Le-Ru Terms and Conditions for Interstate Long Distance Service
FOLLOWING ARE SELECTED SECTIONS OF THE TERMS AND CONDITIONS THAT GOVERN LE-RU LONG DISTANCE COMPANY’S PROVISION OF INTERSTATE LONG DISTANCE SERVICE (THE “SERVICE”) TO YOU. A COMPLETE COPY OF THE TERMS AND CONDITIONS OF SERVICE IS AVAILABLE FOR YOUR VIEW EITHER AT LE-RU LONG DISTANCE COMPANY’S OFFICES LOCATED IN STELLA, MISSOURI OR ON LE-RU TELEPHONE COMPANY’S WEBSITE LOCATED AT www.leru.net. BY YOUR SIGNATURE ON THE LETTER OF AUTHORIZATION , YOU ARE AGREEING TO BE BOUND BY SUCH TERMS AND CONDITIONS.
1. Payment. Once Service is activated, you are responsible for paying all charges associated with the Service. Monthly Service charges are billed in advance and usage charges are billed in arrears. All bills from LE-RU LONG DISTANCE COMPANY, hereinafter referred to as “Company,” are due by the 11th workday after the bill date and are payable at the Company’s office as designated on the bill. The Company may apply a late fee of the lesser of one percent (1%) per month or the maximum rate permitted by law to each of your bills not paid by the due date.
2. Calculation of Usage. Charges for usage-based Service offered by the Company begin when the connection is established. Charges are assessed in increments of one minute, with additional seconds rounded up. Where charges for Service vary due to time of day, time periods are defined in the Company’s rate tables and are determined by the local time of the location where you make the call. When a call is established in one rate period and ends in another rate period, the rates are based on the portion of your call that occurs within each rate period.
3. Rates, Terms and Conditions and Changes. The Company maintains current rates, and terms and conditions of Service in its office located in Stella, MO and on its website at www.leru.net. The Company reserves the right to make price changes for the Service or changes in these Terms and Conditions of Service upon providing ten (10) days advance notice to you. The may provide such notice by any reasonable means, including a bill insert or a bill message. You agree that you will be bound by any change in the rates Terms or Conditions of Service unless you cancel your Service as provided in paragraph 7 below prior to the effective date of the change.
4. Liability of LE-RU LONG DISTANCE COMPANY. The liability of the Company, if any, for interruption, delays or failures in transmissions (“Service Problems”), whether caused by the negligence of the Company or otherwise is expressly limited to credits issued by the Company to you. No credit will exceed the charges billed by the Company to you for the period during which the Service problem occurred. The Company will issue a credit only when the Service problem lasts for more than twenty-four (24) hours. The Company reserves the right to require you to apply for any such credit in writing. The Company may also deny your request for credit where your evidence is inconclusive or the request for credit is otherwise unwarranted or insufficient. UNDER NO CIRCUMSTANCES WHATSOEVER WILL LE-RU LONG DISTANCE COMPANY OR ITS OFFICERS, AGENTS, OR EMPLOYEES BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARAY, OR CONSEQUENTIAL DAMAGES.
5. NO WARRANTIES. EXCEPT AS MAY BE EXPRESSLY SET FORTH HEREIN, THE COMPANY MAKES NO WARRANTIES EXPRESSED OR IMPLIED WITH RESPECT TO THE PROVISION OF ITS SERVICES, AND EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTCULAR PURPOSE.
6. Indemnity. You agree to indemnify and hold the Company harmless from any liability with respect to any and all claims and damages, of every kind (including specifically special or consequential damages), arising from your use of the Service. Your indemnity of the Company also extends to: (a) any claims or damages arising out of or attributed, directly or indirectly, to Service Problems; (b) any claims or damages of the owner or you premises or equipment; or (c) any other third party claims and damages.
7. Termination of Service. Upon providing the Company adequate information as to your identity, you may terminate Service by notifying the Company. All amounts due under the terms and conditions of the Service plan selected are immediately due and payable. The Company may immediately terminate or withhold Service to you without incurring any liability whatsoever for the reasons set forth in the Terms and Conditions on file at the Company’s office or on LE-RU TELEPHONE COMPANY’S website.
The terms and conditions governing LE-RU LONG DISTANCE COMPANY’s provision of intrastate long distance service by the Company are provided in the Company’s Tariff on file with the Missouri Public Service Commission.