CHARGES, BILLING AND PAYMENT. 7.1. In consideration of the services provided by CenturyLink under this Agreement, CLEC shall pay the charges set forth in Part C subject to the provisions of Section 4 hereof and subject to the dispute provisions provided herein. CenturyLink may limit or modify the form(s) of payment that will be accepted from time to time, and shall not be obligated to accept card payments (e.g.: credit/debit/ATM cards) or any form of payment that reduces the net amount received by CenturyLink. Additional billing procedures for charges incurred by CLEC hereunder are set forth in Part J. 7.2. Subject to the terms of this Agreement, the Parties shall pay invoices within thirty (30) Days from the xxxx date shown on the invoice. 7.2.1. For invoices not paid when due, late payment charges will be assessed under Section 7.4. 7.2.2. If the payment due date is a Saturday, Sunday or a designated bank holiday, payment shall be made the next business day. 7.2.3. If an invoice is not paid within forty-five (45) Days after the xxxx date, CenturyLink may suspend processing new orders and cancel any pending orders. 7.2.4. If the account remains delinquent sixty (60) Days after the xxxx date, CenturyLink will terminate all services under this Agreement. 7.3. If the CLEC disputes any charges shown on an invoice, the following billing dispute procedures are the exclusive means for challenging such charges, and the failure by CLEC to follow such procedures will result in the suspension or termination of service for non-payment of invoiced amounts: 7.3.1. Any billing dispute must be submitted in writing, itemizing the particular charges that CLEC is challenging, and explaining in reasonable detail the specific grounds for disputing the validity or applicability of such charges. 7.3.2. Billing disputes must be submitted to the National Dispute Center on the billing dispute form designated by CenturyLink. The billing dispute form may be accompanied by any additional, relevant materials submitted by CLEC. 7.3.3. The payment due date of an invoice shall be suspended with respect to disputed amounts on such invoice, but only if a written, itemized dispute has been filed in compliance with Section 7.3 within thirty (30) Days of the xxxx date. Such payment due date for the disputed amounts shall remain suspended during negotiations between the Parties or pending a determination by the Commission under the dispute resolution provisions of Section 25. 7.3.4. Billing disputes that are submitted in a timely manner in compliance with Section 7.3 shall not have the effect of suspending the payment due date with respect to billed amounts that are not in dispute, notwithstanding the existence of a dispute with respect to other amounts billed on the same invoice. 7.3.5. The failure to submit a written dispute in compliance with Section 7.3 within thirty (30) Days of a xxxx date shall not preclude a Party from thereafter submitting a dispute or seeking a billing adjustment for any charges which have been paid, but any billing dispute which is not submitted within thirty (30) Days of a xxxx date or which is not submitted in writing in compliance with Section 7.3 shall not be effective to suspend the payment due date for the disputed amount or to prevent late charges and possible suspension or termination of service for non-payment of billed amounts in accordance with Section 7.2. Payment of billed amounts that are subsequently disputed or which become the subject of a request for adjustment shall not constitute or be deemed to represent a waiver of a Party’s right to submit a dispute or seek an adjustment of such Party’s account with respect to such paid amounts, and the paying Party shall not be required to designate any such payment as “conditional” or “under protest” in order to submit a dispute or seek a subsequent adjustment with respect to amounts which have previously been paid. A dispute which is filed more than thirty (30) Days after a xxxx date or a request for an account adjustment must be submitted in writing in the same manner as provided for in
Appears in 4 contracts
Samples: Interconnection, Collocation and Resale Agreement, Interconnection, Collocation and Resale Agreement, Interconnection, Collocation and Resale Agreement
CHARGES, BILLING AND PAYMENT. 7.1. In consideration of the services provided by CenturyLink Embarq under this Agreement, CLEC shall pay the charges set forth in Part C applicable Embarq Tariff(s), as discounted by the percentages provided in Table One, and subject to the provisions of Section 4 hereof §§4.2 and subject to the dispute provisions provided herein. CenturyLink may limit or modify the form(s) of payment that will be accepted from time to time, and shall not be obligated to accept card payments (e.g.: credit/debit/ATM cards) or any form of payment that reduces the net amount received by CenturyLink. Additional billing procedures for charges incurred by CLEC hereunder are set forth in Part J.4.3 hereof.
7.2. Subject to the terms of this Agreement, the Parties shall pay invoices within thirty (30) Days from by the xxxx due date shown on the invoice.
7.2.1. For invoices not paid when due, late payment charges will be assessed under Section §7.4.
7.2.2. If the payment due date is a Saturday, Sunday or a designated bank holiday, payment shall be made the next business dayBusiness Day.
7.2.3. If an invoice is not paid within forty-five (45) Days after the xxxx date, CenturyLink Embarq may suspend processing new orders and cancel any pending orders.
7.2.4. If the account remains delinquent sixty (60) Days after the xxxx date, CenturyLink Embarq will terminate all services under this Agreement.
7.3. If the CLEC disputes any charges shown on an invoice, the following billing dispute procedures are the exclusive means for challenging such charges, and the failure by CLEC to follow such procedures will result in the suspension or termination of service for non-payment of invoiced amounts:
7.3.1. Any billing dispute must be submitted in writing, itemizing the particular charges that CLEC is challenging, and explaining in reasonable detail the specific grounds for disputing the validity or applicability of such charges.
7.3.2. Billing disputes must be submitted to the National Dispute Center on the billing dispute form designated by CenturyLinkEmbarq, along with any payment for undisputed charges that are shown on such invoice. The billing dispute form may be accompanied by any additional, relevant materials submitted by CLEC.
7.3.3. The payment due date of an invoice shall be suspended with respect to disputed amounts on such invoice, but only if a written, itemized dispute has been filed in compliance with Section §7.3 within thirty (30) Days of the xxxx date. Such payment due date for the disputed amounts shall remain suspended during negotiations between the Parties or pending a determination by the Commission under the dispute resolution provisions of Section 25§24.
7.3.4. Billing disputes that are submitted in a timely manner in compliance with Section §7.3 shall not have the effect of suspending the payment due date with respect to billed amounts that are not in dispute, notwithstanding the existence of a dispute with respect to other amounts billed on the same invoice.
7.3.5. The failure to submit a written dispute in compliance with Section 7.3 within thirty (30) Days of a xxxx date shall not preclude a Party from thereafter submitting a dispute or seeking a billing adjustment for any charges which have been paid, but any Any billing dispute which that is not submitted within thirty (30) Days of in a xxxx date timely manner or which is not submitted in writing in compliance with Section §7.3 shall not be effective to suspend the payment due date for the disputed amount or to prevent late charges and possible suspension or termination of service for non-payment of billed amounts amount in accordance with Section 7.2§7.2Error! Reference source not found..
