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Terms & Conditions
Terms &
Conditions
IMPORTANT CUSTOMER NOTICE:
YOUR PLACEMENT OF AN
INTERSTATE OR INTERNATIONAL TOLL CALL OVER
EN-TEL COMMUNICATIONS, LLC'S NETWORK CONSTITUTES
YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS.
EN-TEL COMMUNICATIONS, LLC
TERMS AND CONDITIONS FOR USE AND ENJOYMENT OF
INTERSTATE AND INTERNATIONAL TOLL SERVICES.
- The service that we
provide to our customer
- The Company is a
common carrier and provides access to
facilities, services, and equipment over
which our Customers may transmit voice,
data, and other communications of their
own choosing to interstate and
international destinations.
- The Company provides
service on a 7 days per week, 24 hours
per day basis to all destinations in the
United States (including Alaska and
Hawaii), and to those international
destinations listed in the international
rate sheets maintained at the Company's
office and on its website (see below).
- The Company primarily
resells to its Customers the interstate
and international toll services of
larger, facilities-based carriers. The
Company endeavors to purchase these
services at volume discounts, and to
resell them to its Customers at lower
rates than they would pay if they
purchased service directly from the
other carriers. However, resale also
means that the Company has no control
over outages and other service
disruptions on the networks of the other
carriers (see limitations of liability
below).
- The Company has
customer service representatives
available (8 a.m. to 5 p.m.) to assist
its Customers with any questions or
problems regarding its interstate or
international toll services. A Company
representative can be reached during
these hours by dialing 320-222-0303 or
1-866-313-6835.
- Charges, bills, and
payment for service
- Service is provided
and billed on a monthly basis, and will
continue to be provided and billed until
canceled by the Customer or terminated
by the Company.
- The rates and charges
for the Company's interstate and
international toll services can be
inspected during regular business hours
at the Company's office at 222 20th
Street SE, Willmar, Minnesota.
- The rates and charges
for the Company's interstate and
international toll services can also be
inspected on its website at
"www.en-tel.com."
- The Company bills for
its interstate toll services on a usage
basis in 6-second periods and rounds up
any fractional period. The Company bills
for its international toll services on a
usage basis in 1-minute periods and
rounds up any fractional period.
- The Company will pass
through to its Customers all applicable
federal, state, and local taxes or
surcharges (including sales, use excise,
gross earnings, and gross income taxes),
as well as surcharges to recover the
Company's contributions to applicable
federal or state funds (including funds
for universal service,
telecommunications relay service, local
number portability, and telephone number
administration).
- Payment for all bills
rendered by the Company for its
interstate and international toll
service is due within ten (10) days
after the bill is mailed by the Company
to the Customer. If payment is not
received by the Company within twenty
(20) days after rendition of a bill, a
late charge of 1.50 percent, with a
$1.00 minimum, will be applied to all
amounts past due.
- No late charge will
be assessed upon properly disputed
charges (see dispute procedure below).
- The Company may
require a Customer to make a deposit
prior to or at any time after provision
of service, not to exceed estimated
charges for two (2) months. Upon
termination of service, the deposit will
be credited to the Customer's account
and any credit balance will be refunded
after the amount due the Company have
been paid.
- Obligations of
customers
- The Customer is
responsible for the timely payment of
all billed charges for services or
facilities provided by the Company to
the Customer, and for the payment of the
Company's reasonable attorney's fees and
court costs if the Company is forced to
retain an attorney to collect any of its
billed charges from the Customer.
- The Customer will not
use the Company's services in a manner
that interferes unreasonably with the
use of the services by one or more other
Customers.
- The Customer will not
use the Company's services in an
abusive, illegal, or fraudulent manner,
not alter or tamper with the Company's
connections or facilities.
- 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.
- Resolution of billing
disputes
- If the procedures of
this section are followed, the Customer
may withhold from payment the disputed
portion of any bill pending resolution
of the dispute.
- Within fifteen (15)
days of the bill date of a disputed
bill, the Company must receive from the
Customer an itemized statement in
writing which identifies the disputed
charges and reasonably explain the basis
of the dispute. Failure to comply with
this requirement shall mean the bill is
deemed to be correct and all amounts are
due and owing the Company.
- The Company shall
review the Customer's statement, and
shall issue a written initial
determination within twenty (20) days
after its receipt of the Customer's
statement to set forth the Company's
proposed resolution of the dispute.
- If the Customer is
not satisfied with the Company's
proposed resolution, the Customer must
advise the Company in writing within ten
(10) days after the Customer's receipt
of the Company's initial determination
of the specific reasons for the
dissatisfaction, and provide any
additional information which Customer
deems pertinent or relevant to the
dispute.
- Within ten (10) days
after the Company's receipt of
additional information, the Company
shall make its final determination and
resolution based upon all documentation
or information available to the Company.
- If the Customer
continues to withhold any disputed
amount determined to be owed to the
Company, the Customer's account shall be
deemed to be past due and subject to
termination.
- Limitation of the
company's liability
- The liability of the
Company for damages resulting in whole
or in part from mistakes, omissions,
interruptions, delays, errors, or other
defects in the interstate or
international toll services 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 in part to causes beyond its control,
including, but not limited to: (1) acts
of God, fires, flood or other
catastrophes; (2) any law, order,
regulation, directive, action or request
of any instrumentality of the United
States Government, or of any foreign,
state or local government; (3) any
national emergency, insurrection, riot,
war, strike, or labor difficulty; (4)
any act or omission by any unrelated
carrier or other entity affecting the
facilities or equipment over which the
Company's services are provided; (5) any
negligence by the Customer or defects or
failures of the Customer's equipment;
and (6) any negligent acts or omissions
of third parties.
- Refusal, termination,
or suspension of service
- The Company may
refuse service to a Customer that fails
or declines to make a deposit requested
by the Company, and may terminate
service seven (7) business days after
written notice of termination is mailed
to a Customer that fails or declines to
increase a deposit in response to the
Company's request.
- The Company may
terminated service seven (7) days after
a written notice of termination is
mailed to a Customer that has failed to
pay a bill by the bill due date, or that
has failed to pay disputed charges
determined to be owed to the Company via
the Company's billing dispute resolution
procedures (see above) for more than
twenty (20) days after the end of the
dispute resolution procedure.
- The Company reserves
the right to establish a credit limit
for Customers or classes of Customers,
and to suspend service to a Customer
when the Customer reaches the applicable
limit.
- The Company may
suspend or terminate service to a
Customer immediately if the Company
reasonably believes that the Customer or
entities using the Customer's account or
facilities are using the Company's
services in a manner that: (1)
interferes with the use of the services
by one or more other Customers; (2) is
abusive, illegal, or fraudulent; (3)
damages the Company's facilities or
equipment; or (4) places excessive
capacity demands upon the Company's
facilities or service.
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