Terms of Service

Customer desiring service will be asked to complete an application form. The Company will endeavor to accept or reject an order within three business days following the Company's receipt of the signed application form. The application form is merely a request for service and neither obligates the Company to provide service nor obligates the Customer to subscribe for service.

Establishment and Re-establishment of Credit

The Company reserves the right to examine and approve, in the sole discretion of the Company, the credit records, credit references, and creditworthiness of all new applicants and current Customers. If the Company elects to deny service to any applicant, then the Company immediately will return to the applicant all Customer deposits received from the applicant.

Deposits

As a condition of approving an application or agreeing to provide service to any applicant, or continuing service to any ongoing Customer, the Company in its sole and absolute discretion may require a Customer to deliver to the Company a deposit of up to two (2) months' actual or estimated charges for the service provided. Without limiting the generality of the foregoing, the Company may require a deposit from an ongoing Customer because the Company determines, in its discretion, that a deposit is justified by reason of the Customer's payment history, credit rating, financial condition, usage pattern, or other information relating to the Customer, its business, or its historical, current or planned usage of the service. Upon termination of service, any deposit then held by the Company will be applied toward the Customer's accrued and unpaid charges and any net balance will be returned to the Customer within 60 days after the service is discontinued. Customer shall not earn any interest on any deposits or other payments held by Company. If the Customer timely pays its bills, then the Company in its discretion may elect, after one (1) year's payment history with the Customer, to return the unapplied deposit to the Customer.

Credit Limits

The Company in its sole and absolute discretion may provide services to a Customer determined to be creditworthy without requiring a deposit for estimated charges, and may establish a maximum credit limit for a Customer. The Company shall notify all new Customers of such credit limit, and all current Customers of any change in their credit limit, which may not be exceeded. Without limiting the generality of the foregoing, the Company may increase or decrease a current Customer's credit limit at any time or from time to time because the Company determines, in its sole and absolute discretion, that such increase or decrease is justified by reason of the Customer's payment history, credit rating, financial condition, usage pattern, or other information relating to the Customer, its business, or its historical, current or planned usage of the service. Any increase or decrease in a current Customer's credit limit shall be effective immediately upon notice from the Company. The Company reserves the right to monitor on a daily and continuous basis the usage of any Customer to ensure that services are not provided in excess of any established credit limit.

Notices

Any notice the Company may give to a Customer may be given (a) orally or (b) by written notice mailed to the Customer's billing address or (c) by facsimile or email to such facsimile number or email that the Customer may provide to the Company or (d) to such other address, facsimile number, or email address as the Customer may provide to the Company.

Except for cancellation of service or as otherwise provided by the rules of the California PUC, any notice from any Customer may be given by the Customer or any authorized representative to the Company (a) by written notice mailed to the Company's principal executive offices, or (b) by facsimile or email to such facsimile number or email that the Company may provide to the Customer or (c) to such other address, facsimile number, or email address as the Company may provide to the Customer.

Notwithstanding the foregoing, notice of service cancellation must be delivered in writing.

Rendering and Payment of Bills

Billing periods generally are monthly, provided that the Company upon written notice to the Customer may elect, in the discretion of the Company, to bill more frequently than monthly (such monthly or other more frequent period, the "billing period").
The billing date is dependent upon the billing cycle assigned to the Customer.
The Company may elect to deliver an initial bill for an amount equal to one month's estimated usage billed in advance. Charges based on actual usage during a billing period will be billed for the billing period in arrears. All fixed monthly and non-recurring charges for services ordered will be billed monthly in advance.
In the event the Company determines that a Customer has utilized services with a charge in excess of such Customer's credit limit, the Company may immediately bill Customer for all charges incurred by such Customer, regardless of Customer's normal billing date or billing cycle.
Bills are due and payable upon receipt of the invoice. The total invoiced amount must be paid within 22 days of the invoice date. Bills not paid within 30 days after the invoice date are subject to a late charge equal to 1.5% per month on the unpaid amount. Customer's service may be terminated if service is not paid for by the 30th day past the billing date after written notice has been provided.
Notwithstanding anything herein to the contrary, the Company in its sole discretion reserves the right to terminate service unless all or any portion of accrued and unpaid charges are immediately paid, if the Company in its discretion determines that the Customer's creditworthiness, financial condition, business practices, or usage patterns for the service expose the Company to a level of risk that the Company determines to be unacceptable.
The Company is not responsible for local telephone charges incurred by the Customer in gaining access to the Company's network.
A charge of $15.00 will apply for all dishonored checks issued to the Company.

Disputed Bills

In the case of a billing dispute between the Customer and the Company for service furnished to the Customer, the Customer may take the following course of action within 60 days of the disputed bill's billing date.

