Convergia Inc.pdf

Idaho P.C. Tariff No.
Original Sheet No.
"'aho Publit Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
DEC 2 3 2002
Convergia, Inc.
Boise. Idaho
TELECO MMUNI CA TIONS TARIFF
Convergia, Inc.
237 Hymus Boulevard
Pointe Claire, Quebec, Canada
H9R 5C7
800-293-7778
INTRASTATE INTEREXCHANGE TELECOMMUNICA nONS SERVICE
This Tariff contains the descriptions, regulations and rates applicable to the furnishing of
intrastate, interexchange telecommunications services provided by Convergia, Inc. within the
State of Idaho. This Tariff is on file with the Idaho Public Utilities Commission. Copies may
also be inspected during normal business hours at the Company s principal place of business
237 Hymus Boulevard, Pointe Claire, Quebec H9R 5C7.
Issued: November 22, 2002
Issued By:
Effective Date: December 23 2002
Mr. Cliff Rees
President
Convergia, Inc.
237 Hymus Boulevard
Pointe Claire, Quebec, Canada, H9R 5C7
800-293- 7778
Idaho P.D.C. Tariff No. 1
Original Sheet No.
Idaho Publi1: Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
DEC 23 2002
Convergia, Inc.
Boise. Idaho
CHECK SHEET
The Sheets 1 through 36 inclusive of this Tariff are effective as of the date shown at the bottom
of the respective sheet(s).
SHEET REVISION SHEET REVISION
Original Original
Original Original
Original Original
Original Original
Original Original
Original Original
Original Original
Original Original
Original Original
Original Original
Original Original
Original Original
Original Original
Original Original
Original Original
Original Original
Original
Original
Original
Issued: November 22, 2002
Issued By:
Effective Date: December 23 2002
Mr. CliffRees
President
Convergia, Inc.
237 Hymus Boulevard
Pointe Claire, Quebec, Canada, H9R 5C7
800-293- 7778
Idaho P.C. Tariff No. 1
Ori inal Sheet No.
'.aho Publit Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
' :'
DEC 2 3 2002
Convergia, Inc.
Rnisp. Idaho
TABLE OF CONTENTS
DESCRIPTION SHEET NUMBER
Title Sheet
Check Sheet
Table of Contents
Explanation of Symbols
Tariff Format
Section
Application of Tariff
Rules and Regulations
Technical Terms and Abbreviations
2.2.Undertaking of the Company
Limitations of Service
2.4.Use
General Limitations of Liability
Limitations of Liability with Respect to Prepaid
Calling Cards
Indemnity
Full Force and Effect
Interruption of Service
10.Restoration of Service
11.Minimum Service Period
12.Payments and Billing
2.13.Cancellation by Customer
2.14.Cancellation by Company
2.15.Interconnection
16.Deposits and Advance Payments
17.Credit Limit
18.Taxes
Issued: November 22, 2002
Issued By:
Effective Date: December 23 , 2002
Mr. CliffRees
President
Convergia, Inc.
237 Hymus Boulevard
Pointe Claire, Quebec, Canada, H9R 5C7
800-293- 7778
Idaho P.C. Tariff No. 1
Original Sheet No.
Idaho Public Utilities Commission
Office of the Secret3ry
ACCEPTED FOR FILING
.,.
DEC 2 3 2002
: '
Convergia, Inc.Boise. Idaho
TABLE OF CONTENTS, Continued
DESCRIPTION SHEET NUMBER
Section
Description of Service
Timing of Calls
CONVERGIA TELECOMMUNICATIONS
SERVICES
Promotions
Rates
Service Charges
Miscellaneous Fees and Charges
4.3.Individual Case Basis (ICB) Arrangements
Issued: November 22, 2002
Issued By:
Effective Date: December 23, 2002
Mr. Cliff Rees
President
Convergia, Inc.
237 Hymus Boulevard
Pointe Claire, Quebec, Canada, H9R 5C7
800-293- 7778
Idaho P.c. Tariff No. 1
Original Sheet No.
Convergia, Inc.
"'aha Publit Utilities Commission
Office of the Secretary
ACCEPTED FOR FlUNG
DEC 2 3 2002
Boise, Idaho
(C)
(D)
(I)
(M)
(N)
(R)
(T)
CONCURRING CARRIERS
None
CONNECTING CARRIERS
None
OTHER PARTICIPATING CARRIERS
None
EXPLANATION OF SYMBOLS
To signify changed condition or regulation
To signify deleted or discontinued rate, regulation or condition
To signify a change resulting in an increase to a Customer s bill
To signify that material has been moved from another Tariff location
To signify a new rate, regulation condition or sheet
To signify a change resulting in a reduction to a Customer s bill
To signify a change in text but no change to rate or charge
Issued: November 22, 2002
Issued By:
Effective Date: December 23, 2002
Mr. Cliff Rees
President
Convergia, Inc.
237 Hymus Boulevard
Pointe Claire, Quebec, Canada, H9R 5C7
800-293- 7778
Idaho P.c. Tariff No. 1
Original Sheet No.
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
DEC 2 3 2002
Convergia, Inc.Boise. Idaho
TARIFF FORMA T
Sheet Numbering - Sheet numbers appear in the heading of each sheet. Sheets are
numbered sequentially. However, occasionally, when a new sheet is added between
sheets already in effect, a decimal is added. For example, a new sheet added between
sheets 14 and 15 would be 14.
Sheet Revision Numbers - Revision numbers also appear in the upper right corner of
each sheet. These numbers are used to determine the most current sheet version on file
with the Commission. For example, the 4th revised Sheet 14 cancels the 3rd Revised
Sheet 14. Because of various suspension periods, deferrals, etc. the Commission follows
in its Tariff approval process, the most current sheet number on file with the Commission
is not always the sheet in effect. Consult the Check Sheet for the sheet currently in
effect.
