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HomeMy WebLinkAboutNYNEX Long distance Co ELIZABETH A~ NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGF~MENT OFFICER FREEDO~I OF INFOR~VLtkTION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO 2000: THAT THE FOLLOWING RESOLUTION WAS MEETING OF THE SOUTHOLD TOWN BOARD ~ES0~V~D that~the Town Board of the Town of Southold hereby aufi3odzes Supervisor Jean ., C0ch~ to, eXecute, an Application for Service between the Town of Southold and NYNEX [:ong DiStance Ce~a.ny d/b/a Bell Atlantic Business Services for long distance telephone service~ $100 per mon~ minimum spending level for a 3 year Service Pedod, subject to the appr~vhl~Of th~ Town Attorney Southold Town Clerk June 6. 2000 APPLICATION FOR SERVICE This Algplication for Service ("Application") is effective as of the date set forth below by and between the undersigned customer ("Customer"} and NYNEX Long Dtsfan~e Company d/b/a Bell Atlantic Business Services ("BABS"). Scope 'this Application s~.forth the. terms ypder,.w, hic~. BAB.S. ?tI pr ,o, .vkte telecommur~igations services and other services to Customer. These servica~ which are legn her d ~.~'b e4~ m F~;hiblt? to thc .Appil ~f~lO~l aBd m~S $ t arlTT~K, ~ rePotTed to b clew as ~e "SergtlC~AL~ T~e mt.~s for ~e Sei'V~ces B!'O bas e~oB Customer's umque r/atwork design requn-emer~ and agreement to all of the following t~rms and conditions and to the terms and conditions set fort~ in BABS's tariff's. 2. Regulatory Matters BABS shall not be obligated to provide Servises until it receives all necessary regulatory and othergovarnmental approvals. In the event a legislature, regulatory agency, court or other entity (by promulgation of a aw, ragu ation, m e, order or otherwise) materially and adversely changes the rights, obI~afiot~s, or risks of . BABS : hereunder, .. then, BABS . in iB discre6on . may ~erminate : this Application}n whole or in parr by prey/ding writt?,-notico there, of to C ~, omen, an~ ,re ,taming obh ~,gati. on, s, ofth,e p~ sl~ ~al~, eontmu.e, unaffected., The ~es for ~.e. Serv 9ss mu~ at ali times me~:~ae mini*mm mte~ pertained ~nd.~ any appim~b~ !e ~aw, regulau_on or.o~er,, and BABS may adj.ust any such, rates by prowdmg written notice to C~tomer in the.everrt the~ ar~ deemed to be betow such mm~mr~ m rates. Whan tanffmtes are ~re£erenced~ they shalI mesa then-curre~nt month-to-month taffffmtas with!ont any discounts, promotiorr-d offerings, or other redi~cuous. In the~eveat o~'acunfhct between the terms ora binding tariffand the t~rns herein, the tariffterms shall control; _' 3. Sanvien Peri0d . Customer applies fot~and will accept from BABS th~ Services for the service per/od set forth in the Exlu'bits hereto ("Service Period~.. gpon ',.he date that BABS firat provides'the Servloes to Customer. Ifthmugh no fault of BABS the ServioePerlod dOeS notcommencewithin onehundr~Jrwenty (120~ days from the date 6n whiehi'"ahis Application is.signed,~BABS my, by providing whiten notice to Customer, increase the rares herein to compense~it for changed financial, as~mptions, provided such increases.hall not exeend the highest tariff rate then in errant. This Application shall be deemed,amended to reflect any such cliange. If; at the time of expiration oftheSanvioe Period. Custumer ins not executed ~ new Application with BABS for the .~ere/cas and does not request discontinuance of the Services in writing, then the Services will be continued on a motor-re-month bgsis at the tsriffmtes then prevailing ar if no,tariffis apptlceble~ at BABS/s then-current, retS3 rote. 4, Charges Customer will pay the ,nates and sat s~ the revenue and usage requirements set forth in the Exhibits and Attachments hereto (which are incomorated herein), ami will pay all applicable taxes. 