Service Terms and Conditions
The FCC, effective August 1,2001, has changed the Telecommunications Interstate Tariff filing requirements. The FCC has mandated that Interstate Tariff's will no longer be filed and maintained with the FCC, The Telecommunication Companies will be responsible going forward to post the Service Terms and Conditions via the customers web site. This change is required by the FCC, and is consistent with Reduced Rate Long Distance's commitment to give all customers complete and accurate information about all their services.
Your long distance service will NOT be affected by this change, and your billing statements will still reflect the same low rates you paid prior to the change taking place.
No action is required on your part. The FCC is requiring U.S. long distance companies to cease filing and maintaining tariffs for state to state telecommunication services and now have them accessible via the company web site.
You will continue to receive service as you have been. Continued use of service constitutes acceptance of the terms and conditions of the service agreement.
It is our intent to implement this transition in a way that minimizes confusion, and continues our valued relationship with you. This transition does not affect our obligations to you. Again, no action is necessary on your part. If you have any questions, please contact our Customer Care Department at 866-367-7753. We look forward to continuing to serve your telecommunication needs.
This tariff contains the Service offerings, terms and conditions applicable to the furnishing of state-to-state resale telecommunication services within the United States.
DEFINITION OF TERMS
A person, firm, corporation, or other entity authorized by the customer to receive or send communications.
A completed connection between the Calling and Called Stations.
The telephone number called.
The telephone number from which a Call originates.
Reduced Rate Long Distance, LLC, unless specifically stated otherwise.
Cancellation of Order
A Customer initiated request to discontinue processing a Service Order, either in part or in its entirety.
Reduced Rate Long Distance, LLC, also referred to as Carrier.
Completed calls are calls answered on the distance end.
The person, firm, corporation or other entity which orders or uses service and is responsible by law for payment for communication service from the telephone utility.
Customer Provided Equipment
Terminal equipment provided by a customer.
The disabling of circuitry preventing outgoing and incoming toll communication service provided by Carrier.
The last day for payment without unpaid amounts being subject to a late payment charge.
Federal Communications Commission
Monthly Recurring Charge
A monthly service processes charge.
Non Recurring Charge
A one time charge.
Pre-subscribed Inter-exchange Carrier Charge
A charge levied by order of the FCC or state regulatory body to recover the costs of providing local access to the interstate long distance networks used to provide services under this tariff.
The space occupied by an individual customer in a building, in adjoining buildings occupied intirely by that customer, or on contiguous property occupied by the customer separated only by a public thoroughfare, a railroad right of way or a natural barrier.
All telephone instruments, including pay telephone equipment, the common equipment of large and small key and PBX systems and other devices and apparatus, and associated wiring, which are intended to be connected electrically, acoustically or inductively to the telecommunication system of the telephone utility.
An early termination fee, this fee is not a penalty, but rather is an alternative means for you to perform your obligations under the Agreement that partially compensates us for the fact that the Service Commitment on which your rate plan is based was not completed.
USF-Universal Service Fund
A federally mandated surcharge, to provide telecommunication and Internet access to high cost rural and inter-city areas.
LATA Local Access Transport Area
LDA Local Distribution Area
LEC Local Exchange Carrier
MTS Message Toll Service
PBX Private Branch Exchange
SAL Special Access Line
V& H Vertical and Horizontal
Rules and Regulations
Carrier provides long distance inter exchange telephone service to customers for their direct transmission of voice, data, and other types of telecommunications.
Communications originate when the customer accesses Carrier directly or through the facilities of the local service carrier via one or more access lines, equal or on a dial up basis. Carrier may act as the customer's agent for ordering access connection facilities provided by other carriers or entities when authorized by the customer, to allow connection of a customer's location to the Carrier network. The customer shall be responsible for all charges due for such service arrangements.
The company's services are provided on a monthly basis (30 days) and are available twenty-four (24) hours per day, seven (7) days per week.
Limitations on Services
Service is offered subject to the availability of the necessary facilities and/or equipment and subject to the provisions of this tariff.
Carrier reserves the right to discontinue furnishing service upon written notice, when necessitated by conditions beyond its control or when the customer is using the service in violation of the provisions of this tariff or in violation of the law.
Title to any equipment provided by Carrier under these regulations remains with the Carrier. Prior written permission from the company is required before any assignment or transfer. All regulations and conditions contained in this tariff shall apply to any assignee or transferee.
Use of Service
Service may not be used for any unlawful purposes.