Paragraph Numbering Sequence - There are nine levels of paragraph coding. Each
level of code is subservient to its next higher level:
1.1.
2. 1. LA.
2. 1. LA. 1.
2. 1. LA. 1.(a).
A.l.(a).
(a).I.(i).
A.l.(a).I.(i).(1 ).
Check Sheets - When a Tariff filing is made with the Commission, an updated Check
Sheet accompanies the Tariff filing. The Check Sheet lists the sheets contained in the
Tariff with a cross reference to the current revision number. When new sheets are added
the Check Sheet is changed to reflect the revision. All revisions made in a given filing
are designated by an asterisk (*). There will be no other symbols used on this sheet if
these are the only changes made to it (i., the format, etc., remains the same, just revised
revision levels on some sheets). The Tariff user should refer to the latest Check Sheet to
find if a particular sheet is the most current on file with the Commission.
Issued: November 22 , 2002
Issued By:
Effective Date: December 23 , 2002
Mr. Cliff Rees
President
Convergia, Inc.
237 Hymus Boulevard
Pointe Claire, Quebec, Canada, H9R 5C7
800-293- 7778
Idaho P.C. Tariff No. 1
Original Sheet No.
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
DEC 2 3 2002
Convergia, Inc.Boise. Idaho
SECTION 1 - APPLICATION OF TARIFF
This Tariff sets forth the rates, terms, and conditions applicable to the provision of specialized
resold intrastate common carrier telecommunications services by Convergia, Inc. between
various locations within the State of Idaho.
All services are interstate offerings. Intrastate service is an add-on service available only if the
Customer subscribes to the Company s interstate offerings.
Issued: November 22, 2002
Issued By:
Effective Date: December 23 2002
Mr. CliffRees
President
Convergia, Inc.
237 Hymus Boulevard
Pointe Claire, Quebec, Canada, H9R 5C7
800-293- 7778
Idaho P.C. Tariff No. 1
Original Sheet No.
hlaho Public Utilities Commission
Office of the SeciCtary
ACCEPTED FOR FILING
DEC 2 3 2002
Convergia, Inc.
; '
Boise. Idaho
SECTION 2 - RULES AND REGULATIONS
TECHNICAL TERMS AND ABBREVIATIONS
Account Code:
numerical code, one or more of which are available to a Customer to enable
identification of individual users or groups of users on an account and to allocate costs of
service accordingly.
Called Station:
The terminating point of a call (i.the called number).
Calling Card:
A card issued by Company containing such account numbers assigned to its Customer
which enables the charges for calls made to be properly billed on a pre-arranged basis.
Commission:
The Idaho Public Utilities Commission ("Commission
Company:
Convergia, Inc. ("Convergia
Credit Card:
A valid bank or financial organization card, representing an account to which the costs of
products and services purchased by the card holder may be charged for future payment.
Such cards include those issued by VISA or MasterCard.
Issued: November 22, 2002
Issued By:
Effective Date: December 23 2002
Mr. CliffRees
President
Convergia, Inc.
237 Hymus Boulevard
Pointe Claire, Quebec, Canada, H9R 5C7
800-293- 7778
Idaho P.D.C. Tariff No. 1
Ori inal Sheet No.
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
DEC 2 3 2002
Convergia, Inc.Boise, Idaho
SECTION 2 - RULES AND REGULATIONS Continued
TECHNI CAL TERMS AND ABBREVIA TI 0 NS, Continued
Debit Card
A valid bank or financial organization card, representing an account from which the costs
of products and services purchased by the cardholder may be charged.
Customer:
The person, firm, corporation or other entity which orders or uses servIce and is
responsible for payment of charges and compliance with tariff regulation.
Dedicated Access:
Non-switched access between a Customer s premises and the point of presence of the
Company s underlying carrier.
Disconnect or Disconnection:
The termination of a circuit connection between the originating station and the called
station or the Company s operator.
Prepaid Calling Card:
A card issued by the Company permitting users to purchase a predetermined amount of
access to the Company s long distance service prior to the use of Service(s). Also called
a debit card.
Subscriber:
See "Customer" definition.
Issued: November 22 2002
Issued By:
Effective Date: December 23, 2002
Mr. Cliff Rees
President
Convergia, Inc.
237 Hymus Boulevard
Pointe Claire, Quebec, Canada, H9R 5C7
800-293- 7778
Convergia, Inc.
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
DEC 2 3 2002
Idaho P.C. Tariff No. 1
Original Sheet No. 10
Boi~p. Idaho
SECTION 2 - RULES AND REGULATIONS, Continued
TECHNICAL TERMS AND ABBREVIATIONS, Continued
800" (Toll Free) Number:
An interexchange service offered pursuant to this tariff for which the called party is
assigned a unique 800-NXX-XXXX, 888-NXX-XXXX, 877-NXX-XXXX number, or
other designated toll-free NPA area code), and is billed for calls terminating to thatnumber.
Issued: November 22, 2002
Issued By:
Effective Date: December 23 2002
Mr. CliffRees
President
Convergia, Inc.
237 Hymus Boulevard
Pointe Claire, Quebec, Canada, H9R 5C7
800-293- 7778
Idaho P.c. Tariff No. 1
Original Sheet No.
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
DEC 2 3 2002
Convergia, Inc.
Boise. Idaho
2.2.2.
2.4.
2.2.
2.2.
SECTION 2 - RULES AND REGULATIONS, Continued
UNDERTAKING OF THE COMPANY
Company s services are furnished for telecommunications originating and terminating
in any area within the State of Idaho.
Company is a non-facilities-based provider of resold interexchange telecommunications
to Customers for their direct transmission and reception of voice, data, and other types
of communications.
Company resells access, switching, transport, and termination services provided by
other interexchange carriers.
