AT&T Service Order Attachment for Voice/Data Services between AT&T Corp. and ACT Teleconferencing Services Inc.
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This agreement is between AT&T Corp. and ACT Teleconferencing Services Inc. for the provision of various voice and data telecommunication services, including network, conferencing, and related services. It is an attachment to a previously signed Master Agreement and outlines the terms, service scope, and liability limits for these services. Both parties agree to the terms by signing, and the agreement references applicable tariffs and service guides. The agreement also specifies the order of priority for resolving any inconsistencies among the documents.
EX-10.29 7 a2064954zex-10_29.txt EXHIBIT 10.29 AT&T MA Reference No. 10027 AT&T SERVICE ORDER ATTACHMENT -- VOICE/DATA SERVICES COVER PAGE
This Service Order Attachment (including its addenda, if any) is an Attachment to the Master Agreement between Customer and AT&T dated June 22, 2001 and is an integral part of that Agreement. The Attachment and the underlying Applicable Tariffs, as amended from time to time, apply to the AT&T domestic interstate and international Services ordered under this Attachment. The Master Agreement also applies to the domestic interstate Services. When the AT&T International Services are detariffed, they will also be covered by the Master Agreement. In addition, for such domestic services, Section 9.2(iv) of the Master Agreement shall read as follows: "FOR DAMAGES OTHER THAN THOSE SET FORTH ABOVE AND NOT EXCLUDED UNDER THIS AGREEMENT OR ANY ATTACHMENT, EACH PARTY'S LIABILITY SHALL BE LIMITED TO PROVEN DIRECT DAMAGES NOT TO EXCEED PER CLAIM (OR IN THE AGGREGATE DURING ANY TWELVE (12) -MONTH PERIOD) AN AMOUNT EQUAL TO THE TOTAL NET PAYMENTS PAYABLE BY YOU FOR THE APPLICABLE SERVICE UNDER THIS ATTACHMENT DURING THE THREE (3) MONTHS PRECEDING THE MONTH IN WHICH THE DAMAGE OCCURRED. THIS SECTION 9.2(iv) SHALL NOT LIMIT YOUR RESPONSIBILITY FOR THE PAYMENT OF ANY AND ALL PROPERLY DUE CHARGES UNDER THIS AGREEMENT." The order of priority in the event of inconsistency among terms shall be the Attachment, then the Master Agreement, and then the Applicable Tariffs. In the event this Attachment is executed after detariffing of services provided herein, references to "Applicable Tariffs" will be construed as references to the non-tariffed successor to the Applicable Tariffs known as the AT&T Service Guide at http://www.att.com/serviceguide/business CUSTOMER HEREBY PLACES AN ORDER FOR:
- -------------------------------------------------------------------------------- SIGNATURE BELOW BY YOUR AUTHORIZED REPRESENTATIVE IS YOUR CONSENT TO THE TERMS AND CONDITIONS OF THIS SERVICE ORDER ATTACHMENT. - -------------------------------------------------------------------------------- CUSTOMER: ACT Teleconferencing AT&T CORP. Services Inc. By: /s/ Gene Warren By: /s/ R.J. Pallseno ------------------------------------- -------------------------------- (Authorized Signature) (Authorized Signature) Gene Warren R.J. Pallseno - ---------------------------------------- ------------------------------------ (Typed or Printed Name) (Typed or Printed Name) COO District Manager - ---------------------------------------- ------------------------------------ (Title) (Title) 3-6-01 3/15/01 - ---------------------------------------- ------------------------------------ (Date) (Date) ACT Teleconferencing WK-27881 02/26/01 9:24 AM AT&T COMMUNICATIONS CONTRACT TARIFF NO. WK-27881 Adm. Rates and Tariffs Original Title Page Bridgewater, NJ 08807 Issued: Iii Effective: Eee ** All material on this page is new. ** CONTRACT TARIFF NO. WK-27881 TITLE PAGE This Contract Tariff applies to AT&T Software Defined Network Services; AT&T Concert Virtual Network Service; AT&T Concert Inbound Service, AT&T 800 Services; AT&T Private Line Services; AT&T InterSpan Frame Relay Service; AT&T International Satellite Service; AT&T Local Channel