Policies and Tariffs

 General Service Agreement

   

THANK YOU FOR USING THE SERVICES OF WESTEL, INC. (WESTEL).

BY ENROLLING IN, USING, OR PAYING FOR THE SERVICES, YOU AGREE TO THE PRICES, CHARGES, TERMS AND CONDITIONS IN THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE PRICES, CHARGES, TERMS AND CONDITIONS, DO NOT USE THE SERVICES, AND CANCEL THE SERVICES IMMEDIATELY BY CALLING WESTEL 1-800-580-5585.

Undertaking of the Company

Toll Service consists of furnishing retail communications services from an originating exchange service to a terminating exchange service area wherein such terminating exchange service area is not within the local calling scope of the originating exchange service area.

Service Agreement

Customers may be required to enter into written service orders which shall contain or reference the name of the Customer, a specific description of the service ordered, the rates to be charged, the duration of the services and the terms and conditions. Customers will also be required to execute any other documents as may be requested by the Company.

Description of Service

The Company provides toll telephone service for communications between and among various points.
The Company may act as the customer’s agent for ordering access connection facilities provided by other carriers or entities when authorized by the customer, to allow connection of a customer’s location to the Company network. The customer shall be responsible for all charges due for such service arrangements.
The Company’s services are provided on a monthly basis unless otherwise stated, and are available 24 hours a day, seven days a week.

Responsibilities of the Subscriber

The subscriber is responsible for placing all necessary orders; for complying with regulations; and for assuring that any users who access the Company’s services using facilities or equipment owned or controlled by the Subscriber complies with regulations. The subscriber shall ensure compliance with any applicable laws, regulations, orders or other requirements as they exist from time to time of any governmental entity relating to services provided to the subscriber by the Company. The subscriber is also responsible for the payment of charges for services originating from or billed to the Subscriber’s numbers or facilities either via direct or remote access and where the responsibility for charges for such services have not been accepted by another party prior to the provision thereof.
The subscriber is responsible for charges incurred for special construction and/or special facilities that the subscriber requests and which are ordered by the Company on the subscriber’s behalf.
If required for the provision of the Company’s services, the subscriber must provide any equipment, space, supporting structure, conduit and electrical power without charge to the Company.
The subscriber is responsible for arranging access to its premises at times mutually acceptable to the Company and the subscriber, when required for the Company personnel to install, repair, maintain, program, inspect or remove equipment associated with the provision of the Company’s Service.
The subscriber shall ensure that the equipment and/or system is properly interfaced with the Company’s facilities or services, that the signals emitted into the Company network are the proper mode, bandwidth, power, and signal level for the intended use of the subscriber and in compliance with the criteria set forth in this Agreement, and that the signals do not damage equipment, injure personnel, or degrade service to other subscribers. If the Federal communications Commission or other appropriate certifying body certifies terminal equipment as being technically acceptable for the direct electrical condition with interstate communications service, the Company will permit such equipment to be connected with its channels without the use of protective interface devices. If the subscriber fails to maintain the equipment and/or the system properly, with resulting harm to the Company’s equipment, personnel, or quality of service to other subscribers, the Company may, upon written notice, require the use of protective equipment at the subscribers expenses. If this fails to produce satisfactory quality and safety, the Company may terminate the subscriber’s service.
The subscriber must pay the Company for replacement or repair of damage to the equipment or facilities of the Company caused by the negligence or willful act of the subscriber, users, or others, by improper use of the services, or by use of equipment provided by subscribers, users, or others.
The subscriber must pay for the loss though theft of any the Company equipment installed at subscriber’s premises.

Responsibilities of the End User

The End User is responsible for compliance with the applicable regulations concerning use as set forth in this Agreement.

