Prior to August 1, 2001, service was furnished under MFS International Tariff FCC No. 1 filed with the Federal Communications Commission and now canceled. Beginning August 1, 2001, service is being furnished pursuant to this Guide and any underlying written contract between the Company and the Customer.
Please note the following regarding this important change.
· MFS International Tariff FCC No. 1 was amended on June 23, 2001 to incorporate new or revised General Definitions and new or revised General Terms and Conditions of Service contained in WorldCom Tariff FCC No. 1. Like the service in former MFS International Tariff FCC No. 1, these General Definitions and General Terms and Conditions are now part of this Guide and, therefore, are part of customer service contracts. Some of the definitions and terms and conditions contained in former MFS International Tariff FCC No. 1 are reflected in the General Definitions and General Terms and Conditions of Service and, accordingly, were removed from the former tariff at the time of detariffing on July 31, 2001. This explains why there may be omissions or gaps in the service information previously found in MFS International Tariff FCC. No. 1 and currently contained in this Guide.
· Except as noted in the preceding paragraph, the text of this Guide replicates the information contained in former MFS International Tariff FCC No. 1 on July 31, 2001.
· If there is an inconsistency between a General Definition or a General Term and Condition, a service-specific definition or term and condition, or a definition and term and condition contained in a written contract between the Company and the Customer, the relationship with the Customer will consist of the following, in order of precedence from (1) through (3): (1) the definition or term and condition in the written contract; (2) the service-specific definition or term and condition; and (3) the General Definition or Term and Condition. An inconsistency will be deemed to include any instance in which a service-specific definition or a service-specific term and condition has no counterpart in the General Definitions or the General Terms and Conditions of Service.
· WorldCom may change the Guide from time to time and any change made will be binding on customers after fulfillment of the notice period set forth in Section 7.B of the General Terms and Conditions.
Any reference to tariff within the text of the Guide shall mean Guide.
INTERNATIONAL TELECOMMUNICATIONS SERVICES
Section 1 -- APPLICATION
This tariff contains the regulations and rates applicable to the provision of International Private Line Telecommunications Service furnished by MFS International, Inc. or any successor entity (hereinafter referred to as "the Company"), from its operating location(s) in the United States (as specified in Section 4.1.1) to international locations, as specified herein. Service is furnished subject to transmission, atmospheric and like conditions.
Section 2 -- DEFINITIONS
Company: The term "Company" denotes MFS International, Inc. or any successor entity.
Corporate Office: The term "Corporate Office" denotes the offices of MFS International, Inc., 8100 Boone Boulevard, Suite 400, Vienna, Virginia 22182.
Customer: The term "Customer" denotes the person who or the firm or corporation which orders service and is responsible for the payment of charges and compliance with the Company's regulations.
Off-net Building (Domestic or International): A building that does not contain a Company "point of presence" (POP) or network facilities, where the local exchange line or loop connection to the Company's network facilities is provided by a third party vendor.
On-net Building (Domestic or International): A building where the Company's (POP) or network facilities exist.
Previous Term Monthly Rate: In those situations where the Customer has signed a multi-year contract, the previous term is the available contract term for the service which directly precedes the term under which the Customer contracted. The previous term monthly rate, then, is the rate for the previous term. For example, if a Customer signs a five-year contract for a service which also has rates for one and three years, and the Customer cancels during the fourth year, the previous term monthly rate is the rate for a three-year contract.
United States: The term "United States" designates the forty‑eight (48) contiguous states and the District of Columbia, Hawaii, Alaska, Puerto Rico, the U.S. Virgin Islands, as well as the off‑shore areas outside the boundaries of the coastal states of the forty‑eight contiguous states to the extent that such areas appertain to and are subject to the jurisdiction and control of the United States.
MFS International Network System: Designates the telecommunication system(s) which MFS International or any MFS Affiliate has the right to run under national law whether in the United States or in any other jurisdiction.
Section 3 -- REGULATIONS
3.1 Undertaking of the Company
The Company undertakes to provide International Private Line Telecommunications Service in accordance with the terms and conditions set forth in this tariff. The Company may act as the Customer's agent for ordering facilities provided by other domestic or international carriers or entities when authorized in writing by the Customer, to allow connection to the Company's facilities. The rates and regulations contained in this tariff do not apply, unless otherwise specified, to the lines, facilities, or services provided by a local exchange telephone company or other common carrier for use in accessing the services of the Company. The Customer shall be responsible for all charges incurred by the Company in connection with such service arrangements.
The Company shall maintain sole and absolute discretion over the routing of channels hereunder. Special routing or diverse routing capabilities will be subject to additional charges. In the event that the Company, in order to meet the requirements of a Customer, is required to construct new facilities or to make special arrangements of its facilities, the applicable charges for special construction will be based on the Company's costs. These charges may be based on such elements as cost of equipment and materials, cost of installation, engineering, labor, supervision, general and administrative expense, overhead, interest during construction, other disbursements, depreciation, maintenance, taxes, provision for return on investment, and any other costs associated with the provision of the special service to be provided.