Subject to availability, the Customer may use account codes to identify the users or user
groups on the Customer s account. The numerical composition of the codes shall be set
by Company to assure compatibility with the Company s accounting and billing
systems and to avoid the duplication of codes.
The Company s services are provided on a monthly basis unless otherwise provided
and are available twenty-four (24) hours per day, seven (7) days per week.
Request for service under this Tariff will authorize the Company to conduct a credit
search on the Customer. The Company reserves the right to refuse service on the basis
of credit history, and to refuse further service due to late payment or nonpayment by the
Customer.
Issued: November 22, 2002
Issued By:
Effective Date: December 23 2002
Mr. CliffRees
President
Convergia, Inc.
237 Hymus Boulevard
Pointe Claire, Quebec, Canada, H9R 5C7
800-293-7778
Idaho P.C. Tariff No. 1
Original Sheet No. 12
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
DEC 2 3 2002Convergia, Inc.
2.3.
3.3.
3.4.
2.3.
Boi3E, IBalio
SECTION 2 - RULES AND REGULATIONS, Continued
LIMITATIONS OF SERVICE
Service is offered subject to availability of the necessary facilities and/or equipment and
subject to the provisions of this Tariff.
Company reserves the right to immediately disconnect service without incurring
liability when necessitated by conditions beyond the Company s control or when the
Customer is using the service in violation of either the provisions of this Tariff or the
Commission rules.
The Company does not undertake to transmit messages, but offers the use of its
facilities when available, and will not be liable for errors in transmission or for failure to
establish connections.
The Customer obtains no property right or interest in the use of any specific type of
facility, service, equipment, telephone number, process or code. All rights, titles and
interests remain, at all times, solely with the Company.
Prior written permission from the Company is required before any assignment or
transfer. All regulations and conditions contained in this Tariff shall apply to all such
permitted assignees or transferees, as well as all conditions of service.
The Company reserves the right to refuse an application for service by a present or
former Customer who is indebted to the Company for service previously rendered
pursuant to this Tariff until the indebtedness is satisfied.
Issued: November 22, 2002
Issued By:
Effective Date: December 23 2002
Mr. CliffRees
President
Convergia, Inc.
237 Hymus Boulevard
Pointe Claire, Quebec, Canada, H9R 5C7
800-293- 7778
Idaho P.C. Tariff No. 1
Original Sheet No. 13
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
DEC 23 2002
Convergia, Inc.
Boise, Idaho
2.4.
2.4.
2.4.
2.4.
2.4.4.
SECTION 2 - RULES AND REGULATIONS, Continued
USE
Service may be used for the transmission of communications by the Customer for any
lawful purpose for which the service is technically suited.
Service may not be used for any unlawful purpose or for any purpose for which any
payment or other compensation is received by the Customer, except when the Customer
is a duly authorized and regulated common carrier. This provision does not prohibit an
arrangement between the Customer, authorized user or joint user to share the cost of
servIce.
Application for service may be made verbally or in writing. The name(s) of the
Customer(s) desiring to use the service must be set forth in the application for service.
The Company strictly prohibits use of the Company s services without payment or an
avoidance of payment by the Customer by fraudulent means or devices including
providing falsified calling card numbers or invalid calling card numbers to the
Company, providing falsified or invalid credit card numbers to the Company or in any
way misrepresenting the identity of the Customer.
Issued: November 22 2002
Issued By:
Effective Date: December 23 2002
Mr. Cliff Rees
President
Convergia, Inc.
237 Hymus Boulevard
Pointe Claire, Quebec, Canada, H9R 5C7
800-293- 7778
Idaho P.C. Tariff No. 1
Original Sheet No. 14
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
DEC 23 2002
Convergia, Inc.Boise, Idaho
5.2.
SECTION 2 - RULES AND REGULATIONS, Continued
LIABILITIES OF THE COMPANY
The liability of the Company for damages arising out of mistakes, omissions
interruptions, delays, errors or defects in transmission occurring in the course of
furnishing service or other facilities and not caused by the negligence of the Customer
commences upon activation of service and in no event exceeds an amount equivalent to
the proportionate charge to the Customer for the period of service during which such
mistakes, omissions, interruptions, delays, errors or defects in transmission occur. For
the purpose of computing such amount, a month is considered to have thirty (30) days.
To the extent permitted by law, the Company will in no event be responsible for any
indirect, incidental, consequential, reliance, special, lost revenue, lost savings, lost
profits, or exemplary or punitive damages, regardless of the form of action, whether in
contract, tort, negligence of any kind whether active or passive, strict liability or
otherwise. The terms of this Section shall apply notwithstanding the failure of any
exclusive remedy.
Company is not liable for any act or omission of any other company or companies
furnishing a portion of the service.
Issued: November 22 , 2002
Issued By:
Effective Date: December 23 2002
Mr. CliffRees
President
Convergia, Inc.
237 Hymus Boulevard
Pointe Claire, Quebec, Canada, H9R 5C7
800-293-7778
Idaho P.C. Tariff No. 1
Original Sheet No. 15
Idaho Publit Utilities Commission
Office of the Secretary
ACCEPTED FOR FiLING
' :::-
DEC 23 2002
Convergia, Inc.Boise, Idaho
SECTION 2 - RULES AND REGULATIONS, Continued
GENERAL LIABILITIES OF THE COMPANY, Continued
Except as expressly warranted in writing by Company, Company makes no warranty or
guarantee, express or implied, and Company expressly disclaims any implied
warranties, of merchantability and fitness for a particular purpose.
5.4.Company shall be indemnified and held harmless by the Customer against:
Claims for libel, slander, infringement of copyright or unauthorized use of any
trademark, trade name or service mark arising out of the material, data
information or other content transmitted over Company s facilities; and
Claims for patent infringement arising from combining or connecting company
facilities with apparatus and systems of the Customer; and
All other claims arising out of any act or omission of the Customer in connection
with any service provided by Company.