5. Assignment AB~ may assign or transfer part or all oftms Apphcanon to any of tis affiliates or to subcontractors or,ts choosing, Promded that Casromer provides BABS with reasonable prior written notice and BABS consents thereto. Customer may assign or transfer this Application to any company that is fha successor to substantially all of its assets and shall pay BABS any transfer fees required to be paid under applicable tariffs. 6. Confidentiali~ and Publicity Except as may be required by law, Customer will not disclose this Application or its conmnts re any third party without the :onsent of B/kBS. Customer will g4ve timely notice to BABS of demands made under taw to produce the Application or ~o disclose its contents so fha BABS may seek appropriate protective arrangements. Neither party shall publish oruse any advertising, sales, promonons, press releases or other publicity material that d~seribe thts Application or the terms and conditions hereof without the prior wriltefi approval of the other party. 7. Choice of Law This Application will be construed and enforced in accordance with the laws of thejtu~iediction kn which the affected Services are provided..f :x'a-v*e~s m more than one state will be affected, this Application shall be construed in aeenrdanoe with New York taw, without reference to its eonfliot of law principles. 8. Notices ~ ~ Notices under this Application shall b. sent by first-class mai. postage prepaid, to BABS at Bell Atlantic Contract Administrator, T Floor, 2980 Falrview Park Driv~ Falls Ctmreh. Virginia and re Customer at the address specified below. Notices shall be deemed effeative when sent. 9. Contingency BABS will not be liable for delays, damages, or failures in performance due to causes beyond its control, including, but not limited to, acts of a governmental body, government regulation, acts of God. acts or omissions of third parties, fires, floods, strikes or other labor-related dispu[es, or inability to obtain necessery equipment or services, 10. Additional Terms and Conditions'for Services Not Provided Under tariff The following terms and conditions apply to Customer's parehase of any Services nor provided purananr to applicable tariffs: (a) Payment. BABS willinvoica,Custumermonthty. Paymentswillbeduenatthinydaysunlessadifferantdateappearsontheinvoiee. Paymen~ received al'ret the due date may be subject to a late payment charge. Listed charges do not include applicable taxes, sury_ hergas, and other mounts due under law, which Customer agrees to pay to in addition to the listed charges. (b) Limited Warranw. BABS WARRANTS THE SERVICES WILL FUNCTION SUBSTANTIALLY IN ACCORDANCE WITH OFFICIAL SERV1CE DESCRIPTIONS. IF THE SERVtCES DO NOT FUNCTION SUBSTANTIALLY IN ACCORDANCE WITH SUCH SERVICE DES~'~P-,IPWIONS ~T,H,~OUG H2 NO FAULT OF CUSTOMER OR ITS:AGENTS, A CONDITION EXCUSED UNDER THE SECTION TITLED "GO':~TING~NCY~ (ABOVE), OR DUE TO SCHEDULED MAINTENANCE; BA~S AT ITS EXPENSE WILL REPAtI~ THE SERVICES, AND, IF THE DEFI~CIENLy I~srS FOR MORETHAN TWENTY-FOUR HOURS, BABS WILL CREDIT CUSTOMER THE PRO-RATED RECURRING CHARGES ~OR TREAFFECTED SERVICES FOR THE PER~IOD FR.OM CUSTOMER'S NOTICI~ OF THE DEFiCiENCY UNTIL iT tS REPAIRED ~-b~-~ [zlMITED WARRANTY iS EXCLUSIVE OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF M~CHANTAB1LITY OR OF FITNESS FOR A PARTICULAR PURPOSE. to) Limitation of LiabiIiw. BABS