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EXHIBIT 10.01
AT&T MASTER BILLING SERVICES AGREEMENT
AT&T Master Billing Services Agreement No. MCN - D28991
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Full Legal Customer Name AT&T Corp.
CONSUMER DATA SOLUTIONS
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Customer Contact Name and Phone AT&T Contact Name and Phone
▇▇▇▇▇ ▇▇▇▇ ▇▇▇-▇▇▇-▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇
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Customer Address AT&T Office Address
▇▇▇▇ ▇. ▇▇▇▇▇▇▇ ▇▇▇ ▇▇▇ 1701 W. GOLF RD TWR 3 FLR 5
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City, State, Zip Code City, State, Zip Code
DESOTO TX, 75115 ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇
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E-mail Address
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The AT&T MultiQuest(R) Services ("Billing Services") offered under this
Agreement are as follows (CHECK ONE):
[X] AT&T MultiQuest(R) Interacter Service [ ] AT&T MultiQuest(R) Express 900 Service
[ ] AT&T MultiQuest(R) HICAP Service [ ] Other AT&T MultiQuest Service
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(Indicate Service and attach amendment, if applicable)
Additional Customer Programs may be detailed on the attached Additional Billing
Services Agreement form(s) ONLY when referencing the same Presale assigned to
this application.
Initial Customer Program offering description and 900 number(s):
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▇▇▇-▇▇▇-▇▇▇▇
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'Fundraiser'
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PRESALE #. 141377
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CALLERS WILL BE BILLED THE FOLLOWING CHARGES FOR YOUR PROGRAM (select one of the
following):
[ ] $___________ per initial minute and $____________ per each additional minute
[ ] $___________ per call
ENHANCED RATE SET
[ ] $_________ per initial ___ minute(s) $________ per additional ____ minute(s)
VARI-A-▇▇▇▇ RATES (for use with AT&T MultiQuest Interacter Service only):
Maximum Per Minute Charge: $
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Maximum Premium Charge: $
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Maximum Flat Rate Charge: $ 150.00
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[STAMP]
CALL PROMPTER RATING
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Caller will be billed the following charges for your offer:
Caller Initial Additional
▇▇▇▇ Entered Free Initial Period Additional Period
Designator Digits Period Period Rate Period Rate
$ . $ .
---------- ------ --- --- --- --- --- ----- -- --- --- ----- --
HH MM SS HH MM HH MM
CUSTOMER HEREBY DESIGNATES THE FOLLOWING CPR INFORMATION FOR THE 900 NUMBERS
SPECIFIED ABOVE:
Caller Initial Additional
▇▇▇▇ Entered Free Initial Period Additional Period
Branch Designator Digits Period Period Rate Period Rate
#1 $ . $ .
---------- ------ --- --- --- --- --- ----- -- --- --- ----- --
HH MM SS HH MM HH MM
#2 $ . $ .
---------- ------ --- --- --- --- --- ----- -- --- --- ----- --
HH MM SS HH MM HH MM
#3 $ . $ .
---------- ------ --- --- --- --- --- ----- -- --- --- ----- --
HH MM SS HH MM HH MM
#4 $ . $ .
---------- ------ --- --- --- --- --- ----- -- --- --- ----- --
HH MM SS HH MM HH MM
================================================================================
BY SIGNING BELOW, CUSTOMER ACKNOWLEDGES THAT IT AGREES TO THE TERMS AND
CONDITIONS OF THE AGREEMENT, WHICH (AMONG OTHER THINGS) PROVIDE LIMITATIONS OF
LIABILITY. THESE TERMS AND CONDITIONS APPLY TO THIS ORDER, AND ANY SUBSEQUENT
ORDER ACCEPTED BY AT&T UNDER THIS AGREEMENT.
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*Consumer Data Solutions AT&T Corp.
