This Services Agreement (“Agreement”) governs the rates, terms and conditions for provision by Fastwyre Long Distance (“Company”) of interstate and international long distance service (“Service”). Interstate long distance service is a service involving a call originating in one state and terminating in another state (also referred to as a “state-to-state” call). International long distance service is a service involving a call originating in one country and terminating in another country. As used in this Agreement, “Customer,” “you” and “your” refer to the individual or entity using or paying for the Service, and “Fastwyre Long Distance” or the “Company” refer to Fastwyre.
BY ENROLLING IN, USING, ACCEPTING OR PAYING FOR SERVICE FROM THE COMPANY YOU ACCEPT THE RATES, TERMS AND CONDITIONS INCLUDED IN THIS AGREEMENT AS A BINDING AGREEMENT BETWEEN YOU AND THE COMPANY. IF THIS AGREEMENT IS NOT ACCEPTABLE TO YOU, DO NOT USE THE SERVICES AND NOTIFY THE COMPANY AT P. O. BOX 2237, SULPHUR, LA 70664-2237.
The rates, terms and conditions contained in this Agreement are effective as of August 19, 2008 and are subject to change as provided herein. This Services Agreement is available on the Fastwyre web site, https://www.camtel.com/, or you can call Fastwyre at 1-800-673-3113 to request a copy of this Agreement. You may also view this document in our business office at 153 W. Dave Dugas Road, Sulphur, LA 70665.
Interstate Message Telecommunications Service (“Interstate MTS”) is offered to customers of Fastwyre Long Distance for communications between points in the United States. International long distance service (“International MTS”) is offered to customers of Fastwyre Long Distance and is a service involving a call originating in one country and terminating in another country. Fastwyre Long Distance International MTS is limited to calls originating in the United States of America.
The Company reserves the right to obtain facilities from, and to interconnect its services with, any other authorized common carriers, alternate access providers, or private systems, subject to the Company’s elections and to the Company’s technical requirements and limitations. Services are furnished subject to transmission, atmospheric and like conditions.
Services are furnished subject to the availability of facilities and of the Service components required. The Company will: (1) determine which facilities and components shall be used; and (2) obtain, change, substitute for and make modifications to those facilities and components at its option.
At the request of the Customer or the Customer’s authorized agent, the Company will make reasonable efforts to arrange for the Customer’s service requirements, which may include terminal equipment and circuit conditions. Any special equipment or facilities necessary to meet the Customer’s service requirements will be provided only at the Customer’s expense.
Subject to the terms and conditions of this Agreement services are available twenty-four hours per day, seven days per week.
Interstate Rates (Business and Residential) These rates apply for Customers that have chosen Fastwyre Long Distance as their primary long distance carrier. Charges for Interstate MTS calls are based upon the duration, time of day and distance of completed calls. These charges apply only to direct dialed station state-to-state calls.
Day (8AM-5PM), Evening (5PM-11PM) and Night (11PM-8AM)
Fastwyre Long Distance customers may elect to enroll in any of the following
Optional Interstate Calling Plans:
Plan A 10¢ per minute, no monthly fee
Plan B 7¢ per minute, $4.95 monthly fee
Plan C Toll Fee 800 Number; 13¢ per minute, $4.95 monthly fee
International Rates The rates stated on Attachment A are subject to change. These rates apply for Customers that have chosen Fastwyre Long Distance as their primary long distance carrier. Charges for International MTS calls are based upon the duration, time of day and country code. See Attachment A.
* Directory Assistance calls are charged at $.85 per call.
3. BASIS OF CHARGES
Charges for Interstate MTS calls are based upon the duration, time-of-day and distance of completed calls.
Chargeable time begins when the Company receives answer supervision from the called station. Chargeable time ends when the calling station or the called station “hangs up.” For billing purposes, the duration of each call is rounded up to the next nearest minute. Minimum chargeable time is one minute.
4. DETERMINATION OF TIME OF DAY:
Day (8AM-5PM), Evening (5PM-11PM) and Night (11PM-8AM) rates are determined by the local time of the rate center of the calling station.
Chargeable time for a rate period (e.g. 8AM –5PM) begins with the first stated hour (8AM) and continues to, but does not include, the second stated hour (5PM). The time of day rate period applicable at the start of chargeable time at the calling station applies to the entire call.
The Evening rate applies to New Year’s Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day or on resulting legal holidays when Christmas Day, New Year’s Day, or Independence Day legal holidays fall on dates other than December 25, January 1, or July 4, unless a lower rate is in effect.