Limitation of Liability
Carrier shall not be liable to any person, firm, or entity for damages, either direct, indirect, consequential, special, incidental, actual, punitive, or for any other damages or lost profits arising out of mistakes, accidents, errors, omissions, interruptions, delays or defects in transmission and not caused by the negligence of the carrier, commencing upon activation of service and in no event exceeding an amount equivalent to the proportionate charge to the customer for the period of services during which , mistakes, accidents, errors, omissions, interruptions, delays or defects in transmission occurred.
Carrier makes no warranty, whether express, implied or statutory, as to the description, quality, merchantability, completeness or fitness for any purpose of the service or local access, or as to any other matter, all of which warranties by Carrier are hereby excluded and disclaimed.
Carrier, at its own expense, will indemnify the customer and hold it harmless in respect to any and all loss, damage, liability or expense asserted against the customer by a third party on account of any property damage or personal injury caused by any negligence or willful misconduct of Carrier or its agents or representatives arising out of performance by Carrier of any testing or other activities on the customer's premises pursuant to this tariff. Carrier's obligations under the immediately preceding sentence shall be subject to the customer's full performance of this tariff and subject further to the customer's duty to take reasonable precautions in the location, construction, maintenance and operation of all activities, facilities and equipment for the protection against hazard or injury and not to interfere with the services provided by Carrier.
Carrier shall be indemnified and held harmless by the customer against:
A. Claims for libel, slander, infringement of copyright or patent infringement, unauthorized use of any trademark, trade name or service mark arising out of the material, data information, or other content transmitted over the carrier's facilities; and
B. All other claims arising out of any act or omission by the customer in connection with any service provided by Carrier.
The language set forth in this Section does not constitute a determination by the commission that a limitation of liability imposed by the Company should be upheld in a court of law. Acceptance for fining by the Commission recognizes that it is a court's responsibility to adjudicate negligence and consequently damage claims. It is also the court's responsibility to determine the value of the exculpatory clause.
The parties agree that any controversy or claim arising out of Company's providing of telecommunication services to Customer shall be resolved through alternative dispute resolution means in the following manner.
A. Initially, the parties will engage in non-binding mediation. Mediation shall be held in Orlando, Florida. The mediator shall be jointly appointed by the parties and shall have expertise in both Telecommunications and commercial dispute resolution.
B. In the event that the dispute of claim is not satisfactorily resolved through mediation within forty-five (45) days of notice of such claim or dispute by a party, the parties agree to submit such dispute or claim to binding arbitration. Arbitration shall be held in Orange, Florida. Any judgment, decision or award by the arbitrator shall be final and binding on the parties and may be enforced in any court having jurisdiction over a party against whom any such judgment, decision or award is to be enforced. The parties specifically and knowingly waive any rights under State or Federal constitutions or statutes which grant a party the right to trial by jury for any claim that might arise out of Company's providing of telecommunications services to Customer or which purports to give a party the right to appeal an arbitrator's judgment decision or award. The rules and procedures of the American Arbitration Association shall apply.
C. The parties shall bear their own costs and expenses, including, but not limited to, attorney's fees, for any mediation or arbitration, unless otherwise directed by the mediator or arbitrator.
D. Interruption of Service
A credit allowance for interruptions of service which are not due to Carrier's testing or adjusting, to the negligence of the customer, or to the failure of the channels, equipment, and/or communications systems provided by the customer, are subject to the general liability provisions set forth in this tariff. It shall be the obligation of the customer to notify Carrier of any interruption in service. Before giving such notice, the customer shall ascertain that the trouble is not being caused by any action or omission by or within the customer's control and is not in wiring or equipment connected to the Carrier terminal.
Restoration of Service
The use and restoration of service in emergencies shall be in accordance with the Part 64, Subpart D of the Federal Communications Commission's Rules and Regulations which specifies the priority system for such activities.
All customers assume general responsibilities in connection with the provisions and use of Carrier's service. All customers are responsible for the following:
- The customer is responsible for placing orders for service, paying all charges for service rendered by Carrier and complying with all of Carriers regulations governing the service. The customer is also responsible for assuring that its users comply with regulations.
- When placing an order for service, the customer must provide:
·The name (s) and address (es) of the person (s) responsible for the payment of service charges.
·The name(s), telephone number(s), and address (es) of the customer contact person(s).
The customer must pay Carrier for the replacement or repair of Carrier's equipment when the damage results from:
1. The negligence or willful act of the customer or user.
2. Improper use of service
3. Any use of equipment or service provided by others.
After receipt of payment for the damages, Carrier will cooperate with the customer in prosecuting a claim against any third party causing damage.
