Long Distance Voice Terms and Conditions of Service
1. APPLICATION OF TERMS AND CONDITIONS OF SERVICE
These Terms and Conditions of Service
IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, DO NOT USE THE SERVICE AND IMMEDIATELY CONTACT TELE-MEDIA SOLUTIONS’ CUSTOMER SERVICE TO CANCEL SERVICE.
From time to time, TMS shall offer special promotional offerings allowing special discounts or modifications of its regular service offerings to its Customers. Such offerings may be limited to certain dates, times, and locations.
TMS may modify these Terms and Conditions upon advance written notice to Customer. The most current version of these Terms and Conditions can be found on TMS’ web site at www.tele-mediasolutions.coop. By continuing to accept TMS’ service after the effective date of modifications,Customer agrees to the Terms and Conditions as modified.
When services and facilities are provided in part by TMS and in part by other companies, these Terms and Conditions apply to that portion of the service or facilities that it supplies.
2. UNDERTAKING OF TELE-MEDIA SOLUTIONS LONG DISTANCE [TMS LD]
TMS Long Distance provides voice interexchange telecommunications services, where authorized and where necessary arrangements exist with other providers, for telecommunications originating and terminating in the United States, or between the United States and international points. Service areas are subject to change. TMS Long Distance arranges for installation, operation and maintenance of the Service in accordance with these terms and conditions.
3. Changes to This Agreement.
Except where we have made a commitment to a rate for a specific period of time, which can be no longer than 30 days unless the agreement between us is in writing, our rates are subject to change at any time. The current rates are available at www.tele-mediasolutions.coop or by calling Customer Service. Except as otherwise provided in a written agreement between the Parties, we may amend or modify any term or condition of this Agreement. Your local telephone service provider may also modify its billing practices or late charges by providing you prior written notice of the modification.
Your acceptance of such change, or of the current rates posted at www.tele-mediasolutions.coop, is indicated by your continued enrollment in, or use of, our services. We will not provide advance notice of changes to taxes or surcharges unless required by law. No amendment or modification that you make of any term or condition will be effective against us unless it is signed by one of our authorized representatives.
4. Limitation on Service.
We offer service where the necessary facilities and equipment are available. We may decline applications for service to or from a location where these facilities or equipment are not available. We reserve the right to:
1. discontinue or limit service when required by conditions beyond our control or when service is used in violation of provisions in this Agreement or the law.
2. refuse to process Third Party Billed calls based on the originating or terminating location of the call or when the billed party and / or standard validation techniques cannot confirm acceptance of the call.
3. refuse to process Calling / Travel Card billed calls based on the originating location or when authorization cannot be validated.
4. limit service, or impose conditions required to meet regulatory or legal rules and standards, when the rules and standards have a material effect on the business or economic feasibility of providing service, as we determine in our reasonable judgment.
5. add, change or discontinue services at any time.
We are not liable for errors in transmission or for failure to establish connections. We may rely on third parties to provide portions of our service. We select the third party vendors and reserve the right to change the vendors at any time.
5. Assignment or Transfer.
We control all services provided under this Agreement directly or indirectly. Neither you nor the Aggregator may transfer or assign the use of service without our express prior written consent. We may permit such transfer or assignment only where there is no interruption of the service’s use or location. All terms and conditions of this Agreement and all conditions of the specific service apply to all such permitted transferees or assignees.
6. Your Access to Our Network.
To access our network from your pre-subscribed line to make Domestic and Extended Domestic Calls – Dial 1, + area code, + 7-digit local telephone number. International Calls – Dial 011, + country code, + city code, + telephone number.
To access our network to make Calling / Travel Card calls:
1. Dial our Calling / Travel Card Access Number.
2. At the first prompt, enter your Calling / Travel Card number and personal identification number (PIN).
3. At the second prompt:
o For calls within the U.S., dial the area code + 7-digit local telephone number.
o For International Calls from the U.S. or between international points, dial 011, + country code, + the city code, + telephone number.