7.3.6. The failure to submit a written dispute in compliance with §7.3 within thirty (30) Days of a xxxx date shall not preclude CLEC from thereafter submitting a dispute or seeking a billing adjustment for any charges. Payment of billed amounts that are subsequently disputed or which become the subject of a request for to adjustment shall not constitute or be deemed to represent a waiver of a Party’s right to submit a dispute or seek an adjustment of any such Party’s account with respect to such paid amountsdispute, and the paying Party CLEC shall not be required to designate any such payment as “conditional” or “under protest” in order to submit a invoke the dispute or seek a subsequent adjustment resolution provisions of §24 with respect to amounts which have previously been paidsuch amounts.
7.4. A dispute Late payment charges on invoices not paid when due (or any portion thereof which is not subject to a timely filed more than thirty dispute) will be assessed until the amount due is paid in full, and shall be calculated using a rate equal to the lesser of the following:
7.4.1. the total amount due times the highest rate (30in decimal value) Days after which may be levied by law for commercial transactions, compounded daily for the number of days from the payment due date to and including the date the customer actually makes the payment to Embarq, or
7.4.2. the total amount due multiplied by a xxxx factor of 0.000329 times the number of days which occurred between the payment due date or and (including) the date CLEC actually makes the payment to Embarq.
7.5. Embarq reserves the right to secure the account with a request for an account adjustment must be submitted suitable form of security deposit in writing in the same manner as provided for inaccordance with §33.1.
Appears in 3 contracts
Samples: Master Resale Agreement, Master Resale Agreement, Master Resale Agreement
CHARGES, BILLING AND PAYMENT. 7.1. In consideration of the services provided by CenturyLink Embarq under this Agreement, CLEC shall pay the charges set forth in Part C subject to the provisions of Section 4 hereof and subject to the dispute provisions provided herein. CenturyLink may limit or modify the form(s) of payment that will be accepted from time to time, and shall not be obligated to accept card payments (e.g.: credit/debit/ATM cards) or any form of payment that reduces the net amount received by CenturyLink. Additional billing procedures for charges incurred by CLEC hereunder are set forth in Part J.
7.2. Subject to the terms of this Agreement, the Parties shall pay invoices within thirty (30) Days from the xxxx date shown on the invoice.
7.2.1. For invoices not paid when due, late payment charges will be assessed under Section 7.4.
7.2.2. If the payment due date is a Saturday, Sunday or a designated bank holiday, payment shall be made the next business day.
7.2.3. If an invoice is not paid within forty-five (45) Days after the xxxx date, CenturyLink Embarq may suspend processing new orders and cancel any pending orders.
7.2.4. If the account remains delinquent sixty (60) Days after the xxxx date, CenturyLink Embarq will terminate all services under this Agreement.
7.3. If the CLEC disputes any charges shown on an invoice, the following billing dispute procedures are the exclusive means for challenging such charges, and the failure by CLEC to follow such procedures will result in the suspension or termination of service for non-payment of invoiced amounts:
7.3.1. Any billing dispute must be submitted in writing, itemizing the particular charges that CLEC is challenging, and explaining in reasonable detail the specific grounds for disputing the validity or applicability of such charges.
7.3.2. Billing disputes must be submitted to the National Dispute Center on the billing dispute form designated by CenturyLinkEmbarq, along with any payment for undisputed charges that are shown on such invoice. The billing dispute form may be accompanied by any additional, relevant materials submitted by CLEC.
7.3.3. The payment due date of an invoice shall be suspended with respect to disputed amounts on such invoice, but only if a written, itemized dispute has been filed in compliance with Section 7.3 within thirty (30) Days of the xxxx date. Such payment due date for the disputed amounts shall remain suspended during negotiations between the Parties or pending a determination by the Commission under the dispute resolution provisions of Section 25.
7.3.4. Billing disputes that are submitted in a timely manner in compliance with Section 7.3 shall not have the effect of suspending the payment due date with respect to billed amounts that are not in dispute, notwithstanding the existence of a dispute with respect to other amounts billed on the same invoice.
7.3.5. The failure to submit a written dispute in compliance with Section 7.3 within thirty (30) Days of a xxxx date shall not preclude a Party from thereafter submitting a dispute or seeking a billing adjustment for any charges which have been paid, but any billing dispute which is not submitted within thirty (30) Days of a xxxx date or which is not submitted in writing in compliance with Section 7.3 shall not be effective to suspend the payment due date for the disputed amount or to prevent late charges and possible suspension or termination of service for non-payment of billed amounts in accordance with Section 7.2. Payment of billed amounts that are subsequently disputed or which become the subject of a request for adjustment shall not constitute or be deemed to represent a waiver of a Party’s right to submit a dispute or seek an adjustment of such Party’s account with respect to such paid amounts, and the paying Party shall not be required to designate any such payment as “conditional” or “under protest” in order to submit a dispute or seek a subsequent adjustment with respect to amounts which have previously been paid. A dispute which is filed more than thirty (30) Days after a xxxx date or a request for an account adjustment must be submitted in writing in the same manner as provided for inin Section 7.3 with respect to disputes, and such requests shall be subject to the Dispute Resolution provisions of this Agreement.
7.4. Late payment charges on invoices not paid when due (or any portion thereof which is not subject to a timely filed dispute) will be assessed until the amount due is paid in full, and shall be calculated using a rate equal to the lesser of the following:
7.4.1. the total amount due times the highest rate (in decimal value) which may be levied by law for commercial transactions, compounded daily for the number of days from the payment due date to and including the date the customer actually makes the payment to Embarq, or
7.4.2. the total amount due multiplied by a factor of 0.000329 times the number of days which occurred between the payment due date and (including) the date CLEC actually makes the payment to Embarq.
7.5. Embarq shall credit CLEC for incorrect Connectivity Billing charges including without limitation: overcharges, services ordered or requested but not delivered, interrupted services, services of poor quality and installation problems if caused by Embarq. Such reimbursements shall be set forth in the appropriate section of the Connectivity Xxxx pursuant to CABS, or SECAB standards.
7.6. Embarq will xxxx XXXX for message provisioning and, if applicable, data tape charges related to exchange access records. Embarq will xxxx XXXX for the records at the rates on Table One. If CLEC requests additional copies of the monthly invoice, Embarq may also xxxx XXXX for the additional copies.
7.7. Embarq shall comply with various industry, OBF, and other standards referred to throughout this Agreement. Embarq will review any changes to industry standards, and implement the changes within the industry-defined window. Embarq will notify CLEC of any deviations to the standards.
