CLEAR WORLD COMMUNICATIONS CORPORATION                      Terms and Conditions of Service

3501 So. Harbor Boulevard #100                                                                                        Original Page 1

Santa Ana, California 92704                                                                                                                    

                                                                                                                                                           

                                                                                                                                                           

 

 

 

 

 

 

 

 

 

 

                                        Long Distance Message Telecommunications Service

 

                                                       Terms and Conditions of Service

 

                                                                             of

 

                                   CLEAR WORLD COMMUNICATIONS CORPORATION

 

 

 

 

 

 

This document includes the terms and conditions of service for the provision of interstate and international telecommunications service by Clear World Communications Corporation ("Company") between locations in the United States and U.S. Territories and between certain locations in the United States and foreign localities.

 

 

 

 

CLEAR WORLD COMMUNICATIONS CORPORATION                      Terms and Conditions of Service

3501 So. Harbor Boulevard #100                                                                                   2nd Revised Page 2

Santa Ana, California 92704                                                                               Cancels 1st Revised Page 2

                                                                                                                                                           

                                                                                                                                                           

 

 

                                                                  CHECK SHEET

 

Pages of these terms and conditions of services, as indicated below, are effective as of the date shown at the top of the respective pages.  Original and revised pages, as named below, comprise all changes from the original tariff and are currently in effect as of the date on the top of this page.

 

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* - indicates pages includes with this posting.

 

 

 

CLEAR WORLD COMMUNICATIONS CORPORATION                      Terms and Conditions of Service

3501 So. Harbor Boulevard #100                                                                                        Original Page 3

Santa Ana, California 92704                                                                                                                    

                                                                                                                                                           

                                                                                                                                                           

            Effective: January 29, 2003

 

 

                                                            TABLE OF CONTENTS

 

Check Sheet........................................................................................................................................ 2

 

Table of Contents................................................................................................................................ 3

 

Concurring Carriers............................................................................................................................. 4

 

SECTION 1 - Definitions  ................................................................................................................... 5

 

SECTION 2 - Regulations  .................................................................................................................. 7

 

SECTION 3 - Promotions  ................................................................................................................. 25

 

SECTION 4 - Contract Services  ........................................................................................................ 26

CLEAR WORLD COMMUNICATIONS CORPORATION                      Terms and Conditions of Service

3501 So. Harbor Boulevard #100                                                                                        Original Page 4

Santa Ana, California 92704                                                                                                                    

                                                                                                                                                           

                                                                                                                                                           

 

 

                                                         CONCURRING CARRIERS

 

                                                                          None

 

                                                         CONNECTING CARRIERS

 

                                                                          None

 

 

SYMBOLS

 

(C)       To signify changed listing, rule, or condition which may affect rates or charges.

 

(D)       To signify discontinued material, including listing, rate, rule, or condition.

 

(I)        To signify an increase.

 

(M)       To signify material relocated from or to another part of this document with no change in text, rate, rule or condition.

 

(N)       To signify new material including listing, rate, rule or condition.

 

(R)       To signify reduction.

 

(S)        To signify reissued material.

 

(T)        To signify change in wording of text but not change in rate, rule, or condition.

 

 

CLEAR WORLD COMMUNICATIONS CORPORATION                      Terms and Conditions of Service

3501 So. Harbor Boulevard #100                                                                                        Original Page 5

Santa Ana, California 92704                                                                                                                    

                                                                                                                                                           

                                                                                                                                                           

 

 

                                                         SECTION 1 - DEFINITIONS

 

Authorized User - A person, firm, corporation or other entity who is authorized by the Subscriber to be connected to the service of the Subscriber under the terms and regulations of this document.

 

Authorization Code - A pre-defined series of numbers to be dialed by the Customer or Authorized User upon access to the Company's system to identify the caller and validate the caller's authorization to use the services provided.

 

Commission - Federal Communications Commission.

 

Company - Used throughout this document to refer to Clear World Communications Corporation unless otherwise clearly indicated by the context.

 

Customer - Any person, firm, partnership, corporation, or other entity which uses telecommunications services under the provisions and regulations of this document and is responsible for payment of charges.  The Customer is also a Subscriber when the Customer orders services on behalf of him/herself.

 

Dedicated Access - A method of reaching the Company's services whereby the Subscriber is connected directly to the Company's access point without utilizing the services of the local switched network.