3.1.2 Shortage of Facilities
All service is subject to the availability of suitable facilities. The Company reserves the right to limit the length of communications or to discontinue furnishing services when necessary because of factors beyond its control, or when the Customer is using the service in violation of provisions of this tariff. The Company will make reasonable efforts to secure and retain facilities to provide the services requested by Customers.
3.1.3 Terms and Conditions
(A) Service is provided on the basis of a minimum period of at least one year, 24-hours per day.
(B) Customers may be required to enter into written service orders which shall contain or reference a specific description of the service ordered, the rates to be charged, the duration of the services, and the terms and conditions in this tariff. Customer will also be required to execute any other documents as may be reasonably requested by the Company.
(C) Except as otherwise stated in this Tariff, at the expiration of the initial term specified in each Service Order, or in any extension thereof, service shall continue on a month-to-month basis at the current rates unless terminated by either party upon 30 days written notice. Any termination shall not relieve Customer of its obligation to pay any charges incurred under the Service Order and this tariff prior to termination. The rights and obligations which by their nature extend beyond the termination of the term of the Service Order shall survive such termination.
(D) In any action between the parties to enforce any provision of this tariff, the prevailing party shall be entitled to recover its legal fees and court costs from the non-prevailing party in addition to other relief a court may award.
(E) A Customer shall not: (i) use any service mark or trade mark either of the Company or any of its affiliated companies or of which the Company or any of its affiliated companies is a licensee, or (ii) refer to the Company or any of its affiliated companies in connection with any product, equipment, offering, promotion or publication of the Customer or of a third party on behalf of or with the authorization of the Customer, without the written approval of the Company and its pertinent affiliated company. Customer agrees that: (i) any use of Company mark(s) by it is for the benefit of the Company; (ii) all good will resulting therefrom vests solely in the Company; and, (iii) it will neither have nor make any claim in or to such mark(s).
3.1.4 Limitations on Liability
(A) Except as otherwise stated in this section, the liability of the Company for damages arising out of either: (1) the furnishing of its services, including but not limited to mistakes, omissions, interruptions, delays, or errors, or other defects, representatives, or use of these services or (2) the failure to furnish its service, whether caused by acts or omission, shall be limited to the extension of allowances to the Customer for interruptions in service as set forth in Section 3.8.
(B) The entire liability of the Company for damages resulting in whole or in part from or arising in connection with the furnishing of service under this tariff, including but not limited to mistakes, omissions, interruptions, delays, errors or other defects or misrepresentations shall not exceed sums actually paid to the Company by the Customer for the service(s) in the month in which the event giving rise to the liability occurred. No other liability in any event shall attach to the Company.
(C) The Company's liability for willful misconduct, if established as a result of judicial or administrative proceedings, is not limited by this tariff. Except for the extension of allowances to the customer for interruptions in service as set forth in Section 3.8, the Company shall not be liable to a customer or third party for any direct, indirect, special, incidental, reliance, consequential or exemplary damages, including, but not limited to, loss of revenue or profits, for any reason whatsoever, including, but not limited to, any act or omission, failure to perform, delay, interruption, failure to provide any service or any failure in or breakdown of facilities associated with the service.
(D) The liability of the Company for errors in billing that result in overpayment by the Customer shall be limited to a credit equal to the dollar amount erroneously billed or, in the event that payment has been made and service has been discontinued, to a refund of the amount erroneously billed.
(E) The Company shall not be liable for any claims for loss or damages involving:
(1) Any act or omission of: (a) the Customer, (b) any other entity furnishing service, equipment or facilities for use in conjunction with services or facilities provided by the Company; or (c) common carriers or warehousemen;
(2) Any delay or failure of performance or equipment due to causes beyond the Company's control, including but not limited to, acts of God, fires, floods, earthquakes, hurricanes, or other catastrophes; national emergencies, insurrections, riots, wars or other civil commotions; strikes, lockouts, work stoppages or other labor difficulties; criminal actions taken against the Company; unavailability, failure or malfunction of equipment or facilities provided by the Customer or third parties; and any law, order, regulation or other action of any governing authority or agency thereof;
(3) Any unlawful or unauthorized use of the Company's facilities and services;
(4) Libel, slander, invasion of privacy or infringement of patents, trade secrets, or copyrights arising from or in connection with the transmission of communications by means of Company-provided facilities or services; or by means of the combination of Company-provided facilities or services with Customer-provided facilities or services;
(5) Breach in the privacy or security of communications transmitted over the Company's facilities;
(6) Changes in any of the facilities, operations or procedures of the Company that render any equipment, facilities or services provided by the Customer obsolete, or require modification or alteration of such equipment, facilities or services, or otherwise affect their use or performance.
(7) Defacement of or damage to Customer premises resulting from the furnishing of services or equipment on such premises or the installation or removal thereof.
(8) Injury to property or injury or death to persons, including claims for payments made under Workers' Compensation law or under any plan for employee disability or death benefits, arising out of, or caused by, any act or omission of the Customer, or the construction, installation, maintenance, presence, use or removal of the Customer's facilities or equipment connected, or to be connected to the Company's facilities;
(9) Any intentional, wrongful act of a Company employee when such act is not within the scope of the employee's responsibilities for the Company and/or is not authorized by the Company;
(10) Any representations made by Company employees that do not comport, or that are inconsistent, with the provisions of this Tariff.