WILL NOT BE LIABLE FOR CONSEQUENTIAL. INCIDENTAL. INDIRECT, OR SPECIAL DAMAGES, NCLUD'i~G, BUT NOT LIMITED TO, [rOSS OF BUSINESS, PROFITS, INFORMATiON, OR OTHER COMMERCIAL OR ECONOMIC LOSS, ~HETHER SUCH DAMAGES AREBASED UPON BREACH OF CONTRACT, TO~T~ INCLUDING N, EGLIGE~NcE, OR OTHERWISE; EVEN IF BABS HAS'~BE~N NOTIFIED OF THE POSSIBILITY OF SUCH' DAMAGF..S. BABS S LIABILITY'TO CUSTOMER FOR. ANY oTHER DAMAGES DUE TOFAILURES IN THE SERV}CES ARISING FROM ITS NEGLIGENCE OR BREACH OF THIS APPLICATION SHALL BE LIMITED,TO AN Title. BABS Or its suppliers, will own all rights, title, and interest in equipment, software, m~d facilities used by BABS to provide Services. Tariffs. I f a governmental body properly requires the Services tO be provided under tariff, BABS may terminate the Services or cause the Of) Maintenance..__ From time-to-time. · during .... the term of this Applic~/tion, th~ equipment and faci it es used by. BABS to provide Services may be s~e~uled fqr mmntemmce, whmh will temporanly reneer the Services urmvmlable for use. BABS shall have no liability as a result of the unavailability of ~erv~cee duo to performance of scheduled maintenance. ~g) Chan~e~. BABS may by givin8 Customer prior written notice make changes to the Services or rates. Customer's continued use of the gervicee ~t~rer Customer receives this notice will constitute Customer's Application to the change. 1L Entire Agreement This AppI}e,~ion supersedes all prior Applications between BABS and Customer for the Services provided hereunder. This Application (including the Exhibits and Attachments hereto and any tariffs or guides incorporated by reference) constitutes the entire Application between Customer and BABS shall [?ersede~all prior or~.. or.wri.tten quotations, communimtious, understandings or Applications on the subject maker hereof. Each party represents that its ~xe~rafion o£this Applimuon ts based solely on its independent assessment of the rights and obligations expressly set forth herein and not of any other oral uTitten, q.uotafi0ns, communications, undemtandinga or Applications. This Application may not be modified or ~scinded except by a writing signed by authorized representatives of each party. or IN WITNESS WHEREOF, duly authorized representatives of each pmW have caused this Application to be executed as of the day and year first above NYNEX LONG DISTANCE COMPANY d/b/a BELL ATLANTIC BUSINESS SERVICES By:. Title: BELL ATLANTIC BUSINESS SERVICES AGREEMENT CUSTOMER: ACCOUNT ID (BTN): PIC'd WTN(s)*: 6. 7. 1L I2. 16. t7. *20+ on AlY. aehm:nt B SERVICES: Domestic Calling Plan: SimpleOptions t~elect Minimum Spending Leve0 [2]$ 5oo ['-15 ~o,ooo [---~$ 1000 [] $ 15,000 F-Is 2000 F-is 20.000 F'-]$3000 [2]$ 25,000 []2]$5000 [223 $ 30.000 [-~s 7500 Ils 35.000 International Calling Plan: (check, fapplicabIe) F_.~X~U~IT A 8. [--1 $ 40.000 ~] $ 45.000 [---] $ 50,000 ~--1 $ 55,000 [--] $ 60,000 9. t0. 15. 20. Service Period: (Select Term Option) [] Month-to-Month [---] 1 Year Year ['~ International Savings Plan ADDITIONAL SERVICES: (check if applicable) Calling Card(s) Toll Free Service Business Link Solutions Discount (Local Centrex Bundle) Account Codes TERMINATION CHARGES Shortfall Charges Applied when Customer's monthly usage does not meet the agreed upon Minimum Spending Level The charge wilt be equal to the difference between the spending commitment and the actual amount spent. It will be applied each month that the minimum spending is not met. ' E~ination Charaes* When a customer terminates service prior to the expiration of the selected term =ommitment, a