20080414Model Tariff.pdf

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MODEL TARIFF
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APPLICA nON and REQUEST FOR MODIFIED PROCEDURE - 12
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Zial Networks Inc.Idaho Price List No. 1
Original Page 1
TARIF SCHEDULE OF
GENERAL REGULATIONS
APPLYING TO THE INTRASTATE INTEREXCHANGE AND COMPETITIVE LOCAL
EXCHANGE TELEPHONE SERVICES
PROVIDED WITHIN THE STATE OF IDAHO
BY
ZIAL NETWORKS INC.
Issued:Effective:
Issued By:Chris Adams, President
6055 Corporal Lane
Boise, ID 83704
Zial Networks Inc.Idaho Price List No. 1
Original Page 2
CHECK SHEET
Current sheets in the price list are as follows:
Page Revision Page Revision
1 Original 31 Original
2 Original 32 Original
3 Original 33 Original
4 Original 34 Original
5 Original 35 Original
6 Original 36 Original
7 Original 37 Original
8 Original 38 Original
9 Original 39 Original
10 Original 40 Original
11 Original 41 Original
12 Original 42 Original
13 Original 43 Original
14 Original 44 Original
15 Original 45 Original
16 Original 46 Original
17 Original 47 Original
18 Original 48 Original
19 Original 49 Original
20 Original 50 Original
21 Original 51 Original
22 Original 52 Original
23 Original 53 Original
24 Original 54 Original
25 Original 55 Original
26 Original 56 Original
Issued:Effective:
Issued By:Chrs Adams, President
6055 Corporal Lane
Boise, ID 83704
Zial Networks Inc.Idaho Price List No. 1
Original Page 3
TABLE OF CONTENTS
APPLICATION OF PRICE LIST ..............................................................................................5
EXPLANATION OF SYMBOLS, REFERENCE MARKS, AND ABBREVIATIONS OF
TECHNICAL TERMS USED IN THIS PRICE LIST .............................................................6
CONTACT INFORMA TION ......................................................................................................7
1.0 DEFINITIONS ........................................................................................................................8
2.0 REGULATIONS ................................................................................................................... 10
2.1 Undertakng of the Company............... ........ .... ....... ...... ................. ................. .............. 10
2.2 Shortage of Equipment or Facilities ...... .... ........ ........... ............. .......... ............. ............ 10
2.3 Selection of Transmission............................................................................................. 11
2.4 Notification of Service-Affecting Activities................................................................. 11
2.5 Provision of Equipment and Facilities.... .......................... .... ..................... ................... 11
2.6 Terms and Conditions ................................................................................................... 12
2.7 Non-routine Installation and Special Construction....................................................... 12
2.8 Ownership of Facilities ............ .... ........................................ ..................... ..... .......... ..... 13
2.9 Rights-of-Way............................................................................................................... 14
2.10 Liability...................................................................................................................... ... 14
2.1-1 Indemnification ..................... .... ........ .............................. .... ....................... ....... ............ 15
2.12 Conflcts Between Price List and Commssion Rules.................................................. 15
2.13 Allowances for Interrptions in Service....................................................................... 15
2.14 Obligations of the Customer .... .... .......................................... ................... ..... ........ ....... 17Issued: Effective:
Issued By:Chrs Adams, President
6055 Corporal Lane
Boise, ID 83704
Zial Networks Inc.Idaho Price List No. 1
Original Page 4
2.15 Prohibited Uses............................................................................................................. 18
2.16 Payments.......................................................................................................................18
2.17 Taxes, Charges, Fees...................... ............................... ..................... ........................... 20
2.18 Deposits.........................................................................................................................21
2.19 Refusal or Termnation of Services ......... ...... ........ ........... ...... ................. ..................... 22
2.20 Restoration of Service................................................................................................... 26
2.21 Assignment................................................................................................................... 26
2.22 Promotions.................................................................................................................... 26
2.23 E911..............................................................................................................................26
2.24 Public Notice................................................................................................................. 27
3.0 LOCAL EXCHANGE SERVICES ....................................................................................27
3.1 General..........................................................................................................................27
3.2 Service Descriptions .....................................................................................................28
4.0 RATES AND CHARGES ..................................................................................................... 33
Issued:Effective:
Issued By:Chrs Adams, President
6055 Corporal Lane
Boise, ID 83704
Zial Networks Inc.Idaho Price List No. 1
Original Page 5
APPLICATION OF PRICE LIST
Zial Networks Inc., (hereinafter "The Company") has been authorized by the Idaho Public
Utilities Commission (Idaho PUC) to provide competitive local exchange and interexchange
services.
This price list sets forth the service offerings, rates, terms and conditions applicable to the
furnishing of local exchange services to residential and small business customers within the State
of Idaho. The rates and rules contained herein are subject to change pursuant to the rules and
regulations of the Idaho PUc.
Issued:Effective:
Issued By:Chris Adams, President
6055 Corporal Lane
Boise, ID 83704
Zial Networks Inc.Idaho Price List No. 1
Original Page 6
EXPLANATION OF SYMBOLS, REFERENCE MARKS, AND ABBREVIATIONS OF
TECHNICAL TERMS USED IN THIS PRICE LIST
The following symbols shall be used as set out below to describe specific changes made to the
original price list.
C Indicates a changed listing, rule, or condition, which may affect rates or charges
D Indicates discontinued material, including a listing, rate, rule or condition
I Indicates an increase
M Indicates that the material has been relocated to another par of price list schedules with
no change in text, rate, rule or condition
N Indicates new material including listing, rate, rule or condition
R Indicates a reduction
S Indicates reissued matter
T Indicates a change in wording of text, but not a change in rate, rule or condition.
Issued: Effective:
Issued By:Chris Adams, President
6055 Corporal Lane
Boise, ID 83704
Zial Networks Inc.Idaho Price List No. 1
Original Page 7
CONTACT INFORMATION
Zial Networks Inc
6055 Corporal Lane
Boise, Idaho 83704
support (g zial.com
Phone: [phone]
e-mail: support(gziaL.com
Customer Contact -
For establishment of service, complaints and inquires regarding service and billng, or reporting
or inquiring about network outages or service problems.
Customer Service: 800.519.2468
Maintenance: 800.519.2468
Commission Contact -
For complaints, inquiries and matters concerning rates and price lists.
Matters concerning customer service:
Allen Bates
Phone: [phone]
email: abates(gzial.com
Matters concerning tariffs and regulatory affairs:
Chris Adams
President
6055 Corporal Lane
Phone: [phone]
Email: cadams(gziaL.com
Issued:Effective:
Issued By:Chris Adams, President
6055 Corporal Lane
Boise, ID 83704
Zial Networks Inc.Idaho Price List No.1
Original Page 8
1.0 DEFIITIONS
The following words and terms when used in this price list shall have the meaning set out by this
section.
Access Lines: Telephone facilities which permit access to and from the Customer's premises and
the telephone exchange or serving central office.
Advance Payment: A payment required before the star of service. Advanced payment may
consist of any required construction cost, all appropriate non-recurrng charges, and an estimate
of the first month's recurring charges. Advance Payments wil be applied to the first bil rendered
by Company following implementation of services.
Agent: A business representative authorized by the Company to bring about, modify, affect,
accept performance of, or termnate contractual obligations between the Company and its
applicants or Customers.
Applicant: A person who applies for telecommunications service. Includes persons seeking
reconnection of service after Company-initiated termnation.
Application: A request made in writing for telephone service.
Authorized User: A person, firm or corporation that is authorized by the Company to be
connected to the service of the Customer or joint user.
Automatic Number Identification (ANI): The automatic transmission of a calling pary's biling
account telephone number to a local exchange Company, interexchange carer or a third pary
subscriber. The primary purpose of ANI is for biling of toll calls.
