Loading...
HomeMy WebLinkAboutCustomized Pricing Arrangement . .:., ...., , .- Augusta Richmond GA DOCUMENT NAME: Cu..~tom'lftJ DOCUMENT TYPE: YEAR: 0 q BOX NUMBER: 2 ~ FILE NUMBER: t15 l~ " NUMBER OF PAGES: CO ':?r;cIJ Ar(W\Jmcn<G. , " ).11 I" , . I Siebel No. 1-1 BQEf79 BellSouth@ Business Class Family of Services Customized Pricing,Arrangement Account Information: Company Name: Augusta,' Street: 530 Greene St. Ste. 801 City, State, Zip: Augusta, GA, 30911 Contract Number: BSLD 1203-106r1 Contact Information: Customer Contact Name: Customer Contact Phone: Account Executive: Account Executive Phone: Tameka Allen 706-821-2129 Debbie Byrd 706-821-0131 i \ The Customer identified above (the "Customer") hereby enrolls in the BellSouth@ Business) Class Family of SeNices (the "SeNices"). The rates, discounts and other terms and conditions appli6able to / the SeNices are set forth in, and governed by, this Customized Pricing Arrangement ("CPA"), (including related SeNice order forms and/or Term Sheets (as defined below), and the following documents, which may be amended by BellSouth Long Distance, Inc. ("BeIlSouth'Long Distance") and/or BellSouth BSE, Inc. ("BSE"), as applicable, from time to time (collectively, the "Governing Documents"): (a) the relevant BellSouth Long Distance Pricing Guides for SeNices purchased from BellSouth Long Distance which are not subject to tariff and the BellSouth Long Distance state tariffs, or similar documents required by the state regulatory body with jurisdiction over the BellSouth Long Distance tariffed SeNices; and (b) the BSE Pricing Guides, state tariffs, and similar documents required by the state regulatory body with jurisdiction over the BSE local Frame Relay SeNice. Each Governing Document is hereby incorporated into this CPA by reference. Copies of the Governing Documents are available in part at www.tariffs.net/bsld/index.mv or during normal business hours, at BellSouth Long Distance's main office at 400 Perimeter Center Terrace, Suite 350, Atlanta, Georgia 30346. ''\ Customer hereby enrolls for a Term of 3 Years, During the Term of this CPA, Customer hereby agrees that Customer's Minimum Monthly Commitment ("MMC") shall be $2,000 of Contriputory SeNice charges, Customer shall have the right to extend the Term in its sole discretion for one (1) additional three-year period (a "Renewal Term") by providing BellSouth with no less than sixty, (60) days notice of Customer's intent to renew prior to the date of expiration of the current Contract Year. If Customer exercises its renewal right, the Rates,' Charges, MSC and other terms in effect as of the date of expiration of the Term shall continue to be applicable to Customer in the Renewal Term. Contributory SeNice charges for Dedicated Access and Private Line will be calculated after all discounts have been applied. For all other SeNices, Contributory SeNice charges will' be calculated before the application of any discounts. Contributory SeNice charges which contribute toward Customer's MMC are specifically identified in the applicable Gove'rning Documents. REMAINDER OF PAGE LEFT INTENTIONALLY BLANK .@ BE.LLSOUTH v4,510103 Page 1 of 3 PRIV A TE/PROPRIET ARY No disclosure outside BellSouth and customer except by written agreement. 1 ::;r Siebel No. 1-1 BQEF.9 If, in any month following a three (3) month ramp up period, Customer fails to meet its MMC, Customer agrees to pay the difference between Customer's total Contributory Service charges for such month and the MMC specified above. If Customer cancels this CPA or ceases to use Services to a material extent prior to the expiration of the Term, Customer agrees to pay an amount equal to fifty percent (50%) of the MMC multiplied by the number of months remaining in the Term specified above. These charges are in addition to any other valid and outstanding Service charges which may be due. The applicable Governing Documents provisions concerning termination liability shall be inapplicable to any state, county, or municipal governmental entity when there is in effect, as a result of an official action by such entity and through a duly constituted legislative, administrative, or executive body: 1. a statute; 2. an ordinance; 3. a policy directive; or 4. a constitutional provision which restricts or prohibits an additional contractual payment for early termination of a contract by any such entity, or agency thereof, due to an unavailability of funding. When service is being provided and funding to the governmental entity for such service becomes unavailable, the governmental entity may cancel the service without additional payment obligation. Absent any official statute, ordinance, policy directive, or constitutional provision, the customer shall be responsible for the termination charges. Nonrecurring charges associated with the establishment of the contracted service that has been deferred over the life of the payment plan, shall be due immediately and in full at the time of disconnect of the service in accordance with applicable Governing Documents for the affected service. This CPA, including the Governing Documents and any related Service order forms and Service promotions, will be governed by the laws of the State of Georgia, without regard to its conflict of law provisions. BellSouth Long Distance or BSE, as applicable, may assign this CPA at any time to a parent, subsidiary, subsidiary of its parent or any of its or its parent's affiliates. All Services provided hereunder' are offered subject to the availability of the service components required. Should the BellSouth@ Long Distance Calling Card be included with this CPA, the following apply: .' The BellSouth@ Long Distance Calling Card is not transferable. . Customer may authorize others to use the BellSouth@ Long Distance Calling Card, but Customer remains responsible for all charges incurred by its use. . If Customer's BellSouth@ Long Distance Calling Card is lost or stolen, Customer is responsible for charges incurred by the use of the card until the time Customer notifies BellSouth Long Distance. REMAINDER OF PAGE LEFT INT,ENTIONALL Y BLANK @ SELLSOUTH v 4,5 10/03 Page 2 of 3 PRIVATE/PROPRIETARY No disclosure outside BellSouth and customer except by written agreement. ',' ,. ~ Siebel No. 1-1BQEF.9 Customer hereby (a) enrolls in the following additional Promotions, Plans, Waivers, and/or Dedicated Access Service (b) acknowledges receiving the term sheet ("Term Sheet") for each such Promotion, Plan, and/or Waivers which are attached hereto and are hereby incorporated into this CPA by reference, and (c) agrees to be bound by the terms and conditions contained therein. . Total Voice Promotion Set forth on Attachment A to this CPA is a list of select BellSouth rates that apply to the Services ordered hereunder as of the date of this CPA. Customer acknowledges and agrees that (a) Attachment A contains only a partial list of applicable Service rates; (b) the Governing Documents contain a complete list of the rates and charges that apply to the Services ordered hereunder; and (c) the rates and charges set forth in Attachment A are fixed and static for the duration of the Term and any applicable Renewal Term of this CPA; and (d) the Governing Documents may be amended by BellSouth from time to time in accordance with the terms and conditions set forth in the applicable Governing Document(s). By executing this CPA, Customer grants a Letter of Agency to BellSouth Long Distance to act on Customer's behalf to order access services n~cessary to connect the Services to Customer. This agency authorization includes, without limitation, the removal, addition to or rearrangement of such access services. REMAINDER OF PAGE LEFT INTENTIONALLY BLANK @ SIELI.SOUTH v 4,5 10/03 Page 3 of 3 PRIVATE/PROPRIETARY No disclosure outside BellSouth and customer except by written agreement. ,,. %~ '. \ Siebel No. 1-1BQE~9 In order to become effective this CPA must be executed by a duly authorized representative of Customer and delivered to and accepted by an authorized representative of BellSouth Long Distance and/or BSE. This CPA shall be effective on the date accepted by BellSouth and the Term shall commence on the first day of the next calendar month following the earlier to occur of: (1) 90 days after this CPA is signed by the Customer; or (2) the date on which a Service Component ordered hereunder is installed at a Customer location or activated in the case of calling card. For purposes of this CPA, a "Service Component" shall mean a Service port, PVC, private line, dedicated access circuit, packet service line, PIC Change, or activation of calling card. Any modification(s), interlineation(s), addition(s) supplement(s) and/or other change(s) to this CPA by Customer shall render this CPA null and void. ~ AUQusta Signature: Printed Name: Title: Date: @ 8ELI.SOUTH AUQusta Signature: Printed Name: Title: Date: 41J~~ Clerk of Commission BellSouth LonQ Distance. Inc. Signature: ~~ Printed Name: Ron Friday Title: Sr. Director, BpLD Offer Mgmt Date: 7//6/0' I v 4,5 10/03 Page 4 of 3 PRIVATE/PROPRIETARY No disclosure outside BellSouth and customer except by written agreement. .. .' , ATTACHMENT A (Partial List of Applicable Service Rates and Charges) Customer Name: Augusta Minimum Monthly Commitment: $ 2,000 Term Length: 3 Years Voice Service: Applicable Discounts (TermNolume & Promotions) Interstate Switched TN Discount: 41 % Intrastate TN Discount: 10% Dial DirecWPN/Calling Card International TN Discount: 7% Interstate Promotion Discount: 10% Intrastate Promotion Discount: 10% International Promotion Discount: 10% Effective Rates per Minute (after all TermNolume and Promotion Discounts have been applied). These rates will remain fixed and static for the duration of the Term of the CPA and any applicable Renewal Term. Interstate 'ii'::lHtrastate'!',itJiiJU,i',',l '; ,i H Georgia :.i";'!,>;',,L:'lnternatioh'alV'!'ib ,ii!::i I'! Germany (49) ,'Hii:'i'iii,::Pial,iDirect!',f':!!i!U;,l :F ',"Oed;.sw:',:,,:',:,'iSw-'Sw:;i,: ,:;'Oeclicale'di, '''': Switched:"':,: $0.0447 $0.0447 $0.0526 $0,0526 $0.1072 @ BELI.SOUTH Customer Name: Augusta Quote #: 030402510 PRIV A TEJPROPRIET ARY No disclosure outside BellSouth and customer except by written agreement. 4 . .., ~ ... . . ;,;-" . Promo Code INTRA10Wo Promo Code PLDS 10 BellSouth@ Total Voice Promotion Term Sheet BellSouth@ Business Class Family of Services The customer identified herein (the "Customer") hereby enrolls in the BellSouth@ Total Voice Promotion (the "Promotion"). Customer represents and warrants that (a) Customer has signed within thirty (30) days prior to the signing of this Promotion, or will sign concurrently with this Promotion, a new or renewal, BellSouth@ Key Customer Program Agreement, BellSouth@ Business Premium Rewards, BellSouth@ Custom Advantage, BellSouth@ Simple Solutions (Key Customer Program Agreement in Florida) or a new Small Business Segment ("SBS") Product Level Contract or SBS Product Level CSA Agreement, BellSouth@ Dedicated Internet Access and/or BellSouth@ DSL Agreement; and (b) Customer has signed a new or renewal, 1 year or longer, $100 to $14,999 MMC, BellSouth@ Business Class Family of Services CPA (the "Services Agreement"), This Promotion cannot be combined with certain other promotions and cannot be combined with any other Customized Pricing Arrangement ("CPA"), unless otherwise stated in the CPA. ' Eligible customers will receive the following pricing for Services purchased under this Promotion: . An additional 10% discount will be applied to intrastate, interstate and international inbound and outbound voice usage, including calling card usage and surcharges o Additional Discount will be applied after application of the standard volume and/or term discounts o The intrastate voice usage discount component of this Promotion is only available in the following states: Alabama, Florida, Georgia, Kentucky, Louisiana, Mississippi, North Carolina, South Carolina and Tennessee This Promotion is subject to and controlled by the provisions of the Governing Document(s) applicable to the Promotion-eligible Services purchased under the Seritices Agreement. Any modification(s), interlineation(s), addition(s) supplement(s) and/or other change(s) to this Term Sheet by Customer shall render this Term Sheet null and void. " This Promotion is coterminous with and incorporated by reference into the Services Agreement. All capitalized terms not defined herein shall have the meaning ascribed to them in the Services Agreement., To be eligible for this Promotion, Customer must execute the Services Agreement, acknowledging enrollment in this Promotion, no later than June 30, 2004, This Promotion shall apply to eligible Services ordered under the Services Agreement, provided that at least one such eligible service is installed and activated by August 31, 2004. @ SELlSOUTH Customer Name: Augusta Quote #: 030402510 v 1,2 05/03 PRIV A TE/PROPRIET ARY No disclosure outside BellSouth and customer except by written agreement.