Maintenance, Testing, and Adjustment
Upon reasonable notice, the equipment provided by Carrier shall be made available to Carrier for such tests and adjustments as may be necessary to maintain them in satisfactory condition. No interruption allowance will be granted for the time during which such tests and adjustments are made.
The Company may require a cash deposit from a prospective customer, a presently disconnected customer or a former customer to be held a s a guarantee for the payment of charges.
Deposits shall be returned to the customer when service is terminated or when satisfactory credit has been established. Satisfactory credit may be established through prompt payment of all Carrier bills for a period of one year.
Upon termination of service, deposits with accrued interest shall be credited to the final bill and the balance returned to the customer.
Credit for failure of service or equipment will be allowed only when failure is caused by or occurs in equipment owned, provided and billed for, by Carrier.
Credit allowances for failure of service or equipment starts when the customer notifies Carrier of the failure or when Carrier becomes aware of the failure and ceases when the operation has been restored and an attempt has been made to notify the customer.
The customer shall notify Carrier of failures of service or equipment and make reasonable attempts to ascertain that the failure is not caused by customer provided facilities, any act or omission of the customer, or in wiring or equipment connected to the terminal.
Only those portions of the service or equipment operation disabled will be credited. No credit allowances will be made for:
1. Interruptions of service resulting from Carrier performing routine maintenance.
2. Interruptions of service for implementation of a customer order for a change in the service.
3. Interruption caused by the negligence of the customer or his authorized user.
4. Interruptions of service because of the failure of service or equipment due to customer or authorized user provided facilities.
Cancellation by Customer
If a customer orders services requiring special equipment and/or facilities dedicated to the customer's use and then cancels the order before the service begins, a charge will be made to the customer for the non recoverable portions of expenditures or liabilities incurred expressly on behalf of the customer by Carrier.
Payment and Charges for Services
1. Service is provided and billed on a monthly basis.
2. Payment is due upon Receipt. Payment will be considered timely if paid within 10 days after the bill is rendered. The bill shall be considered rendered when deposited in the U.S. mail with postage prepaid.
3. In the event of a dispute concerning a bill, Customer must pay a sum equal to the amount of the undisputed portion of the bill.
4. The customer is responsible for payment of all charges for services furnished.
5. Customer is responsible for payment of any state and local taxes (i.e. gross receipts, tax, sales tax, municipal utilities tax) which will be listed as separate line items and which are not included in the quoted rates.
6. Customers will be charged a late payment penalty.
7. Customers will be charges on all checks returned to Carrier by the issuing entity.
8. The Customer will be billed directly by the LEC for certain Dedicated Access arrangements selected by the Customer for the provisioning of direct access arrangements. In those instances where the customer requests the Company to act as agent in the ordering of such arrangements, the Company will bill the Customer directly for Local Access Charges.
9. The charges for services will be the same whether payment is made by check or credit card billed. Application of Charges The charge for service is those in effect for the period that service is furnished. If the charges for a period covered by a bill change after the bill has been rendered, the bill will be adjusted to reflect the new charges. Customer Complaint Procedure The Carrier will resolve any complaints brought to its attention as promptly and effectively as possible. Customer Service Representatives can be reached through the following telephone number. 1- 866-367-7753.
In the event of an unresolved complaint regarding intrastate telecommunications service issues, please contact the Carrier for the address and telephone number of the appropriate regulatory agent in your state.
In the event of an unresolved complaint regarding interstate telecommunication service issues, please contact the Federal Communications Commission at 1- CALL-FCC (1-888-225-5322) Carrier Responsibilities
Calculation of Credit Allowance
When service is interrupted the credit allowance will be computed on the following basis:
· No credit shall be allowed for an interruption of less than two hours.
· The customer shall be credited fro an interruption of two hours or major fraction thereof that the interruption continues.
· When a minimum usage charge is applicable and the customer fails to meet a usage minimum credit, the outage shall be applied against that minimum equal to 1/260th of the monthly minimum charges associated with the portion of service disabled for each period of two hours or major fraction thereof that the interruption continues.
· Customers have up to 60 days (commencing 5 days after remittance of the bill) to initiate a dispute over charges or to receive credits. Carrier will try its best to resolve any disputes properly brought to its attention. Unresolved disputes may be directed to the attention of the Commissions.