 

End User - Any person, firm, corporation, partnership or other entity which uses the services of the Company under the provisions and regulations of this document.  The End User is responsible for payment unless the charges for the services utilized are accepted and paid by another Customer.

 

CLEAR WORLD COMMUNICATIONS CORPORATION                      Terms and Conditions of Service

3501 So. Harbor Boulevard #100                                                                                        Original Page 6

Santa Ana, California 92704                                                                                                                    

                                                                                                                                                           

                                                                                                                                                           

 

 

                                               SECTION 1 - DEFINITIONS, (CONT'D.)

 

Equal Access - The ability of the Company to serve End Users on a presubscribed basis rather than through the use of dial access codes.

 

Holidays - Holidays observed by the company as specified in this document are New Year's Day, Fourth of July (Independence Day), Memorial Day (the federally observed day) Labor Day (the federally observed day), Thanksgiving Day and Christmas Day.

 

Peak/Off-Peak - Peak hours are 8: 00 AM up to but not including 5: 00 PM Monday through Friday.  Off-peak hours are 5:00 PM Friday up to but not including 8:00 AM Monday through Friday and all day Saturday and Sunday.

 

Special Access - See Dedicated Access.

 

Subscriber The person, firm, Customer, corporation or other entity that arranges for the Company to provide, discontinue or rearrange telecommunications services on behalf of itself or others under the provisions and terms of this document.  Also see Customer.

 

Switched Access - A method for reaching the Company through the local switched network whereby the End User uses standard business or residential local lines.

 

United States - The term "United States" applies to the 48 contiguous states and the District of Columbia, Hawaii and Alaska, as well as the immediate off-shore area outside the boundaries of the coastal states of the 48 contiguous states to the extent that such areas pertain to and are subject to the jurisdiction and control of the United States.

 

CLEAR WORLD COMMUNICATIONS CORPORATION                      Terms and Conditions of Service

3501 So. Harbor Boulevard #100                                                                                        Original Page 7

Santa Ana, California 92704                                                                                                                    

                                                                                                                                                           

                                                                                                                                                           

 

 

                                                       SECTION 2 - REGULATIONS

 

2.1        Undertaking of the Company

 

The Company's services and facilities are furnished to Customers for communications originating and terminating within the United States, Puerto Rico and the U.S. Virgin Islands and between certain locations in the United States and foreign localities under these terms and conditions of service.  The Company services and facilities are available twenty-four hours per day, seven days per week.  All service is subject to the availability of suitable facilities.

 

The Company arranges for installation, operation, and maintenance of the communications services provided in this document for Customers in accordance with the terms and conditions set forth under this document.

 

 

 

CLEAR WORLD COMMUNICATIONS CORPORATION                      Terms and Conditions of Service

3501 So. Harbor Boulevard #100                                                                                        Original Page 8

Santa Ana, California 92704                                                                                                                    

                                                                                                                                                           

                                                                                                                                                           

 

 

                                              SECTION 2 - REGULATIONS, (CONT'D.)

 

2.2        Limitations

 

2.2.1     Service is offered subject to the availability of the necessary facilities and equipment, and is subject to the provisions of this document.

 

2.2.2     The Company reserves the right to discontinue or limit service when necessitated by conditions beyond its control, or when the customer is using service in violation of provisions of this document or the law.

 

2.2.3     The Company does not undertake to transmit messages, but offers the use of its facilities when available, and will not be liable for errors in transmission or for failure to establish connections.

 

2.2.4     The Company reserves the right to refuse to process calls billed to a telephone company-issued calling card when authorization for use of the calling card cannot be validated.

 

2.2.5     The Company reserves the right to refuse to process third party billed calls when the billed party does not confirm acceptance of the charges or based on originating location.

 

2.2.6     The Company reserves the right to discontinue service, limit service, or to impose requirements on Customers or Subscribers as required to meet changing regulatory or statutory rules and standards, or when such rules and standards have an adverse material affect on the business or economic feasibility of providing service, as determined by the Company in its reasonable judgment.

 

 

 

CLEAR WORLD COMMUNICATIONS CORPORATION                      Terms and Conditions of Service

3501 So. Harbor Boulevard #100                                                                                        Original Page 9

Santa Ana, California 92704                                                                                                                    

                                                                                                                                                           

                                                                                                                                                           

 

 

                                              SECTION 2 - REGULATIONS, (CONT'D.)

