APPLICATION OF PRICE LIST

This price list contains the regulations and rates applicable to the provision of telecommunications service by Business Network Long Distance, Inc. (hereinafter referred to "BNLD" or Business Network Long Distance Inc.) between and among domestic points within the United States and between points within the United States and international locations as specified herein. Service is furnished subject to transmission, atmospheric and like conditions. By use of BNLD’s services, Customer agrees to all terms, conditions, rates and charges contained herein. Rates and terms of service are subject to change without notice.

Rates

You agree to pay for BNLD services at the rates and charges contained herein. 

 

Changes in Rates, Terms and Conditions

BNLD may change this Agreement, from time to time. Any change will become effective no earlier than fifteen (15) days after BNLD posts the change on its website. BNLD will notify you of rate or charge increases by bill message, bill insert or other reasonable commercial methods at least fifteen (15) days prior to the effective date of any increase. Such advance notice will not be required for increases in taxes and other charges described herein, nor will notice be required for any change that does not result in increased rates or charges for BNLD services. Your use of BNLD services after the notice period shall constitute your acceptance of the increased rates or charges. 

Trademarks 
All corporate names, service marks, logos, trade names, trademarks, websites and domain names of Business Network Long Distance Inc. Are and shall remain the exclusive property of Business Network Long Distance, Inc. and nothing in this agreement shall grant you the license to use such Marks.

Copyright 
All Materials found in the Website are protected by trademark, copyright, or other intellectual property laws. Any commercial use of the Materials found on the Website is strictly prohibited, without the express, prior, written consent of Business Network Long Distance INC. Any reproduction or redistribution of the Materials not in accordance with the terms set forth herein is expressly prohibited by law, and may result in severe civil and criminal penalties.

Liabilities
BNLD will not be liable to you for any indirect, special, incidental, consequential, exemplary or punitive damages of any kind, including lost profits (regardless of whether it has been notified such loss may occur) by reason of any act or omission in its provision of equipment and BNLD services. BNLD will not be liable for any act or omission of any other company furnishing a part of our BNLD services or any equipment or for any damages that result from any BNLD services or equipment provided by or manufactured by third parties.

 

Limitations of Company Liability.

BNLD'S LIABILITY FOR DAMAGES, ACTUAL OR CONSEQUENTIAL, ARISING OUT OF MISTAKES, ACCIDENTS, ERRORS, INTERRUPTIONS, DELAYS, OR DEFECTS IN TRANSMISSION, OR FAILURE IN FACILITIES, WHICH OCCUR IN THE COURSE OF FURNISHING BNLD SERVICES SHALL NOT EXCEED THE AMOUNT CHARGED BY BNLD FOR THE SERVICES IN QUESTION, NOT TO EXCEED ONE MONTH OF SERVICE CHARGES. IN NO EVENT SHALL BNLD BE LIABLE FOR DAMAGES FOR FAILURE OF PERFORMANCE DUE TO CAUSES BEYOND ITS CONTROL INCLUDING, BUT NOT LIMITED TO: (i) ACTS OF GOD, FIRES, FLOOD OR OTHER CATASTROPHES; (II) ANY LAW, ORDER, REGULATION, DIRECTIVE, ACTION OR REQUEST OF THE UNITED STATES GOVERNMENT OR ANY OTHER GOVERNMENT, INCLUDING STATE AND LOCAL GOVERNMENTS HAVING JURISDICTION OVER BNLD, OR OF ANY DEPARTMENT, AGENCY, BUREAU, CORPORATION OR OTHER INSTRUMENTALITY OF ANY ONE OR MORE OF SAID GOVERNMENTS, OR OF ANY CIVIL OR MILITARY AUTHORITY; OR (III) NATIONAL EMERGENCIES, INSURRECTIONS, RIOTS, ACTS OF TERRORISM, WARS OR LABOR DIFFICULTIES. IN ADDITION, BNLD WILL NOT BE LIABLE FOR ANY ACT OR OMISSION OF ANY OTHER ENTITY FURNISHING FACILITIES, EQUIPMENT, OR BNLD SERVICES USED BY YOU WITH BNLD SERVICES, AND BNLD WILL NOT BE LIABLE FOR ANY DAMAGES OR LOSSES DUE TO YOUR NEGLIGENCE OR FOR THE FAILURE OF YOUR EQUIPMENT, FACILITIES OR SERVICES OR THOSE OF THIRD PARTIES. 