7. Location of Service.
Interstate and international service is available on a presubscribed basis to Customers in the state of Indiana and certain other locations where we may be authorized to provide service. Interstate and international Calling / Travel Card service is available from all points in the United States and many other international points. (Please consult with Customer Service on Calling / Travel Card use and availability from international points.)
8. Use of Service.
You or any End User may use our service for any lawful purpose, subject to limitations and conditions imposed by any applicable government authority. You obtain no property right or interest in the use of any specific type of facility, service, equipment, number, process, or code. We retain all right, title and interest to such items at all times. Recording of telephone conversations on our services is prohibited except as authorized by applicable government authority.
9. If You Cancel Service.
Service will be provided until you cancel it or until we cancel it as described in Section 10. We may bill you after your service ends for charges incurred before termination. You may cancel your service by notice to us. If you have a written contract, notice must be in writing and you may be subject to liability for premature termination of the contract. If you cancel your service, you remain responsible for payment of all bills for service until the date specified by you or until your written cancellation notice is effective, whichever is later.
10. If We Cancel Service.
We may, after providing you written notice, either temporarily withhold service, or terminate service if there is an unpaid balance for service that is more than 30 days overdue. We may bill you after your service ends for charges incurred before termination. We may discontinue service to you without notice:
>1. for any violation of law or the provisions of this Agreement;
2. to comply with any order or request of any government authority having jurisdiction;
3. for unauthorized or unlawful use of Calling / Travel Card numbers and Personal Identification Numbers (PIN).
We may also temporarily withhold or terminate service with or without notice, if there is an unusually high volume of usage (before or after billing) where acceptable arrangements cannot be made to cover the charges. We may block access to overseas points when there is substantial fraudulent or unlawful use.
11. Restoration of Service.
If your service is stopped for nonpayment or other reasons and you want it restored, we will restore your service at our discretion when the past due amounts and any applicable security deposit and / or advanced payment are paid, or the reason for the service cancellation is corrected.
12. If You Cancel Your Service Application.
No cancellation charge applies if you cancel a service application prior to the start of service installation, or prior to the start of special construction. A charge may apply, however, if you cancel a service application after the start of installation or special construction. Cancellation charges may be specified in your written contract, if one is applicable. Otherwise, the cancellation charge will be equal to the costs we have incurred, but it will not be greater than the charge for the minimum period of service. In addition, applicable installation charges may apply.
13. Bill Payment, Late Payment Charges and Other Fees.
All calls may be subject to a minimum billing period based upon the individual service or calling plan, a service charge for operator handled calls and directory assistance calls, and / or a surcharge or alternate carrier charge for Calling / Travel Card calls. Service is provided and billed on a monthly basis. TMS LD, your local service provider, or another TMS LD affiliate or agent may issue your bill for TMS LD services.
Any payment made to Tele-Media Solutions will first be applied to Basic Charges listed on your telephone bill. The balance will be applied to Non-Basic Charges, including TMS LD intrastate, interstate and international long distance calling charges. Failure to pay Non-Basic Charges, including TMS LD interstate and international long distance calling charges, will result in termination of all Non-Basic Services.
The current amount of the possible late payment charges, interest or other fees is stated on your monthly telephone bill. These charges may change as set forth in Section 3. To avoid these charges, you must ensure that we receive full payment of the total amount due on your bill no later than the date shown on your bill. You may also be charged a fee for any check returned to us by your bank. In addition to these fees, we reserve the right to terminate this Agreement and Tele-Media Solutions reserves the right to terminate Basic and Non-Basic Services if you pay late or if your bank returns your check to us.
You are responsible for payment of all charges for service furnished to you, your agents, customers, or End Users. You must report any objections to billed charges promptly to our billing agent or us. The security of your Personal Identification Number (PIN) is your responsibility. All calls placed using your PINs will be billed to you and will be your obligation. You will not be responsible for charges in connection with the unauthorized use of your PINs that occur after you notify us of the loss, theft, or other breach of security of your PINs.
