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HomeMy WebLinkAboutYak Communications America Inc.pdfYak Communications (America) Inc.Idaho Public Utilities Commission Tariff No. Original Page No. TARIFF Yak Communications (America) Inc. TOLL SERVICES RESELLER TARIFF Rules and regulations applicable for furnishing to Customers of Resold Intrastate Interexchange Services by Yak Communications (America) Inc. between one or more points in the State of Idaho as authorized by the Public Service Commission. This Tariff is on file with the Public Service Commission and may be inspected during regular business hours. Copies also may be inspected during regular business hours at Yak Communications (America) Inc.principal place of business, 610-55 Town Centre Court Scarborough, ON M1P 4X4 Itlaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING AUG 8 - 2003 Boise, Idaho .. ~. .. _. Issued: July 30, 2003 Effective: August 8, 2003 Issued by:Charles Zwebner, President Yak Communications (America) Inc. 610 - 55 Town Centre Court Scarborough, ON MIP 4X4 KDWGPIBARKK/4193. Yak Communications (America) Inc.Idaho Public Utilities Commission Tariff No. Original Page No. TABLE OF CONTENTS Page ClIECK SlIEET .................................................................................................................................... SYMBOLS .................................................................................................................................... TARIFF FORMAT .................................................................................................................................... . SECTION 1. - DEFINITIONS............................................................................................................ 7 SECTION 2. - TERMS AND CONDITIONS .................................................................................... 9 Application of Tariff ......................................................................................................... 2 Severability........................................................................................................................ 2.3 Shortage of Equipment or Facilities.................................................................................. 2.4 Use and Availability of Service....................................................................................... 10 Liability of the Company ................................................................................................ Notification of Service-Affecting Activities................................................................... Ownership of Facilities ................................................................................................... Prohibited Uses... .......................... ............. .................................... .................................. 15 Nonroutine Installation.................................................................................................... 10 Obligations of the Customer............................................................................................ 17 11 Claims.............................................................................................................................. 19 12 Customer Equipment and Channels ....................... ................................ ...... .......... ......... 20 13 Inspections....................................................................................................................... 14 Payment Arrangements................................................................................................... 21 15 Disputed Charges ............................................................................................................ 16 Allowances for Interruptions in Service.......................................................................... 27 17 Transfers and Assignments ............................................................................................. 18 Notices and Communications.......................................................................................... 19 Temporary Promotional Programs .................................................................................. Issued: July 30 2003 Issued by:Charles Zwebner, President Yak Communications (America) Inc. 610 - 55 Town Centre Court Scarborough, ON MIP 4X4 Effective: August 8, 2003 hfaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING AUG 8 2003KDWGPIBARKK/4193. Boise, Idaho Yak Communications (America) Inc.Idaho Public Utilities Commission Tariff No. Original Page No. SECTION 3. - 3.1 3.3 SECTION 4. - 4.1 SECTION 5. - 5.3 TABLE OF CONTENTS continued) Page EXPLANATION OF RATES................................................................................... Timing of Calls............................................................................................................... 30 Computation of Charges.................................................................................................. Credit for Incomplete Calls and Wrong Numbers........................................................... 30 DESCRIPTIONS OF SERVICES ............................................................................ 1 + Long Distance ............................................................................................................ 31 Casual Calling Long Distance ......................................................................................... Toll Free Long Distance.................................................................................................. RATE SClIEDULES ................................................................................................ 1+ Long Distance ............................................................................................................ 32 Casual Calling ................................................................................................................. 32 Toll Free Service ............................................................................................................. Issued: July 30, 2003 KDWGPIBARKK/4193. Issued by: . Effective: August 8 , 2003 h'aha Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING . . AU G 8 - 2003 Charles Zwebner, President Yak Communications (America) Inc. 610 - 55 Town Centre Court Scarborough, ON MIP 4X4 Boise. Idaho Yak Communications (America) Inc.Idaho Public Utilities Commission Tariff No. Second Revised Page No. Cancels First Revised Page No. CHECK SHEET The following pages, inclusive of this Tariff, are effective as of the date shown. Original and revised pages, as named below, comprise all changes from the original Tariff in effect on the date indicated. Page Revision Page Revisions 18. Original Original Original Second Revised * Original Original Original First Revised * Original Original Original Original Original Original Original Original Original Original Orginial * Original Original Original Original Original Original First Revised* Original Original Original Original Original Second Revised * Second Revised * * signifies new or revised pages Issued: June 14, 2005 Effective: June 24 , 2005 Issued by:Charles Zwebner, President Yak Communications (America) Inc. 300 Consilium Place, Suite 500 Toronto , ON M 1 H 3G2 Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING JUN 24 2005KDWGP/BARKK/4193. Boise. Idaho