Limitations on Service

Service is offered subject to the availability of the necessary facilities and/or equipment and subject to the provisions of this Agreement.
The Company reserves the right to discontinue furnishing service when necessitated by conditions beyond its control, when the customer is using the service in violation of the provisions of this Agreement or in violation of the law, or when the Company deems it necessary to take such action to prevent fraud or other unlawful use of its Service.
Title to all equipment provided by the Company under these regulations remains with the Company. All regulations and conditions contained in this Agreement shall apply to all such permitted assignees or transferees, as well as all conditions of service.

Use of Service

Service may be used for the transmission of communications by the customer.
Service may not be used for any unlawful purpose.

Payment and Billing of Customers

Service to customers is provided and billed on a monthly basis. The Company will assign each new customer to a monthly billing cycle, and reserves the right to reassign billing cycles at any time. Customers initiating service after the start of a billing cycle will be billed at the next monthly billing cycle. Any minimum billing cycle usage, usage requirements and minimum billing usage charges shall be pro-rated based on 30 days per month in accordance with the number of days the Company’s service was capable of being utilized by a customer during a billing cycle. Billing is payable upon receipt. All bills will have a delinquent date of not less that twenty (20) days from the bill date. Late payment charges will accrue at a 5% interest rate. However, the Company may demand immediate payment under the following circumstances:
  • Where service is terminated or abandoned.
  • Where toll service is two (2) times greater than the customer’s average toll usage as reflected on the customer’s bills for the three (3) previous billing cycles, or, in the case of a new customer who has been receiving service for less than four (4) billing cycles, where the toll service is twice the estimated per billing cycle toll service.
  • Where the Company has reason to believe that a business subscriber will abandon service or bankruptcy is imminent for the subscriber.
  • When a bill for the immediately preceding billing cycle is issued and the subscriber continues to have an outstanding delinquency for payment twenty (20) days beyond the bill date.                       
  • The customer is responsible for payment of all charges for services provided by the Company to the customer’s location and/or facility. Charges for installation, removal, equipment, security deposits, moves and rearrangements are payable upon demand by the Company. The initial billing will include the charges, if any, for the first billing cycle’s minimum charges. Thereafter, charges for services rendered will be based on actual usage during a billing cycle will be billed each cycle in arrears.
  • If a customer has no usage for three consecutive billing cycles, the Company may: 1) stop sending such customer a bill until such customer uses the Company’s system, and/or 2) cancel such customer’s authorization code, if any. If the Company cancels such customer’s authorization code, it will be reinstated at the customer’s request if the customer complies with all of the Company’s then rules and regulations.
  • All applicable taxes, charges, exaction, fees or the like that must be paid to any governmental authority for the provision, use, consumption, or enjoyment of service and which may be charged directly to the customer will be separately stated on the customer’s bill and collected from the customer.
  • The name(s) of the customer(s) desiring to use the service must be set forth in the application for service.
  • If notice of a dispute as to charges is not received, in writing or by telephone, by the Company within twenty (20) days after a billing invoice is issued, the invoice shall be considered correct and binding on the customer.
  • In the event that a check of draft tendered to the Company by a customer or applicant is returned, a returned check fee will apply. The returned check fee will be addressed when a check or instrument of payment issued by a customer or applicant is returned without payment for any reason whatsoever, including without limitation unauthorized signature, missing or incorrect information, or insufficient or uncollected funds. The Company may waive the returned check fee upon presentation of documentary evidence by the customer that the return of the check was due to bank error. The amount of the returned check charge is $25.00

Contested Charges

For consideration of any disputed charge, a user may submit in writing to the Company, within twenty days of the date the bill is issued, the call detail and the basis for any requested adjustment. The Company will promptly investigate and advise the end user as to its findings and disposition. Any disputed charges must be paid on a timely basis.
The Company’s toll-free number for such requests is: 1-800-580-5585.
The parties will attempt in good faith to resolve any dispute arising out of or relating to this Agreement promptly through discussions between themselves at an operational level. In the event resolution cannot be reached, such dispute shall be negotiated between appointed counsel, directors or senior executives of the parties who have authority to settle the dispute. The disputing party shall give the other party written notice of the dispute and if the parties fail to resolve the dispute within sixty (60) days, either party may seek arbitration. All disputes arising out of or relating to this Agreement shall be finally settle by binding arbitration in Austin, Texas and shall be resolved under the laws of the State of Texas.