(11) Any noncompletion of calls due to network busy conditions;
(12) Any calls not actually attempted to be completed during any period that service is unavailable.
(E) The Company does not guarantee nor make any warranty with respect to installations provided by it for use in an explosive atmosphere. The Company shall be indemnified, defended and held harmless by the Customer from and against any and all claims, loss, demands, suits, or other action, or any liability whatsoever, including attorney fees, whether suffered, made, instituted or asserted by the Customer or by any other party, for any personal injury to or death of any person or persons, and for any loss, damage or destruction of any property, including environmental contamination, whether owned by the Customer or by any other party, caused or claimed to have been caused directly or indirectly by the installation, operation, failure to operate, maintenance, presence, condition, location, use or removal of any equipment or facilities or the service.
(F) The Company assumes no responsibility for the availability or performance of any cable or satellite systems or related facilities under the control of other entities, or for other facilities provided by other entities used for service to the Customer, even if the Company has acted as the Customer's agent in arranging for such facilities or services. Such facilities are provided subject to such degree of protection or nonpreemptibility as may be provided by the other entities.
(G) Any claim of whatever nature against the Company shall be deemed conclusively to have been waived unless presented in writing to the Company within thirty (30) days after the date of the occurrence that gave rise to the claim.
(H) THE COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED EITHER IN FACT OR BY OPERATION OF LAW, STATUTORY OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE, EXCEPT THOSE EXPRESSLY SET FORTH HEREIN.
3.1.5 Provision of Equipment and Facilities
(A) Except as otherwise indicated, Customer‑provided station equipment at the Customer's premises for use in connection with this service shall be so constructed, maintained and operated as to work satisfactorily with the facilities of the Company.
(B) The Company shall not be responsible for the installation, operation or maintenance of any Customer‑provided communications equipment. Where such equipment is connected to service furnished pursuant to this tariff, the responsibility of the Company shall be limited to the furnishing of services under this tariff and to the maintenance and operation of the MFS International Network System in the proper manner. Subject to this responsibility, the Company shall not be responsible for:
(1) the through transmission of signals generated by Customer‑provided equipment or for the quality of, or defects in, such transmission; or
(2) the reception of signals by Customer‑provided equipment; or
(3) network control signalling where such signalling is performed by Customer‑provided network control signalling equipment.
(C) In furnishing service between a terminal of the Company and an overseas terminal of a foreign administration or another company, the Company's responsibility is limited to the furnishing of the United States half channel, which, when combined with the facilities provided by such foreign administration, or another company, will establish a communications path between two terminals.
(D) In the event of channel interruption caused by storms, or the action of the elements, or other acts of God, or by strikes, or by civil or military authority, or by wars, insurrections, riots, rebellions or the unlawful acts of individuals or by other conditions beyond the control of the Company, the Company reserves the right to provide private line service by any available substitute means (if acceptable to the Customer) pending restoration or normal service.
(A) Without notice to the customer, the Company may block traffic to or from certain countries, country codes, cities, city codes, NXX exchanges, individual telephone stations, groups or ranges of individual telephone stations, or calls using certain customer authorization codes, when the Company deems it necessary to take such action to prevent unlawful use of, or nonpayment for, its service or to prevent the use of its services in a manner that the Company determines to be in violation of this tariff, when the customer's call volume or calling pattern results, or may result, in the blockage of the Company's network or in the degradation of the Company's service or when actions taken by foreign governments or telecommunications agencies render it impossible or impracticable to provide service.
3.2 Prohibited Uses
(A) The services the Company offers shall not be used for any unlawful purpose or for any use for which the Customer has not obtained all required governmental approvals, authorization, licenses, consents and permits.
(B) The Company may require applicants for service who intend to use the Company's offering for resale and/or for shared use to file a letter with the Company confirming that their use of the Company's offerings complies with relevant laws and regulations, policies, orders, and decisions.
(C) The Company may require a Customer to immediately shut down its transmission if such transmission is causing interference to others.
(D) A customer, joint user, or authorized user may not assign, or transfer in any manner, the service or any rights associated with the service without the written consent of the Company.
3.3 Obligations of the Customer
3.3.1 Customer Premises Provisions
(A) The Customer shall provide the personnel, power and space required to operate all facilities and associated customer-provided equipment installed on the premises of the Customer.
(B) The Customer shall be responsible for providing Company personnel access to premises of the Customer at any reasonable hour for the purpose of routine maintenance and testing of the facilities or equipment of the Company.
(C) The Customer shall furnish information to the Company in advance of any changes that affect the ability of the Company to prepare, install and maintain service to the Customer on a continuous basis.
(D) The Customer shall obtain all permits, licenses, variances, and other authorizations required by federal, state and local regulatory bodies jurisdictions as may be required to take service under this tariff.