charge will l~e applied that is equal to thirty- five percent of the customer's monthly commitment, multiplied by he number of months remaining in the contract. *Applicable only to customers who agree to a Term Commitment longer than a month-to-month commitment_ 3 TELN~O'S~XL~S BELL ATLANTIC BUSINESS SERVICES AGREEMENT EXHIBIT B PIC'd WTNs 20+ 298-4460 2298-4462 298-4470 ~32~ 298~475 298-4599 298-4684 298-4699 298-4760 477-9476 2o 734-2315 [~ 734-5211 31 734-6022 734-7685 44 734-7744 4s 734-7976 3~ ~6 765'0038 3~ 47 765-0100 37 18 765-0131 3~ ~9 765~1356 3~ 2o 765-1366 ~o 765-1560 765-1750 765-1823 765-1872 765-1885 765-1891 765-1892 765-1932 ,~ 765-1938 ~ 765-1981 ~ 765-2600 s~ 765-2601 ~ 765-2715 765-2730 765;2749 765-2758 765-2784 765-2798 765-2870 765-2974 765-3036 765-3115 765-3136 765-3140 765-4742 765-4756 ~ 765-5102 765-5182 765~127 '765-'6145 67 765-5201 765-6581 765-6986 765-2615 765-2617 765-2634 765-2638 765-2648 765~2671 765-2690 765-2708 ~ 765-9064 71 765-3667 765-3898 765-3912 765-4142 765-4333 765-4334 765-4335 765-4336 , ! ; E-.--;iL UN L~ U 1 STAN CE" :R ATE ~ FirmRatesM Rate Structure SHEET The per-minute rates for FirmRate~" are calculated based on the customer's length of term, This plan offers a fiat rate o~ al[ca~ that meeI co tnl~tory and eligibil~ requirements. Remember, RtmRate~ requires no morC~h~ spending ccmmi~e~ i $ Commi~u~ent :Month to 'Moa ~. Year [ 0 .0850 .0808 simpleOPtionSs~, Rate Structures 3 years :0765 : .0723 The per-minute rates are figured based ow the customer's teng~ of term and spending commitment. These plans offer a fiat ,~ate on alt: C~lls t~hat meet contributory snd e~igibil~ty requirements. There am eig~een mini- mum spending commitment levels within SimpleOptionss". $ Commitment Month tO, Month 1 Year 2 Years 3 Years 100 .0825 .0784 .0743 .0701 500 .0800 .0760 .0720 .0680 1,000 .,,,vnet: .0736 .0698 .0659 2,000 .0750 .0713 ,0675 .0638 3,000 ,0725 .0689 ,0653 .0616 5.000 .0700 .0665 ,0630 .0595 7,500 .0675 .0641 .0608 .0574 !0,000 0650 .0618 .0585 .0553 t5,000 .0650 ,0618 .0585 .0553 20.000 .0650 .0618 .0585 .0553 25,000 .0650 .0618 .0585 .0553 30.000 .0650 .0618 .0585 .0553 35.000 .0650 .0618 .0585 .0553 40.000 .0650 .06t8 .0585 .0553 45,000 .0650 ,0618 .0585 .0553 50,000 .0650 .0618 .0585 .0553 55,000 .0650 .0618 .0585 .0553 60,000 ,0650 .0618 .0585 .0553 Not~ For Switched Access, the rates-do not continue to decline for commitment levels above S10,000. however, for Dedicated Access, the dectine in rates would continue above this commitment level. *SEE, SALESTAR for ADDITIONAL RATE INFORMATION [i.e. Calling Cards, State to State, etc.) Calling Plans Summary The table below summarizes ~he two pricing plans. Bates are neither time of day nor distance sensitive. Lower-rates are available in exchange for longer term length agreements-fo~ FirmRate~ and in exchange for higher monthly spending commit- merits and longer term length agreements for SimpleOptions=, Leve/ None None Set monthly spending commitment. Shortfall penalty is appiie~t for unmet spending commitments. Month-to-month, one, two or three year. Term.ination penalty is applied for ending the plan prior to the agreed upon end date. The BABS Mo primary pricing Plans, are FirmRates" and SimpleOptionss". They are simple and well suited to alt types of customers, and give competitive rates. They dO not depend upon the purchase of any local products er services. The plans have been, designed to offer Customers the flexibility to meet their needs. CONFIDENTIAL: For Internal use only, not to be shared outside Bell Atlantic Corporation.