Billing Disputes. 7.6.4.1 Each Party agrees to notify the other Party in writing upon the discovery of a billing dispute. In the event of a billing dispute, the Parties will endeavor to resolve the dispute within sixty (60) calendar days of the notification date. If the Parties are unable within the 60 day period to reach resolution, then the aggrieved Party may pursue dispute resolution in accordance with the General Terms and Conditions of this Agreement. 7.6.4.2 For purposes of this Section, a billing dispute means a dispute of a specific amount of money actually billed by BellSouth. The dispute must be clearly explained by the disputing Party and supported by written documentation, which clearly shows the basis for disputing charges. By way of example and not by limitation, a billing dispute will not include the refusal to pay all or part of a xxxx or bills when no written documentation is provided to support the dispute, nor shall a billing dispute include the refusal to pay other amounts owed by the billed Party until the dispute is resolved. Claims by the billed Party for damages of any kind will not be considered a billing dispute for purposes of this Section. Once the billing dispute is resolved, the disputing Party will make immediate payment of any of the disputed amount owed to the billing Party or the billing Party shall have the right to pursue normal treatment procedures. Any credits due to the disputing Party, pursuant to the billing dispute, will be applied to the disputing Party's account by the billing Party immediately upon resolution of the dispute. 7.6.4.3 If a Party disputes a charge and does not pay such charge by the payment due date, such charges shall be subject to late payment charges as set forth in the Late Payment Charges provision of this Attachment. If a Party disputes charges and the dispute is resolved in favor of such Party, the other Party shall credit the xxxx of the disputing Party for the amount of the disputed charges along with any late payment charges assessed no later than the second Xxxx Date after the resolution of the dispute. Accordingly, if a Party disputes charges and the dispute is resolved in favor of the other Party, the disputing Party shall pay the other Party the amount of the disputed charges and any associated late payment charges assessed no later than the second xxxx payment due date after the resolution of the dispute. BellSouth shall only assess interest on previously assessed late payment charges in a state where it has authority pursuant to its tariffs.
Appears in 32 contracts
Samples: Resale Agreement, Resale Agreement, Interconnection Agreement
Billing Disputes. 7.6.4.1 Each Should either Party agrees to notify dispute, in good faith, and withhold payment on any portion of the other Party in writing upon the discovery of a billing dispute. In the event of a billing disputenonrecurring charges or monthly Billing under this Agreement, the Parties will endeavor to resolve the dispute notify each other in writing within sixty fifteen (6015) calendar days following the payment due date identifying the amount, reason and rationale of the notification datesuch dispute. If the Parties are unable within the 60 day period to reach resolutionAt a minimum, then the aggrieved each Party may pursue dispute resolution in accordance with the General Terms and Conditions of this Agreement.
7.6.4.2 For purposes of this Section, a billing dispute means a dispute of a specific amount of money actually billed by BellSouth. The dispute must be clearly explained by the disputing Party and supported by written documentation, which clearly shows the basis for disputing charges. By way of example and not by limitation, a billing dispute will not include the refusal to shall pay all or part of a xxxx or bills when no written documentation is provided to support the dispute, nor shall a billing dispute include the refusal to pay other undisputed amounts owed by the billed Party until the dispute is resolved. Claims by the billed Party for damages of any kind will not be considered a billing dispute for purposes of this Section. Once the billing dispute is resolved, the disputing Party will make immediate payment of any of the disputed amount owed to the billing Party or the billing Party shall have the right to pursue normal treatment procedures. Any credits due to the disputing other Party. Both CLEC and Qwest agree to expedite the investigation of any disputed amounts, pursuant promptly provide all documentation regarding the amount disputed that is reasonably requested, and work in good faith in an effort to resolve and settle the billing dispute, will be applied dispute through informal means prior to the disputing Party's account by the billing Party immediately upon resolution of the disputeinitiating any other rights or remedies.
7.6.4.3 8.4.1 If a Party disputes a charge charges and does not pay such charge charges by the payment due date, such charges shall may be subject to late payment charges as set forth in the Late Payment Charges provision of this Attachmentcharges. If a Party disputes the disputed charges have been withheld and the dispute is resolved in favor of such Qwest, the withholding Party shall pay the disputed amount and applicable late payment charges no later than the next Xxxx Date following the resolution. The withholding Party may not continue to withhold the disputed amount following the initial resolution while pursuing further dispute resolution. If the disputed charges have been withheld and the dispute is resolved in favor of the disputing Party, the other Party Qwest shall credit the xxxx of the disputing Party for the amount of the disputed charges along with and any late payment charges that have been assessed no later than the second Xxxx Date after the resolution of the dispute. Accordingly, if If a Party disputes pays the disputed charges and the dispute is resolved in favor of Qwest, no further action is required.
8.4.2 If a Party pays the other Partycharges disputed at the time of payment or at any time thereafter pursuant to Section 8.4.3, and the dispute is resolved in favor of the disputing Party shall pay the other Party the amount of the disputed charges and any associated late payment charges assessed Qwest shall, no later than the second xxxx payment due date next Xxxx Date after the resolution of the dispute: (1) credit the disputing Party's xxxx for the disputed amount and any associated interest or (2) pay the remaining amount to CLEC, if the disputed amount is greater than the xxxx to be credited. BellSouth The interest calculated on the disputed amounts will be the same rate as late payment charges. In no event, however, shall only assess interest any late payment charges be assessed on any previously assessed late payment charges in charges.
8.4.3 If a state where Party fails to xxxx a charge or discovers an error on a xxxx it has authority pursuant already provided to its tariffsthe other Party, or if a Party fails to dispute a charge and discovers an error on a xxxx it has paid after the period set forth in Section 8.4, the Party may dispute the xxxx at a later time through an informal process notwithstanding the requirements of Section 8.4, but subject to the Dispute Resolution provision of this Agreement, and Applicable Law.
Appears in 10 contracts
Samples: Master Services Agreement (McLeodUSA Holdings Inc), Master Services Agreement (Cordia Corp), Master Services Agreement (McLeodusa Inc)
Billing Disputes. 7.6.4.1 7.7.1 Each Party agrees to notify the other Party in writing upon the discovery of a billing dispute. In the event of a billing dispute, the Parties will endeavor to resolve the dispute within sixty (60) calendar days of the notification dateBill Date on which such disputed charges appear, provided however that failure to raise a billing dispute within 60 days of the bill date shall not operate to waive such dispute. Resolution of the dispute is expected to occur at the first level of management resulting in a recommendation for settlement of the dispute and closure of a specific billing period. If the Parties issues are unable not resolved within the 60 day period to reach resolutionallotted time frame, then the aggrieved Party may pursue dispute following resolution in accordance with the General Terms and Conditions of this Agreement.procedure will begin:
7.6.4.2 For purposes of this Section, a billing dispute means a dispute of a specific amount of money actually billed by BellSouth. The dispute must be clearly explained by the disputing Party and supported by written documentation, which clearly shows the basis for disputing charges. By way of example and not by limitation, a billing dispute will not include the refusal to pay all or part of a xxxx or bills when no written documentation is provided to support the dispute, nor shall a billing dispute include the refusal to pay other amounts owed by the billed Party until 7.7.2 If the dispute is resolved. Claims by not resolved within sixty (60) days of the billed Party Bill Date, the dispute will be escalated to the second level of management for damages each of any kind will not be considered a billing dispute the respective Parties for purposes of this Section. Once resolution.
7.7.3 If the billing dispute is resolvednot resolved within ninety (90) days of the Bill Date, the disputing Party dispute will make immediate payment be escalated to the third level of any management for each of the disputed amount owed respective Parties for resolution.
7.7.4 If the dispute is not resolved within one hundred and twenty (120) days of the Bill Date, or within such other time as the parties may agree, either Party may file a complaint with the Commission or with a court of competent jurisdiction. The parties will comply with decisions of the court of Commission, subject to the billing Party or the billing Party shall have the right appropriate rights to pursue normal treatment procedures. Any credits due to the disputing Party, pursuant to the billing dispute, will be applied to the disputing Party's account by the billing Party immediately upon resolution of the disputeappeal.
7.6.4.3 7.7.5 If a Party disputes a charge and does not pay such charge by the payment due date, such charges shall be subject to late payment charges as set forth in the Late Payment Charges provision of this Attachment. If a Party disputes a charge and does pay such charge by the payment due date, that Party will be entitled to a credit with interest if the dispute is resolved in favor of that Party. If a Party disputes charges and the dispute is resolved in favor of such Party, the other Party shall credit the xxxx bill of the disputing Party for the amount of the disputed charges along with any late payment charges assessed no later than the second Xxxx Bill Date after the resolution of the dispute. Accordingly, if a Party disputes charges and the dispute is resolved in favor of the other Party, the disputing Party shall pay the other Party the amount of the disputed charges and any associated late payment charges assessed no later than the second xxxx bill payment due date after the resolution of the dispute. BellSouth shall only assess interest on previously assessed late payment charges in a state where it has authority pursuant to its tariffs.
Appears in 4 contracts
Samples: Bellsouth® / Clec Agreement, Bellsouth® / Clec Agreement, Bellsouth® / Clec Agreement
Billing Disputes. 7.6.4.1 Each Party agrees to notify the other Party in writing upon the discovery of a billing dispute. In the event of a billing dispute, the Parties will endeavor to resolve the dispute within sixty (60) calendar days of the notification date. If the Parties are unable within the 60 day period to reach resolution, then the aggrieved Party may pursue dispute resolution in accordance with the General Terms and Conditions of this Agreement.
7.6.4.2 For purposes of this SectionSection 7.6.3, a billing dispute means a dispute of a specific amount of money actually billed by BellSouth. The dispute must be clearly explained by the disputing Party and supported by written documentation, which clearly shows the basis for disputing charges. By way of example and not by limitation, a billing dispute will not include the refusal to pay all or part of a xxxx or bills when no written documentation is provided to support the dispute, nor shall a billing dispute include the refusal to pay other amounts owed by the billed Party until the dispute is resolved. Claims by the billed Party for damages of any kind will not be considered a billing dispute for purposes of this Section. Once the billing dispute is resolved, the disputing Party will make immediate payment of any of the disputed amount owed to the billing Party or the billing Party shall have the right to pursue normal treatment procedures. Any credits due to the disputing Party, pursuant to the billing dispute, will be applied to the disputing Party's account by the billing Party immediately upon resolution of the dispute.
7.6.4.3 If a Party disputes a charge and does not pay such charge by the payment due date, such charges shall be subject to late payment charges as set forth in the Late Payment Charges provision of this Attachment. If a Party disputes charges and the dispute is resolved in favor of such Party, the other Party shall credit the xxxx of the disputing Party for the amount of the disputed charges along with any late payment charges assessed no later than the second Xxxx Date after the resolution of the dispute. Accordingly, if a Party disputes charges and the dispute is resolved in favor of the other Party, the disputing Party shall pay the other Party the amount of the disputed charges and any associated late payment charges assessed no later than the second xxxx payment due date after the resolution of the dispute. BellSouth shall only assess interest on previously assessed late payment charges in a state where it has authority pursuant to its tariffs.
Appears in 4 contracts
Samples: Interconnection Agreement, Interconnection Agreement, Interconnection Agreement
Billing Disputes. 7.6.4.1 Each Party agrees to notify the other Party in writing upon the discovery of a billing dispute. In the event of a billing dispute, the Parties will endeavor to resolve the dispute within sixty (60) calendar days of the notification date. If the Parties are unable within the 60 day period to reach resolution, then the aggrieved Party may pursue dispute resolution in accordance with the General Terms and Conditions of this Agreement.
7.6.4.2 For purposes of this Section, a billing dispute means a dispute of a specific amount of money actually billed by BellSouthXxxxXxxxx. The dispute must be clearly explained by the disputing Party and supported by written documentation, which clearly shows the basis for disputing charges. By way of example and not by limitation, a billing dispute will not include the refusal to pay all or part of a xxxx bill or bills when no written documentation is provided to support the dispute, nor shall a billing dispute include the refusal to pay other amounts owed by the billed Party until the dispute is resolved. Claims by the billed Party for damages of any kind will not be considered a billing dispute for purposes of this Section. Once the billing dispute is resolved, the disputing Party will make immediate payment of any of the disputed amount owed to the billing Party or the billing Party shall have the right to pursue normal treatment procedures. Any credits due to the disputing Party, pursuant to the billing dispute, will be applied to the disputing Party's account by the billing Party immediately upon resolution of the dispute.
7.6.4.3 If a Party disputes a charge and does not pay such charge by the payment due date, such charges shall be subject to late payment charges as set forth in the Late Payment Charges provision of this Attachment. If a Party disputes charges and the dispute is resolved in favor of such Party, the other Party shall credit the xxxx bill of the disputing Party for the amount of the disputed charges along with any late payment charges assessed no later than the second Xxxx Bill Date after the resolution of the dispute. Accordingly, if a Party disputes charges and the dispute is resolved in favor of the other Party, the disputing Party shall pay the other Party the amount of the disputed charges and any associated late payment charges assessed no later than the second xxxx bill payment due date after the resolution of the dispute. BellSouth shall only assess interest on previously assessed late payment charges in a state where it has authority pursuant to its tariffs.
Appears in 4 contracts
Samples: Resale Agreement, Clec Agreement, Resale Agreement
Billing Disputes. 7.6.4.1 Each Should either Party agrees to notify dispute, in good faith, and withhold payment on any portion of the other Party in writing upon the discovery of a billing dispute. In the event of a billing disputenonrecurring charges or monthly Billing under this Agreement, the Parties will endeavor to resolve the dispute notify each other in writing within sixty fifteen (6015) calendar days following the payment due date identifying the amount, reason and rationale of the notification datesuch dispute. If the Parties are unable within the 60 day period to reach resolutionAt a minimum, then the aggrieved each Party may pursue dispute resolution in accordance with the General Terms and Conditions of this Agreement.
7.6.4.2 For purposes of this Section, a billing dispute means a dispute of a specific amount of money actually billed by BellSouth. The dispute must be clearly explained by the disputing Party and supported by written documentation, which clearly shows the basis for disputing charges. By way of example and not by limitation, a billing dispute will not include the refusal to shall pay all or part of a xxxx or bills when no written documentation is provided to support the dispute, nor shall a billing dispute include the refusal to pay other undisputed amounts owed by the billed Party until the dispute is resolved. Claims by the billed Party for damages of any kind will not be considered a billing dispute for purposes of this Section. Once the billing dispute is resolved, the disputing Party will make immediate payment of any of the disputed amount owed to the billing Party or the billing Party shall have the right to pursue normal treatment procedures. Any credits due to the disputing other Party. Both CLEC and Qwest agree to expedite the investigation of any disputed amounts, pursuant promptly provide all documentation regarding the amount disputed that is reasonably requested, and work in good faith in an effort to resolve and settle the billing dispute, will be applied dispute through informal means prior to the disputing Party's account by the billing Party immediately upon resolution of the disputeinitiating any other rights or remedies.
7.6.4.3 8.4.1 If a Party disputes a charge charges and does not pay such charge charges by the payment due date, such charges shall may be subject to late payment charges as set forth in the Late Payment Charges provision of this Attachmentcharges. If a Party disputes the disputed charges have been withheld and the dispute is resolved in favor of such Qwest, the withholding Party shall pay the disputed amount and applicable late payment charges no later than the next Bill Date following the resolution. The withholding Party may not continue to withhold the disputed amount following the initial resolution while pursuing further dispute resolution. If the disputed charges have been withheld and the dispute is resolved in favor of the disputing Party, the other Party Qwest shall credit the xxxx bill of the disputing Party for the amount of the disputed charges along with and any late payment charges that have been assessed no later than the second Xxxx Bill Date after the resolution of the dispute. Accordingly, if If a Party disputes pays the disputed charges and the dispute is resolved in favor of Qwest, no further action is required.
8.4.2 If a Party pays the other Partycharges disputed at the time of payment or at any time thereafter pursuant to Section 8.4.3, and the dispute is resolved in favor of the disputing Party shall pay the other Party the amount of the disputed charges and any associated late payment charges assessed Qwest shall, no later than the second xxxx payment due date next Bill Date after the resolution of the dispute: (1) credit the disputing Party's bill for the disputed amount and any associated interest or (2) pay the remaining amount to CLEC, if the disputed amount is greater than the bill to be credited. BellSouth The interest calculated on the disputed amounts will be the same rate as late payment charges. In no event, however, shall only assess interest any late payment charges be assessed on any previously assessed late payment charges in charges.
8.4.3 If a state where Party fails to bill a charge or discovers an error on a bill it has authority pursuant already provided to its tariffsthe other Party, or if a Party fails to dispute a charge and discovers an error on a bill it has paid after the period set forth in Section 8.4, the Party may dispute the bill at a later time through an informal process notwithstanding the requirements of Section 8.4, but subject to the Dispute Resolution provision of this Agreement, and Applicable Law.
Appears in 3 contracts
Samples: Master Services Agreement, Master Services Agreement, Master Services Agreement
Billing Disputes. 7.6.4.1 Each A billing dispute (“Billing Dispute”) is limited to charges contained within one invoice and one invoice only. The disputing Party agrees must submit a billing dispute to notify the other billing Party on the Billing Dispute Form contained in writing upon Appendix A by the discovery due date on the disputed xxxx. The disputing Party will not combine multiple invoices into one Billing Dispute without the prior written consent by the billing Party. The Billing Dispute Form must be complete, with all fields populated with the required information for the billable element in dispute. If the Billing Dispute Form is not complete with all information, the dispute will be rejected by the billing Party. After receipt of a completed dispute, the billing Party will review to determine the accuracy of the billing dispute. In If the event billing Party determines the dispute is valid, the billing Party will credit the disputing Party’s xxxx by the next xxxx date. If the billing Party determines the billing dispute is not valid, the disputing Party may escalate the dispute as outlined in section 9.1.
1.1. If escalation of the billing dispute does not occur within the thirty (30) calendar days as outlined below, the disputing Party must remit payment for the disputed charge, including late payment charges, to the billing Party by the next xxxx date and the billing dispute will be closed and resolved in favor of the billing Party.
9.1.1.1 Resolution of the billing dispute is expected to occur at the first level of management, resulting in a recommendation for settlement of the dispute and closure of a specific billing disputeperiod. If the billing dispute is not resolved within thirty (30) calendar days from receipt of the Billing Dispute Form, the following resolution procedure may be implemented at the request of the disputing Party:
9.1.1.1.1 If the billing dispute is not resolved within thirty (30) calendar days of receipt of the Billing Dispute Form, the billing dispute may be escalated by the disputing Party to the second level of management for each of the respective Parties will endeavor for resolution. If the billing dispute is not resolved within sixty (60) calendar days of receipt of the Billing Dispute Form, the billing dispute may be escalated by the disputing Party to resolve the dispute third level of management for each of the respective Parties for resolution. If escalation by the disputing Party to the next level of management does not occur within sixty (60) calendar days of the notification datereceipt of the Billing Dispute Form, the disputing Party must remit payment for the disputed charge, including late payment charges, to the billing Party by the next xxxx date and the billing dispute will be closed and resolved in favor of the billing Party.
9.1.1.1.2 If the billing dispute is not resolved within ninety (90) calendar days of the receipt of the Billing Dispute Form, the billing dispute may be escalated by the disputing Party to the fourth level of management for each of the respective Parties for resolution. If escalation by the Parties are unable disputing Party to the next level of management does not occur within ninety (90) calendar days of the 60 day period receipt of the Billing Dispute Form, the disputing Party must remit payment for the disputed charge, including late payment charges, to reach resolutionthe billing Party by the next xxxx date and the billing dispute will be closed and resolved in favor of the billing Party.
9.1.1.1.3 Each Party will provide to the other Party an escalation list for resolving a billing dispute. The escalation list will contain the name, then title, phone number, fax number and email address for each escalation point identified in this section 9.
1.1.1. A Party’s failure to pay all undisputed amounts by the aggrieved Party may pursue dispute resolution in accordance with due date listed on the General Terms and Conditions xxxx is a material breach of this Agreement.
7.6.4.2 For purposes of this Section, a billing dispute means a dispute of a specific amount of money actually billed by BellSouth. The dispute must be clearly explained by the disputing Party and supported by written documentation, which clearly shows the basis for disputing charges. By way of example and not by limitation, a billing dispute will not include the refusal to pay all or part of a xxxx or bills when no written documentation is provided to support the dispute, nor shall a billing dispute include the refusal to pay other amounts owed by the billed Party until the dispute is resolved. Claims by the billed Party for damages of any kind will not be considered a billing dispute for purposes of this Section. Once 9.1.1.1.4 If the billing dispute is resolvednot resolved within one hundred twenty (120) days of receipt of the Billing Dispute Form the Formal Dispute Resolution process, outlined in section 9.4, may be invoked. To invoke Formal Dispute Resolution per section 9.4, for a billing dispute, the disputing Party will make immediate payment of any of the disputed amount owed to the billing Party or the billing Party shall have the right to pursue normal treatment procedures. Any credits due to the disputing Party, pursuant to the billing dispute, will be applied to the disputing Party's account by the billing Party immediately upon resolution of the dispute.
7.6.4.3 If a Party disputes a charge and does not pay such charge by the payment due date, such charges shall be subject to late payment charges as set forth in the Late Payment Charges provision of this Attachment. If a Party disputes charges and must escalate the dispute is resolved through the fourth level escalation as defined in favor of such Party, the other Party shall credit the xxxx of the disputing Party for the amount of the disputed charges along with any late payment charges assessed no later than the second Xxxx Date after the resolution of the dispute. Accordingly, if a Party disputes charges and the dispute is resolved in favor of the other Party, the disputing Party shall pay the other Party the amount of the disputed charges and any associated late payment charges assessed no later than the second xxxx payment due date after the resolution of the dispute. BellSouth shall only assess interest on previously assessed late payment charges in a state where it has authority pursuant to its tariffssection 9.1.1.1 through 9.
Appears in 3 contracts
Samples: Interconnection Agreement, Interconnection Agreement, Interconnection Agreement
Billing Disputes. 7.6.4.1 Each The disputing Party agrees must submit billing disputes (“Billing Disputes”) to notify the other billing Party prior to the due date on the disputed xxxx. The disputing Party will submit billing disputes on either the Billing Dispute Form contained in writing upon Appendix 1 or provide the discovery same information required in Appendix 1 for the billable element in dispute to not delay the processing of the dispute. The billing dispute must be complete, with all the required information for the billable element in dispute. If the billing dispute is not complete with all information, the dispute will be rejected by the billing Party. After receipt of a completed dispute, the billing Party will review to determine the accuracy of the billing dispute. In If the event of a billing disputeParty determines the dispute is valid, the billing Party will credit the disputing Party’s xxxx by the next xxxx date. If the billing Party determines the billing dispute is not valid, the disputing Party may escalate the dispute as outlined in section
9.1.1.1. If escalation of the billing dispute does not occur within the 60 days as outlined below, the disputing Party must remit payment for the disputed charge, including late payment charges, to the billing Party by the next xxxx date. The Parties will endeavor to resolve all Billing Disputes within sixty (60) calendar days from receipt of the Dispute Form.
9.1.1.1 Resolution of the dispute is expected to occur at the first level of management, resulting in a recommendation for settlement of the dispute and closure of a specific billing period. If the issues are not resolved within the allotted time frame, the following resolution procedure will be implemented:
9.1.1.1.1 If the dispute is not resolved within thirty (30) calendar days of receipt of the Dispute Notice, the dispute will be escalated to the second level of management for each of the respective Parties for resolution. If the dispute is not resolved within sixty (60) calendar days of the notification date. , the dispute will be escalated to the third level of management for each of the respective Parties for resolution.
9.1.1.1.2 If the dispute is not resolved within ninety (90) calendar days of the receipt of the Dispute Form, the dispute will be escalated to the fourth level of management for each of the respective Parties are unable within the 60 day period to reach for resolution, then the aggrieved Party may pursue dispute resolution in accordance with the General Terms and Conditions of this Agreement.
7.6.4.2 For purposes 9.1.1.1.3 Each Party will provide to the other Party an escalation list. for resolving billing disputes The escalation list will contain the name, title, phone number, fax number and email address for each escalation point identified in this section 9.
9.1.1.1.4 If the dispute is not resolved within one hundred twenty (120) days of this Section, a billing dispute means a dispute receipt of a specific amount of money actually billed by BellSouth. The dispute must be clearly explained by the disputing Dispute Form or either Party and supported by written documentation, which clearly shows the basis for disputing charges. By way of example and is not by limitation, a billing dispute will not include the refusal operating in good faith to pay all or part of a xxxx or bills when no written documentation is provided to support resolve the dispute, nor shall a billing dispute include the refusal to pay other amounts owed by the billed Party until the dispute is resolved. Claims by the billed Party for damages of any kind will not Formal Dispute Resolution process, outlined in section 9.4, may be considered a billing dispute for purposes of this Section. Once the billing dispute is resolved, invoked.
9.1.1.2 If the disputing Party will make immediate payment of any of the disputed amount owed to the billing Party or the billing Party shall have the right to pursue normal treatment procedures. Any credits due to the disputing Party, pursuant to the billing dispute, will be applied to the disputing Party's account by the billing Party immediately upon resolution of the dispute.
7.6.4.3 If a Party disputes a charge and does not pay such charge by the payment due date, such charges shall be subject to late payment charges as set forth in the Late Payment Charges provision of this Attachmentsubsection 8.3 above. If a the disputing Party disputes charges and the dispute is resolved in favor of such the disputing Party, the other billing Party shall credit the xxxx of the disputing Party for the amount of the disputed charges charges, along with any late payment charges assessed no later than assessed, by the second Xxxx Date next billing cycle after the resolution of the dispute. Accordingly, if a the disputing Party disputes charges and the dispute is resolved in favor of the other billing Party, the disputing Party shall pay the other billing Party the amount of the disputed charges and any associated late payment charges assessed no later than charges, by the second xxxx payment next billing due date after the resolution of the dispute.
9.1.1.3 For purposes of this subsection 9.1.1, a billing dispute shall not include the refusal to pay other amounts owed to a Party pending resolution of the dispute. BellSouth Claims by the disputing Party for damages of any kind will not be considered a Bona Fide Dispute for purposes of this subsection 9.1.1.
9.1.1.4 Once the billing dispute has been processed in accordance with this subsection 9.1.1, the disputing Party will make immediate payment on any of the disputed amount owed to the billing Party, or the billing Party shall only assess interest on previously assessed late payment have the right to pursue normal treatment procedures. Any credits due to the disputing Party resulting from the Dispute process will be applied to the disputing Party's account by the billing Party immediately upon resolution of the dispute.
9.1.1.5 Neither Party shall xxxx the other Party for charges in a state where it has authority pursuant to its tariffs.incurred more than twelve
Appears in 3 contracts
Samples: Interconnection Agreement, Interconnection Agreement, Interconnection Agreement
Billing Disputes. 7.6.4.1 Each Party agrees to notify The billing dispute form must be complete, with all fields populated with the other Party required information for the billable element in writing upon dispute. If the discovery billing dispute form is not complete with all information, the dispute will be denied by the billing Party. After receipt of a completed billing disputedispute form, the billing Party will review to determine the accuracy of the Billing Dispute. In If the event billing Party determines the dispute is valid, the billing Party will credit the disputing Party’s xxxx within thirty (30) calendar days of receipt of the Billing Dispute. If the billing Party determines the Billing Dispute is not valid, the disputing Party may escalate the dispute as outlined in Section 6.1.1.
6.1.1.1 Resolution of the dispute is expected to occur at the first level of management, resulting in a recommendation for settlement of the dispute and closure of a specific billing disputeperiod. If the issues are not resolved within the allotted time frame, the Parties following resolution procedure will endeavor to resolve be implemented:
6.1.1.1.1 If the dispute is not resolved within thirty (30) calendar days of receipt of the billing dispute form, the dispute will be escalated to the second level of management for each of the respective Parties for resolution. If the dispute is not resolved within sixty (60) calendar days of the notification date. , the dispute will be escalated to the third level of management for each of the respective Parties for resolution.
6.1.1.1.2 If the dispute is not resolved within ninety (90) calendar days of the receipt of the billing dispute form, the dispute will be escalated to the fourth level of management for each of the respective Parties are unable within the 60 day period to reach for resolution, then the aggrieved Party may pursue dispute resolution in accordance with the General Terms and Conditions of this Agreement.
7.6.4.2 For purposes 6.1.1.1.3 Each Party will provide to the other Party an escalation list for resolving Billing Disputes. The escalation list will contain the name, title, phone number, fax number and email address for each escalation point identified in this section 6.