7.8. Where Parties have established interconnection, Embarq and the CLEC agree to conform to MECAB and MECOD guidelines. They will exchange Billing Account Reference and Xxxx Account Cross Reference information and will coordinate Initial Billing Company/Subsequent Billing Company billing cycles. Embarq will provide CLEC the appropriate records to xxxx exchange access charges to the IXC. Embarq will capture EMI records for inward terminating calls and send them to CLEC, as appropriate, in a daily or other agreed upon interval, via and agreed upon media (e.
Appears in 3 contracts
Samples: Interconnection, Collocation and Resale Agreement, Interconnection, Collocation and Resale Agreement, Interconnection, Collocation and Resale Agreement
CHARGES, BILLING AND PAYMENT. 7.1. In consideration of the services provided by CenturyLink Embarq under this Agreement, CLEC shall pay the charges set forth in Part C subject to the provisions of Section 4 hereof and subject to the dispute provisions provided herein. CenturyLink Embarq may limit or modify the form(s) of payment that will be accepted from time to time, and shall not be obligated to accept card payments (e.g.: , credit/debit/ATM cards) or any form of payment that reduces the net amount received by CenturyLinkEmbarq. Additional billing procedures for charges incurred by CLEC hereunder are set forth in Part J.
7.2. Subject to the terms of this Agreement, the Parties shall pay invoices within thirty (30) Days from the xxxx date shown on the invoice.
7.2.1. For invoices not paid when due, late payment charges will be assessed under Section 7.4.
7.2.2. If the payment due date is a Saturday, Sunday or a designated bank holiday, payment shall be made the next business day.
7.2.3. If an invoice is not paid within forty-five (45) Days after the xxxx date, CenturyLink Embarq may suspend processing new orders and cancel any pending orders.
7.2.4. If the account remains delinquent sixty (60) Days after the xxxx date, CenturyLink Embarq will terminate all services under this Agreement.
7.3. If the CLEC disputes any charges shown on an invoice, the following billing dispute procedures are the exclusive means for challenging such charges, and the failure by CLEC to follow such procedures will result in the suspension or termination of service for non-payment of invoiced amounts:
7.3.1. Any billing dispute must be submitted in writing, itemizing the particular charges that CLEC is challenging, and explaining in reasonable detail the specific grounds for disputing the validity or applicability of such charges.
7.3.2. Billing disputes must be submitted to the National Dispute Center on the billing dispute form designated by CenturyLinkEmbarq. The billing dispute form may be accompanied by any additional, relevant materials submitted by CLEC.
7.3.3. The payment due date of an invoice shall be suspended with respect to disputed amounts on such invoice, but only if a written, itemized dispute has been filed in compliance with Section 7.3 within thirty (30) Days of the xxxx date. Such payment due date for the disputed amounts shall remain suspended during negotiations between the Parties or pending a determination by the Commission under the dispute resolution provisions of Section 25.
7.3.4. Billing disputes that are submitted in a timely manner in compliance with Section 7.3 shall not have the effect of suspending the payment due date with respect to billed amounts that are not in dispute, notwithstanding the existence of a dispute with respect to other amounts billed on the same invoice.
7.3.5. The failure to submit a written dispute in compliance with Section 7.3 within thirty (30) Days of a xxxx date shall not preclude a Party from thereafter submitting a dispute or seeking a billing adjustment for any charges which have been paid, but any billing dispute which is not submitted within thirty (30) Days of a xxxx date or which is not submitted in writing in compliance with Section 7.3 shall not be effective to suspend the payment due date for the disputed amount or to prevent late charges and possible suspension or termination of service for non-payment of billed amounts in accordance with Section 7.2. Payment of billed amounts that are subsequently disputed or which become the subject of a request for adjustment shall not constitute or be deemed to represent a waiver of a Party’s right to submit a dispute or seek an adjustment of such Party’s account with respect to such paid amounts, and the paying Party shall not be required to designate any such payment as “conditional” or “under protest” in order to submit a dispute or seek a subsequent adjustment with respect to amounts which have previously been paid. A dispute which is filed more than thirty (30) Days after a xxxx date or a request for an account adjustment must be submitted in writing in the same manner as provided for inin Section 7.3 with respect to disputes, and such requests shall be subject to the Dispute Resolution provisions of this Agreement.
7.4. Late payment charges on invoices not paid when due (or any portion thereof which is not subject to a timely filed dispute) will be assessed until the amount due is paid in full, and shall be calculated using a rate equal to the lesser of the following:
7.4.1. the total amount due times the highest rate (in decimal value) which may be levied by law for commercial transactions, compounded daily for the number of days from the payment due date to and including the date CLEC actually makes the payment to Embarq, or
7.4.2. the total amount due multiplied by a factor of 0.000329 times the number of days which occurred between the payment due date and (including) the date CLEC actually makes the payment to Embarq.
7.5. Embarq shall credit CLEC for incorrect Connectivity Billing charges including without limitation: overcharges, services ordered or requested but not delivered, interrupted services, services of poor quality and installation problems if caused by Embarq. Such reimbursements shall be set forth in the appropriate section of the Connectivity Xxxx pursuant to CABS, or SECAB standards.
7.6. Embarq will xxxx XXXX for message provisioning and, if applicable, data tape charges related to exchange access records. Embarq will xxxx XXXX for the records at the rates on Table One. If CLEC requests additional copies of the monthly invoice, Embarq may also xxxx XXXX for the additional copies.
7.7. Embarq shall comply with various industry, OBF, and other standards referred to throughout this Agreement. Embarq will review any changes to industry standards, and implement the changes within the industry-defined window. Embarq will notify CLEC of any deviations to the standards.
7.8. Where Parties have established interconnection, Embarq and the CLEC agree to conform to MECAB and MECOD guidelines. They will exchange Billing Account Reference and Xxxx Account Cross Reference information and will coordinate Initial Billing Company/Subsequent Billing Company billing cycles. Embarq will provide CLEC the appropriate records to xxxx exchange access charges to the IXC. Embarq will capture EMI records for inward terminating calls and send them to CLEC, as appropriate, in a daily or other agreed upon interval, via and agreed upon media (e.
Appears in 2 contracts
Samples: Interconnection, Collocation and Resale Agreement, Interconnection, Collocation and Resale Agreement
CHARGES, BILLING AND PAYMENT. 7.1. In consideration of the services provided by CenturyLink Embarq under this Agreement, CLEC shall pay the charges set forth in Part C applicable Embarq Tariff(s), as discounted by the percentages provided in Table One, and subject to the provisions of Section 4 hereof §§4.2 and subject to the dispute provisions provided herein. CenturyLink may limit or modify the form(s) of payment that will be accepted from time to time, and shall not be obligated to accept card payments (e.g.: credit/debit/ATM cards) or any form of payment that reduces the net amount received by CenturyLink. Additional billing procedures for charges incurred by CLEC hereunder are set forth in Part J.4.3 hereof.
