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UNION LONG DISTANCE Terms and Conditions
STANDARD
TERMS AND CONDITIONS APPLICABLE TO INTERSTATE and
INTERNATIONAL COMMON CARRIER TELECOMMUNICATIONS SERVICES
IMPORTANT NOTICE: THE FOLLOWING TERMS AND CONDITIONS APPLY TO DOMESTIC
INTERSTATE COMMON CARRIER TELECOMMUNICATIONS SERVICES and INTERNATIONAL
TELECOMMUNICATIONS SERVICES PROVIDED BY FREEDOM RING COMMUNICATIONS, L.L.C.
d/b/a UNION LONG DISTANCE (hereafter referred to as "Union Long Distance”
or the "Company"). IN THE ABSENCE OF AN EXPLICIT WRITTEN AGREEMENT
TO THE CONTRARY SIGNED BY AN AUTHORIZED REPRESENTATIVE OF UNION LONG DISTANCE,
AND ONLY TO THE EXTENT SUCH AGREEMENT CONFLICTS WITH THE FOLLOWING, ALL
OF THE TERMS AND CONDITIONS CONTAINED HEREIN APPLY TO SERVICES PROVIDED
BY UNION LONG DISTANCE. BY USING OR PAYING FOR UNION LONG DISTANCE'S SERVICES,
USERS OF THE COMPANY’S SERVICES AGREE TO BE BOUND BY THESE PROVISIONS.
UNION LONG DISTANCE RESERVES THE ABSOLUTE RIGHT TO MODIFY THE TERMS AND
CONDITIONS HEREIN FROM TIME TO TIME AT ITS SOLE DISCRETION.
1. APPLICATION OF TERMS AND CONDITIONS
1.1 These
Terms and Conditions contain the regulations applicable to the provision
of domestic interstate telecommunications services and international telecommunications
by Union Long Distance, from its originating location(s) in the United
States to all points. Service is furnished subject to the availability
of facilities and transmission, atmospheric and like conditions. The Company
does not guarantee or warrant that services provided hereunder will be
error-free or uninterrupted.
1.2 The
Company may utilize other telecommunication providers facilities and services
in order to provision certain services, including but not exclusive of
billing agents.
1.3 The regulations
contained in these terms and conditions do not apply, unless otherwise
specified, to the lines, facilities, or services provided by a local exchange
telephone company or other common carrier for use in accessing the services
of the Company, to intrastate services provided by the Company or to services
which may be governed by valid and existing state or federal tariffs.
1.4 Where, in these Terms and Conditions, we refer to a "Subscriber"
we mean that person, persons or entity that has agreed to purchase service
from us. Where we refer to a "User" of services, we mean any
person, persons or entity that actually uses the services we provide,
whether or not the Subscriber authorized such use.
1.5 Definitions. This section defines the following terms for the purposes
of these Terms and Conditions.
"Authorization Code" - A numerical code, one or more of which
may be assigned to a Subscriber, to enable the Company to identify the
origin of service user so it may rate and bill the call. All authorization
codes shall be the sole property of the Company and no Subscriber shall
have any property or other right or interest in the use of any particular
authorization code. Automatic numbering identification (ANI) may be used
as or in connection with the authorization code.
"Automatic Numbering Identification (ANI)" - A type of signaling
provided by a local exchange telephone company, which automatically identifies
the local exchange line from which a call originates.
"Billed Party" - The person or entity responsible for payment
of the Company's service. The Billed Party is the Subscriber associated
with the Authorization Code used to place the call.
"Telecommunications" - The transmission of voice communications
or, subject to the transmission capabilities of the service, the transmission
of data, facsimile, signaling, metering, or any other form of intelligence.
2. REGULATIONS
2.1 Undertaking of the Company
2.1.1 Scope: The Company undertakes to provide telecommunications services
in accordance with these Terms and Conditions. The Company does not necessarily
own the facilities over which the services are provided and the Company
reserves the right to provide service over resold lines. The Company's
services provide interstate long distance message telephone service that
permits Users to send and receive direct transmissions of voice, data,
and other types of communications. The Company has chosen USLD
Communications (USLD), an affiliate of Qwest, to supply operator
services. Operator services will be governed by USLD’s
terms and conditions. USLD will directly
bill subscribers for operator services at USLD
rates based on USLD billing practices.
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2.1.2 Facilities/Services: All service provided by Union Long Distance
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 because of the lack of satellite, cable or other
transmission medium capacity or because of any causes beyond its control,
including where the Company discontinues a service offering completely
or in a specific service area.