14. Disputed Bills.
If you think your bill is incorrect, call Customer Service. If the customer service representative cannot resolve your concerns, ask to speak with a manager.
The undisputed portion and subsequent bills must be paid on time, or your TMS LD service and other Non-Basic Services may be terminated. If after any review, Tele-Media Solutions believes that you owe the disputed charges, you will promptly pay the charges plus any applicable late payment charges and / or interest.
15. Deposits and Advanced Payments.
We and / or our billing agents reserve the right to examine your credit record and to require security deposits. If your financial condition is unknown or unacceptable, a security deposit may be required which will be applied to overdue charges. The security deposit will be equal to two months’ estimated usage but may vary with your credit history and projected usage. After 12 months, your account will be reviewed and if good credit has been established, the deposit will be refunded in full. The establishment of good credit requires that bills be paid on time each month. If your service has been discontinued for nonpayment, we may require a security deposit before service is restored. The fact that a security deposit has been made does not relieve you of the requirement to promptly pay your bill.
If your payment or usage patterns change, we may request an additional security deposit.
We and / or our billing agents reserve the right to require an advanced payment from you instead of, or in addition to, a security deposit. The advanced payment shall be equal to or less than estimated installation charges plus two months’ estimated billing.
16. Inspection, Testing and Adjustment.
Upon reasonable notice, facilities or equipment provided to you by us will be made available to us for tests and maintenance adjustments. We may interrupt service at any time, without penalty or liability, if you fail to provide access for such tests or due to the departure from, or the reasonable suspicion of the departure from, any of these terms and conditions. No interruption allowance will be granted for such tests and adjustments, unless the interruption exceeds twenty-four hours and you request the allowance.
Our service may be interconnected with services or facilities of other authorized common carriers and with private systems, subject to technicallimitations established by us. We do not undertake to provide any special facilities, equipment, or services for such interconnection. Our service is not part of a joint undertaking with such common carriers or systems. Such interconnection will be under the applicable terms and conditions of this Agreement and other common carriers’ agreements. You will ensure that your facilities or equipment are properly interconnected with our facilities or equipment. If you maintain or operate the interconnected facilities or equipment in a manner which results, or may result, in harm to our facilities, equipment, personnel, or the quality of service, we may, upon written notice, terminate your existing service.
18. Our Liability.
Our liability to you or any third party is limited. This limitation applies to any claim for injury or damage against us that relates to any problem with our service or anything that we did or failed to do relating to our service or this Agreement. Our liability is limited to an amount that is not more than what we charged you for our services for the period covered by your claim. We are not liable for any incidental, indirect, special or consequential damages, including lost revenue or profit of any kind whatsoever, regardless of their cause of foreseeability. We are not liable for interruptions, delays, errors, or defects in transmission.
We are not liable for service provided to you by Tele-Media Solutions or any other common carrier. We are not liable to you for any problem that is due to any cause beyond our control. Such causes include, without limitation, acts of God, third parties, nature, or a lawful authority, national emergencies, or labor difficulties. We are not liable for any injury caused by you, your agents, or by facilities or equipment provided by you.
19. Your Liability.
You shall indemnify, defend and hold us harmless (including reasonable attorney’s fees) against:
1. Claims for libel, slander, infringement of copyright or unauthorized use of any trademark, trade name or service mark arising out of the material, data, information, or other content transmitted over our facilities or equipment;
2. Claims for patent infringement arising from combining or connecting our facilities or equipment with facilities, equipment, apparatus or system used by you; and
3. All other claims (including claims for damage to any business or property, or injury to, or death of, any person) arising out of any act or omission by you, or your agents, End Users, or your customer, in connection with the use of any of our services, facilities or equipment.