7.2. Subject to the terms of this Agreement, the Parties shall pay invoices within thirty (30) Days from by the xxxx due date shown on the invoice.
7.2.1. For invoices not paid when due, late payment charges will be assessed under Section §7.4.
7.2.2. If the payment due date is a Saturday, Sunday or a designated bank holiday, payment shall be made the next business dayBusiness Day.
7.2.3. If an invoice is not paid within forty-five (45) Days after the xxxx date, CenturyLink Embarq may suspend processing new orders and cancel any pending orders.
7.2.4. If the account remains delinquent sixty (60) Days after the xxxx date, CenturyLink Embarq will terminate all services under this Agreement.
7.3. If the CLEC disputes any charges shown on an invoice, the following billing dispute procedures are the exclusive means for challenging such charges, and the failure by CLEC to follow such procedures will result in the suspension or termination of service for non-payment of invoiced amounts:
7.3.1. Any billing dispute must be submitted in writing, itemizing the particular charges that CLEC is challenging, and explaining in reasonable detail the specific grounds for disputing the validity or applicability of such charges.
7.3.2. Billing disputes must be submitted to the National Dispute Center on the billing dispute form designated by CenturyLinkEmbarq, along with any payment for undisputed charges that are shown on such invoice. The billing dispute form may be accompanied by any additional, relevant materials submitted by CLEC.
7.3.3. The payment due date of an invoice shall be suspended with respect to disputed amounts on such invoice, but only if a written, itemized dispute has been filed in compliance with Section §7.3 within thirty (30) Days of the xxxx date. Such payment due date for the disputed amounts shall remain suspended during negotiations between the Parties or pending a determination by the Commission under the dispute resolution provisions of Section 25§24.
7.3.4. Billing disputes that are submitted in a timely manner in compliance with Section §7.3 shall not have the effect of suspending the payment due date with respect to billed amounts that are not in dispute, notwithstanding the existence of a dispute with respect to other amounts billed on the same invoice.
7.3.5. The failure to submit a written dispute in compliance with Section 7.3 within thirty (30) Days of a xxxx date shall not preclude a Party from thereafter submitting a dispute or seeking a billing adjustment for any charges which have been paid, but any Any billing dispute which that is not submitted within thirty (30) Days of in a xxxx date timely manner or which is not submitted in writing in compliance with Section §7.3 shall not be effective to suspend the payment due date for the disputed amount or to prevent late charges and possible suspension or termination of service for non-payment of billed amounts amount in accordance with Section §7.2.
7.3.6. The failure to submit a written dispute in compliance with §7.3 within thirty (30) Days of a xxxx date shall not preclude CLEC from thereafter submitting a dispute or seeking a billing adjustment for any charges. Payment of billed amounts that are subsequently disputed or which become the subject of a request for to adjustment shall not constitute or be deemed to represent a waiver of a Party’s right to submit a dispute or seek an adjustment of any such Party’s account with respect to such paid amountsdispute, and the paying Party CLEC shall not be required to designate any such payment as “conditional” or “under protest” in order to submit a invoke the dispute or seek a subsequent adjustment resolution provisions of §24 with respect to amounts which have previously been paidsuch amounts.
7.4. A dispute Late payment charges on invoices not paid when due (or any portion thereof which is not subject to a timely filed more than thirty dispute) will be assessed until the amount due is paid in full, and shall be calculated using a rate equal to the lesser of the following:
7.4.1. the total amount due times the highest rate (30in decimal value) Days after which may be levied by law for commercial transactions, compounded daily for the number of days from the payment due date to and including the date the customer actually makes the payment to Embarq, or
7.4.2. the total amount due multiplied by a xxxx factor of 0.000329 times the number of days which occurred between the payment due date or and (including) the date CLEC actually makes the payment to Embarq.
7.5. Embarq reserves the right to secure the account with a request for an account adjustment must be submitted suitable form of security deposit in writing in the same manner as provided for inaccordance with §33.1.
Appears in 2 contracts
CHARGES, BILLING AND PAYMENT. 7.1. In consideration of the services provided by CenturyLink Embarq under this Agreement, CLEC shall pay the charges set forth in Part C subject to the provisions of Section 4 hereof and subject to the dispute provisions provided herein. CenturyLink may limit or modify the form(s) of payment that will be accepted from time to time, and shall not be obligated to accept card payments (e.g.: credit/debit/ATM cards) or any form of payment that reduces the net amount received by CenturyLink. Additional billing procedures for charges incurred by CLEC hereunder are set forth in Part J.
7.2. Subject to the terms of this Agreement, the Parties shall pay invoices within thirty (30) Days from the xxxx date shown on the invoice.
7.2.1. For invoices not paid when due, late payment charges will be assessed under Section 7.4.
7.2.2. If the payment due date is a Saturday, Sunday or a designated bank holiday, payment shall be made the next business day.
7.2.3. If an invoice is not paid within forty-five (45) Days after the xxxx date, CenturyLink Embarq may suspend processing new orders and cancel any pending orders.
7.2.4. If the account remains delinquent sixty (60) Days after the xxxx date, CenturyLink Embarq will terminate all services under this Agreement.
7.3. If the CLEC disputes any charges shown on an invoice, the following billing dispute procedures are the exclusive means for challenging such charges, and the failure by CLEC to follow such procedures will result in the suspension or termination of service for non-payment of invoiced amounts:
7.3.1. Any billing dispute must be submitted in writing, itemizing the particular charges that CLEC is challenging, and explaining in reasonable detail the specific grounds for disputing the validity or applicability of such charges.
7.3.2. Billing disputes must be submitted to the National Dispute Center on the billing dispute form designated by CenturyLinkEmbarq, along with any payment for undisputed charges that are shown on such invoice. The billing dispute form may be accompanied by any additional, relevant materials submitted by CLEC.
7.3.3. The payment due date of an invoice shall be suspended with respect to disputed amounts on such invoice, but only if a written, itemized dispute has been filed in compliance with Section 7.3 within thirty (30) Days of the xxxx date. Such payment due date for the disputed amounts shall remain suspended during negotiations between the Parties or pending a determination by the Commission under the dispute resolution provisions of Section 25.
7.3.4. Billing disputes that are submitted in a timely manner in compliance with Section 7.3 shall not have the effect of suspending the payment due date with respect to billed amounts that are not in dispute, notwithstanding the existence of a dispute with respect to other amounts billed on the same invoice.
7.3.5. The failure to submit a written dispute in compliance with Section 7.3 within thirty (30) Days of a xxxx date shall not preclude a Party from thereafter submitting a dispute or seeking a billing adjustment for any charges which have been paid, but any Any billing dispute which that is not submitted within thirty (30) Days of in a xxxx date timely manner or which is not submitted in writing in compliance with Section 7.3 shall not be effective to suspend the payment due date for the disputed amount or to prevent late charges and possible suspension or termination of service for non-payment of billed amounts amount in accordance with Section 7.2.