2.1.3 Limitations on Liability
A) Except as otherwise stated in this section, the liability of the Company
for damages arising out of either: (1) the furnishing of its services,
including but not limited to mistakes, omissions, interruptions, delays,
errors, or other defects, representations, or use of these services, or
(2) the failure to furnish its service, whether caused by acts or omission,
shall be limited to the extension of allowances to the Subscriber for
interruptions in service as set forth in Section 2.1.8.
(B) Except for the extension of allowances to the Subscriber for interruptions
in service as set forth in Section 2.1.8, the Company shall not be liable
to a Subscriber, User or third party for any direct, indirect, special,
incidental, reliance, consequential, exemplary or punitive damages, including,
but not limited to, loss of revenue, data or profits, for any reason whatsoever,
including, but not limited to, any act or omission, failure to perform,
delay, interruption, failure to provide any service or any failure in
or breakdown of facilities associated with the service.
(C) The liability of the Company for errors in billing that result in
overpayment by the Subscriber shall be limited to a credit equal to the
dollar amount erroneously billed or, in the event that payment has been
made and service has been discontinued, to a refund of the amount erroneously
billed.
(D) The Company shall not be liable for any claims for loss or damages
involving:
01. Any act or omission of: (a) the Subscriber
or User, (b) any other entity furnishing service, equipment or facilities
for use in conjunction with services or facilities provided by the Company;
or (c) common carriers or warehousemen;
02. Any delay or failure of performance or
equipment due to causes beyond the Company's control, including but not
limited to, acts of God, fires, floods, earthquakes, hurricanes, or other
catastrophes; national emergencies, insurrections, riots, wars or other
civil commotions; strikes, lockouts, work stoppages or other labor difficulties;
criminal actions taken against the Company; unavailability, failure or
malfunction of equipment or facilities provided by the Subscriber or third
parties; and any law, order, regulation or other action of any governing
authority or agency thereof;
03. Any unlawful or unauthorized use of the
Company's facilities and services;
04. Libel, slander, invasion of privacy or
infringement of patents, trade secrets, or copyrights arising from or
in connection with the transmission of communications by means of Company-provided
facilities or services; or by means of the combination of Company-provided
facilities or services with Subscriber-provided facilities or services;
05. Breach in the privacy or security of
communications transmitted over the Company's facilities;
06. Changes in any of the facilities, operations
or procedures of the Company that render any equipment, facilities or
services provided by the Subscriber obsolete, or require modification
or alteration of such equipment, facilities or services, or otherwise
affect their use or performance, except where reasonable notice is required
by the Company and is not provided to the Subscriber, in which event the
Company's liability is limited as set forth in paragraph A of this Subsection
2.1.3.
07. Any intentional, wrongful act of a Company
employee when such act is not within the scope of the employee's responsibilities
for the Company and/or is not authorized by the Company;
08. Any representations made by Company employees
that do not comport, or that are inconsistent, with the provisions of
these Terms and Conditions.
09. Any act or omission in connection with
the provision of 911, E911, or similar services;
10. Any non-completion of calls due to network busy conditions;
11. Any calls not actually attempted to be completed during any period
that service is unavailable.
(E) The Company
shall be indemnified, defended and held harmless by the Subscriber and
User from and against any and all claims, loss, demands, suits, expense,
or other action or any liability whatsoever, including attorney fees,
whether suffered, made, instituted, or asserted by the Subscriber, User
or by any other party, for any personal injury to or death of any person
or persons, and for any loss, damage or destruction of any property, including
environmental contamination, whether owned by the Subscriber, User or
by any other party, caused or claimed to have been caused directly or
indirectly by the installation, operation, failure to operate, maintenance,
presence, condition, location, use or removal of any Company or Subscriber
equipment or facilities or service provided by the Company.
(F) The Company assumes no responsibility for the availability or performance
of any cable or satellite systems or related facilities under the control
of other entities, or for other facilities provided by other entities
used for service to the Subscriber, even if the Company has acted as the
Subscriber's agent in arranging for such facilities or services. Such
facilities are provided subject to such degree of protection or non-preemptibility
as may be provided by the other entities.
(G) Any claim of whatever nature against the Company shall be deemed conclusively
to have been waived unless presented in writing to the Company within
thirty (30) days after the date of the occurrence that gave rise to the
claim.
(H) THE COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED
EITHER IN FACT OR BY OPERATION OF LAW, STATUTORY OR OTHERWISE, INCLUDING
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE, EXCEPT
THOSE EXPRESSLY SET FORTH HEREIN.
