|
AT &T Wireless Program Description
<br />Service.
<br />1.1 Provision of Service. Contractor, through companies that operate commercial
<br />mobile radio telecommunications systems in the geographic areas covered by the Agreement ( "Carriers "), will
<br />provide commercial mobile radio Services more particularly described in the Agreement ( "Service ") to the
<br />Purchasing Entities and their respective W -2 employees who either (a) receive Service under the Purchasing
<br />Entity's account ( "Corporate Responsibility Users" or "CRUs ") or (b) receive Service under individual
<br />accounts in accordance with the Employee Benefit Program described herein ( "Individual Responsibility
<br />Users" or "IRUs ") (at times, Corporate Responsibility Users and Individual Responsibility Users are referred
<br />to together as "End Users "). Service includes wireless voice telecommunications services ( "Voice Service ")
<br />and wireless data telecommunications services ( "Wireless Data Service ").
<br />1.2 Availability/Interruption. Service will be available only within the operating range
<br />of each Carrier's wireless system ( "Service Area "). Contractor may from time to time add or delete Service
<br />Areas upon written notice to NMSPA. Service is subject to: (a) transmission limitation, reduction in
<br />transmission speed, or interruption caused by weather, your Equipment, terrain, obstructions such as trees or
<br />buildings, and other conditions; (b) temporary suspension due to governmental regulations or orders, system
<br />capacity limitations, system repairs or modifications, or contractor's efforts to combat potential fraud;
<br />(c) interruption for nonpayment of charges by any Purchasing Entity; and (d) call blocking for certain
<br />categories of numbers (e.g., 976, 900 and certain international destinations) or access to certain websites if, in
<br />contractor's sole discretion, contractor is experiencing excessive billing, collection or fraud problems with
<br />access to those numbers or sites.
<br />2. Payment.
<br />2.1 Charges. Each Purchasing Entity will pay: (a) Service charges for all calls
<br />processed through Numbers and all actual kilobytes transmitted through the Equipment (even if the connection
<br />is dropped or the data is not actually received) including, without limitation, local airtime charges, long
<br />distance charges, features charges, and roaming charges; (b) Equipment charges; and (c) any applicable
<br />federal, state and local sales, public utilities, gross receipts, or other taxes, surcharges, assessments, recoveries
<br />or fees imposed upon such Purchasing Entity, contractor, or a Carrier as a result of the purchase or use of
<br />Equipment or Service under this Agreement, except taxes based on contractor's or the Carrier's net income.
<br />Specific charges may differ by Service Area. Contractor will charge 800, 866, 877, 888 and other "toll free"
<br />calls at domestic airtime or roaming rates. Each Purchasing Entity may receive a separate bill for some long
<br />distance charges. Due to delayed reporting between Carriers, Service usage may be billed in a subsequent
<br />month and this usage will be charged as if used in the month billed. Billing cycle end dates may change from
<br />time to time. For rate plans where a billing cycle covers less than or more than a full month, contractor may
<br />make reasonable adjustments and proration.
<br />2.1.1 Purchasing Entities Tax - Exempt Status. With respect to
<br />§2.1(b) of this Program Description, and §6 (c) above, contractor acknowledges that certain
<br />Purchasing Entities may be tax- exempt. Contractor will accord the proper tax - exempt status to
<br />each Purchasing Entity that properly establishes such status. Notwithstanding this tax-exempt
<br />status, each Purchasing Entity shall pay: (a) any taxes not covered by its tax- exempt status; and
<br />(b) any and all regulatory fees, assessments and charges including, without limitation, universal
<br />service fees and all other similar, government- imposed fees, assessments and/or charges that the
<br />Purchasing Entity may be legally subject to as a result of the purchase or use of Service under
<br />this contract.
<br />2.2 Voice Service. The length of a call is measured during the time that the End User is
<br />connected to the wireless system, which is approximately from the time the End User presses "Send" or
<br />another appropriate key to initiate or answer a call until approximately the time the End User presses "End" or
<br />another appropriate key to terminate the call. Airtime usage on each call is billed in full minute increments,
<br />with partial minutes of use rounded up to the next, and charged as a, full minute. If an incoming call has been
<br />19
<br />Yruri nUv��nciu� ��X- 2upt( li ^a1�RMa "v'urt� {hSmiµiEw»}3 -3"M 9N::.'- r.,.::a
<br />
|