Domestic and International Long-Distance Terms and Conditions
Smart City Telecommunications LLC d/b/a Smart City Telecom (the “Company”), with principal offices at 3100 Bonnet Creek Road, Lake Buena Vista, Florida and mailing address of P.O. Box 22555, Lake Buena Vista, Florida 32830-2555, offers and provides interLATA and interstate domestic long distance telecommunications services (“Domestic LD Services”) and international long distance telecommunications services (“International LD Services”)(collectively, the “Services”) to Subscribers who pay for the Services at the rates, and under the terms and conditions stated herein, and as the rates, terms, and conditions may be modified by the Company from time to time. As used herein, “you” or “your” refers to the individual or entity using or paying for the Services. YOUR USE OF THE COMPANY’S SERVICES CONSTITUTES YOUR ACCEPTANCE OF THESE RATES, TERMS AND CONDITIONS.
SECTION 1 – TECHNICAL TERMS AND ABBREVIATIONS
Access Line – an arrangement which connects the Subscriber’s location or premises to a Company network switching center.
Domestic LD Services – interLATA and interstate long distance telecommunications services for communications originating and terminating between locations or points within the contiguous United States of America, Alaska, Hawaii, Puerto Rico, and the U.S. Virgin Islands.
International LD Services – long distance telecommunications services for communications originating from locations or points in the contiguous United States of America and terminating to certain foreign or overseas points or locations identified herein.
Subscriber – the person, firm, corporation or other entity which orders Services from the Company and is responsible for payment of charges due and compliance with the Company’s regulations governing the provision of the Services.
SECTION 2 – RULES AND REGULATIONS
2.1. Undertaking of the Company
Company’s Services and facilities are furnished to Subscribers under and pursuant to the terms and conditions stated herein, subject to the availability of facilities and subject to transmission, atmospheric and like limitations. Calls to a foreign country or area, or calls routed through a foreign country or area, are subject to such restrictions as may be enforced from time to time by the authorities in that country or area.
Company installs, operates, and maintains the communications Services provided hereunder in accordance with the terms and conditions set forth herein. Company may act as the Subscriber’s agent for ordering access connection facilities provided by other carriers or entities when authorized by the Subscriber, to allow connection of a Subscriber’s locations to the Company’s network. The Subscriber shall be responsible for all charges due for such service arrangement.
2.2. Availability and Use of Service; Limitations
2.2.1. The Company’s Services and facilities are provided on a monthly basis unless ordered by the Subscriber on a longer term basis, if available. Subject to the availability of the necessary facilities and equipment, subject to transmission and like conditions, and subject to these terms and conditions, Services are available for your use 24 hours a day, seven (7) days a week.
2.2.2. You may use the Services for any lawful purpose for which the Services are technically suited. Any unlawful use of the Services by you is strictly prohibited and may be grounds for immediate termination of your Services by Company. The Company reserves the right to discontinue furnishing Services to you, or limit the use of Services to you necessitated by conditions beyond its control, or when the Subscriber is using Services in violation of the law or these terms and conditions which constitute a binding contract between you and the Company.
2.2.3. The Company does not undertake to transmit messages, but offers the use of its Services when available, and will not be liable for errors in transmission or for failure to establish connections. The Company reserves the right to discontinue Services, limit Services, or to impose requirements on you as required to meet changing regulatory or statutory rules and standards, or when such rules and standards have an adverse material affect on the business or economic feasibility of provided Services, as determined by the Company in its reasonable judgment.
2.3. Transfer or Assignment of Services
2.3.1. All facilities provided hereunder are directly controlled by the Company and the Subscriber may not transfer or assign the use of Services or facilities, except with the express written consent of the Company. Such transfer or assignment shall only apply where there is no interruption of the use or location of the Services or facilities.
2.3.2. Prior written permission from the Company is required before any assignment or transfer of Services by you. All regulations and conditions contained in these terms and conditions shall apply to all such permitted assignees or transferees, as well as all conditions for Services.
2.4. Liability of the Company; Indemnity
2.4.1. The liability of the Company, if any, for damages arising out of mistakes, interruptions, omissions, delays, errors, or defects or failures in the transmission (“Service Problems”) which occur in the course of furnishing Services or facilities, whether or not caused by the negligence of the Company, its employees, its agents, or otherwise, in no event shall exceed an amount equivalent to the proportionate charge to the Subscriber for the period during which the aforementioned faults in transmission occur, and shall be expressly limited to credit allowances for interruption of Services.
- You hereby acknowledge that you are the owner of and/or Subscriber for your telephone line(s) and/or telephone system(s) and as such that you are responsible and liable for access to and the security of your telephone line(s) and/or telephone system(s), and are responsible to prevent unauthorized access by or through it or them. You further acknowledge that any and all fraudulent toll and/or long distance charges, abuse or misuse of the Services, whether known or unknown, and whether or not the Company takes any actions to stop or block any toll and/or long distance fraud that occurs through your telephone line(s) and/or telephone system(s), are your responsibility and liability, and not that of the Company.