2.1.4 Indemnification: The Company shall be indemnified and saved harmless
by the Subscriber from and against all loss, liability, damage and expense,
including reasonable counsel fees, due to claims for libel, slander, or
infringement of copyright in connection with the material transmitted
over the Company's facilities; any claim resulting from a violation of
these Terms and Conditions; and any other claim resulting from any act
or omission of the Subscriber or patron(s) of the Subscriber relating
to the use of the Company's facilities. Except to the extent as may be
specifically required by law enforcement officials, the Company assumes
no responsibility to undertake to monitor the content of information transmitted
over the services provided.
2.1.5 Provision of Equipment and Facilities
(A) Except as otherwise indicated, Subscriber-provided station equipment
at the Subscriber's premises for use in connection with services provided
by the Company shall be so constructed, maintained and operated as to
work satisfactorily with the facilities and operations of the Company.
(B) The Company shall not be responsible for the installation, operation
or maintenance of any Subscriber-provided communications equipment. Regardless
of whether such equipment is connected to service furnished by the Company,
the responsibility of the Company shall be limited to the furnishing of
services under these Terms and Conditions and to the maintenance and operation
of such services in the proper manner. Subject to this responsibility,
the Company shall not be responsible for:
(1) the through transmission of signals generated by Subscriber-provided
equipment or for the quality of, or defects in, such transmission; or
(2) the reception of signals by Subscriber-provided equipment; or (3)
network control signaling where such signaling is performed by Subscriber-provided
network control signaling equipment.
2.1.6 Calculation of Usage Rates: Billing for calls placed over the Company's
network is based on the duration of the call. Timing begins when the called
station is answered, as determined by standard industry methods generally
in use for ascertaining answer, including hardware answer supervision
in which the local telephone company sends a signal to the switch. A call
is terminated when either party (called or calling) hangs up.
2.1.7 Cancellation or Interruption of Services: Service may be discontinued
or temporarily suspended by the Company, without notice to the Subscriber
or Users, including by blocking traffic to certain cities or NXX exchanges,
or by blocking calls using certain Authorization Codes, when the Company,
in its sole discretion, deems it necessary to take such action to prevent
unlawful use of its service or where fraud or other improper use of the
services are suspected. The Company will restore service as soon as it
can be provided without undue risk.
2.1.8 Application of Credits for Interruptions of Service: Credits for
interruptions of service, for which charges are specified on the basis
of per minute of use and determined on a case-by-case basis, shall in
no event exceed an amount equal to the initial period charge provided
for under these Terms and Conditions.
2.2 Limitations on Use of Service
2.2.1 Services provided by the Company under these Terms and Conditions
may be used only for lawful purposes consistent with the transmission
and switching parameters of the telecommunications facilities utilized
in the provision of services.
2.2.2 The use of the Company's services to make calls which might reasonably
be expected to frighten, abuse, torment, or harass another or in such
a way as to unreasonably interfere with use by others is prohibited.
2.2.3 The use of the Company's services without payment for service or
attempting to avoid payment for service by fraudulent means or devices,
schemes, false or invalid numbers, or false calling or credit cards is
prohibited.
2.2.4 The Company's services are available for use twenty-four hours per
day, seven days per week.
2.3 Payment Arrangements
2.3.1 Payment for Service
(A) The Subscriber is responsible for payment of all charges for facilities
and services furnished by the Company, whether or not the User was authorized
by Subscriber to utilize the services.
(B) Bills are due and payable upon receipt. If the Subscriber's net bill
is not paid (payment received by the Company) within thirty (30) days
after the invoice date listed on the bill it shall become a delinquent
bill and will be subject to late payment charge not to exceed 1.5% per
month (or the maximum rate allowed by law). If the Company initiates legal
proceedings to collect any amount due hereunder and the Company substantially
prevails in such proceedings then the defendant Subscriber shall pay the
reasonable attorneys' fees and costs of the Company in prosecuting such
proceedings and appeals there from. If a local telephone company or other
entity bills you for the Services on our behalf, that company's charges
and policy will apply.
2.3.2 Discontinuance of Service for Non-Payment: Without incurring liability,
the Company may discontinue the provision of service to a Subscriber or
to a particular Subscriber location, or may withhold the provision of
ordered or contracted services for nonpayment of any sum due the Company
for more than thirty days after issuance of the bill for the amount due.
2.3.3 Discontinuance of Service Denial of Service Without Notice: The
Company may discontinue Service (or refuse to provide additional Service)
without notice for any of the following reasons:
A. Adverse Effect on Service. Use of equipment in such a manner as to
adversely affect the Company’s equipment or the Company’s service
to others.
B. Tampering With Company Property. Users tampering with equipment furnished
or owned by the Company.