Yak Communications (America) Inc.Idaho Public Utilities Commission Tariff No. Original Page No. SYMBO LS The following are the only symbols used for the purposes indicated below: (R) (I) (C) (T) (S) (N) (D) To signify a reduction in rate. To signify an increase in rate To signify a changed regulation To signify a change in text but no change in rate or regulation To signify reissued matter To signify a new rate or regulation To signify a discontinued rate or regulation '~aho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING AUG 8 - 2003 Boise. Idaho Issued: July 30, 2003 Issued by: KDWGP/BARKK/4193.1 Charles Zwebner, President Yak Communications (America) Inc. 610 - 55 Town Centre Court Scarborough, ON MIP 4X4 Effective: August 8, 2003 Yak Communications (America) Inc.Idaho Public Utilities Commission Tariff No. Original Page No. TARIFF FORMAT Page Numbering - Page numbers appear in the upper right corner of the page. Pages arenumbered sequentially. However, new pages occasionally are added to the tariff. When a newpage is added between pages already in effect, a decimal is added to the page number. Forexample, a new page added between pages 14 and 15 would be 14. Page Revision Numbers - Revision numbers also appear in the upper right corner of each page. These numbers are used to determine the most current page version on file with the Commission. For example, the 4th revised Page 14 cancels the 3rd revised Page 14. Because of varioussuspension periods, deferrals, etc. the Commission follows in its tariff approval process, the mostcurrent page number on file with the Commission is not always the tariff page in effect. Paragraph Numbering Sequence - There are nine levels of paragraph coding. Each level ofcoding is subservient to its next higher level: 1.1. 1.1.1 2. 1.1. LA. 2. 1. 1. l.A.(a). (a).I. (a).I.(i). 1.A.(a).I.(i).(1). Check Sheets - When a tariff filing is made with the Commission an updated check sheetaccompanies the tariff filing. The check sheet lists the pages contained in the tariff, with a crossreference to the current revision number. When new pages are added, the check sheet is changedto reflect the revision. All revisions made in a given filing are designated on the check sheet by an asterisk(*). There will be no other symbols used on the check sheet if these are the onlychanges made to it. The tariff user should refer to the latest check sheet to find out if a particular page is the most current on file with the Commission. Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FiliNG AUG 8 - 2003 Boise. Idaho Issued: July 30, 2003 Effective: August 8, 2003 Issued by:Charles Zwebner, President Yak Communications (America) Inc. 610 - 55 Town Centre Court Scarborough, ON MIP 4X4 KDWGP/BARKK/4193. Yak Communications (America) Inc.Idaho Public Utilities Commission Tariff No. Original Page No. SECTION 1. - DEFINITIONS Authorized User - Any person, firm, corporation or other entity accessing or utilizing the services furnished by the Company to the Customer. Billed Party - The person or entity responsible for payment of the Company s service. The Billed Party is the Customer associated with the Telephone Number used to place the call, with the following exceptions: in the case of a calling card or credit card call, the Billed Party is the holder of the calling card or credit card used by the User; and in the case of a collect or third party call, the Billed Party is the person responsible for the local telephone service at the telephone number that agrees to accept charges for the call. Call - A completed connection between the calling and the called station. (a) (b) Calling Station - The telephone number from which a call originates, Called Station - The telephone number called. Casual Calling (Dial-around)- Arrangement whereby long distance customer, not pre-subscribed to Company, dials a specified code (ie., 10-10-XXX) to access the Company s interexchange services on an ad hoc basis. Commission - Idaho Public Utilities Commission. Company - Yak Communications (America) Inc. Customer - A person, firm, corporation, partnership or other business entity, including affiliates or divisions of the Customer, responsible for payment of charges to the Company and compliance with all terms and conditions of this Tariff. Day - The period of time from 7:00 a.m. until (but not including) 7:00 p., Monday through Friday, as measured by local time at the location from which the call is originated. Dial-around calling - See Casual Calling. Evening - The period of time from 7:00 p.m. until (but not including) 11 :00 p.Sunday through Friday and any time during a Holiday, as measured by local time at the location from which the call is originated. Holiday New Year s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day. Issued: July 30, 2003 Effective: August 8, 2003 Issued by:Charles Zwebner, President Yak Communications (America) Inc. 610 - 55 Town Centre Court Scarborough, ON MIP 4X4 Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING AUG 8 - 2003KDWGP/BARKK/4193. 6ui;e, Idaho Yak Communications (America) Inc.Idaho Public Utilities Commission Tariff No. First Revised Page No. Cancels Original Page No. SECTION 1 - DEFINITIONS (Cont' Night/Weekend ("N/Wkd"- The period of time from 11 :00 p.m. until (but not including) 7:00 , Monday through Friday, any time on Saturday and all day Sunday, except 7:00 p.m. until (but not including) 11 :00 p., as measured by local time at the location from which the call is originated. Off-Peak Period - Except as otherwise agreed between Company and Customer, the hours from 7:00 pm until but not including 7:00 am. Peak Period - Except as otherwise agreed between Company and Customer, the hours from 7:00 am until but not including 7:00 pm. Presubscribed Customers Customers who have formally selected the Company as their interexchange services provider. The selection is programmed by the local exchange carrier so that these customers' long distance calls are routed automatically to the Company, without use of a special access code. Service Order - A written request for network services executed by the Customer and the Company in the format devised by the Company. The signing of a Service Order by the Customer and acceptance by the Company initiates the respective obligations of the parties as set forth therein and pursuant to this Tariff, but the duration of the service is calculated from the service commencement date. Tier B - One of the following Local Exchange Carriers: Verizon (GTE legacy areas), Cincinnati I(N)lBell, Frontier, Nevada Bell, Sprint and Sprint United. User - Customer or any Authorized User. Issued: June 14 , 2005 Issued by:Charles Zwebner, President Yak Communications (America) Inc. 300 Consilium Place, Suite 500 Toronto, ON M1H 3G2 Effective: June 24, 2005 Idaho Public Utilities Commission Offiee of the Secretary ACCEPTED FOR FI LING JUN 24 2005 KDWGP/BARKK/4193. Boise, Idaho Yak Communications (America) Inc.Idaho Public Utilities Commission Tariff No. Original Page No. SECTION 2. - TERMS AND CONDITIONS Application of Tariff 1.2 This Tariff contains the regulations and rates applicable to resold intrastate long distance services provided by the Company to Customers throughout the State of Idaho. Services are provided pursuant to the general terms and conditions of this Tariff, except as otherwise negotiated between a Customer and the Company. Additionally, services are furnished subject