Basic Rate Area: A specific geographic area, within which the schedule rates for local exchange
service apply without exchange line mileage and without special rates in lieu of mileage.
Central Office: Company facilities where subscriber lines are connected to each other through
switching equipment for placing local and long distance telephone calls.
Issued:Effective:
Issued By:Chris Adams, President
6055 Corporal Lane
Boise, ID 83704
Zial Networks Inc.Idaho Price List No. 1
Original Page 9
Company or Name of Company: (INSERT YOUR COMPANY NAME)
Customer or Subscriber: The person, firm or corporation that orders service and is responsible
for the payment of charges for that service and for compliance with the Company's regulations
related to that service.
Nonlisted Service: A directory listing service wherein a Customer is not listed in the published
directory, but is listed in the directory assistance database.
Nonpublished Service: A directory listing service whereinß Customer is not listed in the
published directory or in the directory assistance database.
Recurring Charges: The charges to a Customer for services, facilities and equipment, which
recur monthly for the agreed upon duration of the service.
Residential Service: Telephone Service provided to customers when the actual or obvious use is
for domestic purposes.
Service Commencement Date: The first day following the date on which the Company notifies
the Customer that the requested service or facilty is available for use, unless the Customer
refuses to accept service because it does not conform to the standards set forth in the Service
Order or in this price list, in which case the Service Commencement Date is the date on which
the Customer accepts service. The Company and the Customer may agree on a substitute Service
Commencement Date.
Service Order: The written order for 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 obligations of the respective_paries as set forth therein and
pursuant to this price list; except that the duration of the service is calculated from the Service
Commencement Date.
Shared: A facility or equipment system or subsystem that can be used simultaneously by several
Customers.
Small Business Service: Telephone service provided to businesses with five (5) or fewer lines.
Issued:Effective:
Issued By:Chris Adams, President
6055 Corporal Lane
Boise, ID 83704
..
Zial Networks Inc.Idaho Price List No.1
Original Page 10
2.0 REGULATIONS
2.1 Undertaking of the Company
2.1.1 Scope
2.1.1.2 The Company undertakes to furnish local exchange communications service
pursuant to the terms of this price list.
2.1.1.2 The services offered herein may be used for any lawful purpose. There are no
restrictions on sharng or resale of the Company's services. However, the Customer remains
liable for all obligations under this price list even if such sharng or resale arangements exist
regardless of the Company's knowledge of these arangements. If service is jointly ordered by
more than one Customer, each is jointly and severally liable for all obligations.
2.1.1.3 The services the Company offers shall not be used for any unlawful purposes or
for any use for which the Customer has not obtained all required governmental approvals,
authorizations, licenses, consents and permts.
2.1.1.4 Company services may be connected to the services or facilities of other
communications cariers only when authorized by and in accordance with the terms and
conditions of any price lists of such other communications carers.
2.1.1.5 The services of the Company are furnished for the transmission of voice
communications but may also be used for data, facsimile, signaling, metering, or other similar
communications, subject to the transmission capabilties of the technologies or combination of
technologies available. Service is available twenty-four hours a day, seven days a week.
2.2 Shortage of Equipment or Facilities
1. The furnishing of service under this price list is subject to the availabilty on a continuing
basis of all facilities necessary to provide the service. Services wil be provided using (SPECIFY
COMPANY FACILITIES AND/OR RESALE OF OTHER CARRIER FACILITIES.)
Issued:Effective:
Issued By:Chris Adams, President
6055 Corporal Lane
Boise, ID 83704
Zial Networks Inc.Idaho Price List No. 1
Original Page 11
2.0 REGULATIONS (Cont'd)
2.3 Selection of Transmission
The Company selects and/or aranges for the channels and/or service components and underlying
network facilities used to provide service. The Company may modify or change the channels,
service components and underlying Company facilities or the underlying carrer at any time
subject to Par 68 of the FCC's Rules and Regulations and this price list.
2.4 Notification of Service-Affecting Activities
The Company wil provide the Customer with reasonable notification of service-affecting
activities that may occur during the normal operation of its business. Such activities may include,
but are not limited to, equipment or facilities additions, removals or rearrangements and routine
preventive maintenance. Generally, such activities are not specific to an individual Customer but
affect many Customers' services. No specific advance notification period is applicable to all
service-affecting activities. The Company wil work cooperatively with the Customer to
determine reasonable notification requirements. Notification to the Customer may not be
possible with some emergency or unplanned service-affecting conditions, such as an outage
resulting from cable damage.
2.5 Provision of Equipment and Facilities
2.5.1 The Company shall make a reasonable effort to provide service to a Customer on or
before a paricular date, subject to the provisions of and compliance by the Customer with the
regulations contained in this price list.
2.5.2 The Company shall make a reasonable effort to maintain facilities that it furnishes to the
Customer. The Customer shall not, and the Customer shall not permt others to, rearange,
disconnect, remove, attempt to repair or otherwise interfere with any of the facilties installed by
the Company, except upon the written consent of the Company.
Issued:Effective:
Issued By:Chris Adams, President
6055 Corporal Lane
Boise, ID 83704
Zial Networks Inc.Idaho Price List No.1
Original Page 12
2.0 REGULATIONS (Contd)
2.6 Terms and Conditions
2.6.1 Service is provided on a minimum term basis of at least one month, using 24-hours per
day for each day of the month. For purposes of this price list, a month is considered to have
thirty days. All calculations of dates set forth in this price list shall be based on calendar days,
unless otherwise specified herein.
2.6.2 This price list shall be interpreted and governed by the laws of the State of Idaho and the
Rules issued by the Idaho Public Utilties Commission.
2.7 Non-routine Installation and Special Construction
2.7.1 Non-Routine Installation
At the Customer's request, installation and/or maintenance may be performed outside the
Company's regular business hours or in hazardous locations. In such cases, charges based on
cost of the actual labor, material, or other costs incurred by or chai:ged to the Company wil
apply.
2.7.2 Special Construction
Subject to the agreement of the Company, special construction of facilties may be undertaken on
a reasonable effort basis at the request of the Customer. Special construction may include that
construction undertaken: .
(a)where facilties are not presently available;
(b)of a type other than that which the Company would normally utilze in the
furnishing of its service;
(c)over a route other than that which the Company would normally utilize in the
furnishing of its services;
Issued:Effective:
Issued By:Chris Adams, President
6055 Corporal Lane
Boise, ID 83704
Zial Networks Inc.Idaho Price List No. 1
Original Page 13
2.0 REGULATIONS (Cont'd)
(d) in a quantity greater than that which the Company would normally utilize in the
furnishing of its services;
(e) on an expedited basis;
(f) on a temporary basis until permanent facilities are available;
(g) involving abnormal costs; or
(h) in advance of normal construction.
2.7 Non-routine Installation and Special Construction (Cont'd)
Special construction wil be undertaken at the discretion of the Company consistent with
budgetary responsibilities and consideration for the effect on Company's other Customers and
contractual responsibilties.
2.7.3 If required by the Company, the Customer shall make an advance payment before
services are furnished and such advance payment wil be credited to the Customer's initial bil.
The Company may require such an advance payment, in addition to a deposit, when additional
costs are incurred to perform special or extraordinary construction to provide services required
by the customer.
2.8 Ownership of Facilities
Title to all facilities and equipment, and related plans and proposals, provided by the Company
in furnishing service remains with the Company, its agents or contractors. Such facilities and
equipment, plans and proposals shall be returned to the Company by the Customer whenever
requested, within a reasonable period following the request and in as good condition as
reasonable wear wil permit.
Issued:Effective:
Issued By:Chris Adams, President
6055 Corporal Lane
Boise, ID 83704
.
