1.1 Application of Rates, Terms & Conditions
- The rates, terms and conditions contained within this document, hereinafter referred to as “Rates, Terms and Conditions,” are applicable to the provision of Interstate Long Distance Service and International Long Distance Service, hereinafter collectively or individually referred to as "Service", by Sandhill Communications, LLC, hereinafter referred to as the "Company", as specified herein. Service is furnished subject to the availability of facilities and subject to transmission, atmospheric and like conditions. By accepting Service from the Company, the Customer accepts these Rates, Terms and Conditions as a binding agreement between the Customer and the Company.
- These Rates, Terms and Conditions are incorporated by reference in the Sandhill Communications, LLC Long Distance Services Agreement (Long Distance Services Agreement). The Long Distance Services Agreement and the Rates, Terms and Conditions together comprise the rates, terms and conditions applicable to provision of Interstate Long Distance Service and International Long Distance Services by the Company. A copy of the Long Distance Service Agreement is attached at the beginning of this Rates, Terms and Conditions Document. In the event there is a conflict between terms and conditions in the Long Distance Services Agreement and terms and conditions in the Rates, Terms and Conditions, the terms and conditions in the Long Distance Services Agreement shall apply.
- The Company may change the Long Distance Services Agreement, including the incorporated Rates, Terms and Conditions, from time to time. Changes in rates, terms and conditions are effective no sooner than 15 days after the Company posts the modifications to the Long Distance Services Agreement or Rates, Terms and Conditions on its web site. The Company will also notify Customers of increases by bill message, bill insert or other reasonable commercial method at least 15 days prior to the effective date for the increases. Advance notice does not apply to increases in taxes and other charges described in Section 2.5(c) of the Rates, Terms and Conditions. The Company may decrease rates and charges without providing advance notice. Use of the company’s services after the 15 day notice period shall be construed as Customer’s consent to the changed rates, terms and conditions of this agreement.
- The provision of such Service by the Company as set forth in these Rates, Terms and Conditions does not constitute a joint undertaking with the Customer for the furnishing of any Service.
- The Rates, Terms and Conditions contained herein are not applicable to Intrastate Long Distance Service. The Company provides Intrastate Long Distance Service under S.C. Tariff No. 1 filed with the South Carolina Public Service Commission. Not withstanding the inapplicability of the Rates, Terms and Conditions to Intrastate Long Distance Service, the rates for certain Intrastate Long Distance Services tariffed in the S.C. Tariff No. 1 may or may not be the same as rates for the corresponding Interstate Long Distance Service under the Rates, Terms and Conditions. The S.C. Tariff No. 1 may be viewed at the Company’s offices.
1.2 Definitions
Certain terms used throughout these Rates, Terms and Conditions are defined as follows:
Access Code
A sequence of numbers that, when dialed, connect the caller to the Provider associated with that sequence.
Application for Service
A standard order form which includes all pertinent billing, technical, and other descriptive information which will enable the Company to provide the Service as required.
Billed Party
The person or entity responsible for payment of the Company's service for an Operator Services Call, as follows:
(1) in the case of a Calling Card or Credit Card call, the holder of the calling card or credit card used by the Customer; and
(2) in the case of a Collect or Third Party call, the person responsible for the local telephone service at the telephone number that agrees to accept charges for the call.
Calling Card Call
A call for which charges are billed, not to the originating telephone number, but to a telephone calling card issued either by a local exchange or long distance telephone company for this purpose.
Calling Card Service
Calling Card Service is a Long Distance Service provided by the Company through use of a Company-issued calling card to make Interstate Long Distance and International Long Distance calling card calls through the use of a specific “1-800” toll free telephone number provided by the Company for access to the calling card service.
Call Splashing
The transfer of a telephone call from one provider of operator services to another such provider in such a manner that the subsequent provider is unable or unwilling to determine the location of the origination of the call and, because of such inability or unwillingness, is prevented from billing the call on the basis of such location.
Collect Call
A call for which charges are billed, not to the originating telephone number, but to the destination or termination telephone number.
Company
Sandhill Communications, LLC, unless the context indicates otherwise.