Billing Entity Conditions

When billing functions on behalf of the Company are performed by interexchange telephone companies, credit card companies or others, the payment of charge conditions and regulations of such companies apply, including any applicable interest and/or late payment charge conditions.

Cancellation by Customer

  • If the customer orders service requiring special facilities dedicated to the customer’s use and subsequently cancels his order before the service begins, before completion of the minimum period, or before completion of some other period mutually agreed upon by the customer and the Company, a charge will be made to the customer for the non-recoverable portions of expenditures or liabilities incurred expressly on behalf of the customer by the Company and not fully reimbursed by installation, removal, and per billing cycle charges. If, based on the order, any construction has either begun or been completed, but no service has been provided, the non-recoverable cost of such construction shall be borne by the customer.

Cancellation by the Company

Without incurring liability, the Company may discontinue service or cancel an application for service by written notice to the customer, upon the customer’s failure to comply with any rule or failure to remedy any deficiency for: 1) nonpayment of any sum due to the Company for more than twenty (20) days after the Company bill date; 2) any violation of regulation governing the services offered in this Agreement; 3) any violation of law, rule, regulation or policy of any governmental authority having jurisdiction over the service; 4) any order or decision of a court or other government authority having jurisdiction that prohibits the Company from furnishing such service; 5) the use of telephone service for any other location or purpose that that described in the customer’s application for service.
In addition the Company may refuse or discontinue service without notice in the event of 1) customer use of equipment in such a manner as to adversely affect the Company’s equipment or the Company’s service to others; 2) tampering with the equipment furnished and owned by the Company; or 3) unauthorized fraudulent use of service, the Company will, before restoring service, require the customer to make, at his own expense, all changes in facilities or equipment necessary to eliminate illegal use and to pay an amount reasonably estimated a the loss in revenues and any expenses resulting from such fraudulent use.

Inspection, Testing and Adjustment

The Company may upon reasonable notice, make such tests and inspections as may be necessary to determine whether the requirements of this Agreement are being complied with in the installation, operation, or maintenance of the customer or the Company’s equipment. The Company may interrupt the service at any time, without penalty to itself, because of departures from any of these requirements.
Upon reasonable notice, the facilities provided by the Company shall be made available to the Company for such tests and adjustments as may be necessary for their maintenance in a condition satisfactory to the Company. No interruption allowance will be granted for the time during which such tests and adjustments are made.

Interruption of Service

Credit allowances for interruptions of service that are not due to the Company’s testing or adjusting, to the negligence of the customer, or to the failure of channels, equipment and/or communications systems provided by the customer, are subject to the general liability provisions set forth herein. It shall be the obligation of the customer to notify the Company immediately of any interruption in service for which a credit allowance is desired. Before giving such notice, the customer shall ascertain that the trouble is not being caused by any action or omission of the customer within his control, or is not in equipment, if any, furnished by customer and connected to the Company’s terminal.

Restoration of Service

The use and restoration of service in emergencies shall be in accordance with the priority system specified in Part 64, Subpart D of the Rules and Regulations of the Federal Communications Commission.

Interconnection

Service furnished by the Company may be interconnected with services or facilities of other authorized communications common carriers and with private systems, subject to the technical limitations established by the Company. Service furnished by the Company is not part of a joint undertaking with such other carriers. Any special interface equipment or facilities necessary to achieve compatibility between facilities of the Company and other participating carriers shall be provided at the customer’s expense.
The customer is responsible for taking all necessary legal steps for interconnecting his customer-provided terminal equipment or communications systems with the Company’s facilities. The customer shall secure all licenses, permits, rights-of-way, and other arrangements for such interconnection.