6.1.1.1.4 If the dispute is not resolved within one hundred twenty (120) days of this Section, a receipt of the billing dispute means a form or either Party is not operating in good faith to resolve the dispute, the Formal Dispute Resolution process, outlined in section 6.4, may be invoked.
6.1.1.2 If the disputing Party disputes charges and the dispute is resolved in favor of a specific the disputing Party, the billing Party shall credit the xxxx of the disputing Party for the amount of money actually billed the disputed charges by BellSouth. The dispute must be clearly explained the next billing cycle after the resolution of the dispute.
6.1.1.3 Claims by the disputing Party and supported by written documentation, which clearly shows the basis for disputing charges. By way of example and not by limitation, a billing dispute will not include the refusal to pay all or part of a xxxx or bills when no written documentation is provided to support the dispute, nor shall a billing dispute include the refusal to pay other amounts owed by the billed Party until the dispute is resolved. Claims by the billed Party for damages of any kind will not be considered a billing dispute Bona Fide Dispute for purposes of this Sectionsubsection 6.
1.1. Once A Party’s failure to pay all amounts by the billing dispute due date listed on the xxxx, is resolved, the disputing Party will make immediate payment a material breach of any of the disputed amount owed to the billing Party or the billing Party shall have the right to pursue normal treatment procedures. this Agreement.
6.1.1.4 Any credits due to the disputing Party, pursuant to Party resulting from the billing dispute, Billing Dispute process will be applied to the disputing Party's account by the billing Party immediately upon resolution of the dispute.
7.6.4.3 If a 6.1.1.5 Neither Party disputes a charge and does not pay such charge by the payment due date, such charges shall be subject to late payment charges as set forth in the Late Payment Charges provision of this Attachment. If a Party disputes charges and the dispute is resolved in favor of such Party, xxxx the other Party shall credit the xxxx of the disputing Party for the amount of the disputed charges along with any late payment charges assessed no later incurred more than the second Xxxx Date after the resolution of the dispute. Accordingly, if a Party disputes charges and the dispute is resolved in favor of the other Party, the disputing Party shall pay the other Party the amount of the disputed charges and any associated late payment charges assessed no later than the second xxxx payment due date after the resolution of the dispute. BellSouth shall only assess interest on previously assessed late payment charges in a state where it has authority pursuant to its tariffs.twelve
Appears in 3 contracts
Samples: Telecommunications, Interconnection Agreement, Telecommunications
Billing Disputes. 7.6.4.1 Each Party agrees to notify the other Party in writing upon the discovery of a billing dispute. In the event of a billing dispute, the Parties will endeavor to resolve the dispute within sixty (60) calendar days of the notification date. If the Parties are unable within the 60 day period to reach resolution, then the aggrieved Party may pursue dispute resolution in accordance with the General Terms and Conditions of this Agreement.
7.6.4.2 For purposes of this Section, a billing dispute means a dispute of a specific amount of money actually billed by BellSouth. The dispute must be clearly explained by the disputing Party and supported by written documentation, which clearly shows the basis for disputing charges. By way of example and not by limitation, a billing dispute will not include the refusal to pay all or part of a xxxx bill or bills when no written documentation is provided to support the dispute, nor shall a billing dispute include the refusal to pay other amounts owed by the billed Party until the dispute is resolved. Claims by the billed Party for damages of any kind will not be considered a billing dispute for purposes of this Section. Once the billing dispute is resolved, the disputing Party will make immediate payment of any of the disputed amount owed to the billing Party or the billing Party shall have the right to pursue normal treatment procedures. Any credits due to the disputing Party, pursuant to the billing dispute, will be applied to the disputing Party's account by the billing Party immediately upon resolution of the dispute.
7.6.4.3 If a Party disputes a charge and does not pay such charge by the payment due date, such charges shall be subject to late payment charges as set forth in the Late Payment Charges provision of this Attachment. If a Party disputes charges and the dispute is resolved in favor of such Party, the other Party shall credit the xxxx bill of the disputing Party for the amount of the disputed charges along with any late payment charges assessed no later than the second Xxxx Bill Date after the resolution of the dispute. Accordingly, if a Party disputes charges and the dispute is resolved in favor of the other Party, the disputing Party shall pay the other Party the amount of the disputed charges and any associated late payment charges assessed no later than the second xxxx bill payment due date after the resolution of the dispute. BellSouth shall only assess interest on previously assessed late payment charges in a state where it has authority pursuant to its tariffs.
Appears in 3 contracts
Samples: Interconnection Agreement, Resale Agreement, Resale Agreement
Billing Disputes. 7.6.4.1 2.1 Each Party agrees to notify the other Party in writing upon the discovery of a billing dispute. Tennessee Telephone Service shall report all billing disputes to BellSouth using the Billing Adjustment Request Form (RF 1461) provided by BellSouth. In the event of a billing dispute, the Parties will endeavor to resolve the dispute within sixty (60) calendar days of the notification date. If the Parties are unable within the 60 day period to reach resolution, then the aggrieved Party may pursue dispute resolution in accordance with the General Terms and Conditions of this Agreement.
7.6.4.2 2.2 For purposes of this SectionSection 2, a billing dispute means a reported dispute of a specific amount of money actually billed by BellSoutheither Party. The dispute must be clearly explained by the disputing Party and supported by written documentation, which clearly shows the basis for disputing charges. By way of example and not by limitation, a billing dispute will not include the refusal to pay all or part of a xxxx or bills when no written documentation is provided to support the dispute, nor shall a billing dispute include the refusal to pay other amounts owed by the billed Version R3Q01: 12/01/01 Party until the dispute is resolved. Claims by the billed Party for damages of any kind will not be considered a billing dispute for purposes of this Section. Once If the billing dispute is resolvedresolved in favor of the billing Party, the disputing Party will make immediate payment of any of the disputed amount owed to the billing Party or the billing Party shall have the right to pursue normal treatment procedures. Any credits due to the disputing Party, pursuant to the billing dispute, will be applied to the disputing Party's account by the billing Party immediately upon resolution of the dispute.
7.6.4.3 2.3 If a Party disputes a charge and does not pay such charge by the payment due date, such charges or if a payment or any portion of a payment is received by either Party after the payment due date, or if a payment or any portion of a payment is received in funds which are not immediately available to the other Party, then a late payment charge and interest, where applicable, shall be subject to assessed. For bills rendered by either Party for payment, the late payment charges charge for both Parties shall be calculated based on the portion of the payment not received by the payment due date multiplied by the late factor as set forth in the Late Payment Charges provision following BellSouth tariffs: for services purchased from the General Subscribers Services Tariff for purposes of this Attachment. If a Party disputes charges resale and the dispute is resolved in favor of such Partyfor ports and non-designed loops, the other Party shall credit the xxxx Section A2 of the disputing Party General Subscriber Services Tariff and for services purchased from the amount Private Line Tariff for purposes of resale, Section B2 of the disputed charges along with any late payment charges assessed no later than the second Xxxx Date after the resolution of the disputePrivate Line Service Tariff. Accordingly, if a Party disputes charges and the dispute is resolved in favor of the other Party, the disputing Party The Parties shall pay the other Party the amount of the disputed charges and any associated late payment charges assessed no later than the second xxxx payment due date after the resolution of the dispute. BellSouth shall only assess interest on previously assessed late payment charges only in a state where it has the authority pursuant to its tariffs.. Version R3Q01: 12/01/01 Version R4Q01: 12/01/01 Upon a particular Commission’s issuance of an Order pertaining to Performance Measurements in a proceeding expressly applicable to all CLECs generally, BellSouth shall implement in that state such Performance Measurements as of the date specified by the Commission. Version R4Q01: 12/01/01 Attachment 5 BellSouth Disaster Recovery Plan
Appears in 2 contracts
Samples: Clec Agreement, Clec Agreement
Billing Disputes. 7.6.4.1 2.1 Each Party agrees to notify the other Party in writing upon the discovery of a billing dispute. Cellutell Communications, Inc. shall report all billing disputes to BellSouth using the Billing Adjustment Request Form (RF 1461) provided by BellSouth. In the event of a billing dispute, the Parties will endeavor to resolve the dispute within sixty (60) calendar days of the notification date. If the Parties are unable within the 60 day period to reach resolution, then the aggrieved Party may pursue dispute resolution in accordance with the General Terms and Conditions of this Agreement.
7.6.4.2 2.2 For purposes of this SectionSection 2, a billing dispute means a reported dispute of a specific amount of money actually billed by BellSoutheither Party. The dispute must be clearly explained by the disputing Party and supported by written documentation, which clearly shows the basis for disputing charges. By way of example and not by limitation, a billing dispute will not include the refusal to pay all or part of a xxxx Version R3Q01: 12/01/01 or bills when no written documentation is provided to support the dispute, nor shall a billing dispute include the refusal to pay other amounts owed by the billed Party until the dispute is resolved. Claims by the billed Party for damages of any kind will not be considered a billing dispute for purposes of this Section. Once If the billing dispute is resolvedresolved in favor of the billing Party, the disputing Party will make immediate payment of any of the disputed amount owed to the billing Party or the billing Party shall have the right to pursue normal treatment procedures. Any credits due to the disputing Party, pursuant to the billing dispute, will be applied to the disputing Party's account by the billing Party immediately upon resolution of the dispute.
7.6.4.3 2.3 If a Party disputes a charge and does not pay such charge by the payment due date, such charges or if a payment or any portion of a payment is received by either Party after the payment due date, or if a payment or any portion of a payment is received in funds which are not immediately available to the other Party, then a late payment charge and interest, where applicable, shall be subject to assessed. For bills rendered by either Party for payment, the late payment charges charge for both Parties shall be calculated based on the portion of the payment not received by the payment due date multiplied by the late factor as set forth in the Late Payment Charges provision following BellSouth tariffs: for services purchased from the General Subscribers Services Tariff for purposes of this Attachment. If a Party disputes charges resale and the dispute is resolved in favor of such Partyfor ports and non-designed loops, the other Party shall credit the xxxx Section A2 of the disputing Party General Subscriber Services Tariff and for services purchased from the amount Private Line Tariff for purposes of resale, Section B2 of the disputed charges along with any late payment charges assessed no later than the second Xxxx Date after the resolution of the disputePrivate Line Service Tariff. Accordingly, if a Party disputes charges and the dispute is resolved in favor of the other Party, the disputing Party The Parties shall pay the other Party the amount of the disputed charges and any associated late payment charges assessed no later than the second xxxx payment due date after the resolution of the dispute. BellSouth shall only assess interest on previously assessed late payment charges only in a state where it has the authority pursuant to its tariffs.. Version R3Q01: 12/01/01 Version R4Q01: 12/01/01 Upon a particular Commission’s issuance of an Order pertaining to Performance Measurements in a proceeding expressly applicable to all CLECs generally, BellSouth shall implement in that state such Performance Measurements as of the date specified by the Commission. Version R4Q01: 12/01/01 Attachment 5 BellSouth Disaster Recovery Plan
Appears in 2 contracts
Samples: Clec Agreement, Clec Agreement
Billing Disputes. 7.6.4.1 2.1 Billing disputes shall be handled pursuant to the terms of this section. Each Party agrees to notify the other Party in writing within a reasonable time upon the discovery of a billing dispute. In the event of a billing dispute, the Parties will endeavor to resolve the dispute within sixty (60) calendar days of the notification date. .
2.1.1 If the dispute is not resolved within sixty (60) days of the dispute date, the dispute will be escalated to the second level of management for each of the respective Parties are unable for resolution.
2.1.2 If the dispute is not resolved within ninety (90) days of the 60 day period dispute date, the dispute will be escalated to reach the third level of management for each of the respective Parties for resolution.
2.1.3 If the dispute is not resolved within one hundred and twenty (120) days of the dispute date, the dispute will be escalated to the fourth level of management for each of the respective Parties for resolution.
2.1.4 If the dispute is not resolved within one hundred and fifty (150) days of the dispute date, then the aggrieved Party may pursue dispute resolution in accordance with the General Terms and Conditions of this Agreement.
7.6.4.2 2.1.5 For purposes of this SectionSection 2, a billing dispute means a dispute of a specific amount of money actually billed by BellSoutheither Party. The dispute must be clearly explained by the disputing Party and supported by written documentation, which clearly shows the basis for disputing charges. Notice of a dispute may be given by a Party at any time, either before or after an amount is paid, and a Party’s payment of an amount shall not constitute a waiver of such Party’s right to subsequently dispute its obligations to pay such amount or to seek a refund of any amount paid, in accordance with this Attachment. By way of example and not by limitation, a billing dispute will not include the refusal to pay all or part of a xxxx or bills when no written documentation is provided to support the dispute, nor shall a billing dispute include the refusal to pay other amounts owed by the billed Party until the dispute is resolved. Claims by the billed Party for damages of any kind will not be considered a billing dispute for purposes of this Section. Once the billing dispute is resolved, the disputing Party will make immediate payment of any of the disputed amount owed to the billing Party by the next xxxx date or the billing Party shall have the right to pursue normal treatment procedures. Any credits due to the disputing Party, pursuant to the billing dispute, will be applied to the disputing Party's account by the billing Party immediately by the next xxxx date upon resolution of the dispute.
7.6.4.3 If a Party disputes a charge and does not pay such charge by 2.2 In the payment due date, such charges shall be subject to late payment charges as set forth in the Late Payment Charges provision of this Attachment. If a Party disputes charges and the dispute is resolved in favor of such Party, the other Party shall credit the xxxx of the disputing Party for the amount of the event disputed charges along with any late payment charges assessed no later than the second Xxxx Date after the resolution of the dispute. Accordingly, if a Party disputes charges and the dispute is are resolved in favor of the other billed Party, the disputing billed Party shall pay the other Party the amount of the disputed charges and will receive credit for any associated late payment charges assessed no later than the second xxxx payment due date after the resolution of the dispute. BellSouth shall only assess interest on previously assessed charge and/or late payment charges interest amounts assessed in a state where it has authority pursuant to its tariffsconnection with such disputed charges.
Appears in 2 contracts
Samples: Clec Agreement, Clec Agreement
Billing Disputes. 7.6.4.1 1. Billing disputes shall be handled pursuant to the terms of this section.
a. Each Party agrees to notify the other Party in writing upon the discovery of a billing dispute. Notification of disputed charges must be provided within one (1) year from the time the charge was billed. In the event of a billing dispute, the Parties will endeavor to resolve the dispute within sixty (60) calendar days of the notification date. If the Parties are unable within the 60 sixty (60) day period to reach resolution, then the aggrieved Party Parties may pursue dispute resolution in accordance with the General Terms and Conditions terms of this Agreement.
7.6.4.2 b. For purposes of this Section, a billing dispute means a dispute of a specific amount of money actually billed by BellSoutheither Party. The dispute must be clearly explained by the disputing Party and supported by written documentation, which clearly shows the basis for disputing charges. By way of example and not by limitation, a A billing dispute will not include the refusal to pay all or part of a xxxx or bills when no written documentation is provided to support the dispute, nor shall a billing dispute include the refusal to pay other amounts owed by the billed Party until the dispute is resolved. Claims by the billed Party for damages of any kind will not be considered a billing dispute for purposes of this Section. Once the billing dispute is resolved, the disputing Party will make immediate payment of any of the disputed amount owed to the billing Party or the billing Party shall have the right to pursue normal treatment procedures. Any credits due to the disputing Party, Party pursuant to the billing dispute, dispute will be applied to the disputing Party's ’s account by the billing Party immediately upon resolution of the dispute. If a billing dispute is resolved in the disputing Party's favor upon resolution of the dispute any late payment charges charged to the disputed monies will be credited.
7.6.4.3 c. If a Party disputes a charge and does not pay such charge by the payment due date, such charges shall be subject to late or if a payment charges as set forth in the Late Payment Charges provision or any portion of this Attachment. If a payment is received by either Party disputes charges and the dispute is resolved in favor of such Party, the other Party shall credit the xxxx of the disputing Party for the amount of the disputed charges along with any late payment charges assessed no later than the second Xxxx Date after the resolution of the dispute. Accordinglypayment due date, or if a Party disputes charges and the dispute payment or any portion of a Version: 4Q04; 9/1/04 payment is resolved received in favor of funds that are not immediately available to the other Party, the disputing Party shall pay the other Party the amount of the disputed charges and any associated then a late payment charges assessed no later than the second xxxx payment due date after the resolution of the dispute. BellSouth charge shall only assess interest on previously assessed late payment charges in a state where it has authority pursuant to its tariffsbe assessed.
Appears in 2 contracts
Samples: Clec Agreement, Interconnection Agreement
Billing Disputes. 7.6.4.1 2.1 Each Party agrees to notify the other Party in writing upon the discovery of a billing dispute. State Discount Telephone LLC shall report all billing disputes to BellSouth using the Billing Adjustment Request Form (RF 1461) provided by BellSouth. In the event of a billing dispute, the Parties will endeavor to resolve the dispute within sixty (60) calendar days of the notification date. If the Parties are unable within the 60 day period to reach resolution, then the aggrieved Party may pursue dispute resolution in accordance with the General Terms and Conditions of this Agreement.
7.6.4.2 2.2 For purposes of this SectionSection 2, a billing dispute means a reported dispute of a specific amount of money actually billed by BellSoutheither Party. The dispute must be clearly explained by the disputing Party and supported by written documentation, which clearly shows the basis for disputing charges. By way of example and not by limitation, a billing dispute will not include the refusal to pay all or part of a xxxx Version R3Q01: 12/01/01 or bills when no written documentation is provided to support the dispute, nor shall a billing dispute include the refusal to pay other amounts owed by the billed Party until the dispute is resolved. Claims by the billed Party for damages of any kind will not be considered a billing dispute for purposes of this Section. Once If the billing dispute is resolvedresolved in favor of the billing Party, the disputing Party will make immediate payment of any of the disputed amount owed to the billing Party or the billing Party shall have the right to pursue normal treatment procedures. Any credits due to the disputing Party, pursuant to the billing dispute, will be applied to the disputing Party's account by the billing Party immediately upon resolution of the dispute.
7.6.4.3 2.3 If a Party disputes a charge and does not pay such charge by the payment due date, such charges or if a payment or any portion of a payment is received by either Party after the payment due date, or if a payment or any portion of a payment is received in funds which are not immediately available to the other Party, then a late payment charge and interest, where applicable, shall be subject to assessed. For bills rendered by either Party for payment, the late payment charges charge for both Parties shall be calculated based on the portion of the payment not received by the payment due date multiplied by the late factor as set forth in the Late Payment Charges provision following BellSouth tariffs: for services purchased from the General Subscribers Services Tariff for purposes of this Attachment. If a Party disputes charges resale and the dispute is resolved in favor of such Partyfor ports and non-designed loops, the other Party shall credit the xxxx Section A2 of the disputing Party General Subscriber Services Tariff and for services purchased from the amount Private Line Tariff for purposes of resale, Section B2 of the disputed charges along with any late payment charges assessed no later than the second Xxxx Date after the resolution of the disputePrivate Line Service Tariff. Accordingly, if a Party disputes charges and the dispute is resolved in favor of the other Party, the disputing Party The Parties shall pay the other Party the amount of the disputed charges and any associated late payment charges assessed no later than the second xxxx payment due date after the resolution of the dispute. BellSouth shall only assess interest on previously assessed late payment charges only in a state where it has the authority pursuant to its tariffs.. Version R3Q01: 12/01/01 Version R4Q01: 12/01/01 Upon a particular Commission’s issuance of an Order pertaining to Performance Measurements in a proceeding expressly applicable to all CLECs generally, BellSouth shall implement in that state such Performance Measurements as of the date specified by the Commission. Version R4Q01: 12/01/01 Attachment 5 BellSouth Disaster Recovery Plan
Appears in 2 contracts
Samples: Clec Agreement, Clec Agreement
Billing Disputes. 7.6.4.1 Each Party agrees to notify the other Party in writing upon the discovery of a billing dispute. In the event of a billing dispute, the Parties will endeavor to resolve the dispute within sixty (60) calendar days of the notification date. If the Parties are unable within the 60 day period to reach resolution, then the aggrieved Party may pursue dispute resolution in accordance with the General Terms and Conditions of this Agreement.
7.6.4.2 For purposes of this SectionSection 7.6.3, a billing dispute means a dispute of a specific amount of money actually billed by BellSouthXxxxXxxxx. The dispute must be clearly explained by the disputing Party and supported by written documentation, which clearly shows the basis for disputing charges. By way of example and not by limitation, a billing dispute will not include the refusal to pay all or part of a xxxx bill or bills when no written documentation is provided to support the dispute, nor shall a billing dispute include the refusal to pay other amounts owed by the billed Party until the dispute is resolved. Claims by the billed Party for damages of any kind will not be considered a billing dispute for purposes of this Section. Once the billing dispute is resolved, the disputing Party will make immediate payment of any of the disputed amount owed to the billing Party or the billing Party shall have the right to pursue normal treatment procedures. Any credits due to the disputing Party, pursuant to the billing dispute, will be applied to the disputing Party's account by the billing Party immediately upon resolution of the dispute.
7.6.4.3 If a Party disputes a charge and does not pay such charge by the payment due date, such charges shall be subject to late payment charges as set forth in the Late Payment Charges provision of this Attachment. If a Party disputes charges and the dispute is resolved in favor of such Party, the other Party shall credit the xxxx bill of the disputing Party for the amount of the disputed charges along with any late payment charges assessed no later than the second Xxxx Bill Date after the resolution of the dispute. Accordingly, if a Party disputes charges and the dispute is resolved in favor of the other Party, the disputing Party shall pay the other Party the amount of the disputed charges and any associated late payment charges assessed no later than the second xxxx bill payment due date after the resolution of the dispute. BellSouth shall only assess interest on previously assessed late payment charges in a state where it has authority pursuant to its tariffs.
Appears in 2 contracts
Samples: Telecommunications, Resale Agreement
Billing Disputes. 7.6.4.1 Version R3Q02: 09/22/02
2.1 Each Party agrees to notify the other Party in writing upon the discovery of a billing dispute. Easy Telephone shall report all billing disputes to BellSouth using the Billing Adjustment Request Form (RF 1461) provided by BellSouth. In the event of a billing dispute, the Parties will endeavor to resolve the dispute within sixty (60) calendar days of the notification date. If the Parties are unable within the 60 sixty (60) calendar day period to reach resolution, then the aggrieved Party may pursue dispute resolution in accordance with the General Terms and Conditions of this Agreement.
7.6.4.2 2.2 For purposes of this SectionSection 2, a billing dispute means a reported dispute of a specific amount of money actually billed by BellSoutheither Party. The dispute must be clearly explained by the disputing Party and supported by written documentation, which clearly shows the basis for disputing charges. By way of example and not by limitation, a billing dispute will not include the refusal to pay all or part of a xxxx or bills when no written documentation is provided to support the dispute, nor shall a billing dispute include the refusal to pay other amounts owed by the billed Party until the dispute is resolved. Claims by the billed Party for damages of any kind will not be considered a billing dispute for purposes of this Section. Once If the billing dispute is resolvedresolved in favor of the billing Party, the disputing Party will make immediate payment of any of the disputed amount owed to the billing Party or the billing Party shall have the right to pursue normal treatment procedures. Any credits due to the disputing Party, pursuant to the billing dispute, will be applied to the disputing Party's account by the billing Party immediately upon resolution of the dispute.
7.6.4.3 2.3 If a Party disputes a charge and does not pay such charge by the payment due date, such charges or if a payment or any portion of a payment is received by either Party after the payment due date, or if a payment or any portion of a payment is received in funds which are not immediately available to the other Party, then a late payment charge and interest, where applicable, shall be subject to assessed. For bills rendered by either Party for payment, the late payment charges charge for both Parties shall be calculated based on the portion of the payment not received by the payment due date multiplied by the late factor as set forth in the Late Payment Charges provision following BellSouth tariffs: for services purchased from the General Subscribers Services Tariff for purposes of this Attachment. If a Party disputes charges and the dispute is resolved in favor of such Partyresale, the other Party shall credit the xxxx Section A2 of the disputing Party General Subscriber Services Tariff and for services purchased from the amount Private Line Tariff for purposes of resale, Section B2 of the disputed charges along with any late payment charges assessed no later than the second Xxxx Date after the resolution of the disputePrivate Line Service Tariff. Accordingly, if a Party disputes charges and the dispute is resolved in favor of the other Party, the disputing Party The Parties shall pay the other Party the amount of the disputed charges and any associated late payment charges assessed no later than the second xxxx payment due date after the resolution of the dispute. BellSouth shall only assess interest on previously assessed late payment charges only in a state where it has the authority pursuant to its tariffs.. Version R3Q02: 09/22/02 ATTACHMENT 4 Version R4Q02: 12/12/02 Upon a particular Commission’s issuance of an Order pertaining to Performance Measurements in a proceeding expressly applicable to all CLECs generally, BellSouth shall implement in that state such Performance Measurements as of the date specified by the Commission. Performance Measurements that have been Ordered in a particular state can currently be accessed via the internet at xxxxx://xxxx.xxxxxxxxx.xxx. At the request of the Tennessee Regulatory Authority (TRA), the following Regional Service Quality Measurements (SQM) plan is being included as the performance measurements currently in place for the state of Tennessee. At such time that the TRA issues an Order pertaining to Performance Measurements, such Performance Measurements shall supersede the Regional SQM contained in the Agreement. Version R4Q02: 12/12/02 Attachment 10 BellSouth Disaster Recovery Plan
Appears in 1 contract
Samples: Clec Agreement
Billing Disputes. 7.6.4.1 2.1 Each Party agrees to notify the other Party in writing upon the discovery of a billing dispute. Starlink shall report all billing disputes to BellSouth using the Billing Adjustment Request Form (RF 1461) provided by BellSouth. In the event of a billing dispute, the Parties will endeavor to resolve the dispute within sixty (60) calendar days of the notification date. If the Parties are unable within the 60 sixty (60) calendar day period to reach resolution, then the aggrieved Party may pursue dispute resolution in accordance with the General Terms and Conditions of this Agreement.
7.6.4.2 2.2 For purposes of this SectionSection 2, a billing dispute means a reported dispute of a specific amount of money actually billed by BellSoutheither Party. The dispute must be clearly explained by the disputing Party and supported by written documentation, which clearly shows the basis for disputing charges. By way of example and not by limitation, a billing dispute will not include the refusal to pay all or part of a xxxx or bills when no written documentation is provided to support the dispute, nor shall a billing dispute include the refusal to pay other amounts owed by the billed Party until the dispute is resolved. Claims by the billed Party for damages of any kind will not be considered a billing dispute for purposes of this Section. Once If the billing dispute is resolvedresolved in favor of the billing Party, the disputing Party will make immediate payment of any of the disputed amount owed to the billing Party or the billing Party shall have the right to pursue normal treatment procedures. Any credits due to the disputing Party, pursuant to the billing dispute, will be applied to the disputing Party's account by the billing Party immediately upon resolution of the dispute.
7.6.4.3 2.3 If a Party disputes a charge and does not pay such charge by the payment due date, such charges or if a payment or any portion of a payment is received by either Party after the payment due date, or if a payment or any portion of a payment is received in funds which are not immediately available to the other Party, then a late payment charge and interest, where applicable, shall be subject to assessed. For bills rendered by either Party for payment, the late payment charges charge for both Parties shall be calculated based on the portion of the payment not received by the payment due date multiplied by the late factor as set forth in the Late Payment Charges provision following BellSouth tariffs: for services purchased from the General Subscribers Services Tariff for purposes of this Attachment. If a Party disputes charges and the dispute is resolved in favor of such Partyresale, the other Party shall credit the xxxx Section A2 of the disputing Party General Subscriber Services Tariff and for services purchased from the amount Private Version R4Q02: 02/26/02 Line Tariff for purposes of resale, Section B2 of the disputed charges along with any late payment charges assessed no later than the second Xxxx Date after the resolution of the disputePrivate Line Service Tariff. Accordingly, if a Party disputes charges and the dispute is resolved in favor of the other Party, the disputing Party The Parties shall pay the other Party the amount of the disputed charges and any associated late payment charges assessed no later than the second xxxx payment due date after the resolution of the dispute. BellSouth shall only assess interest on previously assessed late payment charges only in a state where it has the authority pursuant to its tariffs.. Version R4Q02: 02/26/02 ATTACHMENT 4 Version R1Q02: 02/26/02 Upon a particular Commission’s issuance of an Order pertaining to Performance Measurements in a proceeding expressly applicable to all CLECs generally, BellSouth shall implement in that state such Performance Measurements as of the date specified by the Commission. Performance Measurements that have been Ordered in a particular state can currently be accessed via the internet at xxxxx://xxxx.xxxxxxxxx.xxx. At the request of the Tennessee Regulatory Authority (TRA), the following Regional Service Quality Measurements (SQM) plan is being included as the performance measurements currently in place for the state of Tennessee. At such time that the TRA issues an Order pertaining to Performance Measurements, such Performance Measurements shall supersede the Regional SQM contained in the Agreement. Version R1Q02: 02/26/02 Attachment 5 BellSouth Disaster Recovery Plan
Appears in 1 contract
Samples: Clec Agreement
Billing Disputes. 7.6.4.1 2.1 Each Party agrees to notify the other Party in writing upon the discovery of a billing dispute. BudgeTel shall report all billing disputes to BellSouth using the Billing Adjustment Request Form (RF 1461) provided by BellSouth. In the event of a billing dispute, the Parties will endeavor to resolve the dispute within sixty (60) calendar days of the notification date. If the Parties are unable within the 60 day period to reach resolution, then the aggrieved Party may pursue dispute resolution in accordance with the General Terms and Conditions of this Version R1Q03: 03/04/03 Agreement. If the dispute is not resolved within sixty (60) days of the Bill Date, the dispute will be escalated to the second level of management for each of the respective Parties for resolution. If the dispute is not resolved within ninety (90) days of the Bill Date, the dispute will be escalated to the third level of management for each of the respective Parties for resolution. If the dispute is not resolved within one hundred and twenty (120) days of the Bill Date, the dispute will be escalated to the fourth level of management for each of the respective Parties for resolution.
