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Pinpoint Communications Inc., hereinafter referred to as the Company, presents herein the contractual terms and conditions of its agreement for long distance services with its customers.
DEFINITIONS/DESCRIPTIONS
Calling Card Service - The issuance of a card by the Company to a customer to enable him/her to bill telephone calls to his/her account.
Direct Dial Service - 1+ outbound long distance service; minimum call duration is one minute; after the initial period, billing is in sixty (60) second increments
Directory Assistance Service - Provides published and non-listed telephone numbers to requesting customers.
Operator Services - Long distance service involving the services of a long distance operator.
Toll Free Service - The custom switched telecommunications service that permits toll free inward 8XX number calling to the subscribing customer's station.
Undertaking of the Company
The Company will provide access to Operator Services, as well as, provide Directory Assistance, Direct Dial Service, Calling Card Service and Toll Free Service (8XX) 24 hours per day, 7 days per week.
Use of Service
Neither customer nor their authorized users may use the service furnished by the Company for any unlawful purpose.
Credit and Deposit Requirements
The Company shall determine the credit standing of an applicant for service using standard credit checking methods and by referring to information about the applicant's prior telephone bill paying habits if the applicant has had service before or by referring to toll charges reasonably traced to the applicant but placed form the telephone of another if the applicant has not had service before. The Company may request that the customer make a cash deposit if the customer's credit history indicates that he/she is a credit risk. The Company may also request a deposit from those customers with unknown credit.
The amount of deposit required shall be at the Company's discretion. An increase in the deposit amount may be requested if increased usage or the customer's payment record warrants it. The initial deposit shall be received in the Business Office before service will be established for the customer.
The Company shall pay simple interest of 7% on a deposit, subject to the state law where service is received. Interest shall accrue following acceptance of the deposit, except that no interest need be paid on deposits help less than thirty (30) days.
In the case of residential service, the deposit and accrued interest shall be refunded upon request of the customer after twelve (12) consecutive months of payment by the bill due date and refunded automatically after twenty-four months of consecutive payment for the bill due date. in the case of business service, the deposit shall be refunded after thirty-six (36) consecutive months of payment by the bill due date. Deposits may be refunded sooner at the Company's option.
Cancellation for Cause
The Company, by written notice to the customer, may immediately cancel the application for or discontinue service to the customer without incurring liability for any of the following reasons:
- Nonpayment of any sum due to the Company for service more that 30 days beyond the due date;
- Use of service in a fraudulent or suspected fraudulent manner;
- A violation of or failure to comply with any regulation governing the furnishing of service; or
- An order of the court or other government authority having jurisdiction which prohibits the Company from providing service.
Payment of Charges
Direct Dial Service, Calling Card Service, Toll Free Service (8XX) and Directory Assistance charges will be billed in arrears and will appear on the customer's account statement. Prompt payment, as detailed on the statement shall be expected
Limitation of Liability
The liability of the Company for damages resulting in whole or in part from mistakes, omissions, interruptions, delays or other defects in the toll service provided shall not exceed its billed charges for the defective call or calls.
Neither the Company nor its officers, agents or employees will be liable for indirect, incidental, special or consequential damages.
The Company shall not be liable for any interruption, failure or degradation of service due in whole or part to causes beyond its control, including, but not limited to: act of God, fires, floods or other catastrophes; and law, order, regulation, directive, action or request of any instrumentality of the United States Government, or or any foreign, state or local government; any national emergence, insurrection, riot, war, strike or labor difficulty; any act or omission by any unrelated carrier or other entity affecting the facilities or equipment over which the Company's services are provided; any negligence by the customer or defects or failures of the customer's equipment; and any negligent acts or omissions of third parties.
The Customer will indemnify the Company against any and all liability, including reasonable counsel fees, arising from any claims against the customer for libel, slander, or infringement of copyright or trademark in connection with any material transmitted by the customer over the company's facilities, services or equipment.
Rate Information
From time to time, the Company may offer special promotions waiving the monthly rates or installation charges for certain features, services, or packages.
Rates and terms and conditions are posted on the Company's web site: www.pnpt.com and are available at the Company's office: 611 Patterson Street; Cambridge, NE 69022
Agreement Acceptance
Continued use of Pinpoint Long Distance denotes customer acceptance of agreement
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