First, the Customer may request, and the Company will perform, an in-depth review of the disputed amount. The undisputed portion and subsequent bills must be paid on a timely basis or the service may be subject to disconnection.
Second, if there is still disagreement about the disputed amount after the investigation and review by a manger or the Company, the Customer may appeal to the CPUC's Consumer Affairs Branch for its investigation and decision.
To avoid disconnection of service, the Customer must submit the claim and, if the bill has not been paid, deposit the amount in dispute with the CPUC. The disputed amount must be made payable to the CPUC.
The CPUC will review the claim of the disputed amount, communicate the results of its review to the Customer and the Company and make disbursement of the deposited amount.

The addresses and telephone numbers of the CPUC's Consumer Affairs Branch are:
Consumer Affairs Branch
505 Van Ness Avenue
San Francisco, California 94102
1-800-649-7570 (toll free)
1-415-703-1170
1-415-703-2032 (TDD)

or

Consumer Affairs Branch
107 S. Broadway
Los Angeles, California 90012
1-800-649-7570 (toll free)
1-213-897-2975
1-213-897-0426 (TDD)

Discontinuance and Restoration of Service

Service will continue to be provided until canceled by the Customer in writing, or until canceled by the Company as set forth below.

Cancellation of Service by a Customer:

If a Customer cancels its order for service before the service begins, then a charge will be levied upon the Customer for the non-recoverable portions of expenditures or liabilities incurred expressly on behalf of the Customer by the Company.

Cancellation for Cause by the Company:

The Company in its discretion, upon written notification to the Customer and without incurring any liability to the Customer whatsoever, may elect to discontinue the furnishing of service to the Customer if the Customer is delinquent in payments to the Company, or if the Customer exceeds its credit limit, or if the Customer violates any agreement or these Terms of Service, or if the Company in its discretion determines that the Customer's creditworthiness, financial condition, business practices, or usage patterns for the service expose the Company to a level of risk that the Company determines to be unacceptable.

Restoration Procedure:

If services is terminated by the Company, then the Company in its discretion may elect to restore service to the Customer if the Customer satisfies whatever requirements the Company in its discretion then may require Customer to meet as a condition of the resumption of service to the Customer. The Company reserves the right to collect a deposit and/or assess a reconnection fee of $25, as well as a fee of $100 per circuit, for re-establishment of service.

The Company reserves the right to refuse to re-establish service to any Customer for whom service was disconnected.

If the Company has advance knowledge that service to a customer may be disrupted for a period exceeding twenty-four (24) hours, then the Company will exercise commercially reasonable efforts to deliver advance written notice to the Customer.

Service Policies:

From time to time the Company may establish policies, rules and limits concerning Customer's use of the services, and Customer's use of the services shall be subject to these policies. Company will provide Customer with notice of such policies and any change to the policies.

Access to Customer's Premises

The Company's authorized employees may enter a Customer's premises at all reasonable hours for any purposes pertinent to the furnishing of service and the exercise of any and all rights secured to it by law or these rules.

Limitation of Liability of the Company

With respect to claims or suits by Customer, its customers, or any others for damages relating to or arising out of mistakes, omissions, interruptions, delays, errors, or defects in any Services or facilities offered under this Agreement up to and including the Local Loop Demarcation Point (as defined in the Company's tariffs), the Company's liability shall be limited to an amount equal to no more than the proportionate charge (based on the rates then in effect) for the Service or facilities for the period of time during which the Service or facilities were affected. Where any mistake, omission, interruption, delay, error or defect in any one Service or facility affects or diminishes the value of any other Service, TMC's liability shall include such diminution, but in no event shall the liability exceed the total amount of the charges to the Customer for all Services or facilities for the period affected by the mistake, omission, interruption, delay, error or defect.

The Company shall not have any liability whatsoever for the quality of service provided by any local exchange carrier. The Company is not liable for any act, omission or negligence of any local exchange carrier or other provider whose facilities are used in furnishing any portion of the service received by the Customer. The Company shall not be liable for any failure of performance hereunder due to causes beyond its control, including, but not limited to, civil disorders; terrorist acts; labor problems; fire and flood; atmospheric conditions or other phenomena of nature, such as radiation. In addition, the Company shall not be liable for any failure of performance hereunder due to necessary network reconfiguration; system modifications due to technical upgrades; or regulations established or actions taken by any court or government agency having jurisdiction over the Company.

The Company shall not have any liability hereunder for damages suffered by Customer to the extent caused by mistakes, omissions, interruptions, delays, errors or defects in transmission or service that are caused by the acts or omissions of Customer, or which arise from facilities or equipment used by the Customer.

In no event shall the Company have any liability hereunder or in connection with the delivery of service to the Customer for any indirect, any indirect, special, incidental or consequential damages (including lost profits or loss of goodwill), whether based on contract, tort (including negligence), or any other legal theory, arising out of or related to this Agreement. The Company's total liability arising out of or related to these Terms of Service and the delivery of service to the Customer, whether based on contract, tort (including negligence), or any other legal theory, shall not exceed the total fees and charges paid by the Customer to the Company for such service.

