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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.

  1. The service that we provide to our customer
    1. 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.
    2. 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).
    3. 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).
    4. 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.

       
  2. Charges, bills, and payment for service
    1. 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.
    2. 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.
    3. 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."
    4. 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.
    5. 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).
    6. 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.
    7. No late charge will be assessed upon properly disputed charges (see dispute procedure below).
    8. 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.

       
  3. Obligations of customers
    1. 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.
    2. 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.
    3. 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.
    4. 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.

       
  4. Resolution of billing disputes
    1. 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.
    2. 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.
    3. 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.
    4. 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.
    5. 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.
    6. 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.

       
  5. Limitation of the company's liability
    1. 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.
    2. Neither the Company nor its officers, agents, or employees will be liable for indirect, incidental, special, or consequential damages.
    3. 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.

       
  6. Refusal, termination, or suspension of service
    1. 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.
    2. 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.
    3. 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.
    4. 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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