7.6.4.2 2.2 For purposes of this SectionSection 2, a billing dispute means a reported dispute of a specific amount of money actually billed by BellSoutheither Party. The dispute must be clearly explained by the disputing Party and supported by written documentation, which clearly shows the basis for disputing charges. By way of example and not by limitation, a A billing dispute will not include the refusal to pay all or part of a xxxx bill or bills when no written documentation is provided to support the dispute, nor shall a billing dispute include the refusal to pay other amounts owed by the billed Party until the dispute is resolved. Claims by the billed Party for damages of any kind will not be considered a billing dispute for purposes of this Section. Once If the billing dispute is resolvedresolved in favor of the billing Party, the disputing Party will make immediate payment of any of the disputed amount owed to the billing Party or the billing Party shall have the right to pursue normal treatment procedures. Any credits due to the disputing Party, pursuant to the billing dispute, will be applied to the disputing Party's account by the billing Party immediately upon resolution of the dispute.
7.6.4.3 2.2.1.1 If a Party disputes a charge and does not pay such charge by the payment due date, such charges or if a payment or any portion of a payment is received by either Party after the payment due date, or if a payment or any portion of a payment is received in funds which are not immediately available to the other Party, then a late payment charge and interest, where applicable, shall be subject to assessed. For bills rendered by either Party for payment, the late payment charges charge for both Parties shall be calculated based on the portion of the payment not received by the payment due date multiplied by the late factor as set forth in the Late Payment Charges provision following BellSouth tariffs: for services purchased from the General Subscribers Services Tariff for purposes of this Attachment. If a Party disputes charges and the dispute is resolved in favor of such Partyresale, the other Party shall credit the xxxx Section A2 of the disputing Party General Subscriber Services Tariff and for services purchased from the amount Private Line Tariff for purposes of resale, Section B2 of the disputed charges along with any late payment charges assessed no later than the second Xxxx Date after the resolution of the disputePrivate Line Service Tariff. Accordingly, if a Party disputes charges and the dispute is resolved in favor of the other Party, the disputing Party The Parties shall pay the other Party the amount of the disputed charges and any associated late payment charges assessed no later than the second xxxx payment due date after the resolution of the dispute. BellSouth shall only assess interest on previously assessed late payment charges only in a state where it has the authority pursuant to its tariffs. All disputes resolved in favor of XxxxxXxx shall include the amount of credit, including return of interest charges and late payment fee, where applicable. Version R1Q03: 03/04/03 Attachment 4 Performance Measurements Upon a particular Commission’s issuance of an Order pertaining to Performance Measurements in a proceeding expressly applicable to all CLECs generally, BellSouth shall implement in that state such Performance Measurements as of the date specified by the Commission. Performance Measurements that have been Ordered in a particular state can currently be accessed via the internet at xxxxx://xxxx.xxxxxxxxx.xxx. At the request of the Tennessee Regulatory Authority (TRA), the following Regional Service Quality Measurements (SQM) plan is being included as the performance measurements currently in place for the state of Tennessee. At such time that the TRA issues an Order pertaining to Performance Measurements, such Performance Measurements shall supersede the Regional SQM contained in the Agreement.
Appears in 1 contract
Samples: Clec Agreement
Billing Disputes. 7.6.4.1 2.1 Each Party agrees to notify the other Party in writing upon the discovery of a billing dispute. Quality Telephone shall report all billing disputes to BellSouth Version R1Q03: 03/04/03 using the Billing Adjustment Request Form (RF 1461) provided by BellSouth. In the event of a billing dispute, the Parties will endeavor to resolve the dispute within sixty (60) calendar days of the notification date. If the Parties are unable within the 60 day period to reach resolution, then the aggrieved Party may pursue dispute resolution in accordance with the General Terms and Conditions of this Agreement.
7.6.4.2 2.2 For purposes of this SectionSection 2, a billing dispute means a reported dispute of a specific amount of money actually billed by BellSoutheither Party. The dispute must be clearly explained by the disputing Party and supported by written documentation, which clearly shows the basis for disputing charges. By way of example and not by limitation, a A billing dispute will not include the refusal to pay all or part of a xxxx or bills when no written documentation is provided to support the dispute, nor shall a billing dispute include the refusal to pay other amounts owed by the billed Party until the dispute is resolved. Claims by the billed Party for damages of any kind will not be considered a billing dispute for purposes of this Section. Once If the billing dispute is resolvedresolved in favor of the billing Party, the disputing Party will make immediate payment of any of the disputed amount owed to the billing Party or the billing Party shall have the right to pursue normal treatment procedures. Any credits due to the disputing Party, pursuant to the billing dispute, will be applied to the disputing Party's account by the billing Party immediately upon resolution of the dispute.
7.6.4.3 2.2.1.1 If a Party disputes a charge and does not pay such charge by the payment due date, such charges or if a payment or any portion of a payment is received by either Party after the payment due date, or if a payment or any portion of a payment is received in funds which are not immediately available to the other Party, then a late payment charge and interest, where applicable, shall be subject to assessed. For bills rendered by either Party for payment, the late payment charges charge for both Parties shall be calculated based on the portion of the payment not received by the payment due date multiplied by the late factor as set forth in the Late Payment Charges provision following BellSouth tariffs: for services purchased from the General Subscribers Services Tariff for purposes of this Attachment. If a Party disputes charges and the dispute is resolved in favor of such Partyresale, the other Party shall credit the xxxx Section A2 of the disputing Party General Subscriber Services Tariff and for services purchased from the amount Private Line Tariff for purposes of resale, Section B2 of the disputed charges along with any late payment charges assessed no later than the second Xxxx Date after the resolution of the disputePrivate Line Service Tariff. Accordingly, if a Party disputes charges and the dispute is resolved in favor of the other Party, the disputing Party The Parties shall pay the other Party the amount of the disputed charges and any associated late payment charges assessed no later than the second xxxx payment due date after the resolution of the dispute. BellSouth shall only assess interest on previously assessed late payment charges only in a state where it has the authority pursuant to its tariffs. Version R1Q03: 03/04/03 Attachment 4 Performance Measurements Upon a particular Commission’s issuance of an Order pertaining to Performance Measurements in a proceeding expressly applicable to all CLECs generally, BellSouth shall implement in that state such Performance Measurements as of the date specified by the Commission. Performance Measurements that have been Ordered in a particular state can currently be accessed via the internet at xxxxx://xxxx.xxxxxxxxx.xxx. At the request of the Tennessee Regulatory Authority (TRA), the following Regional Service Quality Measurements (SQM) plan is being included as the performance measurements currently in place for the state of Tennessee. At such time that the TRA issues an Order pertaining to Performance Measurements, such Performance Measurements shall supersede the Regional SQM contained in the Agreement.
Appears in 1 contract
Samples: Clec Agreement
Billing Disputes. 7.6.4.1 2.1 Each Party agrees to notify the other Party in writing upon the discovery of a billing dispute. Dialtone & More shall report all billing disputes to BellSouth using the Billing Adjustment Request Form (RF 1461) provided by BellSouth. In the Version R1Q03: 03/04/03 event of a billing dispute, the Parties will endeavor to resolve the dispute within sixty (60) calendar days of the notification date. If the Parties are unable within the 60 day period to reach resolution, then the aggrieved Party may pursue dispute resolution in accordance with the General Terms and Conditions of this Agreement.
7.6.4.2 2.2 For purposes of this SectionSection 2, a billing dispute means a reported dispute of a specific amount of money actually billed by BellSoutheither Party. The dispute must be clearly explained by the disputing Party and supported by written documentation, which clearly shows the basis for disputing charges. By way of example and not by limitation, a A billing dispute will not include the refusal to pay all or part of a xxxx or bills when no written documentation is provided to support the dispute, nor shall a billing dispute include the refusal to pay other amounts owed by the billed Party until the dispute is resolved. Claims by the billed Party for damages of any kind will not be considered a billing dispute for purposes of this Section. Once If the billing dispute is resolvedresolved in favor of the billing Party, the disputing Party will make immediate payment of any of the disputed amount owed to the billing Party or the billing Party shall have the right to pursue normal treatment procedures. Any credits due to the disputing Party, pursuant to the billing dispute, will be applied to the disputing Party's account by the billing Party immediately upon resolution of the dispute.
7.6.4.3 2.2.1.1 If a Party disputes a charge and does not pay such charge by the payment due date, such charges or if a payment or any portion of a payment is received by either Party after the payment due date, or if a payment or any portion of a payment is received in funds which are not immediately available to the other Party, then a late payment charge and interest, where applicable, shall be subject to assessed. For bills rendered by either Party for payment, the late payment charges charge for both Parties shall be calculated based on the portion of the payment not received by the payment due date multiplied by the late factor as set forth in the Late Payment Charges provision following BellSouth tariffs: for services purchased from the General Subscribers Services Tariff for purposes of this Attachment. If a Party disputes charges and the dispute is resolved in favor of such Partyresale, the other Party shall credit the xxxx Section A2 of the disputing Party General Subscriber Services Tariff and for services purchased from the amount Private Line Tariff for purposes of resale, Section B2 of the disputed charges along with any late payment charges assessed no later than the second Xxxx Date after the resolution of the disputePrivate Line Service Tariff. Accordingly, if a Party disputes charges and the dispute is resolved in favor of the other Party, the disputing Party The Parties shall pay the other Party the amount of the disputed charges and any associated late payment charges assessed no later than the second xxxx payment due date after the resolution of the dispute. BellSouth shall only assess interest on previously assessed late payment charges only in a state where it has the authority pursuant to its tariffs.. Version R1Q03: 03/04/03 Attachment 4 Performance Measurements Upon a particular Commission’s issuance of an Order pertaining to Performance Measurements in a proceeding expressly applicable to all CLECs generally, BellSouth shall implement in that state such Performance Measurements as of the date specified by the Commission. Performance Measurements that have been Ordered in a particular state can currently be accessed via the internet at xxxxx://xxxx.xxxxxxxxx.xxx. Attachment 5 BellSouth Disaster Recovery Plan
Appears in 1 contract
Samples: Clec Agreement
Billing Disputes. 7.6.4.1 2.1 Each Party agrees to notify the other Party in writing upon the discovery of a billing dispute. The Phone Connection shall report all billing disputes to BellSouth using the Billing Adjustment Request Form (RF 1461) provided by BellSouth. In the event of a billing dispute, the Parties will endeavor to resolve the dispute within sixty (60) calendar days of the notification date. If the Parties are unable within the 60 day period to reach resolution, then the aggrieved Party may pursue dispute resolution in accordance with the General Terms and Conditions of this Agreement.
7.6.4.2 2.2 For purposes of this SectionSection 2, a billing dispute means a reported dispute of a specific amount of money actually billed by BellSoutheither Party. The dispute must be clearly explained by the disputing Party and supported by written documentation, which clearly shows the basis for disputing charges. By way of example and not by limitation, a A billing dispute will not include the refusal to pay all or part of a xxxx bill or bills when no written documentation is provided to support the dispute, nor shall a billing dispute include the refusal to pay other amounts owed by the billed Party until the dispute is resolved. Claims by the billed Party for damages of any kind will not be considered a billing dispute for purposes of this Section. Once If the billing dispute is resolvedresolved in favor of the billing Party, the disputing Party will make immediate payment of any of the disputed amount owed to the billing Party or the billing Party shall have the right to pursue normal treatment procedures. Any credits due to the disputing Party, pursuant to the billing dispute, will be applied to the disputing Party's account by the billing Party immediately upon resolution of the dispute.
7.6.4.3 2.2.1.1 If a Party disputes a charge and does not pay such charge by the payment due date, such charges or if a payment or any portion of a payment is received by either Party after the payment due date, or if a payment or any portion of a payment is received in funds which are not immediately available to the other Party, then a late payment charge and interest, where applicable, shall be subject to assessed. For bills rendered by either Party for payment, the late payment charges charge for both Parties shall be calculated based on the portion of the payment not received by the payment due date multiplied by the late factor as set forth in the Late Payment Charges provision following BellSouth tariffs: for services purchased from the General Subscribers Services Tariff for purposes of this Attachment. If a Party disputes charges and the dispute is resolved in favor of such Partyresale, the other Party shall credit the xxxx Section A2 of the disputing Party General Subscriber Services Tariff and for services purchased from the amount Private Line Tariff for purposes of resale, Section B2 of the disputed charges along with any late payment charges assessed no later than the second Xxxx Date after the resolution of the disputePrivate Line Service Tariff. Accordingly, if a Party disputes charges and the dispute is resolved in favor of the other Party, the disputing Party The Parties shall pay the other Party the amount of the disputed charges and any associated late payment charges assessed no later than the second xxxx payment due date after the resolution of the dispute. BellSouth shall only assess interest on previously assessed late payment charges only in a state where it has the authority pursuant to its tariffs.. Version R1Q03: 03/04/03 Attachment 4 Performance Measurements Upon a particular Commission’s issuance of an Order pertaining to Performance Measurements in a proceeding expressly applicable to all CLECs generally, BellSouth shall implement in that state such Performance Measurements as of the date specified by the Commission. Performance Measurements that have been Ordered in a particular state can currently be accessed via the internet at xxxxx://xxxx.xxxxxxxxx.xxx. The following Service Quality Measurements (SQM) plan adopted by the Florida Commission on February 14, 2002, as it presently exists and as it may be modified in the future, is being included as the performance measurements currently in place for the state of Tennessee. At such time that the TRA issues a subsequent Order pertaining to Performance Measurements, such Performance Measurements shall supersede the SQM contained in the Agreement. BellSouth Service Quality Measurement Plan
Appears in 1 contract
Samples: Resale Agreement
Billing Disputes. 7.6.4.1 Each A billing dispute (“Billing Dispute”) is limited to charges contained within one invoice and one invoice only. The disputing Party agrees must submit a billing dispute to notify the other billing Party on the Billing Dispute Form contained in writing upon Appendix A by the discovery due date on the disputed bill. The disputing Party will not combine multiple invoices into one Billing Dispute without the prior written consent by the billing Party. The Billing Dispute Form must be complete, with all fields populated with the required information for the billable element in dispute. If the Billing Dispute Form is not complete with all information, the dispute will be rejected by the billing Party. After receipt of a completed dispute, the billing Party will review to determine the accuracy of the billing dispute. In If the event billing Party determines the dispute is valid, the billing Party will credit the disputing Party’s bill by the next bill date. If the billing Party determines the billing dispute is not valid, the
1.1. If escalation of the billing dispute does not occur within the thirty (30) calendar days as outlined below, the disputing Party must remit payment for the disputed charge, including late payment charges, to the billing Party by the next bill date and the billing dispute will be closed and resolved in favor of the billing Party.
9.1.1.1 Resolution of the billing dispute is expected to occur at the first level of management, resulting in a recommendation for settlement of the dispute and closure of a specific billing disputeperiod. If the billing dispute is not resolved within thirty (30) calendar days from receipt of the Billing Dispute Form, the following resolution procedure may be implemented at the request of the disputing Party:
9.1.1.1.1 If the billing dispute is not resolved within thirty (30) calendar days of receipt of the Billing Dispute Form, the billing dispute may be escalated by the disputing Party to the second level of management for each of the respective Parties will endeavor for resolution. If the billing dispute is not resolved within sixty (60) calendar days of receipt of the Billing Dispute Form, the billing dispute may be escalated by the disputing Party to resolve the dispute third level of management for each of the respective Parties for resolution. If escalation by the disputing Party to the next level of management does not occur within sixty (60) calendar days of the notification datereceipt of the Billing Dispute Form, the disputing Party must remit payment for the disputed charge, including late payment charges, to the billing Party by the next bill date and the billing dispute will be closed and resolved in favor of the billing Party.
9.1.1.1.2 If the billing dispute is not resolved within ninety (90) calendar days of the receipt of the Billing Dispute Form, the billing dispute may be escalated by the disputing Party to the fourth level of management for each of the respective Parties for resolution. If escalation by the Parties are unable disputing Party to the next level of management does not occur within ninety (90) calendar days of the 60 day period receipt of the Billing Dispute Form, the disputing Party must remit payment for the disputed charge, including late payment charges, to reach resolutionthe billing Party by the next bill date and the billing dispute will be closed and resolved in favor of the billing Party.
9.1.1.1.3 Each Party will provide to the other Party an escalation list for resolving a billing dispute. The escalation list will contain the name, then title, phone number, fax number and email address for each escalation point identified in this section 9.
1.1.1. A Party’s failure to pay all undisputed amounts by the aggrieved Party may pursue dispute resolution in accordance with due date listed on the General Terms and Conditions bill is a material breach of this Agreement.
7.6.4.2 For purposes of this Section, a billing dispute means a dispute of a specific amount of money actually billed by BellSouth. The dispute must be clearly explained by the disputing Party and supported by written documentation, which clearly shows the basis for disputing charges. By way of example and not by limitation, a billing dispute will not include the refusal to pay all or part of a xxxx or bills when no written documentation is provided to support the dispute, nor shall a billing dispute include the refusal to pay other amounts owed by the billed Party until the dispute is resolved. Claims by the billed Party for damages of any kind will not be considered a billing dispute for purposes of this Section. Once 9.1.1.1.4 If the billing dispute is resolvednot resolved within one hundred twenty (120) days of receipt of the Billing Dispute Form the Formal Dispute Resolution process, outlined in section 9.4, may be invoked. To invoke Formal Dispute Resolution per section 9.4, for a billing dispute, the disputing Party will make immediate payment of any of the disputed amount owed to the billing Party or the billing Party shall have the right to pursue normal treatment procedures. Any credits due to the disputing Party, pursuant to the billing dispute, will be applied to the disputing Party's account by the billing Party immediately upon resolution of the dispute.
7.6.4.3 If a Party disputes a charge and does not pay such charge by the payment due date, such charges shall be subject to late payment charges as set forth in the Late Payment Charges provision of this Attachment. If a Party disputes charges and must escalate the dispute is resolved through the fourth level escalation as defined in favor of such Party, the other Party shall credit the xxxx of the disputing Party for the amount of the disputed charges along with any late payment charges assessed no later than the second Xxxx Date after the resolution of the dispute. Accordingly, if a Party disputes charges and the dispute is resolved in favor of the other Party, the disputing Party shall pay the other Party the amount of the disputed charges and any associated late payment charges assessed no later than the second xxxx payment due date after the resolution of the dispute. BellSouth shall only assess interest on previously assessed late payment charges in a state where it has authority pursuant to its tariffssection 9.1.1.1 through 9.
Appears in 1 contract
Samples: Interconnection Agreement
Billing Disputes. 7.6.4.1 2.1 Each Party agrees to notify the other Party in writing upon the discovery of a billing dispute. E2 shall report all billing disputes to BellSouth using the Billing Adjustment Request Form (RF 1461) provided by BellSouth. In the event of a billing dispute, the Parties will endeavor to resolve the dispute within sixty (60) calendar days of the notification date. If the Parties are unable within the 60 day period to reach resolution, then the aggrieved Party may pursue dispute resolution in accordance with the General Terms and Conditions of this Agreement.
7.6.4.2 2.2 For purposes of this SectionSection 2, a billing dispute means a reported dispute of a specific amount of money actually billed by BellSoutheither Party. The dispute must be clearly explained by the disputing Party and supported by written documentation, Version R1Q03: 03/04/03 which clearly shows the basis for disputing charges. By way of example and not by limitation, a A billing dispute will not include the refusal to pay all or part of a xxxx or bills when no written documentation is provided to support the dispute, nor shall a billing dispute include the refusal to pay other amounts owed by the billed Party until the dispute is resolved. Claims by the billed Party for damages of any kind will not be considered a billing dispute for purposes of this Section. Once If the billing dispute is resolvedresolved in favor of the billing Party, the disputing Party will make immediate payment of any of the disputed amount owed to the billing Party or the billing Party shall have the right to pursue normal treatment procedures. Any credits due to the disputing Party, pursuant to the billing dispute, will be applied to the disputing Party's account by the billing Party immediately upon resolution of the dispute.
7.6.4.3 2.2.1.1 If a Party disputes a charge and does not pay such charge by the payment due date, such charges or if a payment or any portion of a payment is received by either Party after the payment due date, or if a payment or any portion of a payment is received in funds which are not immediately available to the other Party, then a late payment charge and interest, where applicable, shall be subject to assessed. For bills rendered by either Party for payment, the late payment charges charge for both Parties shall be calculated based on the portion of the payment not received by the payment due date multiplied by the late factor as set forth in the Late Payment Charges provision following BellSouth tariffs: for services purchased from the General Subscribers Services Tariff for purposes of this Attachment. If a Party disputes charges and the dispute is resolved in favor of such Partyresale, the other Party shall credit the xxxx Section A2 of the disputing Party General Subscriber Services Tariff and for services purchased from the amount Private Line Tariff for purposes of resale, Section B2 of the disputed charges along with any late payment charges assessed no later than the second Xxxx Date after the resolution of the disputePrivate Line Service Tariff. Accordingly, if a Party disputes charges and the dispute is resolved in favor of the other Party, the disputing Party The Parties shall pay the other Party the amount of the disputed charges and any associated late payment charges assessed no later than the second xxxx payment due date after the resolution of the dispute. BellSouth shall only assess interest on previously assessed late payment charges only in a state where it has the authority pursuant to its tariffs.. Version R1Q03: 03/04/03 BellSouth Service Quality Measurement Plan
Appears in 1 contract
Samples: Resale Agreement
Billing Disputes. 7.6.4.1 Each The disputing Party agrees must submit billing disputes (“Billing Disputes”) to notify the other billing Party on the Billing Dispute Form contained in writing upon Appendix A by the discovery due date on the disputed bill. The dispute form must be complete, with all fields populated with the required information for the billable element in dispute. If the billing dispute form is not complete with all information, the dispute will be rejected by the billing Party. After receipt of a completed dispute, the billing Party will review to determine the accuracy of the billing dispute. In If the event of a billing disputeParty determines the dispute is valid, the billing Party will credit the disputing Party’s bill by the next bill date. If the billing Party determines the billing dispute is not valid, the disputing Party may escalate the dispute as outlined in section
9.1.1.1. If escalation of the billing dispute does not occur within the 60 days as outlined below, the disputing Party must remit payment for the disputed charge, including late payment charges, to the billing Party by the next bill date. The Parties will endeavor to resolve all Billing Disputes within sixty (60) calendar days from receipt of the Dispute Form.
9.1.1.1 Resolution of the dispute is expected to occur at the first level of management, resulting in a recommendation for settlement of the dispute and closure of a specific billing period. If the issues are not resolved within the allotted time frame, the following resolution procedure will be implemented:
9.1.1.1.1 If the dispute is not resolved within thirty (30) calendar days of receipt of the Dispute Notice, the dispute will be escalated to the second level of management for each of the respective Parties for resolution. If the dispute is not resolved within sixty (60) calendar days of the notification date. , the dispute will be escalated to the third level of management for each of the respective Parties for resolution.
9.1.1.1.2 If the dispute is not resolved within ninety (90) calendar days of the receipt of the Dispute Form, the dispute will be escalated to the fourth level of management for each of the respective Parties are unable within the 60 day period to reach for resolution, then the aggrieved Party may pursue dispute resolution in accordance with the General Terms and Conditions of this Agreement.
7.6.4.2 For purposes 9.1.1.1.3 If the dispute is not resolved within one hundred twenty (120) days of this Section, a billing dispute means a dispute receipt of a specific amount of money actually billed by BellSouth. The dispute must be clearly explained by the disputing Dispute Form or either Party and supported by written documentation, which clearly shows the basis for disputing charges. By way of example and is not by limitation, a billing dispute will not include the refusal operating in good faith to pay all or part of a xxxx or bills when no written documentation is provided to support resolve the dispute, nor shall a the Formal Dispute Resolution process, outlined in section 9.4, may be invoked.
9.1.1.1.4 Each Party will provide to the other Party an escalation list for resolving billing dispute include disputes. The escalation list will contain the refusal to pay other amounts owed by the billed Party until the dispute is resolved. Claims by the billed Party for damages of any kind will not be considered a billing dispute for purposes of this Section. Once the billing dispute is resolved, name,
9.1.1.2 If the disputing Party will make immediate payment of any of the disputed amount owed to the billing Party or the billing Party shall have the right to pursue normal treatment procedures. Any credits due to the disputing Party, pursuant to the billing dispute, will be applied to the disputing Party's account by the billing Party immediately upon resolution of the dispute.
7.6.4.3 If a Party disputes a charge and does not pay such charge by the payment due date, such charges shall be subject to late payment charges as set forth in the Late Payment Charges provision of this Attachmentsubsection 8.3 above. If a Party disputes charges and the dispute is resolved in favor of such Party, the other Party shall credit the xxxx of the disputing Party for the amount of the disputed charges along with any late payment charges assessed no later than the second Xxxx Date after the resolution of the dispute. Accordingly, if a Party disputes charges and the dispute is resolved in favor of the other disputing Party, the billing Party shall credit the bill of the disputing Party for the amount of the disputed charges, along with any late payment charges assessed, by the next billing cycle after the resolution of the dispute. Accordingly, if the disputing Party disputes charges and the dispute is resolved in favor of the billing Party, the disputing Party shall pay the other billing Party the amount of the disputed charges and any associated late payment charges assessed no later than charges, by the second xxxx payment next billing due date after the resolution of the dispute.
9.1.1.3 For purposes of this subsection 9.1.1, a billing dispute shall not include the refusal to pay other amounts owed to a Party pending resolution of the dispute. BellSouth Claims by the disputing Party for damages of any kind will not be considered a Bona Fide Dispute for purposes of this subsection 9.1.1.
9.1.1.4 Once the billing dispute has been processed in accordance with this subsection 9.1.1, the disputing Party will make payment on any of the disputed amount owed to the billing Party within five (5) business days, or the billing Party shall only assess interest on previously assessed late payment have the right to pursue normal treatment procedures. Any credits due to the disputing Party resulting from the Dispute process will be applied to the disputing Party's account by the billing Party before the next billing cycle upon resolution of the dispute.
9.1.1.5 Neither Party shall bill the other Party for charges in a state where it has authority pursuant to its tariffs.incurred more than twelve
Appears in 1 contract
Samples: Interconnection Agreement
Billing Disputes. 7.6.4.1 Version R1Q03: 03/04/03
2.1 Each Party agrees to notify the other Party in writing upon the discovery of a billing dispute. North Carolina Telcom shall report all billing disputes to BellSouth using the Billing Adjustment Request Form (RF 1461) provided by BellSouth. In the event of a billing dispute, the Parties will endeavor to resolve the dispute within sixty (60) calendar days of the notification date. If the Parties are unable within the 60 day period to reach resolution, then the aggrieved Party may pursue dispute resolution in accordance with the General Terms and Conditions of this Agreement.
7.6.4.2 2.2 For purposes of this SectionSection 2, a billing dispute means a reported dispute of a specific amount of money actually billed by BellSoutheither Party. The dispute must be clearly explained by the disputing Party and supported by written documentation, which clearly shows the basis for disputing charges. By way of example and not by limitation, a A billing dispute will not include the refusal to pay all or part of a xxxx bill or bills when no written documentation is provided to support the dispute, nor shall a billing dispute include the refusal to pay other amounts owed by the billed Party until the dispute is resolved. Claims by the billed Party for damages of any kind will not be considered a billing dispute for purposes of this Section. Once If the billing dispute is resolvedresolved in favor of the billing Party, the disputing Party will make immediate payment of any of the disputed amount owed to the billing Party or the billing Party shall have the right to pursue normal treatment procedures. Any credits due to the disputing Party, pursuant to the billing dispute, will be applied to the disputing Party's account by the billing Party immediately upon resolution of the dispute.