Cancellation of Credit
Where the Carrier cancels a service or the provision of equipment and the final service is less than the monthly billing period, a credit will be issued for any amounts billed in advance, prorated at 1/30th of the monthly recurring charge for each day the service was rendered or the equipment was provided. This credit will be issued to the customer or applied against the balance remaining on the customer's account.
Disconnection of Service by Carrier
Carrier, upon 5 days written notice to the customer, may discontinue service or cancel an application for service without incurring any liability for any of the following reasons:
· Non-payment of any regulated sum due to Carrier service for more than 20 days beyond the date of rendition of the bill for such service;
· A violation of any regulation governing the service.
· A violation of any law, rule, or regulation of any government authority having jurisdiction over the service; or
· Carrier is prohibited from furnishing services by order of a court or other government authority having jurisdiction.
Description of Service
Timing of Calls
The customer's monthly usage charges for Carrier service are based upon the total number of minutes the customer uses and service options subscribed to. Chargeable time begins when the connection is established between the calling station and the called station of PBX. Chargeable time ends when either party hangs up.
There are no charges incurred if a call is not completed.
For billing purposes, the start of the service is the day service is first provided to the customer by the Carrier. The end of service date
Minimum Call Completion Rate
The customer can expect a call completion rate of 99% of calls attempted during peak use periods for all Feature Group (1+) services.
Carrier may from time to time offer special promotions to customers upon prior Commission approval of such promotions.
The Company will provide the following services:
Message Toll Service (MTS)
Outgoing long distance service whereby the customer accesses the Company's underlying carrier's network on an equal access or dial-up basis.
In non-equal access areas, the customer will gain access to the Carrier's network by dialing a 101XXXX access code which will be provided by the Company.
Inbound 800/888 Service
Inbound service is virtual banded inbound toll service which permits calls to be completed a t the subscriber's location without charge to the calling party. Access to the service is gained by dialing a ten-digit telephone number, which terminates at the customer's location. Inbound services originate via normal shared use facilities and are terminated via the customer's local exchange service access line.
Travel Card Services
Allows subscribers to place calls by gaining access to the network via a toll free telephone number and PIN number issued by the Company.
Directory Assistance is the provision of listed telephone numbers to requesting customers. The company will provide directory assistance service at a per call charge in accordance with the rules set forth by the Commission.
Billing Charges and Billing Increments
Unless otherwise specified, the initial call rating increment will be six (6) seconds with minimum call duration for billing purposes of sixty (60) seconds. In addition, after the initial (6) seconds calling increments, usage will be measured in sixty (60) second increments.
All calls are rounded to the next highest billing increment. Total charge for a fraction of a cent will be rounded to the next highest whole cent.
Customers will incur the following Recurring Charge types:
Per 800 Number
Accounting Codes (non verified)
Authorization Codes/BTN (verified)
Authorization Code change/add/delete
Monthly Billing Charge
A monthly recurring billing charge of $4.95, $9.95 or $17.95 will be will be charged in accordance with the published Intra-state Tariff. The monthly recurring billing charge will be charged to customers regardless of the prescribed service jurisdiction (intra-state, inter-state or international.)
A monthly FCC Primary Inter-exchange Carrier Charge (PICC) shall be charged to each telephone number that is prescribed to Carrier up to $4.31 per line.
Regulatory Recovery Fee of $4.23 is charged to cover the cost of the various regulatory obligations that the company must comply with as part of offering this service.
In the event you are billed by Reduced Rate Long Distance thru your LEC and the LEC cannot bill our charges, or refuses to bill our charges, we will than remit a bill directly to you. This will include the pass thru of any charges the LEC may levy upon Reduced Rate Long Distance for any reason. In example, if the LEC were to charge us for an account where the consumer claims to have not authorized our charges when in fact we have a valid LOA, that charge will be passed thru to the end user.
Late Payment Penalty
Customers will be charged 1.5% of any amounts owed to the Company beyond the due date.
Dishonored Check Charge
Any person submitting a check to the Carrier, as payment for services, which is subsequently returned by the issuing institution, shall be charged fee at the highest amount applicable under state law.
Pay Telephone Surcharge
A surcharge shall be accessed for each call made from a pay telephone to an 800 number of using a travel card and dialing the carrier prefix in the form of 101XXXX. Although collected on the customer's bill, this charge is reimbursed to the pay telephone service provider.
The Company will impose a fee on all calls to cover Federal Universal Service fund charges, similar charges imposed by some states and the Company's administrative fees. This fee will be shown on your bill as Universal Service Fund, USF or similar language, depending on your local exchange company's choice of terminology for these charges.