 

2.3        Assignment or Transfer

 

All services provided under this document are directly or indirectly controlled by the Company and neither the Customer nor the Subscriber may transfer or assign the use of service or facilities without the express written consent of the Company.  Such transfer or assignment shall only apply where there is no interruption of the use or location of the service or facilities.

 

Prior written permission from the Company is required before any assignment or transfer.  All regulations and conditions contained in this document shall apply to all such permitted assignees or transferees, as well as all conditions of service.

 

2.4        Use of Service

 

Services provided under this document may be used for any lawful purpose for which the service is technically suited, subject to the terms of this document and the policies and regulations of the Federal Communications Commission.

 

 

 

CLEAR WORLD COMMUNICATIONS CORPORATION                      Terms and Conditions of Service

3501 So. Harbor Boulevard #100                                                                                      Original Page 10

Santa Ana, California 92704                                                                                                                    

                                                                                                                                                           

                                                                                                                                                           

 

 

                                              SECTION 2 - REGULATIONS, (CONT'D.)

 

2.5        Liability of the Company

 

2.5.1     Except as provided in Section 2.5, the Company shall have no liability for damages of any kind arising out of or related to events, acts, rights or privileges contemplated in this document.

 

2.5.2     The Company's liability for damages resulting in whole or in part from or arising in connection with the furnishing of service under this document, including but not limited to mistakes, interruptions, omissions, delays, errors, or defects in transmission which occur in the course of furnishing service or facilities shall not exceed an amount equal to the cost of the call placed using the Company.  If the Customer places the call via any other carrier for any reason whatsoever, the Company has no liability.  In no event shall any other liability attach to the Company.

 

2.5.3     The Company shall not be liable for claim or loss, expense or damage (including indirect, special or consequential damage), for any failure of performance, interruption, delay, error, omission, or defect in any service, facility or transmission provided under this document, if caused by any person or entity other than the Company, by any malfunction of any service or facility provided by any other carrier, by an act of God, fire, flood or other catastrophes; any law, order, regulation, directive, action or request of the United States Government, or any other government, including state and local governments having jurisdiction over the Company, or of any department, agency, commission, bureau, corporation or other instrumentality of any one or more of said governments, or of any civil or military authority; national emergencies, insurrections, riots, wars, or other labor difficulties, or by any other cause beyond the Company's direct control.

 

 

 

CLEAR WORLD COMMUNICATIONS CORPORATION                      Terms and Conditions of Service

3501 So. Harbor Boulevard #100                                                                                      Original Page 11

Santa Ana, California 92704                                                                                                                    

                                                                                                                                                           

                                                                                                                                                           

 

 

                                              SECTION 2 - REGULATIONS, (CONT'D.)

 

2.5        Liability of the Company, (Cont'd.)

 

2.5.4     The Company shall not be liable for any act or omission of any other entity furnishing to the Customer facilities, equipment, or services used with the Company's Long Distance Message Telecommunications Service.  Nor shall the Company be liable for any damages or losses due to the failure or negligence of the Customer or due to the failure of Customer-provided equipment, facilities or services.

 

2.5.5     The Company shall not be liable for, and shall be fully indemnified and held harmless by Customer against any claim or loss, expense, or damage (including indirect, special or consequential damage) and including reasonable counsel fees for defamation, libel, slander, invasion, infringement of copyright or patent, unauthorized use of any trademark, trade name or service mark, unfair competition, interference with or misappropriation or violation of any contract, proprietary or creative right, or any other injury to any person, property or entity arising out of the material, data, information, or other content in connection with the material transmitted over the Company's facilities; or for any act or omission of the Customer; or for any personal injury or death of any person caused directly or indirectly by the installation, maintenance, location, condition, operation, failure, presence, use or removal of equipment or wiring provided by the Company, if not directly caused by negligence of the Company.

 

2.5.6     The Company shall not be liable for any defacement of or damages to the premises of a Customer or Subscriber resulting from the furnishing of service which is not the direct result of the Company's negligence.

 

 

 

CLEAR WORLD COMMUNICATIONS CORPORATION                      Terms and Conditions of Service

3501 So. Harbor Boulevard #100                                                                                      Original Page 12

Santa Ana, California 92704                                                                                                                    

                                                                                                                                                           

                                                                                                                                                           

 

 

                                              SECTION 2 - REGULATIONS, (CONT'D.)