Customer's Liabilities

The Customer is solely responsible for any and all penalties assessed on Customer by Customer's prior carrier as a result of Customer transferring service to the Company Customer accepts responsibility for, and shall pay, the charges associated with the telephone numbers listed on its account regardless of whether Customer authorized the calls. It is the Customer's responsibility to secure access to their phone system including, but not limited to, voice mail servers, PBXs, switches, and network servers. Customer indemnifies and agrees to hold the Company harmless for any fraudulent traffic originating on their phone numbers or dedicated circuits.

Overpayment

The Company shall remit any overpayment to Customers under the following circumstances: (1) through the Company's normal internal auditing practices, the Company discovers the overpayment; and (2) Customer submits a written claim, which with substantiating evidence supplied by the Customer, the Company is able to verify.

Disclaimer of Warranties

Except as may be expressly provided in writing to Customer, the Company hereby expressly disclaims all (and no agent or other person purporting to represent the Company is authorized to make any) representations or warranties, expressed or implied, regarding the service (including any regarding the merchantability or fitness for a particular purpose).

UNDERUTILIZATION

Customer understands and acknowledges that the underlying carrier may terminate service on any circuit for underutilization. Customer understands that this in no way affects customer's commitment to pay for all monthly circuit charges associated with these circuit(s) for the entire term of the contract. In the event of cancellation or carrier disconnection, customer shall be responsible to pay for the entire amount of any remaining monthly circuit charges. TMC will give customer 15 days written notice of carrier intent to disconnect, and customer shall have the option of increasing usage to prevent carrier disconnection of circuit(s), or alternatively accepting disconnection of designated circuit(s). In the event of disconnection, Customer shall reimburse TMC for any circuit disconnection fees charged by underlying carrier to TMC.

Excessive Call Attempts Surcharge

Customers utilizing any of TMC's underlying networks for call termination and origination, a minimum inbound and outbound call completion ratio (defined as percentage of completed calls versus attempted calls) of 50% (fifty percent) is required, and is calculated on total inbound and outbound call attempts on a monthly billing basis per DS1 circuit. An Excessive Call Attempt Surcharge of $10 per DS0 (there are 24 DS0's in one DS1) may be assessed on each trunk group where call completion is less than 50%.

Excessive Short Duration Call Surcharge

TMC reserves the right to assess a surcharge to Customers utilizing any of TMC's underlying networks for call termination and origination, if 10% or more of customer's completed calls are equal to or less than 6 seconds in length (Short Duration Calls) during any Billing Cycle, TMC may charge an additional $0.01 surcharge per Short Duration Call (Short Call Surcharge).

TAXES & SURCHARGES

Any applicable sales, use, excise, public utility or other taxes, fees, surcharges and regulatory costs, including without limitation Universal Service Fund (USF) and E911-related fees or costs, or charges imposed on Carrier as a result of providing the Service ("Taxes") will be added to Carrier invoice as permitted or required by law. Additionally, Carrier may impose recovery fees in order to recover costs associated with regulatory compliance, administrative and network facilities costs. Such fee by the Universal Fund, the underlying carrier or TMC are not a government mandated tax or surcharge, and is not subject to exemption for Tax Exempt Customers. If Customer is exempt from payment of any Taxes and requests TMC to remove those charges, Customer must provide Carrier with an original Tax Exempt Document. Tax exemption will only apply to Taxes incurred after the date Carrier receives the Tax Exempt Document (Customer cannot receive credit for any Taxes already billed). A complete description of surcharges can be found at http://www.tmccom.com/customercare/fees/

ANCILLARY FEATURES AND PRICING

The link below will take you to TMC's Ancillary Features and Pricing sheets which are part of our Terms and Conditions of service. The Ancillary features, time intervals and pricing are best estimates at date of issue. TMC will not be liable for any actual differences. Pricing or other information can change at any time without notice. A complete description of fees can be found at http://www.tmccom.com/customercare/fees/

Rate Adjustments

The Company will adjust its rates and charges, or impose additional rates and charges, to recover any amounts that it is required by Governmental or Quasi-governmental authorities to collect from or pay to others. Such charges will include, but are not limited to PICC charges, payphone/dial around compensation, access reform and universal connectivity. These charges will appear as separate line items on invoices rendered to the end user, and will include a reasonable fee for the administration of these initiatives. In addition, the Company will adjust its rates and charges, or impose additional rates and charges, to recover any charges or surcharges imposed by its underlying carriers. Such charges include usage and call completion ratio surcharges. Nothing contained herein will prohibit Company from implementing rate increases or surcharges for its service which are unrelated to Governmental or Quasi-Governmental actions or the actions of the Company's underlying carriers at any time provided Company provides written notice to Customer of the increase.