TABLE OF CONTENTS
DESCRIPTION OF BILLING SERVICES 4
5. CHANGES TO
PROVIDER’S SERVICES AND RATES 5
ARRANGEMENT AND PAYMENT 5
APPLICABILITY OF OTHER RATES, TERMS AND CONDITIONS 6
MESSAGE EXCHANGE AND
SETTLEMENT OF RATED MESSAGE DETAIL AND/OR THE SETTLEMENT OF MESSAGE
REVENUE FOR RESALE AND UNBUNDLED SERVICE
1.1 This Appendix sets forth
terms and conditions for the exchange record detail and settlement of
revenues for call detail messages provided to ACSI
as a result of the ACSI’s
purchase of Resale Services or appropriate Unbundled Network Elements
is an ALLTEL
service by which Providers offer information services for a fee to an
End-User who dials a number using the “555" prefix.
is an ALLTEL
service by which Providers offer audio services for a fee to an ACSI
End-User who dials a number using the “900” or “976"
Dialing” is an
service by which Providers offer information services for a fee to an
End-User who dials a telephone number with less than seven digits.
are dollar amounts that are credited to an End-User account.
Adjustments may be issued when an End-User denies making a call
or when rated incorrectly.
included in ALLTEL
offerings are Abbreviated Dialing, 555 services, 976 services, CPP
Cellular services and CPP Paging services.
Party Pays Cellular”
or “CPP Cellular”
is a service where an End-User placing a call to a cellular telephone
agrees to pay the charges for the call. Typically, an
announcement is played to the End-User giving the End-User the option
to accept the charges or to end the call without incurring charges.
Party Pays Paging”
or “CPP Paging”
is a service where an End-User placing a call to a pager agrees to
pay the charges for the call. Typically, an announcement is played to
the End-User giving the End-User the option to accept the charges or
to end the call without incurring charges.
CATS Messages” means
intraLATA collect, calling card or third number billed
messages billed to an ACSI
End-User number, and the originating and billed telephone numbers are
located in different Telcordia Client Company territories.
is the entity that offers an ALLTEL
Ancillary Message Service to an End-User.
are amounts billed by ACSI
to its End-Users on behalf of the provider, which after standard
intervals and application of standard collection procedures, are
determined by ACSI
to be impracticable of collection and are written off as bad debt on
final accounts. Uncollectibles are recoursed back to the
Non-CATS Messages are
IntraLATA collect, calling card, or third number-billed messages
where the charges are billed to ACSI’s
End-User and the originating Party is an End-User of ALLTEL
or that of another LEC and both End-Users are located in the same
Telcordia Client Company territory.
OF BILLING SERVICES
will receive LEC carried ABS
(“Alternate Billed Service”)
messages being billed to ACSI
End-User lines as detailed in the General Terms and Conditions of the
Agreement to which this Appendix is attached. ALLTEL
shall forward rated messages to ACSI
on the Daily Usage File (DUF).
shall bill charges to ACSI’s
Resale or UNE port account to recover revenue that it has paid to
another carrier for ABS messages billing to ACSI
Resale or UNE port End-User account.
3.3 As a part of provisioning
local service for ACSI,
will block End-User access to 900/976 numbers upon specific written
request by ACSI
for each separate End User line.
shall block End-User access to Ancillary Message Services upon
3.5 If blocking is not requested,
shall record all Ancillary Message Service calls transported by
that originate from ACSI
End-User’s telephone number. ALLTEL
shall provide ACSI
with formatted records for each Ancillary Message Service billable
call in accordance with each Provider’s requested rates. In the
case where ACSI’s
switch generates call information, ACSI
will provide ALLTEL
with call information for each call on a daily basis. ALLTEL
will rate the call with each Provider’s requested rates and return
a formatted record to ACSI.
shall confirm receipt of such formatted records within twenty-four
(24) hours of receipt.
shall exercise good faith efforts to bill and collect all amounts due
from its End-Users for messages distributed under this Appendix.
warrants that the billing and collection for messages distributed
under this Appendix shall be at a performance level no less than ACSI
uses for the billing of its own local Telecommunication Services,
which in no event shall be inconsistent with generally accepted
industry standards of operation for the provision of billing and
4.2 All messages should be billed
within 30 days of receipt. ACSI
further agrees that the billing and collection process for messages
distributed under this Appendix shall comply with all Applicable
TO PROVIDER’S SERVICES AND RATES
acknowledges and understands that the amount which a Provider elects
to charge those who place calls to an Ancillary Message Service is at
Provider’s sole discretion.
