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|Terms & Conditions - Long Distance|
South Central Long Distance Terms and Conditions of Service
South Central Long Distance ("SCLD") is a carrier providing intrastate (state tariff with Ky PSC on file), interstate and international communications services to Customers for their direct transmission of voice, data and other types of telecommunications. You can review the SCLD prices, charges, terms and conditions governing your services at the business office of SCLD at 1399 Happy Valley Rd, Glasgow, Ky. or on the South Central Long Distance web pages at www.scrtc.com .
The services are provided subject to the availability of facilities and the other provisions of this document.
SCLD does not undertake to transmit communications or messages, but rather furnishes facilities, service and equipment for such transmissions by the Customer.
SCLD retains the right to deny or terminate Service to any Customer who fails to comply with the rules and conditions of this Document, or other applicable rules, regulations or laws.
All Customers assume general responsibilities in connection with the provision and use of SCLD's Services. General responsibilities are described in this section. When facilities, equipment, and/or communication systems provided by others are connected to SCLD's facilities, the Customer assumes the additional responsibilities as set forth here.
The Customer is responsible for the payment of all charges for any and all Services or facilities provided by SCLD to the Customer.
The Customer shall indemnify and save harmless SCLD from and against all loss, liability, damage and expense, including reasonable counsel fees, due to claims for libel, slander, or infringement of copyright or trademark in connection with any material transmitted by the Customer using SCLD's Services; and any other claim resulting from any act or omission of the Customer to the use of SCLD's facilities.
The Customer shall reimburse SCLD for damages to SCLD's facilities caused by any negligence or willful act or acts on the part of the Customer.
In the event a suit is brought by SCLD, or an attorney is retained by SCLD to collect any bill or enforce the terms of this Document against a Customer, that Customer shall be responsible for payment of all reasonable attorney's fees, court costs, costs of investigation and any and all other related costs and expenses incurred by SCLD in connection therewith.
The Customer understands that the Services are furnished subject to the condition that there will be no abuse, fraudulent and/or illegal use thereof. Such activity includes, but is not limited to:
Liabilities of SCLD
Except as stated in this section, SCLD shall have no liability for damages of any kind arising out of or related to events, acts, rights or privileges contemplated through acceptance of the service.
The liability of SCLD for damages resulting in whole or in part from or arising in connection with the furnishing of Service under this Document, including, but not limited to, mistakes, omissions, interruptions, delays, errors or other defects or misrepresentations shall not exceed an amount equal to the charges under this Document applicable to the specific call (or portion thereof) that was affected. No other liability shall attach to SCLD.
SCLD shall not be liable for any failure of performance hereunder due to causes beyond its control, including, but not limited to: (1) acts of God, fires, flood or other catastrophes; (2) any law, order, regulation, directive, action or request of the United States Government, or any other government, including state and local governments having jurisdiction over SCLD, or of any department, agency, commission, bureau, corporation or other instrumentality of any one or more of said governments, or of any civil or military authority; or (3) national emergencies, insurrections, riots, wars or other labor difficulties.
SCLD shall not be liable for any act or omission of any other entity furnishing facilities, equipment, or services used by a Customer, with SCLD's Services. In addition, SCLD shall not be liable for any damages or losses due to the failure or negligence of any Customer or due to the failure of Customer Provided Equipment, facilities or services.
Charges and Payments for Services or Facilities
SCLD may, in order to safeguard its interests, require Customer to make a suitable deposit as a guarantee of the payment of charges.
Any deposit as referred to in this Section shall be held by SCLD to secure the payment of the Customer's bill. At SCLD's option, the deposit may be refunded or credited to the Customer at any time prior to the termination of Service.
The fact that a deposit is made does not relieve the Customer from making advance payments or from complying with SCLD's regulations for the payment of bills in accordance with the terms herein and does not constitute a waiver or modification of the regulations of SCLD providing for the discontinuance of Service for nonpayment of any sums due SCLD for Service rendered.
Upon termination of Service any remaining deposit amounts will be credited to the Customer's account and any credit balance will be refunded after all amounts due SCLD have been paid.
Service is provided and billed on a monthly basis. Service continues to be provided and billed on a monthly basis until cancelled by the Customer through notice given to SCLD.
When a Local Exchange Carrier (LEC) performs billing functions, commercial credit card company or others, the payment conditions and requirements of such companies apply, including any applicable interest.
In the event a Local Exchange Carrier (LEC), commercial credit card company or others ceases efforts to collect any amounts associated with SCLD's charges, SCLD may bill the Customer or the called party directly, and may utilize its own billing and collection procedures which shall be consistent with all applicable statutes, rules and regulations.
In addition to all recurring, non-recurring, minimum, usage, surcharges or special charges, the Customer identified in this Document shall also be responsible for and shall pay all applicable federal, state and local taxes or surcharges, including sales, use, excise, gross earnings, and gross income taxes. All such taxes shall be separately shown and charged on bills rendered by Company or its billing agent pursuant to applicable rules or laws. Sales and use taxes shall be applied to all charges and shall also be applied to all applicable gross earnings, gross revenue and gross income taxes.
Payment will be due as specified on the Customer bill. Commencing after that due date, a late charge of up to the highest interest rate allowable by law will be applied to all amounts past due.
Collection procedures and the requirement for a deposit are unaffected by the application of a late payment charge. The late payment charge does not apply to unpaid balances associated with disputed amounts. Undisputed amounts on the same bill are subject to the late payment charge if unpaid and carried forward to the next bill.
Service may be denied or discontinued at SCLD's discretion for nonpayment of amounts due SCLD past the due date as specified in here. Restoration of Service will be subject to all applicable installation charges.
In cases where SCLD issues direct bills to Customers, and payment by check is returned for insufficient funds, or is otherwise not processed for payment, there will be a charge of $20.00 or the maximum amount allowed by law. Such charge will be applicable on each occasion when a check is returned or not processed.
In the event of nonpayment of any bill rendered or any required deposit, SCLD may, after written notice, suspend Service to the Customer.
Credit for failure of Service will be allowed only when failure is caused by or occurs in SCLD's facilities or equipment owned, provided and billed for by SCLD.
Credit allowances for failure of Service or equipment starts when the Customer notifies SCLD of the failure and ceases when the operation has been restored and an attempt has been made to notify the Customer by SCLD.
Only those portions of the Service or equipment operation disabled will be credited.