Effective July 31, 2001, Advanced Tel, Inc. and TLX
Communications, Inc. (the "Company") will
provide interstate long distance services ("Service")
between points within the United States at the rates,
and under the terms and conditions stated herein,
as the rates, terms and conditions may be modified
from time to time. 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.
- 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.
- 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.
- RATES AND CHANGES IN RATES,
TERMS AND CONDITIONS. Current rates are found here. The Company reserves
the right to make price changes for Service or changes
in these terms and conditions upon providing five
(5) days advance notice, unless additional notice
is required by law. 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
14 below prior to the effective date of the change.
The Company maintains updated rates, terms and conditions
at its business office at 913 South Burnside Avenue,
Gonzales, LA 70737 and on its website at www.eatel.com.
- 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, of directive ordered by
any 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.
- 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
- 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.
- PAYMENT. You will
provide the Company with your name, 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
is activated, you are responsible for paying all charges
associated with the Service. Monthly Service charges
are billed in advance and usage charges are billed
in arrears. All bills from the Company are due by
the 20th day after the bill date and are payable as
designated on the bill. The Company may apply a late
fee of the lesser of five percent (5%) 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 attorney fees.
- CALCULATION OF USAGE.
Charges for usage-based Service offered by the Company
begin when the connection is established. Charges
are assessed in whole minute increments, unless otherwise
noted in the description of rate plans currently offered
at EATEL Residential Long Distance Rates and Associated Charges.
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 commencement time of the
- 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.
- 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 non-disputed 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 five (5) 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 five percent (5%) per month on the
highest rate allowed by law for the period during
which such charges remain unpaid.
- BILLING ENTITY CONDITIONS.
When billing for the Company's Service 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.
- DEPOSITS AND ADVANCE
PAYMENT. 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
fifty percent (50%), the Company may also require
a deposit or additional deposit.
will return your deposit as follows: (a) when an application
for Service has been canceled 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 thirty (30) 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 twelve (12) 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
of this contract or from making payments when due.
- 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.
- 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) non-payment of any sum due for Service where your
charges remain unpaid more than five (5) days following
written notice of non-payment from the Company mailed,
postage prepaid, to your last know 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 terms 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 five (5) days of demand
by the Company; or (e) where the Company reasonably
deems partial or complete termination of Service is
necessary to prevent unlawful of its Service.
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
re-institution 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 reinstated:
(a) all accrued and unpaid charges; and (b) a deposit.
- 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
non-compliance or improper equipment or facilities
identified is corrected.
- 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.
- SUSPENSION OF SERVICE. In the event that an account has not had any long distance usage for twelve (12) consecutive months, EATEL reserves the right to suspend such account. Customer shall have the right to reactivate such account within thirty (30) days upon notice to Company and acceptance by Company.