7.6.4.3 2.2.1.1 If a Party disputes a charge and does not pay such charge by the payment due date, such charges or if a payment or any portion of a payment is received by either Party after the payment due date, or if a payment or any portion of a payment is received in funds which are not immediately available to the other Party, then a late payment charge and interest, where applicable, shall be subject to assessed. For bills rendered by either Party for payment, the late payment charges charge for both Parties shall be calculated based on the portion of the payment not received by the payment due date multiplied by the late factor as set forth in the Late Payment Charges provision following BellSouth tariffs: for services purchased from the General Subscribers Services Tariff for purposes of this Attachment. If a Party disputes charges and the dispute is resolved in favor of such Partyresale, the other Party shall credit the xxxx Section A2 of the disputing Party General Subscriber Services Tariff and for services purchased from the amount Private Line Tariff for purposes of resale, Section B2 of the disputed charges along with any late payment charges assessed no later than the second Xxxx Date after the resolution of the disputePrivate Line Service Tariff. Accordingly, if a Party disputes charges and the dispute is resolved in favor of the other Party, the disputing Party The Parties shall pay the other Party the amount of the disputed charges and any associated late payment charges assessed no later than the second xxxx payment due date after the resolution of the dispute. BellSouth shall only assess interest on previously assessed late payment charges only in a state where it has the authority pursuant to its tariffs.. Version R1Q03: 03/04/03 BellSouth Service Quality Measurement Plan
Appears in 1 contract
Samples: Resale Agreement
Billing Disputes. 7.6.4.1 2.1 Each Party agrees to notify the other Party in writing upon the discovery of a billing dispute. X. Xxxxxxx shall report all billing disputes to BellSouth using the Billing Adjustment Request Form (RF 1461) provided by BellSouth. In the event of a billing dispute, the Parties will endeavor to resolve the dispute within sixty (60) calendar days of the notification date. If the Parties are unable within the 60 day period to reach resolution, then the aggrieved Party may pursue dispute Version R1Q03: 03/04/03 resolution in accordance with the General Terms and Conditions of this Agreement.
7.6.4.2 2.2 For purposes of this SectionSection 2, a billing dispute means a reported dispute of a specific amount of money actually billed by BellSoutheither Party. The dispute must be clearly explained by the disputing Party and supported by written documentation, which clearly shows the basis for disputing charges. By way of example and not by limitation, a A billing dispute will not include the refusal to pay all or part of a xxxx bill or bills when no written documentation is provided to support the dispute, nor shall a billing dispute include the refusal to pay other amounts owed by the billed Party until the dispute is resolved. Claims by the billed Party for damages of any kind will not be considered a billing dispute for purposes of this Section. Once If the billing dispute is resolvedresolved in favor of the billing Party, the disputing Party will make immediate payment of any of the disputed amount owed to the billing Party or the billing Party shall have the right to pursue normal treatment procedures. Any credits due to the disputing Party, pursuant to the billing dispute, will be applied to the disputing Party's account by the billing Party immediately upon resolution of the dispute.
7.6.4.3 2.2.1.1 If a Party disputes a charge and does not pay such charge by the payment due date, such charges or if a payment or any portion of a payment is received by either Party after the payment due date, or if a payment or any portion of a payment is received in funds which are not immediately available to the other Party, then a late payment charge and interest, where applicable, shall be subject to assessed. For bills rendered by either Party for payment, the late payment charges charge for both Parties shall be calculated based on the portion of the payment not received by the payment due date multiplied by the late factor as set forth in the Late Payment Charges provision following BellSouth tariffs: for services purchased from the General Subscribers Services Tariff for purposes of this Attachment. If a Party disputes charges and the dispute is resolved in favor of such Partyresale, the other Party shall credit the xxxx Section A2 of the disputing Party General Subscriber Services Tariff and for services purchased from the amount Private Line Tariff for purposes of resale, Section B2 of the disputed charges along with any late payment charges assessed no later than the second Xxxx Date after the resolution of the disputePrivate Line Service Tariff. Accordingly, if a Party disputes charges and the dispute is resolved in favor of the other Party, the disputing Party The Parties shall pay the other Party the amount of the disputed charges and any associated late payment charges assessed no later than the second xxxx payment due date after the resolution of the dispute. BellSouth shall only assess interest on previously assessed late payment charges only in a state where it has the authority pursuant to its tariffs.. Version R1Q03: 03/04/03 Attachment 4 Performance Measurements Upon a particular Commission’s issuance of an Order pertaining to Performance Measurements in a proceeding expressly applicable to all CLECs generally, BellSouth shall implement in that state such Performance Measurements as of the date specified by the Commission. Performance Measurements that have been Ordered in a particular state can currently be accessed via the internet at xxxxx://xxxx.xxxxxxxxx.xxx. The following Service Quality Measurements (SQM) plan adopted by the Florida Commission on February 14, 2002, as it presently exists and as it may be modified in the future, is being included as the performance measurements currently in place for the state of Tennessee. At such time that the TRA issues a subsequent Order pertaining to Performance Measurements, such Performance Measurements shall supersede the SQM contained in the Agreement. BellSouth Service Quality Measurement Plan
Appears in 1 contract
Samples: Resale Agreement
Billing Disputes. 7.6.4.1 3.1 Where the parties have not agreed upon a billing quality assurance program, billing disputes shall be handled pursuant to the terms of this section. Provided, that nothing herein shall preclude either party from filing complaints, at any time, in accordance with the dispute resolution provisions included in the General Terms and Conditions to the Agreement.
3.2 Each Party agrees to notify the other Party in writing upon the discovery of a billing dispute. Each Party shall report all billing disputes using the Billing Adjustment Request Form (BAR Form RF 1461). In the event of a billing dispute, the Parties will endeavor to resolve the dispute within sixty (60) calendar days of the notification dateXxxx Date on which such disputed charges appear. Resolution of the dispute is expected to occur at the first level of management as set forth in Exhibit A, resulting in a recommendation for settlement of the dispute and closure of a specific billing period. If the Parties issues are unable not resolved within the 60 day period to reach resolutionallotted time frame, then the aggrieved Party may pursue dispute following resolution in accordance with the General Terms and Conditions of this Agreementprocedure will begin.
7.6.4.2 For purposes of this Section, a billing dispute means a dispute of a specific amount of money actually billed by BellSouth. The dispute must be clearly explained by the disputing Party and supported by written documentation, which clearly shows the basis for disputing charges. By way of example and not by limitation, a billing dispute will not include the refusal to pay all or part of a xxxx or bills when no written documentation is provided to support the dispute, nor shall a billing dispute include the refusal to pay other amounts owed by the billed Party until 3.2.1 If the dispute is resolvednot resolved within sixty (60) days of the Xxxx Date, the dispute will be escalated to the second level of management as set forth in Exhibit A for each of the respective Parties for resolution. Claims by If the billed Party for damages of any kind will not be considered a billing dispute for purposes of this Section. Once the billing dispute is resolvednot resolved within ninety (90) days of the Xxxx Date, the disputing Party dispute will make immediate payment be escalated to the third level of any management as set forth in Exhibit A for each of the disputed amount owed respective Parties for resolution.
3.2.2 If the dispute is not resolved within one hundred and twenty (120) days of the Xxxx Date, the dispute will be escalated to the billing Party or the billing Party shall have the right to pursue normal treatment procedures. Any credits due to the disputing Party, pursuant to the billing dispute, will be applied to the disputing Party's account by the billing Party immediately upon resolution fourth level of management as set forth in Exhibit A for each of the disputerespective Parties for resolution.
7.6.4.3 3.3 If a Party disputes a charge and does not pay such charge by the payment due date, such charges shall be subject to late payment charges as set forth in the Late Payment Charges provision of this Attachment. If a Party disputes charges and the dispute is resolved in favor of such Party, the other Party shall credit the xxxx of the disputing Party for the amount of the disputed charges along with any late payment charges assessed no later than the second Xxxx Date after the resolution of the dispute. Accordingly, if a Party disputes charges and the dispute is resolved in favor of the other Party, the disputing Party shall pay the other Party the amount of the disputed charges and any associated late payment charges assessed no later than the second xxxx payment due date after the resolution of the dispute. BellSouth In no event, however, shall only assess interest any late payment charges be assessed on any previously assessed late payment charges in charges.
3.4 The Parties can backbill for services rendered under this Agreement up to twelve (12) months after the invoice for those services has been rendered however, either Party may petition the Commission to allow back billing for a state where it has authority pursuant particular charge up to its tariffsthirty-six (36) months upon the showing of good cause, including changes arising out of governmental mandates, regulatory actions including true-ups and similar proceedings.
Appears in 1 contract
Billing Disputes. 7.6.4.1 Each The disputing Party agrees must submit billing disputes ("Billing Disputes") to notify the other billing Party on the Billing Dispute Form contained in writing upon Attachment 11 by the discovery due date on the disputed xxxx. The dispute form must be complete, with all fields populated with the required information for the billable element in dispute. If the billing dispute form is not complete with all information, the dispute will be denied by the billing Party. After receipt of a completed dispute, the billing Party will review to determine the accuracy of the billing dispute. In If the event of a billing disputeParty determines the dispute is valid, the billing Party will credit the disputing Party's xxxx by the next xxxx date. If the billing Party determines the billing dispute is not valid, the disputing Party may escalate the dispute as outlined in section 3.1.
1.1. If escalation of the billing dispute does not occur within the 60 days as outlined below, the disputing Party must remit payment for the disputed charge, including late payment charges, to the billing Party by the next xxxx date. The Parties will endeavor to resolve all Billing Disputes within sixty (60) calendar days from receipt of the Dispute Form.
3.1.1.1 Resolution of the dispute is expected to occur at the first level of management, resulting in a recommendation for settlement of the dispute and closure of a specific billing period., If the issues are not resolved within the allotted time frame, the following resolution procedure will be implemented:
3.1.1.1.1 If the dispute is not resolved within sixty (60) calendar days of receipt of the Dispute Notice, the dispute will be escalated to the second level of management for each of the respective Parties for resolution. If the dispute is not resolved within ninety (90) calendar days of the notification date, the dispute will be escalated to the third level of management for each of the respective Parties for resolution. If the Parties are unable dispute is not resolved within one hundred and twenty (120) calendar days of the 60 day period to reach resolutionreceipt of the Dispute Form, then the aggrieved either Party may pursue dispute resolution in accordance proceed with the General Terms and Conditions of this Agreement.
7.6.4.2 For purposes of this Section, a billing dispute means a dispute of a specific amount of money actually billed by BellSouth. The dispute must be clearly explained by the disputing Party and supported by written documentation, which clearly shows the basis for disputing charges. By way of example and not by limitation, a billing dispute will not include the refusal any remedy available to pay all or part of a xxxx or bills when no written documentation is provided to support the dispute, nor shall a billing dispute include the refusal to pay other amounts owed by the billed Party until the dispute is resolved. Claims by the billed Party for damages of any kind will not be considered a billing dispute for purposes of this Section. Once the billing dispute is resolved, the disputing Party will make immediate payment of any of the disputed amount owed to the billing Party or the billing Party shall have the right to pursue normal treatment procedures. Any credits due to the disputing Party, it pursuant to the billing disputelaw, will be applied to the disputing Party's account by the billing Party immediately upon resolution of the disputeequity or agency mechanisms.
7.6.4.3 If a Party disputes a charge and does not pay such charge by the payment due date, such charges shall be subject to late payment charges as set forth in the Late Payment Charges provision of this Attachment. If a Party disputes charges and the dispute is resolved in favor of such Party, the other Party shall credit the xxxx of the disputing Party for the amount of the disputed charges along with any late payment charges assessed no later than the second Xxxx Date after the resolution of the dispute. Accordingly, if a Party disputes charges and the dispute is resolved in favor of the other Party, the disputing Party shall pay the other Party the amount of the disputed charges and any associated late payment charges assessed no later than the second xxxx payment due date after the resolution of the dispute. BellSouth shall only assess interest on previously assessed late payment charges in a state where it has authority pursuant to its tariffs.
Appears in 1 contract
Samples: Wireless Interconnection and Reciprocal Compensation Agreement
Billing Disputes. 7.6.4.1 2.1 Each Party agrees to notify the other Party in writing upon the discovery of a billing dispute. Consumers Telephone & Telecom shall report all billing disputes to BellSouth using the Billing Adjustment Request Form (RF 1461) provided by BellSouth. In the event of a billing dispute, the Parties will endeavor to resolve the dispute within sixty (60) calendar days of the notification date. If the Parties are unable within the 60 sixty (60) calendar day period to reach resolution, then the aggrieved Party may pursue dispute resolution in accordance with the General Terms and Conditions of this Agreement.
7.6.4.2 2.2 For purposes of this SectionSection 2, a billing dispute means a reported dispute of a specific amount of money actually billed by BellSoutheither Party. The dispute must be clearly explained by the disputing Party and supported by written documentation, which clearly shows the basis for disputing charges. By way of example and not by limitation, a billing dispute will not include the refusal to pay all or part of a xxxx or bills when no written documentation is provided to support the dispute, nor shall a billing dispute include the refusal to pay other amounts owed by the billed Version R2Q02: 06/3/02 Party until the dispute is resolved. Claims by the billed Party for damages of any kind will not be considered a billing dispute for purposes of this Section. Once If the billing dispute is resolvedresolved in favor of the billing Party, the disputing Party will make immediate payment of any of the disputed amount owed to the billing Party or the billing Party shall have the right to pursue normal treatment procedures. Any credits due to the disputing Party, pursuant to the billing dispute, will be applied to the disputing Party's account by the billing Party immediately upon resolution of the dispute.
7.6.4.3 2.3 If a Party disputes a charge and does not pay such charge by the payment due date, such charges or if a payment or any portion of a payment is received by either Party after the payment due date, or if a payment or any portion of a payment is received in funds which are not immediately available to the other Party, then a late payment charge and interest, where applicable, shall be subject to assessed. For bills rendered by either Party for payment, the late payment charges charge for both Parties shall be calculated based on the portion of the payment not received by the payment due date multiplied by the late factor as set forth in the Late Payment Charges provision following BellSouth tariffs: for services purchased from the General Subscribers Services Tariff for purposes of this Attachment. If a Party disputes charges and the dispute is resolved in favor of such Partyresale, the other Party shall credit the xxxx Section A2 of the disputing Party General Subscriber Services Tariff and for services purchased from the amount Private Line Tariff for purposes of resale, Section B2 of the disputed charges along with any late payment charges assessed no later than the second Xxxx Date after the resolution of the disputePrivate Line Service Tariff. Accordingly, if a Party disputes charges and the dispute is resolved in favor of the other Party, the disputing Party The Parties shall pay the other Party the amount of the disputed charges and any associated late payment charges assessed no later than the second xxxx payment due date after the resolution of the dispute. BellSouth shall only assess interest on previously assessed late payment charges only in a state where it has the authority pursuant to its tariffs.. Version R2Q02: 06/3/02 ATTACHMENT 4 Version R2Q02: 6/3/02 Upon a particular Commission’s issuance of an Order pertaining to Performance Measurements in a proceeding expressly applicable to all CLECs generally, BellSouth shall implement in that state such Performance Measurements as of the date specified by the Commission. Performance Measurements that have been Ordered in a particular state can currently be accessed via the internet at xxxxx://xxxx.xxxxxxxxx.xxx. At the request of the Tennessee Regulatory Authority (TRA), the following Regional Service Quality Measurements (SQM) plan is being included as the performance measurements currently in place for the state of Tennessee. At such time that the TRA issues an Order pertaining to Performance Measurements, such Performance Measurements shall supersede the Regional SQM contained in the Agreement. Version R2Q02: 6/3/02 Attachment 5 BellSouth Disaster Recovery Plan
Appears in 1 contract
Samples: Clec Agreement
Billing Disputes. 7.6.4.1 2.1 Each Party agrees to notify the other Party in writing upon the discovery of a billing dispute. Colmena Corp. shall report all billing disputes to BellSouth using the Billing Adjustment Request Form (RF 1461) provided by XxxxXxxxx. In the event of a billing dispute, the Parties will endeavor to resolve the dispute within sixty (60) calendar days of the notification date. If the Parties are unable within the 60 sixty (60) calendar day period to reach resolution, then the aggrieved Party may pursue dispute resolution in accordance with the General Terms and Conditions of this Agreement.
7.6.4.2 2.2 For purposes of this SectionSection 2, a billing dispute means a reported dispute of a specific amount of money actually billed by BellSoutheither Party. The dispute must be clearly explained by the disputing Party and supported by written documentation, which clearly shows the basis for disputing charges. By way of example and not by limitation, a billing dispute will not include the refusal to pay all or part of a xxxx bill or bills when no written documentation is provided to support the dispute, nor shall a billing dispute include the refusal to pay other amounts owed by the billed Party until the dispute is resolved. Claims by the billed Party for damages of any kind will not be considered a billing dispute for purposes of this Section. Once If the billing dispute is resolvedresolved in favor of the billing Party, the disputing Party will make immediate payment of any of the disputed amount owed to the billing Party or the billing Party shall have the right to pursue normal treatment procedures. Any credits due to the disputing Party, pursuant to the billing dispute, will be applied to the disputing Party's account by the billing Party immediately upon resolution of the dispute.
7.6.4.3 2.3 If a Party disputes a charge and does not pay such charge by the payment due date, such charges or if a payment or any portion of a payment is received by either Party after the payment due date, or if a payment or any portion of a payment is received in funds which are not immediately available to the other Party, then a late payment charge and interest, where applicable, shall be subject to assessed. For bills rendered by either Party for payment, the late payment charges charge for both Parties shall be calculated based on the portion of the payment not received by the payment due date multiplied by the Version R4Q02: 02/26/02 late factor as set forth in the Late Payment Charges provision following BellSouth tariffs: for services purchased from the General Subscribers Services Tariff for purposes of this Attachment. If a Party disputes charges and the dispute is resolved in favor of such Partyresale, the other Party shall credit the xxxx Section A2 of the disputing Party General Subscriber Services Tariff and for services purchased from the amount Private Line Tariff for purposes of resale, Section B2 of the disputed charges along with any late payment charges assessed no later than the second Xxxx Date after the resolution of the disputePrivate Line Service Tariff. Accordingly, if a Party disputes charges and the dispute is resolved in favor of the other Party, the disputing Party The Parties shall pay the other Party the amount of the disputed charges and any associated late payment charges assessed no later than the second xxxx payment due date after the resolution of the dispute. BellSouth shall only assess interest on previously assessed late payment charges only in a state where it has the authority pursuant to its tariffs.. Version R4Q02: 02/26/02 ATTACHMENT 4 Version R1Q02: 02/26/02 Upon a particular Commission’s issuance of an Order pertaining to Performance Measurements in a proceeding expressly applicable to all CLECs generally, BellSouth shall implement in that state such Performance Measurements as of the date specified by the Commission. Performance Measurements that have been Ordered in a particular state can currently be accessed via the internet at xxxxx://xxxx.xxxxxxxxx.xxx. At the request of the Tennessee Regulatory Authority (TRA), the following Regional Service Quality Measurements (SQM) plan is being included as the performance measurements currently in place for the state of Tennessee. At such time that the TRA issues an Order pertaining to Performance Measurements, such Performance Measurements shall supersede the Regional SQM contained in the Agreement. Version R1Q02: 02/26/02 Attachment 5 BellSouth Disaster Recovery Plan
Appears in 1 contract
Samples: Clec Agreement
Billing Disputes. 7.6.4.1 1. Billing disputes shall be handled pursuant to the terms of this section.
a. Each Party agrees to notify the other Party in writing upon the discovery of a billing dispute. In the event of a billing dispute, the Parties will endeavor to resolve the dispute within sixty (60) calendar days of the notification date. If the Parties are unable within the 60 sixty (60) day period to reach resolution, then the aggrieved Party Parties may pursue dispute resolution in accordance with the General Terms and Conditions terms of this Agreement.
7.6.4.2 b. For purposes of this Section, a billing dispute means a dispute of a specific amount of money actually billed by BellSoutheither Party. The dispute must be clearly explained by the disputing Party and supported by written documentation, which clearly shows the basis for disputing charges. By way of example and not by limitation, a A billing dispute will not include the refusal to pay all or part of a xxxx bill or bills when no written documentation is provided to support the dispute, nor shall a billing dispute include the refusal to pay other amounts owed by the billed Party until the dispute is resolved. Claims by the billed Party for damages of any kind will not be considered a billing dispute for purposes of this Section. Once the billing dispute is resolved, the disputing Party will make immediate payment of any of the disputed amount owed to the billing Party or the billing Party shall have the right to pursue normal treatment procedures. Any credits due to the disputing Party, Party pursuant to the billing dispute, dispute will be applied to the disputing Party's ’s account by the billing Party immediately upon resolution of the dispute, including any applicable late payment and interest (where applicable) from the date the other Party received notice of the dispute to the date the dispute was resolved.
7.6.4.3 c. If a Party disputes a charge and does not pay such charge by the payment due date, such charges shall be subject to late or if a payment charges as set forth in the Late Payment Charges provision or any portion of this Attachment. If a payment is received by either Party disputes charges and the dispute is resolved in favor of such Party, the other Party shall credit the xxxx of the disputing Party for the amount of the disputed charges along with any late payment charges assessed no later than the second Xxxx Date after the resolution of the dispute. Accordinglypayment due date, or if a Party disputes charges and the dispute payment or any portion of a payment is resolved received in favor of funds that are not immediately available to the other Party, the disputing Party shall pay the other Party the amount of the disputed charges and any associated then a late payment charges assessed no later than the second xxxx payment due date after the resolution of the disputecharge shall be assessed. BellSouth The Parties shall only not assess interest on previously assessed late payment charges in a state where it has authority pursuant to its tariffs.charges
Appears in 1 contract
Samples: Clec Agreement
Billing Disputes. 7.6.4.1 2.1 Each Party agrees to notify the other Party in writing upon the discovery of a billing dispute. XxxxXxxXXX.xxx, Inc. shall report all billing disputes to BellSouth using the Billing Adjustment Request Form (RF 1461) provided by BellSouth. In the event of a billing dispute, the Parties will endeavor to resolve the dispute within sixty (60) calendar days of the notification date. If the Parties are unable within the 60 day period to reach resolution, then the aggrieved Party may pursue dispute resolution in accordance with the General Terms and Conditions of this Agreement.
7.6.4.2 2.2 For purposes of this SectionSection 2, a billing dispute means a reported dispute of a specific amount of money actually billed by BellSoutheither Party. The dispute must be clearly explained by the disputing Party and supported by written documentation, which clearly shows the basis for disputing charges. By way of example and not by limitation, a billing dispute will not include the refusal to pay all or part of a xxxx bill or bills when no written documentation is provided to support the dispute, nor shall a billing dispute include the refusal to pay other amounts owed by the billed Party until the dispute is resolved. Claims by the billed Party for damages of any Version R3Q01: 12/01/01 kind will not be considered a billing dispute for purposes of this Section. Once If the billing dispute is resolvedresolved in favor of the billing Party, the disputing Party will make immediate payment of any of the disputed amount owed to the billing Party or the billing Party shall have the right to pursue normal treatment procedures. Any credits due to the disputing Party, pursuant to the billing dispute, will be applied to the disputing Party's account by the billing Party immediately upon resolution of the dispute.
7.6.4.3 2.3 If a Party disputes a charge and does not pay such charge by the payment due date, such charges or if a payment or any portion of a payment is received by either Party after the payment due date, or if a payment or any portion of a payment is received in funds which are not immediately available to the other Party, then a late payment charge and interest, where applicable, shall be subject to assessed. For bills rendered by either Party for payment, the late payment charges charge for both Parties shall be calculated based on the portion of the payment not received by the payment due date multiplied by the late factor as set forth in the Late Payment Charges provision following BellSouth tariffs: for services purchased from the General Subscribers Services Tariff for purposes of this Attachment. If a Party disputes charges resale and the dispute is resolved in favor of such Partyfor ports and non-designed loops, the other Party shall credit the xxxx Section A2 of the disputing Party General Subscriber Services Tariff and for services purchased from the amount Private Line Tariff for purposes of resale, Section B2 of the disputed charges along with any late payment charges assessed no later than the second Xxxx Date after the resolution of the disputePrivate Line Service Tariff. Accordingly, if a Party disputes charges and the dispute is resolved in favor of the other Party, the disputing Party The Parties shall pay the other Party the amount of the disputed charges and any associated late payment charges assessed no later than the second xxxx payment due date after the resolution of the dispute. BellSouth shall only assess interest on previously assessed late payment charges only in a state where it has the authority pursuant to its tariffs.. Version R3Q01: 12/01/01 Version R4Q01: 12/01/01 Upon a particular Commission’s issuance of an Order pertaining to Performance Measurements in a proceeding expressly applicable to all CLECs generally, BellSouth shall implement in that state such Performance Measurements as of the date specified by the Commission. Version R4Q01: 12/01/01 Attachment 5 BellSouth Disaster Recovery Plan
Appears in 1 contract
Samples: Clec Agreement
Billing Disputes. 7.6.4.1 2.1 Each Party agrees to notify the other Party in writing upon the discovery of a billing dispute. HTC shall report all billing disputes to BellSouth using the Billing Adjustment Request Form (RF 1461) provided by BellSouth. In the event of a billing dispute, the Parties will endeavor to resolve the dispute within sixty (60) calendar days of the notification date. If the Parties are unable within the 60 sixty (60) calendar day period to reach resolution, then the aggrieved Party may pursue dispute resolution in accordance with the General Terms and Conditions of this Agreement.
7.6.4.2 2.2 For purposes of this SectionSection 2, a billing dispute means a reported dispute of a specific amount of money actually billed by BellSoutheither Party. The dispute must be clearly explained by the disputing Party and supported by written documentation, which clearly shows the basis for disputing charges. By way of example and not by limitation, a billing dispute will not include the refusal to pay all or part of a xxxx or bills when no written documentation is provided to support the dispute, nor shall a billing dispute include the refusal to pay other amounts owed by the billed Party until the dispute is resolved. Claims by the billed Party for damages of any kind will not be considered a billing dispute for purposes of this Section. Once If the billing dispute is resolvedresolved in favor of the billing Party, the disputing Party will make immediate payment of any of the disputed amount owed to the billing Party or the billing Party shall have the right to pursue normal treatment procedures. Any credits due to the disputing Party, pursuant to the billing dispute, will be applied to the disputing Party's account by the billing Party immediately upon resolution of the dispute.
7.6.4.3 2.3 If a Party disputes a charge and does not pay such charge by the payment due date, such charges or if a payment or any portion of a payment is received by either Party after the payment due date, or if a payment or any portion of a payment is received in funds which are not immediately available to the other Party, then a late payment charge and interest, where applicable, shall be subject to assessed. For bills rendered by either Party for payment, the late payment charges charge for both Parties shall be calculated based on the portion of the payment not received by the payment due date multiplied by the late factor as set forth in the Late Payment Charges provision following BellSouth tariffs: for services purchased from the General Subscribers Services Tariff for purposes of this Attachment. If a Party disputes charges and the dispute is resolved in favor of such Partyresale, the other Party shall credit the xxxx Section A2 of the disputing Party General Subscriber Services Tariff and for services purchased from the amount Private Version R4Q02: 02/26/02 Line Tariff for purposes of resale, Section B2 of the disputed charges along with any late payment charges assessed no later than the second Xxxx Date after the resolution of the disputePrivate Line Service Tariff. Accordingly, if a Party disputes charges and the dispute is resolved in favor of the other Party, the disputing Party The Parties shall pay the other Party the amount of the disputed charges and any associated late payment charges assessed no later than the second xxxx payment due date after the resolution of the dispute. BellSouth shall only assess interest on previously assessed late payment charges only in a state where it has the authority pursuant to its tariffs.. Version R4Q02: 02/26/02 ATTACHMENT 4 Version R1Q02: 02/26/02 Upon a particular Commission’s issuance of an Order pertaining to Performance Measurements in a proceeding expressly applicable to all CLECs generally, BellSouth shall implement in that state such Performance Measurements as of the date specified by the Commission. Performance Measurements that have been Ordered in a particular state can currently be accessed via the internet at xxxxx://xxxx.xxxxxxxxx.xxx. At the request of the Tennessee Regulatory Authority (TRA), the following Regional Service Quality Measurements (SQM) plan is being included as the performance measurements currently in place for the state of Tennessee. At such time that the TRA issues an Order pertaining to Performance Measurements, such Performance Measurements shall supersede the Regional SQM contained in the Agreement. Version R1Q02: 02/26/02 Attachment 5 BellSouth Disaster Recovery Plan
Appears in 1 contract
Samples: Clec Agreement
Billing Disputes. 7.6.4.1 2.1 Each Party agrees to notify the other Party in writing upon the discovery of a billing dispute. C A Networks shall report all billing disputes to BellSouth using the Billing Adjustment Request Form (RF 1461) provided by BellSouth. In the event of a billing dispute, the Parties will endeavor to resolve the dispute within sixty (60) calendar days of the notification date. If the Parties are unable within the 60 day period to reach resolution, then the aggrieved Party may pursue dispute Version R1Q03: 03/04/03 resolution in accordance with the General Terms and Conditions of this Agreement.