The Company is not liable for any defacement of, or damage to, the equipment or
premises of a Customer resulting from the furnishing of services when such defacement
or damage is not the result of the Company s negligence.
Issued: November 22, 2002
Issued By:
Effective Date: December 23 2002
Mr. Cliff Rees
President
Convergia, Inc.
237 Hymus Boulevard
Pointe Claire, Quebec, Canada, H9R 5C7
800-293- 7778
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FiUNG
DEC 2 3 2002
Idaho P.D.C. Tariff No. 1
Original Sheet No. 16
Convergia, Inc.Boise, Idaho
SECTION 2 - RULES AND REGULATIONS, Continued
GENERAL LIMITATIONS OF LIABILITY, Continued
Company shall not be liable for and the Customer indemnifies and holds harmless from
any and all loss claims, demands, suits, or other action or liability whatsoever, whether
suffered, made instituted or asserted by the Customer or by any other party or person
for any personal injury to, death of any person or persons, and for any loss, damage
defacement or destruction of the premises of the Customer or any other property,
whether owned by the Customer or by others, caused or claimed to have been caused
directly or indirectly by the installation, operation, failure to operate, maintenance
removal, presence, condition, location or use of equipment or wiring provided by
Company where such installation, operation, failure to operate, maintenance, condition
location or use is not the direct result of Company s negligence.
No agents or employees of connecting, concurring or other participating carriers or
companies shall be deemed to be agents or employees of the Company without written
authorization.
The Company is not liable for any failure of performance hereunder due to causes
beyond its control, including, but not limited to, unavoidable interruption in the working
of its circuits or those of another common carrier; acts of nature, storms, fire, floods, or
other catastrophes; any law, order, regulation, direction, action, or request of the United
States Government, or any other governmental entity having jurisdiction over the
Company or of any department, agency, commission, bureau, corporation, or other
instrumentality or anyone or more of such instrumentality or anyone of more of such
governmental entities, or of any civil or military authority; national emergencies
insurrections, riots, rebellions, wars, strikes, lockouts, work stoppages, or other labor
difficulties; or notwithstanding anything in this Tariff to the contrary, the unlawful acts
of the Company s agents and employees, if committed beyond the scope of their
employment.
Issued: November 22, 2002
Issued By:
Effective Date: December 23 , 2002
Mr. CliffRees
President
Convergia, Inc.
237 Hymus Boulevard
Pointe Claire, Quebec, Canada, H9R 5C7
800-293- 7778
Idaho P.C. Tariff No. 1
Original Sheet No. 17
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
DEC 23 2002
Convergia, Inc.
Boise. Idaho
10.
5.11.
SECTION 2 - RULES AND REGULATIONS, Continued
GENERAL LIMITATIONS OF LIABILITY, Continued
The Company shall not be liable for damages or adjustments, refunds, or cancellation of
charges unless the Customer has notified the Company in writing of any dispute
concerning charges, or the basis of any claim for damages, within thirty (30) days after
the invoice is rendered by the Company for the call giving rise to such dispute or claim
unless ordered by the Commission, pursuant to Idaho law. Any such notice must set
forth sufficient facts to provide the Company with a reasonable basis upon which to
evaluate the Customer s claim or demands. The included tariff language does not
constitute a determination by the Commission that a limitation of liability imposed by
the Company should be upheld in a court of law. Acceptance for filing by the
Commission recognizes that it is a court's responsibility to adjudicate negligence and
consequential damage claims. It is also the court's responsibility to determine the
validity of the exculpatory clause.
The Company shall not be liable for any damages, including usage charges, that the
Customer may incur as a result of the unauthorized use of its communications
equipment. The unauthorized use of the Customer s communications equipment
includes, but is not limited to, the placement of calls from the Customer s premises and
the placement of calls through Customer-controlled or Customer-provisioned equipment
that are transmitted or carried over the Company s network services without the
authorization ofthe Customer. The Customer shall be fully liable for all such charges.
The included tariff language does not constitute a determination by the Commission that
a limitation on liability imposed by the Company should be upheld in a court of law.
Acceptance for filing by the Commission recognizes that it is a court's responsibility to
adjudicate negligence and consequential damage claims. It is also the court'
responsibility to determine the validity of the exculpatory clause.
12. The Company will give at least 10 days notice to customers and the Commission before
increasing rates or other charges. The notice to customers will be either individual
notice or a public notice in major circulation newspapers in Idaho.
Issued: November 22 2002
Issued By:
Effective Date: December 23, 2002
Mr. CliffRees
President
Convergia, Inc.
237 Hymus Boulevard
Pointe Claire, Quebec, Canada, H9R 5C7
800-293- 7778
Idaho P.C. Tariff No. 1
Original Sheet No. 18
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
DEC 2 3 2002
Convergia, Inc.
Boise. Idaho
SECTION 2 - RULES AND REGULATIONS, Continued
LIMITATIONS OF LIABILITY WITH RESPECT TO PREPAID CALLING
CARDS
1. In addition to the General Limitations of Liability, the Company limits its liabilities with
respect to Prepaid Calling Cards as follows:
The Company makes no warranty, guarantee, representation, either express or
implied, regarding the merchantability, accuracy, reliability, condition or fitness
of the information provided in connection with the use of the Services.
The Company will have no liability to Customer or any third party for claims that
a Prepaid Calling Card or its PIN has been lost, stolen or fraudulently used. In no
event will the Company be obligated to restore any Prepaid Calling Card account
or otherwise reimburse any Cardholder for any calls charged to the Prepaid
Calling Card account which such Cardholder denies having made.
If the Company issues a Prepaid Calling Card and the PIN will not access the
Company s Service, the Company s sole liability will be the manufacturing and
shipping costs associated with replacing such cards. This obligation is exclusive
and is in lie of all other warranties, express or implied, including but not limited
, any warranty of merchantability or fitness for a particular purpose. In no event
will the Company be liable for special or consequential damages arising form the
relationship or the conduct of business contemplated therein.
