Effective
March 1, 2001, NCTC Long Distance (the "Company")
will provide interstate long distance services and effective
August 10, 2007, the Company will provide international
long distance services ("Service") between
points within the United States for interstate long
distance services and between points from the United
States to the foreign countries noted below for international
long distance service at the rates, and under the terms
and conditions stated herein, as the rates, terms and
conditions may be modified from time to time. The terms
and conditions are in addition to those that may be
noted in Section 17, below, for the use of a specific
rate plan or offering of the Company. As used herein,
“you” or “your” refers to the
individual or entity using or paying for the Service.
USE OF THE COMPANY’S SERVICE CONSTITUTES YOUR
ACCEPTANCE OF THESE RATES, TERMS, AND CONDITIONS.
1.
AVAILABILITY OF SERVICE. Subject to the availability
of facilities and subject to transmission and like conditions,
Service is available for your use twenty four (24) hours
a day, seven (7) days a week. The rates for the Service
are attached hereto and are incorporated herein by reference.
2.
USE OF SERVICE. You may use the Service for
any lawful purpose. Any unlawful use of the Service
is strictly prohibited and may be grounds for immediate
termination of Service by the Company.
3.
RATES AND CHANGES IN RATES, TERMS AND CONDITIONS. Current
rates are found at the end of this document. The Company
reserves the right to make price changes for Service
or changes in these terms and conditions upon providing
ten (10) days advance notice. The Company may elect
to provide such notice by any reasonable commercial
method including, but not limited to, a bill insert
or a bill message. You agree that you will be bound
by any change in the rates, terms and conditions of
the Service unless you cancel your Service as provided
for in paragraph 13 below prior to the effective date
of the change. The Company maintains updated rates,
terms, and conditions in its office located at 22 LaBarre
St, Gibbon, NE and on its website at www.nctc.net.
4.
LIABILITY OF THE COMPANY. The liability of
the Company, if any, for interruption, delays, or failures
in transmissions (“Service Problems”), whether
caused by the negligence of the Company or otherwise,
is expressly limited to credits issued by the Company
to you. No credit will exceed the charges billed by
the Company to you for the period during which the Service
Problem occurred. The Company will issue a credit only
when the Service Problem lasts more than twenty-four
(24) hours. The Company reserves the right to require
you to apply for any such credit in writing. The Company
may also deny your request for credit where your evidence
is inconclusive or the request for credit is otherwise
unwarranted or insufficient.
In
no event is the Company liable to any person for any
cost, damage or harm whatsoever arising from: (a) your
negligence or willful act: (b) the attachment or use
of any equipment or wiring by you which you use in conjunction
with the Service; (c) the use of any facilities of other
carriers by the Company in rendering the Service to
you; (d) errors or omissions associated with your telephone
number or listing information provided via directory
assistance; or (e) any acts beyond the control of the
Company including, but not limited to: (1) acts of God,
riots, fire, flood or other catastrophe; or (2), any
law, regulation, directive, order or request of any
a federal or state governmental authority or agency
having jurisdiction over the Company. Under no circumstances
whatsoever will the Company or its officers, agents,
or employees be liable for indirect, incidental, special,
punitive, exemplary, or consequential damages.
5.
INDEMNITY. You agree to indemnify and hold
harmless the Company for any liability with respect
to any and all claims and damages, of every kind (including
specifically special or consequential damages), arising
from your use of the Service. Your indemnity of the
Company also extends to: (a) any claims or damages arising
out of or attributed, directly or indirectly, to Service
Problems; (b) any claims or damages of the owner of
your premises or equipment; or (c) any other third party
claims and damages.
6.
NO WARRANTIES. EXCEPT AS MAY BE EXPRESSLY SET FORTH
HEREIN, THE COMPANY MAKES NO WARRANTIES EXPRESS OR IMPLIED
WITH RESPECT TO THE PROVISION OF ITS SERVICES, AND EXPRESSLY
DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE.
7.
PAYMENT. You will provide the Company with
your name, social security number, address and telephone
number for billing purposes. Business entities will
provide the name of a designated officer or agent. All
information provided will be accurate, and the Company
has the right to access and verify credit information.
Once
Service is activated, you are responsible for paying
all charges associated with the Service. Monthly Service
charges and usage charges are billed in arrears. All
bills from the Company are due upon receipt and are
payable at the Company's office as designated on the
bill. The Company may apply a late fee of the lesser
of 1 percent (1%) per month or the maximum rate permitted
by law to each of your bills not paid by the due date.
