The following terms and conditions (including pricing) apply to all SCA Guide Type 1 arrangements. Unless modified by the following, all terms and conditions (including pricing) provided for elsewhere in this Guide (or in any applicable tariff) apply.
1. Term and Renewal Options: Prior to March 1, 2004, Customer must commit to a service term of either one or two years (Initial Term). At the expiration of the Initial Term, an SCA Guide Type 1 service will automatically be renewed on a month-to-month basis (Extended Term), unless the Customer provides written notification to terminate the service, which notice must be received by the Company at least sixty (60) days before the end of the Initial Term. Either the Customer or the Company may terminate service during the Extended Term by serving at least sixty (60) days prior written notice upon the other party.
2. Description of Service: SCA Guide Type 1 service will consist of Long Distance Voice Services, Audio Conferencing, U.S. Private Line Services, Frame Relay Services, Net Conferencing, access service, and Internet Dedicated Services.
3. Minimum Volume Requirement: A Customer must commit to a Monthly Minimum Volume Requirement (MVR) of $100 of total service charges for each monthly billing period during the Initial or Extended Term. For purposes of this SCA Type, “total service charges” are all charges applied under this SCA Guide Type 1 after the application of all discounts, except that such Charges shall not include taxes, tax-like charges and tax-related surcharges, charges for equipment and collocation, charges incurred for goods or services where the Company or an affiliate acts as agent for the Customer in the acquisition of goods or services, non-recurring charges and other governmental charges.
4. Rates and Charges: Except as set forth in this Section, rates established elsewhere in this Guide, as these may be amended from time to time, will apply.
4.1 On-Net Voice Services:
4.1.1 Domestic Service: The Customer will be charged the following per-minute rates for Long Distance Voice Services Option A Outbound Service; for Calling Card usage that originates in the U.S. Mainland and Hawaii and terminates in the U.S. Mainland, Alaska, Hawaii, Puerto Rico, the U.S Virgin Islands, American Samoa, Guam, and CNMI; and for Long Distance Voice Services Option A Inbound Service usage that originates in the U.S. Mainland, Alaska, Hawaii, Puerto Rico, the U.S Virgin Islands, American Samoa, Guam, and CNMI and terminates in the U.S. Mainland and Hawaii. Rates are based on origination type for Outbound Service and termination type for Inbound Service, and the service term to which the Customer has committed:
|
Service Type |
Term of Service/ |
|
|
Origination Type (Outbound Service)/ |
Per-Minute Rate |
|
|
Termination Type (Inbound Service) |
1 Year |
2 Years |
|
|
|
|
|
Switched |
$0.1827 |
$0.1727 |
|
Dedicated/Local Network Connection |
$0.1242 |
$0.1142 |
4.1.2 International Service: The Customer will be charged the following per-minute rates for On-Net Voice Services Outbound Service, including Calling Card, usage which originates in the U.S. Mainland, Hawaii, the U.S. Virgin Islands, and American Samoa, and terminates in the following locations, based on origination type:
4.2 Private Line: The Customer will be charged the following monthly recurring rates for DS0 (DIGITAL SIGNAL LEVEL 0) and DS1 (DIGITAL SIGNAL LEVEL 1) ordered and installed during the Initial Term, based on circuit type, Mileage Band and the service term to which the Customer has committed:
Term of Service/Monthly Recurring Rate
1 Year 2 Year
Circuit Type 1 - 500 501 - 1000 1001+ 1 - 500 501 - 1000 1001+
DS-0 $300 $ 400 $ 500 $250 $ 350 $ 450
DS-1 900 1,400 2,200 850 1,300 2,000
4.3 Access: The Customer will be charged the following monthly recurring charges for DDS Local Access (DDS), DSO (Hubless) Access (DS0) and/or T-1 Digital Access local access circuits ordered during the Initial Term, based on the location of the terminating Customer Premises, circuit type, access type, standard monthly recurring per-circuit Local Access Channel charges, and length of service term:
The following charges apply for DSO circuits in all locations:
Access Type/Standard Monthly Recurring Charges/
Term of Service/Monthly Recurring Charge
Type 1 Type 3
All Standards Rates <$300.00 $300.01+
1 Year 2 Year 1 Year 2 Year 1 Year 2 Year
$100.00 $95.00 $150.00 $142.50 $200.00 $190.00
The following charges apply for DS1 circuits with terminating Customer Premises located in all states except Ohio, Illinois, Indiana, Minnesota and Wisconsin:
Access Type/Standard Monthly Recurring Charges/
Term of Service (Years)/Monthly Recurring Charge
Type 1 Type 3
All Standard Rates <$600.01 $600.01 - $1,000.00 $1,000.01 - $1,500.00 $1,500.01+
1 2 1 2 1 2 1 2 1 2
$190.00 $180.00 $237.50 $225.00 $332.50 $315.00 $475.00 $450.00 $712.50 $675.00
The following charges apply for DS1 circuits with terminating Customer Premises located in Ohio, Illinois, Indiana, Minnesota and Wisconsin:
Access Type/Standard Monthly Recurring Charges/
Term of Service (Years)/Monthly Recurring Charge
Type 1 Type 3
All Standard Rates <$1,000.01 $1,000.01 - $1,500.00 $1500.01+
1 2 1 2 1 2 1 2
$190.00 $180.00 $237.50 $225.00 $475.00 $450.00 $712.50 $675.00
For purposes of this SCA Type, the following definitions apply:
Type 1 access is service provided entirely via the Company’s or an affiliate’s facilities; and,
Type 3 access is service provided at both ends of a circuit via facilities not furnished in whole via Company or an affiliate facilities.