Zial Networks Inc.Idaho Price List No. 1
Original Page 14
2.0 REGULATIONS (Cont'd)
2.9 Rights-of-Way
Provisioning of the Company's services is subject to and contingent upon the Company's ability
to obtain and maintain rights-of-way and access to public and private property necessary for
installation of the facilities used to provide the Company's services to the Customer's service
point as agreed to by the Company.
2.10 Liability
2.10.1 Exculpatory Clause. EXCEPT AS EXPRESSLY PROVIDED HEREIN, ZA MAKES NO WARRNTY OR
REPRESENTATION, EITHER EXPRESS OR IMPLIED, REGARDING ANY SERVICE OR EQUIMENT. ALL SUCH WARRANTIES
OR REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARTIES OF MERCHANTABILITY AND
ATNESS FOR A PARTICULAR PURPSE, TITLE AND NON-INFRGEMENT AR DISCLAIMED.
ZIL IS NOT RESPONSffLE FOR ANY CONSEQUENTIAL DAMAGES OR LOSSES RELATING TO THE EQUIPMENT OR
SERVICE, WHETHER BASED ON NEGLIGENCE OR OTHERWISE. REGARDLESS OF THE CAUSE, ZIAL'S TOTAL LIABILITY
FOR DAMAGES OR LOSSES TO CUSTOMER AND AN OTHER PERSONS RECEIVING THE SERVICE, WIL IN NO EVENT
EXCEED THE AMOUNT THAT CUSTOMER HAS PAID TO ZIA FOR THE SERVICE THAT CUSTOMER RECEIVED DURG
THE SIX (6) MONTH PERIOD IMMEDIATELY PRIOR TO THE SPECIFC EVENT THAT GAVE RISE TO THE APPLICABLE
DAMAGE OR LOSS.
THIS LIMITATON DOES NOT CONSTITUTE A DETERMINATION BY THE IDAHO PULIC UTILITIS COMMISSION THAT A
LIMITATION IMPOSED BY THE COMPANY SHOULD BE UPHELD IN A COURT OF LAW. ACCEPTANCE FOR FIING BY THE
COMMISSION RECOGNIZES THAT IT IS A COURT'S RESPONSIBILITY TO ADJUDICATE NEGLIGENCE AND
CONSEQUENTIAL DAMAGE CLAIMS. IT IS ALSO THE COURT'S RESPONSffILITY TO DETERMING THE VALIDITY OF THE
EXCULPATORY CLAUSE.
Issued:Effective:
Issued By:Chrs Adams, President
6055 Corporal Lane
Boise, ID 83704
.
Zial Networks Inc.Idaho Price List No. 1
Original Page 15
2.0 REGULATIONS (Cont'd)
2.10.2 Liabilty of the Company
2.11 Indemnification
With respect to any service or facility provided by the Company, the Customer shall indemnify,
defend, and hold haress the Company from and against all claims, actions, damages,
liabilties, costs and expenses, including reasonable attorneys' fees for:
Any loss, destruction, damage to property of the Company or any third pary, or the death
or injury to persons, including but not limited to, employees or invitees of either pary, to the
extent caused by or resulting from the negligent or intentional act or omission of the Customer,
its employees, agents, representatives or invitees; or
Any claim, loss, damage, expense or liabilty for infringement of any copyright, patent,
trade secret, or any proprietary or intellectual property right of any third party, arising h many
act or omission by the Customer, including, without limitation, use of the Company's services
and facilities in a manner not contemplated by the agreement between the Customer and the
Company.
2.12 Conflcts Between Price List and Commission Rules
If this Price List contains provisions that deny or restrict a Customer's rights otherwise protected
by Commission rules, Commission rules supersede any conflcting tariff or price list provisions
that deny or restrict any of those rights, unless otherwise ordered by the Commssion, court
order, or statute.
2.13 Allowances for Interrptions in Service
A credit allowance wil be given for interrptions of service, subject to the provisions of this
section.
Issued:Effective:
Issued By:Chris Adams, President
6055 Corporal Lane
Boise, ID 83704
Zial Networks Inc.Idaho Price List No. 1
Original Page 16
2.0 REGULATIONS (Cont'd)
2.13.1 Credit for Service Interrptions
A credit allowance wil be made when an interruption in service occurs. An interrption in
service is considered to exist when the local service quality deteriorates to such an extent that the
customer cannot make local calls or cannot receive local calls or cannot use the service for voice
grade communications because of cross talk, static or other transmission problem.
An interrption period begins when the Customer reports a circuit, service or facility to be
interrpted and releases it for testing.
2.13.1.1 The Company must restore service: within sixteen (16) hours after the report ofthe
outage if the customer notifies the telephone company that the service outage creates an
emergency; or
2.13.1.2 within 24 hours after the report of the outage if no emergency exists.
2.13.1.3 Outages reported between noon on Saturday and 6:00 p.m. on the following Sunday
must be restored within forty-eight (48) hours or by 6:00 p.m. on the following Monday,
whichever is sooner.
2.13.1.3 If the Company does not restore service within the times required by this paragraph, the
Company wil credit the customer's account for an amount equal to the monthly rate for one (1)
month of basic local exchange service.
2.13.2 Limitations on Allowances
No credit allowance wil be made for:
2.13.2.1 interrptions due to the negligence ofthe Customer, or noncompliance with, or acts of
omission regarding the provisions of this price list by the Customer, authorized user or joint user;
Issued:Effective:
Issued By:Chris Adams, President
6055 Corporal Lane
Boise, ID 83704
Zial Networks Inc.Idaho Price List No. 1
Original Page 17
2.0 REGULATIONS (Cont'd)
2.13.2.2 interrptions 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
interrptions;
2.13.2.3 interrptions of service during a 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 arangements; or
2.13.2.4 interrption of service due to circumstances or causes beyond the control of the
Company and affecting large groups of customers.
2.14 Obligations of the Customer
2.14.1 The Customer shall provide at no charge, as specified by the Company, any personnel,
equipment, space, power, heating and air conditioning needed to operate, and maintain a proper
operating environment for the Company's facilities and equipment installed on the Customer's
premises
2.14.2 Upon suitable notification to the Customer, and at a reasonable time, the Company may
make such tests and inspections as may be necessary to determne that the Customer is
complying with the requirements set forth herein for the installation, 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.
2.14.3 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 facilties,
equipment, and personneL. The Company wil 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. If 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 har.
Issued:Effective:
Issued By:Chris Adams, President
6055 Corporal Lane
Boise, ID 83704
Zial Networks Inc.Idaho Price List No.1
Original Page 18
2.0 REGULATIONS (Cont'd)
2.15 Prohibited Uses
The Customer shall not use or allow the use of the Company's facilities or equipment installed at
the Customer's premises for any purpose other than that for which the Company provides it,
without the prior written consent of the Company.
2.15.1 Abuse
The abuse of Company Services is prohibited. Abuse includes, but is not limited to, the
following activities:
(a) Using service to make calls that might reasonably be expected to frighten, torment, or
harass another.
(b) Using service in such a way that it interferes unreasonably with the use of Company
services by others.
2.15.2 Fraudulent Use
The fraudulent use or the intended or attempted fraudulent use of service is prohibited and can
result in the discontinuance of services as set out by this price list. Fraudulent use consists of
using or attempting to use service with the intent to avoid the payment, either in whole or in part,
of the price listed charges for the service including but not limited to:
(a) rearanging, tampering with, or makng connections not authorized by this price
list to any network components used to furnish service; or
(b) using fraudulent means or devices, tricks, schemes, false or invalid
numbers, false credit devices, or electronic devices.
