Prior to August 1, 2001, service was furnished under WIDSI Tariff FCC No. 5 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.
· WIDSI Tariff FCC No. 5 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 WIDSI Tariff FCC No. 5, 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 WIDSI Tariff FCC No. 5 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 WIDSI Tariff FCC. No. 5 and currently contained in this Guide.
· Except as noted in the preceding paragraph, the text of this Guide replicates the information contained in former WIDSI Tariff FCC No. 5 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.
· The Company 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.
DOMESTIC TELEX SERVICE
1.1 This tariff applies to Domestic Telex Service furnished on a real time, conversational basis by the Company in accordance with the rules, regulations, and rates specified herein for communication between customer stations within the continental United States and Hawaii.
2. AVAILABILITY OF SERVICE
2.1 Domestic Telex Service is offered, subject to the availability of facilities, between telex stations located at places as listed on the Title Page, 24 hours per day, 7 days per week.
2.2 The Company maintains offices in the cities indicated below for the handling of domestic telex calls.
Fort Lauderdale, FL
Kansas City, MO
Los Angeles, CA
New Brunswick, NJ
New Orleans, LA
New York, NY
Oklahoma City, OK
San Antonio, TX
San Diego, CA
San Francisco, CA
San Jose, CA
St. Louis, MO
2.3 Domestic Telex Service is available to customers of the Company's International Overseas Telex and International Telegraph Services.
2.4 Domestic Telex Service provides for the transmission of communications on a real time, conversation basis in each direction alternately but not simultaneously at a maximum speed of approximately 400 operations (key or bar depressions) per minute. The rates for calls placed between customer stations are as shown in the RATES section of this tariff.
2.5 Domestic Telex Service furnished by the Company may be interconnected to a similar domestic telex service furnished by an Other Common Carrier (OCC). The rates for calls placed on a real time, conversational basis from customer stations of the Company to subscriber stations on the network of an OCC are as shown in the RATES section of this tariff.
2.6 Domestic Telex Service furnished by the Company may be interconnected to a similar international overseas or shore-ship telex service furnished by the Company or by another carrier in such other carrier's premises. The regulations and rates covering international overseas telex service furnished by the Company, for calls placed on a real time, conversational basis, are as contained in the Company's Tariff F.C.C. No. 5. That tariff also contains the rates for the domestic segment of calls placed on a real time, conversational basis via another carrier. For the overseas service furnished by another carrier, the regulations and rates of such other carrier apply. The tariffs of the following carriers covering international overseas or shore-ship telex service are:
Communications Satellite Corp, (COMSAT) Tariff F.C.C. No. 102
International, Inc. Tariff F.C.C. No. 2
FTC Communications, Inc. Tariff F.C.C. No. 16
Graphnet, Inc. Tariff F.C.C. No. 3
International Relay, Inc. Tariff F.C.C. No. 1
ITT World Communications Inc. Joint Tariffs F.C.C.
No. 11 and No. 12
RCA Global Communications, Inc. Tariffs F.C.C. No. 88 and
TRT Telecommunications Corporation Tariff F.C.C. No. 64
Western Union Telegraph Co. Tariff F.C.C. No. 283
The following lists the outbound codes assigned for the purpose of placing or receiving international overseas telex calls via the facilities of another carrier providing international telex service.
Carrier Routing Code
Consortium Communications International, Inc. 1072
FTC Communications, Inc. 106
Graphnet, Inc. 108
International Relay, Inc. 1071
ITT World Communications Inc. 103
RCA Global Communications, Inc. 102
TRT Telecommunications Corp. 105
Western Union Telegraph Co. 100
3.1 Use of Service
3.1.2 The customer initiating a call (the calling party) is responsible for utilizing the Company's operating procedures to ensure that a connection is established with the correct called party.
3.1.3 The customer is required to provide all equipment, supplies, space, power and operating personnel at his location.
3.1.4 The Company for and in connection with Domestic Telex Service does not undertake to perform any transmission functions but merely furnishes its facilities to customers for their use.
3.2 Payment Arrangements
3.2.1 The customer is responsible for payment of all charges for services furnished to the customer or its joint or authorized users. This responsibility is not changed, by virtue of any use, misuse, or abuse of the customer's service or customer-provided systems, equipment, facilities, or services interconnected to the customer's service, which use, misuse, or abuse may be occasioned by third parties, including, without limitation, the customer's employees or other members of the public. Non‑recurring charges are payable when the service for which they are specified have been performed. If an entity other than the Company (e.g., another carrier or a supplier) imposes charges on the Company, in addition to its own internal costs, in connection with a service for which a Company non‑recurring charge is specified, those charges will be passed on to the customer. Recurring charges which are fixed in amount and not dependent on usage are billed in advance. Usage charges are billed after each usage cycle. Except for usage charges, the rate or volume discount level applicable to a customer for a particular service or services shall be the rate or volume discount level in effect at the end of the monthly billing period applicable to the customer for the particular service or services.