We reserve the right, and customer agrees, that for any reason, including but limited to failure to pass our billing validation process or customer's local exchange carrier refuses to accept charges for our service, that we may, at our option, refuse to provide, suspend or terminate our service and require the customer to pay the amount due by other means acceptable to us.
REDUCED RATE LONG DISTANCE, LLC
Thank you for selecting Reduced Rate Long Distance as your telecommunications service provider. This Service Guide, in conjunction with any existing separate Service Agreements, constitutes the rates, terms and conditions applicable to your use of Reduced Rate Long Distance's telecommunications services within the State of California. Reduced Rate has been granted
authority by the California Public Utilities Commission to provide Services under this Service Guide in lieu of a Tariff. Reduced Rate otherwise remains subject to applicable California Public Utilities Commission regulations, Commission Orders including General Order No. 168, California law and Public Utilities Code.
For additional information or assistance, please visit us on the web at www.rrld.net or contact Customer Service at 1-866-367-7753
This Service Guide contains all effective rates, rules and information applicable to Reduced Rate Long Distance, LLC.
The Company has been granted the authority to provide 24-hour interLATA and intraLATA intrastate long distance telephone services between points in California.
SERVICE AREA MAP
The Company has been granted authority by the CPUC to provide interLATA and intraLATA toll service within the State of California.
This Service Guide is applicable to monthly long distance intraLATA and interLATA toll services within the State of California.
The Company renders both interLATA and intraLATA toll service throughout the territory it serves and as shown in its Service Guide.
RATES AND CHARGES
A. 1. Non-Usage Based Plan:
$0.32 per minute.
B. Travel Card Rates
Rate Plan Rate per minute Usage Requirement
Option 1: $0.1090/minute $ 0 - $ 49 per month
Option 2: $0.0990/minute $ 50 - $ 74 per month
Option 3: $0.0890/minute $ 75 - $ 99 per month
Option 4: $0.0790/minute $100 - $149 per month
Option 5: $0.0690/minute $150 - $199 per month
Option 6: $0.0590/minute $200 + per month
Per Call Surcharge: $0.75 per call
C. Directory Assistance
Directory Assistance will be provided to the customer at a cost of $1.00 per call.
D. Presubscribed Interexchange Carrier Charge (PICC)
A monthly Federal PICC shall be charged to each telephone number that is presubscribed to carrier
per the following:
Multi-line business line $4.31/line
Centrex line $0.51
Minimum monthly charge for Centrex $4.25
E. Switched Access Inbound/Outbound Rates
Reduced Rate Calling Plan
The following are the per minute usage charges which apply to all calls. These charges are in addition to the Non-Recurring Charges and Recurring Charges referred to herein. The charges are the same whether billed direct to the customer or through the local exchange carrier.
Unless otherwise specified in this Service Guide, the initial call rating increment will be six (6) seconds with a minimum call duration for billing purposes of sixty (60) seconds. In addition, after the initial six(6) second calling increment, usage will be measured in sixty (60) second increments.
Intrastate Interstate Call Volume
$.129 $.059 Greater than $4,000 per month
$.139 $.069 Greater than $3,000 per month
$.149 $.079 Greater than $2,000 per month
$.159 $.089 Greater than $100 per month
$.169 $.099 Less than $100 per month
F. Recurring Charges
Customers will incur the following monthly Recurring Charges:
|Switched Access||Dedicated Access|
|Per 800 Number||$10.00||$10.00|
|Accounting Codes (non-verified)||$0||$0|
|Authorization Codes/BTN (verified)||$10.00||$10.00|
|Authorization Code change/add/delete||$10.00||$10.00|
|Monthly Recurring Charge per T-I||$N/A||$N/A|
|Monthly Billing Charge||$4.95||$4|
TAXES AND SURCHARGES
A. Applicable Taxes
In addition to the charges specifically pertaining to the Company's services, mandated federal, state and local surcharges, taxes, and fees will be applied. These items are calculated based upon the amount billed to the end user for intrastate services. Such charges include, but are not limited to, the following surcharges and fees ordered by the CPUC:
1. Surcharge to fund CPUC Reimbursement Fee (PUCURA or User Fee) 0.11%
This surcharge will be applied as mandated by PU Code, Chapter 2.5, Article 3. It is for the purpose of funding the CPUC and applies to the aggregate amount of intrastate customer billings.