2.16 Payments
2.16.1 Customer Obligations
Issued:Effective:
Issued By:Chrs Adams, President
6055 Corporal Lane
Boise, ID 83704
Zial Networks Inc.Idaho Price List No. 1
Original Page 19
2.0 REGULATIONS (Contd)
2.16.1.1 The Customer shall pay outstanding charges in full within (NUMBER OF DA YS =
MORE THAN 15 DAYS. REFER TO IDAPA.31.41.01 Rule 202.) of the invoice date. Charges
normally wil be invoiced in (IN ADV ANCEII ARREARS), with monthly recurring charges
invoiced on or about the first of the month for which the charges apply. Amounts not paid within
(NUMBER OF DA YS) after the date of the invoice are considered delinquent.
2.16.1.2 The Customer shall pay all charges for use of the service by any persons whether or not
authorized by the Customer, except in those instances where it has been determned that the
Customer's present and former employees, agents and authorized users were not responsible for
calls biled to the Customer via third pary biling and the Company did not verify that the
charges for the call would be accepted. The Customer is not responsible for unauthorized use of
service to the extent such use is proximately caused by the Company's wilful or negligent act.
2.16.2 Disputed Bils
2.16.2.1 Any Customer who disputes a portion of a bil rendered for Company services shall pay
the undisputed portion of the bil and notify the Company that such unpaid amount is in dispute
within thirty (30) days of receipt of the bil. If such notice is not received by the Company within
thirty (30) days as indicated above, the Company shall consider the bil statement to be due and
payable in full by the Customer. Payment of the amount due by the Customer does not constitute
a waiver of the Customer's rights under the provisions ofIDAPA 31.41.01.204 to challenge any
biling amount due or paid to the Company.
2.16.2.2 In the event a Customer and the Company cannot resolve a biling dispute to their
mutual satisfaction, the Customer may contact the Idaho PUC and proceed in accordance with
the Idaho PUC's Rules. The address and telephone numbers for the Idaho PUC are:
Idaho Public. Utilities Commission
P.O. Box 83720
Boise Idaho 83720-0074
334-0300 (within the local callng area)
1-800-432-0369 (from outside the local calling area)
Issued:Effective:
Issued By:Chris Adams, President
6055 Corporal Lane
Boise, ID 83704
Zial Networks Inc.Idaho Price List No.1
Original Page 20
2.0 REGULATIONS (Cont'd)
2.16.3 Payment Arrangements
2.16.3.1 When a Customer cannot pay a bil in full, the Company may continue to serve the
Customer if the Customer and the Company agree on a reasonable portion of the outstanding bil
to be paid immediately, and the manner in which the balance of the outstanding bil wil be paid.
2.16.3.2 In deciding on the reasonableness of a particular agreement, the Company wil take into
account the Customer's ability to pay, the size of the unpaid balance, the Customer's payment
history and length of service, and the amount of time and reasons why the debt is outstanding.
2.16.3.3 Payments are to be applied to the undisputed balance owed by the Customer. A
Customer may designate how a payment insuffcient to pay the total balance due shall be
applied. If applicable, and in the absence of instructions from the Customer, a parial payment
shall be allocated first to local exchange services. (See IDAPA.31.41.01 Rule 306.06.) Such
payments shall be applied first to the oldest undisputed balances.
2.16.3.5 ira Customer fails to make the payment agreed upon by the date that it is due, the
Company may, but is not obligated to, enter into a second payment arangement.
2.16.3.7 A Customer's failure to pay for undisputed MTS charges biled by the Company may
result in loss of 0+,0- and 1 + dialing access to MTS services until such time as the customer
pays the undisputed charges and applicable reconnection charges, if any.
2.16.3.8 Customer failure to pay undisputed charges for other services may result in
discontinuance of those services.
2.17 Taxes, Charges, Fees
In addition to the rates and charges described in this price list, the Customer may be responsible
for payment of taxes, charges or fees ordered by the Idaho PUC, the Idaho State Legislature, or
local and county governments. When the Company is authorized to collect such taxes, charges or
fees from the Customer, these taxes, charges and fees wil be itemized separately on the
Customer's bil.
Issued:Effective:
Issued By:Chrs Adams, President
6055 Corporal Lane
Boise, ID 83704
Zial Networks Inc.Idaho Price List No. 1
Original Page 21
2.0 REGULATIONS (Contd)
2.18 Deposits
2.18.1 The Company wil not require advance deposits.
2.18.2 If the Company can prove that the Customer is likely to be a credit risk or to damage
property of the Company, the Customer shall make a deposit before a service is furnished or
continued. (SEE IDAPA 31.41.01, RULE 101.) Such deposit shall be held as a guarantee for the
payment of charges. The Company may require such a deposit if the Company considers this
action necessary to safeguard its interests. The deposit shall not exceed two (2) months' charges
for local exchange service.
2.18.2.1 Interest on deposits held shall be payable and accrued at a rate set by the Idaho PUC
under the provisions of IDAP A 31.41.01.106
2.18.2.2 When a service is discontinued the amount of any deposit held by the Company,
plus accrued interest, wil be applied to the Customer's account and any credit balance remaining
wil be refunded.
2.18.2.3 Customer's deposit wil be returned, with accrued interest, when the customer has
maintained good credit by makng payments for all undisputed amounts due the Company before
temporary or permanent disconnection for twelve (12) months. Any deposit, plus accrued
interest, may be applied to the Customer's telephone account following completion of twelve
months' satisfactory payment.
Issued:Effective:
Issued By:Chris Adams, President
6055 Corporal Lane
Boise, ID 83704
Zial Networks Inc.Idaho Price List No.1
Original Page 22
2.0 REGULATIONS (Cont'd)
2.19 Refusal or Termnation of Services
If the Company intends to deny an available service to an applicant, the Company wil provide
the applicant with a written explanation of its refusal to serve. The written explanation shall
include:
a) the reasons for denial of the service;
b) actions the applicant may take in order to receive the denied service; and
c) a statement that the Customer may fie an informal or formal complaint
concerning denial of the service with the Company or with the Idaho PUc.
2.19.1 Grounds for Refusal to Establish Service
The Company may refuse to establish service if any of the following conditions exist:
2.19.1.1 the applicant has an outstanding amount due to the CompanyJor similar utility services
and the applicant is unwiling to make acceptable arangements with the Company for payment;
2.19.1.2 a condition exists that, in the Company's judgment, is unsafe or hazardous to the
applicant, the general population, or the Company's personnel, agents or facilities;
2.19.1.3 the applicant refuses to provide the Company with a deposit after having failed to meet
the credit criteria for waiver of deposit requirements;
2.19.1.4 the applicant is known to be in violation ofthe Company's price lists fied with the
Commssion;
2.19.1.5 the applicant fails to furnish such funds, suitable facilities, and/or rights-of-way which
have been specified by the Company as necessary to and a condition for providing service to the
applicant; or
Issued:Effective:
Issued By:Chris Adams, President
6055 Corporal Lane
Boise, ID 83704
Zial Networks Inc.Idaho Price List No. 1
Original Page 23
2.0 REGULATIONS (Cont'd)
2.19.1.6 the applicant has falsified his/her identity for the purpose of obtaining service.
2.19.2 Grounds for Termination with Written Prior Notice
Except as otherwise specified in this price list or Idaho PUC rules, the Company may, upon
reasonable written notice to the Customer, discontinue services for any of the following reasons:
2.19.2.1 for nonpayment of any undisputed amounts owing to the Company;
2.19.2.2 for services provided to premises that have been vacated by the Customer;
2.19.2.3 for tampering with the Company's property;
2.19.2.4 for violation of rules, service agreements, or fied price lists;
2.19.2.5 for use of Customer equipment which adversely affects the Company's property,
facilities, or service to its other Customers, or upon condemnation of any material portion of the
facilities used by the Company to provide service to a Customer, or if a casualty renders all or
any material portion of such facilities inoperable beyond feasible repair; or
2.19.2.6 for fraudulent obtaining or use of service, including, but not limited to:
(a)providing false information to carer the Company regarding the Customer's
identity, address, creditworthiness, or current or planned use of common
communications;
(b)using or attempting to use service by rearanging, tampering with, or makng
connection to the Company's service where not authorized by this price list;
(c)using tricks, schemes, false or invalid numbers, false credit devices, electronic
devices; or
(d)any other fraudulent means or device.