 

2.5        Liability of the Company, (Cont'd.)

 

2.5.7     Except as otherwise indicated, Customer-provided station equipment at the Customer's premises for use in connection with this service shall be so constructed, maintained and operated as to work satisfactorily with the facilities of the Company.

 

The Company shall not be responsible for the installation, operation or maintenance of any Customer-provided communications equipment.  Where such equipment is connected to service furnished pursuant to this document, the responsibility of the Company shall be limited to the furnishing of services under this document and to the maintenance and operation of such services in the proper manner.  Subject to this responsibility, the Company shall not be responsible for:

 

(A)       the through transmission of signals generated by Customer-provided equipment or for the quality of, or defects in, such transmission; or

 

(B)       reception of signals by Customer-provided equipment; or

 

(C)       network control signaling where such signaling is performed by Customer-provided network control signaling equipment.

 

 

 

CLEAR WORLD COMMUNICATIONS CORPORATION                      Terms and Conditions of Service

3501 So. Harbor Boulevard #100                                                                                      Original Page 13

Santa Ana, California 92704                                                                                                                    

                                                                                                                                                           

                                                                                                                                                           

 

 

                                              SECTION 2 - REGULATIONS, (CONT'D.)

 

2.6        Liability of the Customer

 

2.6.1     The Customer shall provide the personnel, power and space required to operate all facilities and associated equipment installed on the premises of the Customer.

 

2.6.2     The Customer shall be responsible for providing Company personnel access to premises of the Customer at any reasonable hour for the purpose of testing the facilities or equipment of the Company.

 

2.6.3     The Customer will be liable for damages to the facilities of the Company caused by negligence or willful acts of officers, employees, agents or contractors of the Customer.

 

2.7        Use of Recording Devices

 

Customers and Authorized Users who use recording devices do so at their own risk.  A Customer or Authorized User may only use a recording device if the Customer or Authorized User complies with all regulatory requirements and with the requirements of this section.

 

2.7.1     A Customer or Authorized User may record a conversation if the Customer or Authorized User obtains written or verbal consent to the recording of all parties to the conversation prior to or at the beginning of the conversation.

 

2.7.2     A distinctive recorder tone must be repeated at intervals of approximately fifteen (15) seconds to alert all parties to the conversion that a recording device is being used.

 

2.7.3     The requirements of 2.7.1 and 2.7.2 are waived for Broadcast licensees who use a recording device to record a conversation for broadcast if all parties to the conversation are aware that the conversation will be broadcast.

 

2.7.4     The Customer or Authorized User is able to connect or disconnect the recording device, or turn the recording device on or off, at will.

 

 

 

CLEAR WORLD COMMUNICATIONS CORPORATION                      Terms and Conditions of Service

3501 So. Harbor Boulevard #100                                                                                      Original Page 14

Santa Ana, California 92704                                                                                                                    

                                                                                                                                                           

                                                                                                                                                           

 

 

                                              SECTION 2 - REGULATIONS, (CONT'D.)

 

2.8        Payment for Service

 

2.8.1     Payment shall be due upon receipt of invoice.  Such payment shall be deemed delinquent after 30 days or the due date on the invoice, whichever is sooner.

 

2.8.2     The Customer is responsible for payment of all charges for services and equipment furnished to the Customer or to an Authorized User of the Customer by the Company.  All charges due by the Customer are payable to the Company or to the Company's authorized billing agent (such as a local exchange telephone company).  Bills are due and payable upon receipt.  Any objections to billed charges must be reported to the Company or its billing agent within thirty (30) calendar days after receipt of bill.  Adjustments to Customer's bills shall be made to the extent that circumstances exist which reasonably indicate that such changes are appropriate.  No charges may be contested after expiration of the 30 day period.  Disputed charges must be in writing and supported by detailed documentation showing the difference between the billed charges and the amount the Customer purports the charges to be.  Short duration calls are deemed to be completed calls and are not subject to dispute.

 

2.8.3     All applicable taxes will be billed to the Customer unless the Customer can demonstrate to the Company's satisfaction that the Customer is collecting the applicable taxes from its customers.

 

2.8.4     In the event that the Company incurs fees or expenses, including attorney's and/or paralegal's fees, for collecting, or attempting to collect, any charges owned to the Company, the Company may charge the Customer all such fees and expenses reasonably incurred, including a late fee on the unpaid charges.