2. California Relay Service and Communications Devices Surcharge (DEAF) 0.000%
This surcharge will be applied as mandated by Resolution T-16412. This Surcharge applies to aggregate intrastate customer billings.
3. Universal Lifeline Telephone Service (ULTS) Surcharge 0.800%.
This surcharge will be applied as authorized by CPUC Decision 94-09-065 and Resolution T-16098. The ULTS surcharge applies to aggregate amount of intrastate customer billings.
4. California High Cost Fund-A 0.000%
This surcharge will be applied as authorized by CPUC Decision 94-09-065. The CHCF-A applies to the aggregate amount of intrastate customer billings.
5. California High Cost Fund-B 2.600%
This surcharge will be applied as authorized by CPUC Decision 96-10-066. The CHCF-B applies to the aggregate amount of intrastate customer billings.
The CHCF-A and CHCF-B surcharges will be applied to the aggregate amount of all intrastate customer billings except for ULTS service, charges to other certificated carriers, coin sent paid telephone calls (coin in box)/debit card calls, directory advertising services, and usage charges for COPT telephones.
6. California Teleconnect Fund 0.185%
This surcharge will be applied as authorized by CPUC Decision 96-10-066. The CTF applies to the aggregate amount of intrastate customer billings.
B. Pay Telephone (Payphone) Surcharge
A surcharge shall be assessed for each call made from a pay telephone to an 800 number or using a travel card and dialing the carrier prefix in the form 101XXXX. Although collected on the customer's bill, this charge is reimbursed to pay telephone service provider.
C. Universal Service Fund
The Company will impose a Federal Universal Service Fund charge on all applicable services in this Service Guide.
D. Cost Recovery Charge
The Company will impose, at its discretion, a Cost Recovery Charge of $2.23 to offset its costs incurred with regulatory obligations imposed by state regulatory bodies, including recovery of the Federal Universal Service Fund charge. This charge is not a tax or fee imposed by a government entity.
Rule 1 - Definitions
Authorized User - A person, firm, corporation, or other entity authorized by the customer to receive or send communications.
Company - Reduced Rate Long Distance, LLC
Completed Calls - Calls answered on the distance end. In the event an uncompleted call appears on a customer's bill, a credit will be issued when brought to the Company's attention by the customer.
Customer - The person, firm, corporation or other entity which uses, caused the use of, or allows the use of the Carrier's communication network and/or services and is thereby responsible for the payment of charges and for compliance with the Carrier's Service Guide regulations.
Customer Provided Equipment - Terminal equipment provided by a customer.
Day Rates - apply to all calls that occur from 8:00 A.M. to 4:59 P.M. Monday through Friday, except on Carrier recognized Holidays.
Disconnection - The disconnection of a circuit, dedicated access line or port connection being used for existing service.
Evening Rates - apply to all calls that occur from 5:00 P.M. to 10:59 P.M. Sunday through Friday.
Holiday - Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Christmas Day and New Year's Day.
Night/Weekend Rates apply to all calls that occur from 11:00 P.M. to 7:59 A.M. all days; from 8:00 A.M. to 10:59 P.M. Saturday; and from 8:00 A.M. to 4:59 P.M. Sunday.
Rule 2 - Description of Service
The Company provides interexchange carrier 24-hour interLATA and intraLATA intrastate long distance telephone services between points in California.
Rule 3 - Customer Application for Service
Customers desiring service will be asked to complete an application form. On the Company's receipt of the signed form, the Company will accept or reject an order within three business days. The service application is merely a request for service and does not in itself bind the Company to service except under specific conditions, which must be agreed to, in writing, by an authorized agent of the Company, nor does it bind the applicant to subscribe to the service.
Rule 4 - Contracts or Agreements
No specific contracts with customers currently exists. Any specific contracts with customers in the future will be filed with the Commission to become effective in 40 days. No standard contract form for offering specialized facilities or services are currently established by the Company.
Rule 5 - Special Information Required on Forms
No special information is required on any forms to be used by the Company.
Rule 6 - Establishment and Re-establishment of Credit
The Company reserves the right to examine the credit record and check the references of all applicants and customers. The carrier may examine the credit profile/record of any applicant prior to accepting the service order or customer deposit. These shall not in themselves obligate the Company to provide services or to continue to provide service if a later check of applicant's credit record is, in the opinion of the Company, contrary to the best interest of the Company. If service is denied, customer deposits will be returned immediately.
Rule 7 - Deposits
A deposit up to an amount equaling two (2) month's actual or estimated charges for the service provided may be required when the Company determines that such a deposit is necessary based on the customer's payment history, credit rating or other information.