Services; AT&T Conference Services and Switched Video Conferencing Services for interstate or foreign communications in accordance with the Communications Act of 1934, as amended. Telecommunication services provided under this Contract Tariff are furnished by means of wire, radio, satellite, fiber optics, or any suitable technology or combination of technologies. ACT Teleconferencing WK-27881 02/26/01 9:24 AM AT&T COMMUNICATIONS CONTRACT TARIFF NO. WK-27881 Adm. Rates and Tariffs Original Page 1 Bridgewater, NJ 08807 Issued: Iii Effective: Eee ** All material on this page is new. ** CONTRACT TARIFF NO. WK-27881 CHECK SHEET The Title Page and Pages 1 through 20 inclusive of this tariff are effective as of the date shown. TABLE OF CONTENTS
LIST OF CONCURRING, CONNECTING AND OTHER PARTICIPATING CARRIERS Concurring Carriers - NONE Connecting Carriers - NONE Other Participating Carriers - NONE EXPLANATION OF SYMBOLS - Coding of Tariff Revisions Revisions to this tariff are coded through the use of symbols. These symbols appear in the right margin of the page. The symbols and their meanings are: R - to signify reduction. I - to signify increase. C - to signify changed regulation. T - to signify a change in text but no change in rate or regulation. S - to signify reissued matter. M - to signify matter relocated without change. N - to signify new rate or regulation. D - to signify discontinued rate or regulation. Z - to signify a correction. Other marginal codes are used to direct the tariff reader to a footnote for specific information. Codes used for this purpose are lower case letters of the alphabet, e.g., x, y and z. These codes may appear beside the page revision number in the page header or in the right margin opposite specific text. ACT Teleconferencing WK-27881 02/26/01 9:24 AM AT&T COMMUNICATIONS CONTRACT TARIFF NO. WK-27881 Adm. Rates and Tariffs Original Page 2 Bridgewater, NJ 08807 Issued: Iii Effective: Eee ** All material on this page is new. ** TRADEMARKS AND SERVICE MARKS - The following marks, to the extent if any, used throughout this tariff, are trademarks and service marks of AT&T Corp. Trademarks Service Marks ---------- ------------- None ACCUNET DATAPHONE InterSpan MEGACOM OneNet READYLINE USADirect EXPLANATION OF ABBREVIATIONS Adm. - Administrator CISD - Customer's Initial Service CT - Contract Tariff GMUC - Gross Monthly Usage Charges GSDN - Global Software Defined Network IOCs - Inter Office Channels kbps - kilobits per second MARC - Minimum Annual Revenue Commitment Mbps - Megabits per second OneNet - Software Defined Network Integrated Outbound and Inbound Optional Discount Plan SDN - Software Defined Network GENERAL PROVISIONS I. TERM START DATE AND CUSTOMER'S INITIAL SERVICE DATE - For the Services Provided under this Contract Tariff, the date on which the term of this Contract Tariff begins is referred to as the Term Start Date (TSD), which shall be the first day of the Customer's 1st full billing month following the Customer's Initial Service Date (CISD) for the AT&T SDN Services/AT&T 800 Services. The rates and discounts specified in this Contract Tariff will apply commencing at the CISD. For AT&T SDN Services/AT&T 800 Services and associated AT&T Terrestrial 1.544 Mbps Local Channel Services and AT&T Concert VNS, Concert Inbound Service and AT&T Conference Services the CISD can be no sooner, but can be later, than: (1) the first day of the first full billing month following the later of the Contract Tariff Effective Date (CTED) or the date on which AT&T accepts the Customer's order for the Services Provided hereunder ("Acceptance Date"), when the later of such dates is on or before the 10th of a month, or (2) the first day of the second full billing month following the later of the CTED or the Acceptance Date, when the later of such dates is after the 10th of a month. For AT&T Private Line Services, AT&T InterSpan Frame Relay Service, AT&T International Satellite Service and AT&T Local