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HomeMy WebLinkAbout2003-211 ORIGINAL , a Siebel No . 1 - HP2HZ Q s c1 � BellSouth ® Business Class Family of Services Enrollment Form / Account Information : Contact Information : Company Name : Indian River County Customer Contact Name : Terry Smith Street : 1840 25th St Customer Contact Phone : 772-567-8000 Account Executive : Nancy Vinez City , State , Zip : Vero Beach , FL , 33483 Account Executive Phone : 561 -640-6668 The Customer identified above (the " Customer" ) hereby enrolls in the BellSouth ® Business Class Family of Services (the " Services") . The rates , discounts and other terms and conditions applicable to the Services are set forth in , and governed by , this Enrollment Form , including related Service order forms and/or Term Sheets (as defined below) , and the following documents , which may be amended by BellSouth Long Distance , Inc. (" BellSouth Long Distance" ) and/or BellSouth BSE , Inc. (" BSE") , as applicable , from time to time (collectively , the " Governing Documents" ) : (a ) the relevant BellSouth Long Distance Pricing Guides for Services purchased from BellSouth Long Distance which are not subject to tariff and the BellSouth Long Distance state tariffs , or similar documents required by the state regulatory body with jurisdiction over the BellSouth Long Distance tariffed Services ; and ( b) the BSE Pricing Guides , state tariffs , and similar documents required by the state regulatory body with jurisdiction over the BSE local Frame Relay Service . Each Governing Document is hereby incorporated into this Enrollment Form by reference . Copies of the Governing Documents are available at www. tariffs . net/bsid/index. mv and , during normal business hours , at BellSouth Long Distance's main office at 400 Perimeter Center Terrace , Suite 350 , Atlanta , Georgia 30346 . The BellSouth Long Distance Services , as specifically defined in the applicable Governing Documents , currently include : BellSouth ® Dial Direct Service , BellSouth® Toll-Free Service , BellSouth® Long Distance Voice VPN , BellSouth ® Long Distance Calling Card , BellSouth ® Long Distance Dedicated Access Service (" Dedicated Access" ) , BellSouth ® Long Distance Private Line Service (" Private Line" ) , BellSouth ® Long Distance ATM Service , and BellSouth ® Long Distance Frame Relay Service . BSE provides a local frame relay service , BSE Frame Relay Service . The BellSouth ® Long Distance Calling Card , if included with this Agreement, is provided to you as an alternative means of placing BellSouth Long Distance calls . In some instances , a BellSouth ® Long Distance Calling Card call could utilize a long distance carrier other than BellSouth Long Distance . Upon BellSouth ® Long Distance Calling Card call initiation , should the Customer NOT hear "Welcome to BellSouth Long Distance" , another carrier, at their rates , will carry the call . The following apply when using the BellSouth ® Long Distance Calling Card : • The BellSouth® Long Distance Calling Card is not transferable . • Customer may authorize others to use the BellSouth ® Long Distance Calling Card , but Customer remains responsible for all charges incurred by its use . • If Customer's BellSouth ® Long Distance Calling Card is lost or stolen , Customer is responsible for charges incurred by the use of the card until the time Customer notifies BellSouth Long Distance . Customer hereby enrolls for a Term of 1 Year. During the Term of this Enrollment Form , Customer hereby agrees that Customer's Minimum Monthly Commitment (" MMC " ) shall be $ 500 of Contributory Service charges . .... S v 4 . 0 04/03 PRIVATE/PROPRIETARY Page 1 of 3 No disclosure outside BellSouth and customer except by written agreement. w Siebel No . 