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Applicable to


Interstate and International Telecommunications
of Telecom Colombia USA, Inc.
7925 NW 12th St. Suite 106 Miami FL 33126

Table of Contents
Section 1 - Preliminary Statement
Section 2 - Applicability
Section 3 - Definitions
Section 4 - General Terms
Section 5 - Rates and Charges
Section 6 - Taxes and Surcharges
Section 7 - Undertaking of Company
Section 8 - Contracts or Agreements
Section 9 - Responsibilities of the Customer
Section 10 - Advance Payments
Section 11 - Notices
Section 12 - Rendering and Payment
Section 13 - Disputes
Section 14 - Cancellation of Service by Company
Section 15 - Cancellation of Service by Customer
Section 16 - Information to be Provided to the Public
Section 17 - Continuity of Service
Section 18 - Use of Service
Section 19 - Limitations of Service
Section 20 - Interconnection
Section 21 - Liability of the Company
Section 22 - Terms and Conditions

Section 1 - PRELIMINARY STATEMENT

1.1 This price list contains all effective rates and rules together with information relating and applicable to Telecom Colombia USA, Inc. By use of Company's services, Customer agrees to all terms, conditions, rates and charges contained herein.

1.2 Company is a resale interexchange common carrier providing 24-hour interstate and international long distance telecommunications service to Customers for their direct transmission and reception of voice and other types of communications.


Section 2 - APPLICABILITY

2.1 This price list contains the rates applicable to the provision of specialized interstate and international resale common carrier telecommunications services by Telecom Colombia USA, Inc.


Section 3 - DEFINITIONS
Account Code:

A 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.


Access Line:

A circuit used to carry long distance calls all or part way between Customer premises and the underlying Carrier's switches.


Authorization Code:

A numerical code, one or more of which are assigned to a Customer to enable Carrier to identify use of Service on the Customer's account and to bill the Customer accordingly. Multiple authorization codes may be assigned to a Customer to identify individual users or groups of users. Entitlement to any authorization code shall create no property or other right or interest in the use of any particular authorization code.


Authorized User:

A person, firm, corporation or any other entity authorized by the Customer to communicate, utilizing the Carrier's service.


Called Station:

The terminating point of a call (i.e., 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.


Company:

Telecom Colombia USA, Inc.


Commission:

The Federal Communications Commission.


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.


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.


Disconnect or Disconnection:

The termination of a circuit connection between the Originating Station and the Called Station or the Company's operator.


Holidays:

For the purposes of call rating, the Company observes the following holidays (as Federally observed): Thanksgiving Day, Christmas Day, New Years Day, Labor Day, & Independence Day.


Long Distance Resale Service:

Long Distance Resale Service is a public communications service for hire, which includes providing long distance service to Customers through the resale of leased lines and services provided by multiple other common carriers.


Measured Service:

The provision of long distance measured time communications telephone service to Customers who access the Company's service at its contracted interexchange carriers' switching and call processing equipment by means of access facilities obtained from local exchange common carrier(s). Company contracted interexchange carrier is responsible for arranging the access lines.


Originating Station:

The originating point of a call.


Point of Presence:

The point of physical interconnection between the local exchange company's local network and the interexchange carrier's network (“POP”).


Prepaid Calling Card Calls:

Calls for which charges are billed not to the originating telephone number, but to a Prepaid Calling Card.


Prepaid Services:

Prepaid Services are those services listed under Description of Services in the Rates and Charges section of this price list for which calls are placed using a Toll Free or Local Access number and the price of each call is deducted from the prepaid amount on the Customer's Prepaid Calling Card (i.e., Prepaid Calling Card Service and Phone Chatting Service).


User:

A person, firm corporation or other entity which contracts with Company for services offered by Company, as set forth in this price list, and is responsible for payment of regulated charges and compliance with the Company's price list.


V & H Coordinates:

Geographic Points which define the originating and terminating points of a call in mathematical terms so that the airline mileage of the call may be determined. Call mileage is used for the purpose of rating calls.


Section 4 – GENERAL TERMS

4.1 Usage is billed in sixty (60) second increments for the first minute of the call and in sixty (60) second increments thereafter, unless otherwise specified. 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 minimum length.


4.2 Rates and terms of service are subject to change on one (1) day notice. For purposes of this section notice, may be given by posting changes to this price list.