7.6.4.2 2.2 For purposes of this SectionSection 2, a billing dispute means a reported dispute of a specific amount of money actually billed by BellSoutheither Party. The dispute must be clearly explained by the disputing Party and supported by written documentation, which clearly shows the basis for disputing charges. By way of example and not by limitation, a A billing dispute will not include the refusal to pay all or part of a xxxx or bills when no written documentation is provided to support the dispute, nor shall a billing dispute include the refusal to pay other amounts owed by the billed Party until the dispute is resolved. Claims by the billed Party for damages of any kind will not be considered a billing dispute for purposes of this Section. Once If the billing dispute is resolvedresolved in favor of the billing Party, the disputing Party will make immediate payment of any of the disputed amount owed to the billing Party or the billing Party shall have the right to pursue normal treatment procedures. Any credits due to the disputing Party, pursuant to the billing dispute, will be applied to the disputing Party's account by the billing Party immediately upon resolution of the dispute.
7.6.4.3 2.2.1.1 If a Party disputes a charge and does not pay such charge by the payment due date, such charges or if a payment or any portion of a payment is received by either Party after the payment due date, or if a payment or any portion of a payment is received in funds which are not immediately available to the other Party, then a late payment charge and interest, where applicable, shall be subject to assessed. For bills rendered by either Party for payment, the late payment charges charge for both Parties shall be calculated based on the portion of the payment not received by the payment due date multiplied by the late factor as set forth in the Late Payment Charges provision following BellSouth tariffs: for services purchased from the General Subscribers Services Tariff for purposes of this Attachment. If a Party disputes charges and the dispute is resolved in favor of such Partyresale, the other Party shall credit the xxxx Section A2 of the disputing Party General Subscriber Services Tariff and for services purchased from the amount Private Line Tariff for purposes of resale, Section B2 of the disputed charges along with any late payment charges assessed no later than the second Xxxx Date after the resolution of the disputePrivate Line Service Tariff. Accordingly, if a Party disputes charges and the dispute is resolved in favor of the other Party, the disputing Party The Parties shall pay the other Party the amount of the disputed charges and any associated late payment charges assessed no later than the second xxxx payment due date after the resolution of the dispute. BellSouth shall only assess interest on previously assessed late payment charges only in a state where it has the authority pursuant to its tariffs.. Version R1Q03: 03/04/03 Attachment 4 Performance Measurements Upon a particular Commission’s issuance of an Order pertaining to Performance Measurements in a proceeding expressly applicable to all CLECs generally, BellSouth shall implement in that state such Performance Measurements as of the date specified by the Commission. Performance Measurements that have been Ordered in a particular state can currently be accessed via the internet at xxxxx://xxxx.xxxxxxxxx.xxx. The following Service Quality Measurements (SQM) plan adopted by the TRA for the state of Tennessee is contained in the Agreement. BellSouth Service Quality Measurement Plan
Appears in 1 contract
Samples: Resale Agreement
Billing Disputes. 7.6.4.1 Each The disputing Party agrees must submit billing disputes (“Billing Disputes”) to notify the other billing Party on the Billing Dispute Form contained in writing upon Appendix A by the discovery due date on the disputed xxxx. The dispute form must be complete, with all fields populated with the required information for the billable element in dispute. If the billing dispute form is not complete with all information, the dispute will be denied by the billing Party. After completing the Billing Dispute Form, please send it via email to ALLTEL’s Local Service Provider Access Center at xxx.xxxx.xxxxx@xxxxxx.xxx. After receipt of a completed dispute, the billing Party will review to determine the accuracy of the billing dispute. In If the event of a billing disputeParty determines the dispute is valid, the billing Party will credit the disputing Party’s xxxx by the next xxxx date. If the billing Party determines the billing dispute is not valid, the disputing Party may escalate the dispute as outlined in section 9.1.
1.1. If escalation of the billing dispute does not occur within the 60 days as outlined below, the disputing Party must remit payment for the disputed charge, including late payment charges, to the billing Party by the next xxxx date. The Parties will endeavor to resolve all Billing Disputes within sixty (60) calendar days from receipt of the Dispute Form.
9.1.1.1 Resolution of the dispute is expected to occur at the first level of management, resulting in a recommendation for settlement of the dispute and closure of a specific billing period. If the issues are not resolved within the allotted time frame, the following resolution procedure will be implemented:
9.1.1.1.1 If the dispute is not resolved within thirty (30) calendar days of receipt of the Dispute Notice, the dispute will be escalated to the second level of management for each of the respective Parties for resolution. If the dispute is not resolved within sixty (60) calendar days of the notification date. , the dispute will be escalated to the third level of management for each of the respective Parties for resolution.
9.1.1.1.2 If the dispute is not resolved within ninety (90) calendar days of the receipt of the Dispute Form, the dispute will be escalated to the fourth level of management for each of the respective Parties are unable within the 60 day period to reach for resolution, then the aggrieved Party may pursue dispute resolution in accordance with the General Terms and Conditions of this Agreement.
7.6.4.2 For purposes 9.1.1.1.3 Each Party will provide to the other Party an escalation list. for resolving billing disputes The escalation list will contain the name, title, phone number, fax number and email address for each escalation point identified in this section 9.
9.1.1.1.4 If the dispute is not resolved within one hundred twenty (120) days of this Section, a billing dispute means a dispute receipt of a specific amount of money actually billed by BellSouth. The dispute must be clearly explained by the disputing Dispute Form or either Party and supported by written documentation, which clearly shows the basis for disputing charges. By way of example and is not by limitation, a billing dispute will not include the refusal operating in good faith to pay all or part of a xxxx or bills when no written documentation is provided to support resolve the dispute, nor shall a billing dispute include the refusal to pay other amounts owed by the billed Party until the dispute is resolved. Claims by the billed Party for damages of any kind will not Formal Dispute Resolution process, outlined in section 9.4, may be considered a billing dispute for purposes of this Section. Once the billing dispute is resolved, invoked.
9.1.1.2 If the disputing Party will make immediate payment of any of the disputed amount owed to the billing Party or the billing Party shall have the right to pursue normal treatment procedures. Any credits due to the disputing Party, pursuant to the billing dispute, will be applied to the disputing Party's account by the billing Party immediately upon resolution of the dispute.
7.6.4.3 If a Party disputes a charge and does not pay such charge by the payment due date, such charges shall be subject to late payment charges as set forth in the Late Payment Charges provision of this Attachmentsubsection 8.3 above. If a the disputing Party disputes charges and the dispute is resolved in favor of such the disputing Party, the other billing Party shall credit the xxxx of the disputing Party for the amount of the disputed charges charges, along with any late payment charges assessed no later than assessed, by the second Xxxx Date next billing cycle after the resolution of the dispute. Accordingly, if a the disputing Party disputes charges and the dispute is resolved in favor of the other billing Party, the disputing Party shall pay the other billing Party the amount of the disputed charges and any associated late payment charges assessed no later than charges, by the second xxxx payment next billing due date after the resolution of the dispute.
9.1.1.3 For purposes of this subsection 9.1.1, a billing dispute shall not include the refusal to pay other amounts owed to a Party pending resolution of the dispute. BellSouth Claims by the disputing Party for damages of any kind will not be considered a Bona Fide Dispute for purposes of this subsection 9.1.1.
9.1.1.4 Once the billing dispute has been processed in accordance with this subsection 9.1.1, the disputing Party will make immediate payment on any of the disputed amount owed to the billing Party, or the billing Party shall only assess interest on previously assessed late payment have the right to pursue normal treatment procedures. Any credits due to the disputing Party resulting from the Dispute process will be applied to the disputing Party's account by the billing Party immediately upon resolution of the dispute.
9.1.1.5 Neither Party shall xxxx the other Party for charges in a state where it has authority pursuant to its tariffs.incurred more than twelve
Appears in 1 contract
Samples: Service Agreement
Billing Disputes. 7.6.4.1 Each The disputing Party agrees must submit billing disputes (“Billing Disputes”) to notify the other billing Party on the Billing Dispute Form contained in writing upon Appendix A by the discovery due date on the disputed bill. The dispute form must be complete, with all fields populated with the required information for the billable element in dispute. If the billing dispute form is not complete with all information, the dispute will be rejected by the billing Party. After receipt of a dispute, the billing Party will review to determine the accuracy of the billing dispute. In If the event of a billing disputeParty determines the dispute is valid, the billing Party will credit the disputing Party’s bill by the next bill date. If the billing Party determines the billing dispute is not valid, the disputing Party may escalate the dispute as outlined in section 9.1.
1.1. If escalation of the billing dispute does not occur within the 60 days as outlined below, the disputing Party must remit payment for the disputed charge, including late payment charges, to the billing Party by the next bill date. The Parties will endeavor to resolve all Billing Disputes within sixty (60) calendar days from receipt of the Dispute Form.
9.1.1.1 Resolution of the dispute is expected to occur at the first level of management, resulting in a recommendation for settlement of the dispute and closure of a specific billing period. If the issues are not resolved within the allotted time frame, the following resolution procedure will be implemented:
9.1.1.1.1 If the dispute is not resolved within thirty (30) calendar days of receipt of the Dispute Notice, the dispute will be escalated to the second level of management for each of the respective Parties for resolution. If the dispute is not resolved within sixty (60) calendar days of the notification date. , the dispute will be escalated to the third level of management for each of the respective Parties for resolution.
9.1.1.1.2 If the dispute is not resolved within ninety (90) calendar days of the receipt of the Dispute Form, the dispute will be escalated to the fourth level of management for each of the respective Parties are unable within the 60 day period to reach for resolution, then the aggrieved Party may pursue dispute resolution in accordance with the General Terms and Conditions of this Agreement.
7.6.4.2 For purposes 9.1.1.1.3 Each Party will provide to the other Party an escalation list. for resolving billing disputes The escalation list will contain the name, title, phone number, fax number and email address for each escalation point identified in this section 9.
9.1.1.1.4 If the dispute is not resolved within one hundred twenty (120) days of this Section, a billing dispute means a dispute receipt of a specific amount of money actually billed by BellSouth. The dispute must be clearly explained by the disputing Dispute Form or either Party and supported by written documentation, which clearly shows the basis for disputing charges. By way of example and is not by limitation, a billing dispute will not include the refusal operating in good faith to pay all or part of a xxxx or bills when no written documentation is provided to support resolve the dispute, nor shall a billing dispute include the refusal to pay other amounts owed by the billed Party until the dispute is resolved. Claims by the billed Party for damages of any kind will not Formal Dispute Resolution process, outlined in section 9.4, may be considered a billing dispute for purposes of this Section. Once the billing dispute is resolved, invoked.
9.1.1.2 If the disputing Party will make immediate payment of any of the disputed amount owed to the billing Party or the billing Party shall have the right to pursue normal treatment procedures. Any credits due to the disputing Party, pursuant to the billing dispute, will be applied to the disputing Party's account by the billing Party immediately upon resolution of the dispute.
7.6.4.3 If a Party disputes a charge and does not pay such charge by the payment due date, such charges shall be subject to late payment charges as set forth in the Late Payment Charges provision of this Attachmentsubsection 8.3 above. If a Party disputes charges and the dispute is resolved in favor of such Party, the other Party shall credit the xxxx of the disputing Party for the amount of the disputed charges along with any late payment charges assessed no later than the second Xxxx Date after the resolution of the dispute. Accordingly, if a Party disputes charges and the dispute is resolved in favor of the other disputing Party, the billing Party shall credit the bill of the disputing Party for the amount of the disputed charges, along with any late payment charges assessed, by the next billing cycle after the resolution of the dispute. Accordingly, if the disputing Party disputes charges and the dispute is resolved in favor of the billing Party, the disputing Party shall pay the other billing Party the amount of the disputed charges and any associated late payment charges assessed no later than charges, by the second xxxx payment next billing due date after the resolution of the dispute.
9.1.1.3 For purposes of this subsection 9.1.1, a billing dispute shall not include the refusal to pay other amounts owed to a Party pending resolution of the dispute. BellSouth Claims by the disputing Party for damages of any kind will not be considered a Bona Fide Dispute for purposes of this subsection 9.1.1.
9.1.1.4 Once the billing dispute has been processed in accordance with this subsection 9.1.1, the disputing Party will make immediate payment on any of the disputed amount owed to the billing Party, or the billing Party shall only assess interest on previously assessed late payment have the right to pursue normal treatment procedures. Any credits due to the disputing Party resulting from the Dispute process will be applied to the disputing Party's account by the billing Party immediately upon resolution of the dispute.
9.1.1.5 Neither Party shall bill the other Party for charges in a state where it has authority pursuant to its tariffs.incurred more than twelve
Appears in 1 contract
Samples: Interconnection Agreement
Billing Disputes. 7.6.4.1 2.1 Each Party agrees to notify the other Party in writing upon the discovery of a billing dispute. Triarch Marketing, Inc. shall report all billing disputes to BellSouth using the Billing Adjustment Request Form (RF 1461) provided by BellSouth. In the event of a billing dispute, the Parties will endeavor to resolve the dispute within sixty (60) calendar days of the notification date. If the Parties are unable within the 60 sixty (60) calendar day period to reach resolution, then the aggrieved Party may pursue dispute resolution in accordance with the General Terms and Conditions of this Agreement.
7.6.4.2 2.2 For purposes of this SectionSection 2, a billing dispute means a reported dispute of a specific amount of money actually billed by BellSoutheither Party. The dispute must be clearly explained by the disputing Party and supported by written documentation, which clearly shows the basis for disputing charges. By way of example and not by limitation, a billing dispute will not include the refusal to pay all or part of a xxxx or bills when no written documentation is provided to support the dispute, nor shall a billing dispute include the refusal to pay other amounts owed by the billed Party until the dispute is resolved. Claims by the billed Party for damages of any kind will not be considered a billing dispute for purposes of this Section. Once If the billing dispute is resolvedresolved in favor of the billing Party, the disputing Party will make immediate payment of any of the disputed amount owed to the billing Party or the billing Party shall have the right to pursue normal treatment procedures. Any credits due to the disputing Party, pursuant to the billing dispute, will be Version R4Q02: 02/26/02 applied to the disputing Party's account by the billing Party immediately upon resolution of the dispute.
7.6.4.3 2.3 If a Party disputes a charge and does not pay such charge by the payment due date, such charges or if a payment or any portion of a payment is received by either Party after the payment due date, or if a payment or any portion of a payment is received in funds which are not immediately available to the other Party, then a late payment charge and interest, where applicable, shall be subject to assessed. For bills rendered by either Party for payment, the late payment charges charge for both Parties shall be calculated based on the portion of the payment not received by the payment due date multiplied by the late factor as set forth in the Late Payment Charges provision following BellSouth tariffs: for services purchased from the General Subscribers Services Tariff for purposes of this Attachment. If a Party disputes charges and the dispute is resolved in favor of such Partyresale, the other Party shall credit the xxxx Section A2 of the disputing Party General Subscriber Services Tariff and for services purchased from the amount Private Line Tariff for purposes of resale, Section B2 of the disputed charges along with any late payment charges assessed no later than the second Xxxx Date after the resolution of the disputePrivate Line Service Tariff. Accordingly, if a Party disputes charges and the dispute is resolved in favor of the other Party, the disputing Party The Parties shall pay the other Party the amount of the disputed charges and any associated late payment charges assessed no later than the second xxxx payment due date after the resolution of the dispute. BellSouth shall only assess interest on previously assessed late payment charges only in a state where it has the authority pursuant to its tariffs.. Version R4Q02: 02/26/02 ATTACHMENT 4 Version R1Q02: 02/26/02 Upon a particular Commission’s issuance of an Order pertaining to Performance Measurements in a proceeding expressly applicable to all CLECs generally, BellSouth shall implement in that state such Performance Measurements as of the date specified by the Commission. Performance Measurements that have been Ordered in a particular state can currently be accessed via the internet at xxxxx://xxxx.xxxxxxxxx.xxx. At the request of the Tennessee Regulatory Authority (TRA), the following Regional Service Quality Measurements (SQM) plan is being included as the performance measurements currently in place for the state of Tennessee. At such time that the TRA issues an Order pertaining to Performance Measurements, such Performance Measurements shall supersede the Regional SQM contained in the Agreement. Version R1Q02: 02/26/02 Attachment 5 BellSouth Disaster Recovery Plan
Appears in 1 contract
Samples: Clec Agreement
Billing Disputes. 7.6.4.1 1. Billing disputes shall be handled pursuant to the terms of this section.
a. Each Party agrees to notify the other Party in writing upon the discovery of a billing dispute. In the event of a billing dispute, the Parties will endeavor to resolve the dispute within sixty (60) calendar days of the notification date. If the Parties are unable within the 60 sixty (60) day period to reach resolution, then the aggrieved Party Parties may pursue dispute resolution in accordance with the General Terms and Conditions terms of this Agreement.
7.6.4.2 b. For purposes of this Section, a billing dispute means a dispute of a specific amount of money actually billed by BellSoutheither Party. The dispute must be clearly explained by the disputing Party and supported by written documentation, which clearly shows the basis for disputing charges. By way of example and not by limitation, a A billing dispute will not include the refusal to pay all or part of a xxxx or bills when no written documentation is provided to support the dispute, nor shall a billing dispute include the refusal to pay other amounts owed by the billed Party until the dispute is resolved. Claims by the billed Party for damages of any kind will not be considered a billing dispute for purposes of this Section. Once the billing dispute is resolved, the disputing Party will make immediate payment of any of the disputed amount owed to the billing Party or the billing Party shall have the right to pursue normal treatment procedures. Any credits due to the disputing Party, Party pursuant to the billing dispute, dispute will be applied to the disputing Party's ’s account by the billing Party immediately upon resolution of the dispute.
7.6.4.3 c. If a Party disputes a charge and does not pay such charge by the payment due date, such charges shall be subject to late or if a payment charges as set forth in the Late Payment Charges provision or any portion of this Attachment. If a payment is received by either Party disputes charges and the dispute is resolved in favor of such Party, the other Party shall credit the xxxx of the disputing Party for the amount of the disputed charges along with any late payment charges assessed no later than the second Xxxx Date after the resolution of the dispute. Accordinglypayment due date, or if a Party disputes charges and the dispute payment or any portion of a payment is resolved received in favor of funds that are not immediately available to the other Party, the disputing Party shall pay the other Party the amount of the disputed charges and any associated then a late payment charges assessed no later than the second xxxx payment due date after the resolution of the disputecharge shall be assessed. BellSouth The Parties shall only assess interest on previously assessed late payment charges only in a state where it has the authority pursuant to its tariffs.
Appears in 1 contract
Samples: Interconnection Agreement
Billing Disputes. 7.6.4.1 2.1 Each Party agrees to notify the other Party in writing upon the discovery of a billing dispute. MYLINETOO shall report all billing disputes to BellSouth using the Billing Adjustment Request Form (RF 1461) provided by BellSouth. In the event of a billing dispute, the Parties will endeavor to resolve the dispute within sixty (60) calendar days of the notification date. If the Parties are unable within the 60 day period to reach resolution, then the aggrieved Party may pursue dispute Version R1Q03: 03/04/03 resolution in accordance with the General Terms and Conditions of this Agreement.
7.6.4.2 2.2 For purposes of this SectionSection 2, a billing dispute means a reported dispute of a specific amount of money actually billed by BellSoutheither Party. The dispute must be clearly explained by the disputing Party and supported by written documentation, which clearly shows the basis for disputing charges. By way of example and not by limitation, a A billing dispute will not include the refusal to pay all or part of a xxxx or bills when no written documentation is provided to support the dispute, nor shall a billing dispute include the refusal to pay other amounts owed by the billed Party until the dispute is resolved. Claims by the billed Party for damages of any kind will not be considered a billing dispute for purposes of this Section. Once If the billing dispute is resolvedresolved in favor of the billing Party, the disputing Party will make immediate payment of any of the disputed amount owed to the billing Party or the billing Party shall have the right to pursue normal treatment procedures. Any credits due to the disputing Party, pursuant to the billing dispute, will be applied to the disputing Party's account by the billing Party immediately upon resolution of the dispute.
7.6.4.3 2.2.1.1 If a Party disputes a charge and does not pay such charge by the payment due date, such charges or if a payment or any portion of a payment is received by either Party after the payment due date, or if a payment or any portion of a payment is received in funds which are not immediately available to the other Party, then a late payment charge and interest, where applicable, shall be subject to assessed. For bills rendered by either Party for payment, the late payment charges charge for both Parties shall be calculated based on the portion of the payment not received by the payment due date multiplied by the late factor as set forth in the Late Payment Charges provision following BellSouth tariffs: for services purchased from the General Subscribers Services Tariff for purposes of this Attachment. If a Party disputes charges and the dispute is resolved in favor of such Partyresale, the other Party shall credit the xxxx Section A2 of the disputing Party General Subscriber Services Tariff and for services purchased from the amount Private Line Tariff for purposes of resale, Section B2 of the disputed charges along with any late payment charges assessed no later than the second Xxxx Date after the resolution of the disputePrivate Line Service Tariff. Accordingly, if a Party disputes charges and the dispute is resolved in favor of the other Party, the disputing Party The Parties shall pay the other Party the amount of the disputed charges and any associated late payment charges assessed no later than the second xxxx payment due date after the resolution of the dispute. BellSouth shall only assess interest on previously assessed late payment charges only in a state where it has the authority pursuant to its tariffs. Version R1Q03: 03/04/03 Attachment 4 Performance Measurements Upon a particular Commission’s issuance of an Order pertaining to Performance Measurements in a proceeding expressly applicable to all CLECs generally, BellSouth shall implement in that state such Performance Measurements as of the date specified by the Commission. Performance Measurements that have been Ordered in a particular state can currently be accessed via the internet at xxxxx://xxxx.xxxxxxxxx.xxx. At the request of the Tennessee Regulatory Authority (TRA), the following Regional Service Quality Measurements (SQM) plan is being included as the performance measurements currently in place for the state of Tennessee. At such time that the TRA issues an Order pertaining to Performance Measurements, such Performance Measurements shall supersede the Regional SQM contained in the Agreement.
Appears in 1 contract
Samples: Resale Agreement
Billing Disputes. 7.6.4.1 Version R1Q03: 03/04/03
2.1 Each Party agrees to notify the other Party in writing upon the discovery of a billing dispute. Mississippi Telephone shall report all billing disputes to BellSouth using the Billing Adjustment Request Form (RF 1461) provided by BellSouth. In the event of a billing dispute, the Parties will endeavor to resolve the dispute within sixty (60) calendar days of the notification date. If the Parties are unable within the 60 day period to reach resolution, then the aggrieved Party may pursue dispute resolution in accordance with the General Terms and Conditions of this Agreement.
7.6.4.2 2.2 For purposes of this SectionSection 2, a billing dispute means a reported dispute of a specific amount of money actually billed by BellSoutheither Party. The dispute must be clearly explained by the disputing Party and supported by written documentation, which clearly shows the basis for disputing charges. By way of example and not by limitation, a A billing dispute will not include the refusal to pay all or part of a xxxx or bills when no written documentation is provided to support the dispute, nor shall a billing dispute include the refusal to pay other amounts owed by the billed Party until the dispute is resolved. Claims by the billed Party for damages of any kind will not be considered a billing dispute for purposes of this Section. Once If the billing dispute is resolvedresolved in favor of the billing Party, the disputing Party will make immediate payment of any of the disputed amount owed to the billing Party or the billing Party shall have the right to pursue normal treatment procedures. Any credits due to the disputing Party, pursuant to the billing dispute, will be applied to the disputing Party's account by the billing Party immediately upon resolution of the dispute.
7.6.4.3 2.2.1.1 If a Party disputes a charge and does not pay such charge by the payment due date, such charges or if a payment or any portion of a payment is received by either Party after the payment due date, or if a payment or any portion of a payment is received in funds which are not immediately available to the other Party, then a late payment charge and interest, where applicable, shall be subject to assessed. For bills rendered by either Party for payment, the late payment charges charge for both Parties shall be calculated based on the portion of the payment not received by the payment due date multiplied by the late factor as set forth in the Late Payment Charges provision following BellSouth tariffs: for services purchased from the General Subscribers Services Tariff for purposes of this Attachment. If a Party disputes charges and the dispute is resolved in favor of such Partyresale, the other Party shall credit the xxxx Section A2 of the disputing Party General Subscriber Services Tariff and for services purchased from the amount Private Line Tariff for purposes of resale, Section B2 of the disputed charges along with any late payment charges assessed no later than the second Xxxx Date after the resolution of the disputePrivate Line Service Tariff. Accordingly, if a Party disputes charges and the dispute is resolved in favor of the other Party, the disputing Party The Parties shall pay the other Party the amount of the disputed charges and any associated late payment charges assessed no later than the second xxxx payment due date after the resolution of the dispute. BellSouth shall only assess interest on previously assessed late payment charges only in a state where it has the authority pursuant to its tariffs.. Version R1Q03: 03/04/03 Attachment 4 Performance Measurements Upon a particular Commission’s issuance of an Order pertaining to Performance Measurements in a proceeding expressly applicable to all CLECs generally, BellSouth shall implement in that state such Performance Measurements as of the date specified by the Commission. Performance Measurements that have been Ordered in a particular state can currently be accessed via the internet at xxxxx://xxxx.xxxxxxxxx.xxx. The following Service Quality Measurements (SQM) plan adopted by the Florida Commission on February 14, 2002, as it presently exists and as it may be modified in the future, is being included as the performance measurements currently in place for the state of Tennessee. At such time that the TRA issues a subsequent Order pertaining to Performance Measurements, such Performance Measurements shall supersede the SQM contained in the Agreement. BellSouth Service Quality Measurement Plan
Appears in 1 contract
Samples: Resale Agreement
Billing Disputes. 7.6.4.1 2.1 Each Party agrees to notify the other Party in writing upon the discovery of a billing dispute. World Satellite Network America, Inc. shall report all billing disputes to BellSouth using the Billing Adjustment Request Form (RF 1461) provided by XxxxXxxxx. In the event of a billing dispute, the Parties will endeavor to resolve the dispute within sixty (60) calendar days of the notification date. If the Parties are unable within the 60 day period to reach resolution, then the aggrieved Party may pursue dispute resolution in accordance with the General Terms and Conditions of this Agreement.
7.6.4.2 2.2 For purposes of this SectionSection 2, a billing dispute means a reported dispute of a specific amount of money actually billed by BellSoutheither Party. The dispute must be clearly explained by the disputing Party and supported by written documentation, which clearly shows the basis for disputing charges. By way of example and not by limitation, a billing dispute will not include the refusal to pay all or part of a xxxx bill or bills when no written documentation is provided to support the dispute, nor shall a billing dispute include the refusal to pay other amounts owed by the billed Party until the dispute is resolved. Claims by the billed Party for damages of any kind will not be considered a billing dispute for purposes of this Section. Once If the billing dispute is resolvedresolved in favor of the billing Party, the disputing Party will make immediate payment of any of the disputed amount owed to the billing Party or the billing Party shall have the right to pursue normal treatment procedures. Any credits due to the disputing Party, pursuant to the billing dispute, will be applied to the disputing Party's account by the billing Party immediately upon resolution of the dispute.