ARRANGEMENT AND PAYMENT
shall pay for the Billing and Collection Services for Ancillary
Message Services described herein at the rates set forth in Appendix
Pricing as "Ancillary Billing Message Compensation."
6.2 The amount due to ALLTEL
under this Appendix shall be the total of all billable charges
submitted to ACSI
under this Appendix, less:
6.2.1 All charges due ACSI
under subsection 6.1;
6.2.2 Amounts declared
Uncollectible as provided in subsection
6.2.3 Adjustments as provided in
6.2.4 Taxes collected from ACSI
shall provide ALLTEL
with a monthly statement of amounts billed, amounts collected,
amounts adjusted, uncollectible amounts and End-User taxes by taxing
authority and by Provider including the program number and the amount
of taxes applied to the services, as described in the Guidelines.
The monthly statement should be received by ALLTEL
on or before the fifth Business Day of every month. Payment of
the amount owed to ALLTEL
as calculated in Section 6.2 hereof is due and shall be paid to
on or before thirty (30) calendar days from the date of the monthly
statement. Past due amounts shall accrue late charges at the
rate set forth in Section 8.1 of the General Terms and Conditions of
the Agreement to which this Appendix is attached.
may remove a disputed charge from an End-User’s account within
sixty (60) calendar days from the date of the message; provided that
notice of the adjustment is received by ALLTEL
within sixty (60) calendar days from the date of the message.
may recourse to ALLTEL
an actual uncollectible amount from an End-User’s account, provided
that notice of the recourse of the uncollectible amount is given by
within one hundred twenty (120) calendar days from the date of the
Imposed on Services Performed or Provided by ACSI.
shall be responsible for payment of all sales, use or other taxes of
a similar nature, including interest and penalties on all services
performed or provided by ACSI.
on Ancillary Message Services.
shall be responsible for applying taxes as determined by Provider for
all Ancillary messages billed hereunder as specified in the
Guidelines. Each Provider shall be responsible for determining
what taxes apply to the service it provides and for notifying ALLTEL
of those taxes.
of this information and pursuant to this Agreement ACSI
shall bill and collect such taxes based on information supplied by
Provider and shall remit such taxes to ALLTEL.
shall identify the amount of taxes and type of taxes, by Provider.
shall then remit such collected taxes to the Provider.
Provider shall remit any taxes it owes to the taxing authority.
OF OTHER RATES, TERMS AND CONDITIONS
interconnection, service and network element provided hereunder,
shall be subject to all rates, terms and conditions contained in this
Agreement which are legitimately related to such interconnection,
service or network element. Without limiting the general
applicability of the foregoing, the following terms and conditions of
the General Terms and Conditions are specifically agreed by the
Parties to be legitimately related to, and to be applicable to, each
interconnection, service and network element provided hereunder:
definitions; interpretation, construction and severability; notice of
changes; general responsibilities of the Parties; effective date,
term and termination; fraud; deposits; billing and payment of
charges; non-payment and procedures for disconnection; dispute
resolution; audits; disclaimer of representations and warranties;
limitation of liability; indemnification; remedies; intellectual
property; publicity and use of trademarks or service marks; no
license; confidentiality; intervening law; governing law; regulatory
approval; changes in End User local exchange service provider
selection; compliance and certification; law enforcement; no third
party beneficiaries; disclaimer of agency; relationship of the
Parties/independent contractor; subcontracting; assignment;
responsibility for environmental contamination; force majeure; taxes;
non-waiver; network maintenance and management; signaling;
transmission of traffic to third parties; customer inquiries;
expenses; conflicts of interest; survival; scope of agreement;
amendments and modifications; and entire agreement.