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TELECOMMUNICATIONS SERVICE AGREEMENT GENERAL TERMS AND CONDITIONS
<br /> McLeodUSA Telecommunications Services, Inc., ( "McLeodUSA ") shall provide and any installation charges waived from the initial upgrade, and discounts or credits
<br /> the named customer ("CUSTOMER ") desires to purchase front McLeodUSA the through the termination of this Agreement. CUSTOMER agrees that McLeodUSA
<br /> telecommunications services selected in this Agreement and all applicable Addenda damages for early termination would be difficult to determine and the termination
<br /> (collectively "Service ") on these terms and conditions. charge(s) constitutes liquidated damages and is not intended as a penalty. Month -to-
<br /> EFINITIONS/SCOPE. "Full Service" means both Local Exchange and Long month service agreements may be terminated on 30 days written notice to
<br /> nee Services. "Local Exchange Service" is an intrastate, ,nlraLATA, local McLeodUSA. In all cases where this agreement is terminated, the CUSTOMER
<br /> range telecommunications service which includes: 1) transport ofCUSTOM6R,> agrees that the CUSTOMER's telephone number(s) in service with McLeodUSA will
<br /> business cornnulnications between the Standard Network Interlace ( "SNI") at not be released to another service provider until all charges Owing 10 McLeodUSA are
<br /> CUSTOMER's location(s) covered by this Agreement and the serving central office; paid.
<br /> 2) use of related Service features: and 3) exchange network access. Infral.,AT:\ refers o. MOST FAVORED CUSTOMER. In the event voice products and services That arc
<br /> to calls originating and terminating in the same ).oval Access 1 ransport .Area. The currently purchased by Customer from McLeodUSA under this Agreement, or IiLm its
<br /> SNI is the location where McLeodlISA's nenvurk facilities end and CUSTOMERs affiliates with similar terms and conditions become generally availahle from a
<br /> inside wire or network begins. This agreement pros ides rate stability for Local Lines, competitor alter the term agreement is initiated. as &1e lenw red by ibfc1 codl :SA,
<br /> digital facility interlaces, and Domestic Lung Distance sun ice. "Long Distance" Mc1.codI JSA ma) elect to match the competitor's offer, ur t ansit onCUSl)Nl1'R to a
<br /> serctcc is Cunyvrsnl u{ Out- bound. inbound ( ll -lice 1 and :annul an services. better AC 1 codl:SA product or sere ice pent rded the customer signs an addendum for a
<br /> Mc LC0(11. is ;' provides Scnice in accordance with the applicable 1ariff and or term equal to or greater than the lull term of the Cullen: agreenur :. If Ste L c , 11;s:x is
<br /> cataluguerprice list for the state or federal jurisdiction in which Service is provided, unable to match or transition CUSTOMER to a better McLeodUSA product or service.
<br /> which are incorporated into this Agreement by this reference. (Certain states may not McLeodUSA will release CUSTOMER from this agreement without any termination
<br /> require the filing or approval of such a price list web a regulatory agency.) charge. If CUSTOMER's business requires fewer lines during the term of this
<br /> Agreement, the number of lines may be reduced without liability. unless local line
<br /> 2. TERM. The tern of this Agreement shall commence on the service activation
<br /> date, and will remain in effect for the temp. Tent plans automatically renew for service for such lines is re- established with another provider, or the line reduction is
<br /> successive terms equal in length to the tenor in place at the time of expiration, unless made for the purpose of reducing temmina[i0n liability.
<br /> McLeodUSA or customer provides written notice of termination at least 30 days prior 7. SERVICE SUSPENSION /MAINTENANCE. McLeodUSA may from time to
<br /> to the end of the eunent term or the business is domiciled in Illinois or Michigan. time suspend Service for routine maintenance or rearrangement for a short period of
<br /> McLeodUSA reserves the right to cancel Service in accordance with its cancellation time. Whenever possible McLeodUSA will give CUSTOMER advance notification.
<br /> rights in any applicable Tarilfand or catalogue /price list. CUSTOMERs who decline Any McLeodUSA liability resulting from a Service suspension shall be determined in
<br /> temr plan renewal but retain McLeodUSA service will be convened automatically to accordance with Section R of this Agreement.
<br /> a month to month agreement at the end of the current tern.
<br /> 8, LIMITATION OF LIABILITY. McLEODUSA SHALL NOT BE LIABLE TO
<br /> 3. CHARGES. McL.eodUSA's records shall document CUSTOMER's Service CUSTOMER FOR ANY INCIDENTAL, INDIRECT, SPECIAL, OR
<br /> locationts), quantities, and monthly recurring local rates stabilized under this CONSEQUENTIAL DAMAGES OF ANY KIND INCLUDING BUT NOT LIMITED
<br /> Agreement. as well as the applicable one -time charges for initial installation, TO ANY LOSS OF USE, LOSS OP BUSINESS. OR LOSS OF PROFIT, Any
<br /> discounts or credits, which are incorporated into this Agreement by reference. In McLeodUSA liability to customer for any damages of any kind under this agreement
<br /> addition to the monthly charge(s), the CUSTOMER will pay FCC end user common shall not exceed, in amount, a sum equivalent to the applicable outoI- scrviec credit
<br /> 'Mt charges that would he applicable to comparable service obtained tiom the under the governing Tariff and/or eatatogueiprice list. Remedies under this agreement
<br /> incumbent local exchange carrier, federal, state or local use excise, sales of privilege are exclusive and limited to those expressly described herein. NO ■ARRANTIES.
