Authorized User: A person, firm, corporation or any other entity authorized by the customer to communicate utilizing the Company’s services. Channel: The term "Channel" denotes the communications path established between Company operating centers and points of communication via satellite, microwave, wire or cable, which channel may be used for the transmission and reception of communications signals. Company: Denotes Euro Connect, Inc., unless specifically stated otherwise. Completed Calls: A completed call is a customer originated call that is answered on the distant end. A customer is not liable for payment of incomplete calls. Customer: The term "Customer" denotes the person, firm or corporation which orders service and is responsible for the payment of charges and compliance with the Company's regulations. Station: The telephone instrument consisting of a transmitter, receiver and associated apparatus so connected as to permit sending and/or receiving of telephone calls.. Timing of Calls: Chargeable time for services begins at the time the Company’s call monitoring equipment determines the called station has answered and ends when the call monitoring equipment determines that either party has disconnected. The Company’s call monitoring equipment sustains an accuracy rate of 98% to 99%. The Company will provide an appropriate credit to a customer billed for a call of short duration when the customer advises that the call was not completed.
2.1 Undertaking of the Company
The company undertakes to provide Long Distance Telecommunications Service in accordance with the terms and conditions set forth in this price list.
2.1.2Shortage of Facilities
All service is subject to the availability of suitable facilities. The Company reserves the right to limit the length of communications or to discontinue furnishing services when necessary due to the lack of satellite or other transmission medium capacity or as a result of any causes beyond its control.
2.1.3Liability of the Company
(A)Except as stated in this price list, the Company shall have no liability for damages of any kind arising out of or related to events, acts, rights or privileges contemplated in this price list. This price list does not limit the liability of the Company for willful misconduct.
(B)The liability of the Company for damages resulting in whole or in part from or arising in connection with the furnishing of service under this price list, including, but not limited to, mistakes, omissions, interruptions, delays, errors or other defects or representations shall not exceed an amount equivalent to the proportionate charge to the customer for the period of service during which the mistake, omission, interruption, delay, error or defect in transmission or failure in facilities occurred. No other liability in any event shall attach to the Company.
(C)The Company shall not be liable for any failure of performance hereunder due to causes beyond its control, including, but not limited to, Acts of God; fires, flood or other catastrophes; any law, order, regulation, directive, action or request of the United States Government or any other government, including state and local governments having jurisdiction over the Company, or of any department, agency, commission, bureau, corporation or other instrumentality of any one or more of said governments, or of any civil military authority; national emergencies, insurrections, riots, wars or other labor difficulties.
(D)The Company shall not be liable for any act or omission of any other entity furnishing to the Customer facilities or equipment used with the Company's Long Distance Telecommunications Services; nor shall the Company be liable for any damages or losses due to the failure or negligence of the Customer or due to the failure of the Customer-provided equipment or facilities.
The Company shall be indemnified and saved harmless by the Customer from and against all loss, liability, damage and expense, including reasonable attorney fees, due to claims for libel, slander, or infringement of copyright in connection with the material transmitted over the Company's facilities; and any other claim resulting from any act or omission of the Customer or patron(s) of the Customer relating to the use of the Company's facilities.
2.1.5Provision of Equipment and Facilities
Customer-provided station equipment at the Customer's premises for use in connection with this service shall be so constructed, maintained and operated as to work satisfactorily with the facilities of the Company. The Company shall not be responsible for the installation, operation or maintenance of any Customer-provided communications equipment. Where such equipment is connected to service furnished pursuant to this price list, the responsibility of the Company shall be limited to the furnishing of services under this price list and to the maintenance and operation of such services in the proper manner; subject to this responsibility, the Company shall not be responsible for:
(A)the through transmission of signals generated by Customer-provided equipment or for the quality of, or defects in, such transmission; or
(B) the reception of signals by Customer-provided equipment; or
(C) network control signaling where such signaling is performed by Customer-provided network control signaling equipment.
2.1.6Restoration of Service
The use and restoration of service shall be in accordance with Part 64, Subpart D of the Federal Communications Commission's Rules and Regulations, which specify the priority system for such activities.
