The following terms and conditions (including pricing) apply to all SCA Guide Type 10 arrangements. Unless modified by the following, all terms and conditions (including pricing) provided for elsewhere in this Guide apply.
1. Term and Renewal Options:
1. Customer must subscribe to this Guide Type prior to March 1, 2004.
2. Beginning May 1, 2003, the following provisions apply. A Customer must enroll with a term of service of one, two or three years (Initial Term) in a new MCI Business Services Agreement (Term Plan.) The terms and conditions applicable to an SCA Guide Type 10 are separate from, and in addition to, terms and conditions that apply to the Term Plan with which an SCA Guide Type 10 is associated.
3. Through April 30, 2003, the following provisions apply. The Customer must commit to a service term of either one or two years (Initial Term).
4. At the expiration of a Customers Initial Term, an SCA Guide Type 10 will automatically renew on a month-to-month basis (Extended Term), unless the Customer provides written notification to terminate the SCA Type, which notice must be received by the Company at least 60 days before the expiration of the Initial Term. Either the Customer or the Company may terminate service during the Extended Term by providing at least 60 days prior written notice upon the other party.
2. Description of Service: Service will consist of Feature Option A Long Distance Voice Services, Audio Conferencing, Net Conferencing, U.S. Private Line Services, domestic Frame Relay Services, dedicated interstate access service, Internet Dedicated Services and Internet DSL Services.
3. Minimum Volume Requirement:
1. Beginning May 1, 2003, the following provisions apply. The provisions of the Term Plan will apply except that the Customer must elect an Term Plan annual volume commitment of $1,200, $6,000, $24,000, $60,000 or $120,000.
2. Through April 30, 2003, the following provisions apply. Customer must commit to a Monthly Minimum Volume Requirement (MVR) of $100 of total service charges for each monthly billing period during the Initial or Extended Term. For purposes of this SCA Type, total service charges are all charges applied under this SCA Guide Type 10 after the application of all discounts, except that such Charges shall not include taxes, tax-like charges and tax-related surcharges, charges for equipment and collocation, charges incurred for goods or services where the Company or an affiliate acts as agent for the Customer in the acquisition of goods or services, non-recurring charges and other governmental charges.
4. Rates and Charges: Except as set forth in this Section, rates established elsewhere in this Guide, as these may be amended from time to time, will apply.
4.1 On-Net Voice Service:
4.1.1 Domestic Service: The Customer will be charged the following per-minute rates for: On-Net Voice Services Option A Outbound Service and Calling Card usage that originates in the U.S. Mainland and Hawaii and terminates in the U.S. Mainland, Alaska, Hawaii, Puerto Rico, the U.S Virgin Islands, American Samoa, Guam, and CNMI; and, On-Net Voice Services Feature Option A Inbound Service usage that originates in the U.S. Mainland, Alaska, Hawaii, Puerto Rico, the U.S Virgin Islands, American Samoa, Guam, and CNMI and terminates in the U.S. Mainland and Hawaii. Rates are based on origination type for Outbound Service and termination type for Inbound Service, and the service term to which the Customer has committed:
Service Type Term of Service (Years)/
Origination Type (Outbound Service)/ Per-Minute Rate
Termination Type (Inbound Service) 1 2 or 3
Switched $0.056 $0.053
Dedicated/Local Network Connection 0.038 0.035
4.1.2 International Service: The Customer will be charged the following per-minute rates for On-Net Voice Services Outbound Service, including Calling Card, usage which originates in the U.S. Mainland, Hawaii, the U.S. Virgin Islands, and American Samoa, and U.S. Virgin Islands and terminates in the following locations, based on origination type:
4.2 Private Line: The Customer will be charged the following monthly recurring rates for DS0 (DIGITAL SIGNAL LEVEL 0) (DS-0) and DS1 (DIGITAL SIGNAL LEVEL 1) (DS-1) ordered and installed during the Initial Term, based on circuit type, Mileage Band and the service term to which the Customer has committed:
Term of Service/Monthly Recurring Charge
1 Year 2 or 3 Years
Circuit Type 1 - 500 501 - 1000 1001+ 1 - 500 501 - 1000 1001+
DS-0 $300 $ 400 $ 500 $250 $ 350 $ 450
DS-1 900 1,400 2,200 850 1,300 2,000
4.3 Access: The Customer will be charged the following monthly recurring charges for DDS Local Access (DDS), DSO (Hubless) Access (DS0) and/or T-1 Digital Access local access circuits ordered during the Initial Term, based on the location of the terminating Customer Premises, circuit type, access type, standard monthly recurring per-circuit Local Access Channel charges, and length of service term:
The following charges apply for DSO circuits in all locations:
Access Type/Standard Monthly Recurring Charges/
Term of Service (Years)/Monthly Recurring Charge
Type 1 Type 3
All Standards Rates <$300.00 $300.01+
1 2 or 3 1 2 or 3 1 2 or 3
$100.00 $95.00 $150.00 $142.50 $200.00 $190.00
The following charges apply for DS1 circuits with terminating Customer Premises located in all states except Ohio, Illinois, Indiana, Minnesota and Wisconsin:
Access Type/Standard Monthly Recurring Charges/
Term of Service (Years)/Monthly Recurring Charge
Type 1 Type 3
All Standard Rates <$600.01 $600.01-$1,000.00 $1,000.01-$1,500.00 $1,500.01+
1 2 or 3 1 2 or 3 1 2 or 3 1 2 or 3 1 2 or 3
$190.00 $180.00 $237.50 $225.00 $332.50 $315.00 $475.00 $450.00 $712.50 $675.00
The following charges apply for DS1 circuits with terminating Customer Premises located in Ohio, Illinois, Indiana, Minnesota and Wisconsin:
Access Type/Standard Monthly Recurring Charges/
Term of Service (Years)/Monthly Recurring Charge
Type 1 Type 3
All Standard Rates <$1,000.01 $1,000.01-$1,500.00 $1500.01+
1 2 or 3 1 2 or 3 1 2 or 3 1 2 or 3
$190.00 $180.00 $237.50 $225.00 $475.00 $450.00 $712.50 $675.00
For purposes of this SCA Type, the following definitions apply:
Type 1 access is service provided entirely via the Companys facilities; and,
Type 3 access is service provided at both ends of a circuit via facilities not furnished in whole via Company facilities.