4.4 Installation Charges: For Customers who subscribe to this SCA Type 1 prior to January 1, 2003, the Company will waive the installation charges for DSO, DS1 and for T1 Digital Access circuits ordered during the Initial Term.
4.5 Audioconferencing: The Customer will be charged the following per-minute per- bridge port rates, inclusive of both bridging and transport, in lieu of any discounts, for Audiocoferencing for usage that originates and terminates in the U.S. Mainland, Hawaii, Puerto Rico and the U.S. Virgin Islands, based on Service Level, access type and term of service:
Term of Service
Service Level Access Type 1 Year 2 Year
Standard Level
Dial-Out Access 0.400 0.385
Toll Free Meet-Me Access 0.330 0.320
Unattended Level
Instant Meeting Service 0.240 0.230
4.5.1 Net Conferencing: In lieu of any other discounts for Net Conferencing, the Customer will receive the following discounts on standard per minute charges for the document portion of Net Conferencing calls, based on term of service:
Term of Service (Years) Discount
1 10%
2 14
4.6 Internet Dedicated Service: The following provisions apply to Internet Dedicated Service which the Customer installs under this SCA Type under a 1- or 2-year term of service:
4.6.1 Monthly Recurring Charges: The following monthly recurring per-circuit charges apply to Internet Dedicated Service, based on service type:
Service Type Charge
0 – 128 kbps Burstable T1 $ 511
128.1 - 256 kbps Burstable T1 789
256.01 - 384 kbps Burstable T1 920
384.01- 512 kbps Burstable T1 975
Over 512 kbps Burstable T1 1,081
Tiered 768 kbps 570
Price-Protected T1 828
Shadow T1 262
Diverse T1/Double T1 1,656
4.6.2 Installation: A $600 charge applies for non-standard installation.
4.6.3 Expedited Service Fee: An expedited service fee of $600 per circuit charge applies for expedited Telco provisioning.
4.7 Frame Relay Services: In lieu of all other rates, discounts and promotions, the Customer will receive the following discounts on monthly recurring charges for ports and PVCs ordered by the Customer during the Initial Term, based on the Customer’s term of service:
Term of Service (Years)
Discount
1 2
46% 47%
5. Classifications, Practices and Regulations:
5.1 Underutilization: Except as set forth in Section 5.3, in each monthly billing period of the Initial Term and Extended Term in which the Customer fails to satisfy the MVR, the Customer will be billed and required to pay an amount equal to the difference between the Customer’s actual total service charges in that monthly billing period and the MVR.
5.2 Early Termination: Except as set forth in Sections 5.2.1 and 5.3, if the Customer discontinues service prior to the expiration of the Initial Term and/or any Extended Term, the Customer will be billed and required to pay an early termination charge in an amount equal to 100 percent of the Customer’s Minimum Monthly Volume Requirement for each monthly period, or portion thereof, remaining in the service term.
5.2.1 Termination Without Liability: Either party may terminate SCA Guide Type 1 service for cause without incurring any termination liability. With regard to payment of invoices, “cause” shall mean the Customer’s failure to pay any invoice within thirty (30) days of the invoice date. For all other matters, “cause” shall mean a breach of any material provision, of service, provided that written notice of any such breach has been given to the breaching party and that party has failed to cure the breach within thirty (30) days of its receipt of notice.
6. Other Conditions: A Customer receiving SCA Guide Type 1 service may not receive any other term and volume discounts or the benefit of any other offering relating to the services that are part of this SCA Guide Type 1 service, except for the International Outbound One Region Promotion, Local and Long Distance Service Plus Optional Calling Plan and Six Month Trial Promotion.