If Company chooses to subcontract the printing of Prepaid Calling Cards
Company cannot be held liable for delays of delivery or any other problem(s) that
are directly related to the subcontractor.
Upon the Customer s receipt of Company Prepaid Calling Cards, the Customer
will assume all risk of loss or misuse of such Prepaid Calling Cards.
Issued: November 22 2002
Issued By:
Effective Date: December 23 2002
Mr. CliffRees
President
Convergia, Inc.
237 Hymus Boulevard
Pointe Claire, Quebec, Canada, H9R 5C7
800-293- 7778
Idaho P.C. Tariff No. 1
Original Sheet No. 19
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
DEC 23 2002
Convergia, Inc.
Boise. Idaho
SECTION 2 - RULES AND REGULATIONS, Continued
INDEMNITY
Subject to the limitations of liability set forth in Section 2.5 hereof, the Company and
the Customer shall defend, indemnify, and hold each other harmless from and against
any and all claims to the extent that such claims were proximately caused by any
negligent or willful act or omission by the party from whom indemnity is sought, or by
the agents, employees, subcontractors or assignees of the party from whom indemnity
is sought, in connection with use of the Services. The indemnifying party under this
Section shall defend the other at the other s request against any such claim. The party
seeking indemnification under this Section must notify the other promptly of written
claims or demands for which the indemnifying party may be responsible. The
Company and the Customer, as the case may be, shall cooperate fully with the other in
the course of such indemnification, and the indemnifying party shall control such
defense and the right to litigate, settle, appeal, provided it pays the cost of any required
appeal bond, compromise or otherwise deal with any such claim or resulting judgment
provided that such settlement, compromise or other resolution of said claim does not
result in any liability to the indemnified party.
FULL FORCE AND EFFECT
Should any provision or portion of this Tariff be held by a court or administrative
agency of competent jurisdiction to be illegal, invalid or unenforceable, the remaining
provisions of this Tariff will remain in full force and effect.
Issued: November 22 2002
Issued By:
Effective Date: December 23 2002
Mr. Cliff Rees
President
Convergia, Inc.
237 Hymus Boulevard
Pointe Claire, Quebec, Canada, H9R 5C7
800-293- 7778
Idaho P.C. Tariff No. 1
Ori inal Sheet No. 20
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
DEC 2 3 2002
Convergia, Inc.Boise, Idaho
9.2.
SECTION 2 - RULES AND REGULATIONS, Continued
INTERRUPTION OF SERVICE
Credit for Interruptions:When the use of service or facilities furnished by the Company
is interrupted due to any cause other than the negligence or willful act of the Customer
or the operation or failure of the facilities or equipment provided by the Customer, a pro
rata adjustment of the monthly Recurring Charges subject to interruption will be allowed
for the service and facilities rendered useless and inoperative by reason of the
interruption whenever said interruption continues for a period of 24 hours or more from
the time the interruption is reported to or known to exist by the Company, except as
otherwise specified in the Company s tariffs. 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. Credit allowance for interruptions of
service which are not due to Company s testing or adjusting, to the negligence of the
Customer, or to the failure of channels, equipment and/or communications equipment
provided by the Customer, are subject to the general liability provisions set forth in
Section 2.4., herein. It shall be the obligation of the Customer to notify Company of any
interruptions of service. Before giving such notice, the Customer shall ascertain that the
trouble is not being caused by any action or omission of the Customer, not within the
Customer s control.
For purposes of credit computation, every month shall be considered to have 720 hours.
No credit shall be allowed for an interruption of a continuous duration of less than two
hours.
The Customer shall be credited for an interruption of two hours or more at the rate of
11720th of the monthly recurring charge for each hour or major fraction thereof that the
interruption continues.
Credit formula: Credit = (A/720) X B
A - outage time in hours
B - total monthly charge for affected utility
Issued: November 22, 2002
Issued By:
Effective Date: December 23 , 2002
Mr. CliffRees
President
Convergia, Inc.
237 Hymus Boulevard
Pointe Claire, Quebec, Canada, H9R 5C7
800-293- 7778
Idaho P.C. Tariff No.
Ori inal Sheet No. 21
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
DEC232002
Convergia, Inc.
Roisp. Irltlhn
SECTION 2 - RULES AND REGULATIONS, Continued
10.RESTORATION OF SERVICE
The use and restoration of service in emergencies shall be in accordance with part 64
Subpart D of the Federal Communications Commission s Rules and Regulations which
specifies the priority system for such activities.
11.MINIMUM SERVICE PERIOD
The minimum service period is one month (30 days).
Issued: November 22, 2002
Issued By:
Effective Date: December 23 2002
Mr. CliffRees
President
Convergia, Inc.
237 Hymus Boulevard
Pointe Claire, Quebec, Canada, H9R 5C7
800-293- 7778
Idaho P.D.C. Tariff No. 1
Original Sheet No. 22
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FlUNG
DEC 23 2002
Convergia, Inc.
Boise, Idaho
SECTION 2 - RULES AND REGULATIONS, Continued
12.PAYMENTS AND BILLING
12.1. Charges for service are applied on a recurring basis. Service is provided and billed on a
monthly (30 day) basis, and sent via first class mail or by electronic posting to a secure
site on the Internet. The billing date is dependent on the billing cycle assigned to the
Customer. Service continues to be provided until canceled by the Customer.
12.2. The Customer is responsible in all cases for the payment of all charges for services
furnished to the Customer. Charges are based on actual usage, and are billed monthly in
arrears.