 

Indemnification

You agree to indemnify and hold harmless BNLD from any and all liabilities, penalties, claims, causes of action, and demands brought by third parties (including the costs, expenses, and attorneys’ fees on account thereof resulting from your use of BNLD services, whether based in contract or tort (including strict liability) and regardless of the form of action. FURTHER YOU AGREE THAT BNLD WILL NOT BE RESPONSIBLE FOR ANY THIRD-PARTY CLAIMS MADE AGAINST BNLD AS A RESULT OF YOUR USE OF THE BNLD SERVICES AND THAT YOU WILL REIMBURSE BNLD FOR ALL ITS COSTS AND EXPENSES RELATING TO ITS DEFENSE AGAINST ANY SUCH CLAIMS, INCLUDING ATTORNEYS' FEES, UNLESS SUCH CLAIMS ARE BASED ON BNLD'S WILLFUL MISCONDUCT OR GROSS NEGLIGENCE. THIS PROVISION WILL SURVIVE THE TERMINATION OF THIS AGREEMENT. 

 

Warranties

EXCEPT AS OTHERWISE EXPRESSLY PROVIDED FOR IN THIS AGREEMENT OR IN A SEPARATE WRITTEN CONTRACT, BNLD MAKES NO EXPRESS WARRANTY REGARDING BNLD SERVICES, AND IT EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES, INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. 

 

Term

Service will be furnished on a month-to-month term basis unless otherwise specified by separate written agreement. If you have other than a month-to-month term, this Agreement, upon the expiration of your term, will continue in effect on a month-to-month basis at the then currently effective month-to-month Service rates until either party terminates it by giving the other party at least thirty (30) days notice. 

 

Cancellation by Customer
Customer may cancel service by providing some type of notice defined as being written or verbal notice to the Business Network Long Distance Inc.

 

Taxes and Related Charges

In addition to payment for BNLD services, you must pay all taxes, fees, surcharges and other charges billed by BNLD as they relate to BNLD services. 

 

Regulatory and Miscellaneous Charges
The customer is responsible for payment of all amounts required by governmental, quasi-governmental or other entities to be collected in support of statutory or regulatory programs. The Company may adjust its rates and charges or impose additional rates and charges on its Customer in order to recover these amounts. Unless specified otherwise herein, if an entity other than the Company (e.g., another carrier or supplier) imposes charges on the Company in connection with a Customer’s Service, that entity’s charges in addition to administrative costs will be passed through to the Customer. The Customer is responsible for the payment of all such charges. 

 

USF Charge
All calls are subject to a non-discountable Universal Service Fund (USF) Charge assessed under authority of FCC. The USF Charge is in addition to standard price listed usage charges and any applicable service charges and surcharges. 

Primary Inter Exchange Carrier Charge (PICC)
Customers that are pre-subscribed to any BNLD’s outbound-switched services are subject to a non-discountable PICC, which is a per-line (local exchange carrier provided Switched Access Line) monthly charge. If a PICC is assessed to the Company in connection with a service, such charges will be passed through to the Customer.

Federal Excise Tax
Calls are subject to a 3% Federal Excise Tax surcharge as per applicable United States Department of Treasury Regulations. 

 

Payment for Service

Payment will be due upon receipt of the billing statement by the Customer. The Customer is responsible for payment of all charges for services furnished to the Customer or to an authorized user of the Customer.  These charges include but are not limited to: (I) all calls originated at the Customer's number(s); (II) received at the Customer's number(s); (III) billed to the Customer's number(s) via third-party billing; (IV) incurred at the specific request of the Customer; (V) or placed using a calling card issued to the Customer; and (VI) late charges. The initial billing may include the account set-up charge where applicable. Checks returned for insufficient funds or non-existent accounts are subject to a return check charge.

 

Billing Disputes

If you believe BNLD has billed you in error and you wish to notify BNLD, you must comply with the requirements set forth by your Local Exchange Carrier (LEC). Any payments you withhold from BNLD pending resolution of a billing dispute may be subject to a late payment charge at the highest interest rate allowed by law. 

 

Our Right to Suspend or Terminate Your BNLD Services

In the event of your nonpayment of any invoice rendered or any required deposit, or for other violations of this Agreement, BNLD may suspend or terminate your BNLD services. We reserve the right to, without notice, limit, suspend or end your BNLD services for any other operational or governmental reason. In addition to permanently terminating your BNLD services, criminal offenses (i.e., threatening violence, etc.) will be reported to the appropriate legal authorities for prosecution.

 

Using Service

BNLD’s Service enables a caller to complete calls throughout the United States. The customer may access the service by dialing 1, plus the number.