Conference Bridge Service
Conference Bridge Service is a teleconferencing service that provides for Customer-controlled teleconferencing capability through an assigned toll-free dial-in number. The Customer can establish a teleconference with 2 to 10 conference parties via a touch-tone telephone from any domestic location. This plan has a non-discountable monthly fee per billing account. Full minute billing increments apply.
Customer
Any individual, partnership, association, trust, corporation, cooperative or governmental agency or other entity which utilizes the Services provided by the Company. A Customer, as set forth herein, is responsible for the payment of charges and for compliance with all applicable terms of the Company's Rates, Terms and Conditions.
Customer Dialed Calling Card Call
A Calling Card Call which is dialed by the Customer and may or may not require intervention by an attended operator position to complete.
Customer Provided Equipment
Terminal Equipment or facilities provided by persons other than the Company and connected to the Company's Services and/or facilities.
Domestic
Domestic points include all fifty (50) states and all U.S. territories (the District of Columbia, and U.S. possessions such as Seipan, Puerto Rico, Guam, American Samoa, and the American Virgin Islands) possessions as defined in the Communications Act of 1934, and as amended by the Telecommunications Act of 1996, and as further defined by the Federal Communications Commission in their orders.
Equal Access
Has the meaning given that term in Appendix B of the Modification of Final Judgment entered August 24, 1982, in United States v. Western Electric, Civil Action No. 82-0192 (United States District Court, District of Columbia), as amended by the Court in its orders issued prior to October 17, 1990.
FCC
The Federal Communications Commission.
International Long Distance Service
International Long Distance Service is a Long Distance Service involving a telephone call originating in one country and terminating in another country. International Long Distance Service includes International Operator Service offered by the Company as provided herein.
International Operator Service
International Operator Service is an Operator Service involving a telephone call originating in one country and terminating in another country.
Interstate Long Distance Service
Interstate Long Distance Service is a Long Distance Service involving a telephone call originating in one state and terminating in another state (also referred to as a “state-to-state” call). The term “state” for purposes of Interstate Long Distance Service includes all Domestic points including all 50 states and U.S. territories and possessions. Interstate Long Distance Service includes Interstate Operator Service offered by the Company as provided herein.
Interstate Operator Service
Interstate Operator Service is an Operator Service involving a telephone call originating in one state and terminating in another state. The term “state” for purposes of Interstate Operator Service includes all Domestic points including all 50 states and U.S. territories and possessions.
Intrastate Long Distance Service
Intrastate Long Distance Service is a Long Distance Service involving a telephone call originating and terminating in the same state (also referred to as a “in-state” call). Intrastate Long Distance Service includes intrastate operator service if offered by the Company as provided under the applicable tariff.
Local Exchange Carrier (LEC)
A telephone company which furnishes local exchange services.
Long Distance Service (LDS)
The term "Long Distance Service" denotes the furnishing of station-to-station direct dial interstate and international switched network services to the Customer for the completion of long distance voice and dial up low speed data transmissions over voice grade channel from the Company's Points of Presence to domestic points and international points and Calling Card Services made with the use of a Company issued Calling Card.
Operator Service
An Operator Service is a Long Distance Service provided by the Company that includes, as a component, any automatic or live assistance to a Customer to arrange for billing or completion, or both, of the Long Distance Service.
Person-to-Person Call
A call which is placed under the stipulation that the caller will speak only to a specific called party. Such a call is not completed until either the specific party named by the caller is contacted, or the caller agrees to speak to a different party.
Rates, Terms and Conditions
Rates, Terms and Conditions refers to this document as a whole comprising the rates, terms and conditions applicable to the provision of Services to Customers by the Company.
Service
The offerings of the Company comprising Interstate Long Distance Service and International Long Distance Service.
Telecommunications
The transmission of voice communications or, subject to the transmission capabilities of the service, the transmission of data, facsimile, signaling, metering, or any other form of intelligence.
Third Party Call
A call for which charges are billed, not to the originating telephone number, but to a third party telephone number which is neither the originating nor the terminating telephone number.