to the availability of facilities and the terms and conditions of this Tariff. The rates and regulations contained in this Tariff apply only to the services furnished by the Company and do not apply, unless otherwise specified, to the lines, facilities, or services provided by a local exchange telephone company or other Common Carrier for use in accessing the services of the Company. Severability In the event that anyone or more of the provisions contained in this Tariff shall for any reason be held to be invalid, illegal or unenforceable in any respect under the laws of the jurisdiction governing the entire Tariff, such invalidity, illegality or unenforceability shall not affect any other provision of this Tariff, and this Tariff shall be construed as if such invalid, illegal or unenforceable provision or provisions had never been contained herein. Shortaee of Equipment or Facilities 2.3 .1 2.3. The Company reserves the right to limit or to allocate the use of existing facilities, or of additional facilities offered by the Company, when necessary because of lack of facilities or due to some other cause beyond the Company s control. The furnishing of service under this Tariff is subject to the availability on a continuing basis of all the necessary facilities and is limited to the capacity of the Company facilities as well as facilities the Company may obtain from other carriers to furnish service from time to time as required at the sole discretion of the Company. Iclaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING AUG 8 - 2003 Boise, Idaho Issued: July 30, 2003 Effective: August 8, 2003 KDWGP/BARKK/4193.1 Issued by:Charles Zwebner, President Yak Communications (America) Inc. 610 - 55 Town Centre Court Scarborough, ON MIP 4X4 Yak Communications (America) Inc.Idaho Public Utilities Commission Tariff No. Original Page No.1 0 2.4 SECTION 2 - TERMS AND CONDITIONS (Cont' Use and A vailabilitv of Service 2.4. 2.4. 2.4.3 2.4.4 2.4. 2.4. 2.4. 2.4. 2.4. 2.4. Service shall not be used for any unlawful purpose, nor used in such a manner as to interfere unreasonably with the use of service by any other Users. The use of the Company s services without payment for service or attempting to avoid payment for service by fraudulent means or devices, false or invalid numbers, or false calling or credit cards is prohibited. The Company does not transmit messages pursuant to this Tariff, but its services may be used for that purpose. The Company s services may be denied for nonpayment of charges or for other violations of the terms and conditions set forth in this Tariff. The Company reserves the right to refuse service to individuals under the age of 18 and may require proof of age prior to initiating service. The use of the Company s services to make calls which might reasonably be expected to frighten, abuse, torment, or harass another is prohibited. Service temporarily may be refused or limited because of system capacity limitations and is subject to transmission limitations caused by natural (including atmospheric geographic or topographic) or artificial conditions adversely affecting transmission. Service to any or all Customers may be temporarily interrupted or curtailed due to equipment modifications, upgrades, relocations, repairs and similar activities necessary for proper or improved operations. Customers may be required to enter into written Service Orders which shall contain or reference a specific description of the service ordered, the rates to be charged, the duration of the services, and the terms and conditions in the Tariff. Customers also will be required to execute any other documents as may be reasonably requested by the Company. Except as otherwise agreed between the Company and Customer, at the expiration of the initial term specified in a Service Order, or in any extension thereof, service shall continue on a month to month basis at the then current rates unless terminated by either party upon 30 days' written notice. Any termination shall not relieve Customer of its obligation to pay any charges incurred under the service order and this Tariff prior to termination. The rights and obligations which by their nature extend beyond the termination of the term of the Service Order shall survive such termination. Issued: July 30, 2003 KDWGP/BARKK/4193. Issued by: Effective: August 8, 2003 Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING AUG 8.2003 Charles Zwebner, President Yak Communications (America) Inc. 610 - 55 Town Centre Court Scarborough, ON MIP 4X4 Boise, Idaho ' ~"""'" Yak Communications (America) Inc.Idaho Public Utilities Commission Tariff No. Original Page No. SECTION 2 - TERMS AND CONDITIONS (Cont' Liability of ~he Company 5.2 5.3 5.4 Because the Company has no control of communications content transmitted over its system, and because of the possibility of errors incident to the provision and use of itsservice, service furnished by the Company is subject to the terms, conditions and limitations herein specified. The Company shall not be liable for any delay or failure of performance or equipment as a result of causes beyond its control, including but not limited to: (a) delays caused by the other party or (b) acts of God, fire, flood, explosion or other catastrophes; any law, order regulation, direction, action, or request of the United States Government, or of any other government, including state and local governments having or claiming jurisdiction over the Company, or of any department, agency, commission, bureau, corporation, court or other instrumentality of anyone or more of these federal, state, or local governments, or of any civil or military authority; national emergencies; insurrections; riots; wars;unavailability of rights-of-way or materials; strikes, lockouts, work stoppages, or otherlabor difficulties; and (c) third party nonperformance (including the failure of performance for reasons beyond the control of common carriers, interexchange carrierslocal exchange carriers, suppliers and subcontractors), or other cause beyond its reasonable control, including failures or fluctuations in electrical equipment, and suchnonperformance shall not be deemed a violation of this Tariff or of the application forservice or grounds for termination of service. Both parties retain all rights of recourse against any third parties for any failures which may create a force majeure condition for the other party. The Company shall not be liable for (a) any act or omission of any entity furnishing to the Company or to the Company s Customer facilities or equipment used forinterconnection with network services; or (b) for the acts or omissions of commoncarriers or warehousemen even if the Company has acted as the Customer s agent inarranging such facilities or services. No agents or employees of other participatingcarriers shall be deemed to be agents or employees of the Company without written authorization. The Company shall not be liable for any damages or losses resulting from or caused by ( a) the act, omission, fault or negligence of the Customer; (b) the failure or malfunction of Customer-provided equipment or facilities; or (c) claims against the Customer by any other party. The liability of the Company for errors in billing that result in overpayment by the Customer shall be limited, unless otherwise ordered by the Commission, to a credit equal to the dollar amount erroneously billed or, in the event that