 

 

 

CLEAR WORLD COMMUNICATIONS CORPORATION                      Terms and Conditions of Service

3501 So. Harbor Boulevard #100                                                                                      Original Page 15

Santa Ana, California 92704                                                                                                                    

                                                                                                                                                           

                                                                                                                                                           

 

 

                                              SECTION 2 - REGULATIONS, (CONT'D.)

 

2.8        Payment for Service, (Cont'd.)

 

2.8.5     Interest at the lesser of (1) the rate of one and one-half percent (1.5%) per month, or (2) the highest rate allowed by law per month shall accrue upon any unpaid amount commencing thirty (30) day after the date of the bill for the amount first sent.  Such interest is separate and distinct from attorney and/or paralegal fees and other costs incurred in collecting charges owed to the Company.

 

2.8.6     The Company reserves the right to assess a charge of twenty-five dollars ($25.00) whenever a check or draft presented for payment of service is not accepted by the institution on which it is written.

 

2.8.7     The Company reserves the right to back-bill Customers for any undercharge for a period of up to one year.

 

2.8.8     If a Customer accumulates undisputed delinquent charges, the Company reserves the right not to honor that Customer's request for a change in service or billing name or address until such undisputed charges are paid in full.

 

2.8.9     Where a Customer has multiple accounts under the same name and is delinquent on one or more of those accounts, the balance due on the delinquent accounts may be added to the Customer's non-delinquent accounts.

 

 

 

CLEAR WORLD COMMUNICATIONS CORPORATION                      Terms and Conditions of Service

3501 So. Harbor Boulevard #100                                                                                      Original Page 16

Santa Ana, California 92704                                                                                                                    

                                                                                                                                                           

                                                                                                                                                           

 

 

                                              SECTION 2 - REGULATIONS, (CONT'D.)

 

2.9        Deposits

 

2.9.1     Each applicant for service will be required to establish credit. Any applicant whose credit has not been established to the sole and exclusive satisfaction of the Company may be required to make a deposit to be held as a guarantee of payment of charges.  An existing Customer may be required to make a deposit or increase a deposit presently held.  The deposit may be held for as long as the financial condition or creditworthiness of the Customer is considered to be unsatisfactory to the Company.

 

2.9.2     The fact that a deposit has been made in no way relieves the Customer from the prompt payment of bills upon presentation.

 

2.9.3     Interest on a cash deposit will be paid to a Customer for the period that the cash deposit is held by the Company.  The interest rate used will be simple interest at the rate of six percent (6%) annually, unless a different rate has been established by the appropriate legal authority in the state where the Customer is billed.

 

2.10      Advance Payments

 

The Company reserves the right to require an advance payment from a Customer instead of, or in addition to, a deposit.  The advance payment shall be in amount equal to or less than two months estimated billing.

 

2.11      Interconnection with Other Carriers

 

Service furnished by the Company may be connected with the services or facilities of other carriers.  Such service or facilities, if used, are provided under the terms, rates and conditions of the other carrier.  The Customer is responsible for all charges billed by other carriers for use in connection with the Company's service.  Any special interface equipment or facilities necessary to achieve compatibility between carriers is the responsibility of the Customer.

 

 

 

CLEAR WORLD COMMUNICATIONS CORPORATION                      Terms and Conditions of Service

3501 So. Harbor Boulevard #100                                                                                      Original Page 17

Santa Ana, California 92704                                                                                                                    

                                                                                                                                                           

                                                                                                                                                           

 

 

                                              SECTION 2 - REGULATIONS, (CONT'D.)

 

2.12      Refusal or Discontinuance by Company

 

The Company may refuse or discontinue service for noncompliance with and/or violation of any Federal, State or municipal law, ordinance or regulation pertaining to telephone service.  Service may also be discontinued or refused for the following conditions:

 

2.12.1   For neglect or refusal to provide reasonable access to the Company for the purpose of inspection and maintenance of equipment owned by the Company.

 

2.12.2   For non-compliance with and/or violation of the Commission's regulations or the Company's rules and regulations.

 

2.12.3   For non-payment of bills for telephone service 30 days after bill rending.  The Company may, upon 24 hours advance notice in writing to the Customer, without incurring any liability, discontinue the furnishing of service under this document.

 

2.12.4   Without notice in the event of Customer use of equipment in such a manner as to adversely affect the Company's equipment or the Company's service to others.

 

2.12.5   Without notice in the event of tampering with the equipment furnished and owned by the Company.

 

 

 

CLEAR WORLD COMMUNICATIONS CORPORATION                      Terms and Conditions of Service

3501 So. Harbor Boulevard #100                                                                                      Original Page 18

Santa Ana, California 92704                                                                                                                    

                                                                                                                                                           

                                                                                                                                                           

 

 

                                              SECTION 2 - REGULATIONS, (CONT'D.)

 

2.12      Refusal or Discontinuance by Company, (Cont'd.)

 

2.12.6   Without notice in the event of unauthorized or fraudulent use of service.  Whenever service is discontinued for fraudulent use of service, the Company may, before restoring service, require the Customer to make, at his or her own expense, all changes in facilities or equipment necessary to eliminate illegal use and to pay an amount reasonably estimated as the loss in revenues resulting from such fraudulent use.

 

2.12.7   When necessary for the Company to comply with any order or request of any governmental authority having jurisdiction.

 

2.12.8   Calling Card numbers and Authorization Codes are issued only by the Company to its Customers and may not be sold or otherwise distributed without the written consent of the Company.  Any unauthorized or unlawful use of such numbers or Authorization Codes will result in the immediate termination of the service without notice.  The Company may block access to overseas points when fraudulent or unlawful use is substantial.

 

 

 

CLEAR WORLD COMMUNICATIONS CORPORATION                      Terms and Conditions of Service

3501 So. Harbor Boulevard #100                                                                                      Original Page 19

Santa Ana, California 92704                                                                                                                    

                                                                                                                                                           

                                                                                                                                                           

 

 

                                              SECTION 2 - REGULATIONS, (CONT'D.)

 

2.13      Inspection, Testing and Adjustment

 

Upon reasonable notice, the services provided by the Company shall be made available to the Company for tests and adjustments as may be deemed necessary by the Company for maintenance.  No interruption allowance will be granted for the time during which such tests and adjustments are made when the interruption is less than twenty-four consecutive hours.

 

2.14      Interruption of Service

 

Credit allowances for interruptions of service which are not due to the Company's testing or adjusting, to the negligence of the Customer, or to the failure of channels, equipment or communications systems provided by the Customer, are subject to the general liability provisions set forth in Section 2.5 herein. It shall be the obligation of the Customer to notify the Company immediately of any interruption in service for which a credit allowance is desired by Customer.  Before giving such notice, the Customer shall ascertain that the trouble is not within his or her control, or is not in wiring or equipment, if any, furnished by Customer and connected to Company's terminal.  Interruptions caused by Customer-provided or Company-provided automatic dialing equipment are not deemed an interruption of service as defined in this document since the Customer has the option of using the long distance network via local exchange company access.

 

 

 

CLEAR WORLD COMMUNICATIONS CORPORATION                      Terms and Conditions of Service

3501 So. Harbor Boulevard #100                                                                                      Original Page 20

Santa Ana, California 92704                                                                                                                    

                                                                                                                                                           

                                                                                                                                                           

 

 

                                              SECTION 2 - REGULATIONS, (CONT'D.)

 

2.15      Cancellation of Application for Service

 

No charge applies when the applicant cancels an application for service prior to the start of installation or special construction.

 

When an applicant cancels an application for service after the start of installation or special construction, the applicant shall pay a cancellation fee which is the lesser of 1) the costs incurred by the Company, or 2) the charge for the minimum period of the service ordered, plus applicable installation charges.

 

 

 

CLEAR WORLD COMMUNICATIONS CORPORATION                      Terms and Conditions of Service

3501 So. Harbor Boulevard #100                                                                                      Original Page 21

Santa Ana, California 92704                                                                                                                    

                                                                                                                                                           

                                                                                                                                                           

 

 

                                              SECTION 2 - REGULATIONS, (CONT'D.)

 

2.16      Taxes and Surcharges

 

2.16.1   All federal excise taxes, and state and local sales, use and similar taxes are included in the quoted rates for debit card calls.

 

2.16.2   For all other calls, all state and local taxes (i.e., gross receipts tax, sales tax, municipal utilities tax) are listed as separate line items on the Customer's bill and are not included in the quoted rates and charges set forth in this document.