Service shall not be used for any unlawful purpose(s).
2.3Obligations of the Customer
2.3.1Customer Premises Provisions
(A)The Customer shall provide the personnel, power and space required to operate all facilities and associated Company equipment installed on Customer premises.
(B)When facilities and equipment are provided by the Company, the Customer shall be responsible for providing Company personnel access to Customer premises at any reasonable hour for the purpose of testing facilities or equipment of the Company, or upon termination of service, for the purpose of removing such equipment.
2.3.2Liability of the Customer
(A)The Customer will be liable for damages to the facilities of the Company caused by the negligence or willful acts of the officers, employees, agents or contractors of the Customer.
(B)The Customer is required to reimburse the Company for any loss through theft of the Company's equipment or apparatus on the Customer's premises.
2.4Use of Service
2.4.1Long DistanceTelecommunications Service may be used to transmit communications of the Customer in a manner consistent with the terms of this price list and the policies and regulations of the F.C.C.
2.4.2Abuse and Fraudulent Use
(A)Long Distance Telecommunications Service is furnished subject to the condition that there will be no abuse or fraudulent use of the service. Abuse or fraudulent use of service includes:
(1)The use of profane or obscene language;
(2)The use of service or facilities of the Company to make a phone call, or give or obtain information without payment of the charge applicable for service;
(3)The obtaining, attempting to obtain, assisting another in obtaining or attempting to obtain service by rearranging, tampering with or making connection with any facilities of the Company or by any trick, scheme, false representation, or false credit device whatsoever, with intent to avoid the payment, in whole or in part, of the regular charges for such service;
(4)The use of service or facilities of the Company for a call or calls, anonymous or otherwise, if in a manner reasonably to be expected to frighten, abuse, torment, or harass another; and
(5) The use of the service in such a manner as to interfere unreasonably with the use of the service by one or more other customers.
(B)The Company may refuse to accept Collect Calling, Calling Card and/or Third Number Calling which the Company determines to be invalid and/or may limit the use of these billing options to or from certain countries or areas including all or part of the United States, Canada or Mexico.
2.5Customer Equipment and Channels
2.5.1Interconnection of Facilities
(A)Interconnection between Customer-provided and Company-provided service must be made by the Customer at the operating offices of the Company. The Customer may effect such interconnection by leased channel or dial-up service.
(B)In order to protect the Company's facilities and personnel and the services furnished to other Customers by the Company from potentially harmful effects, the signals applied to the Company's service by the Customer shall be such as not to cause damage to the facilities of the Company. Any special interface equipment necessary to achieve compatibility between facilities of the Company and the channels or facilities of others shall be provided at the Customer's expense.
The Company may, upon reasonable notification and at a suitable time, perform such tests and inspections necessary to determine that requirements regarding equipment and interconnections are being complied with. If the protective requirements in connection with Customer-provided equipment are not being complied with, the Company may take such action as necessary to protect its facilities and personnel and will promptly notify the Customer in writing of the need for protective action. In the event that the Customer fails to advise the Company within 10 days after such notice that corrective action has been taken, the Company may take whatever additional action is deemed necessary, including suspension of service, to protect its facilities and personnel from harm.
2.6 Payment Arrangements
2.6.1 Billing of Charges
(A)Charges will be billed monthly in arrears and are due and payable upon receipt by the customer. Customer will be billed for all usage accrued beginning upon access to the service. For the purpose of computing charges, a month is considered to consist of 30 days.
(B)Charges for a fractional part of a month are calculated by counting the number of days remaining in the billing period after service is furnished. Divide that number of days by thirty days (billing period). The result is then multiplied by the applicable monthly service charge to arrive at the appropriate fractional monthly service charge.
(C)For each call the minimum charge shall be the applicable charge for the initial billing increment of use with use in excess of the initial billing increment during a call charged at the applicable rate per minute with the fractional billing increments, if any, of each call rounded to the next highest whole billing increment.
(D)All per call charges of fractional cents shall be rounded to the next full cent unless otherwise stated in the specific product description.