You are responsible to pay all the Company's cost of
collection, including bank charges and reasonable attorneys'
fees.
8.
CALCULATION OF USAGE. Charges for usage-based
Service offered by the Company begin when the connection
is established. Charges are assessed in increments of
one minute, with additional seconds rounded up, with
the exception of the Company’s NCTC 1000 product
offering that is billed in six (6) second increments.
Where charges for Service vary due to time of day, time
periods are defined in the Company's rate tables and
are determined by the local time of the location where
you make the call. When a call is established in one
rate period and ends in another rate period, the rates
are based on the portion of your call that occurs within
each rate period.
9.
TAXES, FEES AND SURCHARGES. In addition to
the charges for the Service, you are also responsible
for paying all applicable federal, state and local use,
excise, sales or privilege taxes, and all fees chargeable
to or against the Company as a result of its provision
of Service to you.
10.
BILLING DISPUTES. If you believe you have been
billed in error, you must contact the Company within
sixty (60) days of the date of the bill which contains
the disputed charge. Refunds or adjustments will not
be issued for any charge that is more than sixty (60)
days old. You may withhold from payment to the Company
the disputed portion of any bill pending resolution
of the dispute, but all nondisputed charges are due
within the normal time period. The Company will notify
you of the results of its inquiry, and either adjust
the billing, issue a credit, or notify you that all
or a portion of the disputed amount is still owed. You
will be required to pay such amount within fifteen (15)
days thereafter, and if you fail to pay this amount
within the time required, your account will be deemed
past due and unpaid. In such event, the Company will
be entitled to terminate your Service immediately without
any liability whatsoever and/or require an additional
deposit. In addition, any payments you withheld pending
resolution of the dispute may be subject to a late payment
fee of one percent (1%) per month for the period during
which such charges remain unpaid.
11.
BILLING ENTITY CONDITIONS. When billing for
the Company’s Services is performed by local exchange
telephone companies, credit card companies or others,
the payment conditions and regulations of such companies
apply, including any applicable interest and/or late
payment charges.
12.
DEPOSITS. The Company reserves the right to
require you to make a deposit to guarantee payment for
Service before activating Service. After your Service
is activated, if your actual monthly usage exceeds your
estimated monthly usage by more than twenty-five percent
(25%), the Company may also require a deposit or additional
deposit.
The
Company will return your deposit as follows: (a) when
an application for Service has been cancelled prior
to the time that your Service is activated, your deposit
will be applied to any existing charges, and any excess
portion of the deposit, if any, will be returned by
the Company within sixty (60) days following settlement
of your account; (b) upon the discontinuance of Service,
the Company will refund your deposit to the extent that
it exceeds any unpaid charges for Service provided to
you; or (c) the unused portion of a deposit will be
refunded to you if you have paid each bill rendered
by the Company for Service within the prescribed period
for each of the six (6) months after the date the deposit
was made. The refunding or crediting of your deposit
and accrued interest in no way relieves you of your
obligation to comply with all of the terms and conditions
of this contract or from making payments when due.
13.
TERMINATION OF SERVICE BY THE CUSTOMER. Upon
providing the Company adequate information as to your
identity, you may terminate Service by notifying the
Company. All amounts due under the terms and conditions
of the Service plan selected are immediately due and
payable.
14.
TERMINATION OF SERVICE BY THE COMPANY. The
Company may immediately terminate or withhold Service
to you without incurring any liability whatsoever for
the following reasons: (a) nonpayment of any sum due
for Service where your charges remain unpaid more than
thirty (30) days beyond the due date of the most current
bill the Company mailed, postage prepaid, to your last
known address; (b) your acts or omissions which constitute,
in the reasonable opinion of the Company, a violation
of or a failure to comply with any term of this contract,
and where such violation or failure to comply with a
term of this contract threatens to interfere with the
Company's operations or its furnishing of Service to,
or the use of Service by, another customer of the Company;
(c) the implementation of any order of a court of competent
jurisdiction, or of a federal or state regulatory authority
of competent jurisdiction, prohibiting the Company from
furnishing you Service; (d) where you have failed or
neglected to tender any additional or required deposit
within fifteen (15) days of demand by the Company; or
(e) where the Company reasonably deems partial or complete
termination of Service is necessary to prevent unlawful
use of its Service.