Channel Services, that CISD is the date that the Customer begins service under this Contract Tariff. ACT Teleconferencing WK-27881 02/26/01 9:24 AM AT&T COMMUNICATIONS CONTRACT TARIFF NO. WK-27881 Adm. Rates and Tariffs Original Page 3 Bridgewater, NJ 08807 Issued: Iii Effective: Eee ** All material on this page is new. ** CONTRACT TARIFF NO. WK-27881 1. SERVICES PROVIDED A. AT&T Software Defined Network (SDN) Services (AT&T Tariff B.C.C. No. 1) B. AT&T Concert Virtual Network Service (Concert VNS) and Concert Inbound Service (Concert IS) (AT&T Tariff F.C.C. No. 1) C. AT&T 800 Services (AT&T Tariff F.C.C. Nos. 2 and 14) D. AT&T Private Line Services (AT&T Tariff F.C.C. No. 9) The International AT&T Private Line Services to Canada and Mexico consist of IOCs and associated components which include office Functions, Office Connections and Channel Options. E. AT&T InterSpan Frame Relay Service (FRS) (AT&T Tariff F.C.C. No. 4) F. AT&T International Satellite Service (AT&T Tariff F.C.C. No. 7) G. AT&T Local Channel Services (AT&T Tariff F.C.C. No. 11) H. AT&T Conference Services (AT&T Tariff F.C.C. No. 1) I. Switched Video Conferencing Services (AT&T Tariff F.C.C. No. 4) The Customer must identify with each order for AT&T Conference Services and Switched Video Conference Services that such services are to be provided under this Contract Tariff. 2. CONTRACT TERM; RENEWAL OPTION - The term of this Contract Tariff (CT) is three years. This CT may be renewed in its entirety for an additional 1 year period at the rates, terms and conditions then in effect under this CT, provided AT&T receives in writing, the Customer's order to renew at least 45 days prior to the last day of the initial term. 3. MINIMUM COMMITMENTS/CHARGES A. MINIMUM ANNUAL REVENUE COMMITMENT - The Minimum Annual Revenue Commitment (MARC for the AT&T Services provided under this CT is as follows: CT TERM YEAR YEAR 1 YEAR 2 YEAR 3 MARC $30,000,000 $30,000,000* $30,000,000* * or 90% of the previous year's total of the actual MARC-eligible Charges, whichever is greater. ACT Teleconferencing WK-27881 02/26/01 9:24 AM AT&T COMMUNICATIONS CONTRACT TARIFF NO. WK-27881 Adm. Rates and Tariffs Original Page 4 Bridgewater, NJ 08807 Issued: Iii Effective: Eee ** All material on this page is new. ** 3.A. MINIMUM ANNUAL REVENUE COMMITMENT (CONTINUED) The MARC will be satisfied by the "MARC-eligible charges" which are the total of the following charges: (1) Gross Monthly Usage Charges (GMUC) as specified in the SDN Integrated Outbound and Inbound Option Discount Plan (OneNet) in AT&T Tariff F.C.C. No. 1, as amended from time to time (including undiscounted recurring charges for AT&T SDN Services Optional Features, AT&T 800 Services Optional Features and AT&T Advanced 800 Service) Concert Virtual Network Service (foreign to U.S.) and Concert Inbound Service GMUCs for the services provided under this CT; (2) the undiscounted recurring charges incurred by the Customer for Concert Virtual Network Service and Concert Inbound Service; (3) the undiscounted recurring charges incurred by the Customer for Digital Service Volume Pricing Plan (DSVPP)-eligible Service Components; (4) the undiscounted recurring charges incurred by the Customer for the following AT&T International Private Line services: International Full Channel Service-Overseas-Overseas Cable Digital Channels, Voice Grade Private Line Service-Overseas Half Channels-International ACCUNET Digital Services-Half Channels; (5) the undiscounted recurring Charges for AT&T International Satellite shared Earth Station Service-Half Channel; (6) the GMUCs for the AT&T Conference Services consisting of the following: Audio-Teleconference Bridge-Dial-Out Conference-Domestic and International, Meet-Me Bridge Arrangement Options 2 and 3-Domestic and International, AT&T Event TeleConference Service-Domestic and International (including charges for AT&T Conference Services Optional Features as agreed to by AT&T and the Customer); (7) usage