<br /> - plus any annual or monthly subscription service• charges, as stated in the THERE ARE NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING. 13UT
<br /> ible Tariff and/or catalogue price list for the state nr federal jurisdiction in NOT LIMITED TO. WARRANTIES OF MERCIIA NT -ABILITY OR FITNESS FOR
<br /> _....a Service is provided. McLeodUSA shall not be responsible tar any telephone A PARTICULAR ICUL.AR I'URI OSE. CALLING CARDS. Customer shall remain responsible
<br /> numbers published or distributed by Customer prior to confirmation that the service is tar payment of calling card usage. irrespective of any actual or alleged unauthorized 01
<br /> connected to the proper facilities, or for wrong numbers made to Customer's toll -free fraudulent use. McLeodUSA shall use reasonable efforts to obtain a credit from its
<br /> number. All reasonable costs and expenses, including but not limited to attorneys' carrier for all fraudulent or unauthorized usage McLeodUSA reserves the right to
<br /> fees, expenses. eoun costs and service charges. incurred by McLeodUSA in terminate services for a user who uses the card for unauthorized purposes or otherwise
<br /> collecting payment will be an expense of and charge to CUSTOMER. C'L'STOMER misuses the service, or where in the carrier's judgment there is sufficient risk of
<br /> agrees to pay each bill in full at location specified on invoice by the payment due fraudulent use. REPROGRAMMING. 1C any of CUSTOMER's equipment requires
<br /> date. Late payment charges will be billed at 2'- per month or the maximum lawful modification or reprogramming t0 make it compatible with Mcl_codUS.A provided
<br /> rate allowable under applicable state law, whichever is lower. Service, McLeodUSA shall not be liable for any applicable costs associated with
<br /> A. DIRECTORY LISTING. CUSTOMER's name, address. phone number and any modification or reprogramming charges.
<br /> other information listed on this Agreement is certified as correct by the CUSTOMER. 9. FORCE MAJEURE. If McLeodUSA's performance of any obligation under this
<br /> and it is understood and agreed IhatCUSTOMER's white page directory listing will Agreement is prevented, restricted or interfered with by causes including failure or
<br /> appear using that information. It is CUSTOMER's sole responsibility to inform malfunction of customer - supplied equipment, acts of God, explosions, vandalism, cable
<br /> McLeodUSA in writing of any change in the information, including telephone cut, storms, fires, Floods or other catastrophes, power failure, national emergencies,
<br /> number or address, at least 90 days prior to the local telephone directory issue date, insurrections, riots, wars, strike, lockouts, boycotts, work stoppages or other labor
<br /> which will be provided to CUSTOMER upon request. McLeodUSA assumes no difficulties, or any law, order, regulation or other actions of any governmental authority,
<br /> liability whatsoever for en in the listing and CUSTOMER releases McLeodUSA agency. instrumentality, or of any civil or military authority, then McLeodUSA shall be
<br /> front any damages for any error in the directory listing. excused from such performance on a day -to -day basis to the extent of such restriction or
<br /> S. TERMINATION. Either party may terminate this Agreement for cause if written
<br /> interference. McLeodUSA shall use reasonable efforts under the circumstances to
<br /> notice specifying the cause for termination and requesting correction within thirty (30) avoid or remove such causes of nonperformance with reasonable dispatch.
<br /> Jays is given the other pany and such cause is not corrected within such thirty (30) day 10. GENERAL PROVISIONS. Th is Agreement will not be assignable by
<br /> period. Cause is any matenal breach of the tears of this Agreement. The Agreement CUSTOMER without the express written consent of McLeodUSA. This Agreement
<br /> may also be terminated for cause without notice in accordance with the Tariff on file together with applicable TaritT andlor the current catalogue /price list, constitutes the
<br /> with regulatory authorities. If McLeodUSA terminates this Agreement for cause or entire understanding between CUSTOMER and McLeodUSA with respect to Service
<br /> CUSTOMER terminates this Agreement WITHOUT cause, CUSTOMER shall pay provided herein and supersedes any prior agreements or understandings. This
<br /> early termination charges. If termination is prior to installation of Service and after Agreement may only be amended in writing. If any provision of this Agreement is
<br /> execution of this Agreement, early termination charges shall be those reasonable invalid or unenforceable under applicable law, said pan shall be ineffective to the
<br /> expenses incurred by McLeodUSA through the date of termination. II'after activation extent of such invalidity only. without in any way affecting the remaining pans of said
<br /> of Service. CUSTOMER requests termination of Service or if McLeodUSA terminates provisions of this Agreement, and the parties hereby agree to negotiate with respect to any
<br /> this ' cement for cause, CUSTOMER will pay an early termination chargeof 30% such invalid or unenforceable pan to the extent necessary to render such pan valid and
<br /> of 1 three months average billing multiplied by the number of months remaining enforceable. The parties agree that a digitized (electronic) copy of the executed agreement
<br /> on Agreement, plus actual expenses incurred by McLeodUSA to Initiate service, shall be the same as an original copy. Rev.110299
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