Indemnification

Each party shall indemnify, defend, release and hold harmless the other party from and against any action, claim, court cost, damage, demand, expense, liability, loss, penalty, proceeding, or suit, together with related attorneys fees and costs, (collectively "Claims") for damage to property or personal injuries including death, as a result of intentional negligent act or omission on the part of the indemnifying party in connection with the performance of this Agreement or other activities relating to the service, the property, or the facilities which are subject of this Agreement. In the event that a Claim relates to the negligence of both parties, the relative burden of the Claim shall be attributed equitably between the parties in accordance with the principles of comparative negligence.
The term "property" shall include real, personal, tangible and intangible property, including but not limited to, data, proprietary information, intellectual property, trade secrets, trademarks or service marks, licensing agreements, copyrights, patents and knowledge.
The term "personnel injuries" shall also include claims of liable, slander or invasion of privacy, arising directly or indirectly out of the provision of Service pursuant to this Agreement.
In the event any action is brought against the indemnified party, such party shall immediately notify the indemnifying party in writing, and the indemnifying party, upon request, shall assume the cost of defense on behalf of the indemnified party. The indemnified party shall pay all expenses incurred and satisfy all judgments rendered against the indemnified party, provided that the indemnified party shall not be liable for any settlement effected without its written consent.
The indemnification section shall survive termination of this Agreement, regardless of the reason for termination.

 

Limitation of Liability

In no event will the Company be liable to the customer for any indirect, special, incidental, consequential, exemplary, or punitive loss or damage of any kind, including lost profits (whether or not the Company has been advised of the possibility of such loss or damages) by reason of any act or omission in its performance under this Agreement.
Except as provided otherwise in this Agreement, the Company shall not be liable to the customer or any person, firm or entity for any failure of performance hereunder if such failure is due to any cause or causes beyond the reasonable control of the Company. Such causes shall include without limitation, acts of God, fire, explosion, any law, order, regulation, direction, action or request of the United States Government or any other government or military authority, national emergencies, insurrections, riots, wars, strikes, lockouts or work stoppages, breaches or delays, or preemption of existing services to restore service in compliance with the FCC’s Rules and Regulations.
The Company is not liable for any act or omission of any other company or companies furnishing a portion of the service, facilities or equipment associated with such service.
Westel’s liability arising out of the provision of services, delays in the restoration of services, or arising out of mistakes, accidents, omissions, interruptions, errors or defects in transmission, shall be subject to the limitations set forth in this Agreement. In no event shall the Company be liable to the customer, customer’s own customers, or any third party with respect to the subject matter of this Agreement under any contract, warranty, negligence, strict liability, or other theory for any type of indirect, consequential, incidental, reliance, actual, special or punitive damages, for any lost profits, lost revenues, lost savings or any kind, arising out of or relating to this Agreement whether or not the Westel customer was advised of the possibility of such damages and whether or not such damages were foreseeable. In no event shall Westel be liable to customers for any amount in excess of the aggregate amount Westel has, prior to such time, collected from customer with respect to service delivered hereunder.
The Company shall not be liable for, and shall be fully indemnified and held harmless by customer against any claim or loss, expense or damage, including indirect, special or consequential damage, 1) for defamation, invasion of privacy, infringement of copyright patent, unauthorized use of any trade mark, trade names, 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 from the material, data, information, or content revealed to, transmitted, processed, handled, or used by the Company under this Agreement; or 2) for connecting, combining, or adapting the Company’s facilities with customer’s apparatus or systems; or 3) for any act or omission of the customer; or 4) for any personal injury or death of any person or for any loss of or damage to customer’s premises or any other property, whether owned by the customer or others, caused directly or indirectly by the installation, maintenance, location, condition, operation, failure, or removal of equipment or wiring provided by the Company, if not directly caused by negligence of the Company. No agent or employee or any other carrier shall be deemed to be an agent or employee of the Company.
The Company shall not be liable for any charges or costs incurred by customer for use of another Carrier’s services whether caused by failure of the Company’s equipment or service or otherwise.