charges for Switched Video Conferencing Services; AT&T COMMUNICATIONS CONTRACT TARIFF NO. WK-27881 Adm. Rates and Tariffs Original Page 5 Bridgewater, NJ 08807 Issued: Iii Effective: Eee ** All material on this page is new. ** 3.A. MINIMUM ANNUAL REVENUE COMMITMENT (continued) (8) AT&T Wireless Service (AWS) ordered under a separate contract between the Customer and AT&T through the Corporate Digital Advantage (CDA) Program, in approved AWS Markets only, limited to the following: (a) Detail Billing Charges, (b) charges for additional Cellular Service features (excluding enhanced features), (c) one-time charges for Service Activation, conversion and charges for changing rate plans, (d) Monthly Access Charges, (e) Home Airtime Charges, (f) Roaming Airtime Charges (and roaming surcharges) incurred while roaming in AWS Markets, (g) AT&T 10288 Cellular Long Distance calls associated with the CDA program; (9) the undiscounted recurring charges incurred by the Customer for AT&T ACCU-Ring Network Access Service which have been ordered under a separate contract between the Customer and AT&T, excluding Special Construction Charges and Individual Case Basis contracts; and (10) alternative communications capabilities, which have been ordered under a separate contract between the Customer and AT&T and which have been mutually designated in writing by the parties prior to or during the term of this Contract Tariff. If, on any anniversary of the TSD, the Customer has failed to satisfy the MARC, the Customer will be billed a shortfall charge in an amount equal to the difference between the MARC and the total of the actual MARC-eligible charges incurred for that year. 4. CONTRACT PRICE - AT&T reserves the right to increase from time to time the rates for the Services Provided under this CT, regardless of any provisions in this CT that would otherwise stabilize rates or limit rate increases, relating to charges imposed on AT&T stemming from an order, rule or regulation of the Federal Communications Commission or a court of competent jurisdiction, concerning: (i) payphone use charges, and (ii) presubscribed interexchange carrier charges ("PICCs"). AT&T will make rate adjustments under this provision as necessary. A. The Contract Price for the AT&T Services provided under this CT is the same as the undiscounted Recurring and Nonrecurring Rates and Charges specified in AT&T Tariffs listed in Section 1., preceding, as amended from time to time except for those Rates specified in Section 7., following. AT&T COMMUNICATIONS CONTRACT TARIFF NO. WK-27881 Adm. Rates and Tariffs Original Page 6 Bridgewater, NJ 08807 Issued: Iii Effective: Eee ** All material on this page is new. ** 5. DISCOUNTS - The following discounts are the only discounts for the Services Provided under this Contract Tariff. No other discounts apply. A. AT&T SDN SERVICES/AT&T 800 SERVICES - The Customer will receive the following discounts, each month, in lieu of those provided by the OneNet Discount Option Plan. These discounts will be applied in the same manner as the OneNet Discount Option Plan as specified in AT&T Tariff F.C.C. No. 1, as amended from time to time.
B. AT&T CONCERT VNS SERVICES (U.S. to Foreign) - The Customer will receive the following discounts each month. This discount is in lieu of any other discounts for the same services.
ACT Teleconferencing WK-27881 02/26/01 9:24 AM AT&T COMMUNICATIONS CONTRACT TARIFF NO. WK-27881 Adm. Rates and Tariffs Original Page 7 Bridgewater, NJ 08807 Issued: Iii Effective: Eee ** All material on this page is new. ** 5. DISCOUNTS (CONTINUED) C. AT&T CONCERT VNS SERVICES (FOREIGN TO U.S.) - The Customer will receive the following discounts each month. This discount is in lieu of any other discounts for the same services.
D. AT&T CONCERT INBOUND SERVICE (U.S. TO FOREIGN AND FOREIGN TO U.S.) - The Customer will receive the following discounts each month. This discount is in lieu of any other discounts for the same services.