(E) The Customer shall take all necessary steps for the interconnection of Customer-provided facilities or facilities provided by others with Company-provided facilities, including, but not limited to, securing all licenses, rights-of-way, permits, services or other arrangements necessary for interconnection.
(F) The Customer shall reimburse the Company for any losses sustained by the Company attributable to theft or vandalism of equipment or facilities occurring on the Customer's premises within thirty (30) days of the incident.
3.3.2 Liability of the Customer
(A) The Customer will be liable for damages to the facilities of the Company and for all incidental and consequential damages caused by the negligent or intentional acts or omissions of the Customer, its officers, employees, agents, invitees, or contractors where such acts or omissions are not the direct result of the Company's negligence or intentional misconduct.
(B) To the extent caused by any negligent or intentional act of the Customer as described in (A), preceding, the Customer shall indemnify, defend and hold harmless the Company from and against all claims, actions, damages, liabilities, costs and expenses, including reasonable attorneys' fees, for (1) any loss, destruction or damage to property of any third party, (2) the death of or injury to persons, including, but not limited to, employees or invitees of either party, and (3) any liability incurred by the Company to any third party pursuant to this or any other tariff of the Company, or otherwise, for any interruption of, interference to, or other defect in any service provided by the Company to such third party.
(C) The Customer shall not assert any claim against any other customer or user of the Company's services for damages resulting in whole or in part from or arising in connection with the furnishing of service under this Tariff including but not limited to mistakes, omissions, interruptions, delays, errors or other defects or misrepresentations, whether or not such other customer or user contributed in any way to the occurrence of the damages, unless such damages were caused solely by the negligent or intentional act or omission of the other customer or user and not by any act or omission of the Company. Nothing in this Tariff is intended either to limit or to expand Customer's right to assert any claims against third parties for damages of any nature other than those described in the preceding sentence.
(D) Unauthorized use of the Network occurs when a person or entity that does not have actual, apparent, or implied authority to use the Network, obtains the Company's services provided under this tariff.
(1) The Customer is responsible for payment of all charges for services furnished to the Customer or to users authorized by the Customer to use service provided under this tariff. This responsibility is not changed due to any use, misuse, or abuse of the Customer's service or Customer-provided equipment by third parties, the Customer's employees, or the public.
(2) The Customer is liable for all charges incurred as a result of unauthorized use of the Network, including incidental and consequential damages. In addition, the Customer is responsible for payment of any charges related to the suspension and/or termination of service and any charges for reconnection of service.
3.4 Use of Service
International Private Line Telecommunications Service may be used to transmit communications of the Customer in a manner consistent with the terms of this tariff and the policies and regulations of the Federal Communications Commission. International Private Line Telecommunications Services or any rights associated therewith may not be assigned or in any manner transferred without the prior written consent of the Company.
The Customer may not rearrange, disconnect, remove, modify or attempt to repair or permit others to rearrange, disconnect, remove, modify or attempt to repair any Company facility without the prior written consent of the Company.
Customers may, by use of their own equipment create additional channels of a lesser capacity within the bandwidth constraint of the channels furnished by the Company, subject to FCC authorization where required.
If private line service is to be used for a third party in a foreign country, the Customer must obtain appropriate authorization from the foreign government, if required.
Use of international private lines provided by MFS International, Inc. pursuant to this tariff for the provision of switched voice services to third parties that are interconnected to the public switched network requires prior authorization from the FCC and a demonstration that the foreign government or administration affords equivalent resale opportunities.
3.5 Customer Equipment and Channels
3.5.1 Interconnection of Facilities
(A) Interconnection between Customer‑provided and Company‑provided service must be made by the Customer by leased channel or dial‑up service. Where interconnection between Customer‑provided and Company‑provided service is not made by lease of Company facilities, interconnection must be made by the Customer at the Company's operating offices. Domestic leased channels provided by the Company to access its international telecommunications services gateway are not covered by this tariff.
(B) In order to protect the Company's facilities and personnel and the services furnished to other Customers by the Company from potentially harmful effects, the signals applied to the Company's service shall be such as not to cause damage to the facilities of the Company. Any special interface equipment necessary to achieve the compatibility between facilities of the Company and the channels or facilities of others shall be provided and maintained at the Customer's expense.
(A) The Company may, upon notification to the Customer, at a reasonable time, make such tests and inspections as may be necessary to determine that the requirements regarding the equipment and interconnections are being complied with in the installation, operation and maintenance of Customer‑provided equipment and in the wiring of the connection of Customer channels to Company‑owned facilities.
(B) If the protective requirements in connection with Customer‑provided equipment are not being complied with, the Company may take such action as necessary to protect its facilities and personnel and will promptly notify the Customer by registered mail in writing of the need for protective action. In the event that the Customer fails to advise the Company within 10 days after such notice is received or within the time specified in the notice that corrective action has been taken, the Company may take whatever additional action is deemed necessary, including the suspension of service, to protect its facilities and personnel from harm. The Company will upon request 24 hours in advance provide Customer with a statement of technical parameters that the Customer's equipment must meet.