Issued:Effective:
Issued By:Chris Adams, President
6055 Corporal Lane
Boise, ID 83704
Zial Networks Inc.Idaho Price List No. 1
Original Page 24
2.0 REGULATIONS (Cont'd)
2.19 Refusal or Termnation of Services (cont' d)
2.19.3 Without Written Notice to the Customer
The Company may deny or discontinue the furnishing of any and/or all service(s) to a Customer
immediately and without prior notice to the Customer and without the Customer's permssion for
one or more of the following reasons:
2.19.3.1 Dangerous Condition. A condition immediately dangerous or hazardous to the life,
physical safety, or property exists, or it is necessar to prevent a violation of federal, state or
local safety or health codes.
2.19.3.2 Ordered to Terminate Service. The Company is ordered to terminate service by any
court, the Idaho PUC, or any other duly authorized public authority.
2.19.3.3 Services Obtained llegally. The services(s) was (were) obtained, diverted or used
without the authorization or knowledge of the Company.
2.19.3.4 Customer Unable to be Contacted. The Company has tried dilgently to provide
reasonable notice to the Customer, but has been unsuccessful in its attempt to contact the
Customer.
2.19.3.5 Misrepresentation of Identity. The Customer has misrepresented the Customer's identity
for purposes of obtaining telephone service and either does not have or has an inadequate
security deposit on file with the Company.
2.19.3.6 for any governmental prohibition, or required alteration ofthe services provided, or any
violation of any applicable law or regulation, or unlawful use of service or use of service for
unlawful purposes, the Company may immediately discontinue or suspend service.
2.19 .4 Notice of Disconnection
Issued:Effective:
Issued By:Chrs Adams, President
6055 Corporal Lane
Boise, ID 83704
Zial Networks Inc.Idaho Price List No.1
Original Page 25
2.0 REGULATIONS (Cont'd)
2.19.4.1 Seven-Day Notice
Except as otherwise provided under the provisions of IDAPA 31.41.01.303.04 and 31.41.01.305,
the Company wil mail to the Customer written notice of termnation at least seven (7) calendar
days before the proposed date of termination. The written notice wil contain the information
required by IDAPA 31.41.01.306.
2.19.4.2 Twenty-Four-Hour Notice
At least twenty-four (24) hours before actual termination, the Company wil dilgently attempt to
contact the Customer affected to apprise the Customer of the proposed action and the steps to
tale to avoid or delay termination. Oral Notice wil contain the same information as required by
IDAPA 31.41.01.306.
2.19.4.3 Additional Notice
If the Company does not terminate service within seven (7) days after a proposed termnation
date, and the matter is not the subject of a pending complaint before the Idaho PUC, or if other
arangements have not been made with the Customer, the Company wil again make a dilgent
effort to contact the Customer to advise the Customer of the proposed action. If the Company has
not terminated service within twenty-eight (28) days of mailing a written notice of termination,
but stil intends to termnate, the Company wil again issue a written notice as set out by
subsection 2.19.4.1 ofthis price list, related to Seven-Day Notice.
2.19.5 Customer Cancellation of Service
If the Customer cancels a service order or termnates service before the completion of the term of
service specified in the service order for any reason, the Customer agrees to pay to the Company
all costs, fees, and expenses reasonably incurred in connection with special construction and with
the term of service. In addition, the Customer may be liable for termination charges up to a
maximum amount equal to the total charges applicable for the remaining term specified in the
service order.
Issued:Effective:
Issued By:Chrs Adams, President
6055 Corporal Lane
Boise, ID 83704
..
Zial Networks Inc.Idaho Price List No. 1
Original Page 26
2.0 REGULATIONS (Cont'd)
2.20 Restoration of Service
2.20.1 A reconnection charge shall be imposed on any Customer whose service has been
discontinued pursuant to the provisions of Section 2.19 of this price list. The Company reserves
the right to refuse to restore service until all amounts due have been paid.
2.20.2 Should the Customer request that service be restored during a period other than regular
working hours, such as evenings or weekends, the Customer may be required to pay an after-
hour charge for service reconnection.
2.21 Assignment
The Company may, without obtaining any further consent from the Customer, assign any of its
rights, privileges or obligations under this price list to any subsidiary, parent, or affliate of the
Company; pursuant to any sale or transfer of substantially all the business of the Company; or
pursuant to any financing, merger or reorganization of the Company. The Customer may, upon
prior written consent of the Company, which consent shall not be unreasonably withheld, assign
its rights, privileges or obligations under this price list to any subsidiary, parent, or affiiate of the
Customer; pursuant to any sale or transfer of substantially all the business of the Customer; or
pursuant to any financing, merger or reorganization of the Customer.
2.22 Promotions
The Company may provide promotional offerings from time to time. The Company wil notify
the Idaho PUC ten (10) days in advance of the rates, terms & conditions of any such promotions.
2.23 E911
The Company wil provide necessary Customer information to the incumbent local exchange
carer for appropriate routing of E911 calls. The Company's switches wil be equipped with
E911 trunks and all E911 traffic wil be switched by the Company to the incumbent local
exchange carer for routing.
Issued:Effective:
Issued By:Chris Adams, President
6055 Corporal Lane
Boise, ID 83704
Zial Networks Inc.Idaho Price List No. 1
Original Page 27
2.0 REGULATIONS (Contd)
2.24 Public Notice
The Company shall give public notice of all proposed changes in rates. Public notice must be
reasonably designed to call the attention of Customers who are affected by the changes to the
proposed changes in rates. Legal advertisements alone wil not be considered adequate public
notice. Individual notice to all Customers affected wil always constitute public notice
3.0 LOCAL EXCHANGE SERVICES
3.1 General
Local Exchange Services provides the Customer with connection to the public switched
telecommunications network. In addition, Local Exchange Service provides the Customer with a
unique telephone number address on the public switched telecommunications network. Each
Local Exchange Service enables the Customer to:
(a)
(b)
(c)
(d)
(e)
(f)
receive calls from other stations on the public switched telecommunications
network;
access other services offered by the Company as set forth in this price list;
access certain interstate and international calling services provided by the
Company;
access the Company's operators and business offces for service related
assistance;
access emergency services by dialing 0- or 9-1-1; and
access services provided by other common carers which purchase the
Company's Switched Access Services as provided under the Company's Federal
and State price lists or price list, or which maintain other types of traffc exchange
arangements with the Company.
Issued:Effective:
Issued By:Chris Adams, President
6055 Corporal Lane
Boise, ID 83704
Zial Networks Inc.Idaho Price List No.1
Original Page 28
3.0 LOCAL EXCHANGE SERVICES(Contd)
3.2 Service Descriptions
3.2.1 Residential Service
Basic Voice Service: $29.00 per month ($24.00 Bundled)
3.2.2 Business Service
(Intentionally Left Blankl
3.2.3 Lines and Trunks
(Intentionally Left Blank)
3.2.4 Optional and Vertical Features
Second Line or fax line: $14.99 per month
Voice Mail: $4.99 per month
Caller ID: $4.99 per month
Voice Mail to E-mail: $4.99 per month
Feature Bundle: $9.99 per month.
3.2.5 Other
(Intentionally Left Blan)
3.2.6 Number Services
3.2.6.1 Nonlisted Number Service Description
Issued:Effective:
Issued By:Chrs Adams, President
6055 Corporal Lane
Boise, ID 83704
.