E. AT&T PRIVATE LINE, AT&T LOCAL CHANNEL SERVICES AND AT&T INTERSPAN FRAME RELAY SERVICE - The Customer will receive the following discounts, each month, in lieu of any other discounts. These discounts will be applied to the undiscounted recurring charges for Digital Services Volume Pricing Plan (DSVPP)-eligible service components in service under this CT. These discounts will be applied in the same manner as the DSVPP discounts as specified in AT&T Tariff F.C.C. Nos. 4, 9 and 11, as amended from time to time. 1. AT&T INTERSPAN FRAME RELAY SERVICES - The Customer will receive a discount of 17.0%, each month. ACT Teleconferencing WK-27881 02/26/01 9:24 AM AT&T COMMUNICATIONS CONTRACT TARIFF NO. WK-27881 Adm. Rates and Tariffs Original Page 8 Bridgewater, NJ 08807 Issued: Iii Effective: Eee ** All material on this page is new. ** 5.E. AT&T PRIVATE LINE, AT&T LOCAL CHANNEL SERVICES AND AT&T INTERSPAN FRAME RELAY SERVICE (CONTINUED) 2. AT&T PRIVATE LINE AND AT&T LOCAL CHANNEL SERVICES
* Includes AT&T Tariff F.C.C. No. 9 Canada and Mexico Services F. AT&T AVA/UTA TERRESTRIAL 1.544 MBPS LOCAL CHANNEL - The Customer will receive the following discount, each month, on the Monthly Recurring Charges for AT&T Terrestrial 1.544 Mbps Local Channels which are in lieu of the discounts specified in Section 5.C.2, preceding.
G. AT&T INTERNATIONAL SATELLITE AND INTERNATIONAL AT&T PRIVATE LINE SERVICES - The Customer will receive the following discounts, each month, which are lieu of any other discounts.
ACT Teleconferencing WK-27881 02/26/01 9:24 AM AT&T Communications CONTRACT TARIFF NO. WK-27881 Adm. Rates and Tariffs Original Page 9 Bridgewater, NJ 08807 Issued: Iii Effective: Eee ** All material on this page is new. ** 5. DISCOUNTS (CONTINUED) H. ADDITIONAL INTERNATIONAL DISCOUNTS - If the Customer's International Private Line and Canada/Mexico Private Line Services undiscounted recurring charges are at least $100,000 per month, the customer will receive an additional 2% discount on the total discounted recurring charges on amounts between $100,000 and $250,000 for the following services: SERVICE COMPONENTS International Full Channel Service - Overseas International Voice Grade Private Line Service - Overseas Half Channel International ACCUNET Digital Services - Half Channel ACCUNET T1.5 Service - Canada/Mexico ACCUNET T45 Service - Canada/Mexico International ACCUNET 2.048 Mbps Mexico AT&T SONET T155 Service - Canada/Mexico ASDS - Canada/Mexico 64 kbps and below ASDS - Canada/Mexico 128 kbps and above International DDS - Canada International DDS - Mexico No Additional Discount will apply if the Customer's total International Private Line and Canada/Mexico Private Line Services undiscounted recurring charges exceed $250,000 in any month. I. AT&T CONFERENCE SERVICES - None. 6. CLASSIFICATIONS, PRACTICES AND REGULATIONS A. Except as otherwise provided in this CT, the rates and regulations that apply to the Services Provided specified in Section 1., preceding, are as set forth in the Applicable AT&T Tariffs that are referenced in Section 1., preceding, as such tariffs are amended from time to time. B. MONITORING CONDITIONS - None. ACT Teleconferencing WK-27881 02/26/01 9:24 AM AT&T Communications CONTRACT TARIFF NO. WK-27881 Adm. Rates and Tariffs Original Page 10 Bridgewater, NJ 08807 Issued: Iii Effective: Eee ** All material on this page is new. ** 6. CLASSIFICATIONS, PRACTICES AND REGULATIONS (CONTINUED) C. PROMOTIONS, CREDITS AND WAIVERS - The Customer is ineligible for any promotions, credits or waivers for the Services Provided under this CT, which are filed or which may be filed in the AT&T Tariffs specified in Section 1., preceding. The following credits and waivers will be applied to the Customer's bill subject to the following limitations: (1) all credits and waivers apply only to the Services Provided under this CT and as specified below; (2) any waiver not applied by the end of the CT will be null and void; (3) installation and monthly charge waivers apply only to new service components (unless otherwise specified below) and do not apply to service components disconnected and reconnected after the CISD; (4) the service components must remain in service for a minimum retention period of 12 months (unless otherwise specified below); and (5) the credits/waivers under this section do not apply to Network Protective Service (NPC). If any of the installed service components are disconnected prior to the end of the minimum retention period, AT&T will bill the Customer for the amount of the charges that had been waived, or the amount of the credit that had been applied equal to installation charges under this section for each service component disconnected. Any such bill must be paid by the Customer within 30 days. The following charges, as specified in the AT&T Tariffs listed in Section 1., preceding, as amended from time to time, are waived. 