3.6 Customer Deposits and Advance Payments
3.6.1 Advance Payments
To safeguard its interests, the Company may require a Customer to make an advance payment before services and facilities are furnished. The advance payment will not exceed an amount equal to three months of charges. In addition, where special construction is involved, the advance payment may also include an amount equal to the estimated non-recurring charges for the special construction and recurring charges (if any) for a period to be set between the Company and the Customer. The advance payment will be credited to the Customer's initial bill. An advance payment may be required in addition to a deposit.
(A) To safeguard its interests, the Company may require the Customer to make a deposit to be held as a guarantee for the payment of charges. A deposit does not relieve the Customer of the responsibility for the prompt payment of bills on presentation. The deposit will not exceed an amount equal to three months of charges.
(B) A deposit may be required in addition to an advance payment.
(C) Once the Customer has paid all amounts due, the balance of the deposit will be returned to the Customer. The Company may use deposited funds to settle disputed amounts.
(D) Deposits held will accrue interest at a rate determined by the Company without deductions for any taxes on such deposits. Interest will not accrue on any deposit after the date on which reasonable effort has been made to return it to customer.
3.7 Payment Arrangements
3.7.1 Payment for Service
The Customer is responsible for the payment of all charges for facilities and services furnished by the Company to the Customer.
3.7.2 Billing and Collection of Charges
The Customer is responsible for payment of all charges incurred by the Customer or other users for services and facilities furnished to the Customer by the Company.
(A) Non-recurring charges are due and payable within 30 days after the date of the invoice.
(B) The Company shall present invoices for Recurring Charges monthly to the Customer, in advance of the month in which service is provided, and Recurring Charges shall be due and payable within 30 days after the date of the invoice.
(C) When service does not begin on the first day of the month, or end on the last day of the month, the charge for the fraction of the month in which service was furnished will be calculated on a pro rata basis. For this purpose, every month is considered to have 30 days.
(D) Billing of the Customer by the Company will begin on the Service Commencement Date, which is the day on which the Company activates the service for the Customer as operational, except that the Service Commencement Date may be postponed by mutual agreement of the parties, or if the service or facility does not conform to standards set forth in this tariff or the Service Order. Billing accrues through and includes the day that the service, circuit, arrangement or component is discontinued.
(E) If any portion of the payment is received by the Company after the date due, or if any portion of the payment is received by the Company in funds which are not immediately available upon presentment, then a late payment penalty shall be due to the Company. The late payment penalty shall be the portion of the payment not received by the date due, multiplied by a late factor. The late factor shall be the lesser of:
(1) a rate of 1.5 percent per month; or
(2) the highest interest rate which may be applied under state law for commercial transactions.
(F) The Customer will be assessed a charge of twenty-five dollars ($25.00) for each check submitted by the Customer to the Company which a financial institution refuses to honor.
(G) If service is disconnected by the Company in accordance with section 3.7.3 following and later restored, restoration of service will be subject to all applicable installation charges.
3.7.3 Billing Disputes
All bills are presumed accurate, and shall be binding on the Customer unless notice of the disputed charge(s) is received by the Company within 90 days (commencing 5 days after such bills have been mailed or otherwise rendered per the Company's normal course of business). For the purposes of this section, "notice" is defined as written notice to the Company, containing sufficient documentation to investigate the dispute, including the account number under which the bill has been rendered, the date of the bill, and the specific items on the bill being disputed.
(B) Late Payment Charge
(1) The undisputed portions of the bill must be paid by the payment due date to avoid assessment of a late payment charge on the undisputed amount under Section 3.7.2(E), preceding.
(2) In the event that a billing dispute is resolved by the Company in favor of the Customer, any disputed amount withheld pending resolution of the billing dispute shall not be subject to the late payment charge.
(3) In the event that a billing dispute is resolved in favor of the Company, the Customer shall pay the late payment charge.
(C) Adjustments or Refunds to the Customer
(1) In the event that the Company resolves the billing dispute in favor of a Customer who has withheld payment of the disputed amount pending resolution of the disputed bill, the Company will credit the Customer's account for the disputed amount in the billing period following resolution of the dispute.
(2) In the event that the Company resolves the billing dispute in favor of a Customer who has paid the total amount of the disputed bill, the Company will credit the Customer's account for any overpayment by the Customer in the billing period following the resolution of the dispute.
(3) In the event that the Company resolves the billing dispute in favor of a Customer who has paid the total amount of the disputed bill but canceled the service, the Company will issue a refund of any overpayment by the Customer.
(4) All adjustments or refunds provided by the Company to the Customer at the Customer's request, or provided by the Company to the Customer by way of compromise of a billing dispute, and which are accepted by the Customer, are final and constitute full satisfaction, settlement, and/or compromise of all of the Customer's claims for the billing period for which the adjustment or refund was issued.
(D) Unresolved Billing Disputes
In the case of a billing dispute between the Customer and the Company for service furnished to the Customer, which cannot be settled to the mutual satisfaction of the Customer and the Company, the Customer has up to 90 days (commencing 5 days after such bills have been mailed or other rendered during the Company's normal course of business) to request an in-depth review of the disputed amount.