Zial Networks Inc.Idaho Price List No. 1
Original Page 29
3.0 LOCAL EXCHANGE SERVICES(Contd)
Nonlisted Service: A directory listing service wherein a Customer is not listed in the published
directory, but is listed in the directory assistance database.
3.2.6.2 Nonpublished Number Service Description
Non-Published Service: A directory listing service wherein a Customer is not listed in the
published directory or in the directory assistance database.
3.2.6.3
(Intentionally Left Blank)
33.2.7 Miscellaneous Charges
3.2.7.1 Installation Charges: Up to $100
3.2.7.2 Move and Change Charges: $10.00
3.3.7.3 Deactivation Fee: $15.00
3.2.8 Idaho Telecommunications Service Assistance Program (ITSAP)
ITSAP consists of two programs, Lifeline and Linkup, that were developed to provide
discounted rates for telephone service to low income customers, thus promoting universal
service. The programs are jointly sponsored (federal and state) telephone assistance programs
designed to maximize federal contributions to Idaho's low-income customers.
3.0 LOCAL EXCHANGE SERVICES (Cont d)
The programs provide reductions in monthly rates for single line telephone service and/or
reductions in one-time costs for installation of telephone service for qualifying customers. The
program is administered by the Deparment of Health and Welfare in accordance with Idaho
Code, § 56-901.
Issued:Effective:
Issued By:Chrs Adams, President
6055 Corporal Lane
Boise, ID 83704
'?
Zial Networks Inc.Idaho Price List No. 1
Original Page 30
3.0 LOCAL EXCHANGE SERVICESfContd)
3.2.8.1 Eligibility - To be eligible for ITSAP, the paricipant must:
(a) Apply through the Deparment of Health and Welfare,
(b) Be head of household,
(c) Have a total gross income at or below 133% of the Office of Management and
Budgets (OMB) Poverty guidelines.
3.2.8.2 Residents of Tribal Lands may be eligible for additional federal assistance if the
individual paricipates in one of the following federal assistance programs:
(a) Bureau of Indian Affairs general assistance;
(b) Tribally administered Temporary Assistance for Needy Famlies;
(c) Head Star (only those meeting its income qualifying standard);
(d) National School Lunch Program's free lunch program~
3.2.8.2.1 Eligibility and qualification determinations wil be performed according to the
telecommunication provider's federal tariff and/or 47 c.F.R. Par 54.
3.2.8.2.2 Each eligible paricipating resident of Tribal Lands must provide to its local
service provider a signed document certifying under penalty of perjury that the customer receives
benefits from at least one of the programs mentioned.
3.2.8.3 Lifeline Discounts - applied to tariffed monthly recurrng rates and charges for qualifying
residential customers.
Monthly discount (not to exceed the rate charged for the grade of subscribed residential basic
local exchange service) $3.50
Issued:Effective:
Issued By:Chris Adams, President
6055 Corporal Lane
Boise, ID 83704
Zial Networks Inc.Idaho Price List No.1
Original Page 31
3.0 LOCAL EXCHANGE SERVICES(Cont'd)
Additional federal discounts may apply:
Tier 1 - Monthly service discount equal to the subscriber line charge $3.50
Tier 2 - Monthly service discount for customers of eligible telecommunications cariers
who have received non-federal regulatory approvals $1.75
Tier 3 - Monthly service discount equal to one half of the amount of any state support up
to a maximum of $1.75
Tier 4 - Eligible residents of Tribal Lands may be eligible for discounts of up to $25.
This discount may not bring the local residential rate to below $1.00 per month $25.00
3.2.8.4 Linkup Discounts - applied to installation of new service, including line extensions,
construction of facilities, etc., but shall not apply to customer premises facilities or equipment.
A service installation cost reduction of 50% up to $30.00 For an eligible resident of Tribal
Lands, an additional reduction of up to $70 may be applied to cover 100% of the charges
between $60 and $130 assessed for initiating telephone service. $70.00
3.2.8.5 Rules
3.2.8.5.1 Applies to Telecommunication service at the principal residence of the eligible
subscriber/head of household.
3.2.8.5.2 A household is either an individual living alone or a group of individuals living
together in common living quarers and facilties under such domestic arangements and
circumstances as to create a single establishment.
3.2.8 Idaho Telecommunications Service Assistance Program (ITSAP) (cont'd)
3.2.8.5 Rules
Issued:Effective:
Issued By:Chrs Adams, President
6055 Corporal Lane
Boise, ID 83704
Zial Networks Inc.Idaho Price List No.1
Original Page 32
3.0 LOCAL EXCHANGE SERVICES (Cont d)
3.2.8.5.3 The eligible paricipant can receive assistance with telephone service installation costs
only once at a residential address. However, if the paricipant moves to a new address, meets the
eligibilty criteria and is in good standing with the telephone service provider, there is no limit to
the number of times the paricipant may receive assistance with telephone costs.
3.2.8.6 Nonrecurrng charges to change to or from this program because of change in eligibilty
status wil be waived.
3.2.8.7 Lifeline service is not available for foreign exchange service. Only one line per
household wil qualify for ITSAP discounts.
3.2.8.8 Customers paricipating in either of these assistance programs must notify the company
of any changes that would affect qualification. Verification of eligibility wil be established by
the Deparment of Health and Welfare and wil be reviewed annually.
3.2.8.9 When the customer is no longer eligible, the discount wil be discontinued and regular
tarff rates and charges wil apply.
3.2.8.6 Recovery
The cost of providing assistance through ITSAP shall be recovered by imposing a monthly
surcharge determined by the Public Utilties Commssion and assessed on each line used for
providing residential and business access. Paricipating ITSAP customers are exempted from this
surcharge. $.05/line/month
3.2.9 Idaho USF Surcharges
A surcharge is assessed on all access lines to contribute towards funding for an Idaho Universal
Service Fund. The Surcharge Rate is established by the Commssion and wil be assessed to each
business and residential line.
Issued:Effective:
Issued By:Chris Adams, President
6055 Corporal Lane
Boise, ID 83704
"
..
Zial Networks Inc.Idaho Price List No. 1
Original Page 33
4.0 RATES AND CHARGES
To be Provided
Issued:Effective:
Issued By:Chrs Adams, President
6055 Corporal Lane
Boise, ID 83704
ZIv. E T . . ~ . .
Master Service Agreement
Terms and Conditions for Services
1. Introuction: This Master Service Agreement ("MSA") is entered into and binding between lial Netwrks, Inc. ("lial") and
("Customet'). This MSA describes the services provided to Customer, defines the
terms and conditions under which such services are provided, and specifies each part's responsibilties within this MSA.
2. Definitions For purposes of this MSA the following terms shall have the definitions assigned herein.
"Customer" shall mean the individual or individuals ordering the Service at the physical address listed on the Sales Order.
"Customer Care" shall mean technical and biling support services provided to Customer for the Service and/or the Equipment.
"Equipment" shall mean the electronic equipment required to receive the Service and may include Receivers, Gateways,
Routers, Switches, DVR's, and/or HD DVR's and the associated cabling and activation and controlling devices.
"Sales Order" shall mean the document provided by lial entitled Sales Order that defines which telecmmunications services
and Equipment wil be provided to the Customer.
"Service" shall mean the services provided to Customer that may include, but not be limited to, video (digital television), digital
phone, Internet accss, and other telecommunications services, either individually or in bundled package(s).
3. Scope of MSA: lial wil provide the Service to Customer pursuant to a Sales Order issued to and signed by Customer. In the
event Customer is in breach of such Sales Order or this MSA, lial may suspend and/or terminate the Service to Customer. lial
will provide notification of such suspension or termination of Service in accrdance with Rules 304 and 306 of IDAPA 31.41.01,
Telephone Customer Relations Rules, in order to provide the Customer with the opportunity to remedy such breach.
