Terms and Conditions for InterLATA Long Distance Service FOLLOWING ARE SELECTED SECTIONS OF THE TERMS AND CONDITIONS THAT GOVERN GREAT PLAINS COMMUNICATIONS LONG DISTANCE (THE "COMPANY") PROVISION OF INTERLATA LONG DISTANCE SERVICE (THE "SERVICE") TO YOU. A COMPLETE COPY OF THE TERMS AND CONDITIONS OF SERVICE IS AVAILABLE FOR YOUR REVIEW AT THE COMPANY'S OFFICES LOCATED AT 1600 GREAT PLAINS CENTRE IN BLAIR, NEBRASKA AND ON THE COMPANY'S WEBSITE LOCATED AT www.gpcom.com. BY YOUR SIGNATURE ON THE LETTER OF AUTHORIZATION, YOU ARE AGREEING TO BE BOUND BY THE TERMS AND CONDITIONS.
1. 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 date stated on the bill and are payable at the Company's office as designated on the bill. The Company may apply a late fee of the lesser of one percent (1%) per month or the maximum rate permitted by law to each of your bills not paid by the due date.
2. Calculation 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. 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 portion of your call that occurs within each rate period. 3. Terms and Conditions, and Changes. The Company maintains the Terms and Conditions of Service, including the current rates, in its office located at 1600 Great Plains Centre, Blair, NE 68008 and on its website at www.gpcom.com. The Company reserves the right to make rate changes for the Service or other changes in these Terms and Conditions of Service upon providing ten (10) days advance notice to you. The Company may provide such notice by any reasonable means, including a bill insert or a bill message. You agree that you will be bound by any change in the Terms and Conditions of Services unless you cancel your Service as provided in paragraph 7 below prior to the effective date of the change.
4. Liability of the Company. The liability of the Company, if any, for interruption, delays, or failures in transmissions ("Service Problems"), caused by acts of the company other than willful misconduct, 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 is otherwise unwarranted or insufficient. UNDER NO CIRCUMSTANCES WHATSOEVER WILL THE COMPANY OR ITS OFFICERS, AGENTS, OR EMPLOYEES BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES.
5. 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.
6. Indemnity. You agree to indemnify and hold the Company harmless from 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.
7. Termination of Service. 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. The Company may immediately terminate or withhold Service from you without incurring any liability whatsoever for the reasons set forth in the Terms and Conditions available at the Company's office and on the Company's website.
TERMS AND CONDITIONS FOR CALLING CARDS
The retention or use of the Company's Calling Card is evidence of your acceptance of the following Agreement:
1. To assume responsibility for all charges incurred on the basis of the authorized use (any unauthorized use before notification to the Company up to a maximum of $50) of the Card.
2. To pay for all charges for which responsibility is assumed under paragraph 1. above in accordance with the monthly statement rendered by Company for service and subject to the provisions of applicable Tariffs and rules of regulatory agencies.
3. That Company may cancel your Card at any time, with or without cause, and without giving you notice.
4. That if company revokes your Card or it expires, you must return it to Company if so requested. You must not use the Card after it has expired or after it has been revoked or after the service to which the Card is billed has been discontinued.
5. That Company may amend or cancel this Agreement by giving notice to you as required by law or by your written agreement to any amendment.
6. That you may be liable for the unauthorized use of your Card. You will not be liable for any unauthorized use that occurs after you notify the Company in writing or by contacting the Company orally, of the loss, theft, or possible unauthorized use. In any case, your liability will not exceed $50 or such lesser amount as may be prescribed by state law. You agree to notify the company, in any event, at once if the Card is lost or stolen, or you suspect it is being used without your permission.
7. The Card shall remain the property of the Company and is not assignable or transferable.
8. If your telephone number to which the Card is billed is changed or service is discontinued, you will destroy your old Card.
9. If any provision of this Agreement is or becomes unlawful, the remaining provisions shall not be affected and the unlawful provision shall be deemed modified so as to conform to the existing law. The terms and conditions governing the Company's provision of intrastate long distance service by the Company are provided in the Company's Tariff on file with the Nebraska Public Service Commission. |