Customers have 30 days to dispute charges appearing on their bill. After 30 days the account shall be deemed correct and binding upon the customer. Bills are due and payable as of the bill date and are considered Past Due if not paid within 15 days after the billing date. If payment is not received within 25 days of the bill date, a late payment charge of 1% will be applied to the account. Failure to pay Regulated Local Service charges will result in the disconnection of Regulated Local Phone Service. Customers denying Long Distance Toll or Non-Regulated Local Service charges must do so either verbally or in writing to Lexcom in order to retain their Regulated Local Service; however, Lexcom reserves the right to seek court judgment for these unpaid past due charges as well as discontinue or block the customer’s ability to use these services.
Responsibility of the Customer:
The customer is responsible for payment of charges for calls originated at the customer’s premises, which are not collect, third party, calling card or credit card calls.
The customer is responsible for charges incurred for special construction and/or special facilities, which the customer requests and which are ordered by Lexcom Long Distance on the customer’s behalf.
Cancellation or Interruption of Service:
Without incurring liability, Lexcom Long Distance may discontinue services to a customer or to a particular customer location, or may withhold the provision of ordered or contracted services under the following conditions:
(1) For nonpayment of any sum due
Lexcom Long Distance for more than thirty days after
issuance of the
bill for the amount due;
(2) For violation of any of the provisions, terms or conditions.
(3) For violation of any law, rule, regulation, or policy of any governing authority
having jurisdiction of
Lexcom Long
Distance’s services; or
(4) By reason of any order or decision of a court having competent jurisdiction,
public service commission or
federal regulatory body or
other governing authority prohibiting Lexcom Long Distance from furnishing
its services.
Without incurring liability, Lexcom Long Distance may interrupt the provision of services at any time in order to perform test(s) and inspections to assure compliance with regulations and the proper installation and operation of customer and Lexcom Long Distance’s equipment and facilities and may continue such interruption until any items of noncompliance or improper equipment operation so identified are rectified.
Service may be discontinued by Lexcom Long Distance without notice to the customer, by blocking traffic to certain areas, or by blocking calls using certain Customer Authorization Codes, when Lexcom Long Distance deems it necessary to take action to prevent unlawful use of its service. Lexcom Long Distance may restore service as soon as it can be provided without undue risk.
If, for any reason, service is interrupted, the customer will only be charged for the service that was actually used.
Payment for Services:
The customer is responsible for payment of all charges for services, including charges for services originated or charges accepted at the customers’ service point.
Charges for third party calls which are charged to a domestic telephone number will be included on the Billed Party’s local exchange telephone company bill pursuant to billing and collection agreements established by Lexcom Long Distance or its intermediary with the applicable telephone company.
Charges for credit card calls will be included on the
Billed Party’s regular
monthly statement from the
card-issuing company.
For Room Charge Calls, when requested by the Authorized User, and authorized by the Aggregator, the charges will be proved to the Aggregator for inclusion on the hotel, motel or hospital bill of the Authorized User. In such cases, Lexcom Long Distance will provide a record of the call detail and charges to the hotel, motel or hospital for such billing purposes. The Aggregator is solely responsible for the collection of Room Charges from its guests, and remains liable to Lexcom Long Distance for all Room Charge calls regardless of whether such charges were in fact collected from the Authorized User.
Any applicable federal, state, or local use, sales, or privilege taxes or similar liabilities chargeable to or against the Company as a result of the provision of the Company’s services hereunder to customer shall be charged to any payable by customer in addition to the rates indicated above for Network Services.
The Customer shall remit payment of all charges in the return envelope supplied with the bill or to any agency authorized by the Company to receive such payment.
If the bill is not paid within thirty calendar days following the mailing of the bill, the account will be considered delinquent.
A delinquent account may subject the customer’s service to temporary disconnection. The Company is responsible for notifying the customer at least five days before service is disconnected.
Failure to receive a bill will not exempt a customer from prompt payment of any sum or sums due the Company.
In the event the Company must employ the services of attorneys for collection of charges due under these terms and conditions or any contract for special services, customer shall be liable for all costs of collection including reasonable attorney’s fees.
Deposits:
The Company or its agent may require an applicant or a present customer to post a deposit not to exceed the established amount of the total charges for service and facilities for an average period of two months, such deposit to be held by the Company or its agent as guarantee of payment.
An applicant for service, or a present customer, may satisfy a deposit requirement by providing a Contract of Guaranty in an amount not less than the requested deposit from a present customer acceptable to the Company or its agent. The Guaranty Contract shall be on a form provided by the Company or its agent which shall include the Company’s and/or agent’s right to transfer charges to the limit of the guaranty, from a defaulted bill of the customer, from whom a deposit or Contract of Guaranty was required, to the guarantor’s account or accounts and the further right to suspend the guarantor’s service.
The fact that a deposit has been made, or a guaranty provided, shall in no way relieve the customer from complying with the Company’s and/or its agent’s regulations as to the prompt payment of bills, nor constitute a waiver or modification of the regular practices of the Company or its Agent providing the temporary suspension of the service contract for nonpayment of bills.
The amount of the deposit may be refunded at any time at the option of the Company or it will be refunded at the termination of the service after all outstanding fees/charges have been paid in full by the customer.
A deposit will accrue interest at a rate not to exceed eight (8) percent per annum.
Denial of Access to Network Services:
The Company expressly retains the right to immediately deny the access to service without incurring any liability for any of the following reasons:
(a) Nonpayment of any sum due for service provided hereunder, where customers charges
remain unpaid
more than ten (10)
days following notice of nonpayment from the Company. Notice shall be deemed to
be
effective upon mailing of written
notice, postage prepaid to customer’s last know address;
(b) Customer’s acts or omissions which constitute a violation of, or a failure to
comply with, any regulation
stated in these
terms and conditions governing the furnishing of service, but which violation or failure
to
comply does not constitute a material
breach or does not pose any actual or threatened interference to
Lexcom Long Distance or
its furnishing of services. The Company agrees to give customer ten (10)
days notice of such violation or failure to
comply prior to service; or
(c) The implementation of any order of a court of competent jurisdiction, or federal or
state regulatory authority
of competent
jurisdiction, prohibiting the Company from furnishing such service; or
(d) Where customer has failed or neglected to tender any additional or required security
deposit within ten
(10) days of
demand by the Company.
Customer’s Liability in the Event of Denial of Access to Service by the Company:
In the event customer’s service is disconnected by the Company for any of the reasons stated above, customer shall be liable for all unpaid charges due and owing to the Company associated with the service. Customer’s deposit and accrued interest shall be applied to all cancellation charges applicable to the service offering received by customer.
Reinstitution of Service:
If customer seeks reinstitution of service following denial of service by the Company, customer shall pay to the Company prior to the time service is reinstituted (1) all accrued and unpaid charges, and (2) a deposit per the terms stated above in order to reinstitute service.
Discontinuation of Service:
The customer’s service shall automatically discontinue upon discontinuation of the customer’s subscription to the Company’s domestic service.
Right to Bill Retroactively for Improper Use of the Company’s Services:
Any person or entity which uses, appropriates or secures the use of services from the Company, whether directly or indirectly, in any unlawful manner or through the providing of any misleading or false information to the Company and which use, appropriation, or securing of services is inconsistent with the stated uses, intents, and purposes of these terms and conditions or any restrictions, conditions, and limitations stated herein, shall be liable for an amount equal to the accrued and unpaid charges that would have been applicable to the use of the Company’s services actually made by customer.