|
|
Terms and Conditions for Interstate and
International
Long Distance Service
The Company provides service to you, subject to the following
terms and conditions, which terms and conditions may be updated
by the Company from time to time without further notice to you.
You may review the most current version of the terms and conditions
of service at any time on our website at : www.sentco.net.
USE OR CONTINUED USE OF THE COMPANY'S
LONG DISTANCE SERVICE OFFERINGS CONSTITUTES YOUR ACCEPTANCE OF
THESE RATES, TERMS, AND CONDITIONS.
As used herein, "Company" means Southeast
Nebraska Telephone Company, and "you," "your" or "customer" refers
to the individual or entity using or paying for the Service. "Service" shall
mean long distance services between points within the United States
and international long distance services between points within the
United States and other countries.
1. AVAILABILTIY OF SERVICE. The Company's obligation
to furnish Service is dependent upon its ability to secure and retain,
without unreasonable expense, suitable facilities and rights for
such facilities.
2. 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.
3. RATES AND CHANGES IN RATES, TERMS AND CONDITIONS. Current
rates, terms and conditions may be found on the Company's website (www.sentco.net),
and at the Company's business office, 110 West 17th Street, Falls
City, Nebraska 68355. The Company reserves the right to make price
changes for Service or changes in these terms and conditions upon
providing ten (10) days' advance notice. 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 13 below prior to the effective date of the change.
4. LIMITATION OF LIABILITY OF THE COMPANY. The liability
of the Company, if any, for interruption, delays or failures in transmission
("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 after the Company is notifed
of the Service Problem. The Company may 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 conjuction 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, directive or order to request of any federal
or state governmental authority or agency having jurisdiction over
the Company. Under no circumstance whatsoever will the Company or
its officers, agents or employees be liable for any indirect, incidental,
special, punitive, exemplary or consequential damages.
5. 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 damages.
6. 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 SERVICE, AND EXPRESSLY DISCLAIMS ANY IMPLIED
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
7. PAYMENT. Once Service 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 15th day of the month following
the bill issuance date and are payable at the Company's office as
designated on the bill. You are responsible to pay all of the company's
costs of collection, including bank charges and reasonable attorneys'
fees.
8. CALCUALTION OF USAGE. Charges for usage-based Service
offered by the Company begin when the connection is established.
Charges are assessed in increments of one minute, with additional
seconds rounded up.
9. TAXES, FEES AND SURCHARGES. In addition to the charges
for 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.
10. 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 that 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 are required to pay such amount within
ten (10) days thereafter, and if you fail to pay this amount, 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. In addition, any payments you withhold pending
resolution of the dispute may be subject to a late payment fee for
the period during which such charges remain unpaid.
11. BILLING ENTITY CONDITIONS. When credit card companies
or others perform billing for the Company's Service, the payment
conditions and regulations of such companies apply, including any
applicable interest and/or late payment charges.
12. TERMINATION OF SERVICE BY THE CUSTOMER. Upon providing
the Company adequate information as to your identity, you may terminate
Service by notifiying the Company. All amounts due under the terms
and conditions of the Service plan selected are immediately due and
payable.
13. 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) nonpayment
of any sum due for Service where your charges remain unpaid more
than seven (7) days following written notice of nonpayment from the
Company that has been mailed, postage prepaid, to your last known
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 term 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; or (d) where the Company
reasonably deems partial or complete termination of Service is necessary
to prevent unlawful use of its Service. In the 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. If you seek reinstitution 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 reinstituted:
(a) all accrued and unpaid charges.
14. 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 identified noncompliance or improper equipment or facilities
is corrected.
15. NO WAIVER. Any waiver by the Company of a breach
of any provision of any requirement shall not operate as, or be
construed as, a waiver of any subsequent breach of that or any
other provision of these terms and conditions, and your obligations
with respect thereto shall continue in full force and effect. Failure
by the Company to notify you of any act or failure to act or to
declare you in default, irrespective of how long such failure continues,
shall not constitute a waiver of any rights hereunder.
12/05
|
|