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(Customer)
Accepted By: Accepted By:
*/s/ ▇▇▇▇▇ ▇. ▇▇▇▇ /s/ ▇▇▇▇▇▇ ▇▇▇▇▇▇
----------------------------------- -----------------------------------
(Authorized Signature) (Authorized Signature)
*▇▇▇▇▇ ▇. ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇
----------------------------------- -----------------------------------
(Printed/Typed Name) (Printed/Typed Name)
*Vice President Bus Dev Presale Manager
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(Title) (Title)
*12/27/00 2/26/01
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(Date) (Date)
[STAMP]
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The following Terms and Conditions shall apply to the Billing Services
provided by AT&T under this Agreement to Customer for the 900 number telephone
Programs listed on the front of this Agreement, or in Supplemental Billing
Services Agreements which reference this Agreement ("Billing Services").
GENERAL TERMS AND CONDITIONS
1. BILLING COLLECTION AND CALL INQUIRY SERVICES
A. Acting as Customer's agent, AT&T will perform the following services for
Customer's Programs: (1) secure usage records; message processing; ▇▇▇▇
processing; ▇▇▇▇ rendering; inquiry; collection; and remittance services.
(2) your Customers ("Callers") will be billed for the charges associated with
your program(s). AT&T will remit collected charges to you, less any fees as
indicated in this Agreement.
(3) provide good faith efforts to collect Customer charges from Callers.
However, AT&T has no obligation to bring collection suits or to use collection
agencies, and AT&T may remove from a Caller's ▇▇▇▇ Program charges which the
Caller disputes or refuses to pay. If the Caller's ▇▇▇▇ is adjusted, Customer
shall still remain liable for the Billing Services fees and tariffed charges
associated with each call.
B. Within ninety days after the end of the month in which the calls were made to
Customer's Program(s), AT&T shall remit to Customer the net amount of Customer's
charges for the billing period. The net amount will reflect the following
deductions:
(1) AT&T's fees and charges for tariffed Services,
(2) AT&T's fees and charges for billing Services,
(3) Any applicable federal, state and local taxes, however designated, unless
Customer has provided AT&T with a valid tax exemption certificate or statute;
(4) Uncollectable amounts, including among others, amounts that callers refuse
to pay, amounts that have not been billed to Caller by the local service
provider; and
(5) Amounts removed from callers' bills by AT&T, the local exchange companies
("LECs") or other local service provider, for calls made to your 900 number.
C. Notwithstanding the remittance described in Section 1.B above, AT&T may "true
up" these deductions based upon any additional uncollectable amounts discovered
within twelve months after the Caller's underlying call to the 900 program was
made; and may implement this "true up" against remittances for subsequent
months. AT&T may also delay all or a portion of its payment of funds at any time
during the contractual relationship, continuing for up to twelve months
following termination of Customer's Program Billing Services. When determining
whether to delay all or a portion of payment to Customer, AT&T will consider,
among other factors, Customer's credit history, the length of time Customer has
been the Customer of Record, and the projected refund rate of Customer's total
billed account as determined by AT&T.
D. AT&T may apply any payments to any outstanding debt incurred by Customer.
E. AT&T reserves the right to block access to all AT&T 900 numbers from the
telephone stations of any Caller who, in AT&T's sole discretion, is carrying an
excessive unpaid balance of charges for calls made to Programs billed by AT&T or
appears to be engaged in any fraudulent or abusive practice.
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2. CONTINGENT AGREEMENT
This agreement is contingent upon AT&T's ability to secure Billing for
Customer's Programs. AT&T will make good faith efforts to secure such services.
3. BILLING SERVICES FEE
A. For calls using AT&T MultiQuest Interacter Service, the Billing Service fee
is 12 percent of Customer's charge to callers, or $0.12 per call based on the
monthly average per 900 number, whichever is greater. For calls using AT&T
MultiQuest HICAP, the Billing Service fee is 12 percent of Customer's charge to
callers, or $0.12 per call, based on the monthly average per 900 number,
whichever is greater. For calls using AT&T MultiQuest Express 900 service, the
Billing Service fee is 15 percent of the Customer's charge to callers, or $0.12
per call, based on the monthly average per 900 number, whichever is greater. All
fees are exclusive of applicable sales, use or gross receipts taxes. AT&T may
change the Billing Services fees upon thirty days written notice to Customer.