Customer wil provide all reasonable information, accss, and authorizations reuired by lial for the purpose of installng,
maintaining, upgrading, and supporting the Service and associated Equipment in accrdance with the terms and conditions of
this Agreement.
The Service may be changed from time to time during the term of this Agreement to reflect additional capabilities and
features available from lia!.
Customets signature on the Sales Order requesting Service and any Equipment associated therewith is acknowledgement
of receipt and accptance of the terms and conditions of this MSA and any other agrements defining the terms and conditions of
individual components of the Service provided.
4. Term This agreement shall commence on the effctive date of the Sales Order and shall remain in effec throughout the service
term specified on the Sales Order or other document engaging lial's Services.
5. Description of Service
5.1 ZialVideo: Digital television service will be provided by DirecTV, or such other digital television programming supplier
partner as lial may select. Please see the Sales Order for currently available features and packages. Please also see the
separate Customer Agreement with DirecTV for additional packages, features, and terms and conditions of lialVdeo.
5.2 ZialVoice: Digital telephone service wil be provided by lia!. Please see the Sales Order for a list and pricing on currently
available features and packages.
5.3 ZialNet: Internet access will be provided by lial. Please see the Sales Order for a list and pricing on currently available
features and packages.
5.4 Home Security: Home Security Service wil be provided by APX Alarm under separate agreement. lial wil provide
information to Customer about contacting APX Alarm for installation and activation of service.
6. Payment for Service and Equipment Customer wil pay in advance at then current lial rates for all Service and Equipment
ordered until the Service is terminated. When service does not begin on the first day of the month, or end on the last day of the
month, a charge for the portion of the month in which the Service was furnished wil be calculated on a pro-rated basis with every
month considere to have 30 days. The initial payment shall include one full month plus any pro-rated partial month portion.
Payment shall be made by pre-authorized credit or debit card withdrawal. The full monthly balance for the Service ordered as
specified on the Sales Order is due in full each month. No "payment in full" notation or other restrictive endorsement on
payments will restrict the abilty to collect all amounts owing to lial. lial may reduce the Service to a minimum service level, at
rates in effct at the time, or deactivate the service if payments are not made on time in accrdance with Rules 30 and 306 of
IDAPA 31.41.01, Telephone Customer Relations Rules.
6.1 Taxes Customer wil pay all taxes or other governmental fees and charges, if any, which are assessed and shall be added
to fees for Service.
6.2 Administrtive Fees. lial may charg fee that ari in specific circumstances only to those Customers responsible for
them. This list is not exclusive, and lial reserves th riht to modify these fees or charge additional fees. Customer wil pay the
following fees when they are applicable:
6.2.1 Account Activation Fee: lial may charg a-f of up to $100.00 prior to or upon activation of any component of the
Service.
6.2.2 Additional TV Authorization Fee: lial may ~9l 8 monthly fee of $4.99 for separate Service on each additional TV,
rather than a full subscription fee for Service on ea acittnal TV. This reduced rate is available only if all receivers are located
at the same residence.
6.2.3 Late Fee: If lial does not receive payment by the due date, lial wil charge an administrative late fee of $5.00 per month
or partial month until the delinquent amount is paid in full. This late fee is not an interest charge, finance charge, time price
differential or other such charge or payment of a similar nature. Customer acknowledges that this fee is reasonably related to the
actual expense lial incurs due to late payment.
6.2.4 Change of Service Fee: If the service is changed to a lower-priced package, lial may charge a fee of $10.00.
6.2.5 Phone Payment Fee: If Customer elects to pay any outstanding balance over the telephone with lial Customer Care
agent, lial wil charge $10.00.
6.2.6 Deactivation Fee: If Customer cancels Service or lial deactivates Service because of failure to payor for some other
breach on Customets part, lial may charge a fe of $15.00.
Zial Networks, Inc,Confidential & Proprietary Seivices MSA v 1. 0
8.2.7 Returned Payment Fee: If any bank or other financial institution refuses to honor any payment submitted to Customets
accunt, Zial may charge Customer a fee of $20.00. Customer acknowledges that this fee is not an interest charge, finance
charge, time price diffrential or other such charge or payment of a similar nature and it is reasonably related to the actual
expense incurred due to unsatisfied payment.
8.3 Billng Statements. Zial will email a statement, typically 10 days prior to the end of the month, on Customets accunt.
Statements wil show: (1) payments, credits, purchases, and any other charges to the accunt, (2) the amount owe Zial, (3) the
payment due date, and additional information as required by IDAPA 31.41.01 Rule 201. Customer agrees to allow Zial to make
automatic credit or debit card payments on Customer's accunt on or about the due date.
8.3.1 Questions About Biling Statements. If Customer has reason to believe the statement is incorrect or if Customer needs
more information about the statement, Customer should contact Zial immediately. Zial wil try to resolve any complaints or
questions as promptly as possible. Undisputed portions of the statement must be paid by the due date to avoid applicable fees
and possible reuction or deactivation of Service.
6.3.2 Collection Costs. To the extent permitted by law, Customer wil pay Zial any costs and fees reasonably incurred to collect
amounts owed.
7. Customer Care. Zial wil provide Customer Care to Customers to address questions or issues about the Service as defined in
this section. While Zial offers high telecommunications availability, no guarantee can be given for the uninterrupted, fault free
functioning of the customets Service. Zial reserves the right at any time to perform maintenance work on its network which may
necessitate operational interruptions. Commercially reasonable effrts wil be made to notify all Customers of any interruption in
Service prior to such interruption.
7.1 Customer Care Availabilty:
7.1.1 On-Line Customer Care: Zial's on-line Customer Care is available 24 hours a day, 7 days a week. Customers can
accss Customer Care services via the Internet at Zial's Customer Care web site located at lìttp://support.zial.com.
7.1.2 Email Customer Care: Customer Care is available via email bysendinganotetosupportC§zial.com.
7.1.3 Telephone Customer Care: Telephone Customer Care is available during standard business hours of 8:00 am to 5:00 pm
in the Mountain Time Zone Monday through Friday excluding Federal holidays ("Zial Business Hours") by calling 800-519-2468.
7.2 Customer Care Tools:
7.2.1 FAQ's (Frequently Asked Questions): This feature provides information to Customers through answers to frequently asked
questions. This should be the primary source of information when questions about the Service arise.
7.2.2 Knowledge Base: This feature provides Customers with in-depth technical information about the specific aspects of the
service and Equipment.
7.2.3 Incident Report: This feature allows Customers to open a Customer Care incident ticket for any issues they may
encounter with the Service or Equipment.
7.3 Items Supportd: Zial wil provide Customer Care on all Equipment and hardware sold or installed by Zial required to
provide the Service. Zial's support of Equipment or hardware is limited to the manufacturets warranty on any item. Support of
any Equipment outside manufacturets warranty may include charges to Customer including, but not be limited to, delivery fees,
installation fees, service call fes, and/or support fees.
7.4 Customer Care Process: When a Customer contacts Zial with a Customer Care issue, either by generating an on-line
incident ticket, sending and email, or making a telephone call to Zial's Customer Care team, Zial will perfrm the following tasks
in an effort to resolve the issue:
7.4.1 Troubleshooting: After it is verified that you are valid Customer, Zial will create an incident ticket and troubleshoot the
problem remotely in an effort to identify a root cause and resolve the issue.
7.4.2 Level 1 : Zial's Level 1 efforts include searching the knowledge base and utilizing the knowledge and experience of Zial's
Level 1 Customer Care agents to resolve the issue. Level 1 may also include asking the Customer to perform minor tasks
related to identification of the cause and resolution such as reviewing documentation, checking cable connections, and/or cycling
power supplies.