Terminal Equipment

The Company’s facilities and service may be used with or terminated in customer-provided terminal equipment or customer-provided communications systems, such as teleprinters, handsets, or data sets. Such terminal equipment shall be furnished and maintained at the expense of the customer, except as otherwise provided. The customer is responsible for all costs at his premises, including customer personnel, wiring, electrical power, and the like, incurred in the use of the Company’s service.
When such terminal equipment is used, the equipment shall comply with the minimum protective criteria set forth in Subpart B of the Federal Communications Commission’s Rule (47 C.F.R. 68.100 – 68.110) and shall not interfere with service furnished to other customers. These rules require that terminal equipment either be registered in accordance with FCC rules or connected through registered protective circuitry. Additional protective equipment, if needed, shall be employed at the customer’s expense.
The customer shall also comply with the minimum protective criteria generally accepted in the telephone industry and another appropriate criteria as may be prescribed by the Company. The customer shall ensure that his terminal equipment is properly interfaced with the Company’s facilitates, and are of proper mode, bandwidth, power, data speed, and signal level for the intended use of the customer, and the signals do no damage the Company’s equipment, injure personnel or degrade service to other customers.
If the customer fails to maintain and operate his terminal equipment properly, resulting in the occurrence or possibility of harm to the Company’s equipment, personnel, or the quality of service to other customers, the Company may, upon written notice, require the use of protective equipment at the customer’s expense. If this fails to produce satisfactory quality and safety of service, the Company may, upon written notice, terminate the customer’s service.
The customer shall not remove, dismantle, modify, repair or otherwise tamper with any of the Company-owned terminal equipment, microprocessors or microprocessor call accounting system (the "Company Equipment".) Customer shall be liable for any loss or damage to the Company Equipment from fire, flood, storm, negligence, or other actions of the customer or any third party, or from any cause whatsoever, other that the actions of the Company, normal wear and tear resulting from the proper use of the Company Equipment excepted. The customer shall, at reasonable times, provide the Company access to its premises for the purpose of installing, maintaining, inspecting and removing Company equipment.

Taxes and Additional Surcharges

All state and local taxes (i.e., gross receipts tax, sales tax, excise tax, municipal utilities tax) are listed as separate line items and are not included in the quoted rates listed herein.
The Company may adjust its rates and charges or impose additional rates and charges in order to recover amounts it is required or permitted by governmental or quasi-governmental authorities to collect from other or pay to other in support of statutory or regulatory funds or programs (government charges). Examples of such Governmental Charges include, but are not limited to, Universal Service funding, utility and other fees imposed on communications providers such as end user common line charges, carrier access charges and compensation payable to payphone service providers for use of their payphones to access the Company’s service.

Assurances

Westel shall, at its sole discretion obtain Security Deposits and place Credit Limits on a customer’s account. The Credit Limit shall generally be three (3) times the customer’s estimated monthly usage. The Security Deposit shall generally be equal to nine (9) times the customer’s estimated monthly usage. If at any time during the term of this Agreement there is a material and adverse change in Customer’s financial condition or payment history, as determined in Westel’s sole discretion, then Westel may increase the amount of deposit (the "Security Deposit"), pursuant to Westel’s standard procedures, as security for the full and faithful performance of customer of the terms, conditions, and covenants of this Agreement.

Governing Law

This Agreement shall be governed by the laws of the State of Texas without regard to its principles of choice law.

Waiver of Breach not Deemed Continuing

The waiver by either party of a breach or violation of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach hereof.

Bankruptcy

In the event of the bankruptcy or insolvency of either party, or if either party makes an assignment for the benefit of creditors, or takes advantage of any act or law for relief of debtors, the other party shall have the right to terminate this Agreement without further liability or obligation.

Business Relationship

This Agreement shall not create any agency, employment, or joint venture, partnership, or fiduciary relationship between the parties. Neither party shall have the authority to, nor shall either party attempt to, create and obligation on behalf of the other party.

Assignments and Waivers

Customers may not modify or assign this Agreement. In its sole discretion, the Company may assign this Agreement.
  • No waiver of this Agreement or any of its terms and conditions is valid.