2.6.2 Payment for Service
(A)The customer is responsible for payment of all charges for facilities and services furnished to the customer and its authorized users by the Company. Federal, state and local taxes, where applicable, shall be added to the charges contained herein. It shall be the responsibility of the Customer to pay these taxes and to accept the liability of any such unpaid taxes that may subsequently become applicable retroactively.
(B)Bills are due and payable upon receipt by the Customer. Interest at the lesser of (1) the rate of one and one-half percent (1.5%) per month or (2) the highest rate allowed by law per month shall accrue upon any unpaid amount commencing thirty (30) days after rendition of the bill. Late payment charges will be included in the Customer's next monthly bill. If, however, the Company denies service as a result of non-payment of the monthly bill, the Customer will be required to pay all unpaid amounts plus applicable late payment charges.
(C)If the Company initiates legal proceedings to collect any amount due hereunder and the Company substantially prevails in such proceedings then the defendant Customer shall pay the reasonable attorneys' fees and costs of the Company in prosecuting such proceedings and appeals there from.
(D)If notice of dispute as to charges is not received by the Company in writing within 30 days after the bill is rendered, the invoice shall be considered correct and binding upon the Customer.
2.6.3Discontinuance of Service for Cause
Upon non-payment of any sum owing to the Company for more than 30 days beyond the date of rendition of the bill for service or upon violation of any of the terms or conditions governing the furnishing of service under this price list, the Company may, by three days notice in writing to the Customer, without incurring any liability, discontinue the furnishing of service under this price list.
The Company may, in order to safeguard its interests, require a Customer or applicant for service who has a proven history of late payments to the Company or whose financial responsibility is not a matter of record to make a deposit to be held by the Company as a guarantee of the payment of charges. Such deposit shall not exceed an amount equal to the installation charges, if applicable, and up to two times the estimated average monthly charge for usage of service offered herein. This deposit shall be held by the Company as a guarantee of the payment of charges provided for herein. The fact that a deposit has been made in no way relives the applicant or customer from making prompt payment of bills on presentation. At such time as the service is terminated, the amount of the deposit is credited to the customer's account and any credit balance which may remain is refunded. At the Company’s option, such a deposit may be refunded or credited to the customer at any time prior to the termination of the service. The Company may discontinue furnishing service to the customer if payment of the deposit is not received by the Company within forty-eight (48) hours of the Company’s request for such. An advance payment may apply in addition to a deposit.
2.6.5 Advance Payment
An advance payment will be required before service is provided when a Customer has a history of late payments to the Company or when a Customer's financial responsibility is not a matter of record. The advance payment will be the nonrecurring charge(s), if any, and one month's estimated recurring and usage charges. The advance payment will be credited on the Customer's initial bill. A deposit may apply in addition to an advance payment.
2.6.6Return Check Fee
A charge of twenty-five dollars ($25.00), or the highest rate allowed by law, will apply whenever a check or draft presented for payment of service is not accepted by the institution upon which it is written.
2.6.7Minimum Service Periods
(A)Except as specified elsewhere in this price list, the minimum contract period is one month from the date service or additions to service are established and the minimum charge is the authorized rate for one month.
(B)The Company may require a contract period longer than one month at the same location in connection with special types of arrangements of service.
2.7Occasional Promotional Offerings
The Company will, from time to time, offer special promotions to its Customers waiving certain charges. These promotions may be limited to certain days, times, and/or locations.
Service Offerings and Rates
3.1Long Distance Telecommunications Service
3.1.1Description of Service
Long Distance Telecommunications Service consists of the furnishing of switched Long Distance telephone service between the Company's operating centers in the United States and the international locations available upon request. Such service is available twenty-four (24) hours per day, seven (7) days per week. Any of the services are subject to taxes, fees, and surcharges applicable to all subscribers, and may vary accordingly with changes of service or state regulations. The Company reserves the right to add contingent charges for subscribers presenting bad checks or late payment, interest of 1.5% on unpaid balances, and loss of special offers in the event of sustained late payments. Per market demand the Company offers and rates are subject to change without advanced notice The Company shall have no liability for damages of any kind arising out of or related to events, acts, rights or privileges contemplated in rate change. This rate change does not limit the liability of the Company for willful misconduct.