7.6.4.3 2.3 If a Party disputes a charge and does not pay such charge by the payment due date, such charges or if a payment or any portion of a payment is received by either Party after the payment due date, or if a payment or any portion of a payment is received in funds which are not immediately available to the other Party, then a late payment charge and interest, where applicable, shall be subject to assessed. For bills rendered by either Party for payment, the late payment charges charge for both Parties shall be calculated based on the portion of the payment not received by the payment due date multiplied by the late factor as set forth in the Late Payment Charges provision following BellSouth tariffs: for services purchased from the General Subscribers Services Tariff for purposes of this Attachment. If a Party disputes charges resale and the dispute is resolved in favor of such Partyfor ports and non-designed loops, the other Party shall credit the xxxx Section A2 of the disputing Party General Subscriber Services Tariff and for services purchased from the amount Private Line Tariff for purposes of resale, Section B2 of the disputed charges along with any late payment charges assessed no later than the second Xxxx Date after the resolution of the disputePrivate Line Service Tariff. Accordingly, if a Party disputes charges and the dispute is resolved in favor of the other Party, the disputing Party The Parties shall pay the other Party the amount of the disputed charges and any associated late payment charges assessed no later than the second xxxx payment due date after the resolution of the dispute. BellSouth shall only assess interest on previously assessed late payment charges only in a state where it has the authority pursuant to its tariffs.. ATTACHMENT 4 Version R4Q01: 12/01/01 Upon a particular Commission’s issuance of an Order pertaining to Performance Measurements in a proceeding expressly applicable to all CLECs generally, BellSouth shall implement in that state such Performance Measurements as of the date specified by the Commission. Version R4Q01: 12/01/01 Attachment 5
Appears in 1 contract
Samples: Clec Agreement
Billing Disputes. 7.6.4.1 1. Billing disputes shall be handled pursuant to the terms of this section.
a. Each Party agrees to notify the other Party in writing upon the discovery of a billing dispute. Notification of disputed charges must be provided within one (1) year from the time the charge was billed; previously undisputed charges more than one (1) year old shall not be disputed by either Party. In the event of a billing dispute, the Parties will endeavor to resolve the dispute within sixty (60) calendar days of the notification date. If the Parties are unable within the 60 sixty (60) day period to reach resolution, then the aggrieved Party Parties may pursue dispute resolution in accordance with the General Terms and Conditions terms of this Agreement.
7.6.4.2 b. For purposes of this Section, a billing dispute means a dispute of a specific amount of money actually billed by BellSoutheither Party. The dispute must be clearly explained by the disputing Party and supported by written documentation, which clearly shows the basis for disputing charges. By way of example and not by limitation, a A billing dispute will not include the refusal to pay all or part of a xxxx bill or bills when no written documentation is provided to support the dispute, nor shall a billing dispute include the refusal to pay other amounts owed by the billed Party until the dispute is resolved. Claims by the billed Party for damages of any kind will not be considered a billing dispute for purposes of this Section. Once the billing dispute is resolved, the disputing Party will make immediate payment of any of the disputed amount owed to the billing Party or the billing Party shall have the right to pursue normal treatment procedures. Any credits due to the disputing Party, Party pursuant to the billing dispute, dispute will be applied to the disputing Party's ’s account by the billing Party immediately upon resolution of the dispute.
7.6.4.3 c. If a Party disputes a charge and does not pay such charge by the payment due date, such charges shall be subject to late or if a payment charges as set forth in the Late Payment Charges provision or any portion of this Attachment. If a payment is received by either Party disputes charges and the dispute is resolved in favor of such Party, the other Party shall credit the xxxx of the disputing Party for the amount of the disputed charges along with any late payment charges assessed no later than the second Xxxx Date after the resolution of the dispute. Accordinglypayment due date, or if a Party disputes charges and the dispute payment or any portion of a payment is resolved received in favor of funds that are not immediately available to the other Party, the disputing Party shall pay the other Party the amount of the disputed charges and any associated then a late payment charges assessed no later than the second xxxx payment due date after the resolution of the disputecharge shall be assessed. BellSouth The Parties shall only assess interest on previously assessed late payment charges only in a state where it has the authority pursuant to its tariffs.
Appears in 1 contract
Samples: Clec Agreement
Billing Disputes. 7.6.4.1 2.1 Each Party agrees to notify the other Party in writing upon the discovery of a billing dispute. Telstar Prepaid shall report all billing disputes to BellSouth using the Billing Adjustment Request Form (RF 1461) provided by BellSouth. In the event of a billing dispute, the Parties will endeavor to resolve the dispute within sixty (60) calendar days of the notification date. If the Parties are unable within the 60 day period to reach resolution, then the aggrieved Party may pursue dispute Version R1Q03: 03/04/03 resolution in accordance with the General Terms and Conditions of this Agreement.
7.6.4.2 2.2 For purposes of this SectionSection 2, a billing dispute means a reported dispute of a specific amount of money actually billed by BellSoutheither Party. The dispute must be clearly explained by the disputing Party and supported by written documentation, which clearly shows the basis for disputing charges. By way of example and not by limitation, a A billing dispute will not include the refusal to pay all or part of a xxxx bill or bills when no written documentation is provided to support the dispute, nor shall a billing dispute include the refusal to pay other amounts owed by the billed Party until the dispute is resolved. Claims by the billed Party for damages of any kind will not be considered a billing dispute for purposes of this Section. Once If the billing dispute is resolvedresolved in favor of the billing Party, the disputing Party will make immediate payment of any of the disputed amount owed to the billing Party or the billing Party shall have the right to pursue normal treatment procedures. Any credits due to the disputing Party, pursuant to the billing dispute, will be applied to the disputing Party's account by the billing Party immediately upon resolution of the dispute.
7.6.4.3 2.2.1.1 If a Party disputes a charge and does not pay such charge by the payment due date, such charges or if a payment or any portion of a payment is received by either Party after the payment due date, or if a payment or any portion of a payment is received in funds which are not immediately available to the other Party, then a late payment charge and interest, where applicable, shall be subject to assessed. For bills rendered by either Party for payment, the late payment charges charge for both Parties shall be calculated based on the portion of the payment not received by the payment due date multiplied by the late factor as set forth in the Late Payment Charges provision following BellSouth tariffs: for services purchased from the General Subscribers Services Tariff for purposes of this Attachment. If a Party disputes charges and the dispute is resolved in favor of such Partyresale, the other Party shall credit the xxxx Section A2 of the disputing Party General Subscriber Services Tariff and for services purchased from the amount Private Line Tariff for purposes of resale, Section B2 of the disputed charges along with any late payment charges assessed no later than the second Xxxx Date after the resolution of the disputePrivate Line Service Tariff. Accordingly, if a Party disputes charges and the dispute is resolved in favor of the other Party, the disputing Party The Parties shall pay the other Party the amount of the disputed charges and any associated late payment charges assessed no later than the second xxxx payment due date after the resolution of the dispute. BellSouth shall only assess interest on previously assessed late payment charges only in a state where it has the authority pursuant to its tariffs.. Version R1Q03: 03/04/03 Attachment 4 Performance Measurements Upon a particular Commission’s issuance of an Order pertaining to Performance Measurements in a proceeding expressly applicable to all CLECs generally, BellSouth shall implement in that state such Performance Measurements as of the date specified by the Commission. Performance Measurements that have been Ordered in a particular state can currently be accessed via the internet at xxxxx://xxxx.xxxxxxxxx.xxx. The following Service Quality Measurements (SQM) plan adopted by the Florida Commission on February 14, 2002, as it presently exists and as it may be modified in the future, is being included as the performance measurements currently in place for the state of Tennessee. At such time that the TRA issues a subsequent Order pertaining to Performance Measurements, such Performance Measurements shall supersede the SQM contained in the Agreement. BellSouth Service Quality Measurement Plan
Appears in 1 contract
Samples: Resale Agreement
Billing Disputes. 7.6.4.1 2.1 Each Party agrees to notify the other Party in writing upon the discovery of a billing dispute. Connect Paging shall report all billing disputes to BellSouth using the Billing Adjustment Request Form (RF 1461) provided by BellSouth. In the event of a billing dispute, the Parties will endeavor to resolve the dispute within sixty (60) calendar days of the notification date. If the Parties are unable within the 60 day period to reach resolution, then the aggrieved Party may pursue dispute Version R1Q03: 03/04/03 resolution in accordance with the General Terms and Conditions of this Agreement.
7.6.4.2 2.2 For purposes of this SectionSection 2, a billing dispute means a reported dispute of a specific amount of money actually billed by BellSoutheither Party. The dispute must be clearly explained by the disputing Party and supported by written documentation, which clearly shows the basis for disputing charges. By way of example and not by limitation, a A billing dispute will not include the refusal to pay all or part of a xxxx bill or bills when no written documentation is provided to support the dispute, nor shall a billing dispute include the refusal to pay other amounts owed by the billed Party until the dispute is resolved. Claims by the billed Party for damages of any kind will not be considered a billing dispute for purposes of this Section. Once If the billing dispute is resolvedresolved in favor of the billing Party, the disputing Party will make immediate payment of any of the disputed amount owed to the billing Party or the billing Party shall have the right to pursue normal treatment procedures. Any credits due to the disputing Party, pursuant to the billing dispute, will be applied to the disputing Party's account by the billing Party immediately upon resolution of the dispute.
7.6.4.3 2.2.1.1 If a Party disputes a charge and does not pay such charge by the payment due date, such charges or if a payment or any portion of a payment is received by either Party after the payment due date, or if a payment or any portion of a payment is received in funds which are not immediately available to the other Party, then a late payment charge and interest, where applicable, shall be subject to assessed. For bills rendered by either Party for payment, the late payment charges charge for both Parties shall be calculated based on the portion of the payment not received by the payment due date multiplied by the late factor as set forth in the Late Payment Charges provision following BellSouth tariffs: for services purchased from the General Subscribers Services Tariff for purposes of this Attachment. If a Party disputes charges and the dispute is resolved in favor of such Partyresale, the other Party shall credit the xxxx Section A2 of the disputing Party General Subscriber Services Tariff and for services purchased from the amount Private Line Tariff for purposes of resale, Section B2 of the disputed charges along with any late payment charges assessed no later than the second Xxxx Date after the resolution of the disputePrivate Line Service Tariff. Accordingly, if a Party disputes charges and the dispute is resolved in favor of the other Party, the disputing Party The Parties shall pay the other Party the amount of the disputed charges and any associated late payment charges assessed no later than the second xxxx payment due date after the resolution of the dispute. BellSouth shall only assess interest on previously assessed late payment charges only in a state where it has the authority pursuant to its tariffs.. Version R1Q03: 03/04/03 Attachment 4 Performance Measurements Upon a particular Commission’s issuance of an Order pertaining to Performance Measurements in a proceeding expressly applicable to all CLECs generally, BellSouth shall implement in that state such Performance Measurements as of the date specified by the Commission. Performance Measurements that have been Ordered in a particular state can currently be accessed via the internet at xxxxx://xxxx.xxxxxxxxx.xxx. The following Service Quality Measurements (SQM) plan adopted by the Florida Commission on February 14, 2002, as it presently exists and as it may be modified in the future, is being included as the performance measurements currently in place for the state of Tennessee. At such time that the TRA issues a subsequent Order pertaining to Performance Measurements, such Performance Measurements shall supersede the SQM contained in the Agreement. BellSouth Service Quality Measurement Plan
Appears in 1 contract
Samples: Resale Agreement
Billing Disputes. 7.6.4.1 2.1 Each Party agrees to notify the other Party in writing upon the discovery of a billing dispute. Micor Communications, Inc. dba Atlanta Telephone Communications shall report all billing disputes to BellSouth using the Billing Adjustment Request Form (RF 1461) provided by BellSouth. In the event of a billing dispute, the Parties will endeavor to resolve the dispute within sixty (60) calendar days of the notification date. If the Parties are unable within the 60 day period to reach resolution, then the aggrieved Party may pursue dispute resolution in accordance with the General Terms and Conditions of this Agreement.
7.6.4.2 2.2 For purposes of this SectionSection 2, a billing dispute means a reported dispute of a specific amount of money actually billed by BellSoutheither Party. The dispute must be clearly explained by the disputing Party and supported by written documentation, which clearly shows the basis for disputing charges. By way of example and not by limitation, a billing dispute will not include the refusal to pay all or part of a xxxx or bills when no written documentation is provided to support the dispute, nor shall a billing dispute include the refusal to pay other amounts owed by the billed Party until the dispute is resolved. Claims by the billed Party for damages of any kind will not be considered a billing dispute for purposes of this Section. Once If the billing dispute is resolvedresolved in favor of the billing Party, the disputing Party will make immediate payment of any of the disputed amount owed to the billing Party or the billing Party shall have the right to pursue normal treatment procedures. Any credits due to the disputing Party, pursuant to the billing dispute, will be applied to the disputing Party's account by the billing Party immediately upon resolution of the dispute.
7.6.4.3 2.3 If a Party disputes a charge and does not pay such charge by the payment due date, such charges or if a payment or any portion of a payment is received by either Party after the payment due date, or if a payment or any portion of a payment is received in funds which are not immediately available to the other Party, then a late payment charge and interest, where applicable, shall be subject to assessed. For bills rendered by either Party for payment, the late payment charges charge for both Parties shall be calculated based on the portion of the payment not received by the payment due date multiplied by the late factor as set forth in the Late Payment Charges provision following BellSouth tariffs: for services purchased from the General Subscribers Services Tariff for purposes of this Attachment. If a Party disputes charges resale and the dispute is resolved in favor of such Partyfor ports Version R3Q01: 12/01/01 and non-designed loops, the other Party shall credit the xxxx Section A2 of the disputing Party General Subscriber Services Tariff and for services purchased from the amount Private Line Tariff for purposes of resale, Section B2 of the disputed charges along with any late payment charges assessed no later than the second Xxxx Date after the resolution of the disputePrivate Line Service Tariff. Accordingly, if a Party disputes charges and the dispute is resolved in favor of the other Party, the disputing Party The Parties shall pay the other Party the amount of the disputed charges and any associated late payment charges assessed no later than the second xxxx payment due date after the resolution of the dispute. BellSouth shall only assess interest on previously assessed late payment charges only in a state where it has the authority pursuant to its tariffs.. Version R3Q01: 12/01/01 Version R4Q01: 12/01/01 Upon a particular Commission’s issuance of an Order pertaining to Performance Measurements in a proceeding expressly applicable to all CLECs generally, BellSouth shall implement in that state such Performance Measurements as of the date specified by the Commission. Version R4Q01: 12/01/01 Attachment 5 BellSouth Disaster Recovery Plan
Appears in 1 contract
Samples: Clec Agreement
Billing Disputes. 7.6.4.1 Each The disputing Party agrees must submit billing disputes (“Billing Disputes”) to notify the other billing Party on the Billing Dispute Form contained in writing upon Appendix A by the discovery due date on the disputed xxxx unless the disputing Party does not receive the billing within ten (10) calendar days from the xxxx date and at least twenty (20) calendar days prior to the payment due date as described in Attachment 12, Section 7.1. The dispute form must be complete, with all fields populated with the required information for the billable element in dispute. If the billing dispute form is not complete with all information, the dispute will be rejected by the billing Party. After receipt of a completed dispute, the billing Party will review to determine the accuracy of the billing dispute. In If the event of a billing disputeParty determines the dispute is valid, the billing Party will credit the disputing Party’s xxxx by the next xxxx date. If the billing Party determines the billing dispute is not valid, the disputing Party may escalate the dispute as outlined in section 9.1.1.
1. If escalation of the billing dispute does not occur within the 30 days as outlined below, the disputing Party must remit payment for the disputed charge, including late payment charges, to the billing Party by the next xxxx date and these charges are no longer considered disputed charges. The Parties will endeavor to resolve all Billing Disputes within sixty (60) calendar days from receipt of the Dispute Form.
9.1.1.1 Resolution of the dispute is expected to occur at the first level of management, resulting in a recommendation for settlement of the dispute and closure of a specific billing period. If the issues are not resolved within the allotted time frame, the following resolution procedure will be implemented:
9.1.1.1.1 If the dispute is not resolved within thirty (30) calendar days of receipt of the Dispute Notice, the dispute will be escalated to the second level of management for each of the respective Parties for resolution. If the dispute is not resolved within sixty (60) calendar days of the notification date. , the dispute will be escalated to the third level of management for each of the respective Parties for resolution.
9.1.1.1.2 If the dispute is not resolved within ninety (90) calendar days of the receipt of the Dispute Form, the dispute will be escalated to the fourth level of management for each of the respective Parties are unable within the 60 day period to reach for resolution, then the aggrieved Party may pursue dispute resolution in accordance with the General Terms and Conditions of this Agreement.
7.6.4.2 For purposes of this Section, a 9.1.1.1.3 Each Party will provide to the other Party an escalation list for resolving billing dispute means a dispute of a specific amount of money actually billed by BellSouthdisputes. The escalation list will contain the name, title, phone number, fax number and email address for each escalation point identified in this section 9.
9.1.1.1.4 If the dispute must be clearly explained by is not resolved within one hundred twenty (120) days of receipt of the disputing Dispute Form or either Party and supported by written documentation, which clearly shows the basis for disputing charges. By way of example and is not by limitation, a billing dispute will not include the refusal operating in good faith to pay all or part of a xxxx or bills when no written documentation is provided to support resolve the dispute, nor shall a billing dispute include the refusal to pay other amounts owed by the billed Party until the dispute is resolved. Claims by the billed Party for damages of any kind will not Formal Dispute Resolution process, outlined in section 9.4, may be considered a billing dispute for purposes of this Section. Once the billing dispute is resolved, invoked.
9.1.1.2 If the disputing Party will make immediate payment of any of the disputed amount owed to the billing Party or the billing Party shall have the right to pursue normal treatment procedures. Any credits due to the disputing Party, pursuant to the billing dispute, will be applied to the disputing Party's account by the billing Party immediately upon resolution of the dispute.
7.6.4.3 If a Party disputes a charge and does not pay such charge by the payment due date, such charges shall be subject to late payment charges as set forth in the Late Payment Charges provision of this Attachmentsubsection 8.3 above. If a the disputing Party disputes charges and the dispute is resolved in favor of such the disputing Party, the other billing Party shall credit the xxxx of the disputing Party for the amount of the disputed charges charges, along with any late payment charges assessed no later than assessed, by the second Xxxx Date next billing cycle after the resolution of the dispute. Accordingly, if a the disputing Party disputes charges and the dispute is resolved in favor of the other billing Party, the disputing Party shall pay the other billing Party the amount of the disputed charges and any associated late payment charges assessed no later than charges, by the second xxxx payment next billing due date after the resolution of the dispute.
9.1.1.3 For purposes of this subsection 9.1.1, a billing dispute shall not include the refusal to pay other amounts owed to a Party pending resolution of the dispute. BellSouth Claims by the disputing Party for damages of any kind will not be considered a Bona Fide Dispute for purposes of this subsection 9.
1.1. Parties failure to pay all undisputed amounts by the due date listed on the xxxx, is a material breach of this agreement.
9.1.1.3.1 If a Party is in breach of a material term or condition of this Agreement (“Party in Breach”), the other Party shall only assess interest provide written notice of such breach to the Party in Breach. The Party in Breach shall have ten (10) business days from receipt of notice to cure the breach. If the breach is not cured, termination of this agreement will occur.
9.1.1.4 Once the billing dispute has been processed in accordance with this subsection 9.1.1, the disputing Party will make immediate payment on previously assessed late payment any of the disputed amount owed to the billing Party, or the billing Party shall have the right to pursue normal treatment procedures. Any credits due to the disputing Party resulting from the Dispute process will be applied to the disputing Party's account by the billing Party immediately upon resolution of the dispute.
9.1.1.5 Neither Party shall xxxx the other Party for charges in a state where it has authority pursuant to its tariffs.incurred more than twelve
Appears in 1 contract
Samples: Interconnection Agreement
Billing Disputes. 7.6.4.1 Each 9.2.1 For all services purchased under this Agreement, other than resale services, if the disputing party intends to withhold disputed amounts, the disputing Party agrees must submit the applicable billing dispute (“Billing Dispute”) to notify the billing Party on the Billing Dispute Form contained in Appendix A by the due date on the disputed xxxx.For all services purchased under this Agreement, other than resale services, if a particular xxxx is paid in full by the due date of the xxxx, the disputing Party may submit a billing dispute (“Billing Dispute”) to the billing Party on the Billing Dispute Form contained in writing upon Appendix A within 12 months of the discovery due date of the xxxx. For resale services purchased pursuant to Attachment 2 of this Agreement, the billing dispute form must be submitted through Windstream Express System by the due date on the disputed xxxx. The dispute form must be complete, with all relevant fields populated with the required information for the billable element in dispute. If the billing dispute form is not complete with all information, the dispute will be rejected by the billing Party. After receipt of a billing dispute. In the event of a billing completed dispute, the billing Party will review to determine the accuracy of the billing dispute and make a good faith attempt to either accept or reject the dispute within thirty (30) days. If the billing Party determines the dispute is valid, the billing Party will credit the disputing Party’s xxxx by the next xxxx date. If the billing Party determines the billing dispute is not valid, the billing Party will provide information outlining why the dispute is rejected. The disputing Party may escalate the dispute as outlined in section 9.2.
1.1. If escalation of the billing dispute does not occur within the sixty (60) days as outlined below, the disputing Party must remit payment for the disputed charge, including late payment charges, to the billing Party by the next xxxx date and these charges are no longer considered disputed charges. Closure of the dispute does not waive the disputing Party’s right to file an additional dispute for prospective billing. The Parties will endeavor to resolve all Billing Disputes within sixty (60) calendar days from receipt of the Dispute Form.
9.2.1.1 Resolution of the dispute is expected to occur at the first level of management, resulting in a recommendation for settlement of the dispute and closure of a specific billing period. If the issues are not resolved within the allotted time frame, the following resolution procedure will be implemented:
9.2.1.1. 1If the escalated dispute is not resolved within thirty (30) calendar days of receipt of the escalation request, the dispute will be escalated via written notice to the second level of management, or its equivalent, for each of the respective Parties for resolution. If the escalated dispute is not resolved within sixty (60) calendar days of the notification date. If escalation request, the dispute will be escalated to the third level of management for each of the respective Parties are unable within the 60 day period to reach for resolution, then the aggrieved Party may pursue dispute resolution in accordance with the General Terms and Conditions of this Agreement.
7.6.4.2 For purposes 9.2.1.1. 2If the escalated dispute is not resolved within ninety (90) calendar days of this Sectionthe receipt of the escalation request, a the dispute will be escalated to the fourth level of management, or its equivalent, for each of the respective Parties for resolution.
9.2.1.1. 3Each Party will provide to the other Party an escalation list for resolving billing dispute means a dispute of a specific amount of money actually billed by BellSouthdisputes. The dispute must be clearly explained by escalation list will contain the disputing Party name, title, phone number, fax number and supported by written documentation, which clearly shows the basis email address for disputing chargeseach escalation point identified in this section 9.
2.1.1. By way of example and not by limitation, a billing dispute will not include the refusal A Party’s failure to pay all or part of a xxxx or bills when no written documentation is provided to support the dispute, nor shall a billing dispute include the refusal to pay other undisputed amounts owed by the billed Party until due date listed on the dispute xxxx, is resolved. Claims a material breach of this Agreement that shall be governed by the billed Party for damages Default provisions of any kind will not be considered a billing dispute for purposes of this Section. Once the billing dispute is resolved, the disputing Party will make immediate payment of any of the disputed amount owed to the billing Party or the billing Party shall have the right to pursue normal treatment procedures. Any credits due to the disputing Party, pursuant to the billing dispute, will be applied to the disputing Party's account by the billing Party immediately upon resolution of the disputesection 4.6.
7.6.4.3 If a Party disputes a charge and does not pay such charge by the payment due date, such charges shall be subject to late payment charges as set forth in the Late Payment Charges provision of this Attachment. If a Party disputes charges and the dispute is resolved in favor of such Party, the other Party shall credit the xxxx of the disputing Party for the amount of the disputed charges along with any late payment charges assessed no later than the second Xxxx Date after the resolution of the dispute. Accordingly, if a Party disputes charges and the dispute is resolved in favor of the other Party, the disputing Party shall pay the other Party the amount of the disputed charges and any associated late payment charges assessed no later than the second xxxx payment due date after the resolution of the dispute. BellSouth shall only assess interest on previously assessed late payment charges in a state where it has authority pursuant to its tariffs.
Appears in 1 contract
Samples: Interconnection Agreement
Billing Disputes. 7.6.4.1 2.1 Each Party agrees to notify the other Party in writing upon the discovery of a billing dispute. My-Tel shall report all billing disputes to BellSouth using the Billing Adjustment Request Form (RF 1461) provided by BellSouth. In the event of a billing dispute, the Parties will endeavor to resolve the dispute within sixty (60) calendar days of the notification date. If the Parties are unable within the 60 day period to reach resolution, then the aggrieved Party may pursue dispute Version R1Q03: 03/04/03 resolution in accordance with the General Terms and Conditions of this Agreement.
7.6.4.2 2.2 For purposes of this SectionSection 2, a billing dispute means a reported dispute of a specific amount of money actually billed by BellSoutheither Party. The dispute must be clearly explained by the disputing Party and supported by written documentation, which clearly shows the basis for disputing charges. By way of example and not by limitation, a A billing dispute will not include the refusal to pay all or part of a xxxx or bills when no written documentation is provided to support the dispute, nor shall a billing dispute include the refusal to pay other amounts owed by the billed Party until the dispute is resolved. Claims by the billed Party for damages of any kind will not be considered a billing dispute for purposes of this Section. Once If the billing dispute is resolvedresolved in favor of the billing Party, the disputing Party will make immediate payment of any of the disputed amount owed to the billing Party or the billing Party shall have the right to pursue normal treatment procedures. Any credits due to the disputing Party, pursuant to the billing dispute, will be applied to the disputing Party's account by the billing Party immediately upon resolution of the dispute.
7.6.4.3 2.2.1.1 If a Party disputes a charge and does not pay such charge by the payment due date, such charges or if a payment or any portion of a payment is received by either Party after the payment due date, or if a payment or any portion of a payment is received in funds which are not immediately available to the other Party, then a late payment charge and interest, where applicable, shall be subject to assessed. For bills rendered by either Party for payment, the late payment charges charge for both Parties shall be calculated based on the portion of the payment not received by the payment due date multiplied by the late factor as set forth in the Late Payment Charges provision following BellSouth tariffs: for services purchased from the General Subscribers Services Tariff for purposes of this Attachment. If a Party disputes charges and the dispute is resolved in favor of such Partyresale, the other Party shall credit the xxxx Section A2 of the disputing Party General Subscriber Services Tariff and for services purchased from the amount Private Line Tariff for purposes of resale, Section B2 of the disputed charges along with any late payment charges assessed no later than the second Xxxx Date after the resolution of the disputePrivate Line Service Tariff. Accordingly, if a Party disputes charges and the dispute is resolved in favor of the other Party, the disputing Party The Parties shall pay the other Party the amount of the disputed charges and any associated late payment charges assessed no later than the second xxxx payment due date after the resolution of the dispute. BellSouth shall only assess interest on previously assessed late payment charges only in a state where it has the authority pursuant to its tariffs. Version R1Q03: 03/04/03 Attachment 4 Performance Measurements Upon a particular Commission’s issuance of an Order pertaining to Performance Measurements in a proceeding expressly applicable to all CLECs generally, BellSouth shall implement in that state such Performance Measurements as of the date specified by the Commission. Performance Measurements that have been Ordered in a particular state can currently be accessed via the internet at xxxxx://xxxx.xxxxxxxxx.xxx. At the request of the Tennessee Regulatory Authority (TRA), the following Regional Service Quality Measurements (SQM) plan is being included as the performance measurements currently in place for the state of Tennessee. At such time that the TRA issues an Order pertaining to Performance Measurements, such Performance Measurements shall supersede the Regional SQM contained in the Agreement.
Appears in 1 contract
Samples: Resale Agreement
Billing Disputes. 7.6.4.1 2.1 Each Party agrees to notify the other Party in writing upon the discovery of a billing dispute. Delta Phones, Inc. shall report all billing disputes to BellSouth using the Billing Adjustment Request Form (RF 1461) provided by BellSouth. In the event of a billing dispute, the Parties will endeavor to resolve the dispute within sixty (60) calendar days of the notification date. If the Parties are unable within the 60 sixty (60) calendar day period to reach resolution, then the aggrieved Party may pursue dispute resolution in accordance with the General Terms and Conditions of this Agreement.
7.6.4.2 2.2 For purposes of this SectionSection 2, a billing dispute means a reported dispute of a specific amount of money actually billed by BellSoutheither Party. The dispute must be clearly explained by the disputing Party and supported by written documentation, which clearly shows the basis for disputing charges. By way of example and not by limitation, a billing dispute will not include the refusal to pay all or part of a xxxx or bills when no written documentation is provided to support the dispute, nor shall a billing dispute include the refusal to pay other amounts owed by the billed Party until the dispute is resolved. Claims by the billed Party for damages of any kind will not be considered a billing dispute for purposes of this Section. Once If the billing dispute is resolvedresolved in favor of the billing Party, the disputing Party will make immediate payment of any of the disputed amount owed to the billing Party or the billing Party shall have the right to pursue normal treatment procedures. Any credits due to the disputing Party, pursuant to the billing dispute, will be applied to the disputing Party's account by the billing Party immediately upon resolution of the dispute.