1. NONRECURRING CHARGES (a) The SDN Service Establishment Charge, not to exceed $10,000 over the CT Term. (b) The Installation Charge for Primary Rate Interface (PRI) Office Functions. (c) NETWORK REMOTE ACCESS (NRA) OPTIONS: The nonrecurring Installation Charges for NRA I, II, and IV. (d) CALL SCREENING: The nonrecurring Installation Charges for the 2nd, 3rd and 4th Caller Groups, and for the 2nd, 3rd and 4th Screening Groups. (e) The Installation Charges for DSVPP-eligible service components and associated Functions Connections, and those Local Channels specified in Section 5.F., preceding. If ACCUNET SONET T155 Service and SONET OC12 Service IOC and Multiplexing Office Function service components are not in service for 12 months, the Customer will also be billed the termination charges as specified in AT&T Tariff F.C.C. No. 9, as amended from time to time. ACT Teleconferencing WK-27881 02/26/01 9:24 AM AT&T COMMUNICATIONS CONTRACT TARIFF NO. WK-27881 Adm. Rates and Tariffs Original Page 11 Bridgewater, NJ 08807 Issued: Iii Effective: Eee ** All material on this page is new. ** 6.C. PROMOTIONS, CREDITS AND WAIVERS (CONTINUED) 2. RECURRING CHARGES (a) 75% of the recurring Monthly Charge for new and existing PRI Office Functions. (b) The recurring Monthly Charges for the following AT&T Tariff F.C.C Nos. 9 and 11 Services associated with the AT&T Terrestrial 1.544 Mbps and 9.6/56/64 kbps ACCUNET GDA Local Channel Services provided under this CT, provided such service components are associated directly with the new and existing Services provided under this CT: (1) ACCUNET T1.5/ASDS Access Connections, (2) associated Access Coordination Functions (3) ACCUNET T1.5 M-24 Multiplexing Office Functions. There is no minimum retention period associated with this waiver. (c) The recurring Monthly Charges for the following new and existing service components: (1) ACCUNET T45 Access Connections; (2) ACCUNET T45 M-28 Multiplexing Office Functions; and (3) Access Coordination Functions associated with AT&T Terrestrial 45 Mbps Local Channels provided under this CT. There is no minimum retention period associated with this waiver. (d) ALTERNATE DESTINATION ROUTING (ADR): The $20.00 per 800 number Monthly Charge. There is no minimum retention period associated with this waiver. (e) 800 NEXT AVAILABLE AGENT: The $10.00 per 800 number Minimum Monthly Usage Charge requirement. There is no minimum retention period associated with this waiver. 3. RECURRING, NONRECURRING AND USAGE CHARGES (a) SPLIT ACCESS FLEXIBLE EGRESS ROUTING (SAFER): For AT&T SDN Services, the per primary SDN central office Special Access Line Grouping nonrecurring Installation Charge is waived for no more than 500 Special Access Line Groupings, and the recurring Monthly Charge per AT&T Terrestrial 1.544 Local Channel or equivalent at the primary SDN central office is waived for the first 6 full billing months. For AT&T MEGACOM 800 Services, the nonrecurring Installation Charge per 800 Number per Customer Location is waived for no more than 500 800 numbers. (b) UNDER THE ROUTING PLAN OPTION: The $25.00 per 800 number Monthly Charge is waived. The customer is responsible for the $25.00 nonrecurring Installation Charge, for each installation or change per 800 number. ACT Teleconferencing WK-27881 02/26/01 9:24 AM AT&T COMMUNICATIONS CONTRACT TARIFF NO. WK-27881 Adm. Rates and Tariffs Original Page 12 Bridgewater, NJ 08807 Issued: Tii Effective: Eee ** All material on this page is new. ** 6.C. PROMOTIONS, CREDITS AND WAIVERS (CONTINUED) 4. CREDITS (a) AT&T will apply a credit equal to the installation charges, as specified in AT&T Tariff F.C.C. No. 11, as amended from time to time, for the installation of new AT&T Terrestrial 1.544 Mbps Local Channels subscribed to under an AVP, AVA, AVA/UTA. (b) AT&T will apply a credit equal to the installation charges, as specified in AT&T Tariff F.C.C. No. 11, as amended from time to time, for the installation of new AT&T Terrestrial 45 Mbps Local Channels subscribed to under an AVP. (c) AT&T will apply a credit against charges billed under this CT equal to the installation charges