payment has been made and service has been discontinued, to a refund of the amount erroneously billed. Issued: July 30, 2003 KDWGP/BARKK/4193. Issued by: Effective: August 8, 2003 '-'aha Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING AUG 8 - 2003 Charles Zwebner, President Yak Communications (America) Inc. 610 - 55 Town Centre Court Scarborough, ON MIP 4X4 Boise, Idaho .. ' Yak Communications (America) Inc.Idaho Public Utilities Commission Tariff No. Original Page No. 17 Oblieations of the Customer SECTION 2 - TERMS AND CONDITIONS (Cont' 10.1 The Customer shall be responsible for: (a)placing any necessary orders, complying with Tariff regulations and assuring that Users comply with Tariff regulations. The Customer shall ensure compliance with any applicable laws, regulations, orders or other requirements of any governmental entity relating to services provided by the Company to the Customer or made available by the Customer to another User. The Customer also is responsible for the payment of charges for all Calls originated at the Customer s numbers which are not collect, third party, calling card, or credit card calls. (b)taking all necessary legal steps for interconnecting Customer-provided terminal equipment or communications systems with Company s facilities or services. Customer shall ensure that the equipment and/or system is properly interfaced with Company s facilities or services; that the signals emitted into Company- provided network facilities are of the mode, bandwidth, power, signal level or other technical parameters for the intended use of the Customer and compliance with the criteria set forth in this Tariff, and that the signals do not damage equipment, injure personnel or degrade service to other Customers. If Customer fails to maintain the equipment and/or system properly, with resulting imminent harm to Company s personnel or quality of service to other Customers Company may, upon written notice, require the use of protective equipment at the Customer s expense. If this fails to produce satisfactory quality and safety, Company may, upon written notice, terminate the Customer s service, (c)payment of all charges incurred to the Calling Station regardless of which party terminates the service. The Customer shall reimburse the Company for all costs expenses and fees incurred by the Company in collecting such charges. (d)charges incurred for special construction and/or special facilities which the Customer requests and which are ordered by the Company on the Customer behalf. (e)damage to or loss of the Company s facilities or equipment caused by the acts or omissions of the Customer; or the Customer s officers, employees, agents or contractors, or the noncompliance by the Customer with these regulations; or by fire or theft or other casualty on the Customer Premises, unless caused by the gross negligence or willful misconduct of the employees or agents of the Company; Issued: July , 2003 KDWGP/BARKK/4193.1 Issued by: Effective: August 8 2003 Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING AUG 8 2003 Charles Zwebner, President Yak Communications (America) Inc. 610 - 55 Town Centre Court Scarborough, ON MIP 4X4 Boise. Idaho . " Yak Communications (America) Inc.Idaho Public Utilities Commission Tariff No. Original Page No. 18 SECTION 2 - TERMS AND CONDITIONS (Cont' Obligations of the Customer (Cont' (h) (i) 10.2 (f)providing at no charge, as specified from time to time by the Company, any needed personnel, equipment, space and power to operate Company facilities and equipment installed on the premises of the Customer Premises, and the level ofheating and air conditioning necessary to maintain the proper operating environment on such premises; (g) obtaining, maintaining, and otherwise having full responsibility for all rights-of- way and conduits necessary for installation of fiber optic cable and associatedequipment used to provide services to the Customer from the cable building entrance or property line to the location of the equipment space described in 10.1(f). Any costs associated with obtaining and maintaining the rights-of- way described herein, including the costs of altering the structure to permit installation of the Company-provided facilities, shall be borne entirely by, or may be charged by the Company to, the Customer; arranging access to its Premises at times mutually agreeable to the Company and the Customer when required for Company personnel to install, repair, maintain program, inspect or remove equipment associated with the provision of the Company s services. not creating or allowing any liens or other encumbrances to be placed on the Company s equipment or facilities. The Customer agrees, except where the events, incidents or eventualities set forth in this sentence are the result of the Company s gross negligence or willful misconduct, torelease, indemnify and hold harmless the Company against any and all loss, claimsdemands, suits or other action or any liability whatsoever, whether suffered, madeinstituted or asserted by the Customer or by any other party or person, for any personalinjury to or death of any person or persons, or for any loss of or damage to any property, whether owned by the Customer or others. The Customer shall reimburse the Company for all costs, expenses and fees incurred by the Company in its defense against such actions. 10.3 All accounts will be subject initially, on a nondiscriminatory basis, to a $40/month limitor "cap" on usage charges. Customers reaching this limit, upon their next use of the Company s service, will be connected to Company s Call Centre. Customers will be granted an increase of the capped amount upon satisfaction of the Company s creditcriteria. The amount of the increase will be determined based upon Customer s historic usage of the Company s services as well as Customer s creditworthiness. Issued: July 30, 2003 KDWGP/BARKK/4193. Issued by: Effective: August 8, 2003 Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING Charles Zwebner, President Yak Communications (America) Inc. 610 - 55 Town Centre Court Scarborough, ON MIP 4X4 AUG 8 2003 Boise, Idaho Yak Communications (America) Inc.Idaho Public Utilities Commission Tariff No. Original Page No. 18. SECTION 2 - TERMS AND CONDITIONS (Coot'd) Obligations of the Customer (Coot' d) 10.4 Yak Travel Card is a telephone calling card issued by the Company at the Customer s request, which enables the Customer or user(s) authorized by the Customer to place calls over the Network and to have the charges for such calls billed to the Customer s account. An accepted credit card is any credit card that a cardholder has requested or applied for and received, or has signed, used, or authorized another person to use to obtain credit. Any credit card issued as a renewal or substitute in accordance with this paragraph is an accepted credit card when received by the cardholder. The Customer must give the Company written or oral notice that an unauthorized use of a Company calling card or an accepted credit card has occurred or may occur as a result of loss, and/or theft. The Customer is responsible for payment of all charges for calling card services furnished to the Customer or to users authorized by the Customer to use service provided under this tariff, unless due to the negligence of the Company. This responsibility is not changed due to any use, misuse, or abuse of the Customer service or Customer-provided