Terms & Conditions

General
TCT’s (the Company) services and facilities are furnished for communications originating within the United States. The Company’s services and facilities are available twenty-four (24) hours per day, seven (7) days per week.

These terms and conditions are subject to change at the Company’s discretion. Any revisions will be made available to the Customer on our web site within 24 hours, as well as at our offices within 5 days of the date of change.

The Company arranges for installation, operation, and maintenance of the communications services for Customers and may act as the Customer’s agent for ordering any facility or service provided by other carriers or entities, when authorized by the Customer.

The offered services may be used for any lawful purpose, including residential, business, governmental, or other use. However, the Customer remains liable for all obligations notwithstanding such sharing or resale and regardless of the Company’s knowledge of the same. The Company shall have no liability to any person or entity other than the Customer. The Customer shall not use nor permit others to use the service in a manner that could harm the facilities of the Company or others or that is inconsistent with any applicable law or regulation.

Service
The Company reserves the right to discontinue service, limit service, or to impose requirements on Customers 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 providing service, as determined by the Company in its reasonable judgment.

Service begins on the date that billing becomes effective and is provided on the basis of a minimum period of at least one month, 24 hours per day, unless otherwise specified by a mutually agreed upon contract. The minimum period of one month is extended to that for applicable rates and charges. When a service is discontinued prior to the expiration of the minimum period, charges are applicable, whether the service is used or not.

Service will be provided until canceled by the Customer on not less than thirty (30) days written notice from the date of postmark on the letter giving notice of cancellation. The Company shall hold the Customer responsible for payment of all bills for service furnished until the cancellation date specified by the Customer or until the date that the written cancellation notice is received, whichever is later.

Upon the expiration, each Service Commitment Period for such service shall automatically be extended subject to written notice of termination by either the Company or Customer as of a date not less than thirty (30) days after the date of said notice to the other.

All provided services are directly or indirectly controlled by the Company and neither the Customer nor Authorized Users may transfer or assign the use of service without the express prior written consent of the Company. Such transfer or assignment shall only apply where there is no interruption of the use or location of service. All terms and conditions applicable to the Customer shall apply to all such permitted transferees or assignees, as well as all conditions of service.

Application, Billing and Payment for Service
The Company may require the customer to sign an application form, establish credit worthiness and/or pay a security deposit as a condition prior to the initial establishment of service. By signing this form you authorize The Tri-County Telephone Association, Inc. to ask credit agencies information about you to determine the amount of deposit needed. The fact that a security deposit has been made in no way relieves the Customer from the prompt payment of bills upon presentation.

Charges for installations, service connections, moves, rearrangements, and prepaid services, where applicable, are payable upon demand to the Company or its authorized agent. Billing thereafter will include recurring charges and actual usage of services.

The Customer is responsible for payment of all charges for services furnished to the Customer or its joint or Authorized Users. This responsibility is not affected by any use, misuse, or abuse of the Customer’s service or Customer provided equipment by third parties, the Customer’s employees, or the public. This includes payment for calls or services that originate at the Customer’s number(s), are accepted at the Customer’s number(s) (e.g. collect calls), are billed to the Customer number(s) via Third Number Billing if the Customer is found to be responsible for such call or service, the use of a Calling Card, or the use of a Company-assigned Special Billing Number, and incurred at the specific request of the Customer.

Amounts not paid within 15 days from the billing date of the invoice will be considered past due. Customers may be assessed a late fee on past due amounts of $1.00. If payment is not received within 25 days from the billing date, service will be disconnected unless prior arrangements have been made with the Company.

Disputes with respect to charges must be presented to the Company in writing or by telephone within three months from the date the invoice is rendered or such an invoice will be deemed to be correct and binding to the Customer.

In the event the Company incurs fees or expenses, including attorney’s fees, in collecting, or attempting to collect, any charges owed the Company, the Customer will be liable to the Company for the payment of all such fees and expenses reasonably incurred. The Company reserves the right to apply the Customer’s security deposit against overdue charges.

The Company reserves the right to assess a return check charge of $20.00 whenever a check or draft presented for payment of service is not accepted by the institution upon which it is written.