incurred by the Customer for AT&T Regional Frame Relay Service DSVPP-eligible service components during the CT Term. D. DISCONTINUANCE - In lieu of any Discontinuance With or Without Liability provisions that are specified in the AT&T Tariffs referenced in Section 1., preceding, the following provisions shall apply. The Customer may discontinue this CT prior to the end of the CT Term, provided the Customer replaces this CT with other AT&T Services or another AT&T CT for AT&T Tariffed Interstate Services having: (i) an equal or greater new annualized MARC for the "MARC-eligible Services" specified in Section 3., preceding, and (ii) a new term equal to or greater than the remaining term, but not less than 3 years. The Customer will also be billed a Shortfall Charge equal to the difference between (1) the prorated MARC for the year in which the customer discontinues and (2) the total of the actual MARC-eligible charges incurred for that year, provided the amount in (2) is less than the amount in (1). If the Customer discontinues this CT for any reason other than specified above, prior to the expiration of the CT Term, a Termination Charge will apply. The Termination Charge will be an amount equal to 35% of the unsatisfied MARC for the year in which the Customer discontinues this CT and 35% of the MARC for each year remaining in the CT Term. E. OTHER REQUIREMENTS - Not Applicable. F. AVAILABILITY - This Contract Tariff is available only to Customers who: (1) concurrently order this CT only once, either by the Customer or an Affiliate of the Customer, which is any entity that owns a controlling interest in either the Customer or an Affiliate of the Customer, or any entity in which a controlling interest is owned by either the Customer or an Affiliate of the Customer; and (2) order service within 30 days after the affective date of this CT for initial installation of the Services Provided under this CT within 30 days after the date ordered. ACT Teleconferencing WK-27881 02/26/01 9:24 AM AT&T COMMUNICATIONS CONTRACT TARIFF NO. WK-27881 Adm. Rates and Tariffs Original Page 13 Bridgewater, NJ 08807 Issued: Iii Effective: Eee ** All material on this page is new. ** 7. RATES A. SDN RATE SCHEDULES - The rates listed below apply for all Mileages & Bands and for all rate periods. These rates are stabilized for the CT Term.
B. AT&T 800 SERVICE RATE SCHEDULES - The rates listed below apply for all Service Areas and for all rate periods. These rates are stabilized for the CT Term.
ACT Teleconferencing WK-27881 02/26/01 9:24 AM AT&T COMMUNICATIONS CONTRACT TARIFF NO. WK-27881 Adm. Rates and Tariffs Original Page 14 Bridgewater, NJ 08807 Issued: Iii Effective: Eee ** All material on this page is new. ** 7. RATES (CONTINUED) C. AT&T MEGACOM 800 SERVICE-INTERNATIONAL AND AT&T 800 READYLINE SERVICE-INTERNATIONAL - The following rates are stabilized for the CT Term. 1. RATE SCHEDULE FOR AT&T MEGACOM 800 SERVICE-CANADA
2. RATE SCHEDULE FOR AT&T 800 READYLINE SERVICE-CANADA
3. RATE SCHEDULE FOR AT&T MEGACOM 800 SERVICE-MEXICO
ACT Teleconferencing WK-27881 02/26/01 9:24 AM AT&T COMMUNICATIONS CONTRACT TARIFF NO. WK-27881 Adm. Rates and Tariffs Original Page 15 Bridgewater, NJ 08807 Issued: Iii Effective: Eee ** All material on this page is new. ** 7.C. AT&T MEGACOM 800 Service-International and AT&T 800 READYLINE Service-International (continued) 4. RATE SCHEDULE FOR AT&T 800 READYLINE SERVICE-MEXICO
5. USAGE RATES FOR AT&T MEGACOM 800 SERVICES-OVERSEAS AND AT&T 800 READYLINE SERVICES-OVERSEAS
ACT Teleconferencing WK-27881 02/26/01 9:24 AM AT&T COMMUNICATIONS CONTRACT TARIFF NO. WK-27881 Adm. Rates and Tariffs Original Page 16 Bridgewater, NJ 08807 Issued: Iii Effective: Eee **All material on this page is new.** 7. RATES (CONTINUED) D. INTERNATIONAL CALLING CAPABILITY - Following are the AT&T SDN International Calling Capability Usage Rates to the Countries listed below, applicable under this CT. These rates are stabilized for the CT Term. 1. U.S. MAINLAND USAGE RATES - The following schedules are used to rate calls between stations in the U.S. Mainland and stations in the country/area specified below. Rates apply for all days of the week including holidays and apply to all rate periods. Unless otherwise specified, the Initial Period (IP) is 18 seconds, or fraction thereof, and the Additional Period (AP) is 6 seconds, or fraction thereof. (a) CANADA RATE SCHEDULE - This schedule applies to Customer Dialed calls to stations in Canada using dedicated and switched access.