equipment by third parties, the Customer employees, or the public. The liability of the Customer for unauthorized use of the Network by credit card fraud will not exceed the lesser of fifty dollars ($50.00) or the amount of money, property, labor, or services obtained by the unauthorized user before notification to the Company. Issued: June 14 2005 Issued by:Charles Zwebner, President Yak Communications (America) Inc. 300 Consilium Place, Suite 500 Toronto, ON MIH 3G2 Effective: June 24, 2005 Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING JUN 24 2005 KDWGP/BARKK/4193. Boise, Idaho Yak Communications (America) Inc.Idaho Public Utilities Commission Tariff No. Original Page No. Claims SECTION 2 - TERMS AND CONDITIONS (Cont' 11.1 With respect to any service or facility provided by the Company, Customer shall indemnify, defend and hold harmless the Company from and against all claims, actionsdamages, liabilities, costs and expenses related to, arising from or for: (c) (d) (a)any loss, destruction or damage to property of the Company or any third party, or the death or injury to persons, including, but not limited to, employees or inviteesof either party, to the extent caused by or resulting from thenegligent or intentional act or omission of the Customer, its employees, agents representatives or invitees; (b)any claim, loss, damage, expense or liability for infringement of any copyright patent, trade secret, or any proprietary or intellectual property right of any third party, arising from any act or omission by the Customer, including, without limitation, use of the Company services and facilities in a manner not contemplated by the agreement between Customer and Company; providing a safe place to work and complying with all laws and regulations regarding the working conditions on the premises at which Company employees and agents shall be installing or maintaining the Company facilities and equipment. The Customer may be required to install and maintain Company facilities and equipment within a hazardous area if, in the Company s opinioninjury or damage to the Company employees or property might result from installation or maintenance by the Company. The Customer shall be responsible for identifying, monitoring, removing and disposing of any hazardous material (e.g. friable asbestos) prior to any construction or installation work; or complying with all laws and regulations applicable to, and obtaining all consents approvals, licenses and permits as may be required with respect to, the location of Company facilities and equipment in any Customer premises or the rights-of- way for which Customer is responsible under section 2.10.1(g); and granting or obtaining permission for Company agents or employees to enter the premises the Customer at any time for the purpose of installing, inspecting, maintaining, repairing, or upon termination of service as stated herein, removing the facilities or equipment of the Company. Issued: July 30, 2003 KDWGP/BARKK/4193.1 Issued by: Effective: August 8, 2003 Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING AUG 8 - 2003 Charles Zwebner, President Yak Communications (America) Inc. 610 - 55 Town Centre Court Scarborough, ON MIP 4X4 Boise, Idaho Yak Communications (America) Inc.Idaho Public Utilities Commission Tariff No. Original Page No. SECTION 2 - TERMS AND CONDITIONS (Cont' Customer Equipment and Channels 2.12.1 A Customer may transmit or receive information or signals via the facilities of the Company. 12.Customer terminal equipment on the Customer Premises, and the electric powerconsumed by such equipment shall be provided by and maintained at the expense of theCustomer. 12.The Customer is responsible for ensuring that Customer-provided equipment connected to Company equipment and facilities is compatible with such equipment and facilities. The magnitude and character of the voltages and currents impressed on Company-provided equipment and wiring by the connection, operation, or maintenance of such equipment and wiring shall be such as not to cause damage to the Company-providedequipment and wiring or injury to the Company s employees or to other persons. Any additional protective equipment required to prevent such damage or injury shall provided by the Company at the Customer s expense. 12.4 Any special interface equipment necessary to achieve compatibility between the facilities and equipment of the Company used for furnishing services and the channels, facilities or equipment of others shall be provided at the Customer s expense. 12.5 The Company services may be connected to the services or facilities of other communications carriers only when authorized by, and in accordance with, the terms and conditions of the tariffs of the other communications carriers which are applicable to such connections. Inspections 2.13.Upon suitable notification to the Customer, and at a reasonable time, the Company maymake such tests and inspections as may be necessary to determine that theCustomer is complying with the requirements set forth in section 2.12.3 for theinstallation, operation, and maintenance of Customer-provided facilities, equipment and wiring in the connection of Customer-provided facilities and equipment to Company- owned facilities and equipment. Issued: July , 2003 Issued by:Charles Zwebner, President Yak Communications (America) Inc. 610 - 55 Town Centre Court Scarborough, ON MIP 4X4 Effective: August 8 2003 Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING I\UG 8 - 2003KDWGP/BARKK/4193. L....,:.e. Idaho Yak Communications (America) Inc.Idaho Public Utilities Commission Tariff No. Original Page No. 21 SECTION 2 - TERMS AND CONDITIONS (Cont' Inspections (Cont' 13.If the protective requirements for Customer provided equipment are not being complied with, the Company may take such action as it deems necessary to protect its facilities equipment, and personnel. The Company will notify the Customer promptly if there is any need for further corrective action. Within ten days of receiving this notice, the Customer must take this corrective action and notify the Company of the action taken. the Customer fails to do this, the Company may take whatever additional action is deemed necessary, including the suspension of service, to protect its facilities, equipment and personnel from harm. Payment Arraneements The Customer is responsible for the payment of all charges for facilities and services furnished by the Company to the Customer. 14.1 Taxes The Customer is responsible for the payment of any sales, use, gross receipts, excise acces~ or other local, state and federal taxes, charges or surcharges (however designated) (excluding taxes on the Company s net income) imposed on or based upon the provision sale or use of services. 14.Billing and Collection of Charges Except as otherwise negotiated between the Company and a Customer, the following terms and conditions shall apply: 2.14.2.1 The Customer is responsible for payment of all charges incurred by the Customer or by other users, with or without appropriate authorization from the Customer, for services and facilities furnished to the Customer by the Company. The Customer shall not be excused from paying the Company for such services on the basis that the use of the service was unauthorized. 