1 -HP2HZ Contributory Service charges for Dedicated Access and Private Line will be calculated after all discounts have been applied . For all other Services , Contributory Service charges will be calculated before the application of any discounts . Contributory Service charges which contribute toward Customer' s MMC are specifically identified in the applicable Governing Documents . If, in any month following a three (3) month ramp up period , Customer fails to meet its MMC , Customer agrees to pay the difference between Customer's total Contributory Service charges for such month and the MMC specified above . If Customer cancels this Enrollment Form or ceases to use Services to a material extent prior to the expiration of the Term , Customer agrees to pay an amount equal to fifty percent ( 50 % ) of the MMC multiplied by the number of months remaining in the Term specified above . These charges are in addition to any other valid and outstanding Service charges which may be due . To the extent permissible under applicable law, regulation or tariff, this Enrollment Form , including the Governing Documents and any related Service order forms and Service promotions , will be governed by the laws of the State of Georgia , without regard to its conflict of law provisions . BellSouth Long Distance or BSE , as applicable , may assign this Agreement at any time to a parent, subsidiary, subsidiary of its parent or any of its or its parent's affiliates . All Services provided hereunder are offered subject to the availability of the service components required . The parties hereby acknowledge and agree that the BSE Frame Relay Service is only available in (a) the BellSouth Telecommunications , Inc . service area ; and ( b ) locations outside of the BellSouth Telecommunications , Inc . service area (" Independent Territory" ) where BSE has a meet-point agreement in place with a network provider in the Independent Territory. In all other circumstances , the entire frame relay service will be provisioned as BellSouth® Long Distance Frame Relay Service , and the pricing for such service shall be as stated in the relevant Governing Document(s ) . Customer hereby (a ) enrolls in the following Promotions , Plans , Waivers , and/or Dedicated Access Service ( b) acknowledges receiving the term sheet ("Term Sheet" ) for each such Promotion , Plan , Waivers , and/or Dedicated Access Service which are attached hereto and are hereby incorporated into this Enrollment Form by reference , and (c) agrees to be bound by the terms and conditions contained therein . • Charter Intrastate Promotion By executing this Enrollment Form , Customer grants a Letter of Agency to BellSouth Long Distance to act on Customer's behalf to order access services necessary to connect the Services to Customer. This agency authorization includes , without limitation , the removal , addition to or rearrangement of such access services . In order to become effective this Enrollment Form must be executed by a duly authorized representative of Customer and delivered to and accepted by an authorized representative of BellSouth Long Distance and/or BSE . This Enrollment Form shall be effective on the date accepted by BellSouth and the Term shall commence on the first day of the next calendar month following the earlier to occur of: ( 1 ) 90 days after this Enrollment Form is signed by the Customer; or (2 ) the date on which a Service Component ordered hereunder is installed at a Customer location or activated in the case of calling card . For purposes of this CPA, a " Service Component" shall mean a Service port, PVC , private line , dedicated access circuit, packet service line , PIC Change , or activation of calling card . Any modification (s) , interlineation (s) , addition (s) supplement(s ) and/or other change (s ) to this MUSOM v 4. 0 04/03 PRIVATE/PROPRIETARY Page 2 of 3 No disclosure outside BellSouth and customer except by written agreement. Siebel No . 1 - HP2HZ Enrollment Form by Customers I render this Enrollment Form null and void . Indian River County Signature : Printed Name : Kaneth R . acht Title : Chairman Date : August 19 , 2003 SEUSOUM v 4 . 0 04/03 PRIVATE/PROPRIETARY Page 3 of 3 No disclosure outside BellSouth and customer except by written agreement. Promo Code INTRA8 % BellSouth ® Charter Intrastate Promotion Term Sheet BellSouth ® Business Class Family of Services The customer identified herein (the " Customer") hereby enrolls in the BellSouth ® Charter Intrastate promotion (the " Promotion " ) . Customer represents and warrants that Customer has signed a new or renewal , 1 year or longer, BellSouth ® Business Class Family of Services Agreement (the " Services Agreement") . This Promotion cannot be combined with certain other promotions and cannot be combined with any Customized Pricing Arrangement (" CPA") , unless otherwise stated in the CPA. This Promotion is only available in the following states : Alabama , Florida , Georgia , Kentucky, Louisiana , Mississippi , North Carolina , South Carolina and Tennessee. Provided Customer has a BellSouth® Business