3.7.4 Discontinuance of Service for Cause
(A) Upon nonpayment of any amounts owing to the Company, the Company may, by giving 24 hours prior written notice to the Customer, discontinue or suspend service without incurring any liability.
(B) Upon violation of any of the other material terms or conditions for furnishing service the Company may, by giving 24 hours prior notice in writing to the Customer, discontinue or suspend service without incurring any liability if such violation continues during that period.
(C) Upon condemnation of any material portion of the facilities used by the Company to provide service to a Customer or if a casualty renders all or any material portion of such facilities inoperable beyond feasible repair, the Company, by notice to the Customer, may discontinue or suspend service without incurring any liability.
(D) Upon the Customer's insolvency, assignment for the benefit of creditors, filing for bankruptcy or reorganization, or failing to discharge an involuntary petition within the time permitted by law, the Company may immediately discontinue or suspend service without incurring any liability.
(E) Upon any governmental prohibition or required alteration of the services to be provided or any violation of an applicable law or regulation, the Company may immediately discontinue service without incurring any liability.
(F) In the event of fraudulent use of the Company's network, the Company may without notice suspend or discontinue service. The Customer will be liable for all related costs as set forth in Section 3.3.2.(D) of this tariff. The Customer will also be responsible for payment of any reconnection charges.
(G) Upon the Company's discontinuance of service to the Customer under Section 3.7.4(A) or 3.7.4(B), the Company, in addition to all other remedies that may be available to the Company at law or in equity or under any other provision of this tariff, may declare all future monthly and other charges which would have been payable by the Customer during the remainder of the term for which such services would have otherwise been provided to the Customer to be immediately due and payable (discounted to present value at six percent).
(H) Any such discontinuance or suspension in accordance with Section 3.7.4 above, shall not relieve the Customer of the obligation to pay all amounts due hereunder.
3.7.5 Notice to Company for Cancellation of Service
Customers desiring to terminate service shall provide the Company thirty (30) days prior written notice of desire to terminate service.
Termination liability will apply as follows, whether or not the Customer continues to use the service.
(A) If cancellation of service occurs anytime during a contract which is for one year or less, the Customer is liable for full payment for the remaining contract value.
(B) Cancellation of service liability for Multi-year Customer Contracts during the first year is as follows: The Customer is liable for full payment for the remainder of the first year at the one-year monthly rate, plus the current monthly contract rate times the number of full unexpired years remaining in the contract. For example, if the charge for a certain service is $1,000 per month for a five-year contract, and $1,500 per month for a one-year contract, and a Customer contracts for five years but cancels after six months, that Customer would owe (6 x $1,500) + ($1,000 x 4) = $13,000.
(C) Cancellation of service liability for Multi-year Customer Contracts after the first year is as follows: The Customer is liable for the difference between the current monthly contract rate and the previous term monthly rate (as defined below), multiplied by the number of months of service actually provided; plus one month's charges at the current contract rate times the number of full unexpired years remaining in the contract.
3.7.6 If billing systems or other support is not available for a service, feature, surcharge, or other charge element at the time of service provision, the Company will bill for that service, feature, surcharge, or other charge element as soon as it is capable of doing so.
3.7.7 Service-related credit amounts due the Customer that are related to, or based on, service usage will be applied before the application of taxes and the Federal Universal Service Fee; and service-related credit amounts due the Customer that are not related to, or based on, service usage will be applied after the application of taxes and the Federal Universal Service Fee.
3.8 Allowances for Interruption
(A) A credit allowance will be given when service is interrupted, except as specified in Section 3.8.2 following. A service is interrupted when it becomes inoperative to the Customer, e.g., the Customer is unable to transmit or receive, because of a failure of a component furnished by the Company under this tariff.
(B) An interruption period begins when the Customer reports a service, facility or circuit to be inoperative and, releases it for testing and repair. An interruption period ends when the service, facility or circuit is operative.
(C) If the Customer reports a service, facility or circuit to be interrupted but declines to release it for testing and repair, the service, facility or circuit is considered to be impaired but not interrupted. No credit allowances will be made for a service, facility or circuit considered by the Company to be impaired.
3.8.2 Limitations of Allowances
No credit allowance will be made for any interruption in service:
(A) Due to the negligence of or noncompliance with the provisions of this Tariff by any person or entity other than the Company, including but not limited to the Customer or other common carriers connected to the service of the Company;
(B) Due to the failure of power, equipment, systems, connections or services not provided by the Company;
(C) Due to circumstances or causes beyond the control of the Company;
(D) During any period in which the Company is not given full and free access to the facilities and equipment for the purposes of investigating and correcting interruptions;
(E) During any period in which the Customer continues to use the service on an impaired basis;
(F) During any period when the Customer has released service to the Company for maintenance purposes or for implementation of a Customer order for a change in service arrangements;
(G) That occurs or continues due to the Customer's failure to authorize replacement of any element of special construction; and
(H) That was not reported to the Company within thirty (30) days of the date that service was affected.
