Home long distance Services Agreement
This Agreement (“Agreement”) governs the rates,
terms and conditions for provision by Home Long Distance, Inc. (Company) of
interstate and international long distance service (“Service”). Interstate long distance Service is a
service involving a call originating in one state and terminating in another
state (also referred to as a “state-to-state” call). International long distance Service is a service involving a call
originating in one country and terminating in another country. As used in this Agreement, “you” and “your”
refer to the individual or entity using or paying for the Service. This Agreement incorporates by reference the
rates, terms and conditions included in the home Long Distance, Inc. Rates,
Terms and Conditions document. The Home Long Distance Rates, Terms and Conditions Document (“RTC
Document”) is available at the Company’s offices at 579 Stony Landing Rd, Moncks
Corner, SC, 29461 and on Home Long Distance, Inc.’s website at www.hometelco.com.
By accepting Service from the Company you accept the
rates, terms and Conditions included in this agreement and the incorporated rtc
document as a binding agreement between you and the Company.
1. SERVICES. Availability of individual Service offerings of the
Company is described in the RTC Document.
2. RATES. You agree to pay the Company
for the Services at the rates and charges listed in the RTC Document. The Company will apply rates and charges for
Services provided to you as described in the RTC Document.
3. CHANGES IN RATES, TERMS AND CONDITIONS. The Company may change this Agreement, including the
incorporated RTC Document, from time to time.
Changes in rates, terms and conditions are effective no sooner than
fifteen (15) days after the Company posts on its web site modifications to the
RTC Document reflecting the changes.
The Company will also notify you of increases by bill message, bill
insert or other reasonable commercial method at least fifteen (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 5 below. The
Company may decrease rates and charges without providing advance notice. Use of the Company’s service
after the fifteen (15) day notice period shall be construed as your agreement
to the changed rates, terms and conditions.
4. PAYMENTS. You must pay
all bills or invoices from the Company for Services on or before the due
date. Terms and conditions applicable
to payment are contained in the RTC Document.
Terms and conditions contained in the RTC Document applicable to
payments include, but are not limited to, a requirement for payment by you of
late payment charges at the highest interest rate not to exceed the amount
allowable by law.
5. TAXES AND OTHER CHARGES. In
addition to payment for Services, you must pay all taxes, fees, surcharges and
other charges that the Company bills you related to Services. Taxes and surcharges will be in the amounts
that federal, state and local authorities require the Company to bill you. The company will not provide advance notice
of changes to taxes and surcharges, except as required by applicable law.
6. TERMINATION OR DENIAL OF SERVICE BY THE
COMPANY. In the event of nonpayment
of any bill rendered or any required deposit, the Company may, after written
notice, suspend your Service. The
Company may, immediately and without notice to you, and without liability of
any nature, temporarily deny, terminate, or suspend your Service:
a. in the event you or your agent: (i) willfully damage the Company’s equipment, interfere with use
of the Company's Service by other customers of the Company; (ii) unreasonably
place capacity demands upon the Company's facilities or Service; or (iii)
violate any statute or provision of law, or any rule or regulation of any state
or federal regulatory agency relating to communications; or (iv) otherwise fail
to comply with the provisions of this Agreement or applicable law; or
b. in the event you become insolvent, are
the subject of any formal legal proceeding commenced in a court involving a
voluntary or involuntary petition or proceeding in bankruptcy, seek protection
or relief from creditors in a formal legal proceeding after a filing for such
relief, or execute an assignment for the benefit of creditors; or
c. in the event that the Company
determines that any Service is being used fraudulently or illegally, whether by
you or your agent.
7. INDEMNIFICATION. YOU AGREE THAT THE COMPANY SHALL NOT BE
RESPONSIBLE FOR ANY THIRD-PARTY CLAIMS AGAINST THE COMPANY THAT ARISE FROM YOUR
USE OF THE SERVICES. FURTHER, YOU AGREE
TO REIMBURSE THE COMPANY FOR ALL COSTS AND EXPENSES RELATED TO THE DEFENSE OF
ANY SUCH CLAIMS, INCLUDING ATTORNEYS' FEES, UNLESS SUCH CLAIMS ARE BASED ON THE
COMPANY’S WILLFUL MISCONDUCT OR GROSS NEGLIGENCE. THIS PROVISION WILL CONTINUE TO APPLY AFTER THE AGREEMENT ENDS.
8. LIABILITIES OF THE COMPANY. Except
as stated in this Section 8, the Company shall have no liability for damages of
any kind arising out of or related to events, acts, rights or privileges
contemplated in this Agreement.
a. The liability of the
Company for damages resulting in whole or in part from or arising in connection
with the furnishing of Service under this Agreement 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
Agreement applicable to the specific call (or portion thereof) that was
affected. No other liability shall
attach to the Company.
b. The Company 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 the Company, or of any department,
agency, 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.
c. The Company shall not be liable for any act or omission of any other
entity furnishing facilities, equipment, or services used by a Customer, with
the Company's Services. In addition,
the Company 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.
9. WARRANTIES. EXCEPT AS THIS
AGREEMENT EXPRESSLY STATES, THE COMPANY MAKES NO EXPRESS WARRANTY REGARDING THE
SERVICES AND DISCLAIMS ANY IMPLIED WARRANTY, INCLUDING ANY WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
10. BILLING DISPUTES. If you
believe you have been billed by the Company in error, you must contact the
Company within sixty (60) days of the date of the bill which contains the
disputed charge. Refunds or adjustments
will not be issued for any charge that is more than sixty (60) days old at the
time you notify the Company. You may
withhold from payment to the Company the disputed portion of any bill pending
resolution of the dispute. You must pay
all non-disputed charges on the bill by the due date indicated on the
bill. 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 will be required to pay such amount
within fifteen, (15) days thereafter, and if you fail to pay this amount
within the time required, your account will be deemed past due and unpaid and
your Service subject to termination under Section 6 above. Any payments you withhold pending resolution
of the dispute may be subject to a late payment charge at the highest interest rate allowable by law applied to past due
amounts.
11. MISCELLANEOUS
a. Entire Agreement. This Agreement (which incorporates by reference the RTC Document)
constitutes the entire agreement between the Company and you and supersedes all
prior agreements, understandings, statements or proposals, and representations,
whether written or oral. This Agreement
can be amended only as provided in Section 3 above. No written or oral statement, advertisement, or service
description not expressly contained in the Agreement will be allowed to
contradict, explain, or supplement it. Neither you nor the Company is relying
on any representations or statements by the other party or any other person
that are not included in this Agreement.
b. Separability. If any part of this Agreement is found invalid, the rest of the
Agreement will remain valid and enforceable.
c. No Third Party Rights. This
Agreement does not provide any third party with a remedy, claim, or right of
reimbursement.
d. Assignment. The Company can assign all or part of its rights or duties under
this Agreement without notifying you.
You may not assign this Agreement or the Services without the Company’s
prior written consent.
e. Notices. Notices from you to the Company must be provided as specified in
this Agreement. Notice from you to the Company made by calling the Company is
effective as of the date that the Company’s records show that the Company
received your call. The Company’s notice
to you under this Agreement with respect to changes in rates, terms and
conditions will be provided as described in Section 3 above. The Company’s notice to you under this
Agreement for matters other than changes in rates, terms and conditions will be
provided by one or more of the following: posting on our web site, recorded
announcement, bill message, bill insert, newspaper ad, postcard, letter, call
to your billed telephone number.
f. Governing Law. This Agreement will be governed by the law of the State of South
Carolina.