2.12.Billing is payable via check, wire transfer, credit card or automatic bank debit upon
receipt and past due thirty (30) days after issuance and posting of invoice. Switched
access Customers who request printed invoices will be charged a monthly recurring fee
set forth in Section 4.2. Switched access Customers who request electronic bills will
incur no monthly billing fees. Bills not paid within thirty (30) days after the date of
posting are subject to a payment charge for the unpaid balance, as set forth in Section
4.2., and may be subject to additional collection agency fees.
Issued: November 22, 2002
Issued By:
Effective Date: December 23, 2002
Mr. CliffRees
President
Convergia, Inc.
237 Hymus, Boulevard
Pointe Claire, Quebec, Canada, H9R 5C7
800-293-7778
Idaho P.C. Tariff No. 1
Original Sheet No. 23
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
DEC 23 2002
Convergia, Inc.
Boise, Idaho
SECTION 2 - RULES AND REGULATIONS, Continued
12.PAYMENTS AND BILLING, Continued
12.4. The Customer is responsible in all cases for the payment of all charges for services
furnished to the Customer. Charges are based on actual usage, and are billed monthly
In arrears.
2.12.5. A returned check charge, appearing at Section 4.1 of this Tariff, will apply whenever
a check or draft presented for payment of service is not accepted by the institution on
which it is written.
12.Billing disputes should be addressed to Company s customer service organization via
telephone to 800.293.7778. Customer service representatives are available from 8:00
AM to 8:00 PM Eastern Time. Messages may be left for Customer Services from 8:01
PM to 7:59 AM Eastern Time, which will be answered on the next business day, unless
in the event of an emergency which threatens customer service, in which case Customer
Service Staff may be paged.
12.7. In the case of a dispute between the Customer and the Company for service furnished to
the Customer, which cannot be settled with mutual satisfaction, the Customer can take
the following course of action:
First, the Customer may request, and the Company will perform, an in-depth
review of the disputed amount. The undisputed portion and subsequent bills must
be paid on a timely basis or the service may be subject to disconnection.
Issued: November 22, 2002
Issued By:
Effective Date: December 23 2002
Mr. CliffRees
President
Convergia, Inc.
237 Hymus Boulevard
Pointe Claire, Quebec, Canada, H9R 5C7
800-293- 7778
Idaho P.c. Tariff No. 1
Original Sheet No. 24
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
DEC 23 2002
Convergia, Inc.
Boise, Idaho
SECTION 2 - RULES AND REGULATIONS, Continued
12.PAYMENTS AND BILLING, Continued
12., Continued:
Second, if there is still disagreement over the disputed amount after the
investigation and review by a manager of the Company, the Customer may appeal
to the Idaho Public Utilities Commission for its investigation and decision.
The address and telephone number of the Commission are:
Idaho Public Utilities Commission
O. Box 83720
Boise, Idaho 83720-0074
Telephone number: 1.800.432.0369
Issued: November 22, 2002
Issued By:
Effective Date: December 23 2002
Mr. CliffRees
President
Convergia, Inc.
237 Hymus Boulevard
Pointe Claire, Quebec, Canada, H9R 5C7
800-293- 7778
Idaho P.C. Tariff No. 1
Ori inal Sheet No. 25
Idaho P~blic Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
DEC 2 3 2002
Convergia, Inc.
Boise, Idaho
SECTION 2 - RULES AND REGULATIONS, Continued
13.CANCELLATION BY CUSTOMER
13.1. Customer may cancel service by subscribing to another presubscribed interexchange
carrIer.
13.2. Customer is responsible for usage charges while still connected to the Company
service, even if the customer utilizes services rendered after the Customers request for
cancellation has been made notice and the payment of associated local exchange
company charges, if any, for service charges.
13.3. Any cost of Company expenditures shall be borne by the Customer if:
The Customer orders service requiring special facilities dedicated to the
Customer s use and then cancels the order before such service begins, before
completion of the minimum period or before completion of some period mutually
agreed upon with the Customer for the non-recoverable portions of expenditures;
Liabilities are incurred expressly on behalf of the Customer by Company and not
fully reimbursed by installation and monthly charges; and
If based on an order for service and construction has either begun or has been
completed, but no service provided.
Issued: November 22, 2002
Issued By:
Effective Date: December 23, 2002
Mr. CliffRees
President
Convergia, Inc.
237 Hymus Boulevard
Pointe Claire, Quebec, Canada, H9R 5C7
800-293- 7778
Idaho P.C. Tariff No. 1
Original Sheet No. 26
I_aha Publit Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
DEC 23 2002
Convergia, Inc.!Wi~" I~ho
SECTION 2 - RULES AND REGULATIONS, Continued
14.CANCELLATION BY COMPANY
14.1. Company reserves the right to immediately discontinue furnishing the service to
Customers without incuning liability:
In the event of a condition detennined to be hazardous to the Customer, to other
customers of the utility, to the utility s equipment, the public or to employees of
the utility; or
By reason of any order or decision of a court or any other governmental authority
which prohibits the Company from furnishing such service; or
If the Company deems such refusal necessary to protect itself or third parties
against fraud or to otherwise protect its personnel, agents, facilities or services
without notice; or
For unlawful use of the service or use of the service for unlawful purposes; or
If the Customer provides false infonnation to the Company regarding the
Customer s identity, address, credit-worthiness, past, current or planned use of
Company s services.
2.14.2. Company may discontinue service according to the following conditions upon the
Customer s receipt of notice five (5) days in advance of disconnection:
F or violation of Company s filed tariffs; or
For the non-payment of any proper charge as provided by Company s Tariff; or
For Customer s breach of the contract for service between the utility and
Customer.
Effective Date: December 23, 2002Issued: November 22, 2002
Issued By:Mr. C1iffRees
President
Convergia, Inc.
237 Hymus Boulevard
Pointe Claire, Quebec, Canada, H9R SC7
800-293-7778
'~aho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILINGIdaho P.C. Tariff No. 1
Ori inal Sheet No. 27
DEC 2 3 2002
Convergia, Inc.