14.The Company shall present invoices to the Customer monthly for Usage Charges and any applicable Recurring Charges, and these charges shall be due and payable within 30 days after the invoice is mailed. In its sole discretion the Company may arrange to invoice through a Customer s local exchange carrier, pursuant to the latter s billing cycle. Issued: July 30, 2003 Issued by:Charles Zwebner, President Yak Communications (America) Inc. 610 - 55 Town Centre Court Scarborough, ON MIP 4X4 Effective: August 8, 2003 I~aho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING . .. , AU G 8 - 2003KDWGP/BARKK/4193. Boise. Idaho ..:.:;:. ' Yak Communications (America) Inc.Idaho Public Utilities Commission Tariff No. Original Page No. 22 SECTION 2 - TERMS AND CONDITIONS (Cont' Payment Arrangements (Cont' 14.Billing and Collection of Charges (Cont' 14.If any portion of the payment due for undisputed charges is not received by the Company on or before the date due, or if any portion of the payment is received by the Company in funds which are not immediately available, then the Customer s account shall be delinquent, and a late payment penalty shall be due to the Company. The due date shall be no earlier than thirty (30) days after the invoice is mailed. The late payment penalty shall be the portion of the payment not received by the date due, multiplied by a late factor. The late factor shall be the lesser of (a) 1.5% of the total monthly bill; or (b) the highest interest rate which may be applied under applicable state law for commercial transactions. 14.2.4 Billing of Presubscribed Customers In addition to the preceding requirements of this Section 2.14., the following terms and conditions shall apply to pre subscribed Customers: 14.2.4.Service is provided on the basis of a minimum period of at least one month, 24-hours per day. For the purpose of computing charges in this Tariff, a month is considered to have 30 days. 2. 14.2.4. 2. 14.2.4. When service does not begin on the first day of the month, or end on the last day of the month, the charge for the fraction of the month in which service was furnished will be calculated on a pro rata basis. For this purpose, every month is considered to have 30 days. Billing of the Customer by the Company will begin on the service commencement date, which is the first day following the date on which the Company notifies the Customer that the service or facility is available for use, except that the service commencement date may be postponed by mutual agreement of the parties, or if the service or facility does not conform to standards set forth in this Tariff or the Service Order. Billing accrues through and includes the day that the service, circuit arrangement or component is discontinued. Issued: July 30, 2003 Effective: August 8, 2003 Issued by: KDWGP/BARKK/4193. Charles Zwebner, President Yak Communications (America) Inc. 610 - 55 Town Centre Court Scarborough, ON MIP 4X4 Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING AUG 8 - 2003 DQi~e, Idaho Yak Communications (America) Inc.Idaho Public Utilities Commission Tariff No. Original Page No. 23 SECTION 2 - TERMS AND CONDITIONS (Cont' Payment Arrangements (Cont' d) 14.3 Deposits & Advance Payments The Company will not collect deposits or advance payments from its Customers. 14.4 Discontinuance of Service The Company may discontinue service or cancel an application for service, with ten days ' written notice and without incurring any liability, for any of the following reasons: 14.4. 14.4. 14.4.3 14.4.4 14.4. 14.4. 14.4. 14.4. Failure of the Customer to pay a non-disputed delinquent account; Failure of the Customer to make satisfactory arrangements to pay arrearages or meet the requirements of a payment agreement; Failure of the Customer to permit the Company to have reasonable access to its equipment, facilities, service connections or other property; Failure of the Customer to provide the Company with adequate assurances that an unauthorized use or practice will cease; Customer violation of any regulation governing the service under this Tariff or a violation of any law, rule, or regulation of any government authority having jurisdiction over the service; Customer fraud or material misrepresentation of identity for purpose of obtaining telephone service; Failure of the Customer to adhere to contractual obligations with the Company; or Where the Company is prohibited from furnishing services by order of a court or other government authority having jurisdiction. Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING AUG 8 - 2003 Boise, Idaho Issued: July 30, 2003 Effective: August 8, 2003 KDWGP/BARKK/4193. Issued by:Charles Zwebner, President Yak Communications (America) Inc. 610 - 55 Town Centre Court Scarborough, ON MIP 4X4 Yak Communications (America) Inc.Idaho Public Utilities Commission Tariff No. Original Page No. 24 SECTION 2 - TERMS AND CONDITIONS (Cont' Payment Arrangements (Cont' 14.4 Discontinuance of Service (Cont'd. The Company may terminate service without notice to the Customer for any of the following occurrences: 14.4.Customer s maintenance or operation of its equipment in such a manner as to adversely affect the Company s equipment or service to others; 14.4.10 Customer non-compliance with any provision of this Tariff which results in threatening the safety of a person or the integrity of the service delivery system of the Company; 14.4.11 The existence of a condition on the Customer s premises determined by the Company to be hazardous; 14.4.12 Customer tampering with the Company s equipment or service; 2.14.4.13 Customer unauthorized or illegal use of the Company servIce or equipment. The Company may refuse to provide dial-around or "casual calling services to Customers based upon nonpayment of charges for services previously provided and/or Customer non-compliance with or violation of (a) any of the terms and conditions of this Tariff or (b) applicable state and federal regulations governing the services provided under this Tariff. Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING AUG 8 - 2003 Boise, Idaho Issued: July 30, 2003 Effective: August 8, 2003 Issued by:Charles Zwebner, President Yak Communications (America) Inc. 610 - 55 Town Centre Court Scarborough, ON MIP 4X4 KDWGP/BARKK/4193. Yak Communications (America) Inc.Idaho Public Utilities Commission Tariff No. First Revised Page No. 25 Cancels Original Page No. 25 SECTION 2 - TERMS AND CONDITIONS (Cont'd) Payment Arrangements (Cont' 14.Cancellation of Application for Service Applications for service may be cancelled, prior to commencement of services, subject to the following conditions: 14.Where , prior to receiving notice of cancellation, the Company incurs any expense installing or preparing to install the service or in connection with special construction, or where special arrangements of facilities or equipment have begun, a charge equal to the costs incurred, less net salvage, applies. In such cases, the charge will be based on such elements as the cost of the equipment, facilities, and material, the cost of installation, engineering, labor and supervision, general and administrative expense, other disbursements depreciation, maintenance, taxes, provision for return on investment, and any other costs associated with the special construction or arrangements. 14.In no case shall the charges exceed the sum of (a) the charge for the minimum period of service ordered, including installation charges, and (b) all charges levied by other parties against the Company that would have been chargeable to the Customer had service begun. 