5. DETERMINATION OF DISTANCE
The distance of a call is based upon the airline mileage between the rate centers of the calling party and the called party.
The “V” and “H” coordinate method is used to calculate the airline mileage between rate centers.
6. CHANGES IN RATES, TERMS AND CONDITIONS.
The Company may change this Agreement from time to time. Changes in rates, terms and conditions are effective no sooner than fifteen (15) days after the Company posts on its web site, https://www.camtel.net/, modifications to this Agreement reflecting the changes. The Company will also notify you of increases in rates or charges by bill message, bill insert or other reasonable commercial method at least fifteen (15) days prior to the effective date for the increases. Advance notice does not apply to increases in taxes and other charges described in Section 9 below. The Company may decrease rates and charges without providing advance notice. USE OF THE COMPANY’S SERVICE AFTER THE FIFTEEN (15) DAY NOTICE PERIOD SHALL BE CONSTRUED AS YOUR AGREEMENT TO THE CHANGED RATES, TERMS AND CONDITIONS.
7. BILLING, PAYMENTS AND COLLECTION OF CHARGES
Service is provided and billed on the basis of a minimum period of at least one month. For purposes of computing and billing charges, a month is considered as having thirty (30) days.
Bills are rendered on a monthly basis. Charges for the Interstate MTS and International MTS Services are based upon actual usage and are billed after the month in which they were furnished to the Customer.
You are responsible for payment of all charges for Services furnished by the Company to you and anyone authorized by you to use your Service. You are responsible for preventing any unauthorized use of your Service, and you are responsible for payment of all charges associated with such unauthorized use.
Bills are payable by the Customer upon receipt. You will be billed for the Service by your local telephone company on behalf of Fastwyre Long Distance, and such local telephone company’s late payment charges and procedures will apply to the Service and payments required hereunder.
Failure to receive a bill will not exempt a Customer from prompt and timely payment of any sum or sums due the Company.
If the Company incurs any fees or expenses, including attorney fees, in collecting or attempting to collect, any charges owed to the Company, you will be liable to the Company for the payment of all such fees and expenses reasonably incurred.
If your local Telephone Company bills you for the services on the Company’s behalf and your check or payment for services is returned for insufficient funds that company’s returned check charge and policy will apply.
The Company or its agent may require an applicant or a present Customer whose financial condition and/or payment record is not acceptable to the Company to post a deposit up to an amount equaling three (3) months actual or estimated charges for the Services to be provided. Such deposit will be held by the Company or its agent as guarantee of payment.
The fact that a deposit has been made shall in no way relieve the Customer from complying with the Company’s and/or its agent’s regulations as to the prompt payment of bills, nor does it constitute a waiver or modification of the regular practices of the Company or its agent providing for the suspension of Service for non-payment of bills.
The amount of the deposit may be refunded or credited to the Customer at any time at the option of the Company, or it will be refunded at the termination of the Service after all outstanding charges have been paid in full by the Customer.
A cash deposit will accrue interest at the rate paid in that locality for escrow accounts, starting six months after the deposit is received by the Company.
9. TAXES AND OTHER CHARGES.
In addition to payment for Services, you must pay all taxes, fees, surcharges and other charges that the Company bills you related to Services. Taxes and surcharges will be in the amounts that federal, state and local authorities require the Company to bill you. The Company will not provide advance notice of changes to taxes and surcharges, except as required by applicable law.
The Company may adjust its rates and charges or impose additional rates and charges in order to recover amounts it is required or permitted by governmental or quasi-governmental authorities to collect from others or pay to others in support of government related programs. These types of charges include, but are not limited to, universal service funding and utility and other fees imposed on communications service providers.
10. RESPONSIBILITIES OF THE CUSTOMER.
The Customer is responsible for placing any and all necessary orders for services. The Customer must choose Fastwyre Long Distance as their primary long distance carrier.
The Customer is responsible for charges incurred for special construction, equipment and/or facilities necessary to meet the Customer’s service requirements which the Customer requests and/or which are ordered by the Company on the Customer’s behalf.
If a Customer cancels a service order, in whole or part, prior to its completion, the Customer will be responsible for any charges incurred by the Company from other local exchange companies, other authorized common carriers, alternate access providers and/or private systems with respect to facilities ordered by the Company for the purpose of filling the cancelled service order.
If required for the provision of the Company’s Services, the Customer must provide and maintain at its premises, and it’s expense, any necessary terminal equipment, equipment space, supporting structure, personnel, wiring, conduit, and electrical power.
The Customer is responsible for arranging ingress to its premises or vehicles at times mutually agreeable to it and the Company when required for the Company’s personnel to install, repair, maintain, program, inspect, or remove equipment associated with the provision of the Company’s Services.
The Customer shall ensure that its terminal equipment and/or system is properly interfaced with the Company’s facilities or Services, that the signals emitted into the Company’s facilities are of the proper mode, bandwidth, power, and signal level for the intended use of the Customer and in compliance with the criteria set forth in Part 68 of the FCC’s Rules, and that the signals do not damage equipment, injure personnel, or degrade or interfere with Service to other Customers.
In the event that the Customer’s service is cancelled or interrupted by the Company the Customer shall be liable for all unpaid charges due and owing to the Company for Services furnished to the Customer. The Company may apply the Customer’s deposit, and any accrued interest thereon, to any such unpaid charges.
If Customer seeks reinstitution of service following denial of service by the Company, Customer shall pay to the Company prior to the time service is re-instituted; (1) all accrued and unpaid charges, and (2) a deposit in order to re-institute service.
Services provided by the Company under this Agreement shall not be used for any unlawful, abusive or fraudulent purpose.
If you wish to change your service to another long distance carrier at any time, you should call your new long distance carrier or your local telephone company to set up service. Once the Company receives notification of this change your account will be cancelled. You will still be responsible for outstanding charges for calls processed up to that time.
11. TERMINATION OR DENIAL OF SERVICE BY THE COMPANY.
In the event of nonpayment of any bill rendered or any required deposit, the Company may, after written notice, suspend your Service. The Company may, immediately and without notice to you, and without liability of any nature, temporarily deny, terminate, or suspend your Service:
a. in the event you or your agent: (i) willfully damage the Company’s equipment or interfere with the use of the Company’s Service by other customers of the Company; (ii) unreasonably place capacity demands upon the Company’s facilities or Service; or (iii) violate any statute or provision of law, or any rule or regulation of any state or federal regulatory agency relating to communications; or (iv) otherwise fail to comply with the provisions of this Agreement or applicable law; or
b. in the event you become insolvent, are the subject of any formal legal proceeding commenced in a court involving a voluntary or involuntary petition or proceeding in bankruptcy, seek protection or relief from creditors in a formal legal proceeding after a filing for such relief, or execute an assignment for the benefit of creditors; or
c. in the event that the Company determines that any Service is being used fraudulently or illegally, whether by you or your agent.
12. INDEMNIFICATION. YOU AGREE THAT THE COMPANY SHALL NOT BE RESPONSIBLE FOR ANY THIRD-PARTY CLAIMS AGAINST THE COMPANY THAT ARISE FROM YOUR USE OF THE SERVICES. FURTHER, YOU AGREE TO REIMBURSE THE COMPANY FOR ALL COSTS AND EXPENSES RELATED TO THE DEFENSE OF ANY SUCH CLAIMS, INCLUDING ATTORNEYS’ FEES, UNLESS SUCH CLAIMS ARE BASED ON THE COMPANY’S WILLFUL MISCONDUCT OR GROSS NEGLIGENCE. THIS PROVISION WILL CONTINUE TO APPLY AFTER THE AGREEMENT ENDS.
13. LIABILITIES OF THE COMPANY.
Except as stated in this Section, the Company shall have no liability for damages of any kind arising out of or related to Services, events, acts, rights or privileges contemplated in this Agreement.
a. The liability of the Company, if any, for damages resulting in whole or in part from or arising in connection with the furnishing of Service (including but not limited to mistakes, omissions, interruptions, delays, misroutings, errors or other defects in transmission, or failures or defects in facilities furnished by the Company) or arising out of any failure to furnish Service, shall in no event exceed an amount of money equivalent to the proportionate charge to Customer for the call(s) which were affected by such mistakes, omissions, interruptions, delays, misroutings, errors or defects in transmission. However, any such mistakes, omissions, interruptions, delays, misroutings, errors, or defects in transmission or service which are caused by or contributed to in whole or part by the negligence or willful act of Customer, or which arise in whole or part from the use of Customer-provided facilities or equipment, shall not result in the imposition of any liability whatsoever upon the Company.
b. The Company is not liable for any act, omission or negligence of any other authorized common carriers, alternate access provides, or private systems who facilities are used concurrently in furnishing any portion of the services received by 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.
c. 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.
d. The Company shall not be liable for, and the Customer shall indemnify and hold the Company harmless from, any and all losses, claims, demands, suits or other actions, or any liability whatsoever (whether suffered, made, instituted or asserted by the Customer or by any other party or persons) for any personal injury to, or death of, any person or persons, and any loss, damage, defacement or destruction of the premises of the Customer or any other property (whether owned by the Customer or others) caused by or claimed to have been caused directly or indirectly by the installation, operation, failure to operate, maintenance, condition, location or use of equipment or wiring provided by the Company where such installation, operation, failure to operate, maintenance, condition, location or use is not the direct result of the Company’s gross negligence. No agents or employees of other authorized common carriers, alternative access providers, or private systems shall be deemed to be agents or employees of the Company.
e. The Company shall be indemnified and held harmless by the Customer from and against all loss, liability, damage, and expense, including reasonable attorney’s fees, due to claims for libel, slander, infringement of copyright, or unauthorized use of any trademark, trade name or service mark in connection with any material, data, information or other content transmitted by any person using the Company’s Services and any other claim resulting from any act or omission of the Customer relating to the use of the Company’s Services or facilities.
f. The Company shall be indemnified and held harmless by the Customer from and against all loss, liability, damage, and expense, including reasonable attorney’s fees, due to claims for patent infringement arising from the combination or connection of the Company’s Services and/or facilities with the apparatus, equipment and/or systems of the Customer.
g. The Company shall be indemnified and held harmless by the Customer from and against all loss, liability, damage, and expense, including reasonable attorney’s fees, due to claims arising out of any act or omission of the Customer in connection with any of the Services provided by the Company.
h. UNDER NO CIRCUMSTANCES WHATEVER SHALL THE COMPANY OR ITS OFFICERS, DIRECTORS, AGENTS, OR EMPLOYEES BE LIABLE TO YOU FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE LOSSES OR DAMAGES OF ANY KIND, INCLUDING LOST PROFITS OR REVENUES, EVEN IF SUCH LOSSES OR DAMAGES WERE FORESEEABLE OR THE COMPANY HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES.
14. WARRANTIES. EXCEPT AS THIS AGREEMENT EXPRESSLY STATES, THE COMPANY MAKES NO EXPRESS OR IMPLIED WARRANTY REGARDING THE SERVICES AND DISCLAIMS ANY IMPLIED WARRANTY, INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE OR PURPOSE OR NONINFRINGEMENT. THE COMPANY DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE. THE COMPANY DOES NOT AUTHORIZE ANYONE TO MAKE ANY WARRANTY ON THE COMPANY’S BEHALF AND YOU MAY NOT RELY ON ANY SUCH WARRANTY.
15. BILLING DISPUTES. If you believe you have been billed by the Company in error, you must contact the Company within sixty (60) days of the date of the bill which contains the disputed charge. Refunds or adjustments will not be issued for any charge that is more than sixty (60) days old at the time you notify the Company. You may withhold from payment to the Company the disputed portion of any bill pending resolution of the dispute. You must pay all non-disputed charges on the bill by the due date indicated on the bill. The Company will notify you that all or a portion of the disputed amount is still owed. You will be required to pay such amount within fifteen (15) days thereafter, and if you fail to pay this amount within the time required, your account will be deemed past due and unpaid and your Service subject to termination under Section 11 above. Any payments you withhold pending resolution of the dispute may be subject to a late payment charge at the highest interest rate allowable by law applied to past due amounts.
16. DISPUTE RESOLUTION
THIS SECTION PROVIDES FOR RESOLUTION OF DISPUTES THROUGH BINDING ARBITRATION. THE COMPANY AND CUSTOMER AGREE TO RESOLVE MOST DISPUTES THROUGH BINDING ARBITRATION RATHER THAN BY LITIGATION THROUGH THE COURT SYSTEM.
a. Should a dispute arise regarding this Agreement or the Services for which you intend to initiate an arbitration proceeding, you agree to first notify the Company in writing of such dispute and give the Company at least 60 days thereafter to resolve the dispute. Written notice of any dispute shall be mailed to: Fastwyre, P. O. Box 2237, Sulphur, LA 70664-2237.