Boise. Idaho
14.
14.3.
SECTION 2 - RULES AND REGULATIONS, Continued
CANCELLATION BY COMPANY, Continued
The discontinuance of service(s) by the Company pursuant to this section does not
relieve the Customer of any obligations to pay the Company for charges due and owing
for service(s) furnished up to the time of discontinuance. The remedies available to the
Company set forth herein shall not be exclusive and the Company shall at all times be
entitled to all the rights available to it under law or equity.
14.4. The Company may refuse to permit collect calling, calling card and third-number billing
which it determines to be fraudulent and/or may limit the use of these billing options or
servIces.
15.
15.
15.
INTERCONNECTION
Service furnished by Company may be interconnected with services or facilities of other
authorized communications common carriers and with private systems, subject to the
technical limitations established by Company. Any special interface of equipment or
facilities necessary to achieve compatibility between the facilities of Company and
other participating carriers shall be provided at the Customer s expense.
Interconnection between the facilities or services of other carriers shall be under the
applicable terms and conditions of the other carriers' tariffs. The Customer is
responsible for taking all necessary legal steps for interconnecting Customer-provided
terminal equipment or communications equipment with Company s facilities. The
Customer shall secure all licenses, permits, rights-of-way and other such arrangements
necessary for interconnection.
Issued: November 22, 2002
Issued By:
Effective Date: December 23, 2002
Mr. Cliff Rees
President
Convergia, Inc.
237 Hymus Boulevard
Pointe Claire, Quebec, Canada, H9R 5C7
800-293-7778
Idaho P.C. Tariff No. 1
Original Sheet No. 28
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
DEC 23 2002
Convergia, Inc.
Boise. Idaho
SECTION 2 - RULES AND REGULATIONS, Continued
16.DEPOSITS AND ADV ANCE PAYMENTS
The Company does not collect deposits or advanced payments.
17.CREDIT LIMIT
The Company may, at any time and at its sole discretion, set a credit limit for any
Customer s consumption of Services for any monthly period.
18.TAXES
The Customer is responsible for payment of all federal, state and local taxes, franchise
excise and other fees applicable to the Services, including, but not limited to: sales, use
excise, franchise, access, universal service, 911 services and handicapped services.
Issued: November 22 2002
Issued By:
Effective Date: December 23 2002
Mr. Cliff Rees
President
Convergia, Inc.
237 Hymus Boulevard
Pointe Claire, Quebec, Canada, H9R 5C7
800-293-7778
Idaho P.u.e. Tariff No. 1
Original Sheet No. 29
'~aho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
DEC 23 2002
Convergia, Inc.
Boise. Idaho
1.1.
1.2.
1.3.
1.4.
SECTION 3 - DESCRIPTION OF SERVICE
TIMING OF CALLS
The Customer s long-distance usage charge is based on the actual usage of Company
service. Usage begins when the receiver of the called number is answered. The
moment of the called party s answer is determined by hardware supervision in which
the local telephone company sends a signal to the underlying carrier s switch or the
software utilizing audio tone detection. The timing of the call occurs when the called
party answers and terminated when either party hangs up.
The minimum call duration for billing purposes for all services, unless otherwise
provided in this Tariff, is six (6) seconds with six (6) second billing increments
thereafter.
Any portion of an applicable increment, after the appropriate minimum time for the call
will be rounded upward to the next increment. Calls less than the minimum length will
be rounded to the minimum length, unless otherwise specified in this Tariff.
There is no billing for incomplete calls.
Issued: November 22, 2002
Issued By:
Effective Date: December 23, 2002
Mr. Cliff Rees
President
Convergia, Inc.
237 Hymus Boulevard
Pointe Claire, Quebec, Canada, H9R 5C7
800-293- 7778
Idaho P.C. Tariff No. 1
Original Sheet No. 30
laaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
DEC 2 3 2002
Convergia, Inc.Boise. Idaho
2.4.
SECTION 3 - DESCRIPTION OF SERVICE Continued
CONVERGIA TELECOMMUNICATIONS SERVICES
Company provides switched and dedicated access telecommunications services that
allow Customer to establish a communications path between two stations by using
uniform dialing plans.
One Plus Service is a switched or dedicated access service offering users outbound "
plus" long distance telecommunications services.
Toll Free Service is a switched or dedicated access service offering users inbound, toll
free long distance telecommunications services. This service enables the caller to
contact the Customer without incurring toll charges, through the use of an assigned toll
free number. The Customer pays for the call.
Calling Card Service permits the caller to charge the principal presubscribed location
for a call while the caller is away from the principal location. The Customer may place
calls from any touch-tone phone in the United States by dialing a toll free number and
entering a personal identification code, followed by the desired telephone number.
Calling Card calls appear on the Customer s montWy long-distance bill.
Prepaid Calling Card Service is a discretionary, switched access service available to
Customers via a toll-free number from any touchtone telephone in the United States.
Customers purchase the Company s prepaid calling cards, which immediately enable
users to place calls from any touchtone telephone, at the Company s tariffed rates.
Issued: November 22, 2002
Issued By:
Effective Date: December 23 2002
Mr. CliffRees
President
Convergia, Inc.
237 Hymus Boulevard
Pointe Claire, Quebec, Canada, H9R 5C7
800-293- 7778
Idaho P.u.C. Tariff No. 1
Original Sheet No. 31
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
DEC 23 2002
Convergia, Inc.
Boise. Idaho
SECTION 3 - DESCRIPTION OF SERVICE, Continued
Prepaid Calling Card Service, Continued
Prepaid calling cards are available to end-users through purchase from either the
Company or agents of the Company and may be obtained in various unit denominations
with a per unit value.
Calls to 700, 800, 888, 900, and 950 numbers are not permitted with this Service.
