ADDENDUM TO AGREEMENT FOR BILLING AND COLLECTION SERVICES
This Addendum to the Agreement for the Provision of Billing and Collection Services ("BCS Agreement"), dated January 1, 1997, by and between U S WEST Communications, Inc., a Colorado Corporation and Malheur Home Telephone Company, an Oregon corporation, (hereinafter referred to as "USWC") and U S WEST Long Distance, Inc., (hereinafter referred to as "Customer"), acting through their authorized representatives, is effective the 15th day of August, 1998.
FOR AND IN CONSIDERATION of the mutual promises and covenants hereinafter set forth, the parties agree as follows:
- SCOPE
Upon request by Customer, USWC will provide account information ("ASK") on Customer's end user accounts, as described in Supplement A, End User Account Information, attached hereto and made a part hereof, for Customer's PIC'd end users or for casual/random end users. For purposes of this Agreement, the term "casual/random end users" ("End User") shall mean an end user who occasionally made a call by dialing 10XXX or other dialing pattern. Customer agrees not to refer its End User customers to the ASK Unit under any circumstances. ASK consists only of factual account detail based on information in the USWC database and current at the time of Customer's call. Microfiche records will not be checked. Each call will be limited to three End User account requests.
The terms and conditions of the BCS Agreement shall apply except as modified herein. To the extent of any conflict or inconsistency between the BCS Agreement and this Addendum, the provision of this Addendum shall control. To the extent of any conflict or inconsistency between the BCS Agreement or this Addendum and any Supplement to this Addendum, the Supplement shall control.
- USE OF ASK
ASK is used for the provisioning of End User account information. ASK may be requested only by authorized employees of Customer. Customer effectuates ASK by dialing the ASK 800 number and providing Customer's ID and password to the ASK representative. Upon Customer's providing the applicable account number(s), the requested information is supplied to Customer. ASK is not available by fax or batch.
- RESTRICTIONS ON USE OF ASK
- Customer will not use ASK:
- For any purpose not described in this Agreement.
- To establish a database for resale purposes.
- For the purposes of marketing, selling, publishing, licensing, assigning (including call handlers and clearing agents), or releasing ASK.
- No End User or three-way calls are permitted.
- ASK is "Proprietary Information" as defined in the BCS Agreement.
- Customer shall not use non-published and non-listed information in violation of any tariff, state PUC rule or state or federal law limiting such use. In addition, non-published and non-listed telephone numbers shall not be disclosed by Customer to anyone other than its employees or agents with a need-to-know as required to fulfill its obligations under this Agreement. Customer may provide non-published and non-listed telephone numbers to agents only if it secures the agent's written Agreement to be bound by the terms of this Agreement.
- CHARGES
Customer agrees to pay USWC $4.00 per call for each call made by Customer to the ASK Unit. Twenty percent (20%) of Customer's monthly call volume for ASK will be free of charge for each month of ASK service. USWC reserves the right to modify charges for ASK upon thirty (30) day's notice to Customer.
- LIMITATION OF LIABILITY
USWC shall exercise best efforts to provide Customer accurate and complete ASK information. Notwithstanding Section X of the BCS Agreement, Limitation of Liability, USWC's liability, regardless of circumstances, is limited to the amount paid by Customer for ASK giving rise to a claim AND IN NO EVENT WILL EITHER PARTY BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOSS OF USE, LOSS OF PROFIT, OR ATTORNEYS' FEES.
- Miscellaneous
- This Addendum is effective on the date first mentioned above and shall continue on a month to month basis unless terminated by either party with thirty (30) days written notice to the other. However, in no event shall this Addendum remain in effect beyond the expiration date of the BCS Agreement.
- This Addendum, and any Supplements hereto, constitutes the entire understanding between the parties and supersedes all prior billing arrangements, oral or written representations, statements, negotiations, and proposals with respect to ASK services covered under this Addendum.
- Customer's failure to comply with this Addendum or any Supplements, or any State or Federal, legal or regulatory body shall constitute a breach of this Addendum.
- Either party shall have the right to cancel this Addendum immediately if the other party is in breach or default.
- Obligations accrued during the term of this Addendum, by either party to the other, shall survive its termination or cancellation.
- In the event any service covered by this Addendum is limited or prohibited by any applicable Federal, State, or Local laws; court orders; or agency orders, rules or regulations, both parties agree to comply with such Laws pursuant to Section XXV of the BCS Agreement.
IN WITNESS WHEREOF, the Parties hereto have caused this Addendum to be fully executed.
U S WEST Long Distance, Inc. | | U S WEST Communications, Inc. |
Kathy R. Stephens | | Carol Janousek |
Signed | | Signed |
Kathy R. Stephens | | Carol Janousek |
Name | | Name |
Vice-President | | Account Executive |
Title | | Title |
10-13-98 | | 10-15-98 |
Date | | Date |
| | Malheur Home Telephone |
| | Company |
| | Carol Janousek |
| | Signed |
| | Carol Janousek |
| | Name |
| | Account Executive |
| | Title |
| | 10-15-98 |
| | Date |
SUPPLEMENT A
ASK END USER ACCOUNT INFORMATION
Upon request by Customer, USWC will provide account information on Customer's End User accounts as outlined below:
GENERAL ACCOUNT DATA (All Carriers)
Customer Code
Dates Service was established or disconnected
Billing Name
Billing Address
Treatment History Codes
Related Accounts (Only if not Non-Pub) & Additional lines, RCF Numbers
Class of Service, Bus or Res Only
Reason for Disconnect
Verification of Inter-LATA Toll Restrictions, Yes or No
Verification of U S WEST Calling Card, dates issued or canceled
Calling Patterns (Inter-LATA only)
CARRIER SPECIFIC DATA (Carrier's Own Data)
Deposit Information
Payments
Adjustments
Entity Final Bill
Verification of Entity's Toll Restriction
OTHER (Available to PIC'd Carrier Only)
Credit Class
Previous Service Details
Order Activity (Completed Only)
Social Security Number
Notes
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