14.Cancellation of Service Order Service Orders upon which delivery has commenced may not be cancelled except as specified in the applicable Service Order and subject to the cancellation payment identified for the contracted minimum call volume. 14.Changes in Service Requested If the Customer makes or requests material changes in circuit engineering, equipment specifications service parameters, premises locations or otherwise materially modifies any provision of the application for service, the Customer s installation fee shall be adjusted accordingly. 14.Credit Card Payments At the Customer s option, payments may be made by credit card when the Customer has opted to receive electronic paperless billing. Payments may be rendered on a per bill basis or Customers may choose an automatic debit method, whereby the amount due is automatically debited from the Customer s credit card 22 days from date of the invoice. Customers who request a Yak Travel Card without provisioning any of Company s other services are required to pay with a credit card. (N) (N) Issued: June 14, 2005 Issued by:Charles Zwebner, President Yak Communications (America) Inc. 300 Consilium Place, Suite 500 Toronto, ON MIH 3G2 Effective: June 24, 2005 Idflh~ Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING JUN 2 4 2005 KDWGP/BARKK/4193. Boise, Idaho Yak Communications (America) Inc.Idaho Public Utilities Commission Tariff No. Original Page No. 26 SECTION 2 - TERMS AND CONDITIONS (Cont' Disputed Charees 15.1 All bills are presumed accurate, and shall be binding on the Customer unless objection is received by the Company within thirty days. A disputed charge may be brought to the Company s attention by verbal or written notification. All charges remain due and payable at the due date, although the Customer is not required to pay any disputed charges during the time period in which the Company conducts its investigation into the charges. The undisputed portion and subsequent bills must be paid on a timely basis, or the service may be subject to disconnection. In the event that a billing dispute between the Customer and the Company for service furnished to the Customer cannot be settled with mutual satisfaction, the Customer may take the following course of action: 15.1.1 The Customer may request, and the Company will provide, an in-depth review of the disputed amount. During the period that the disputed amount is under investigation, the Company shall not pursue any collection proceedings or assess late fees with regard to the disputed amount. 15.1.2 If there is still a disagreement about the disputed amount after investigation and review by the Company, the Customer may file an appropriate complaint with the Public Utility Commission. The address of the Commission is: POBox 83720 Boise, ID 83720-0074 472 W Washington Boise, ill 83702 (208) 334-0300 TDD: (208) 334-3151 FAX: (208) 334-3762 15.Billing inquiries may be directed to the Company toll free at (866) 925-2355. Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING AUG 8 - 2003 Boise. Idaho Issued: July 30, 2003 Effective: August 8, 2003 Issued by:Charles Zwebner, President Yak Communications (America) Inc. 610 - 55 Town Centre Court Scarborough, ON MIP 4X4 KDWGP/BARKK/4193. Yak Communications (America) Inc.Idaho Public Utilities Commission Tariff No. Original Page No. 27 SECTION 2 - TERMS AND CONDITIONS (Co nt' d) Allowances for Interruptions in Service 16.Interruptions in service, which are not due to the negligence of, or noncompliance with the provisions of this Tariff by, the Customer or the operation or malfunction of the facilities, power or equipment provided by the Customer, will be credited to the Customer as set forth in this Section 2.16. for the part of the service that the interruption affects. 16.Credit for Interruptions 16.2.1 16. 2.16.2.3 16.2.4 A credit allowance will be made when an interruption occurs because of a failure of any component furnished by the Company under this Tariff. interruption period begins when the Customer reports a service, facility or circuit to be interrupted and releases it for testing and repair. An interruption period ends when the service, facility or circuit is operative. If the Customer reports a service, facility or circuit to be inoperative but declines to release it for testing and repair, it is considered to be impaired, but not interrupted. No credit allowance will be made for a service facility or circuit considered by the Company to be impaired. F or calculating credit allowances, every month is considered to have 30 days. A credit allowance is applied on a pro rata basis against the rate applicable to the service and is dependent upon the length of the interruption. Only those facilities on the interrupted portion of the circuit will receive a credit. At the Customer s request, a credit allowance for a continuous interruption of service for more than twenty-four (24) hours will be made in an amount to be determined by the Company on a case-by-case basis. In the event a pre subscribed Customer is affected by such interruption for a continuous period of less than twenty-four (24) hours, no adjustments will be made. Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING AUG 8.2003 Boise, Idaho Issued: July 30, 2003 Effective: August 8, 2003 KDWGP/BARKK/4193. Issued by:Charles Zwebner, President Yak Communications (America) Inc. 610 - 55 Town Centre Court Scarborough, ON MIP 4X4 Yak Communications (America) Inc.Idaho Public Utilities Commission Tariff No. Original Page No. 28 SECTION 2 - TERMS AND CONDITIONS (Cont' Allowances for Interruptions in Service (Cont' 16.3 Limitations on Allowances No credit allowance will be made for: (a) (b) (c) (d) (e) interruptions due to the negligence of, or noncompliance with the provisions of this Tariff by, the Customer, authorized user, joint user, or other common carrier providing service connected to the service of the Company; interruptions due to the negligence of any person other than the Company, including but not limited to the Customer or other common carriers connected to the Company s facilities; interruptions due to the failure of power, equipment, systems or services not provided by the Company; interruptions of service during any period in which the Company is not given full and free access to its facilities and equipment for the purpose of investigating and correcting interruptions; interruptions of service during a period in which the Customer continues to use the service on an impaired basis; (f)interruptions of service during any period when the Customer has released service to the Company for maintenance purposes or for implementation of a Customer order for a change in service arrangements; and (g) interruption of service due to circumstances or causes beyond the control of Company. (h)interruptions that occur or continue to occur due to the Customer s failure to authorize replacement of any element of special construction; and (i)interruptions that were not reported to the Company within thirty (30) days of the date that service was affected. 