B. For AT&T MultiQuest Interacter, AT&T MultiQuest HICAP, and AT&T MultiQuest
Express 900 Service, charges include partial minutes rounded up to full minutes.
C. In any dispute regarding the number of calls to Programs, the total minutes
billed or the amount of charge backs, AT&T's records shall control.
4. COMPLIANCE WITH AT&T MULTIQUEST PREMIUM BILLING GUIDELINES
Customer's Programs and related advertising and business practices shall at all
times conform to all applicable federal, state and local laws and regulations,
as well as with the "AT&T MultiQuest Premium Billing Guidelines" ("Guidelines")
as these may be modified by AT&T from time to time. These Guidelines are
specifically incorporated by reference into this Agreement. Customer
acknowledges that it has been provided with a copy of the current Guidelines
or has reviewed them on the AT&T 900 Services website
▇▇▇▇://▇▇▇.▇▇▇.▇▇▇/▇▇▇▇▇▇▇▇▇▇▇.
5. CUSTOMER RESPONSIBILITIES; INDEMNIFICATION OF AT&T
A. Customer shall pay all charges for the tariffed services to which it
subscribes. Customer may not advise callers that they are obligated to pay
AT&T's tariffed charges applicable to the Customer's Programs.
B. Customer shall provide AT&T a complete written description of each Program
(including without limitation copies of all advertising for the program and all
scripts) prior to its commencement and a complete new written description of
any change (including without limitation price changes) in the Program or
advertising before any such change is implemented.
C. Customer is solely responsible for its Program(s) and all promotions and
advertising.
D. Customer shall provide AT&T with a name, street address and telephone number
that may be disclosed to callers or other interested parties who request it. If
the information provider for a Program is different from the Customer, Customer
shall provide AT&T with the name, mailing address and customer service
telephone number of the information provider, and Customer represents that AT&T
may freely disclose such information to those who request it.
E. When the Guidelines require the Customer to agree to 100% adjustments by
AT&T to all callers requesting refunds, the Customer shall not initiate,
directly or indirectly through any third party, any action to collect charges
from a caller who has obtained an adjustment from AT&T.
F. Customer shall not indicate by any means that AT&T endorses or is affiliated
with Customer's Programs in any way, and
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shall not use any AT&T trademark, service ▇▇▇▇ or logo without the express
written permission of AT&T.
G. Customer represents and warrants that its Program(s) will at all times comply
with all applicable federal, state and local laws, rules, regulations and
ordinances. CUSTOMER SHALL DEFEND, INDEMNIFY AND HOLD AT&T (AS DEFINED IN
SECTION 10.A.) HARMLESS FROM ALL CLAIMS, ACTIONS, DAMAGES, COMPLAINTS, EXPENSES
AND REASONABLE ATTORNEYS' FEES (COLLECTIVELY, "CLAIMS") ARISING IN CONNECTION
WITH OR RELATING TO THIS AGREEMENT OUT OF (1) CUSTOMER'S PRODUCTS OR SERVICES,
MESSAGES, PROGRAMS, CALLER CONTACTS, COLLECTION ACTIVITIES, PROMOTIONS,
ADVERTISING, LIBEL OR SLANDER; OR (2) ANY FAILURE ON CUSTOMER'S PART TO COMPLY
WITH ANY LAW, RULE, REGULATION, OR ORDINANCE. AT&T, IN ITS SOLE DISCRETION, MAY
ELECT TO CONTROL ITS OWN DEFENSE AGAINST ANY SUCH CLAIMS, WITHOUT ELIMINATING OR
LIMITING IN ANY WAY CUSTOMER'S INDEMNITY OBLIGATIONS UNDER THIS SECTION.