7.3.6. The failure to submit a written dispute in compliance with Section 7.3 within thirty (30) Days of a xxxx date shall not preclude CLEC from thereafter submitting a dispute or seeking a billing adjustment for any charges. Payment of billed amounts that are subsequently disputed or which become the subject of a request for to adjustment shall not constitute or be deemed to represent a waiver of a Party’s right to submit a dispute or seek an adjustment of any such Party’s account with respect to such paid amountsdispute, and the paying Party CLEC shall not be required to designate any such payment as “conditional” or “under protest” in order to submit a invoke the dispute or seek a subsequent adjustment resolution provisions of Section 25 with respect to amounts which have previously been paidsuch amounts.
7.4. A dispute Late payment charges on invoices not paid when due (or any portion thereof which is not subject to a timely filed more than thirty dispute) will be assessed until the amount due is paid in full, and shall be calculated using a rate equal to the lesser of the following:
7.4.1. the total amount due times the highest rate (30in decimal value) Days after which may be levied by law for commercial transactions, compounded daily for the number of days from the payment due date to and including the date the customer actually makes the payment to Embarq, or
7.4.2. the total amount due multiplied by a xxxx factor of 0.000329 times the number of days which occurred between the payment due date and (including) the date CLEC actually makes the payment to Embarq.
7.5. Embarq shall credit CLEC for incorrect Connectivity Billing charges including without limitation: overcharges, services ordered or a request for an account adjustment must requested but not delivered, interrupted services, services of poor quality and installation problems if caused by Embarq. Such reimbursements shall be submitted in writing set forth in the same manner appropriate section of the Connectivity Xxxx pursuant to CABS, or SECAB standards.
7.6. Embarq will xxxx XXXX for message provisioning and, if applicable, data tape charges related to exchange access records. Embarq will xxxx XXXX for the records at the rates on Table One. If CLEC requests additional copies of the monthly invoice, Embarq may also xxxx XXXX for the additional copies.
7.7. Embarq shall comply with various industry, OBF, and other standards referred to throughout this Agreement. Embarq will review any changes to industry standards, and implement the changes within the industry-defined window. Embarq will notify CLEC of any deviations to the standards.
7.8. Where Parties have established interconnection, Embarq and the CLEC agree to conform to MECAB and MECOD guidelines. They will exchange Billing Account Reference and Xxxx Account Cross Reference information and will coordinate Initial Billing Company/Subsequent Billing Company billing cycles. Embarq will provide CLEC the appropriate records to xxxx exchange access charges to the IXC. Embarq will capture EMI records for inward terminating calls and send them to CLEC, as provided for inappropriate, in a daily or other agreed upon interval, via and agreed upon media (e.
Appears in 2 contracts
Samples: Interconnection, Collocation and Resale Agreement, Interconnection, Collocation and Resale Agreement
CHARGES, BILLING AND PAYMENT. 7.1. In consideration of the services provided by CenturyLink under this Agreement, CLEC shall pay the charges set forth in Part C subject to the provisions of Section 4 hereof and subject to the dispute provisions provided herein. CenturyLink may limit or modify the form(s) of payment that will be accepted from time to time, and shall not be obligated to accept card payments (e.g.: credit/debit/ATM cards) or any form of payment that reduces the net amount received by CenturyLink. Additional billing procedures for charges incurred by CLEC hereunder are set forth in Part J.
7.2. Subject to the terms of this Agreement, the Parties shall pay invoices within thirty (30) Days from the xxxx date shown on the invoice.
7.2.1. For invoices not paid when due, late payment charges will be assessed under Section 7.4.
7.2.2. If the payment due date is a Saturday, Sunday or a designated bank holiday, payment shall be made the next business day.
7.2.3. If an invoice is not paid within forty-five (45) Days after the xxxx datedate stated on the invoice, CenturyLink may suspend processing new orders and cancel any pending orders, subject to Section 7.2.5 below.
7.2.4. If the account remains delinquent sixty (60) Days after the xxxx datedate stated on the invoice, CenturyLink will terminate all services under this Agreement, subject to Section 7.2.5 below.
7.2.5. If an invoice is not rendered within 3 days of the xxxx date stated on the invoice, then the time periods stated in Sections 7.2.1, 7.2.3 and 7.2.4 for assessing late payment charges, suspending orders or terminating service for non-payment shall be extended by one day for each day beyond such third day that elapses until the invoice has actually been rendered.
7.3. If the CLEC disputes any charges shown on an invoice, the following billing dispute procedures are provide the exclusive means for challenging such charges, and the any material failure by CLEC to follow such procedures will may result in the suspension or termination of service for non-payment of invoiced amounts:
7.3.1. Any billing dispute must be submitted in writing, itemizing the particular charges that CLEC is challenging, and explaining in reasonable detail the specific grounds for disputing the validity or applicability of such charges.
7.3.2. Billing disputes must be submitted to the National Dispute Center on the billing dispute form designated by CenturyLink, along with any payment for undisputed charges that are shown on such invoice. The billing dispute form may be accompanied by any additional, relevant materials submitted by CLEC.
7.3.3. The payment due date of an invoice shall be suspended with respect to disputed amounts on such invoice, but only if a written, itemized dispute has been filed in compliance with Section 7.3 within thirty (30) Days of the xxxx dateXxxx Date. Such payment due date for the disputed amounts shall remain suspended during negotiations between the Parties or pending a determination by the Commission under the dispute resolution provisions of Section 25.
7.3.4. Billing disputes that are submitted in a timely manner in compliance with Section 7.3 shall not have the effect of suspending the payment due date with respect to billed amounts that are not in dispute, notwithstanding the existence of a dispute with respect to other amounts billed on the same invoice.
7.3.5. The failure to submit a written dispute in compliance with Section 7.3 within thirty (30) Days of a xxxx date Xxxx Date shall not preclude a Party from thereafter submitting a dispute or seeking a billing adjustment for any charges which have been paid, but any billing dispute which is not submitted within thirty (30) Days of a xxxx date Xxxx Date or which is not submitted in writing in compliance with Section 7.3 shall not be effective to suspend the payment due date for the disputed amount or to prevent late charges and possible suspension or termination of service for non-payment of billed amounts in accordance with Section 7.2. Payment of billed amounts that are subsequently disputed or which become the subject of a request for adjustment shall not constitute or be deemed to represent a waiver of a Party’s right to submit a dispute or seek an adjustment of such Party’s account with respect to such paid amounts, and the paying Party shall not be required to designate any such payment as “conditional” or “under protest” in order to submit a dispute or seek a subsequent adjustment with respect to amounts which have previously been paid. A dispute which is filed more than thirty (30) Days after a xxxx date Xxxx Date or a request for an account adjustment must be submitted in writing in the same manner as provided for inin Section 7.3 with respect to disputes, and such requests shall be subject to the Dispute Resolution provisions of this Agreement. Notwithstanding the foregoing, neither Party shall xxxx the other Party for charges for service incurred under this Agreement more than twelve (12) months after the service is provided to the billed Party, nor shall either Party submit billing disputes or requests for billing adjustments for services provided under this Agreement more than twelve (12) months after receipt of the invoice to which such disputes or adjustments would pertain.