b. Except as otherwise provided herein, any dispute arising out of or related to this Agreement or the Company’s products or services that is not satisfactorily resolved within 60 days from the date you notify the Company in writing, regardless of whether the dispute is based in contract, tort, statute, fraud, misrepresentation, or any other legal or equitable theory, must be submitted to the American Arbitration Association (“AAA”) for final and binding arbitration; provided that certain disputes may be taken to small claims court. The arbitration will be conducted pursuant to the AAA’s Commercial Arbitration Rules for consumer disputes (“AAA Rules”), as such rules are in effect on the date of commencement of the arbitration, and as such rules are modified from time to time. If the dispute is not satisfactorily resolved as provided above, either party may contact the AAA in writing at: AAA Central Case Management Center, 13455 Noel Road, Suite 1750, Dallas, TX 75240-6636. Information regarding the AAA is located on its website at https://www.adr.org.
c. The arbitration will be based only on the written submissions of the parties and documents submitted to the AAA regarding the dispute, unless the parties agree or the arbitrator orders otherwise. Additional charges may apply for such procedures. Any in-person arbitration proceedings will be held at the location that the AAA selects in the state where you reside, unless otherwise mutually agreed upon by the parties.
d. You will be required to pay the applicable AAA filing fees upon submitting a written request with the AAA to arbitrate. Unless otherwise provided for in the AAA Rules or in the arbitration award, all administrative fees and expenses of any arbitration, including the fees and expenses of the arbitrator, will be divided equally between you and the Company. Unless applicable substantive law provides otherwise, each party will bear the cost of preparing and presenting its own case, including any attorneys’ fees.
e. The arbitration procedures established by this Dispute Resolution section are governed by the United States Arbitration Act, 9 U.S.C. 1-16 (“Arbitration Act”). Any question of whether a dispute is arbitrable will be determined by the arbitrator. The award may be confirmed and enforced in any court of competent jurisdiction. All post-award proceedings will be governed by the Arbitration Act. In conducting any arbitration and making any determinations, the arbitrator shall be bound by and strictly enforce the terms of this Agreement and may not limit, expand or otherwise modify its terms. The arbitrator will have no authority to award punitive or exemplary damages and both you and the Company expressly waive their rights to any such damages. If any portion of this Dispute Resolution section is determined by a court to be inapplicable or invalid, then the remainder will still be fully effective and enforceable.
f. Any claim or dispute between you and the Company will not be consolidated with any other litigation or in any other arbitration of a dispute with any other person. You agree that you will not bring any dispute or claim as a class action nor act as a class representative or participate as a member of a class of claimants with respect to any dispute or claim relating to this Agreement or the services provided by the Company.
g. Any dispute or claim arising out of or relating to this Agreement or the services provided by the Company must be brought within two (2) years after the date on which the basis for the dispute or claim first arises.
a. Entire Agreement. This Agreement constitutes the entire Agreement between the Company and you and supersedes all prior agreements, understandings, statement or proposals, and representations, whether written or oral. This Agreement can be amended only as provided in Section 6 above. No written or oral statement, advertisement, or Service description not expressly contained in the Agreement will be allowed to contradict, explain, or supplement it. Neither you nor the Company is relying on any representations or statements by the other party or any other person that are not included in this Agreement.
b. Separability. If any part of this Agreement is found invalid, the rest of the Agreement will remain valid and enforceable.
c. No Third Party Rights. This Agreement does not provide any third party with a remedy, claim or right of reimbursement.
d. Assignment. The Company can assign all or part of its rights or duties under this Agreement without notifying you and upon such assignment, the Company shall have no further obligations hereunder. You may not assign this Agreement or the Services without the Company’s prior written consent.
e. Notices. Notices from you to the Company must be provided as specified in this Agreement. Notice from you to the Company made by calling the Company is effective as of the date that the Company’s records show that the Company received your call. The Company’s notice to you under this Agreement with respect to changes in rates, terms and conditions will be provided as described in Section 6 above. The Company’s notice to you under this Agreement for matters other than changes in rates, terms and conditions will be provided by one or more of the following: posting on our web site, recorded announcement, bill message, bill insert, newspaper ad, postcard, letter, call to your billed telephone number.
f. Customer Proprietary Network Information (“CPNI”).
To inform you of other Company-affiliated products and services that may interest you, the Company may wish to access information related to your account(s), particularly information known as CPNI. Information constituting CPNI includes the kinds of services you have, how you use them and how they are billed. Federal law restricts the use of CPNI for purposes other than providing service, without the customer’s approval.
If you do not want the Company to access and use your CPNI (except as otherwise permitted by law) please contact the Company. Until you tell the Company otherwise, the Company will understand you to have approved its internal use of your CPNI for purposes reasonably related to its offering or provisioning other products and services to you.
g. Governing Law. This Agreement will be governed by the law of the State of Louisiana, notwithstanding its choice of law rules.