4.3 For Prepaid Calling Card Services, value stored on prepaid card expires 2 months after the date of card's first use.


Section 5 - RATES AND CHARGES
5.1 Description of Services

5.1.1 Prepaid Calling Card Service – is a switched access service available to Customers via a Toll Free Access number or Local Access number. The Customer may purchase a Prepaid Calling Card at a variety of retail outlets or through other distribution channels. After a call has been placed to the Toll Free or Local Access number, the caller is prompted by an automated voice response system to enter his/her account number, and then to enter the terminating telephone number. The total price of each call is deducted from the prepaid amount on the Customer's Prepaid Calling Card. Should the balance on the Card approach zero, the Caller is so advised, and, if desired, the Caller may enter a valid account number on a separate Prepaid Calling Card or, where applicable, may enter a valid commercial credit card number to continue the call. Customers may also add value to a Prepaid Calling Card by arranging to charge a credit card on a regular basis. If the account is not replenished, service will be blocked when no funds remain on the card.


5.2 International Rates and Charges
5.2.1 International Rate Schedules: Prepaid Calling Card Service
5.2.2 Non-Recurring Charges
(Reserved for future use)
5.3 Domestic Interstate Rates and Charges
5.3.1 Rates Per Minute

Outbound and Inbound services carry an initial and incremental billing minimum of no greater than one minute.


Prepaid Calling Card Service: Maximum rate $1.00/minute
5.3.2 Non-Recurring Charges
(Reserved for future use)


Section 6 - TAXES AND SURCHARGES
6.1 Applicable Taxes

6.1.1 In addition to the charges specifically pertaining to Company's services, Customer is responsible for payment of federal, state and local sales, use and excise taxes, and regulatory fees, where applicable. Such charges include, but are not limited to, the Universal Service Fund Surcharge and the Public Pay Telephone Surcharge. Certain surcharges are subject to change from time to time as ordered by the FCC.

6.1.2 Prepaid Service is subject to all applicable taxes imposed on the provision of telecommunications services. Taxes are not included in the rates and charges listed herein for Prepaid Service and will be debited from the prepaid calling card to the extent applicable law permits.

6.1.2.1 Public Pay Telephone Surcharge


In order to recover the Company's expenses and to comply with the FCC's pay telephone compensation plan (FCC CC Dkt. No. 96-128), a non-discountable per call charge is applicable to all completed dial-around calls which originate from public pay telephones. This surcharge is in addition to standard tariffed usage charges and any applicable service charges and surcharges. For Prepaid Services, the Public Pay Telephone Surcharge will be debited from the prepaid calling card.
The following charge is assessed on a per-completed call basis:
$0.70
6.2 Monthly Service Fee
(Reserved for future use)
6.3 Return Check Fee
(Reserved for future use)
Section 7 - UNDERTAKING OF COMPANY
7.1 Company's services are furnished for international and interstate telecommunications.
7.2 Intrastate calls are not permitted.
7.3 Company is a resale provider of interexchange telecommunications to Customers for their direct transmission and reception of voice, data, and other types of communications.
7.4 Company resells access, switching, transport and termination services provided by interexchange carriers.
7.5 Customer's charges for Company's service are based on the total time Customer actually uses the service. For billing purposes duration of each call will be rounded up in sixty (60) second increments unless otherwise specified.
7.6 Subject to availability, the Customer may use authorization codes to identify the users or user groups on an 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.
7.7 The Company's services are provided on a prepaid basis unless otherwise stated, and are available twenty-four (24) hours per day, seven (7) days per week.
7.8 The Services of Company are furnished to purchasers of Prepaid Calling Cards. The purchase of a card makes available to the purchasing Customer Company's nationwide services, including the international and interstate services offered under the terms and conditions of this price list.


Section 8 - CONTRACTS OR AGREEMENTS
(Reserved for future use)


Section 9 - RESPONSIBILITIES OF THE CUSTOMER
9.1 The Customer is responsible for compliance with the applicable regulations set forth in this price list.
9.2 The Customer is responsible for placing any necessary orders, for complying with price list regulations and for assuring that users comply with price list regulations. The Customer shall ensure compliance with any applicable laws, regulations, orders or other requirements (as they exist from time to time) of any governmental entity relating to services provided or made available by the Customer to other Customers.
9.3 The Customer is responsible for payment for use of Prepaid Calling Cards, including applicable taxes and surcharges. The Customer is also responsible for payment of charges for calls which the subscriber elects to continue following notification that the prepaid amount on the Prepaid Calling Card then in use has been fully used.
9.4 The security of a Customer's Authorization Codes for Prepaid Service is the responsibility of the Customer. All calls placed using Customer's Authorization Codes will be deducted from Customer's account.