7.4. Late payment charges on invoices not paid when due (or any portion thereof which is not subject to a timely filed dispute) will be assessed until the amount due is paid in full, and shall be calculated using a rate equal to the lesser of the following:
7.4.1. the total amount due times the highest rate (in decimal value) which may be levied by law for commercial transactions, compounded daily for the number of days from the payment due date to and including the date the CLEC actually makes the payment to CenturyLink, or
7.4.2. the total amount due multiplied by a factor of 0.000329 times the number of days which occurred between the payment due date and (including) the date CLEC actually makes the payment to CenturyLink.
7.5. CenturyLink shall credit CLEC for incorrect Connectivity Billing charges including without limitation: overcharges, services ordered or requested but not delivered, interrupted services, services of poor quality and installation problems if caused by CenturyLink. Such reimbursements shall be set forth in the appropriate section of the Connectivity Xxxx pursuant to CABS or SECAB standards.
7.6. CenturyLink will xxxx XXXX for message provisioning and, if applicable, data tape charges related to exchange access records. CenturyLink will xxxx XXXX for the records at the rates on Table One. If CLEC requests additional copies of the monthly invoice, CenturyLink may also xxxx XXXX for the additional copies.
7.7. CenturyLink shall comply with various industry, OBF, and other standards referred to throughout this Agreement. CenturyLink will review any changes to industry standards, and implement the changes within the industry-defined window. CenturyLink will notify CLEC of any deviations to the standards.
7.8. Where Parties have established interconnection, CenturyLink and the CLEC agree to conform to MECAB and MECOD guidelines. They will exchange Billing Account Reference and Xxxx Account Cross Reference information and will coordinate Initial Billing Company/Subsequent Billing Company billing cycles. CenturyLink will provide CLEC the appropriate records to xxxx exchange access charges to the IXC. CenturyLink will capture EMI records for inward terminating calls and send them to CLEC, as appropriate, in a daily or other agreed upon interval, via an agreed upon media (e.
Appears in 2 contracts
Samples: Interconnection Agreement, Interconnection Agreement
CHARGES, BILLING AND PAYMENT. 7.1. In consideration of the services provided by CenturyLink under this Agreement, CLEC shall pay the charges set forth in Part C applicable CenturyLink Tariff(s), as discounted by the percentages provided in Table One, and subject to the provisions of Section 4 hereof §§4.2 and subject to the dispute provisions provided herein. CenturyLink may limit or modify the form(s) of payment that will be accepted from time to time, and shall not be obligated to accept card payments (e.g.: credit/debit/ATM cards) or any form of payment that reduces the net amount received by CenturyLink. Additional billing procedures for charges incurred by CLEC hereunder are set forth in Part J.4.3 hereof.
7.2. Subject to the terms of this Agreement, the Parties shall pay invoices within thirty (30) Days from by the xxxx due date shown on the invoice.
7.2.1. For invoices not paid when due, late payment charges will be assessed under Section §7.4.
7.2.2. If the payment due date is a Saturday, Sunday or a designated bank holiday, payment shall be made the next business dayBusiness Day.
7.2.3. If an invoice is not paid within forty-five (45) Days after the xxxx date, CenturyLink may suspend processing new orders and cancel any pending orders.
7.2.4. If the account remains delinquent sixty (60) Days after the xxxx date, CenturyLink will terminate all services under this Agreement.
7.3. If the CLEC disputes any charges shown on an invoice, the following billing dispute procedures are the exclusive means for challenging such charges, and the failure by CLEC to follow such procedures will result in the suspension or termination of service for non-payment of invoiced amounts:
7.3.1. Any billing dispute must be submitted in writing, itemizing the particular charges that CLEC is challenging, and explaining in reasonable detail the specific grounds for disputing the validity or applicability of such charges.
7.3.2. Billing disputes must be submitted to the National Dispute Center on the billing dispute form designated by CenturyLink, along with any payment for undisputed charges that are shown on such invoice. The billing dispute form may be accompanied by any additional, relevant materials submitted by CLEC.
7.3.3. The payment due date of an invoice shall be suspended with respect to disputed amounts on such invoice, but only if a written, itemized dispute has been filed in compliance with Section §7.3 within thirty (30) Days of the xxxx date. Such payment due date for the disputed amounts shall remain suspended during negotiations between the Parties or pending a determination by the Commission under the dispute resolution provisions of Section 25§24.
7.3.4. Billing disputes that are submitted in a timely manner in compliance with Section §7.3 shall not have the effect of suspending the payment due date with respect to billed amounts that are not in dispute, notwithstanding the existence of a dispute with respect to other amounts billed on the same invoice.
7.3.5. The failure to submit a written dispute in compliance with Section 7.3 within thirty (30) Days of a xxxx date shall not preclude a Party from thereafter submitting a dispute or seeking a billing adjustment for any charges which have been paid, but any Any billing dispute which that is not submitted within thirty (30) Days of in a xxxx date timely manner or which is not submitted in writing in compliance with Section §7.3 shall not be effective to suspend the payment due date for the disputed amount or to prevent late charges and possible suspension or termination of service for non-payment of billed amounts amount in accordance with Section 7.2§7.2Error! Reference source not found.Error! Reference source not found..
7.3.6. The failure to submit a written dispute in compliance with §7.3 within thirty (30) Days of a xxxx date shall not preclude CLEC from thereafter submitting a dispute or seeking a billing adjustment for any charges. Payment of billed amounts that are subsequently disputed or which become the subject of a request for to adjustment shall not constitute or be deemed to represent a waiver of a Party’s right to submit a dispute or seek an adjustment of any such Party’s account with respect to such paid amountsdispute, and the paying Party CLEC shall not be required to designate any such payment as “conditional” or “under protest” in order to submit a invoke the dispute or seek a subsequent adjustment resolution provisions of §24 with respect to amounts which have previously been paidsuch amounts.