3.2.2 Payment is due within 30 days of invoice date, unless the Company indicates on the invoice or a billing insert that the sum shown as due need not be paid, because of the smallness of the amount, until the balance reaches some specified amount; or the Company may deal with customers whose accounts show very small balances by withholding the issuance of an invoice until the amount due from the customer reaches a level which, in the Company's sole discretion, is deemed large enough to justify initiating the billing and collection process; or the Company may invoice low usage customers every other month unless a customer invoiced in such a manner requests monthly billing. When a bill is issued, amounts not paid within 21 days after the date of invoice will be considered past due. If the Company becomes concerned at any time about the ability of a customer to pay its bills, the Company may require that customer to pay its bills within a specified number of days and to make such payments in cash or the equivalent of cash.
3.2.3 Applicants for service or existing customers whose financial condition is not acceptable to the Company, or is not a matter of general knowledge, may be required at any time to provide the Company a security deposit. The deposit requested will be in cash or the equivalent of cash, up to an amount equal to the applicable installation charges, if any, and/or up to three month's actual or estimated usage charges for service to be provided. Any applicant or customer may also be required, at any time, whether before or after the commencement of service, to provide such other assurances of, or security for, the payment of the Company's charges for its services as the Company may deem necessary, including, without limitation, advance payments for service, third party guarantees of payment, pledges or other grants of security interests in the customers' assets, and similar arrangements. The Company may also establish toll usage limits for applicants for service or existing customers whose financial condition cannot be verified or is otherwise unacceptable to the Company. Any required deposit or toll usage limits may be increased or decreased by the Company as it deems appropriate in the light of changing conditions. In addition, the Company shall be entitled to require such an applicant or customer to pay all its bills within a specified period of time, and to make such payments in cash or the equivalent of cash. In case of a cash deposit, simple interest at the rate of six percent (6%) annually will be paid for the period during which the deposit is held by the Company, unless a different rate has been established by the appropriate legal authority in the jurisdiction in which the Company service in question is provided. At the Company's option, such deposit may be refunded to the customer's account at any time.
In lieu of cash or cash-equivalent security deposits and/or toll usage limits, the Company may, at its sole discretion, require from the customer a commercial credit card account number to which future usage can be charged. Also, the Company reserves the right to cease accepting and processing service orders after it has requested a security deposit or commercial credit card account number and prior to the customer's compliance with this request.
3.2.6 Promotional and other credits offered by the Company in marketing of its services cannot be assigned, but must be used by the person to whom they were offered and who earned them in strict accordance with the terms of the offer.
3.2.10 In the event payment is made by check and the customer's check is not honored by the institution on which it was drawn, the Company will impose, and the customer will be required to pay, a $10 fee, in addition to other remedies available to the Company under the Tariff.
3.2.12 Cancellation of Service: The notice of discontinuance for Domestic Telex Service is 45 calendar days. Recurring charges apply for a period of 45 calendar days from the date the Company receives the written discontinuance notice or until the requested discontinuance date, whichever is longer. The charges will continue to apply whether or not the customer continues to use the service. Such written notice must be mailed to, or physically delivered to Director, Sales and Marketing, WorldCom International Data Services, Inc., International Drive, Rye Brook, NY 10573. The cancellation of facilities and equipment furnished by other carriers shall be pursuant to the tariffs or regulations of such carriers.
The Company may, upon suitable notice, make such tests and inspections as may be necessary to maintain satisfactory service or to determine that the requirements of this tariff are being complied with. The Company may interrupt the service at any time because of departure from any of these requirements.
3.4 Liability of Company:
3.4.1 In the event of an interruption to the service which is not due to the negligence or willful act of the customer, there will be a prorata adjustment of the charges involved for the service and facilities rendered useless and inoperative by reason of the interruption during the time said interruption continues from the time it is reported to the Company or detected by the Company, provided, however, that insofar as it is practical to do so, any interruption during the initial period will be compensated for in the form of overtime equal to the interrupted time.
3.4.2 The Company's liability to the customer or to any third party for loss or damage arising from mistakes, omissions, interruptions, delays, errors or defects in transmission, whether or not due to the Company's negligence or fault (except willful misconduct), shall not exceed $500.00 for the affected transmission. This liability shall be in addition to an amount equal to the charge for the affected transmission. However, in the case of a call tendered with a statement in writing specially valuing such call and for which payment is made of the amount of the regularly established rate plus an additional charge equal to one-half of one percent of the amount by which such written valuation exceeds $500.00, the liability of the Company for loss or damage arising from mistakes, omissions, interruptions, delays, errors or defects in transmission occurring in the course of furnishing service under this tariff shall in no event exceed the sum at which such call is valued.
3.4.3 The Company's liability arising from errors in or omissions of directory listings of Domestic Telex Service users shall be limited to and satisfied by a refund or credit not exceeding the amount of the charges, if any, made for such listings during the period covered by the directory in which the error or omission occurs. Any such directories or list of telex subscribers furnished by the Company as well as telex numbers and answerbacks assigned by the Company, are the property of the Company, and are made available to persons receiving them only as a ready reference in making telex calls. The Company reserves the right to change the telex number and answerbacks assigned to a subscriber as the conduct of business may require.