4.4 Audioconferencing: The following provisions apply, in lieu of all other discounts for Audioconferencing.
4.4.1 Audioconferencing: The Customer will be charged the following per-minute per-bridge port rates, inclusive of both bridging and transport, for Audioconferencing usage that originates in the U.S. Mainland, Hawaii, Puerto Rico and the U.S. Virgin Islands and terminates in the U.S. Mainland, Hawaii, Puerto Rico and the U.S. Virgin Islands, based on Service Level, access type and term of service:
Service Level Access Type 1 2 or 3
Dial-Out Access 0.400 0.385
Toll Free Meet-Me Access 0.330 0.320
4.4.2 Features: The Customer will be charged $0.15 per minute per bridge port for Unattended Service Level and Instant Meeting usage that originates in the U.S. Mainland, Hawaii, Puerto Rico and the U.S. Virgin Islands and terminates in the U.S. Mainland, Hawaii, Puerto Rico and the U.S. Virgin Islands.
4.5 Internet Dedicated Service: The following provisions apply to Internet Dedicated Service which the Customer installs under this SCA Type under a 1-, 2- or 3-year term of service:
4.5.1 Monthly Recurring Charges: The following monthly recurring per-circuit charges apply to Internet Dedicated Service, based on service type:
Service Type Charge
0 128 kbps Burstable T1 $ 511
128.1 - 256 kbps Burstable T1 789
256.01 - 384 kbps Burstable T1 920
384.01- 512 kbps Burstable T1 975
Over 512 kbps Burstable T1 1,081
Tiered 768 kbps 570
Price-Protected T1 828
Shadow T1 262
Diverse T1/Double T1 1,656
4.5.2 Installation: A $600 charge applies for non-standard installation.
4.5.3 Expedited Service Fee: A $600 per-circuit charge applies for expedited Telco provisioning.
5. Discounts:
5.1 Frame Relay Services: In lieu of all other rates, discounts and promotions, the Customer will receive the following discounts on monthly recurring charges for ports and PVCs ordered by the Customer during the Initial Term, based on the Customers term of service:
Term of Service (Years)
Descuento
1 2 or 3
51% 55%
5.2 Access: For Customers who subscribe to this SCA Type 10 prior to January 1, 2003, the Company will waive the installation charges for DDS Local Access (DDS), DS0 (Hubless) Access (DS0) and T-1 Digital Access local access circuits ordered during the Initial Term.
5.3 Audioconferencing:
5.3.1 Net Conferencing: In lieu of any other discounts for Net Conferencing, the Customer will receive the following discounts on standard per-minute charges for the document portion of Net Conferencing calls, based on term of service:
Term of Service (Years) Descuento
1 10%
2 or more 14
6. Credits:
6.1 Access: In each monthly period of the term of service, the Customer will receive a credit applied against charges for interstate service in an amount equal to the difference between the standard tariffed monthly recurring charge in effect for the Customer's intrastate private line service and the monthly recurring charge in effect for the Customer's Domestic Private Line Services at identical data speed and route mileage.
7. Classifications, Practices and Regulations:
7.1 Underutilization:
1. Beginning May 1, 2003, the provisions of the Term Plan apply.
2. Through April 30, 2003, in each monthly billing period of the Initial Term and Extended Term in which the Customer fails to satisfy the MVR, the Customer will be billed and required to pay an amount equal to the difference between the Customers actual total service charges in that monthly billing period and the MVR.
7.2 Early Termination:
1. Beginning May 1, 2003, the provisions of the Term Plan apply.
2. Through April 30, 2003, except as set forth in Section 6.2.1, if the Customer discontinues service prior to the expiration of the Initial Term and/or any Extended Term, the Customer will be billed and required to pay an early termination charge in an amount equal to 100 percent of the Customers Minimum Monthly Volume Requirement for each monthly period, or portion thereof, remaining in the service term.
7.2.1 Termination Without Liability: Through April 30, 2003, either party may terminate this SCA Guide Type 10 for cause without incurring any termination liability. For purposes of this SCA Type: with regard to payment of invoices, cause shall mean the Customers failure to pay any invoice within thirty (30) days of the invoice date; and, for all other matters, cause shall mean a breach of any material provision, of service, provided that written notice of any such breach has been given to the breaching party and that party has failed to cure the breach within thirty (30) days of its receipt of notice.
8. Other Conditions: A Customer receiving service under this SCA Type may not receive any other term and volume discounts or the benefit of any other offering on service provided under this SCA Type, except for the Checkbook Promotion 2003, Dedicated IP Access with Cisco Router Promotion, Dedicated IP Access with Cisco Router and Redundant T1 Promotion, Dedicated IP Access with Efficient Router Promotion, Dial IP Access with Firewall Promotion, Fund Promotion II, Install Waiver Promotion, International Outbound One Region Promotion, Internet Dedicated Port Install Parity Promotion, Internet Dial Office Install Promotion, Internet DSL with Local and Long Distance Promotion, Local and Long Distance-Line Solution, Local and Long Distance Service Plus Optional Calling Plan/Local and Long Distance Trunk Solution/Local and Long Distance Line Solution II, Local and Long Distance with IP-Line Solution and MCI Affinity Promotion.