Section 10 - ADVANCE PAYMENTS
10.1 For Prepaid Services, Company does not require or collect advance payments other than the purchase price of the card and any incremental value added after purchase.


Section 11 - NOTICES
11.1 Except for cancellation of service or as otherwise provided by these rules, any notice from any Customer may be given by the Customer or any authorized representative to the Company's business office orally or by written notice mailed to the Company's business office.


Section 12 - RENDERING AND PAYMENT
12.1 Payment for Prepaid Service is made in advance by Customer at the time Prepaid Service is initially purchased or replenished.
12.2 The Customer is responsible for the payment of ALL regulated undisputed charges for services. This applies to Customers where the provision of service by Carrier includes the use of authorization (access) codes. The Customer agrees to pay to Carrier ANY regulated undisputed cost incurred as a result of ANY DELEGATION OF AUTHORITY resulting in use of his/her authorization code.
12.3 Where a Customer, e.g., an employer, provides the use of authorization codes to his/her employees, or where the Customer, e.g., a family member, provides the use of authorization codes to his/her family relations or friend, guest, etc., the Customer agrees to pay to Carrier ANY regulated undisputed cost incurred as a result of the use of these authorization codes.


Section 13 - DISPUTES
13.1 Billing disputes should be addressed to Company's Customer Service Organization via telephone to (888) 969-0009. Customer Service is available twenty-four hours per day, seven days per week.
13.2 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 may request that the Company perform an in-depth review of the disputed amount.


Section 14 - CANCELLATION OF SERVICE BY COMPANY
14.1 Company reserves the right to immediately discontinue furnishing the service to Customers without incurring liability:
14.1.1 In the event of a condition determined to be hazardous to the Customer, to other Customers of the utility, to the utilities equipment, the public or to employees of the utility; or
14.1.2 By reason of any order or decision of a court or any other governmental authority which prohibits the Company from furnishing such service; or
14.1.3 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.
14.1.4 For unlawful use of the service or use of the service for unlawful purposes.
14.1.5 If the Customer provides false information to the Company regarding the Customer's identity, address, credit-worthiness, past, current or planned use of Company's services.
14.1.6 For violation of Company's price lists.
14.1.7 For the non-payment of any proper charge as provided by Company's price list.
14.1.8 For non-payment of any sum due Company for the use of Prepaid Calling Cards, or for non-payment of any sum due Company following full use of the prepaid amount on a Prepaid Calling Card.
14.1.9 For Customer's breach of the contract for service between the utility and Customer.
14.1.10 When necessary for the Company to comply with any order or request of any governmental authority having jurisdiction.
14.2 Company may disconnect service without notice for users of Prepaid Services.


Section 15 – CANCELLATION OF SERVICE BY CUSTOMER
(Reserved for future use)


Section 16 - INFORMATION TO BE PROVIDED TO THE PUBLIC
16.1 A copy of this price list will be available for public inspection in the Company's business office during regular business hours.


Section 17 - CONTINUITY OF SERVICE
(Reserved for future use)


Section 18 - USE OF SERVICE
18.1 Service may be used for the transmission of communications by the Customer.
18.2 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.
18.3 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 Company.


Section 19 - LIMITATIONS OF SERVICE
19.1 Service is offered subject to the availability of the necessary facilities and/or equipment and subject to the provisions of this price list. Company reserves the right not to provide service to or from a location where the necessary facilities or equipment are not available.
19.2 Company reserves the right to discontinue furnishing the service pursuant to Section 14.
19.3 Title to any and all facilities provided by Company under these regulations remains in Company's name.


Section 20 - INTERCONNECTION
20.1 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.
20.2 Interconnection between the facilities or services of other carriers shall be under the applicable terms and conditions of the other carriers' price lists. 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.