In
the event your Service is partially or completely terminated
for any of the reasons stated herein, you will remain
responsible for all unpaid Service charges due and owing
to the Company. The Company will have the right to apply
your deposit and any accrued interest to all cancellation
charges and to all associated outstanding charges associated
with your Service. If you seek reinstitution of Service
following a partial or complete termination of Service
by the Company, you will pay to the Company prior to
the time Service is reinstituted: (a) all accrued and
unpaid charges; and (b) a deposit.
15.
TESTING AND INSPECTIONS. Without incurring
any liability whatsoever, the Company may, at any time,
interrupt the provision of Service to you in order to
perform tests and inspections to assure compliance with
this contract and/or the proper installation and operation
of either your equipment and facilities or the Company's
equipment and facilities. The Company may continue such
interruption until any noncompliance or improper equipment
or facilities identified is corrected.
16.
NO WAIVER. Based on the circumstances presented, the
Company may waive certain of the requirements stated
herein. Such waiver will be limited to that set of specific
circumstances and will not eliminate your obligation
to continue to comply with the terms and conditions
stated herein.
17.
SERVICE DESCRIPTIONS AND RATES
A.
Direct Dial Service. The Company’s Direct Dial
Service allows you to make direct dial interstate long
distance telephone calls by dialing “1”,
the area code and the telephone number to locations
within the continental United States. The Company offers
six calling plan options, five of which require a monthly
service charge in addition to or in place of per-minute
charges. If applicable, the monthly service charge is
assessed even if you make no calls. Direct Dial Service
is available only when you select the Company as your
presubscribed “1+” provider for interstate
long distance services. When you also select the Company
as your presubscribed intrastate long distance provider,
you incur only one monthly service charge.
.................................Per
Minute.................. Monthly
Interstate Service Charge
Classic........................
$0.13 ............................................None
Elite............................
$0.07 ..........................................$
5.95
NCTC 250
Up
to 250 minutes ..........................................................$21.95
Each
add’l minute ..........$0.09
NCTC 500
Up
to 500 minutes..........................................................
$39.95
Each
add’l minute ...........$0.08
NCTC 1000*
Up
to 1000 minutes ........................................................$79.95
Each
add’l minute ...........$0.08
*
Billed in six (6) second increments.
B.
Directory Assistance. The Company’s Directory
Assistance allows you to reach an operator by dialing
“1-(area code)-555-1212” or “411”
to request a published telephone number from that operator’s
database. The Company will assess the following charge
on a per-requested number basis.
Per-Number
Requested
Directory Assistance........
$0.99
C.
Toll Free 8XX Service. The Company’s Toll Free
8XX Service allows third parties to place interstate
long distance calls to you; you pay all per-minute and
monthly service charges associated with such incoming
calls. The Company arranges the assignment of a ten
digit "8XX" number, which routes all calls
to your predetermined local number. Where you request
a specific 8XX number (a “Toll-Free Vanity Number”),
the Company will, for a non-recurring charge per-request,
make reasonable efforts to reserve that number(s), but
makes no guarantee or warranty that the requested Toll-Free
Vanity Number(s) will be available or assigned to you.
In addition, where calls are made from a pay telephone,
you will be assessed the Payphone Service Provider Surcharge
as noted below.
Monthly
Toll Free Service ...............Per
Minute .....................Service
Charge*
Toll Free Basic ................................$0.10
.................................$5.00
Toll Free Plus** ...............................$0.10
.................................$5.00
Non-Recurring
Charge Per Request
Toll-Free Vanity Number $40.00
*
In addition to the Payphone Service Provider Surcharge
where applicable.
** Billed in six (6) second increments. To be eligible
for Toll Free Plus, a customer must subscribe to the
Direct Dial Services product, NCTC 1000.
D.
Payphone Service Provider Surcharge. A Payphone Service
Provider (PSP) Surcharge will be applied to each call
that you place from a payphone using the Company’s
Calling Card Service and any call made from a payphone
to your Toll Free 8XX Service number. This charge is
applied to recover compensation for these calls owed
to the payphone owners.
Per-Call
Surcharge
Payphone Service Provider Surcharge $0.60
E.
International Long Distance Service. The Company also
offers the following International Long Distance Service,
i.e. calls you make from the United States to a foreign
country. The Company’s offering of its International
Long Distance Service is subject to the following specific
terms and conditions which are in addition to those
in Sections 1 to 16, above. To the extent that any of
the following term and condition below varies from those
previously stated, the terms and conditions below govern.
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