In the event of cancellation, the deposit will be applied toward the subscriber's final bill and any remainder will be returned within 60 days after the service is discontinued. Deposits will be returned after one year if bills were paid on a timely basis.
The Company will compute simple interest on deposits held more than thirty days at the rate of seven/t welfths percent per month (7% per year) for each full month held, except that no interest will be paid if deposit is held less than a full month. The deposit will be considered returned after a reasonable effort has been made by the Company to return it to the customer.
Rule 8 - Notices
Any notice the Company may give to a customer will be given orally or by written notice mailed to the customer's billing address or to such address as may be subsequently given by the customer to the Company.
Except for cancellation of service or as otherwise provided by these rules, any notice from any customer may be given by the customer or any authorized representative to the Company's business office orally or by written notice mailed to the Company's business office. Notice of service cancellation will be in writing.
Rule 9 - Rendering and Payment of Bills
(a) Billing periods are monthly.
(b) The billing date is dependent on the billing cycle assigned to the customer.
(c) The initial billing may consist of one month's estimated usage billed in advance. Charges based on actual usage during a month will be billed monthly in arrears. All fixed monthly and non-recurring charges for services ordered will be billed monthly in advance.
(d) Bill are due and payable upon receipt of the invoice. The total invoiced amount must be paid within 22 days of the invoice date. Bills not paid by the date specified above are subject to a late fee equal to 1.5% of the invoice amount. Bills not paid within 30 days after the invoice date are subject to a 1.5% late payment charge on the unpaid amount. Customer's service may be
terminated if service is not paid for by the 30th day past the billing date after written notice has been provided.
(e) The Company is not responsible for local telephone charges incurred by the customer in gaining access to the Company's network.
(f) A charge of $10.00 will apply for all dishonored checks issued to the Company, or the highest amount applicable under state law.
(g) The Customer will be billed directly by the LEC for certain Dedicated Access arrangements selected by the Customer for the provisioning of direct access arrangements. In those instances where the customer requests the Company to act as agent in the ordering of such arrangements, the Company will bill the Customer directly for Local Access Charges.
(h) The charges for services will be the same whether payment is made by check or credit
Rule 10 - Disputed Bills
In the case of a billing dispute between the customer and the Company for service furnished to the customer, which cannot be settled with mutual satisfaction, the customer can take the following course of action within 60 days of the disputed bill's billing date.
(a) First, the customer may request, and the Company will perform, an in-depth review of the disputed amount. (The undisputed portion and subsequent bills must be paid on a timely basis or the service may be subject to disconnection.)
(b) Second, if there is still disagreement about the disputed amount after the investigation and review by a manager of the Company, the customer may appeal to the CPUC's Consumer Affairs Branch for its investigation and decision.
(c) To avoid disconnection of service, the customer must submit the claim and, if the bill has not been paid, deposit the amount in dispute with the CPUC. The disputed amount must be made payable to the CPUC.
(d) The CPUC will review the claim of the disputed amount, communicate the results of its review to the customer and the Company and make disbursement of the deposited amount. The addresses and telephone numbers of the CPUC's Consumer Affairs Branch are:
Consumer Affairs Branch
505 Van Ness Avenue
San Francisco, California 94102
1-800-649-7570 (toll free)
Consumer Affairs Branch
107 S. Broadway
Los Angeles, California 90012
1-800-649-7570 (toll free)
Rule 11 - Discontinuance and Restoration of Service
Service continued to be provided until canceled by the customer in writing, or until canceled by the Company as set forth below.
Cancellation of Service by a Customer:
If a customer cancels his order for service before the service begins, a charge will be levied upon the customer for the nonrecoverable portions of expenditures or liabilities incurred expressly on behalf of the customer by the Company.
Cancellation for Cause by the Company:
Upon nonpayment of any sum owing to the Company, or upon violation of the provisions governing the furnishing of service under this Service Guide, the Company may, upon written notification, without incurring any liability, discontinue the furnishing of such service within 7 days.
Service may be restored after discontinuance for nonpayment if the customer establishes credit worthiness. The Company reserves the right to collect a deposit for re-establishment of service.
The Company reserves the right to refuse to re-establish service to customer for whom service was disconnected due to reasons of fraud, tampering with equipment, violations of rules and regulations, or similar reasons.