 

2.16.3   To the extent that a municipality, other political subdivision or local agency of government, or Commission imposes upon and collects from the Company a gross receipts tax, occupation tax, license tax, permit fee, franchise fee, or regulatory fee, such taxes and fees shall, insofar as practicable and allowed by law, be billed pro rata to Customers receiving service from the Company within the territorial limits of such municipality, other political subdivision or local agency of government.

 

2.16.4   The Company may adjust its rates and charges or impose additional rates and charges on its Customers in order to recover amounts it is required by governmental or quasi-governmental authorities to collect from or pay to others in support of statutory or regulatory programs. Examples of such programs include, but are not limited to, the Universal Service Fund (USF), the Presubscribed Interexchange Carrier Charge (PICC), and compensation to pay telephone service providers for the use of their pay telephones to access the Company's service.

 

 

 

CLEAR WORLD COMMUNICATIONS CORPORATION                      Terms and Conditions of Service

3501 So. Harbor Boulevard #100                                                                                      Original Page 22

Santa Ana, California 92704                                                                                                                    

                                                                                                                                                           

                                                                                                                                                           

 

 

                                              SECTION 2 - REGULATIONS, (CONT'D.)

 

2.16      Taxes and Surcharges, (Cont'd.)

 

2.16.5   Public Pay Telephone Surcharge

 

In order to recover the Company's expenses to comply with the FCC's pay telephone compensation plan effective on October 7, 1997 (FCC 97-371), an undiscountable per call charge is applicable to all interstate, intrastate and international calls that originate from any domestic pay telephone used to access the Company's services. The Public Pay Telephone Surcharge, which is in addition to standard documented usage charges and any applicable service charges and surcharges associated with the Company's service, applies for the use of the instrument used to access the Company service and is unrelated to the Company's service accessed from the pay telephone.

 

Pay telephones include coin-operated and coinless phones owned by local telephone companies, independent companies and other interexchange carriers. The Public Pay Telephone Surcharge applies to the initial completed call and any reoriginated call (i.e., using the A#@ symbol).

 

Whenever possible, the Public Pay Telephone Surcharge will appear on the same invoice containing the usage charges for the surcharged call. In cases where proper pay telephone coding digits are not transmitted to the Company prior to completion of a call, the Public Pay Telephone Surcharge may be billed on a subsequent invoice after the Company has obtained information from a carrier that the originating station is an eligible pay telephone.

 

The Public Pay Telephone Surcharge does not apply to calls placed from pay telephones at which the Customer pays for service by inserting coins during the progress of the call.

 

Maximum Rate per Call                           $0.35

 

 

 

CLEAR WORLD COMMUNICATIONS CORPORATION                      Terms and Conditions of Service

3501 So. Harbor Boulevard #100                                                                                  1st Revised Page 23

Santa Ana, California 92704                                                                                 Cancels Original Page 23

                                                                                                                                                           

                                                                                                                                                           

 

 

                                              SECTION 2 - REGULATIONS, (CONT'D.)

 

2.16      Taxes and Surcharges, (Cont'd.)

 

2.16.6   Universal Service Fund Fee (USF)

 

Telecommunications services provided by the Company are subject to an undiscountable monthly contribution to federal and state universal service funds.  The Company is required to calculate the amount of the contribution according to a quarterly "contribution factor" established by the Federal communications Commission in consultation with the Universal Service Administration Corporation.  For further information regarding government regulation of the contribution factor and the current contribution factor, see http://www.universalservice.org. Customers that are carriers reselling services purchased from the Company to end users shall be solely responsible for making all universal service fund contributions, pursuant to applicable state and federal laws.

 

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2.16.7   Carrier Cost Recovery Fee

 

This fee allows the Company to recover for the administrative expenses associated with the billing, collection and remittance of federal USF. The charge is applied to each business and residential line each month.

 

 

Business

Residential

Carrier Cost Recovery Fee:

$1.99

$1.99

 

 

 

CLEAR WORLD COMMUNICATIONS CORPORATION                      Terms and Conditions of Service

3501 So. Harbor Boulevard #100                                                                                  1st Revised Page 24

Santa Ana, California 92704                                                                                 Cancels Original Page 24

                                                                                                                                                           

                                                                                                                                                           

 

 

                                                        SECTION 3 - PROMOTIONS

 

3.1        Promotions - General

 

From time to time, the Company will, at its option, promote subscription or stimulate network usage by offering to waive some or all of the nonrecurring or recurring charges for eligible Customers of target products.  Such offers will be available for a limited duration, not to exceed 90 days.  Such promotions will be made available to all similarly situated Customers in the target market area.