7.4. A dispute Late payment charges on invoices not paid when due (or any portion thereof which is not subject to a timely filed more than thirty dispute) will be assessed until the amount due is paid in full, and shall be calculated using a rate equal to the lesser of the following:
7.4.1. the total amount due times the highest rate (30in decimal value) Days after which may be levied by law for commercial transactions, compounded daily for the number of days from the payment due date to and including the date the customer actually makes the payment to CenturyLink, or
7.4.2. the total amount due multiplied by a xxxx factor of 0.000329 times the number of days which occurred between the payment due date or and (including) the date CLEC actually makes the payment to CenturyLink.
7.5. CenturyLink reserves the right to secure the account with a request for an account adjustment must be submitted suitable form of security deposit in writing in the same manner as provided for inaccordance with §33.1.
Appears in 2 contracts
CHARGES, BILLING AND PAYMENT. 7.1. In consideration of the services provided by CenturyLink under this Agreement, CLEC shall pay the charges set forth in Part C subject to the provisions of Section 4 hereof and subject to the dispute provisions provided herein. CenturyLink may limit or modify the form(s) of payment that will be accepted from time to time, and shall not be obligated to accept card payments (e.g.: credit/debit/ATM cards) or any form of payment that reduces the net amount received by CenturyLink. Additional billing procedures for charges incurred by CLEC hereunder are set forth in Part J.
7.2. Subject to the terms of this Agreement, the Parties shall pay invoices within thirty (30) Days from the xxxx date shown on the invoice.
7.2.1. For invoices not paid when due, late payment charges will be assessed under Section 7.4.
7.2.2. If the payment due date is a Saturday, Sunday or a designated bank holiday, payment shall be made the next business day.
7.2.3. If an invoice is not paid within forty-five (45) Days after the xxxx date, CenturyLink may suspend processing new orders and cancel any pending orders.
7.2.4. If the account remains delinquent sixty (60) Days after the xxxx date, CenturyLink will terminate all services under this Agreement.
7.3. If the CLEC disputes any charges shown on an invoice, the following billing dispute procedures are the exclusive means for challenging such charges, and the failure by CLEC to follow such procedures will result in the suspension or termination of service for non-payment of invoiced amounts:
7.3.1. Any billing dispute must be submitted in writing, itemizing the particular charges that CLEC is challenging, and explaining in reasonable detail the specific grounds for disputing the validity or applicability of such charges.
7.3.2. Billing disputes must be submitted to the National Dispute Center on the billing dispute form designated by CenturyLink. The billing dispute form may be accompanied by any additional, relevant materials submitted by CLEC.
7.3.3. The payment due date of an invoice shall be suspended with respect to disputed amounts on such invoice, but only if a written, itemized dispute has been filed in compliance with Section 7.3 within thirty (30) Days of the xxxx date. Such payment due date for the disputed amounts shall remain suspended during negotiations between the Parties or pending a determination by the Commission under the dispute resolution provisions of Section 25.
7.3.4. Billing disputes that are submitted in a timely manner in compliance with Section 7.3 shall not have the effect of suspending the payment due date with respect to billed amounts that are not in dispute, notwithstanding the existence of a dispute with respect to other amounts billed on the same invoice.
7.3.5. The failure to submit a written dispute in compliance with Section 7.3 within thirty (30) Days of a xxxx date shall not preclude a Party from thereafter submitting a dispute or seeking a billing adjustment for any charges which have been paid, but any billing dispute which is not submitted within thirty (30) Days of a xxxx date or which is not submitted in writing in compliance with Section 7.3 shall not be effective to suspend the payment due date for the disputed amount or to prevent late charges and possible suspension or termination of service for non-payment of billed amounts in accordance with Section 7.2. Payment of billed amounts that are subsequently disputed or which become the subject of a request for adjustment shall not constitute or be deemed to represent a waiver of a Party’s Party‟s right to submit a dispute or seek an adjustment of such Party’s Party‟s account with respect to such paid amounts, and the paying Party shall not be required to designate any such payment as “conditional” or “under protest” in order to submit a dispute or seek a subsequent adjustment with respect to amounts which have previously been paid. A dispute which is filed more than thirty (30) Days after a xxxx date or a request for an account adjustment must be submitted in writing in the same manner as provided for in
Appears in 2 contracts
Samples: Interconnection, Collocation and Resale Agreement, Interconnection, Collocation and Resale Agreement
CHARGES, BILLING AND PAYMENT. 7.1. In consideration of the services provided by CenturyLink Embarq under this Agreement, CLEC shall pay the charges set forth in Part C subject to the provisions of Section 4 hereof and subject to the dispute provisions provided herein. CenturyLink Embarq may limit or modify the form(s) of payment that will be accepted from time to time, and shall not be obligated to accept card payments (e.g.: , credit/debit/ATM cards) or any form of payment that reduces the net amount received by CenturyLinkEmbarq. Additional billing procedures for charges incurred by CLEC hereunder are set forth in Part J.
7.2. Subject to the terms of this Agreement, the Parties shall pay invoices within thirty (30) Days from the xxxx date shown on the invoice.
7.2.1. For invoices not paid when due, late payment charges will be assessed under Section 7.4.
7.2.2. If the payment due date is a Saturday, Sunday or a designated bank holiday, payment shall be made the next business day.
7.2.3. If an invoice is not paid within forty-five (45) Days after the xxxx date, CenturyLink Embarq may suspend processing new orders and cancel any pending orders.orders.
7.2.4. If the account remains delinquent sixty (60) Days after the xxxx date, CenturyLink Embarq will terminate all services under this Agreement.
7.3. If the CLEC disputes any charges shown on an invoice, the following billing dispute procedures are the exclusive means for challenging such charges, and the failure by CLEC to follow such procedures will result in the suspension or termination of service for non-payment of invoiced amounts:
7.3.1. Any billing dispute must be submitted in writing, itemizing the particular charges that CLEC is challenging, and explaining in reasonable detail the specific grounds for disputing the validity or applicability of such charges.
7.3.2. Billing disputes must be submitted to the National Dispute Center on the billing dispute form designated by CenturyLinkEmbarq. The billing dispute form may be accompanied by any additional, relevant materials submitted by CLEC.
7.3.3. The payment due date of an invoice shall be suspended with respect to disputed amounts on such invoice, but only if a written, itemized dispute has been filed in compliance with Section 7.3 within thirty (30) Days of the xxxx date. Such payment due date for the disputed amounts shall remain suspended during negotiations between the Parties or pending a determination by the Commission under the dispute resolution provisions of Section 25.
7.3.4. Billing disputes that are submitted in a timely manner in compliance with Section 7.3 shall not have the effect of suspending the payment due date with respect to billed amounts that are not in dispute, notwithstanding the existence of a dispute with respect to other amounts billed on the same invoice.