Section 21 - LIABILITY OF THE COMPANY
21.1 Liability of the Company for damages arising out of mistakes, omissions, interruptions, delays, errors or defects in the transmission occurring in the course of furnishing service, channel or other facilities and not caused by the negligence of the Customers, commences upon activation of service and in no event exceeds an amount equivalent to the proportionate charge to the Customer for the period or, in the case of Prepaid Service, dollar amount of service during which such mistakes, omissions, interruptions, delays, errors or defects in the transmission occur, or as otherwise determined in a court of law. For the purposes of computing such amount, a month is considered to have thirty (30) days.
21.2 Company shall provide a refund to any purchaser of a prepaid calling card or prepaid calling card services if the network services associated with that card or services fail to operate in a commercially reasonable manner. The refund shall be in an amount not less than the value remaining on the card or in the form of a replacement card and shall be provided to the Customer within sixty (60) days from the date of receipt of notification from the Customer that the card has failed to operate in a commercially reasonable manner.
21.3 In no event will Company be responsible for consequential damages or lost profits suffered by Customer on account of interrupted or unsatisfactory service unless Company is found to have been grossly negligent.
21.4 Company shall be indemnified and held harmless by the Customer against:
21.4.1 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
21.4.2 Claims for patent infringement arising from combining or connecting Company's facilities with apparatus and systems of the Customer; and
21.4.3 All other claims arising out of any act or omission of the Customer in connection with any service provided by Company.
21.5 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.
21.6 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.
21.7 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.
21.8 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 God: 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 any one or more of such instrumentalities or any one 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 price list to the contrary, the unlawful acts of the Company's agents and employees, if committed beyond the scope of their employment.
21.9 The Company shall not be liable for damages or adjustment, refund, 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, 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 California 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.
21.10 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 services. 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 of the Customer. Customer shall be fully liable for all such charges.
21.11 In the event the Company seeks to enforce the terms of this price list or to collect any moneys due hereunder or to collect money damages for customer's noncompliance with this price list or any breach of a service agreement between Customer and the Company, the Company shall be entitled to recover, in addition to any other remedy, reimbursement for attorney's fees, court costs, costs of investigation and other related expenses incurred in connection therewith.
21.12 The terms of this price list and service contract between the Company and the Customer shall inure to the benefit of the Company and its respective successors and assigns. The Customer shall not assign or transfer its rights or obligations without the prior written consent of the Company. The Company reserves the right to refuse any such assignment if it determines that such assignment: (1) may result in a violation of the Company's price list, service agreement, or policy; (2) is unreasonable; (3) may affect the timely payment of amounts owed to the Company; or (4) is otherwise not in the best interests of the Company.
21.13 Customer assumes all responsibility for risk of loss of prepaid cards. Company will not be liable for unauthorized use of prepaid cards and will not replace lost, damaged, stolen, or otherwise unusable prepaid cards.

Section 22 - Terms and Conditions
Telecom Colombia USA es una empresa dedicada a la prestación de servicios de telefonía de larga distancia creada desde el año 2000 y consagrada a prestar el mejor servicio de comunicación para llamadas internacionales desde Estados Unidos.

Al suscribirse al servicio de alerta sobre promociones, usted esta aceptando recibir mensajes vía SMS al numero de teléfono celular desde el cual usted se ha inscrito, con información sobre promociones y ofertas especiales que son de su interés. En esta campaña se enviará un máximo de 10 mensajes al mes. Los mensajes enviados y recibidos no tendrán un cargo extra, diferente del “cargo estándar” que cobra su operador por enviar y recibir mensajes desde y hacia su teléfono celular. En caso de que usted tenga un plan que incluye un paquete de mensajes SMS, los mensajes enviados y recibidos como parte de esta campaña serán mensajes unitarios descontados dentro de su plan.

Esta suscripción esta habilitada para funcionar de manera inmediata con los siguientes operadores de servicios celulares en Estados Unidos: AT&T, Cingular, Sprint, Nextel, Verizon y TMobile. Si su proveedor de servicios de telefonía móvil no esta en esta lista, usted no podrá participar de esta promoción.

Usted podrá terminar esta suscripción en cualquier momento enviando un mensaje con las palabras: TELECOM STOP al código 32075.

Usted podrá obtener ayuda en cualquier momento enviando mensaje con las palabras: TELECOM HELP al código 30075, visitando la pagina www.telecomcolombia.com, enviándolos un email a la dirección: noc@telecomcolombiausa.com o llamando al 1866-413-1001 El propósito de estar suscrito a estas notificaciones vía SMS es el de estar al día en las promociones de Telecom Colombia USA o Partners de este programa para su beneficio. Su información será mantenida confidencialmente y no será utilizada para efectos fuera de este programa.