3.8.4 Application of Credits for Interruptions in Service
(A) Credits for interruptions in service that is provided and billed on a flat rate basis beginning on the date that billing becomes effective, shall in no event exceed an amount equivalent to the proportionate charge to the Customer for the period of service during which the event that gave rise to the claim for a credit occurred. A credit allowance is applied on a pro rata basis against the rates specified hereunder and is dependent upon the length of the interruption.
(B) For the portion of the service furnished by the Company which is affected, no credit allowance is credited to the Customer for interruptions of less than 15 minutes. Interruptions of 15 minutes or over are credited to the Customer at the proportionate monthly charge in increments at a rate equal to the amount charged to the Customer for the equivalent period of service.
(C) When private line service is interrupted and international message telecommunications service is furnished at the Customer's request, the international message telecommunications service will be charged at the Company's prevailing rates.
3.8.5 Cancellation For Service Interruption
Cancellation or termination for service interruption is permitted only if any circuit experiences (1) a single continuous outage of 8 hours or more or, (2) cumulative service credits equalling 24 hours or more in a continuous 12-month period. The right to cancel service under this provision applies only to the single circuit which has been subject to the outage or cumulative service credits.
3.9 Cancellation of an Order For Service
An order for service may be canceled by the Customer upon receipt of a written notice directed to the Company's Corporate Office. The cancellation will become effective from the date of receipt by the Company of the Customer's notice except as otherwise indicated in subsequent provisions of this tariff.
Installation or special construction of facilities for private line service is considered to have started when the Company incurs any cost which would not otherwise have been incurred.
3.9.2 Cancellation Charges
(A) Where the customer cancels an order for any service specified in this tariff, the full service rates specified in that section and the schedule shown below will be used to calculate the cancellation charge, irrespective of all special promotion rates.
Less than thirty days No recurring
after the receipt of order charges
Thirty to sixty days One month's
after receipt of order recurring charges
More than sixty days Three months
after the receipt of order recurring charges
(B) Where installation of service has begun prior to the receipt of a cancellation notice, except as otherwise indicated, the customer will be responsible for a charge equal to the nonrecoverable costs incurred in the construction, such as the cost of equipment and materials, cost of installation, engineering, labor, supervision, general and administrative expenses, overhead, interest during construction, other disbursements, taxes and any other nonrecoverable costs which may be incurred, less estimated net salvage.
(C) Additionally, where special construction of facilities has been started prior to the cancellation, and to the extent the Company has no other use for the specially constructed facilities, a charge equal to the costs incurred in the special construction period to the date of cancellation less estimated net salvage applies.
(D) Any charges imposed on the Company by any other supplier of materials or facilities provided as a result of cancellation of the application or services will be directly passed through to the Customer for payment.
Section 4 -- SERVICE OFFERINGS
4.01 General Charge
4.1.1 Description of Services
International Telecommunications Service (ITS) consists of the furnishing of Private Line "Cable" Service between the Company's operating centers in the United States and the international locations identified in Section 4.1.4. The Company maintains operating centers (international gateways) in New York City, NY, Portland, OR and San Francisco, CA. The New York City gateway serves traffic originating from and terminating to Europe. The Portland and San Francisco gateways serve traffic originating from and terminating to Asia. Such service is available twenty-four (24) hours a day, seven (7) days a week.
4.1.2 Explanation of Rates for Private Line Services
The Company's Private Line Service rates are for a duplex U.S. half-channel. Simplex half-channels will be provided upon request. Service will be billed on a non-recurring basis for private line installations and monthly for recurring line charges. ITS rates are available on either a one year basis or at discounted 3 or 5 year Term Plan rates. Pricing for the Private Line Service is in U.S. dollars.
4.1.3 Other Charges
Maintenance Visits: A maintenance charge of $100.00 per hour applies for each visit of maintenance personnel to a Customer's premise when the reported trouble is found to be caused by Customer-provided station equipment or at the foreign end and not in the facilities or equipment furnished by the Company.
Retermination Charges: The full nonrecurring charges imposed on the Company by any other facilities or service provider as a result of retermination will be directly passed through to the Customer. In addition, the Company will charge a fee based on time and materials.
4.1.4 Rates: Month-to-Month Recurring
U.S. Half-Channel One-Year Rates (Cable) - 64 Kb - 1984 Kb
(All rates in U.S. Dollars)
Country 64Kb 128Kb 192Kb 256Kb 384Kb 512Kb 768Kb 1024Kb 1536Kb 1984Kb
Europe1 $2,000 $3,225 $4,675 $5,800 $7,850 $10,900 $11,500 $13,000 $17,575 $25,500
Japan2 $2,900 $4,700 $6,880 $8,330 $11,080 $13,950 $16,440 $20,700 $23,910 $28,400
Hong Kong2 $3,700 $6,300 $9,000 $11,000 $14,600 $17,000 23,000 $28,800 $32,000 $40,000
1 Service to Europe is priced from the international gateway in New York City, NY to any one of the following countries: United Kingdom, Denmark, Germany, Ireland, France, Switzerland, or Sweden.
2 Service is priced from the international gateway in San Francisco, CA, Los Angeles, CA or Portland, OR.
4.1.5 Rates : Nonrecurring Charges for Digital Private Line Service
There will be a one-time nonrecurring charge applicable for the establishment of each half circuit to the international locations listed in Section 4.1.4.