7.4.3 Level 2: Zial's Level 2 effort include a review of the incident report by one of Zial's Level 2 Customer Care agents. Level
2 may also include additional communication with the Customer and testing of Zial's in-house Equipment to identify a problem.
7.4.4 Level 3: Zial's Level 3 efforts include review of the incident by a Zial Level 3 Customer Care Engineer. Level 3 efforts may
include communication with Equipment manufacturer(s), a service call to the Customets premise, and/or repair or replacement
of Equipment or hardware.
7.5 Customer Care Response Levels: Zial wil perform Customer Care accrding to the matrix listed below:
Process Level Response Level Resolution
Level 1/ Troubleshooting This fUnetÎOl. will be performed within 4 Incident resolved or escalated to Level
Zial Business Hours of notification by 2 within 2 Zial Business Hours of
Custoir.notification
Level 2 This funcn will be performed within 4 Incident resolved or escalated to Level
Zial Busiri~ Nours of escalation from 3 within 4 Zial Business Hours of
Levelt.escalation from Level 1.
Level 3 This function wil be performed within 4 Commercially reasonable efforts wil be
Zial BuSiness Hours of escalation from made to resolve the incident within 18
Level 2. Zial Business Hours.
7.6 Contacting Customer Care: To request Customer Care provided under this MSA, Customers should send electronic mail
or call the Customer Care help-line. Incident tickets may be submitted by the Customer via the web at http://support.zial.com or
by emailing supportC§zial.com or by calling 800-519-2468 and following the phone prompts to be routed to Customer Care.
Customers may check the status of an incident ticket via the web at http://support.zial.com.
7.7 Customer Care Fees: Customer Care wil be chargeable to the Customer at then-current rates in the following situations:
Zial Networks, Inc Confidential & Proprietaiy Services MSA v1,O
-. 7.7.1 Service Calls: A service call charge wil apply in each situation where on-site Customer Care is required to; 1) repair or
replace Equipment that is out of warranty or is within warranty but is damaged or destroyed as a result of Customer action or
inaction or 2) install new or replace old Equipment.
7.7.2 Installation: An installation fe wil apply in each situation where technical assistance is provided, whether on-site or
remotely, to install equipment or hardware not included in the Equipment.
7.7.3 Extnsive Care: An extensive care charge may apply in situations where Customer extensively utilzes Customer Care in
excess of typical service. Customer wil be notified in advance of such charges and given the opportunity to decline Customer
Care.
7.8 Manager Escalation Procedure: Should an incident require the attention of a lial manager, any Customer Care agent wil,
upon request, connect Customer to a lial manager.
7.9 Warrnty Services. Customer agrees that the Service does not include any warranty services or other services that lial
might provide separately, including, without limitation, any fee-base or other warranty programs.
8. Service Interruptions: Service may be interrupted from time to time for a variety of reasons. lial is not responsible for any
interruptions of Service that occur due to acts of God, power failure or any other cause beyond lia!'s reasonable control.
However, for an interruption that is within lial's reasonable control, lial will provide a resolution to such interruption in
accrdance with IDAPA 31.41.01 Rules 502 and 503. This wil be Customets sole remedy and lia!'s sole duty in such cases.
9. Disclaimers. EXCEPT AS EXPRESSLY PROVIDED HEREIN, ZAIL MAKES NO WARRANTY OR REPRESENTATION,
EITHER EXPRESS OR IMPLIED, REGARDING ANY SERVICE OR EQUIPMENT. ALL SUCH WARRANTIES OR
REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT ARE DISCLAIMED.
10. Limitations of Uabilit. llAL iS NOT RESPONSIBLE FOR ANY CONSEQUENTIAL DAMAGES OR LOSSES RELATING TO
THE EQUIPMENT OR SERVICE, WHETHER BASED ON NEGLIGENCE OR OTHERWISE. REGARDLESS OF THE CAUSE,
lIAL'S TOTAL LIABILITY FOR DAMAGES OR LOSSES TO CUSTOMER AND ANY OTHER PERSONS RECEIVING THE
SERVICE, WILL IN NO EVENT EXCEED THE AMOUNT THAT CUSTOMER HAS PAID TO llAL FOR THE SERVICE THAT
CUSTOMER RECEIVED DURING THE SiX (6) MONTH PERIOD IMMEDIATELY PRIOR TO THE SPECIFIC EVENT THAT
GAVE RISE TO THE APPLICABLE DAMAGE OR LOSS. THIS L1MITATON DOES NOT CONSTITUTE A DETERMINATION BY
THE IDAHO PULIC UTILITIES COMMISSION THAT A LIMITATION IMPOSED BY THE COMPANY SHOULD BE UPHELD IN A
COURT OF LAW. ACCEPTANCE FOR FILING BY THE COMMISSION RECOGNllES THAT IT IS A COURT'S
RESPONSIBILITY TO ADJUDICATE NEGLIGENCE AND CONSEQUENTIAL DAMAGE CLAIMS. IT IS ALSO THE COURT'S
RESPONSIBILITY TO DETERMING THE VALIDITY OF THE EXCULPATORY CLAUSE.
11. Changes to Service by Customer: If Customer terminates service prior to the end of the contract or service term, as specified
in the Sales Order, for any reason other than breach of this MSA by llAL or Force Majeure, and concurrently submits a new
Sales Order for Services of the same or greater value over the same or greater term, early termination of such Service will not be
considered a breach of this MSA, however, Customer wil pay any unpaid amounts for the terminated Service through the date of
termination and any additional charges associated with disconnecting the terminated Service.
12. Applicable Law and Jurisdiction: This contract is subject to Idaho law. The place of jurisdiction shall be Ada County.
13. Breach and Termination: Either party may terminate this MSA upon breach by the other party without incurring terminating
liability, provided that, prior writen notice is given to the breaching party which specifies the circumstances which may lead to
termination and allows thirty (30) days to remedy such circumstances, or a longer time period if mutually agreed upon (Cure
Period), and the breaching party fails to cure the circumstances within the Cure Period. If a Service is terminated either by
Customer for reasons other than breach by lial and without a replacement Sales Order pursuant to Section 11, or by lial for
breach by Customer, then Customer wil pay lial 1) 100% of any unpaid amounts for the terminated Service through the date of
the service term as specified on the Sales Order; 2) any Equipment costs, and; 3) any additional charges associated with
disconnecting the Service.
14. Amendments or Changes to this MSA: lial reserves the right to amend its services, prices and the Terms and Conditions of
this MSA at any time. Changes or revisions to this MSA will be deemed effective upon posting the applicable revisions at/on
ww.zial.com.
15. Transfer of Rights: Customers are not permitted to transfer the right and obligations arising from this MSA to third parties
without lial's written consent. lial is entitled to transfer the rights and obligations arising from this contract to a third party.
16. Indemnification: You agree to indemnify, defend and hold harmless lial, its offcers, directors, volunteers, employees, agents,
advertisers, information providers and suppliers from and against all losses, expenses, damages and costs, including reasonable
attomey's fees, resulting from any violation of this MSA or any activity related to receipt of Service.
17. Severabilty The provisions of this agreement are severable, and in the event any provision hereof is determined to be invalid or
unenforceable, such invalidity or unenforceabilit $lH nÐ in any way affect the validity or enforceability of the remaining
provisions hereof.
18. Force Majeure: lial cannot be held liable if the Seic or any other services provided by lial are temporarily interrupted,
partially restrcted or disabled due to force majeure. For Majeure is defined as natural events of special intensity (avalanche,
flood etc.), war, and armed conflict, terrorism, strke, uteeable restrictions by authorities, power failure, virus attck and etc.
Zial Networks. Inc.Confidential & Propnetaiy SeNices MSA v1.0