- In no event is the Company liable to any person for any cost, claim or loss, expense or damage (including indirect, special or consequential damage) or harm whatsoever arising from: (a) your negligence or willful act; (b) the attachment or use of any equipment or wiring by you which you use in conjunction with the Services; (c) any interruption, delay, error, omission, or defect in any Services, facility or transmission provided, if caused by any person or entity other than the Company; (d) any use or malfunction of any services or facilities provided by any other carrier used by the Company in rendering the Services to you; (e) errors or omissions associated with your telephone number or listing information provided via directory assistance; or (f) any acts beyond the control of the Company including, but not limited to: (i) acts of God, riots, fire, flood, war, civil disturbance or other catastrophe; (ii) any law, regulation, directive, order to request or act of any federal or state governmental authority or agency having jurisdiction over the Company. Under no circumstances whatsoever will the Company or its officers, agents, or employees be liable for indirect, incidental, special, punitive, exemplary, or consequential damages.
- The Company shall not be liable for, and shall be fully indemnified and held harmless by you, and any of your customers, end users and subscribers against any and all claims or losses, expenses, or damages, of every kind (including specifically indirect, special or consequential damages) for defamation, libel, slander, invasion, infringement of copyright or patent, unauthorized use of any trademark, trade name or service mark, unfair competition, interference with or misappropriation or violation of any contract, proprietary or creative right, or any other injury to any person, property or entity arising out of the material, data, information, or other content revealed to, transmitted, or used by the Company; or for any of your acts or omissions or those of, our customers, end users, or subscribers; or for any personal injury or death of any person caused directly or indirectly by the installation, maintenance, location, condition, operation, failure, presence, use or removal of equipment or wiring provided by the Company, if not directly caused by negligence of the Company; or for any defacement of or damages to your premises, or those of any of your customers, end users, or subscribers, resulting from the furnishing of Services which is not the direct result of the Company’s negligence.
- You agree to indemnify and hold harmless the Company for any liability with respect to any and all claims and damages, of every kind (including specifically indirect, special or consequential damages), arising from your use of the Services. Your indemnification of the Company also extends to: (a) any claims or damages arising out of or attributed, directly or indirectly, to Service Problems; (b) any claims or damages of the owner of your premises, or your equipment; or (c) any other third party claims and damages.
2.5. No Warranties
EXCEPT AS MAY BE EXPRESSLY SET FORTH HEREIN, THE COMPANY MAKES NO WARRANTIES EXPRESS OR IMPLIED WITH RESPECT TO THE PROVISION OF ITS SERVICES, AND EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
2.6. Billing Disputes
Any objection to billed charges should be promptly reported to the Company. Adjustments to Subscriber’s bills shall be made to the extent that records are available and/or circumstances exist which reasonably indicate that such charges are not in accordance with approved rates or that an adjustment may otherwise be appropriate.
2.7. Interruption of Services
2.7.1. Where applicable to the Services being provided, credit allowance for the interruption of Services which is not due to the Company’s testing or adjusting, negligence of the Subscriber, or to the failure of channels or equipment provided by the Subscriber, are subject to the general liability provisions set forth in 2.4. hereinabove. It shall be the obligation of the Subscriber to notify the Company immediately of any interruption in Services for which a credit allowance is desired. Before giving such notice, the Subscriber shall ascertain that the trouble is not being caused by any action or omission by the Subscriber within his control, or is not in wiring or equipment, if any, furnished by the Subscriber and connected to the Company’s facilities. No refund or credit will be made for the time that the Company stands ready to repair the Services and the Subscriber does not provide access to the Company for such restoration work.
2.7.2. For purposes of credit computation, every month shall be considered to have 720 hours.
2.7.3. No credit shall be allowed for an interruption of a continuous duration of less than (24 hours after the Subscriber notifies the Company.
2.7.4. The Subscriber shall be credited for an interruption of more than 24 hours as follows.
Credit = A/720 x B
“A” – outage time in hours
“B” – total monthly charge for affected facility
2.8. Restoration of Service
The use and restoration of Services shall be in accordance with the priority system specified in part 64, Subpart D of the Rules and Regulations of the Federal Communications Commission.
The Company may require a deposit from the Subscriber in an amount as the Company reasonably determines is necessary.
2.10. Advance Payments
For Subscribers from whom the Company feels an advance payment is necessary, the Company reserves the right to collect, at a minimum, an amount equivalent to one (1) month’s estimated charges as an advance payment for Services. This will be applied against the next month’s charges and if necessary, a new advance payment will be collected for the next month.
2.11. Disconnection of Services by Company
The Company, upon five (5) days written notice to the Subscriber, may discontinue Services or cancel an application for Services without incurring any liability for any of the following reasons:
2.11.1. Non-payment of any sum due to Company for Services for more than 30 days beyond the date of rendition of the bill for such Services.
2.11.2. A violation of any regulation governing the Services under these terms and conditions.
2.11.3. A violation of any law, rule, or regulation of any government authority having jurisdiction over such Services.
2.11.4. The Company has given the Subscriber notice and has allowed a reasonable time to comply with any rule, or remedy, and deficiency.