The Company reserves the right to bill any and all applicable taxes and fees in addition to normal rates and charges for services provided to the customer. Taxes and fees include, but are not limited to: Federal Excise Tax, State Sales Tax, Municipal Tax, and Gross Receipts Tax. Such taxes and fees are in addition to rates and will be itemized separately on Customer invoices.

The Company’s facilities and service may be used with or terminated in terminal equipment or communications systems such as a PBX, key system, single line telephone, or pay telephone. Such terminal equipment shall be furnished and maintained at the expense of the Customer. The Customer is responsible for all costs at his or her premises, including 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 generally accepted minimum protective criteria standards of the telecommunications industry.

The Company may, upon reasonable notice, make such tests and inspections as may be necessary to determine whether the terms and conditions listed herein are being complied with in the installation, operation or maintenance of the Customer’s or the Company’s facilities or equipment. The Company may interrupt service at any time, without penalty or liability, due to the departure from or reasonable suspicion of the departure from any of these terms and conditions.

Credit allowances for interruptions of service which are not due to the Company’s inspection or testing, 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 by Customer. Before giving such notice, the Customer shall ascertain that the trouble is not within his or her control, or is not in wiring or equipment, if any, furnished by Customer.

For purposes of credit computation, every month shall be considered to have 30 days. The Customer shall be credited for an interruption of two days (48 hours) or more at the rate of 1/30th of the monthly charge for the services affected for each day that the interruption continues.

Credit Formula:
Credit = A/30 x B
A = outage time in days
B = total monthly charge for affected service.

Discontinuance of Service
Upon nonpayment of any sum that is more than 25 days overdue to the Company, or any violation of any provisions governing the furnishing of service, the Company may, upon written notification to the Customer, without incurring any liability, immediately discontinue the furnishing of such service. Customer shall be deemed to have canceled the service as of the date of such disconnection and shall be liable for any cancellation charges set forth herein.

The Company reserves the right to discontinue furnishing services or billing options, upon written notice, when necessitated by conditions beyond its reasonable control.

The Company, without notice to the Customer, may interrupt Service by blocking long distance traffic or by canceling calling cards. A security deposit may be required in addition to the payment of all past due amounts in order to restore long distance service. The customer is responsible for any service charges that may incur from this interruption.

Without incurring any liability, the Company may discontinue the furnishing of service(s) to a Customer immediately and without notice if the Company deems that such action is necessary to prevent or to protect against fraud or to otherwise protect its personnel, agents, facilities or services.

The discontinuance of service by the Company pursuant to this Section does not relieve the Customer of any obligations to pay the Company for charges due and owing for service(s) furnished up to the time of discontinuance.

The Customer, whose check or draft is returned unpaid for any reason shall be subject to discontinuance of service. The Customer has 7 days from notification of the insufficient check to make full payment plus a $20.00 service charge. If payment is not made, service will be discontinued and the check will be forwarded to the County Attorney for prosecution under the Laws of the State of Kansas.

The remedies set forth herein shall not be exclusive and the Company shall at all times be entitled to all rights available to it under either law or equity.

Except as otherwise provided herein, or as specified in writing by the party entitled to receive service, notices may be given orally or in writing to the persons whose names and business addresses appear on the executed service order.
Restoration of Service

If service has been discontinued for nonpayment or as otherwise provided herein and the Customer wishes it continued, service shall, at the Company’s discretion, be restored when all past due amounts are paid or the event giving rise to the discontinuance (if other than nonpayment) is corrected. The Customer may be required to pay a security deposit based on his/her past credit history with the Company.

Company’s Liability
Except as stated below, the Company shall have no liability for damages of any kind arising out of or related to events, acts, rights or privileges in the provision of service. This does not limit the liability of the Company for willful misconduct.

The liability of the Company for damages of any nature arising from errors, mistakes, omissions, interruptions, or delays of the Company, its agents, servants, or employees, in the course of establishing, furnishing, rearranging, or changing the service or facilities or equipment shall not exceed an amount equal to the charges applicable to the specific service (calculated on a proportionate basis where appropriate) to the period during which such error, mistake, omission, interruption or delay occurs. However, any such mistakes, omissions, interruptions, delays, errors, or defects in transmission or service which are caused by or contributed to by the negligence or willful act of the Customer, or which arise from the use of the Customer-Provided Equipment or equipment provided by third parties, shall not result in the imposition of any liability whatsoever upon the Company.