H. Customer agrees and acknowledges that AT&T's agreement to provide Billing
Services for any Program does not constitute a determination that Customer is
in compliance with any or all applicable laws with respect to such Program.
I. AT&T is not responsible for the determination, application, collection or
remittance of any taxes due or which may become due with respect to charges
made to callers for Customer's Programs, except as may be directed by taxing
authorities.
6. TELEPHONE NUMBER CHANGES
Nothing under this Agreement creates an ownership or other interest in the
telephone number assigned for a Program. AT&T reserves the right to change the
900 telephone number assigned to a Program whenever AT&T determines that such a
change is necessary or desirable for its provision of tariffed services or
Billing Services. Upon termination of Billing Services for any Program, AT&T
will assign a different 900 telephone number if Customer elects to continue to
use AT&T's tariffed services.
7. TERM AND TERMINATION
A. This Agreement is effective when signed by Customer's agent and accepted in
writing by AT&T. Either party may terminate this Agreement or the Billing
Services for one or more particular Customer Programs upon thirty days prior
written notice to the other party specifying the exact date of such termination.
B. Customer may cancel this Agreement without termination liability if AT&T
fails to perform or observe any material term or condition of this Agreement
and such failure continues remediless for thirty days after AT&T receives
written notice of such failure from Customer.
C. AT&T may immediately terminate this Agreement, or the Billing Services for
one or more particular Customer Programs, if AT&T in its sole discretion
determines that: (1) AT&T's provision of tariffed services may be adversely
affected by the applicable Program(s), or by the provision of Billing Services;
(2) the Program(s) or the provision of Billing Services may adversely affect
AT&T's public image, reputation or goodwill; (3) A LEC or other local service
provider will not provide needed services, or will not provide them at rates or
on terms acceptable to AT&T; (4) Customer (or Customer's information provider
or other customer) has not complied with the current Guidelines, regardless of
whether AT&T has previously reviewed or released the particular Programs or
advertising; or (5) Customer has breached this Agreement. In addition, AT&T may
immediately
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terminate this Agreement, or the Billing Services for one or more particular
Customer Program(s) if: (1) AT&T receives any complaint regarding Customer's
Program(s) or any related messages, representations, promotions, advertising,
products or services; (2) any claim is made against AT&T arising from
Customer's Program(s) or any related messages, representations, promotions,
advertising, products or services; (3) Customer or its Program(s) become the
subject of a government investigation, lawsuit, or criminal action.
D. On receipt of any claim or complaint against Customer in connection with
AT&T's Billing Services or upon notice of an investigation by a law enforcement
agency, if AT&T has reason to believe that Customer is defrauding AT&T, or if a
dispute arises in connection with Customer's assignment of revenues, AT&T may
deposit all amounts then or thereafter due to Customer or its assignee in an
escrow account pending the resolution of all such claims, complaints and
disputes.
E. Unless otherwise agreed to in writing, this Agreement shall terminate
automatically if Customer does not order appropriate AT&T tariffed services and
request installation within 90 days of assignment of a 900 telephone number.
F. Upon termination of Billing Services by AT&T, Customers shall be liable for
all applicable charges, including any applicable termination charge.
G. AT&T may, at its option, perform a credit check on Customer at any time, and
may terminate this Agreement if it determines that Customer's credit history is
unsatisfactory.
8. TELECOMMUNICATIONS SERVICES
This Agreement does not offer or affect tariffed services. If this Agreement
conflicts with any AT&T tariff, the tariff shall govern. Charges under this
Agreement will not be affected by outages or degradation in tariffed services,
and charges for tariffed services will not be affected by performance under
this Agreement.