C. Unauthorized Use of Service. The unauthorized use of service by any
method which causes hazardous signals over the Company’s network.
D. Illegal use of Service. Use of service or equipment in a manner that
violates the law.
E. For violation or non-compliance with these Terms and Conditions or
for failure of the Subscriber to fulfill contractual obligations for service
or facilities.
F. Subscriber provides inaccurate, false and/or otherwise misleading information
in its application for Service.
G. By reason of any order or decision of a court, public service commission
or federal regulatory body or other governing authority prohibiting the
Company from furnishing its services.
2.3.4 For any check or bank draft returned due to insufficient funds,
uncollected funds, or closed account; and the Company bills you for services,
the Company will assess an additional charge of $25.00. If a local telephone
company or other entity bills you for the Services on our behalf, that
company's returned check charge and policy will apply. When payment is
made by credit card, payment will also be subject to terms and conditions
required by the credit card issuer.
2.4 Taxes and Fees. Unless otherwise specifically agreed in writing or
stated, the Company's rates quoted do not include federal excise taxes,
and state and local sales, use, and similar taxes or federal or state
universal service fund, telecommunications relay service or other government
imposed fees. Subscriber is responsible for payment of these taxes, which
are billed as separate line items. In addition, all services billed to
a Subscriber location in any state that imposes a gross receipts or similar
tax upon the Company with respect to such interstate services will be
subject to a surcharge in the amount of such tax.
2.5 Service Period. Except as otherwise provided, the minimum period of
service is one month for all services furnished. The Company may require
a minimum contact period longer than one month in conjunction with non-standard
types of service offerings, individual contact basis arrangements or as
may be otherwise agreed.
3. MISCELLANEOUS
3.1 Overcharge/Undercharge: When Subscriber has been overcharged, the
amount shall be refunded or credited to the Subscriber. The Company may
bill Subscriber retroactively for charges owed by the Subscriber pursuant
to these Terms and Conditions.
3.2 Transfer and Assignment: Subscriber may not transfer, assign or delegate
any right or obligation with respect to the services, and any attempted
transfer, assignment or delegation shall be void and no effect unless
the Company has given express written consent, which shall not be unreasonably
withheld or unduly delayed. The Company’s rights and obligations
herein may be assigned or delegated without restriction.
3.3 No Title and Return of Equipment: In connection with certain Services
furnished hereunder, the Company may install and maintain a network gateway
device or other equipment on the Customer’s premises (“Equipment.”)
Such equipment shall at all times remain the property of the Company,
and any installation on the Customer’s premises shall not serve to
create any title, interest or ownership by the Customer of such Equipment.
Upon termination of the Service, Customer will provide the Company with
reasonable access to Customer’s premises for purposes of removing
any Equipment. If Customer fails to return the Company’s Equipment,
or if the Equipment is returned in a condition that is worse than could
be expected through normal use and wear, then, in such event, Customer
will be liable to the Company for the then current replacement cost of
the Equipment.
3.4 Other Provisions
3.4.1 The parties agree that the agreement between them shall be governed
by and construed in accordance with the laws of the State of New Hampshire,
without regard to its choice of laws provisions, and the venue of any
legal action by either party shall be in New Hampshire. That State of
New Hampshire shall have personal jurisdiction over the parties for all
matters arising from or related to the agreement between Subscriber and
the Company.
3.4.2 Individual Contract Basis (ICB) Arrangements: The Company reserves
the right to develop new rate arrangements on an individual contract basis
in response to a bona fide request from a Subscriber or prospective Subscriber
for service which vary from those described herein. ICB rates offered
to Subscribers will be made available to similarly situated Subscribers.
3.4.3 Failure by either party to insist upon strict compliance by the
other with any term or condition of the agreement between them shall not
be construed as waiver of any subsequent breach.
3.4.4. Each provision of the agreement between Subscriber and the Company
is severable from the whole, and if any one provision is declared invalid
or unenforceable, the other provisions shall remain in full force and
effect.
3.4.5. Deviations from these Terms and Conditions shall be valid only
when made by written instrument, executed by both parties’ authorized
representatives.
Federal Universal Service Charges
The Federal Universal Service Charge (FUSC) was developed by the federal government to help fund national programs to support universal telephone service. The FUSC assists with the costs of providing affordable services to low-income individuals and to residents in rural high-cost areas.
Congress has expanded this program to help schools, libraries and rural
health care providers obtain services, such as Internet access. All providers
of telecommunications services contribute to the support of these programs.
The customer will be assessed a monthly FUSC on all interstate and international
services to cover Union Long Distance's costs of supporting universal
service.