4.1.6 Term Plan Discount Schedule
International Telecommunication Service Term Plan discounts are available for Customers who commit to either a 3 year or 5 year term. The discount percentage will be applied against the basic one year rates. The discount Term Plan schedule is as follows.
3 Year 5 Year
Discount 5% 10%
4.1.7 Customer Specific Contracts
The Company may provide any of the services offered under this
Tariff, or combinations of services, to Customers on a contractual basis. The terms and conditions of each contract offering are subject to the agreement of both the Customer and the Company.
Such Contract offerings will be made available to other Customers under the same terms, conditions, and circumstances. Rates in other sections of this tariff do not apply to Customers who agree to contract arrangements, with respect to services within the scope of the contract. The rates provided under such contract offerings are listed in the attached Appendix B.
Rates and terms for services that the Company offers to Customers may vary depending on a number of factors, which include but are not limited to:
(A) Contract Number
(B) Service Capacity:
L = Low Speed Access of 56/64 kbps
M = Medium Speed Access over 56/64 Kbps up to, but not including 1.536/1.544 Mbps
H = High Speed Access of 1.536/1.544 Mbps
V = Very High Speed Access over 1.536/1.544Mbps
(C) Contract Term(s)
(D) Number of Customer Locations
(E) Service Class:
1 = On-net Building: Domestic
2 = On-net Building: International
3 = Off-net Building: Domestic
4 = Off-net Building: International
(F) Monthly Recurring Rate
(G) Non-Recurring Rate
4.2 International Frame Transport Service (IFTS)
4.2.1 Description of Services
(A) International Frame Transport Service (IFTS) is a high-speed, statistically multiplexed data communications service that permits the transmission of data between a customer's geographically dispersed locations. IFTS facilities the exchange of variable length information units (frames) between end user connections (ports) by way of assigned virtual connections. Each frame is passed through the network with an address that specifies the virtual connection. IFTS offers access at the following Service capacity port speeds: 56/64 Kbps, 128 Kbps, 256 Kbps, 512 Kbps, 1.536 Mbps and up to 1.984 Mbps. Service capacity for PVCs are offered at the following speeds: 16 Kbps, 32 Kbps, 48 Kbps, 64 Kbps, 128 Kbps, 192 Kbps, 256 Kbps, 384 Kbps, 512 Kbps, 768 Kbps, and 1024 Kbps. IFTS is offered where MFS facilities exist.
(B) If it is necessary to construct facilities to satisfy service requests at other locations, it may be provided on an individual case basis.
(C) Data communication between IFTS ports is provided over dedicated, software-defined connections with addresses identified by Data Link Connection Identifiers (DLCIs). The DLCIs identify the destination address information and route the customer's data over a communications path called a permanent virtual circuit (PVC). PVCs are bi-directional channels that define end-to-end service for a specific path for data sent by the customer from one site location to another. Multiple PVCs can be established from one port to others over the ATM network. A separate PVC must be established to each site location that the customer desires to transport data.
(D) Since all PVCs need not be in use at the same time, it is possible for the total bandwidth of all PVCs associated with one IFTS access line to exceed the bandwidth of the IFTS access line. This relationship is referred to as over-subscription and when this occurs, there can be no guarantee that the bandwidth defined for that PVC will be available at any point in time. A PVC must be associated with at least one IFTS port. A single IFTS port can be associated with multiple PVCs.
(E) The Company's IFTS complies with the frame relay standards approved by the American National Standards Institute (ANSI) and the International Telecommunications Union (ITU), formerly CCITT (Consultative Committee International Telephone and Telegraph). Customer provided equipment must comply with the same.
4.2.2 Explanation of Service Parameters and Rates
Service parameters including terms and rate elements are established on an Individual Contract Basis (ICBs). The ICBs are reflected in the tariff using the following variable service parameters.
(A) Contract Number
(B) Service Capacity:
L = Low Speed Access of 56/64 Kbps
M = Medium Speed Access over 56/64 Kbps up to, but not including 1.536/1.544 Mbps
H = High Speed Access of 1.536/1.544 Mbps
V = Very High Speed Access over 1.536/1.544Mbps
(C) Contract Term(s)
(D) Number of Customer Locations
(E) Service Class:
1 = On-net Building: Domestic
2 = On-net Building: International
3 = Off-net Building: Domestic
4 = Off-net Building: International
(F) Monthly Recurring Rate
(G) Non-Recurring Rate
(A) Month-to-Month Recurring
Rates charges for the following services, which may include optional features and functions, will not exceed the amounts listed below.
Port Speed Rate MRR *
Low Speed $ 165 - $ 200
Medium Speed $ 300 - $1,500
High Speed $1,440 - $1,800
Very High Speed $2,000 and up
PVC Speed Rate
Low Speed $ 475 - $ 5,800
Medium Speed $2,500 - $31,000
High Speed Not Available
Very High Speed Not Available
* From one on-net city in the U.S. to any other on-net city in the world.
IFTS nonrecurring rate is $1,000.00 per end.