 

3.2        Demonstration Calls

 

From time to time, the Company will demonstrate its services by providing free test calls of up to fifteen minutes duration over its network.

 

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3.3        Fifth Month Free Promotion

 

The Fifth Month Free Promotion is a direct dialed outbound long distance service offered to single line residential Customers from switched access lines.  Service is offered on a flat rate basis, twenty-four hours per day, seven days per week.  Customers must dial 1 plus the area code, if applicable, and the terminating number to complete a call utilizing this service.  This promotion provides the Customer with every fifth month of per minute usage service at no cost based upon the customer's average monthly usage for the previous four months.

 

All monthly recurring charges, taxes and surcharges are not part of the average monthly calculation and will still billed and be the responsibility of the Customer to pay during the free months services.  Credit for the fifth month will be to either the actual usage for the month, if said usage is less than the monthly average, or the monthly average.  Usage charges over the monthly average will be billed based upon the specific plan that the customer is subscriber to.  Partial months service for this promotion is considered a full month.

 

 

CLEAR WORLD COMMUNICATIONS CORPORATION                      Terms and Conditions of Service

3501 So. Harbor Boulevard #100                                                                                    Original Page 24.1

Santa Ana, California 92704                                                                                                                    

                                                                                                                                                           

                                                                                                                                                           

 

 

                                                        SECTION 3 - PROMOTIONS

 

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3.4        Fourth Month Free Promotion

 

The Fourth Month Free Promotion is a direct dialed outbound long distance service offered to single line residential Customers from switched access lines.  Service is offered on a flat rate basis, twenty-four hours per day, seven days per week.  Customers must dial 1 plus the area code, if applicable, and the terminating number to complete a call utilizing this service.  This promotion provides the Customer with every fourth month of per minute usage service at no cost based upon the customer's average monthly usage for the previous three months.

 

All monthly recurring charges, taxes and surcharges are not part of the average monthly calculation and will still billed and be the responsibility of the Customer to pay during the free months services.  Credit for the fourth month will be limited to either the actual usage for the month, if said usage is less than the monthly average, or the monthly average.  Usage charges over the monthly average will be billed based upon the specific plan that the customer is subscriber to.  Partial months service for this promotion is considered a full month.

 

3.5        Third Month Free Promotion

 

The Third Month Free Promotion is a direct dialed outbound long distance service offered to single line residential Customers from switched access lines.  Service is offered on a flat rate basis, twenty-four hours per day, seven days per week.  Customers must dial 1 plus the area code, if applicable, and the terminating number to complete a call utilizing this service.  This promotion provides the Customer with every third month of per minute usage service at no cost based upon the customer's average monthly usage for the previous two months.

 

All monthly recurring charges, taxes and surcharges are not part of the average monthly calculation and will still billed and be the responsibility of the Customer to pay during the free months services.  Credit for the third month will be limited to either the actual usage for the month, if said usage is less than the monthly average, or the monthly average.  Usage charges over the monthly average will be billed based upon the specific plan that the customer is subscriber to.  Partial months service for this promotion is considered a full month.

 

 

 

CLEAR WORLD COMMUNICATIONS CORPORATION                      Terms and Conditions of Service

3501 So. Harbor Boulevard #100                                                                                      Original Page 25

Santa Ana, California 92704                                                                                                                    

                                                                                                                                                           

                                                                                                                                                           

 

 

                                                 SECTION 4 - CONTRACT SERVICES

 

4.1        General

 

At the option of the Company, service may be offered on a contract basis to meet specialized requirements of the Customer not contemplated in this document.  The terms of each contract shall be mutually agreed upon between the Customer and Company and may include discounts off of rates contained herein, waiver of recurring or nonrecurring charges, charges for specially designed and constructed services not contained in the Company's general service offerings, or other customized features.  The terms of the contract may be based partially or completely on the term and volume commitment, type of originating or terminating access, mixture of services or other distinguishing features.  Service shall be available to all similarly situated Customers for six months after the initial offering to the first contract Customer for any given set of terms.