7.6.4.3 2.3 If a Party disputes a charge and does not pay such charge by the payment due date, such charges or if a payment or any portion of a payment is received by either Party after the payment due date, or if a payment or any portion of a payment is received in funds which are not immediately available to the other Party, then a late payment charge Version R4Q02: 02/26/02 and interest, where applicable, shall be subject to assessed. For bills rendered by either Party for payment, the late payment charges charge for both Parties shall be calculated based on the portion of the payment not received by the payment due date multiplied by the late factor as set forth in the Late Payment Charges provision following BellSouth tariffs: for services purchased from the General Subscribers Services Tariff for purposes of this Attachment. If a Party disputes charges and the dispute is resolved in favor of such Partyresale, the other Party shall credit the xxxx Section A2 of the disputing Party General Subscriber Services Tariff and for services purchased from the amount Private Line Tariff for purposes of resale, Section B2 of the disputed charges along with any late payment charges assessed no later than the second Xxxx Date after the resolution of the disputePrivate Line Service Tariff. Accordingly, if a Party disputes charges and the dispute is resolved in favor of the other Party, the disputing Party The Parties shall pay the other Party the amount of the disputed charges and any associated late payment charges assessed no later than the second xxxx payment due date after the resolution of the dispute. BellSouth shall only assess interest on previously assessed late payment charges only in a state where it has the authority pursuant to its tariffs.. Version R4Q02: 02/26/02 ATTACHMENT 4 Version R1Q02: 02/26/02 Upon a particular Commission’s issuance of an Order pertaining to Performance Measurements in a proceeding expressly applicable to all CLECs generally, BellSouth shall implement in that state such Performance Measurements as of the date specified by the Commission. Performance Measurements that have been Ordered in a particular state can currently be accessed via the internet at xxxxx://xxxx.xxxxxxxxx.xxx. At the request of the Tennessee Regulatory Authority (TRA), the following Regional Service Quality Measurements (SQM) plan is being included as the performance measurements currently in place for the state of Tennessee. At such time that the TRA issues an Order pertaining to Performance Measurements, such Performance Measurements shall supersede the Regional SQM contained in the Agreement. Version R1Q02: 02/26/02 Attachment 5 BellSouth Disaster Recovery Plan
Appears in 1 contract
Samples: Clec Agreement
Billing Disputes. 7.6.4.1 Each Party agrees to notify the other Party in writing upon the discovery of a billing dispute. In the event of a billing dispute, the Parties will endeavor to resolve the dispute within sixty (60) calendar days of the notification date. If the Parties are unable within the 60 day period to reach resolution, then the aggrieved Party may pursue dispute resolution in accordance with the General Terms and Conditions of this Agreement.
7.6.4.2 For purposes of this Section, a billing dispute means a dispute of a specific amount of money actually billed by BellSouth. The dispute must be clearly explained by the disputing Party and supported by written documentation, which clearly shows the basis for disputing charges. Upon request, BellSouth shall provide the Customer Service Record (CSR) for any disputed numbers. BellSouth shall upon request to the Local Carrier Service Center (LCSC), provide CSR information for up to ninety (90) days. By way of example and not by limitation, a billing dispute will not include the refusal to pay all or part of a xxxx or bills when no written documentation is provided to support the dispute, nor shall a billing dispute include the refusal to pay other amounts owed by the billed Party until the dispute is resolved. Claims by the billed Party for damages of any kind will not be considered a billing dispute for purposes of this Section. Once the billing dispute is resolved, the disputing Party will make immediate payment of any of the disputed amount owed to the billing Party in accordance with Section 7.6.4.3 below or the billing or the billing Party shall have the right to pursue normal treatment procedures. Any credits due to the disputing Party, pursuant to the billing dispute, will be applied to the disputing Party's account by the billing Party immediately upon resolution of the dispute.
7.6.4.3 If a Party disputes a charge and does not pay such charge by the payment due date, such charges shall be subject to late payment charges as set forth in the Late Payment Charges provision of this Attachment. If a Party disputes charges and the dispute is resolved in favor of such Party, the other Party shall credit the xxxx of the disputing Party for the amount of the disputed charges along with any late payment charges assessed no later than the second Xxxx Date immediately after the resolution of the dispute. Accordingly, if a Party disputes charges and the dispute is resolved in favor of the other Party, the disputing Party shall pay the other Party the amount of the disputed charges and any associated late payment charges assessed no later than the second xxxx payment due date immediately after the resolution of the dispute. BellSouth shall only assess interest on previously assessed late payment charges in a state where it has authority pursuant to its tariffs. In those instances where DPI files a dispute with BellSouth and DPI has already paid those charges, DPI shall on the same dispute that they are disputing the xxxx item indicate that they have already paid these charges in full and request interest be applied to the credited amount.
Appears in 1 contract
Samples: Resale Agreement
Billing Disputes. 7.6.4.1 Each 9.2.1 For all services purchased under this Agreement, other than resale services, if the disputing party intends to withhold disputed amounts, the disputing Party agrees must submit the applicable billing dispute (“Billing Dispute”) to notify the billing Party on the Billing Dispute Form contained in Appendix A by the due date of the disputed xxxx. For all services purchased under this Agreement, other than resale services, if a particular xxxx is paid in full by the due date of the xxxx, the disputing Party may submit a billing dispute (“Billing Dispute”) to the billing Party on the Billing Dispute Form contained in writing upon Appendix A within 12 months of the discovery due date of the xxxx. For resale services purchased pursuant to Attachment 2 of this Agreement, the billing dispute form must be submitted through Windstream Express System by the due date on the disputed xxxx. The dispute form must be complete, with all relevant fields populated with the required information for the billable element in dispute. If the billing dispute form is not complete with all information, the dispute will be rejected by the billing Party. After receipt of a billing dispute. In the event of a billing completed dispute, the billing Party will review to determine the accuracy of the billing dispute and make a good faith attempt to either accept or reject the dispute within thirty (30) days. If the billing Party determines the dispute is valid, the billing Party will credit the disputing Party’s xxxx by the next xxxx date. If the billing Party determines the billing dispute is not valid, the billing Party will provide information outlining why the dispute is rejected. The disputing Party may escalate the dispute as outlined in section 9.2.
1.1. If escalation of the billing dispute does not occur within the sixty (60) days as outlined below, the disputing Party must remit payment for the disputed charge, including late payment charges, to the billing Party by the next xxxx date and these charges are no longer considered disputed charges. Closure of the dispute does not waive the disputing Party’s right to file an additional dispute for prospective billing. The Parties will endeavor to resolve all Billing Disputes within sixty (60) calendar days from receipt of the Dispute Form.
9.2.1.1 Resolution of the dispute is expected to occur at the first level of management, resulting in a recommendation for settlement of the dispute and closure of a specific billing period. If the issues are not resolved within the allotted time frame, the following resolution procedure will be implemented:
9.2.1.1.1 If the escalated dispute is not resolved within thirty (30) calendar days of receipt of the escalation request, the dispute will be escalated via written notice to the second level of management, or its equivalent, for each of the respective Parties for resolution. If the escalated dispute is not resolved within sixty (60) calendar days of the notification date. escalation request, the dispute will be escalated to the third level of management for each of the respective Parties for resolution.
9.2.1.1.2 If the escalated dispute is not resolved within ninety (90) calendar days of the receipt of the escalation request, the dispute will be escalated to the fourth level of management, or its equivalent, for each of the respective Parties are unable within the 60 day period to reach for resolution, then the aggrieved Party may pursue dispute resolution in accordance with the General Terms and Conditions of this Agreement.
7.6.4.2 For purposes of this Section, a 9.2.1.1.3 Each Party will provide to the other Party an escalation list for resolving billing dispute means a dispute of a specific amount of money actually billed by BellSouthdisputes. The dispute must be clearly explained by escalation list will contain the disputing Party name, title, phone number, fax number and supported by written documentation, which clearly shows the basis email address for disputing chargeseach escalation point identified in this section 9.
2.1.1. By way of example and not by limitation, a billing dispute will not include the refusal A Party’s failure to pay all undisputed amounts by the due date listed on the xxxx, is a material breach of this Agreement that shall be governed by the Default provisions of section 4.6.
9.2.1.1.4 If the dispute is not resolved within one hundred twenty (120) days of receipt of the Dispute Form or part of a xxxx or bills when no written documentation either Party is provided not operating in good faith to support resolve the dispute, nor shall a billing dispute include the refusal to pay other amounts owed by the billed Party until the dispute is resolved. Claims by the billed Party for damages of any kind will not Formal Dispute Resolution process, outlined in section 9.4, may be considered a billing dispute for purposes of this Section. Once the billing dispute is resolved, invoked.
9.2.1.2 If the disputing Party will make immediate payment of any of the disputed amount owed to the billing Party or the billing Party shall have the right to pursue normal treatment procedures. Any credits due to the disputing Party, pursuant to the billing dispute, will be applied to the disputing Party's account by the billing Party immediately upon resolution of the dispute.
7.6.4.3 If a Party disputes a charge and does not pay such charge by the payment due date, such charges shall be subject to late payment charges as set forth in the Late Payment Charges provision of this Attachmentsubsection 8.3 above. If a the disputing Party disputes charges and the dispute is resolved in favor of such the disputing Party, the other billing Party shall credit the xxxx of the disputing Party for the amount of the disputed charges, along with any late payment charges assessed, by the next billing cycle after the resolution of the dispute. If the disputing Party disputes a charge and has submitted payment by the due date, and the dispute is resolved in favor of the disputing Party, the billing Party shall credit the xxxx of the disputing Party for the amount of the disputed charges along with and any late payment charges assessed no later than the second Xxxx Date after the resolution of the disputeapplicable interest. Accordingly, if a the disputing Party disputes charges and the dispute is resolved in favor of the other billing Party, the disputing Party shall pay the other billing Party the amount of the disputed charges and any associated late payment charges assessed no later than charges, by the second xxxx payment next billing due date after the resolution of the dispute.
9.2.1.3 For purposes of this subsection 9.1.1, a billing dispute shall not include the refusal to pay undisputed amounts owed to a Party pending resolution of the dispute. BellSouth Claims by the disputing Party for damages of any kind will not be considered a Bona Fide Dispute for purposes of this subsection 9.
2.1. Parties failure to pay all undisputed amounts by the due date listed on the xxxx is a material breach of this agreement that shall only assess interest on previously assessed late payment charges in a state where it has authority pursuant to its tariffsbe governed by the Default provisions of section 4.6.
Appears in 1 contract
Samples: Interconnection Agreement
Billing Disputes. 7.6.4.1 2.1 Each Party agrees to notify the other Party in writing upon the discovery of a billing dispute. A-Tech Telecom shall report all billing disputes to BellSouth using the Billing Adjustment Request Form (RF 1461) provided by BellSouth. In the event of a billing dispute, the Parties will endeavor to resolve the dispute within sixty (60) calendar days of the notification date. If the Parties are unable within the 60 sixty (60) calendar day period to reach resolution, then the aggrieved Party may pursue dispute resolution in accordance with the General Terms and Conditions of this Agreement.
7.6.4.2 2.2 For purposes of this SectionSection 2, a billing dispute means a reported dispute of a specific amount of money actually billed by BellSoutheither Party. The dispute must be clearly explained by the disputing Party and supported by written documentation, which clearly shows the basis for disputing charges. By way of example and not by limitation, a billing dispute will not include the refusal to pay all or part of a xxxx or bills when no written documentation is provided to support the dispute, nor shall a billing dispute include the refusal to pay other amounts owed by the billed Party until the dispute is resolved. Claims by the billed Party for damages of any kind will not be considered a billing dispute for purposes of this Section. Once If the billing dispute is resolvedresolved in favor of the billing Party, the disputing Party will make immediate payment of any of the disputed amount owed to the billing Party or the billing Party shall have the right to pursue normal treatment procedures. Any credits due to the disputing Party, pursuant to the billing dispute, will be applied to the disputing Party's account by the billing Party immediately upon resolution of the dispute.. Version R2Q02: 06/3/02
7.6.4.3 2.3 If a Party disputes a charge and does not pay such charge by the payment due date, such charges or if a payment or any portion of a payment is received by either Party after the payment due date, or if a payment or any portion of a payment is received in funds which are not immediately available to the other Party, then a late payment charge and interest, where applicable, shall be subject to assessed. For bills rendered by either Party for payment, the late payment charges charge for both Parties shall be calculated based on the portion of the payment not received by the payment due date multiplied by the late factor as set forth in the Late Payment Charges provision following BellSouth tariffs: for services purchased from the General Subscribers Services Tariff for purposes of this Attachment. If a Party disputes charges and the dispute is resolved in favor of such Partyresale, the other Party shall credit the xxxx Section A2 of the disputing Party General Subscriber Services Tariff and for services purchased from the amount Private Line Tariff for purposes of resale, Section B2 of the disputed charges along with any late payment charges assessed no later than the second Xxxx Date after the resolution of the disputePrivate Line Service Tariff. Accordingly, if a Party disputes charges and the dispute is resolved in favor of the other Party, the disputing Party The Parties shall pay the other Party the amount of the disputed charges and any associated late payment charges assessed no later than the second xxxx payment due date after the resolution of the dispute. BellSouth shall only assess interest on previously assessed late payment charges only in a state where it has the authority pursuant to its tariffs.. Version R2Q02: 06/3/02 ATTACHMENT 4 Version R2Q02: 6/3/02 Upon a particular Commission’s issuance of an Order pertaining to Performance Measurements in a proceeding expressly applicable to all CLECs generally, BellSouth shall implement in that state such Performance Measurements as of the date specified by the Commission. Performance Measurements that have been Ordered in a particular state can currently be accessed via the internet at xxxxx://xxxx.xxxxxxxxx.xxx. At the request of the Tennessee Regulatory Authority (TRA), the following Regional Service Quality Measurements (SQM) plan is being included as the performance measurements currently in place for the state of Tennessee. At such time that the TRA issues an Order pertaining to Performance Measurements, such Performance Measurements shall supersede the Regional SQM contained in the Agreement. Version R2Q02: 6/3/02 Attachment 5 BellSouth Disaster Recovery Plan
Appears in 1 contract
Samples: Clec Agreement
Billing Disputes. 7.6.4.1 2.1 Each Party agrees to notify the other Party in writing upon the discovery of a billing dispute. Speedy Reconnect, Inc. shall report all billing disputes to BellSouth using the Billing Adjustment Request Form (RF 1461) provided by BellSouth. In the event of a billing dispute, the Parties will endeavor to resolve the dispute within sixty (60) calendar days of the notification date. If the Parties are unable within the 60 day period to reach resolution, then the aggrieved Party may pursue dispute resolution in accordance with the General Terms and Conditions of this Agreement.
7.6.4.2 2.2 For purposes of this SectionSection 2, a billing dispute means a reported dispute of a specific amount of money actually billed by BellSoutheither Party. The dispute must be clearly explained by the disputing Party and supported by written documentation, which clearly shows the basis for disputing charges. By way of example and not by limitation, a billing dispute will not include the refusal to pay all or part of a xxxx or bills when no written documentation is provided to support the dispute, nor shall a billing dispute include the refusal to pay other amounts owed by the billed Party until the dispute is resolved. Claims by the billed Party for damages of any kind will not be considered a billing dispute for purposes of this Section. Once If the billing dispute is resolvedresolved in favor of the billing Party, the disputing Party will make immediate payment of any of the disputed amount owed to the billing Party or the billing Party shall have the right to pursue normal treatment procedures. Any credits due to the disputing Party, pursuant to the billing dispute, will be applied to the disputing Party's account by the billing Party immediately upon resolution of the dispute.
7.6.4.3 2.3 If a Party disputes a charge and does not pay such charge by the payment due date, such charges or if a payment or any portion of a payment is received by either Party after the payment due date, or if a payment or any portion of a payment is received in funds which are not immediately available to the other Party, then a late payment charge and interest, where applicable, shall be subject to assessed. For bills rendered by either Party for payment, the late payment charges charge for both Parties shall be calculated based on the portion of the payment not received by the payment due date multiplied by the late factor as set forth in the Late Payment Charges provision following BellSouth tariffs: for services purchased from the General Subscribers Services Tariff for purposes of this Attachment. If a Party disputes charges resale and the dispute is resolved in favor of such Partyfor ports and non-designed loops, the other Party shall credit the xxxx Section A2 of the disputing Party General Subscriber Services Tariff and for services purchased from the amount Private Line Tariff for purposes of resale, Section B2 of the disputed charges along with any late payment charges assessed no later than the second Xxxx Date after the resolution of the disputePrivate Line Service Tariff. Accordingly, if a Party disputes charges and the dispute is resolved in favor of the other Party, the disputing Party The Parties shall pay the other Party the amount of the disputed charges and any associated late payment charges assessed no later than the second xxxx payment due date after the resolution of the dispute. BellSouth shall only assess interest on previously assessed late payment charges only in a state where it has the authority pursuant to its tariffs.. ATTACHMENT 4 Version R4Q01: 12/01/01 Upon a particular Commission’s issuance of an Order pertaining to Performance Measurements in a proceeding expressly applicable to all CLECs generally, BellSouth shall implement in that state such Performance Measurements as of the date specified by the Commission. Version R4Q01: 12/01/01 Attachment 5
Appears in 1 contract
Samples: Clec Agreement
Billing Disputes. 7.6.4.1 1. Billing disputes shall be handled pursuant to the terms of this section.
a. Each Party agrees to notify the other Party in writing upon the discovery of a billing dispute. In the event of a billing dispute, the Parties will endeavor to resolve the dispute within sixty (60) calendar days of the notification date. If the Parties are unable within the 60 sixty (60) day period to reach resolution, then the aggrieved Party Parties may pursue dispute resolution in accordance with the General Terms and Conditions Section XXI of this Agreement.
7.6.4.2 b. For purposes of this Section, a billing dispute means a dispute of a specific amount of money actually billed by BellSoutheither Party. The dispute must be clearly explained by the disputing Party and supported by written documentation, which clearly shows the basis for disputing charges. By way of example and not by limitation, a A billing dispute will not include the refusal to pay all or part of a xxxx or bills when no written documentation is provided to support the dispute, nor shall a billing dispute include the refusal to pay other amounts owed by the billed Party until the dispute is resolved. Claims by the billed Party for damages of any kind will not be considered a billing dispute for purposes of this Section, but shall be subject to the dispute resolution procedure described in Section XXI below. Once the billing dispute is resolved, the disputing Party will make immediate payment of any of the disputed amount owed to the billing Party or the billing Party shall have the right to pursue normal treatment procedures. Any credits due to the disputing Party, Party pursuant to the billing dispute, dispute will be applied to the disputing Party's ’s account by the billing Party immediately upon resolution of the dispute.
7.6.4.3 c. If a Party disputes a charge and does not pay such charge by the payment due date, such charges shall be subject to late or if a payment charges as set forth in the Late Payment Charges provision or any portion of this Attachment. If a payment is received by either Party disputes charges and the dispute is resolved in favor of such Party, the other Party shall credit the xxxx of the disputing Party for the amount of the disputed charges along with any late payment charges assessed no later than the second Xxxx Date after the resolution of the dispute. Accordinglypayment due date, or if a Party disputes charges and the dispute payment or any portion of a payment is resolved received in favor of funds that are not immediately available to the other Party, the disputing Party shall pay the other Party the amount of the disputed charges and any associated then a late payment charges assessed no later than the second xxxx payment due date after the resolution of the disputecharge shall be assessed. BellSouth The Parties shall only assess interest on previously assessed late payment charges only in a state where it has the authority pursuant to its tariffs.
Appears in 1 contract
Samples: Clec Agreement
Billing Disputes. 7.6.4.1 2.1 Each Party agrees to notify the other Party in writing upon the discovery of a billing dispute. Quantum Phone Communications, Inc. shall report all billing disputes to BellSouth using the Billing Adjustment Request Form (RF 1461) provided by BellSouth. In the event of a billing dispute, the Parties will endeavor to resolve the dispute within sixty (60) calendar days of the notification date. If the Parties are unable within the 60 day period to reach resolution, then the aggrieved Party may pursue dispute resolution in accordance with the General Terms and Conditions of this Agreement.. Version R3Q01: 12/01/01
7.6.4.2 2.2 For purposes of this SectionSection 2, a billing dispute means a reported dispute of a specific amount of money actually billed by BellSoutheither Party. The dispute must be clearly explained by the disputing Party and supported by written documentation, which clearly shows the basis for disputing charges. By way of example and not by limitation, a billing dispute will not include the refusal to pay all or part of a xxxx bill or bills when no written documentation is provided to support the dispute, nor shall a billing dispute include the refusal to pay other amounts owed by the billed Party until the dispute is resolved. Claims by the billed Party for damages of any kind will not be considered a billing dispute for purposes of this Section. Once If the billing dispute is resolvedresolved in favor of the billing Party, the disputing Party will make immediate payment of any of the disputed amount owed to the billing Party or the billing Party shall have the right to pursue normal treatment procedures. Any credits due to the disputing Party, pursuant to the billing dispute, will be applied to the disputing Party's account by the billing Party immediately upon resolution of the dispute.
7.6.4.3 2.3 If a Party disputes a charge and does not pay such charge by the payment due date, such charges or if a payment or any portion of a payment is received by either Party after the payment due date, or if a payment or any portion of a payment is received in funds which are not immediately available to the other Party, then a late payment charge and interest, where applicable, shall be subject to assessed. For bills rendered by either Party for payment, the late payment charges charge for both Parties shall be calculated based on the portion of the payment not received by the payment due date multiplied by the late factor as set forth in the Late Payment Charges provision following BellSouth tariffs: for services purchased from the General Subscribers Services Tariff for purposes of this Attachment. If a Party disputes charges resale and the dispute is resolved in favor of such Partyfor ports and non-designed loops, the other Party shall credit the xxxx Section A2 of the disputing Party General Subscriber Services Tariff and for services purchased from the amount Private Line Tariff for purposes of resale, Section B2 of the disputed charges along with any late payment charges assessed no later than the second Xxxx Date after the resolution of the disputePrivate Line Service Tariff. Accordingly, if a Party disputes charges and the dispute is resolved in favor of the other Party, the disputing Party The Parties shall pay the other Party the amount of the disputed charges and any associated late payment charges assessed no later than the second xxxx payment due date after the resolution of the dispute. BellSouth shall only assess interest on previously assessed late payment charges only in a state where it has the authority pursuant to its tariffs.. Version R3Q01: 12/01/01 Version R4Q01: 12/01/01 Upon a particular Commission’s issuance of an Order pertaining to Performance Measurements in a proceeding expressly applicable to all CLECs generally, BellSouth shall implement in that state such Performance Measurements as of the date specified by the Commission. Version R4Q01: 12/01/01 Attachment 5 BellSouth Disaster Recovery Plan
Appears in 1 contract
Samples: Clec Agreement
Billing Disputes. 7.6.4.1 2.1 Each Party agrees to notify the other Party in writing upon the discovery of a billing dispute. Universal Telecom, Inc shall report all billing disputes to BellSouth using the Billing Adjustment Request Form (RF 1461) provided by BellSouth. In the event of a billing dispute, the Parties will endeavor to resolve the dispute within sixty (60) calendar days of the notification date. If the Parties are unable within the 60 sixty (60) calendar day period to reach resolution, then the aggrieved Party may pursue dispute resolution in accordance with the General Terms and Conditions of this Agreement.
7.6.4.2 2.2 For purposes of this SectionSection 2, a billing dispute means a reported dispute of a specific amount of money actually billed by BellSoutheither Party. The dispute must be clearly explained by the disputing Party and supported by written documentation, which clearly shows the basis for disputing charges. By way of example and not by limitation, a billing dispute will not include the refusal to pay all or part of a xxxx bill or bills when no written documentation is provided to support the dispute, nor shall a billing dispute include the refusal to pay other amounts owed by the billed Party until the dispute is resolved. Claims by the billed Party for damages of any kind will not be considered a billing dispute for purposes of this Section. Once If the billing dispute is resolvedresolved in favor of the billing Party, the disputing Party will make immediate payment of any of the disputed amount owed to the billing Party Version R2Q02: 06/3/02 or the billing Party shall have the right to pursue normal treatment procedures. Any credits due to the disputing Party, pursuant to the billing dispute, will be applied to the disputing Party's account by the billing Party immediately upon resolution of the dispute.
7.6.4.3 2.3 If a Party disputes a charge and does not pay such charge by the payment due date, such charges or if a payment or any portion of a payment is received by either Party after the payment due date, or if a payment or any portion of a payment is received in funds which are not immediately available to the other Party, then a late payment charge and interest, where applicable, shall be subject to assessed. For bills rendered by either Party for payment, the late payment charges charge for both Parties shall be calculated based on the portion of the payment not received by the payment due date multiplied by the late factor as set forth in the Late Payment Charges provision following BellSouth tariffs: for services purchased from the General Subscribers Services Tariff for purposes of this Attachment. If a Party disputes charges and the dispute is resolved in favor of such Partyresale, the other Party shall credit the xxxx Section A2 of the disputing Party General Subscriber Services Tariff and for services purchased from the amount Private Line Tariff for purposes of resale, Section B2 of the disputed charges along with any late payment charges assessed no later than the second Xxxx Date after the resolution of the disputePrivate Line Service Tariff. Accordingly, if a Party disputes charges and the dispute is resolved in favor of the other Party, the disputing Party The Parties shall pay the other Party the amount of the disputed charges and any associated late payment charges assessed no later than the second xxxx payment due date after the resolution of the dispute. BellSouth shall only assess interest on previously assessed late payment charges only in a state where it has the authority pursuant to its tariffs.. Version R2Q02: 06/3/02 ATTACHMENT 4 Version R2Q02: 6/3/02 Upon a particular Commission’s issuance of an Order pertaining to Performance Measurements in a proceeding expressly applicable to all CLECs generally, BellSouth shall implement in that state such Performance Measurements as of the date specified by the Commission. Performance Measurements that have been Ordered in a particular state can currently be accessed via the internet at xxxxx://xxxx.xxxxxxxxx.xxx. At the request of the Tennessee Regulatory Authority (TRA), the following Regional Service Quality Measurements (SQM) plan is being included as the performance measurements currently in place for the state of Tennessee. At such time that the TRA issues an Order pertaining to Performance Measurements, such Performance Measurements shall supersede the Regional SQM contained in the Agreement. Version R2Q02: 6/3/02 Attachment 5 BellSouth Disaster Recovery Plan
Appears in 1 contract
Samples: Clec Agreement
Billing Disputes. 7.6.4.1 Each The disputing Party agrees must submit billing disputes ("Billing Disputes") to notify the other billing Party by the due date on the disputed xxxx. At a minimum, the dispute must contain the following information: claim number, invoice number, billing account number (BAN), dispute period, jurisdiction (local or interMTA), exchange and/or common language location identifier (CLLI) code (if applicable), xxxx date, quantity in writing upon dispute, dispute category, dispute amount and specific reason for dispute. If the discovery billing dispute does not contain all necessary information, the dispute will be denied by the billing Party. After receipt of a completed dispute, the billing Party will review to determine the accuracy of the billing dispute. In If the event of a billing disputeParty determines the dispute is valid, the billing Party will credit the disputing Party's xxxx by the next xxxx date. If the billing Party determines the billing dispute is not valid, the disputing Party may escalate the dispute as outlined in section
19.2.1. If escalation of the billing dispute does not occur within the 60 days as outlined below, the disputing Party must remit payment for the disputed charge, including late payment charges, to the billing Party by the next xxxx date. The Parties will endeavor to resolve all Billing Disputes within sixty (60) calendar days from receipt of the Dispute Form.
19.2.1 Resolution of the dispute is expected to occur at the first level of management, resulting in a recommendation for settlement of the dispute and closure of a specific billing period. If the issues are not resolved within the allotted time frame, the following resolution procedure will be implemented:
19.2.1.1 If the dispute is not resolved within thirty (30) calendar days of receipt of the Billing Dispute, the dispute will be escalated to the second level of management for each of the respective Parties for resolution. If the dispute is not resolved within sixty (60) calendar days of the notification date. , the dispute will be escalated to the third level of management for each of the respective Parties for resolution.
19.2.1.2 If the dispute is not resolved within ninety (90) calendar days of the receipt of the Billing Dispute, the dispute will be escalated to the fourth level of management for each of the respective Parties are unable within the 60 day period to reach for resolution, then the aggrieved Party may pursue dispute resolution in accordance with the General Terms and Conditions of this Agreement.