2.11.5. Services may be disconnected without notice for tampering with Company equipment, for interfering with the service to other subscribers or customers, for fraud, or in the event of a hazardous condition.
2.12. Taxes, Fees, and Surcharges
In addition to the monthly recurring and/or per call charges for the Services, you are also responsible for paying all applicable federal, state, and local use, excise, sales, privilege or communications service taxes, and all fees chargeable to or against the Company as a result of its provision of Services to you, which are listed as a separate line item on Subscriber bills and are not included in the quoted rates.
SECTION 3 – DESCRIPTION OF SERVICES
3.1. Timing of Calls
3.1.1. When Billing Begins and Ends for Company Long Distance Service Calls
The Subscriber’s long distance usage charge is based on the actual usage of the Company’s network. Usage begins when the called party picks up the receiver (i.e. when two-way communication, often referred to as “conversation time” is possible). When the called party picks up is determined by hardware answer supervision in which the local telephone company sends a signal to the switch or the software utilizing audio tone detection. When software answer supervision is employed, up to 60 seconds of ringing is allowed before it is billed as usage of the network. A call is terminated when either party hangs up.
3.1.2. Billing Increments
The minimum call duration for Smart City Domestic LD service billing purposes is 30 seconds for a connected call and calls beyond 30 seconds are billed in six (6) second increments. The minimum call duration for Smart City International LD service billing purposes is one (1) minute for connected calls and call are billed in one (1) minute increments. No minimum monthly billing requirements apply.
3.1.3. Per Call Billing Charges
Billing will be rounded up to the nearest penny for each call.
3.1.4. Uncompleted Calls
There shall be no charges for uncompleted calls.
3.2. Services Offerings
3.2.1. Smart City Long Distance Services
Smart City Long Distance Services are offered by the Company to residential and business Subscribers. Services are provided from presubscribed, dedicated or shared use Access Lines. The Services permit direct dialed outbound calling under the options below:
A. Residential – Domestic Interstate Long Distance Services Plan (at a per minute rate)
Subscribers must subscribe to Company’s Residential Access Line service and select the Company as their long distance carrier. The Services under this plan are offered on a per call basis, with no monthly minimums. This Services plan provides Subscribers with unlimited local calling and includes access to International LD service calling at regular rates.
B. Residential – 500 Minute Plan
Subscribers must subscribe to Company’s Residential Access Line service and select the Company as their long distance carrier. This bundled service plan provides the Subscriber with one (1) residential Access Line equipped with many custom calling features, unlimited local calling, 500 minutes of domestic Interstate LD Service calling on a monthly basis and includes access to International LD service calling at regular rates.
C. Residential – Unlimited Plan
Subscribers must subscribe to Company’s Residential Access Line service and select the Company as their long distance carrier. This bundled service plan provides the Subscriber with one (1) residential Access Line equipped with many custom calling features, unlimited local calling, unlimited minutes of domestic Interstate LD Service calling on a monthly basis and includes access to International LD service calling at regular rates.
D. Business – Domestic Interstate Long Distance Services Plan (at a per minute rate)
Subscribers must subscribe to Company’s Business Access Line service and select the Company as their long distance carrier. The Services under this Plan are offered on a per call basis with no monthly minimums. This Services plan does provide Subscribers with unlimited local calling and includes access to International LD service calling at regular rates.
E. Discounted International LD service calling rates are available for an additional monthly recurring charge.
SECTION 4 – RATES
4.1. Rates and Charges
Current rates for the Services are located at www.smartcitytelecom.com. The Company reserves the right to make price changes for Services or changes in these terms and conditions from time to time upon providing reasonable advance notice by any reasonable commercial method including, but not limited to, posting such notice at the front of these terms and conditions which are located on the Company’s website (www.smartcitytelecom.com). You agree that you will be bound by any change in these rates, terms and conditions for the Services unless you cancel your Services prior to the effective date of the change. The Company maintains updated rates, terms, and conditions for the Services on its website at www.smartcitytelecom.com.
4.2. Determining Applicable Rate in Effect
For a connected Domestic LD call, the minimum call duration for billing purposes is 30 seconds and calls beyond 30 seconds are billed in six (6) second increments, at the rates specified at www.smartcitytelecom.com.
For a connected International LD call, the minimum call duration for billing purposes is one (1) minute and calls are billed in one (1) minute increments, at the rates specified at www.smartcitytelecom.com.
4.3.1. Once Services are activated, you are responsible for payment of all charges associated with the Services and any equipment furnished to you by the Company.
4.3.2. Late Payment Charges
A Late Payment Charge of 1.5% per month will be assessed on all unpaid balances more than 30 days past due.
4.3.3. Return Check Charge
A return check charge of $38.00 will be assessed for any Subscriber check or other payment returned to the Company for insufficient funds.
4.4. Restoration of Services
A Services reconnection fee of $19.40 per occurrence will be charged when Services are re-established at the Subscribers request for Subscribers who have been disconnected for non-payment.