3.4.4 The Company shall be indemnified and saved harmless by the customer initiating the call and/or the customer receiving the call against all claims for libel, slander or the infringement of copyright arising from the material transmitted over the Company's facilities; and against all other claims arising out of any act or omission of the customer in connection with any facilities provided under this tariff.
3.4.5 No liability shall attach to the Company for any act or omission of another carrier or carriers furnishing a portion of the service, facilities or equipment beyond an amount equivalent to the Company's proportionate charge to the customer for the connection during which such act or omission occurs.
3.4.6 The Company will not be liable for refunds of charges, damages or statutory penalties in any case where the claim is not presented in writing to the Company within 180 days after the day on which the call was made.
3.5 Obligations of the Customer:
3.5.2 Customer-provided equipment or facilities:
(a) The customer shall be responsible for taking the necessary steps for interconnecting customer-provided equipment or facilities with the Company's domestic Telex facilities.
(b) The customer shall be responsible for insuring that customer-provided equipment or facilities are properly interfaced with the Company's domestic Telex facilities.
(c) The customer shall operate his equipment in such a manner that his use of Domestic Telex Service shall not interfere with other customers' use of the service.
3.5.3 The customer shall be responsible for damages to or misuse of Domestic Telex Service facilities caused by the negligence or willful acts of the customer's employees, agents, contractors or invitees.
3.5.4 When facilities or services of another communications common carrier are interconnected with Domestic Telex Service facilities, the customer shall comply with the applicable regulations of the other communications common carrier furnishing such facilities or services.
3.6 Access to Domestic Telex Service:
3.6.1 Access to Domestic Telex Service may be via a dedicated access line or via the public switched telephone network.
3.6.2 At the request of the customer, the Company will provide a dedicated access line between a customer's premises and the nearest Company operating center by obtaining such access line from another common carrier. The charge to the customer for such access line is the charge assessed the Company by the other common carrier from whom the Company obtains such access line, plus $10 per month for each access line billed by the Company. In addition, customers shall pay the total end-to-end charges set forth in 4.2 following.
3.6.3 When dedicated access to the Company's telex operating center in or nearest to the customer's city is not available, the Company, at its option, may connect the customer to another operating, center, in which event no additional charge will apply for the access line required to make such connection beyond that which would have applied if the customer had been connected to the operating center nearest to his location.
3.6.4 A customer, in lieu of obtaining access pursuant to 3.6.2 preceding, may provide his own dedicated access line between his premises and any of the Company's telex operating centers for access to Domestic Telex Service. The charges of the other common carrier providing the access line will apply. Customers shall also pay the total end-to-end charges set forth in 4.2 following.
4.1.2 The rates specified in this tariff are applicable to Domestic Telex Service furnished by the Company.
4.1.3 A billing charge of $50.00 per account applies to all customer billed on a monthly basis. A credit towards the $50.00 billing charge will be allowed in an amount equal to the Company's total charges for services covered by the bill, provided that the maximum credit shall not exceed $50.00 per invoice.
4.2 Telex Service Charges
4.2.1 The charge for each telex call to a subscriber of another Common Carrier is determined as follows, except as provided for in 4.2.2 following:
Rate Chart No. 1*
Continental United States (CONUS) and Hawaii
From: To: Company Common Carriers
Company $1.59 **
* Two minute minimum applies and increments of one minute thereafter.
** $2.57 per minute or fraction of a minute for calls destined to the CCI, FTCC, TRT, Graphnet and ATT telex or TWX networks.
Rate Chart No. 2*
Between and Among Points in the Continental United States (CONUS),
Hawaii, Puerto Rico, Guam, American Samoa and
the U.S. Virgin Islands
CONUS Company ATT/TRT U.S.
and American Puerto PRCA Virgin
From: To: Hawaii Samoa Guam Rico Puerto Rico Islands
CONUS/Hawaii ** $5.01 $4.35 $2.52 $2.96 $2.96
Guam @ 4.20 1.61. 3.97 4.03 4.03
Puerto Rico # 4.93 4.09 1.61 2.49 2.49
* Two minute minimum applies and increments of one minute thereafter.
** These rates are shown in Rate Chart No. 1.
@ $4.27 per minute or fraction of a minute for calls destined to the CCI, FTCC, TRT, the Company, Graphnet and ATT telex or TWX networks.
# $2.44 per minute of fraction of a minute for calls destined to the CCI, FTCC, TRT, Company, Graphnet and ATT telex or TWX networks.
4.2.2 The following usage charges apply when a customer accesses the network via the public switched telephone network at the Company's expense:
(a) For communications within the
continental U.S. and Hawaii
and between the continental
U.S. and Hawaii to Rate per Minute or
subscribers of: Fraction of a Minute*:
All Other $2.72 per minute or Fraction
Common Carriers of a minute for calls destined
to the CCI, FTCC, TRT, Graphnet and ATT telex or TWX networks.
(b) For communications from
the continental U.S. and Rate per Minute or
Hawaii to: Fraction of a Minute:
American Samoa $5.16
Common Carriers 3.11
U.S. Virgin Islands 3.11
* Two minute minimum applies and increments of one minute thereafter.