9. WARRANTY AND DISCLAIMER
AT&T shall use reasonable efforts to provide Billing Services of a quality
consistent with the billing for its own services. AT&T's Customer of Record
shall notify AT&T in writing of any billing discrepancy within sixty (60) days
of receipt of the ▇▇▇▇. AT&T shall have no obligation to correct any
discrepancy not brought to its attention within that period. AT&T shall
investigate any such billing discrepancy and shall reasonably correct any
discrepancies it finds to be genuine. Customer further agrees to provide AT&T
with necessary information it has or acquires to help identify the cause of an
error and its correction and to provide such information in the format
requested by AT&T. The above warranty is the only warranty provided in
connection with this Attachment. THIS WARRANTY IS EXCLUSIVE AND IS IN LIEU OF
ALL OTHER EXPRESS AND IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO,
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR QUALITY, OR
SUITABILITY FOR CALLERS OF CUSTOMER'S PRODUCTS OR SERVICES.
10. LIMITATIONS AND LIABILITY
A. "AT&T" SHALL BE DEEMED TO INCLUDE AT&T CORP., ITS SUBSIDIARIES AND THEIR
AFFILIATES, AND THE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES,
SUB-CONTRACTORS AND SUPPLIERS OF ALL OF THEM. "DAMAGES" SHALL REFER TO ALL
INJURY, DAMAGE, LOSS OR EXPENSE INCURRED.
B. AT&T'S ENTIRE LIABILITY TO CUSTOMER FOR ANY DAMAGES CAUSED BY AT&T'S
PERFORMANCE OR NON-PERFORMANCE OF BILLING
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SERVICES UNDER THIS AGREEMENT, REGARDLESS OF THE FORM OF ACTION, WHETHER IN
CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, SHALL BE LIMITED, AS
FOLLOWS:
(1) FOR DAMAGES TO REAL OR TANGIBLE PERSONAL PROPERTY OR FOR BODILY INJURY OR
DEATH TO ANY PERSON NEGLIGENTLY CAUSED BY AT&T, AT&T'S LIABILITY SHALL BE THE
PROVEN DAMAGES TO PROPERTY OR PERSON;
(2) FOR ALL OTHER CLAIMS, AT&T'S LIABILITY SHALL BE LIMITED TO PROVEN DIRECT
DAMAGES IN AN AGGREGATE AMOUNT NOT TO EXCEED $50,000.
C. AT&T SHALL NOT BE LIABLE FOR INCIDENTAL, INDIRECT, SPECIAL, OR CONSEQUENTIAL
DAMAGE, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOST PROFITS, SAVINGS OR
REVENUES OF ANY KIND, WHETHER OR NOT AT&T HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES.
11. FORCE MAJEURE
AT&T shall have no liability for delays or damages due to fire, explosion,
lightning, pest damage, power surges or failures, strikes or labor disputes,
water, acts of God, the elements, war, civil disturbances, acts of civil or
military authorities, including but not limited to any regulatory agencies
having jurisdiction over AT&T, the LEC or other local service provider, acts of
the public enemy, inability to secure raw materials, transportation facilities,
fuel or energy shortages, acts or omissions of any common carrier or its agent
(including among others the LEC), or other causes beyond AT&T's control whether
or not similar to the foregoing.
12. ASSIGNMENT OR TRANSFER
Neither party may assign or transfer this Agreement without the prior written
consent of the other party. Consent shall not be unreasonably withheld. AT&T
may assign this Agreement to a present or future affiliate or subsidiary or
assign its right to receive payment. If Customer assigns or transfers the
revenues due under this Agreement, in addition to obtaining AT&T's prior
written consent, it must: (1) give AT&T thirty days notice of the effective
date of the assignment; (2) designate the specific account or account numbers
and "900" telephone numbers to which the assignment applies by completing the
applicable form provided by AT&T to the Customer; and (3) waive all rights to
move existing Programs from an assigned account. An assignment or transfer by
Customer authorizes AT&T to disclose to the assignee or transferee ("Successor
Customer") financial and other relevant data concerning the affected Programs.
Customer shall remain jointly and severally liable with Successor Customer for
any obligations existing or incurred up to the time of transfer or assignment,
including but not limited to (1) all outstanding indebtedness to AT&T on the
MultiQuest accounts being transferred, as determined from AT&T's records, and
(2) the unexpired portion of any applicable minimum payment period(s).