Rule 12 - Information to be Provided to the Public
A copy of this Service Guide will be available for public inspection by writing to:
Reduced Rate Long Distance, LLC
1800 Pembroke Dr., Suite 300
Orlando, FL 32810
Copies of the Company's Service Guide are available to the public at a nominal cost to recover photocopying, postage and/or transmission expenses.
Rule 13 - Temporary Service
Temporary service or service to speculative projects will be provided if consistent with the best interest of the carrier. Rates and conditions for such service will be those published in this Service Guide. Any customer paying the normal subscription fees shall be eligible to utilize the
Rule 14 - Continuity of Service
In the event of foreknowledge of an interruption of service for a period exceeding twenty-four hours, the customer will be notified in writing, by mail, at least one week in advance.
Rule 15 - Access to Customer's Premises
The Company's authorized employees may enter a customer's premises at all reasonable hours for any purposes pertinent to the furnishing of service and the exercise of any and all rights secured to it by law or these rules.
Rule 16 - Limitation of Liability
Liability of the Company
The liability of the Company, if any, for damages arising out of mistakes, omissions, interruptions, delays, errors, or defects in transmission during the course of furnishing service shall in no event exceed an amount equivalent to the charge to Customer for the service during which such mistakes, omissions, interruptions, delays, errors or defects in transmission occurred. However, any such mistakes, omissions, interruptions, delays, errors, or defects in transmission or service which are caused by or contributed to by the negligence or willful act of the customer, or which arise from facilities or equipment used by the customer, shall not result in the imposition of any liability whatsoever upon the Company.
The Company is not liable for the quality of service provided by any local exchange carrier. The Company is not liable for any act, omission or negligence of any local exchange carrier or other provider whose facilities are used in furnishing any portion of the service received by the customer.
The Company shall not be liable for any failure of performance hereunder due to causes beyond its control, including, but not limited to, civil disorders; labor problems; fire and flood; atmospheric conditions or other phenomena of nature, such as radiation. In addition, the Company shall not be liable for any failure of performance hereunder due to necessary network reconfiguration; system modifications due to technical upgrades; or regulations established or actions taken by any court or government agency having jurisdiction over the Company.
In the event an error or omission is caused by the gross negligence of the Company, the liability of the Company shall be limited to, and in no event shall exceed, the sum of $1,000.00.
The Company shall remit any overpayment to customers under the following circumstances: (1) through the Company's normal internal auditing practices, the Company discovers the overpayment; and (2) customer submits a written claim, which with substantiating evidence supplied by the customer, the Company is able to verify.
Disclaimer of Warranties
Except as expressly provided in this Service Guide the Company makes no understanding, agreements, representations or warranties, expressed or implied (including any regarding the merchantability or fitness for a particular purpose).
Refunds for Interruption or Impairment to Service
It shall be the obligation of the Customer to immediately notify the Company of any service interruption. The Company will refund the Customer for the duration of interrupted service within 60 days of the interruption.
Rule 17 - Rate Adjustments
The Company will adjust its rates and charges, or impose additional rates, to recover any amounts which it is required by Governmental or Quasi-governmental authorities to collect from or pay to others. Such charges will include, but are not limited to PIC charges, payphone/dial around compensation, access reform and universal connectivity. These charges will appear as separate line items on invoices rendered to the end user, and will include a reasonable fee for the administration of these initiatives.
Rule 18 - Arbitration
The parties agree that any controversy or claim arising out of Company's providing of telecommunications services to Customer shall be resolved through alternative dispute resolution means in the following manner:
(a) Initially, the parties will engage in non-binding mediation. Mediation shall be held in Daytona Beach, Florida. The mediator shall be jointly appointed by the parties and shall have expertise in both telecommunications and commercial dispute resolution.
(b) In the event that the dispute of claim is not satisfactorily resolved through mediation within forty-five (45) days of notice of such claim or dispute by a party, the parties agree to submit such dispute or claim to binding arbitration. Arbitration shall be held in Volusia County, Florida. Any judgment, decision or award by the arbitrator shall be final and binding on the parties and may be enforced in any court having jurisdiction over a party against whom any such judgment, decision or award is to be enforced. The parties specifically and knowingly waive any rights under State or Federal constitutions or statutes which grant a party the right to trial by jury for any claim that might arise out of Company's providing of telecommunications services to Customer or which purports to give a party the right to appeal an arbitrator's judgment, decision or award. The rules and procedures of the American Arbitration Association shall apply.
(c) The parties shall bear their own costs and expenses, including, but not limited to, attorney's fees, for any mediation or arbitration, unless otherwise directed by the mediator or arbitrator.