Class Family Services Agreement in effect for Services purchased under this Promotion , Customer will receive the following pricing : • An additional 8 % discount will be applied to intrastate inbound and outbound voice usage , including calling card usage and surcharges • This discount will be applied after application of the standard term discounts This Promotion is subject to and controlled by the provisions of the Governing Document(s) applicable to the Promotion -eligible Services purchased under the Services Agreement. Any modification (s) , interlineation (s ) , addition (s) supplement(s ) and/or other change(s) to this Term Sheet by Customer will render this Term Sheet null and void . This Promotion is coterminous with and incorporated by reference into the Services Agreement. All capitalized terms not defined herein shall have the meaning ascribed to them in the Services Agreement. To be eligible for this Promotion , Customer must execute the Services Agreement, acknowledging enrollment in this Promotion , no later than September 30 , 2003 . This Promotion shall apply to eligible services ordered under the Services Agreement, provided that at least one such eligible service is installed and activated by November 30 , 2003 . Customer Name : Indian River County Quote #: 030501448 v 1 . 1 03/03 PRIVATE/PROPRIETARY No disclosure outside BellSouth and customer except by written agreement. r Promo Code : BLITZ% Promo Code : INTRAS% BellSouth® Over the Top 5 % CPA Enrollment Form BellSouth® Business Class Family of Services ACCOUNT INFORMATION : CONTACT INFORMATION : Company Name : Indian River County Customer Contact Name : Terry Smith Street : 1840 25th Street Customer Contact Phone : 772 - 567 - 8000 Street 2 : Account Executive : Nancy Vinez City , State , Zip : Vero Beach , FL 33483 Account Executive Phone : 561 - 640 - 6668 The customer identified above ( the " Customer " ) hereby enrolls in the BellSouth® Over the Top 5 % Discount customized pricing arrangement ( the " CPA" ) . Customer represents and warrants that Customer has signed a minimum $ 100 MMC BellSouth® Business Class Family of Services Agreement ( the " Services Agreement " ) . Existing BBCFS customers are not eligible . This CPA cannot be combined with certain other promotions and cannot be combined with any other CPA . Eligible Customers subscribing to this CPA will receive the following benefits : • An additional 5 % discount will be applied to intrastate , interstate and international inbound and outbound voice usage , including calling card usage and surcharges o The intrastate voice usage discount component of this CPA is only available in the following states : Alabama , Florida , Georgia , Kentucky , Louisiana , Mississippi , North Carolina , South Carolina and Tennessee o These discounts will apply in addition to other eligible promotional discounts o The 5 % discount will be applied after the application of any standard volume and term discounts and after any other eligible promotional discount ( s ) This CPA is subject to and controlled by the provisions of the Governing Document ( s ) applicable to the discount - eligible Services purchased under the Services Agreement . Any modification ( s ) , interlineation ( s ) , addition ( s ) supplement ( s ) and / or other change ( s ) to this Enrollment Form by Customer shall render this CPA null and void . This CPA is coterminous with and incorporated by reference into the Services Agreement . In order to receive and retain the benefits of this CPA , Services ordered must remain installed and utilized by the Customer for the full duration of the contracted term . All capitalized terms not defined herein shall have the meaning ascribed to them in the Services Agreement . To be eligible for this CPA , Customers must execute the Services Agreement , acknowledging enrollment in this CPA , no later than September 30 , 2003 , This CPA shall apply to eligible Services ordered under the Services Agreement , provided that at least one such eligible Service is installed and activated by November 30 , 2003 . Company Name : 9nneth ' rflZiver C BellSouth Lon n e . Signature: Signature : e N Printed Name : R . MdCht Printed Name : r- Title : Chairman Title : Date: August 19 , 2003 Date : Indin Rirar Co Approved Date AdmlrL p l3 Legal Budget I lip/ 3 p PRIVATE/PROPRIETARY Dept " No disclosure outside BellSouth and Customer except by writte uF;pnMjf . v1 . 3 4 / 03