Calls may only be charged against the Prepaid Calling Card is there is a sufficient
balance available to cover the cost of the call. Card balances will be depleted and
reduced based upon Customer usage. Customers are informed five (5) minutes and one
(1) minute before their account is depleted. When the balance of available time is
depleted the call will be terminated. Cards are nonrefundable and will expire on the
date specified on the card or by the carrier.
Issued: November 22, 2002
Issued By:
Effective Date: December 23 2002
Mr. Cliff Rees
President
Convergia, Inc.
237 Hymus Boulevard
Pointe Claire, Quebec, Canada, H9R 5C7
800-293- 7778
Idaho P.C. Tariff No.
Original Sheet No. 32
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
DEC 23 2002
Convergia. Inc.Boise, Idaho
SECTION 3 - DESCRIPTION OF SERVICE, Continued
PROMOTIONS
The Company may. from time to time, engage in special promotions of new or existing
Service offerings of limited duration designed to attract new Customers or to increase
existing Customer awareness of a particular offering. The promotional offerings are
subject to the availability of the services and may be limited to a specific geographical
area or to a subset of a specific market group; provided, however, the Commission shall
be notified of all promotional offerings at least ten (10) days prior to the date the
Company fust begins offering the promotion.
Issued: November 22, 2002
Issued By:
Effective Date: December 23, 2002
Mr. CliffRees
President
Convergia, Inc.
237 Hymus Boulevard
Pointe Claire, Quebec, Canada, H9R 5C7
800-293-7778
Convergia, Inc.
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
DEC 23 2002
Idaho P.C. Tariff No. 1
Original Sheet No. 33
Rnisp. 1r!:ihQ
SECTION 4 - RATES
SERVICE CHARGES
Service charges per account are based on the following schedules:
1.1.Convergia Switched One Plus Service
Initial Six (6)Additional Six (6)
Seconds Seconds
$0.0190 $0.0190
1.2.Convergia Dedicated One Plus Service
Initial Six (6)Additional Six (6)
Seconds Seconds
$0.0150 $0.0150
1.3.Convergia Switched Toll-Free Service
Initial Six (6)Additional Six (6)
Seconds Seconds
$0.0190 $0.0190
1.4.Convergia Dedicated Toll-Free Service
Initial Six (6)Additional Six (6)
Seconds Seconds
$0.0150 $0.0150
Issued: November 22 2002
Issued By:
Effective Date: December 23 2002
Mr. Cliff Rees
President
Convergia, Inc.
237 Hymus Boulevard
Pointe Claire, Quebec, Canada, H9R 5C7
800-293-7778
Idaho P.u.C. Tariff No. 1
Original Sheet No. 34
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
DEC 23 2002
Convergia, Inc.Boise, Idaho
SECTION 4 - RATES Continued
SERVICE CHARGES Continued
1.5.Convergia Postpaid Calling Card Service
Initial Sixty (60)Additional Sixty (60)
Seconds Seconds
$0.$0.19
Convergia Prepaid Calling Card Service
Initial Sixty (60)Additional Sixty (60)
Seconds Seconds
$0.$0.19
Issued: November 22, 2002
Issued By:
Effective Date: December 23, 2002
Mr. Cliff Rees
President
Convergia, Inc.
237 Hymus Boulevard
Pointe Claire, Quebec, Canada, H9R 5C7
800-293- 7778
Idaho P.C. Tariff No. 1
Original Sheet No. 35
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
DEC 23 2002
Convergia, Inc.
Boise. Idaho
SECTION 4 - RATES, Continued
MISCELLANEOUS FEES AND SURCHARGES
Late Payment Penalty
Bills not paid within thirty (30) days after the date of posting are subject to a payment
charge of 1.5% on the unpaid balance, and may be subject to additional collection
agency fees.
Returned Check Charge
A charge of $20.00 or five (5) percent of the amount of the check, whichever is greater
will apply whenever a check or draft presented for payment of service is not accepted
by the institution on which it is written.
4.2.Printed Billing Monthly Fee
Customers who request a printed bill will be assessed a $1.99 monthly recurring charge.
4.2.4.Toll Free Number Directory Listing Fee
Customers who subscribe to the Company s toll free service and would like their toll
free numbers listed in toll free directory assistance will be charged the following fees:
Non-recurring directory fee:
Monthly recurring directory fee:
$15.
$15.
Issued: November 22, 2002
Issued By:
Effective Date: December 23 2002
Mr. CliffRees
President
Convergia, Inc.
237 Hymus Boulevard
Pointe Claire, Quebec, Canada, H9R 5C7
800-293- 7778
Idaho P.C. Tariff No. 1
Original Sheet No. 36
Idaho Public Utilities Commission
Office of the Secretary
ACCEPTED FOR FILING
DEC 23 2002
Convergia, Inc.Boise. Idaho
SECTION 4 - RATES, Continued
MISCELLANEOUS FEES AND SURCHARGES, Continued
Rates for Installation of Dcdicated Facilities
The Customer is responsible for contracting with the Incumbent Local Exchange
Carrier C"LEe") for the installation of dedicated facilities and the LEC will bill the
Customer directly for installation fees and monthly recurring facilities charges.
3. . INDIVIDUAL CASE BASIS (ICB) ARRANGEMENTS
Arrangements will be developed on a case-by-case basis in response to a bona fide
request from a Customer or prospective Customer to develop a competitive bid for a
Service offered under this Tariff. Rates quoted in response to such competitive requests
may be different than those specified for such Services in this Tariff. ICB rates will be
offered to the Customer in writing and on a non-discriminatory basis. Company will
provide copies of all ICB contracts to the Commission.
Issued: November 22,2002
Issued By:
Effective Date: December 23 2002
Mr. CliffRees
President
Convergia, Inc.
237 Hymus Boulevard
Pointe Claire, Quebec, Canada H9R SC7
800-293-7778