Successor Customer shall be subject to all obligations of the Customer at the
time of transfer or assignment, including but not limited to (1) all
outstanding indebtedness to AT&T on the MultiQuest accounts being transferred
as determined from AT&T's records, (2) the unexpired portion of any applicable
minimum payment period(s), and (3) all future obligations under the agreements
and accounts transferred to Successor Customer.
All assignments and transfers are contingent upon (1) the applicable program(s)
being reviewed for compliance to AT&T's guidelines, (2) execution of all
appropriate Premium Billing Agreements by the New Customer and AT&T, (3)
payment of all debit balances in full, and (4) receipt of original copies of
the Notification of
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Transfer of Service Agreement by the MultiQuest Client Care Center within the
specified timeframe. Transfers or assignments shall become effective upon the
date specified by AT&T upon acceptance of the transfer.
13. NO THIRD PARTY BENEFICIARY
This Agreement is solely for the benefit of the parties. No third party,
including but not limited to Callers and Customer's downstream customers, is
intended to benefit from this Agreement or have claims against either party for
its performance or nonperformance.
14. DISPUTE RESOLUTION
If a dispute arises out of or relates to this Agreement, or its breach, and if
such dispute cannot be settled through discussion and negotiation of the
parties, the parties agree to submit the dispute to a sole mediator selected by
the parties or, at any time at the option of a party, to mediation or binding
arbitration by the American Arbitration Association ("AAA").
15. GENERAL
A. Any supplement, modification or waiver of any provision of this Agreement
must be in writing and signed by the authorized representatives of both parties.
B. If any portion of this Agreement is found to be invalid or unenforceable,
the remaining portions shall remain in effect. In the event any invalid or
unenforceable portion is an essential part of this agreement, the parties will
immediately negotiate a replacement.
C. If either party ever fails to enforce any right or remedy available to it
under this Agreement, that failure shall not be construed as a waiver of any
right or remedy with respect to any other breach or failure by the other party.
D. Any legal action Customer brings against AT&T with respect to this
Agreement must begin within two (2) years after the cause of action arises.
E. THIS IS THE ENTIRE AGREEMENT BETWEEN THE PARTIES WITH RESPECT TO THE
SERVICES PROVIDED HEREUNDER AND SUPERSEDES ALL PRIOR AGREEMENTS, PROPOSALS OR
UNDERSTANDINGS, WHETHER WRITTEN OR ORAL.
F. THIS AGREEMENT SHALL BE CONSTRUED IN ACCORDANCE WITH AND GOVERNED BY THE
LOCAL LAWS OF THE STATE OF NEW YORK. THE PARTIES HEREBY AGREE TO THE EXCLUSIVE
JURISDICTION OF THE COURTS OF THE STATE OF NEW YORK OR THE UNITED STATES
DISTRICT COURTS LOCATED IN THE STATE OF NEW YORK FOR THE PURPOSE OF ANY ACTION
OR PROCEEDING BROUGHT BY EITHER OF THEM IN CONNECTION WITH THIS AGREEMENT. THE
PARTIES AGREE THAT THE FOREGOING SHALL PRECLUDE THE JURISDICTION AND APPLICATION
OF ANY OTHER FORUM AND LAW.
16. FEATURES The features described here do not fully represent all offers
associated with AT&T MultiQuest Services.
A. AT&T's Vari-A-▇▇▇▇ feature is available with Billing Services for AT&T
MultiQuest Interacter Service. This feature allows Customer to change the rate
at which the caller is to be charged (the "Caller Rate") at a
Customer-determined time during the call. Customer shall change the Caller Rate
by issuing a Vari-A-▇▇▇▇ Rate Change Request to AT&T, specifying the new Caller
Rate, over an Integrated Services Digital Network ("ISDN") Primary Rate
Interface ("PRI") obtained under tariff or separate contract from AT&T by the
Customer.