20. Dispute Resolution.
Any dispute between the Parties will be resolved exclusively and finally by arbitration administered by and under the rules of the National Arbitration Forum (“NAF”). If the NAF ceases to exist, the Parties will agree on another arbitration forum. The arbitration will be conducted by a single arbitrator and will be limited solely to the dispute between us. The arbitration may not be consolidated with any other dispute or arbitration or conducted on a class-wide or class action basis. The arbitration will be held by an Indiana arbitrator. If you win the arbitration, we will reimburse any fees that you paid to the NAF for the arbitration. We will not pay any other costs or fees that you incur. You are not responsible to pay any of the fees we incur.
If either Party tries to bring a dispute in a forum other than the NAF, the arbitrator may award the other party its reasonable costs and expenses, including attorney’s fees, incurred in staying or dismissing the dispute. You understand that in the absence of these Section 20 provisions, you could have sued us in a court and you could have consolidated your dispute with other disputes on a class-wide or class-action basis. By accepting this Agreement, you have expressly and knowingly waived those rights and agreed to resolve any disputes through binding arbitration. The judgment of the arbitrator may be entered in any court having jurisdiction. Information concerning such arbitration may be obtained at the NAF website www.arb-forum.com, calling 800-474-2371 or writing P.O. Box 50191, Minneapolis, MN, 55405.
21. Taxes and Local Charges.
Federal excise tax, state and local sales, use, and similar taxes will be billed as separate line items. In certain instances, you may be subject to local exchange company charges or message unit charges to access our network or to terminate calls. TMS LD is not responsible for any of these local charges.
22. Obligations of the Aggregator.
When service is provided to the transient public through an Aggregator, the Aggregator must comply with the requirements of 47 U.S.C. § 226 and any access requirements or rules that the Federal Communications Commission (FCC) sets forth.
Aggregator means any person or entity that, in the ordinary course of its operations, makes telephones available to the public or to transient users for interstate telephone calls using the service of TMS LD. The term “you” or “yours” may also apply to an Aggregator.
Personal Identification Numbers are a pre-defined series of numbers that you or an authorized End User dial upon accessing our system to validate the caller’s authorization to use the services provided. Personal Identification Numbers may not be sold or distributed without our consent.
Basic Services are local services purchased from the local service provider. The charges for Basic Services appear on your monthly local service provider bill as Basic Charges. Also see Non-Basic Services.
Calling / Travel Card is a credit / charge card accepted by TMS LD for billing of TMS LD services. An approved local exchange carrier may issue Calling / Travel Cards. You are responsible for charges incurred through the use of your assigned Calling / Travel Card.
Customer means any person, firm, partnership, corporation or other entity that uses service under the terms and conditions of this Agreement and is responsible for payment of charges. Customer also includes the terms “you” and “yours.”
Customer Service is provided by Tele-Media Solutions to answer your questions. You can call Customer Service at 812-967-3171 or 877-967-3171.
End User means any person or entity that uses the service of TMS LD under these terms and conditions. The End User is responsible for payment unless you pay the charges for the service used.
International Calls are calls originating from and/or terminating to those areas, other than the U. S., Alaska, Hawaii, Saipan, Northern Mariana Island, Guam, Puerto Rico and U.S. Virgin Islands, to or from which TMS LD elects to provide service.
Interstate Calls are state-to-state calls originating from and terminating to any point in the U.S.
Intrastate Calls are calls originating and terminating to any point within the same state in the U.S.
Parties refers to you and TMS LD.
Non-Basic Services include, without limitation, inside wire maintenance, Internet service, telephone sets, video service and voice mail. The charges for Non-Basic Services appear on your monthly Telephone Company bill as Non-Basic Charges.
Third Party Billed Calls are calls made under a billing arrangement that allows charges to be billed to a telephone number that is different from the calling number and the called number.
United States or U.S. refers to the 48 contiguous United States.