7.6.4.2 For purposes 19.2.1.3 If the dispute is not resolved within one hundred and twenty
19.2.1.4 (120) days of this Section, a billing dispute means a dispute receipt of a specific amount of money actually billed by BellSouth. The dispute must be clearly explained by the disputing Billing Dispute or either Party and supported by written documentation, which clearly shows the basis for disputing charges. By way of example and is not by limitation, a billing dispute will not include the refusal operating in good faith to pay all or part of a xxxx or bills when no written documentation is provided to support resolve the dispute, nor shall a billing dispute include the refusal to pay other amounts owed by the billed Party until the dispute is resolved. Claims by the billed Party for damages of any kind will not Formal Dispute Resolution process, outlined in section 19.5, may be considered a billing dispute for purposes invoked.
19.2.1.5 Upon execution of this Sectionagreement each Party will provide to the other Party an escalation list for resolving billing disputes. Once the billing dispute is resolvedThe escalation list will contain, at a minimum, the disputing Party will make immediate payment of any of the disputed amount owed to the billing Party or the billing Party shall have the right to pursue normal treatment procedures. Any credits due to name, title, phone number, fax number and email address for each escalation point identified in this section 19.2.1.
19.2.2 If the disputing Party, pursuant to the billing dispute, will be applied to the disputing Party's account by the billing Party immediately upon resolution of the dispute.
7.6.4.3 If a Party disputes a charge and does not pay such charge by the payment due date, such charges shall be subject to late payment charges as set forth in section 5 Part C. If the Late Payment Charges provision of this Attachment. If a disputing Party disputes charges and the dispute is resolved in favor of such the disputing Party, the other billing Party shall credit the xxxx of the disputing Party for the amount of the disputed charges charges, along with any late payment charges assessed no later than assessed, by the second Xxxx Date next billing cycle after the resolution of the dispute. Accordingly, if a the disputing Party disputes charges and the dispute is resolved in favor of the other billing Party, the disputing Party shall pay the other billing Party the amount of the disputed charges and any associated late payment charges assessed no later than charges, by the second xxxx payment next billing due date after the resolution of the dispute.
19.2.2.1 For purposes of this subsection 19.2, a Billing Dispute shall not result in the refusal of either party to pay other undisputed amounts owed to a Party pending resolution of the dispute. BellSouth Claims by the disputing Party for damages of any kind will not be considered a Billing Dispute for purposes of this subsection 19.2.
19.2.2.2 Once the Billing Dispute has been resolved in accordance with this subsection 19.2, the disputing Party will make immediate payment on any and all of the previously disputed amounts found to be owed to the billing Party, or the billing Party shall only assess interest on previously assessed late payment have the right to pursue normal treatment procedures. Any credits due to the disputing Party resulting from the Dispute process will be applied to the disputing Party's account by the billing Party by the next billing cycle.
19.2.2.3 Neither Party shall xxxx the other Party for charges in a state where it has authority pursuant incurred more than twelve (12) months after the service is provided to its tariffsthe non-billing Party.
Appears in 1 contract
Samples: Interconnection Agreement
Billing Disputes. 7.6.4.1 2.1 Each Party agrees to notify the other Party in writing upon the discovery of a billing dispute. Xxxx shall report all billing disputes to BellSouth using the Billing Version R3Q02: 09/22/02 Adjustment Request Form (RF 1461) provided by BellSouth. In the event of a billing dispute, the Parties will endeavor to resolve the dispute within sixty (60) calendar days of the notification date. If the Parties are unable within the 60 sixty (60) calendar day period to reach resolution, then the aggrieved Party may pursue dispute resolution in accordance with the General Terms and Conditions of this Agreement.
7.6.4.2 2.2 For purposes of this SectionSection 2, a billing dispute means a reported dispute of a specific amount of money actually billed by BellSoutheither Party. The dispute must be clearly explained by the disputing Party and supported by written documentation, which clearly shows the basis for disputing charges. By way of example and not by limitation, a billing dispute will not include the refusal to pay all or part of a xxxx or bills when no written documentation is provided to support the dispute, nor shall a billing dispute include the refusal to pay other amounts owed by the billed Party until the dispute is resolved. Claims by the billed Party for damages of any kind will not be considered a billing dispute for purposes of this Section. Once If the billing dispute is resolvedresolved in favor of the billing Party, the disputing Party will make immediate payment of any of the disputed amount owed to the billing Party or the billing Party shall have the right to pursue normal treatment procedures. Any credits due to the disputing Party, pursuant to the billing dispute, will be applied to the disputing Party's account by the billing Party immediately upon resolution of the dispute.
7.6.4.3 2.3 If a Party disputes a charge and does not pay such charge by the payment due date, such charges or if a payment or any portion of a payment is received by either Party after the payment due date, or if a payment or any portion of a payment is received in funds which are not immediately available to the other Party, then a late payment charge and interest, where applicable, shall be subject to assessed. For bills rendered by either Party for payment, the late payment charges charge for both Parties shall be calculated based on the portion of the payment not received by the payment due date multiplied by the late factor as set forth in the Late Payment Charges provision following BellSouth tariffs: for services purchased from the General Subscribers Services Tariff for purposes of this Attachment. If a Party disputes charges and the dispute is resolved in favor of such Partyresale, the other Party shall credit the xxxx Section A2 of the disputing Party General Subscriber Services Tariff and for services purchased from the amount Private Line Tariff for purposes of resale, Section B2 of the disputed charges along with any late payment charges assessed no later than the second Xxxx Date after the resolution of the disputePrivate Line Service Tariff. Accordingly, if a Party disputes charges and the dispute is resolved in favor of the other Party, the disputing Party The Parties shall pay the other Party the amount of the disputed charges and any associated late payment charges assessed no later than the second xxxx payment due date after the resolution of the dispute. BellSouth shall only assess interest on previously assessed late payment charges only in a state where it has the authority pursuant to its tariffs.. Version R3Q02: 09/22/02 ATTACHMENT 4 Version R4Q02: 12/12/02 Upon a particular Commission’s issuance of an Order pertaining to Performance Measurements in a proceeding expressly applicable to all CLECs generally, BellSouth shall implement in that state such Performance Measurements as of the date specified by the Commission. Performance Measurements that have been Ordered in a particular state can currently be accessed via the internet at xxxxx://xxxx.xxxxxxxxx.xxx. At the request of the Tennessee Regulatory Authority (TRA), the following Regional Service Quality Measurements (SQM) plan is being included as the performance measurements currently in place for the state of Tennessee. At such time that the TRA issues an Order pertaining to Performance Measurements, such Performance Measurements shall supersede the Regional SQM contained in the Agreement. Version R4Q02: 12/12/02 Attachment 10 BellSouth Disaster Recovery Plan
Appears in 1 contract
Samples: Clec Agreement
Billing Disputes. 7.6.4.1 Each 9.2.1 For all services purchased under this Agreement, other than resale services, if the disputing party intends to withhold disputed amounts, the disputing Party agrees must submit the applicable billing dispute (“Billing Dispute”) to notify the billing Party on the Billing Dispute Form contained in Appendix A by the due date of the disputed xxxx. For all services purchased under this Agreement, other than resale services, if a particular xxxx is paid in full by the due date of the xxxx, the disputing Party may submit a billing dispute (“Billing Dispute”) to the billing Party on the Billing Dispute Form contained in writing upon Appendix A within 12 months of the discovery due date of the xxxx. For resale services purchased pursuant to Attachment 2 of this Agreement, the billing dispute form must be submitted through Windstream Express System by the due date on the disputed xxxx. The dispute form must be complete, with all relevant fields populated with the required information for the billable element in dispute. If the billing dispute form is not complete with all information, the dispute will be rejected by the billing Party. After receipt of a billing dispute. In the event of a billing completed dispute, the billing Party will review to determine the accuracy of the billing dispute and make a good faith attempt to either accept or reject the dispute within thirty
1.1. If escalation of the billing dispute does not occur within the sixty (60) days as outlined below, the disputing Party must remit payment for the disputed charge, including late payment charges, to the billing Party by the next xxxx date and these charges are no longer considered disputed charges. Closure of the dispute does not waive the disputing Party’s right to file an additional dispute for prospective billing. The Parties will endeavor to resolve all Billing Disputes within sixty (60) calendar days from receipt of the Dispute Form.
9.2.1.1 Resolution of the dispute is expected to occur at the first level of management, resulting in a recommendation for settlement of the dispute and closure of a specific billing period. If the issues are not resolved within the allotted time frame, the following resolution procedure will be implemented:
9.2.1.1. 1If the escalated dispute is not resolved within thirty (30) calendar days of receipt of the escalation request, the dispute will be escalated via written notice to the second level of management, or its equivalent, for each of the respective Parties for resolution. If the escalated dispute is not resolved within sixty (60) calendar days of the notification date. If escalation request, the dispute will be escalated to the third level of management for each of the respective Parties are unable within the 60 day period to reach for resolution, then the aggrieved Party may pursue dispute resolution in accordance with the General Terms and Conditions of this Agreement.
7.6.4.2 For purposes 9.2.1.1. 2If the escalated dispute is not resolved within ninety (90) calendar days of this Sectionthe receipt of the escalation request, a the dispute will be escalated to the fourth level of management, or its equivalent, for each of the respective Parties for resolution.
9.2.1.1. 3Each Party will provide to the other Party an escalation list for resolving billing dispute means a dispute of a specific amount of money actually billed by BellSouthdisputes. The dispute must be clearly explained by escalation list will contain the disputing Party name, title, phone number, fax number and supported by written documentation, which clearly shows the basis email address for disputing chargeseach escalation point identified in this section 9.
2.1.1. By way of example and not by limitation, a billing dispute will not include the refusal A Party’s failure to pay all or part of a xxxx or bills when no written documentation is provided to support the dispute, nor shall a billing dispute include the refusal to pay other undisputed amounts owed by the billed Party until due date listed on the dispute xxxx, is resolved. Claims a material breach of this Agreement that shall be governed by the billed Party for damages Default provisions of any kind will not be considered a billing dispute for purposes of this Section. Once the billing dispute is resolved, the disputing Party will make immediate payment of any of the disputed amount owed to the billing Party or the billing Party shall have the right to pursue normal treatment procedures. Any credits due to the disputing Party, pursuant to the billing dispute, will be applied to the disputing Party's account by the billing Party immediately upon resolution of the disputesection 4.6.
7.6.4.3 If a Party disputes a charge and does not pay such charge by the payment due date, such charges shall be subject to late payment charges as set forth in the Late Payment Charges provision of this Attachment. If a Party disputes charges and the dispute is resolved in favor of such Party, the other Party shall credit the xxxx of the disputing Party for the amount of the disputed charges along with any late payment charges assessed no later than the second Xxxx Date after the resolution of the dispute. Accordingly, if a Party disputes charges and the dispute is resolved in favor of the other Party, the disputing Party shall pay the other Party the amount of the disputed charges and any associated late payment charges assessed no later than the second xxxx payment due date after the resolution of the dispute. BellSouth shall only assess interest on previously assessed late payment charges in a state where it has authority pursuant to its tariffs.
Appears in 1 contract
Samples: Interconnection Agreement
Billing Disputes. 7.6.4.1 Each 9.2.1 For all services purchased under this Agreement, if the disputing party intends to withhold disputed amounts, the disputing Party agrees must submit the applicable billing dispute (“Billing Dispute”) to notify the billing Party. The Parties shall electronically submit all Billing Disputes to each other utilizing email or other electronic method agreed upon. Comcast shall submit a Billing Dispute to Windstream on the Billing Dispute Form contained in Appendix A by the due date on the disputed xxxx if the disputed charges are withheld. Windstream shall submit a Billing Dispute to Comcast pursuant to Comcast business rules, as provided to Windstream upon request. For all services purchased under this Agreement, if a particular xxxx is paid in full by the due date of the xxxx, the disputing Party may submit a Billing Dispute to the billing Party, as provided herein, within 12 months of the payment due date of the invoice. The dispute form must be complete, with all relevant fields populated with the required information for the billable element or service in writing upon dispute. If the discovery billing dispute form is not complete with all information, the dispute may be rejected by the billing Party. After receipt of a billing dispute. In the event of a billing completed dispute, the billing Party will review to determine the accuracy of the billing dispute and make a good faith attempt to either accept or reject the dispute within thirty (30) days. If the billing Party determines the dispute is valid, the billing Party will notify the disputing Party and credit the disputing Party’s xxxx by the next xxxx date. If the billing Party determines the billing dispute is not valid, the billing Party will provide information outlining why the dispute is rejected. If the dispute is rejected or there is no response from the billing Party within thirty (30) days of filing the dispute, the disputing
1.1. If escalation of the billing dispute does not occur within the sixty (60) calendar days following the rejection notice, the disputing Party must remit payment for the disputed charge, including late payment charges, to the billing Party by the next xxxx date and these charges are no longer considered disputed charges. Closure of the dispute does not waive the disputing Party’s right to file an additional dispute for prospective billing. The Parties will endeavor to resolve all Billing Disputes within sixty (60) calendar days from receipt of the Billing Dispute.
9.2.1.1 Resolution of the dispute is expected to occur at the first level of management, resulting in a recommendation for settlement of the dispute and closure of a specific billing period. If the issues are not resolved within the allotted time frame, the following resolution procedure will be applicable:
9.2.1.1.1 If the dispute is not resolved within thirty (30) calendar days of receipt of the escalation request, the dispute will be escalated via written notice to the second level of management, or its equivalent, for each of the respective Parties for resolution. If the escalated dispute is not resolved within sixty (60) calendar days of the notification date. escalation request, the dispute will be escalated to the third level of management for each of the respective Parties for resolution.
9.2.1.1.2 If the dispute is not resolved within ninety (90) calendar days of the receipt of the escalation request, the dispute will be escalated to the fourth level of management, or its equivalent, for each of the respective Parties are unable within the 60 day period to reach for resolution, then the aggrieved Party may pursue dispute resolution in accordance with the General Terms and Conditions of this Agreement.
7.6.4.2 For purposes of this Section, a 9.2.1.1.3 Each Party will provide to the other Party an escalation list for resolving billing dispute means a dispute of a specific amount of money actually billed by BellSouthdisputes. The dispute must be clearly explained by escalation list will contain the disputing Party name, title, phone number, fax number and supported by written documentation, which clearly shows the basis email address for disputing chargeseach escalation point identified in this Section 9.2.
1.1. By way of example and not by limitation, a billing dispute will not include the refusal A Party’s failure to pay all or part undisputed amounts by the due date listed on the xxxx, is a material breach of a xxxx or bills when no written documentation this Agreement that shall be governed by the Dispute Resolution provisions.
9.2.1.1.4 If the Billing Dispute is provided not resolved within one hundred twenty (120) calendar days of receipt of the dispute form or, at any time after receipt of the Billing Dispute, if either Party is not operating in good faith to support resolve the dispute, nor shall including responding to the other Party in a billing dispute include the refusal to pay other amounts owed by the billed Party until the dispute is resolved. Claims by the billed Party for damages of any kind will not be considered a billing dispute for purposes of this Section. Once the billing dispute is resolvedtimely manner, the disputing Party will make immediate payment of any of the disputed amount owed to the billing Party or the billing Party shall have the right to pursue normal treatment procedures. Any credits due to Formal Dispute Resolution process, outlined in section 9.4, may be invoked.
9.2.1.2 If the disputing Party, pursuant to the billing dispute, will be applied to the disputing Party's account by the billing Party immediately upon resolution of the dispute.
7.6.4.3 If a Party disputes a charge and does not pay such charge by the payment due date, such charges shall be subject to late payment charges as set forth in the Late Payment Charges provision of this Attachmentsubsection 8.3 above. If a the disputing Party disputes charges and the dispute is resolved in favor of such the disputing Party, the other billing Party shall credit the xxxx of the disputing Party for the amount of the disputed charges, along with any late payment charges assessed, by the next billing cycle after the resolution of the dispute. If the disputing Party disputes a charge and has submitted payment by the due date, and the dispute is resolved in favor of the disputing Party, the billing Party shall credit the xxxx of the disputing Party for the amount of the disputed charges along with and any late payment charges assessed no later than the second Xxxx Date after the resolution of the disputeapplicable interest. Accordingly, if a the disputing Party disputes charges and the dispute is resolved in favor of the other billing Party, the disputing Party shall pay the other billing Party the amount of the disputed charges and any associated late payment charges assessed no later than charges, by the second xxxx payment next billing due date after the resolution of the dispute.
9.2.1.3 For purposes of this subsection 9.1.1, a billing dispute shall not include the refusal to pay other amounts owed to a Party pending resolution of the dispute. BellSouth Claims by the disputing Party for damages of any kind will not be considered a Bona Fide Dispute for purposes of this subsection 9.
2.1. Parties failure to pay all undisputed amounts by the due date listed on the xxxx is a material breach of this agreement that shall only assess interest on previously assessed late payment charges in a state where it has authority pursuant to its tariffsbe governed by the Dispute Resolution provisions.
Appears in 1 contract
Samples: Interconnection Agreement
Billing Disputes. 7.6.4.1 2.1 Each Party agrees to notify the other Party in writing upon the discovery of a billing dispute. QuantumShift shall report all billing disputes to BellSouth using the Billing Adjustment Request Form (RF 1461) provided by BellSouth. In the event of a billing dispute, the Parties will endeavor to resolve the dispute within sixty (60) calendar days of the notification date. If the Parties are unable within the 60 day period to reach resolution, then the aggrieved Party may pursue dispute Version R1Q03: 03/04/03 resolution in accordance with the General Terms and Conditions of this Agreement.
7.6.4.2 2.2 For purposes of this SectionSection 2, a billing dispute means a reported dispute of a specific amount of money actually billed by BellSoutheither Party. The dispute must be clearly explained by the disputing Party and supported by written documentation, which clearly shows the basis for disputing charges. By way of example and not by limitation, a A billing dispute will not include the refusal to pay all or part of a xxxx or bills when no written documentation is provided to support the dispute, nor shall a billing dispute include the refusal to pay other amounts owed by the billed Party until the dispute is resolved. Claims by the billed Party for damages of any kind will not be considered a billing dispute for purposes of this Section. Once If the billing dispute is resolvedresolved in favor of the billing Party, the disputing Party will make immediate payment of any of the disputed amount owed to the billing Party or the billing Party shall have the right to pursue normal treatment procedures. Any credits due to the disputing Party, pursuant to the billing dispute, will be applied to the disputing Party's account by the billing Party immediately upon resolution of the dispute.
7.6.4.3 2.2.1.1 If a Party disputes a charge and does not pay such charge by the payment due date, such charges or if a payment or any portion of a payment is received by either Party after the payment due date, or if a payment or any portion of a payment is received in funds which are not immediately available to the other Party, then a late payment charge and interest, where applicable, shall be subject to assessed. For bills rendered by either Party for payment, the late payment charges charge for both Parties shall be calculated based on the portion of the payment not received by the payment due date multiplied by the late factor as set forth in the Late Payment Charges provision following BellSouth tariffs: for services purchased from the General Subscribers Services Tariff for purposes of this Attachment. If a Party disputes charges and the dispute is resolved in favor of such Partyresale, the other Party shall credit the xxxx Section A2 of the disputing Party General Subscriber Services Tariff and for services purchased from the amount Private Line Tariff for purposes of resale, Section B2 of the disputed charges along with any late payment charges assessed no later than the second Xxxx Date after the resolution of the disputePrivate Line Service Tariff. Accordingly, if a Party disputes charges and the dispute is resolved in favor of the other Party, the disputing Party The Parties shall pay the other Party the amount of the disputed charges and any associated late payment charges assessed no later than the second xxxx payment due date after the resolution of the dispute. BellSouth shall only assess interest on previously assessed late payment charges only in a state where it has the authority pursuant to its tariffs.. Version R1Q03: 03/04/03 Attachment 4 Performance Measurements Upon a particular Commission’s issuance of an Order pertaining to Performance Measurements in a proceeding expressly applicable to all CLECs generally, BellSouth shall implement in that state such Performance Measurements as of the date specified by the Commission. Performance Measurements that have been Ordered in a particular state can currently be accessed via the internet at xxxxx://xxxx.xxxxxxxxx.xxx. The following Service Quality Measurements (SQM) plan adopted by the Florida Commission on February 14, 2002, as it presently exists and as it may be modified in the future, is being included as the performance measurements currently in place for the state of Tennessee. At such time that the TRA issues a subsequent Order pertaining to Performance Measurements, such Performance Measurements shall supersede the SQM contained in the Agreement. BellSouth Service Quality Measurement Plan
Appears in 1 contract
Samples: Resale Agreement
Billing Disputes. 7.6.4.1 Each A billing dispute (“Billing Dispute”) is limited to charges contained within one invoice and one invoice only. The disputing Party agrees must submit a billing dispute to notify the other billing Party on the Billing Dispute Form contained in writing upon Appendix A by the discovery due date on the disputed xxxx. The disputing Party will not combine multiple invoices into one Billing Dispute without the prior written consent by the billing Party. The Billing Dispute Form must be complete, with all fields populated with the required information for the billable element in dispute. If the Billing Dispute Form is not complete with all information, the dispute will be rejected by the billing Party. After receipt of a completed dispute, the billing Party will review to determine the accuracy of the billing dispute. In If the event billing Party determines the dispute is valid, the billing Party will credit the disputing Party’s xxxx by the next xxxx date. If the billing Party determines the billing dispute is not valid, the disputing Party may escalate the dispute as outlined in section 9.1.
1.1. If escalation of the billing dispute does not occur within the thirty (30) calendar days as outlined below, the disputing Party must remit payment for the disputed charge, including late payment charges, to the billing Party by the next xxxx date and the billing dispute will be closed and resolved in favor of the billing Party.
9.1.1.1 Resolution of the billing dispute is expected to occur at the first level of management, resulting in a recommendation for settlement of the dispute and closure of a specific billing disputeperiod. If the billing dispute is not resolved within thirty (30) calendar days from receipt of the Billing Dispute Form, the following resolution procedure may be implemented at the request of the disputing Party: DocuSign Envelope ID: 7D95C603-9B13-415A-8896-DE487D77824D
9.1.1.1.1 If the billing dispute is not resolved within thirty (30) calendar days of receipt of the Billing Dispute Form, the billing dispute may be escalated by the disputing Party to the second level of management for each of the respective Parties will endeavor for resolution. If the billing dispute is not resolved within sixty (60) calendar days of receipt of the Billing Dispute Form, the billing dispute may be escalated by the disputing Party to resolve the dispute third level of management for each of the respective Parties for resolution. If escalation by the disputing Party to the next level of management does not occur within sixty (60) calendar days of the notification datereceipt of the Billing Dispute Form, the disputing Party must remit payment for the disputed charge, including late payment charges, to the billing Party by the next xxxx date and the billing dispute will be closed and resolved in favor of the billing Party.
9.1.1.1.2 If the billing dispute is not resolved within ninety (90) calendar days of the receipt of the Billing Dispute Form, the billing dispute may be escalated by the disputing Party to the fourth level of management for each of the respective Parties for resolution. If escalation by the Parties are unable disputing Party to the next level of management does not occur within ninety (90) calendar days of the 60 day period receipt of the Billing Dispute Form, the disputing Party must remit payment for the disputed charge, including late payment charges, to reach resolutionthe billing Party by the next xxxx date and the billing dispute will be closed and resolved in favor of the billing Party.
9.1.1.1.3 Each Party will provide to the other Party an escalation list for resolving a billing dispute. The escalation list will contain the name, then title, phone number, fax number and email address for each escalation point identified in this section 9.
1.1.1. A Party’s failure to pay all undisputed amounts by the aggrieved Party may pursue dispute resolution in accordance with due date listed on the General Terms and Conditions xxxx is a material breach of this Agreement.
7.6.4.2 For purposes of this Section, a billing dispute means a dispute of a specific amount of money actually billed by BellSouth. The dispute must be clearly explained by the disputing Party and supported by written documentation, which clearly shows the basis for disputing charges. By way of example and not by limitation, a billing dispute will not include the refusal to pay all or part of a xxxx or bills when no written documentation is provided to support the dispute, nor shall a billing dispute include the refusal to pay other amounts owed by the billed Party until the dispute is resolved. Claims by the billed Party for damages of any kind will not be considered a billing dispute for purposes of this Section. Once 9.1.1.1.4 If the billing dispute is resolvednot resolved within one hundred twenty (120) days of receipt of the Billing Dispute Form the Formal Dispute Resolution process, outlined in section 9.4, may be invoked. To invoke Formal Dispute Resolution per section 9.4, for a billing dispute, the disputing Party will make immediate payment of any of the disputed amount owed to the billing Party or the billing Party shall have the right to pursue normal treatment procedures. Any credits due to the disputing Party, pursuant to the billing dispute, will be applied to the disputing Party's account by the billing Party immediately upon resolution of the dispute.
7.6.4.3 If a Party disputes a charge and does not pay such charge by the payment due date, such charges shall be subject to late payment charges as set forth in the Late Payment Charges provision of this Attachment. If a Party disputes charges and must escalate the dispute is resolved through the fourth level escalation as defined in favor of such Party, the other Party shall credit the xxxx of the disputing Party for the amount of the disputed charges along with any late payment charges assessed no later than the second Xxxx Date after the resolution of the dispute. Accordingly, if a Party disputes charges and the dispute is resolved in favor of the other Party, the disputing Party shall pay the other Party the amount of the disputed charges and any associated late payment charges assessed no later than the second xxxx payment due date after the resolution of the dispute. BellSouth shall only assess interest on previously assessed late payment charges in a state where it has authority pursuant to its tariffssection 9.1.1.1 through 9.
Appears in 1 contract
Samples: Interconnection Agreement
Billing Disputes. 7.6.4.1 2.1 Each Party agrees to notify the other Party in writing upon the discovery of a billing dispute. Xxxxxx Xxxxxx dba CAL-TEC COMMUNICATIONS shall report all billing disputes to BellSouth using the Billing Adjustment Request Form (RF 1461) provided by BellSouth. In the event of a billing dispute, the Parties will endeavor to resolve the dispute within sixty (60) calendar days of the notification date. If the Parties are unable within the 60 day period to reach resolution, then the aggrieved Party may pursue dispute resolution in accordance with the General Terms and Conditions of this Agreement.
7.6.4.2 2.2 For purposes of this SectionSection 2, a billing dispute means a reported dispute of a specific amount of money actually billed by BellSoutheither Party. The dispute must be clearly explained by the disputing Party and supported by written documentation, which clearly shows the basis for disputing charges. By way of example and not by limitation, a billing dispute will not include the refusal to pay all or part of a xxxx or bills when no written documentation is provided to support the dispute, nor shall a billing dispute include the refusal to pay other amounts owed by the billed Party until the dispute is resolved. Claims by the billed Party for damages of any kind will not be considered a billing dispute for purposes of this Section. Once If the billing dispute is resolvedresolved in favor of the billing Party, the disputing Party will make immediate payment of any of the disputed amount owed to the billing Party or the billing Party shall have the right to pursue normal treatment procedures. Any credits due to the disputing Party, pursuant to the billing dispute, will be applied to the disputing Party's account by the billing Party immediately upon resolution of the dispute.
7.6.4.3 2.3 If a Party disputes a charge and does not pay such charge by the payment due date, such charges or if a payment or any portion of a payment is received by either Party after the payment due date, or if a payment or any portion of a payment is received in funds which are not immediately available to the other Party, then a late payment charge and interest, where applicable, shall be subject to assessed. For bills rendered by either Party for payment, the late payment charges charge for both Parties shall be calculated based on the portion of the payment not received by the payment due date multiplied by the late factor as set forth in the Late Payment Charges provision following BellSouth tariffs: for services purchased from the General Subscribers Services Tariff for purposes of this Attachment. If a Party disputes charges resale and the dispute is resolved in favor of such Partyfor ports and non-designed loops, the other Party shall credit the xxxx Section A2 of the disputing Party General Subscriber Services Tariff and for services purchased from the amount Private Line Tariff for purposes of resale, Section B2 of the disputed charges along with any late payment charges assessed no later than the second Xxxx Date after the resolution of the disputePrivate Line Service Tariff. Accordingly, if a Party disputes charges and the dispute is resolved in favor of the other Party, the disputing Party The Parties shall pay the other Party the amount of the disputed charges and any associated late payment charges assessed no later than the second xxxx payment due date after the resolution of the dispute. BellSouth shall only assess interest on previously assessed late payment charges only in a state where it has the authority pursuant to its tariffs.. Version R3Q01: 12/01/01 Version R4Q01: 12/01/01 Upon a particular Commission’s issuance of an Order pertaining to Performance Measurements in a proceeding expressly applicable to all CLECs generally, BellSouth shall implement in that state such Performance Measurements as of the date specified by the Commission. Version R4Q01: 12/01/01 Attachment 5 BellSouth Disaster Recovery Plan
Appears in 1 contract
Samples: Clec Agreement