(1) Using the Vari-A-▇▇▇▇ feature, Customer may follow AT&T-provided procedures
to change the Caller Rate to a flat (per call) charge, a free call, a premium
charge, a
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premium credit, or a new rate for the remaining time of the call.
(2) Full and complete rate disclosure in both Customers' advertisements, and in
the Customer's Program preamble(s), is the responsibility of the Customer. Such
disclosures must comply with, among others, federal and state laws and
regulations (including the Federal Communication's regulations regarding
preambles to pay-per-call programs and the Federal Trade Commissions
Regulations). Before sending a Vari-A-▇▇▇▇ Rate Change request, Customer must
inform the Caller of the new rate or charge, and gain confirmation or
acceptance of the new rate or charge from the Caller. No attempt will be made
by AT&T to perform rate or charge disclosure or confirmation. If the Caller is
under 18 years of age, Customer is responsible for ensuring that the Caller has
permission from a parent or guardian to complete the call.
(3) If charges for a call exceed the Maximum Allowable Per Call Charge, or the
Maximum Allowable Premium Charge, or the Maximum Allowable Per Minute Rate (as
specified in the Agreement), the Customer will provide a corrected record of
the charge or rate to AT&T within two business days of AT&T's request for such
information. If Customer does not provide this information within the specified
time frame, AT&T will remove the charges recorded for the call after the
Vari-A-▇▇▇▇ rate or charge change was received by AT&T. Customer will continue
to be responsible for all tariffed charges and Billing Services fees for such
calls.
(4) If a Caller contacts AT&T and inquires about a charge or fee, claiming that
it exceeds the amount agreed between Caller and Customer, then AT&T may request
from Customer a verifiable record of Caller's agreement to the charge or fee.
If Customer fails to provide such a verifiable record within two business days,
and if Caller continues to request an adjustment, Customer agrees that AT&T is
authorized to credit Caller for the entire amount of the call. Customer will
continue to be responsible for all tariffed charges and Billing Services fees
for such calls.
(5) Customer shall ensure that its customer premises equipment ("CPE")
terminating the ISDN PRI facility has passed AT&T's ISDN Compatibility Test
Program. Customer shall provide AT&T with the following information concerning
its CPE: manufacturer, product code, release, date of AT&T ISDN Compatibility
Test. Customer shall ensure that any subsequent retrofits, upgrades,
modifications or other changes to its CPE used in connection with AT&T
Vari-A-▇▇▇▇ Service has passed AT&T's ISDN Compatibility Test Program. Customer
agrees to pay AT&T for all AT&T expenses that result from caller inquiry trouble
isolation, resolution, and other work associated with Customer's installation
and operation of CPE that has not passed AT&T's ISDN Compatibility Test Program.
(6) Customer shall designate a contact person and telephone number which may
change this designated contact upon at least one business day's prior written
notice to AT&T.
(7) Charges for the Vari-A-▇▇▇▇ feature are in addition to the other tariffed
charges and Billing Services fees incurred by Customer.
B. Call Prompter Rating ("CPR") Feature is available with AT&T MultiQuest
Interacter Service or Express 900 Service.
(1) CPR affords the Customer the ability to vary the set of rating options to a
Caller (without changing the 900 telephone number) based upon the responses
made to Call Prompter announcements. Rate sets can be individually assigned to
a maximum of four Call Prompter "branches" identified by specific ▇▇▇▇
designator. These rates will apply when a caller from an end office that
delivers Automatic Number Identification (ANI), successfully enters the valid
digits for the branch, otherwise the default value applies.
(2) Full and complete rate disclosure in both Customers' advertisements, and in
the Customer's Program preamble(s), and
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compliance with the AT&T CPR Guidelines is the responsibility of the Customer.
Such disclosures must comply with, among others, federal and state laws and
regulations (including the Federal Communications Commission's regulations
regarding preambles to pay-per-call programs and the Federal Trade Commissions
regulations).
(3) Charges for the CPR feature are in addition to the other tariffed charges
and Billing Services fees incurred by Customer.
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