The Company is not liable for any act, omission or negligence of any Local Exchange Carrier, Other Common Carrier, or other provider whose facilities are used concurrently in furnishing any portion of the services received by the Customer, or for the unavailability of, or any delays in, the furnishing of any services or facilities which are provided by any Local Exchange Carrier.

The Company shall not be liable for any failure of performance hereunder due to causes beyond its control, including but not limited to fire, flood, or other catastrophes; Acts of God; atmospheric conditions or other phenomena of nature, such as radiation; any law, regulation, directive, order or request of the United States Government, or any other government including state and local governments having any jurisdiction over the Company or the services provided hereunder; national emergencies; civil disorder, insurrections, riots, wars, strikes, lockouts, work stoppages, or other labor problems or regulations established or actions taken by any court or government agency having jurisdiction over the Company.

The Company shall not be liable for any act or omission of any other entity furnishing to the customer facilities or equipment used with the service furnished hereunder; nor shall the Company be liable for any damages or losses due in whole or in part to the fault or negligence of the Customer or due in whole or in part to the failure of Customer-provided equipment or facilities.
Indemnification

The Customer shall indemnify, defend and hold harmless the Company (including the costs of reasonable attorney’s fees) against:
(a) 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 the Company’s facilities or equipment;
(b) Claims for patent infringement arising from combining or connecting the Company’s facilities or equipment with facilities, equipment, apparatus or systems of the Customer; and
(c) All other claims (including, without limitation, claims for damage to any business or property, or injury to, or death of, any person) arising out of any act or omission of the Customer, the Customer’s agents or Authorized Users, in connection with any service or facilities or equipment provided by the Company.

Under no circumstances whatsoever shall the Company or its officers, directors, agents, or employees be liable for indirect, incidental, special or consequential damages.

Use of Recording Devices
Customers and Authorized Users who use recording devices do so at their own risk. A Customer or Authorized User may only use a recording device if the Customer or Authorized User complies with the requirements set out below and only if the Customer or Authorized User is able to connect or disconnect the recording device, or turn the recording device on or off, at will.
A Customer or Authorized User may record a conversation if the Customer or Authorized User obtains written or verbal consent to the recording of all parties to the conversation prior to or at the beginning of the conversation.
A distinctive recorder tone must be repeated at intervals of approximately fifteen (15) seconds to alert all parties to the conversation that recording device is being used.

The requirements set out above are waived for Broadcast licensees who use a recording device to record a conversation for broadcast if all parties to the conversation are aware that the conversation will be broadcast.

Special Customer Arrangements
For special equipment and arrangements furnished due to Customer request for such in connection with the provision of service, charges equivalent to the actual cost of furnishing such requested equipment or arrangements apply. Actual cost consists of an estimate of the cost of maintenance; cost of operation; depreciation based on the estimated useful life of the facilities with an appropriate allowance for estimated net salvage; administration, taxes and uncollectible revenue on the basis or reasonable average charges for these items; any other specific items of expense associated with the particular situation; and a reasonable amount, computed on the estimated cost installed of any facilities provided for return and contingencies.

Actual cost installed as mentioned above includes cost of equipment and materials specifically provided or used plus the estimated cost of installing, including engineering, labor supervision, transportation, rights of way and other items that are chargeable to the capital accounts.

Other Terms and Conditions
The provision of service will not create a partnership or joint venture between the Company and the Customer nor result in joint service offerings to their respective Customers.

A Customer shall not use any service mark or trademark of the Company or refer to the Company in connection with any product, equipment, promotion, or publication of the Customer without prior written approval of the Company.

If an entity other than the Company (e.g., another carrier or a supplier) imposes charges on the Company in connection with a service, that entity’s charges may, at the Company’s option, be passed through to the Customer.

In the event suit is brought or an attorney is retained by the Company to enforce the terms herein, the Company shall be entitled to recover, in addition to any other remedy, reimbursement for reasonable attorney’s fees, court costs, costs of investigation and other related expenses incurred in connection therewith.

The failure to give notice of default, to enforce or insist upon compliance with any of the terms or conditions herein, the waiver of any term or conditions herein, or the granting of an extension of time for performance by the Company or the Customer shall not constitute the permanent waiver of any term or condition herein. Each of the provisions shall remain at all times in full force and effect until modified in writing.