Disclaimer of Warranties

Unless otherwise provided, Westel makes no warranty to customers or any other person or entity, whether express, implied, or statutory, as to the description, quality, merchantability, completeness, or fitness for any purpose of any service provided hereunder or described herein, or as to any other matter, all of which warranties by Westel are hereby excluded and disclaimed. For purposes of this section, the term "Westel" shall be deemed to include Westel, Inc., its affiliates, shareholders, directors, officers and employees, and any person or entity assisting Westel in its performance pursuant to this Agreement.

Subject to Law

This Agreement is subject to, and customer agrees to comply with, all applicable federal and state laws and regulations, rulings and orders of governmental agencies, including but not limited to, the Commissions Act of 1934, The Telecommunications Act of 1996, The Rules and Regulations of the Federal Communications Commission (FCC) and state and public utility or service commissions (PSC), tariffs and the obtaining and continuance of any required certification, permit, license, approval, or authorization of the FCC and PSC or any governmental body, including but not limited to regulations applying to Letters of Agency (LOA).

FCC Permits, Authorization and Filings

Westel shall take all necessary and appropriate steps to procure the necessary authorizations and approvals, if any, from the FCC or any other federal or state agency required to deliver the Services hereunder to the Customer. In the event that Westel cannot obtain all necessary federal, state, or local authority to provide the Services hereunder, Westel shall promptly give written notice to Customer and such notice shall constitute termination of this Agreement without further liability or obligation of either party.

Confidential Information

During the term of this Agreement and for two years thereafter, neither party shall disclose any terms or pricing contained in this Agreement or any confidential information disclosed by the other party. Confidential information shall remain the property of the disclosing party and shall be labeled as either "Confidential" or "Proprietary".

Force Majeure

Westel shall not be liable for any failure of performance hereunder due to causes beyond reasonable control including, but not limited to: acts of God, fire, explosion, vandalism, cable cut, flood, storm, or other similar catastrophe; any law, order, regulation, direction, action or request of the United States government or any governmental, judicial, regulatory, or civil or military authority having jurisdiction over the parties; national emergencies; insurrections; riots; wars; or strikes, lock outs, or work stoppages.

Survival

The covenants and Agreements contained in this Agreement with respect to payment of amounts due, confidentiality, liability and indemnification shall survive termination of this Agreement, regardless of the reason of termination. The rights and obligations under this Agreement shall survive any merger or sale of either party and shall be binding upon the successors and permitted assigns of each party.

Obligations Several and Not Joint

Each party shall be responsible only for its own performance under the Agreement (including any attachments, exhibits, schedules or agendas) are not for that of any other party.

 

Cancellation

  • If the customer either voluntarily cancels their account or if the Company cancels your service for any reason set forth above, the Company will have no obligation whatsoever to assist you in any respect in switching from the Company to another carrier.

 

DESCRIPTION OF SERVICES

Timing of Calls

The customer’s usage charge is based on the actual usage of the Company’s network. A call is terminated when the switch determines the calling party hangs up.

Calculations of Distance

Usage charges for all mileage sensitive products are based on the airline distance between rate centers associated with the originating and terminating points of the call. The airline mileage between rate centers is determined by applying the formula below to the vertical and horizontal coordinates associated with the rate centers involved. The Company uses the rate centers and associated vertical and horizontal coordinates that are produced by Telecordia Technologies in their NPA-NXX V&H Coordinate Tables.

General Description of the Company’s Long Distance Communication Services

There are two types of "customer-billed" services offered to the Company customers in this Agreement: Common shared access switched service hereinafter referred to as Message Toll Service or MTS, and 800 Travel Service. The customer’s total monthly use of the Company’s service is charged at the applicable rates per minute set forth herein and may be based on the airline mileage between the points. The applicable rates for these services are set forth below.
 

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COPYRIGHT 2006 WESTEL INC TELECOMMUNICATIONS.  ALL RIGHTS RESERVED

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