16.4 In addition to any credits for service interruptions issued pursuant to the provisions of this section 2., the Company may issue credits to Customers reporting other service problems. Issued: July 30, 2003 KDWGP/BARKK/4193. Issued by: Effective: August 8, 2003 Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING AUG 8,~ 2003 Charles Zwebner, President Yak Communications (America) Inc. 610 - 55 Town Centre Court Scarborough, ON MIP 4X4 Boise, Idaho Yak Communications (America) Inc.Idaho Public Utilities Commission Tariff No. Original Page No. 29 SECTION 2 - TERMS AND CONDITIONS (Co nt' d) Transfers and Assie:nments Neither the Company nor the Customer may assign or transfer its rights or duties in connection with the services and facilities provided by the Company without the written consent of the other party, except that the Company may, after receiving any required approvals from the Public Service Commission, assign its rights and duties (a) to any subsidiary, parent company or affiliate of the Company, (b) pursuant to any sale or transfer of the assets of the Company, or (c) pursuant to any financing, merger or reorganization of the Company. Notices and Communications 18.1 The Customer shall designate on the Service Order an address to which the Companyshall mail or deliver all notices and other communications, except that Customer may also designate a separate address to which the Company s bills for service shall mailed. 18.2 The Company shall designate on the Service Order an address to which the Customer shall mail or deliver all notices and other communications, except that Company may designate a separate address on each bill for service to which the Customer shall mailpayment on that bill. 18.3 All notices or other communications required to be given pursuant to this Tariff will be in writing. Notices and other communications of either party, and all bills mailed by the Company, shall be presumed to have been delivered to the other party on the third business day following placement of the notice, communication or bill with the U.S. Mail or a private delivery service, prepaid and properly addressed, or when actually received or refused by the addressee, whichever occurs first. 18.4 The Company or the Customer shall advise the other party of any changes to the addresses designated for notices, other communications or billing, by following the procedures for giving notice set forth herein. Temporary Promotional Proe:rams 2.19.1 The Company may establish temporary promotional programs wherein it may waive or reduce non-recurring or recurring charges, to introduce present or potential Customers to a service not previously received by the Customers. Insofar as required by Commission regulations, the Company will file notice of its proposed promotions with the Commission. Issued: July 30, 2003 Issued by:Charles Zwebner, President Yak Communications (America) Inc. 610 - 55 Town Centre Court Scarborough, ON MIP 4X4 Effective: August 8, 2003 Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING AUG 8 - 2003KDWGP/BARKK/4193. Boise. Idaho Yak Communications (America) Inc.Idaho Public Utilities Commission Tariff No. Original Page No. 30 SECTION 3. - EXPLANATION OF RATES The regulations set forth in this section explain how to apply the rate table associated with the various services offerings described in Section 4. Timine of Calls 1.1 Billing for calls placed over the Company s underlying carrier s network is based on the duration of the call. Timing begins when the called station is answered, as determined by standard industry methods generally in use for ascertaining answers, including answer supervision hardware by which the local telephone company sends a signal to the switch or the software utilizing audio tone detection. Timing ends when either party hangs up. Computation of Charees Calls will be billed in increments consisting of an initial period followed by additional periods (which may be of the same duration as or different duration than the initial period) as specified within the applicable service description set forth in Section 4 below. Credit for Incomplete Calls and Wrone Numbers The Company will not knowingly charge for incomplete calls or wrong numbers. Upon the Customer s request and proper verification, the Company shall promptly adjust and credit the Customer s account for charges or payment for any such calls. Issued: July 30, 2003 Issued by:Charles Zwebner, President Yak Communications (America) Inc. 610 - 55 Town Centre Court Scarborough, ON MIP 4X4 Effective: August 8, 2003 Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING AUG 8,~ 2003KDWGP/BARKK/4193. Boise. Idaho Yak Communications (America) Inc.Idaho Public Utilities Conm1ission Tariff No. Second Revised Page No. 31 Cancels First Revised Page No. 31 SECTION 4. - DESCRIPTIONS OF SERVICES The following services are provided to Customers subject to the terms and conditions of this Tariff: 1 + Long Distance 1 + Long Distance Service is a dedicated or switched long distance message telecommunications service provided between points located within the State. Except as otherwise stated, 1+ Long Distance calls are billed in six second increments. There is a separate rate charged in areas served by local exchange carriers defined as 'Tier B' Casual Calling Long Distance Casual Calling is a long distance service which a customer, not pre-subscribed to the Company, may obtain by dialing a specified code (l0-10-XXX) to access the Company s interexchange services on an ad hoc basis. Except as otherwise stated, these calls are billed in one-minute increments. Toll Free Long Distance (Reserved for Future Use. 4.4 Loonev Call Looney Call is a program by which Customers may, by dialing a specified code (l 0-1 0- XXX), and receive a call, up to thirty (30) minutes in length for one dollar ($1). Any additional minutes over 30 will be charged at the Company s normal rate of five cents ($0.05) per minute. Yak Travel Card (N) The Yak Travel Card enables the Customer to use the Company s service by dialing a Company- provided access number. Calls are billed in one minute increments after an initial billing increment of one minute. Fractional cents will be rounded up to the next higher penny. Invoice Generation Fee The Company charges an administrative fee surcharge per invoice for dial-around services. This amount is $0.99 per invoice per month. 1 + Paper Billing Fee The Company will charge $1.99 for each paper bill generated where the amount due is less than $15.00 in a given month. This fee applies to presubscribed Customers only. The Company also offers electronic paperless billing, at the Customer s option at no charge, regardless of the amount due.(N) Issued: June 14, 2005 Issued by:Charles Zwebner, President Yak Communications (America) Inc. 300 Consilium Place, Suite 500 Toronto, ON MIH 302 Effective: June 24, 2005 Idaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING JUN 2 4 2005KDWGP/BARKK/4193. Boise, Idaho Yak Communications (America) Inc.Idaho Public Utilities Commission Tariff No. Second Revised Page No. 32 Cancels First Revised Page No. 32 1 + Lon Distance Per minute Per minute - Tier B Casual Callin Per minute Toll Free Service (Reserved for Future Use. 5.4 Loone Call Initial 30 minutes Each additional minute 5.5 Yak Travel Card Per minute Invoice Generation Fee Per invoice, as applicable 1 + er Billin Fee Per invoice, as applicable SECTION 5. - RATE SCHEDULES $0. $0. $0. $1.00 $0. $0. $0. $1. (I) (N) (N) Issued: June 14, 2005 Issued by: KDWGP/BARKK/4193. Charles Zwebner, President Yak Communications (America) Inc. 300 Consilium Place, Suite 500 Toronto, ON MIH 3G2 Effective: June 24 , 2005 fdaho Public Utilities Commission Office of the Secretary ACCEPTED FOR FILING JUN 24 ZO05 Boise, Idaho