ACT Teleconferencing WK-27881 02/26/01 9:24 AM AT&T COMMUNICATIONS CONTRACT TARIFF NO. WK-27881 Adm. Rates and Tariffs Original Page 17 Bridgewater, NJ 08807 Issued: Iii Effective: Eee ** All material on this page is new. ** 7.D.1. U.S. MAINLAND USAGE RATES (CONTINUED) (b) MEXICO RATE SCHEDULES - These schedules apply to Customer Dialed calls to stations in Mexico using dedicated and switched access. I. MEXICO SCHEDULE 1 RATES - The following rates are for calls to the point of connection at the international boundary.
II. MEXICO SCHEDULE 2 RATES - The following rates apply to the Customer Dialed Stations (DS) calls (as defined in Section 24.1.2.B.2.(a) of AT&T Tariff F.C.C. No. 27) between the point of connection at the international boundary and the locations in Mexico. The Initial Period is 1 minute, or fraction thereof, and the Additional Period is 1 minute, or fraction thereof.
ACT Teleconferencing WK-27881 02/26/01 9:24 AM AT&T COMMUNICATIONS CONTRACT TARIFF NO. WK-27881 Adm. Rates and Tariffs Original Page 18 Bridgewater, NJ 08807 Issued: Iii Effective: Eee ** All material on this page is new. ** 7.D.1. U.S. MAINLAND USAGE RATES (CONTINUED) (c) OTHER COUNTRIES RATES - Dial Station using dedicated and switched access and apply for all rate periods. The Peak and Off-Peak time periods for the countries listed below are as specified in AT&T Tariff F.C.C. No. 1.
ACT Teleconferencing WK-27881 02/26/01 9:24 AM AT&T COMMUNICATIONS CONTRACT TARIFF NO. WK-27881 Adm. Rates and Tariffs Original Page 19 Bridgewater, NJ 08807 Issued: Iii Effective: Eee ** All material on this page is new. ** 7.D.1. U.S. MAINLAND USAGE RATES (CONTINUED) (d) MOBILE TERMINATION RATES
ACT Teleconferencing WK-27881 02/26/01 9:24 AM AT&T COMMUNICATIONS CONTRACT TARIFF NO. WK-27881 Adm. Rates and Tariffs Original Page 20 Bridgewater, NJ 08807 Issued: Iii Effective: Eee ** All material on this page is new. ** 7. RATES (CONTINUED) E. AT&T CONCERT VNS RATE SCHEDULES - The rates listed below apply for AT&T Concert VNS to the Countries listed below, applicable under this CT. The Peak and Off-Peak time periods for the countries listed below are as specified in AT&T Tariff F.C.C. No. 1. These rates are stabilized for the CT Term. SCHEDULE B - The following rate elements apply to calls from a station in the designated foreign country/area with dedicated access. The Initial Period (IP) is 6 seconds, or fraction thereof, and the Additional Period (AP) is 1 second, or fraction thereof:
SCHEDULE C - The following rate elements apply to calls from a station in the designated foreign country area with switched access. The Initial Period (IP) is 18 seconds, or fraction thereof, and the Additional Period (AP) is 1 seconds, or fraction thereof:
