Covista
Service Terms and Conditions

Service Terms and Conditions,


The FCC, effective August 1,2001, has changed the Telecommunications Interstate Tariff filing requirements. The FCC has mandated that Interstate Tariffs will no longer be filed and maintained with the FCC, The Telecommunication Companies will be responsible going forward to post the Service Terms and Conditions via the customers web site. This change is required by the FCC, and is consistent with Covista, Inc./Covista Communications, Inc. commitment to give all customers complete and accurate information about all their services.


Your long distance service will NOT be affected by this change, and your billing statements will still reflect the same low rates you paid prior to the change taking place.


No action is required on your part. The FCC is requiring U.S. long distance companies to cease filing and maintaining tariffs for state to state telecommunication services and now have them accessible via the company web site.


You will continue to receive service as you have been. Continued use of service constitutes acceptance of the terms and conditions of the service agreement.


It is our intent to implement this transition in a way that minimizes confusion, and continues our valued relationship with you. This transition does not affect our obligations to you. Again, no action is necessary on your part. If you have any questions, please contact our Customer Care Department at 800-805-1000. We look forward to continuing to serve your telecommunication needs.


This tariff contains the Service offerings, terms and conditions applicable to the furnishing of statetostate resale telecommunication services within the United States.


INTERNATIONAL RATES PAGE



DEFINITION OF TERMS:


Authorized User

A person, firm, corporation, or other entity authorized by the customer to receive or send communications.


AUP

Acceptable Use Policy



Call

A completed connection between the Calling and Called Stations.



Called Station

The telephone number called.


Calling Station

The telephone number from which a Call originates.



Carrier

Covista, Inc./Covista Communications, Inc., unless specifically stated otherwise.



Cancellation of Order

A Customer initiated request to discontinue processing a Service Order, either in part or in its entirety.



Company

Covista, Inc./Covista Communications, Inc., also referred to as ACarrier.@



Completed Calls

Completed calls are calls answered on the distance end.



Customer

The person, firm, corporation or other entity which orders or uses service and is responsible by law for payment for communication service from the telephone utility.



Customer Provided Equipment

Terminal equipment provided by a customer.



Disconnection

The disabling of circuitry preventing outgoing and incoming toll communication service provided by Carrier.



Due Date

The last day for payment without unpaid amounts being subject to a late payment charge.



FCC

Federal Communications Commission



Monthly Recurring Charge

A monthly service processes charge.



Non Recurring Charge

A one time charge.



PICC (Presubscribed Interexchange Carrier Charge)

A charge levied by order of the FCC or state regulatory body to recover the costs of providing local access to the interstate long distance networks used to provide services under this tariff.




Premises

The space occupied by an individual customer in a building, in adjoining buildings occupied entirely by that customer, or on contiguous property occupied by the customer separated only by a public thoroughfare, a railroad right of way or a natural barrier.



Terminal Equipment

All telephone instruments, including pay telephone equipment, the common equipment of large and small key and PBX systems and other devices and apparatus, and associated wiring, which are intended to be connected electrically, acoustically or inductively to the telecommunication system of the telephone utility.



USFUniversal Service Fund

A federally mandated surcharge to provide telecommunication and Internet access to high cost rural and intercity areas.



Abbreviations:


LATA Local Access Transport Area


LDA Local Distribution Area


LEC Local Exchange Carrier


MTS Message Toll Service


PBX Private Branch Exchange


SAL Special Access Line


V& H Vertical and Horizontal


Rules and Regulations:


Carrier Undertaking


Carrier provides long distance inter exchange telephone service to customers for their direct transmission of voice, data, and other types of telecommunications.


Communications originate when the customer accesses Carrier directly or through the facilities of the local service carrier via one or more access lines, equal or on a dial B up basis. Carrier may act as the customer's agent for ordering access connection facilities provided by other carriers or entities when authorized by the customer, to allow connection of a customer's location to the Carrier network. The customer shall be responsible for all charges due for such service arrangements.


The company's services are provided on a monthly basis (30 days) and are available twentyfour (24) hours per day, seven (7) days per week.



Limitations on Services


Service is offered subject to the availability of the necessary facilities and/or equipment and subject to the provisions of this tariff.


Carrier reserves the right to discontinue furnishing service upon written notice, when necessitated by conditions beyond its control or when the customer is using the service in violation of the provisions of this tariff or in violation of the law.


Title to any equipment provided by Carrier under these regulations remains with the Carrier. Prior written permission from the company is required before any assignment or transfer. All regulations and conditions contained in this tariff shall apply to any assignee or transferee.



Use of Service


Service may not be used for any unlawful purposes.


Acceptable Use Policy

The For service packages which include unlimited local, intraLATA, and/or interLATA usage, the services are available for residential voice calling only. If it is determined that usage is not consistent with residential voice applications, such as for Internet access services, commercial facsimile or auto-dialing, telemarketing or other non-residential uses; Company may immediately suspend, restrict or cancel the customer's service without prior notice and assess and additional $50.00 monthly recurring charge for each month in which such usage occurred. Incidental Internet and other data usage is permitted, provided however, that any usage in excess of 3,000 minutes per month shall be presumed to be not consistent with residential voice applications and shall be subject to the conditions above.


Limitation of Liability


Carrier shall not be liable to any person, firm, or entity for damages, either direct, indirect, consequential, special, incidental, actual, punitive, or for any other damages or lost profits arising out of mistakes, accidents, errors, omissions, interruptions, delays or defects in transmission and not caused by the negligence of the carrier, commencing upon activation of service and in no event exceeding an amount equivalent to the proportionate charge to the customer for the period of services during which , mistakes, accidents, errors, omissions, interruptions, delays or defects in transmission occurred.


Carrier makes no warranty, whether express, implied or statutory, as to the description, quality, merchantability, completeness or fitness for any purpose of the service or local access, or as to any other matter, all of which warranties by Carrier are hereby excluded and disclaimed.


Carrier, at its own expense, will indemnify the customer and hold it harmless in respect to any and all loss, damage, liability or expense asserted against the customer by a third party on account of any property damage or personal injury caused by any negligence or willful misconduct of Carrier or its agents or representatives arising out of performance by Carrier of any testing or other activities on the customer's premises pursuant to this tariff. Carrier's obligations under the immediately preceding sentence shall be subject to the customer's full performance of this tariff and subject further to the customer's duty to take reasonable precautions in the location, construction, maintenance and operation of all activities, facilities and equipment for the protection against hazard or injury and not to interfere with the services provided by Carrier.


Carrier shall be indemnified and held harmless by the customer against:


A. Claims for libel, slander, infringement of copyright or patent infringement, unauthorized use of any trademark, trade name or service mark arising out of the material, data information, or other content transmitted over the carrier's facilities; and


B. All other claims arising out of any act or omission by the customer in connection with any service provided by Carrier.


The language set forth in this Section does not constitute a determination by the commission that a limitation of liability imposed by the Company should be upheld in a court of law. Acceptance for fining by the Commission recognizes that it is a court's responsibility to adjudicate negligence and consequently damage claims. It is also the court's responsibility to determine the value of the exculpatory clause.


Arbitration



The parties agree that any controversy or claim arising out of Company's providing of telecommunication services to Customer shall be resolved through alternative dispute resolution means in the following manner.


A. Initially, the parties will engage in nonbinding mediation. Mediation shall be held in Chattanooga, TN. The mediator shall be jointly appointed by the parties and shall have expertise in both Telecommunications and commercial dispute resolution.


B. In the event that the dispute of claim is not satisfactorily resolved through mediation within fortyfive (45) days of notice of such claim or dispute by a party, the parties agree to submit such dispute or claim to binding arbitration. Arbitration shall be held in Chattanooga, TN. Any judgment, decision or award by the arbitrator shall be final and binding on the parties and may be enforced in any court having jurisdiction over a party against whom any such judgment, decision or award is to be enforced. The parties specifically and knowingly waive any rights under State or Federal constitutions or statutes which grant a party the right to trial by jury for any claim that might arise out of Company's providing of telecommunications services to Customer or which purports to give a party the right to appeal an arbitrator's judgment decision or award. The rules and procedures of the American Arbitration Association shall apply.


C. The parties shall bear their own costs and expenses, including, but not limited to, attorney's fees, for any mediation or arbitration, unless otherwise directed by the mediator or arbitrator.


D. Interruption of Service


A credit allowance for interruptions of service which are not due to Carrier's testing or adjusting, to the negligence of the customer, or to the failure of the channels, equipment, and/or communications systems provided by the customer, are subject to the general liability provisions set forth in this tariff. It shall be the obligation of the customer to notify Carrier of any interruption in service. Before giving such notice, the customer shall ascertain that the trouble is not being caused by any action or omission by or within the customer's control and is not in wiring or equipment connected to the Carrier terminal.



Restoration of Service


The use and restoration of service in emergencies shall be in accordance with the Part 64, Subpart D of the Federal Communications Commission's Rules and Regulations which specifies the priority system for such activities.



Customer Responsibility



All customers assume general responsibilities in connection with the provisions and use of Carrier's service. All customers are responsible for the following:


The customer is responsible for placing orders for service, paying all charges for service rendered by Carrier and complying with all of Carriers regulations governing the service. The customer is also responsible for assuring that its users comply with regulations.


When placing an order for service, the customer must provide:


*The name (s) and address (s) of the person (s) responsible for the payment of service charges.


*The name(s), telephone number(s), and address(s) of the customer contact person(s).


The customer must pay Carrier for the replacement or repair of Carrier's equipment when the damage results from:


1. The negligence or willful act of the customer or user.


2. Improper use of service


3. Any use of equipment or service provided by others.


After receipt of payment for the damages, Carrier will cooperate with the customer in prosecuting a claim against any third party causing damage.



Maintenance, Testing, and Adjustment


Upon reasonable notice, the equipment provided by Carrier shall be made available to Carrier for such tests and adjustments as may be necessary to maintain them in satisfactory condition. No interruption allowance will be granted for the time during which such tests and adjustments are made.



Deposits


The Company may require a cash deposit from a prospective customer, a presently disconnected customer or a former customer to be held as a guarantee for the payment of charges.


Deposits shall be returned to the customer when service is terminated or when satisfactory credit has been established. Satisfactory credit may be established through prompt payment of all Carrier bills for a period of one year.


Upon termination of service, deposits with accrued interest shall be credited to the final bill and the balance returned to the customer.

Credit Allowance


Credit for failure of service or equipment will be allowed only when failure is caused by or occurs in equipment owned, provided and billed for, by Carrier.


Credit allowances for failure of service or equipment starts when the customer notifies Carrier of the failure or when Carrier becomes aware of the failure and ceases when the operation has been restored and an attempt has been made to notify the customer.


The customer shall notify Carrier of failures of service or equipment and make reasonable attempts to ascertain that the failure is not caused by customer provided facilities, any act or omission of the customer, or in wiring or equipment connected to the terminal.


Only those portions of the service or equipment operation disabled will be credited. No credit allowances will be made for:


1. Interruptions of service resulting from Carrier performing routine maintenance.


2. Interruptions of service for implementation of a customer order for a change in the service.


3. Interruption caused by the negligence of the customer or his authorized user;


4. Interruptions of service because of the failure of service or equipment due to customer or authorized user provided facilities.



Cancellation by Customer


If a customer orders services requiring special equipment and/or facilities dedicated to the customer's use and ten cancels his order before the service begins, a charge will be made to the customer for the non recoverable portions of expenditures or liabilities incurred expressly on behalf of the customer by Carrier.



Payment and Charges for Services


1. Service is provided and billed on a monthly basis.


2. Payment is due upon Receipt. Payment will be considered timely if paid within 10 days after the bill is rendered. The bill shall be considered rendered when deposited in the U.S. mail with postage prepaid.


3. In the event of a dispute concerning a bill, Customer must pay a sum equal to the amount of the undisputed portion of the bill.

4. The customer is responsible for payment of all charges for services furnished.


5. Customer is responsible for payment of any state and local taxes (i.e. gross receipts, tax, sales tax, municipal utilities tax) which will be listed as separate line items and which are not included in the quoted rates.


6. Customers will be charged a late payment penalty.


7. Customers will be charges on all checks returned to Carrier by the issuing entity.


8. The Customer will be billed directly by the LEC for certain Dedicated Access arrangements selected by the Customer for the provisioning of direct access arrangements. In those instances where the customer requests the Company to act as agent in the ordering of such arrangements, the Company will bill the Customer directly for Local Access Charges.


9. The charges for services will be the same whether payment is made by check or credit card billed.




Application of Charges


The charge for service is those in effect for the period that service is furnished. If the charges for a period covered by a bill change after the bill has been rendered, the bill will be adjusted to reflect the new charges.


Customer Complaint Procedure


The Carrier will resolve any complaints brought to its attention as promptly and effectively as possible. Customer Service Representatives can be reached through the following telephone number 800-805-1000.


In the event of an unresolved complaint regarding intrastate telecommunications service issues, please contact the Carrier for the address and telephone number of the appropriate regulatory agent in your state.


In the event of an unresolved complaint regarding interstate telecommunication service issues, please contact the Federal Communications Commission at 1 CALLFCC (1-888-225-5322)



Carrier Responsibility


Calculation of Credit Allowance


When service is interrupted the credit allowance will be computed on the following basis:


� No credit shall be allowed for an interruption of less than two hours.


� The customer shall be credited fro an interruption of two hours or major fraction thereof that the interruption continues.



� When a minimum usage charge is applicable and the customer fails to meet a usage minimum credit, the outage shall be applied against that minimum equal to 1/260th of the monthly minimum charges associated with the portion of service disabled for each period of two hours or major fraction thereof that the interruption continues.


� Customers have up to 60 days (commencing 5 days after remittance of the bill) to initiate a dispute over charges or to receive credits. Carrier will try its best to resolve any disputes properly brought to its attention. Unresolved disputes may be directed to the attention of the Commission.



Cancellation of Credit


Where the Carrier cancels a service or the provision of equipment and the final service is less than the monthly billing period, a credit will be issued for any amounts billed in advance, prorated at 1/30th of the monthly recurring charge for each day the service was rendered or the equipment was provided. This credit will be issued to the customer or applied against the balance remaining on the customer's account.




Disconnection of Service by Carrier


Carrier, upon 5 days written notice to the customer, may discontinue service or cancel an application for service without incurring any liability for any of the following reasons:


� Nonpayment of any regulated sum due to Carrier service for more than 20 days beyond the date of rendition of the bill for such service;


� A violation of any regulation governing the service.


� A violation of any law, rule, or regulation of any government authority having jurisdiction over the service; or


� Carrier is prohibited from furnishing services by order of a court or other government authority having jurisdiction.



Description of Service:


Timing of Calls


The customers monthly usage charges for Carrier service are based upon the total number of minutes the customer uses and service options subscribed to. Chargeable time begins when the connection is established between the calling station and the called station of PBX. Chargeable time ends when either party hangs up.


There are no charges incurred if a call is not completed.


For billing purposes, the start of the service is the day service is first provided to the customer by the Carrier. The end of service date



Minimum Call Completion Rate


The customer can expect a call completion rate of 99% of calls attempted during peak use periods for all Feature Group (1+) services.




Special Promotions


Carrier may from time to time offer special promotions to customers upon prior Commission approval of such promotions.



Service Offerings:


The Company will provide the following services:



Message Toll Service (MTS)


Outgoing long distance service whereby the customer accesses the Company's underlying carrier's network on an equal access or dialup basis.


In nonequal access areas, the customer will gain access to the Carrier's network by dialing a 101XXXX access code which will be provided by the Company.


Inbound 800/888 Service


Inbound service is virtual banded inbound toll service which permits calls to be completed a t the subscriber's location without charge to the calling party. Access to the service is gained by dialing a tendigit telephone number, which terminates at the customer's location. Inbound services originate via normal shared use facilities and are terminated via the customer's local exchange service access line.



Travel Card Services


Allows subscribers to place calls by gaining access to the network via a toll free telephone number and PIN number issued by the Company.



Directory Assistance


Directory Assistance is the provision of listed telephone numbers to requesting customers. The company will provide directory assistance service at a per call charge in accordance with the rules set forth by the Commission.



Billing Charges and Billing Increments:


Billing Increment


Unless otherwise specified, the initial call rating increment will be six (6) seconds with minimum call duration for billing purposes of sixty (60) seconds. In addition, after the initial (6) seconds calling increments, usage will be measured in sixty (60) second increments.



Call Rounding


All calls are rounded to the next highest billing increment. Total charge for a fraction of a cent will be rounded to the next highest whole cent.


Recurring Charges:


Customers may incur the following Recurring Charge types:

Per 800 Number


Accounting Codes (non verified)


Authorization Codes/BTN (verified)


Authorization Code change/add/delete


Monthly Billing Charge


A monthly recurring charge assessed to Customers to offset billing costs such as postage, printing and mailing of Customer invoices.


A monthly FCC Primary Interexchange Carrier Charge (PICC) shall be charged to each telephone number that is prescribed to Carrier.


A monthly recurring regulatory cost recovery charge to offset the cost of complying with FCC mandated rules and regulations governing the providers of telecommunications services



Late Payment Penalty


Customers will be charged 1.5% of any amounts owed to the Company beyond the due date.



Dishonored Check Charge


Any person submitting a check to the Carrier, as payment for services, which is subsequently returned by the issuing institution, shall be charged fee at the highest amount applicable under state law.


Pay Telephone Surcharge


A surcharge shall be accessed for each call made from a pay telephone to an 800 number of using a travel card and dialing the carrier prefix in the form of 101XXXX. Although collected on the customer's bill, this charge is reimbursed to the pay telephone service provider.



USF


The Company will impose a fee on all calls to cover Federal Universal Service fund charges, similar charges imposed by some states and the Company's administrative fees. This fee will be shown on your bill as Universal Service Fund, USF or similar language, depending on your local exchange company's choice of terminology for these charges.