7.3.5. The failure to submit a written dispute in compliance with Section 7.3 within thirty (30) Days of a xxxx date shall not preclude a Party from thereafter submitting a dispute or seeking a billing adjustment for any charges which have been paid, but any billing dispute which is not submitted within thirty (30) Days of a xxxx date or which is not submitted in writing in compliance with Section 7.3 shall not be effective to suspend the payment due date for the disputed amount or to prevent late charges and possible suspension or termination of service for non-payment of billed amounts in accordance with Section 7.2. Payment of billed amounts that are subsequently disputed or which become the subject of a request for adjustment shall not constitute or be deemed to represent a waiver of a Party’s right to submit a dispute or seek an adjustment of such Party’s account with respect to such paid amounts, and the paying Party shall not be required to designate any such payment as “conditional” or “under protest” in order to submit a dispute or seek a subsequent adjustment with respect to amounts which have previously been paid. A dispute which is filed more than thirty (30) Days after a xxxx date or a request for an account adjustment must be submitted in writing in the same manner as provided for inin Section 7.3 with respect to disputes, and such requests shall be subject to the Dispute Resolution provisions of this Agreement.
7.4. Late payment charges on invoices not paid when due (or any portion thereof which is not subject to a timely filed dispute) will be assessed until the amount due is paid in full, and shall be calculated using a rate equal to the lesser of the following:
7.4.1. the total amount due times the highest rate (in decimal value) which may be levied by law for commercial transactions, compounded daily for the number of days from the payment due date to and including the date CLEC actually makes the payment to Embarq, or
7.4.2. the total amount due multiplied by a factor of 0.000329 times the number of days which occurred between the payment due date and (including) the date CLEC actually makes the payment to Embarq.
7.5. Embarq shall credit CLEC for incorrect Connectivity Billing charges including without limitation: overcharges, services ordered or requested but not delivered, interrupted services, services of poor quality and installation problems if caused by Embarq. Such reimbursements shall be set forth in the appropriate section of the Connectivity Xxxx pursuant to CABS, or SECAB standards.
7.6. Embarq will xxxx XXXX for message provisioning and, if applicable, data tape charges related to exchange access records. Embarq will xxxx XXXX for the records at the rates on Table One. If CLEC requests additional copies of the monthly invoice, Embarq may also xxxx XXXX for the additional copies.
7.7. Embarq shall comply with various industry, OBF, and other standards referred to throughout this Agreement. Embarq will review any changes to industry standards, and implement the changes within the industry-defined window. Embarq will notify CLEC of any deviations to the standards.
7.8. Where Parties have established interconnection, Embarq and the CLEC agree to conform to MECAB and MECOD guidelines. They will exchange Billing Account Reference and Xxxx Account Cross Reference information and will coordinate Initial Billing Company/Subsequent Billing Company billing cycles. Embarq will provide CLEC the appropriate records to xxxx exchange access charges to the IXC. Embarq will capture EMI records for inward terminating calls and send them to CLEC, as appropriate, in a daily or other agreed upon interval, via and agreed upon media (e.
Appears in 2 contracts
Samples: Interconnection, Collocation and Resale Agreement, Interconnection, Collocation and Resale Agreement
CHARGES, BILLING AND PAYMENT. 7.1. In consideration of the services provided by CenturyLink Embarq under this Agreement, CLEC shall pay the charges set forth in Part C subject to the provisions of Section 4 hereof and subject to the dispute provisions provided herein. CenturyLink may limit or modify the form(s) of payment that will be accepted from time to time, and shall not be obligated to accept card payments (e.g.: credit/debit/ATM cards) or any form of payment that reduces the net amount received by CenturyLink. Additional billing procedures for charges incurred by CLEC hereunder are set forth in Part J.
7.2. Subject to the terms of this Agreement, the Parties shall pay invoices within thirty (30) Days from the xxxx date shown on the invoice.
7.2.1. For invoices not paid when due, late payment charges will be assessed under Section 7.4.
7.2.2. If the payment due date is a Saturday, Sunday or a designated bank holiday, payment shall be made the next business day.
7.2.3. If an invoice is not paid within forty-five (45) Days after the xxxx date, CenturyLink Embarq will provide written notice to Granite. If Granite’s failure to pay such invoice is not cured within fifteen (15) days of Granite’s receipt of the written notice described in the prior sentence, Embarq may suspend processing new orders and cancel any pending orders.
7.2.4. If the account remains delinquent sixty (60) Days after the xxxx date, CenturyLink Embarq will terminate all services under this Agreement.
7.3. If the CLEC disputes any charges shown on an invoice, the following billing dispute procedures are the exclusive means for challenging such charges, and the failure by CLEC to follow such procedures will result in the suspension or termination of service for non-payment of invoiced amounts:
7.3.1. Any billing dispute must be submitted in writing, itemizing the particular charges that CLEC is challenging, and explaining in reasonable detail the specific grounds for disputing the validity or applicability of such charges.
7.3.2. Billing disputes must be submitted to the National Dispute Center on the billing dispute form designated by CenturyLinkEmbarq, along with any payment for undisputed charges that are shown on such invoice. The billing dispute form may be accompanied by any additional, relevant materials submitted by CLEC.
7.3.3. The payment due date of an invoice shall be suspended with respect to disputed amounts on such invoice, but only if a written, itemized dispute has been filed in compliance with Section 7.3 within thirty (30) Days of the xxxx date. Such payment due date for the disputed amounts shall remain suspended during negotiations between the Parties or pending a determination by the Commission under the dispute resolution provisions of Section 25.
7.3.4. Billing disputes that are submitted in a timely manner in compliance with Section 7.3 shall not have the effect of suspending the payment due date with respect to billed amounts that are not in dispute, notwithstanding the existence of a dispute with respect to other amounts billed on the same invoice.
7.3.5. The failure to submit a written dispute in compliance with Section 7.3 within thirty (30) Days of a xxxx date shall not preclude a Party from thereafter submitting a dispute or seeking a billing adjustment for any charges which have been paid, but any billing dispute which is not submitted within thirty (30) Days of a xxxx date or which is not submitted in writing in compliance with Section 7.3 shall not be effective to suspend the payment due date for the disputed amount or to prevent late charges and possible suspension or termination of service for non-payment of billed amounts in accordance with Section 7.2. Payment of billed amounts that are subsequently disputed or which become the subject of a request for adjustment shall not constitute or be deemed to represent a waiver of a Party’s right to submit a dispute or seek an adjustment of such Party’s account with respect to such paid amounts, and the paying Party shall not be required to designate any such payment as “conditional” or “under protest” in order to submit a dispute or seek a subsequent adjustment with respect to amounts which have previously been paid. A dispute which is filed more than thirty (30) Days after a xxxx date or a request for an account adjustment must be submitted in writing in the same manner as provided for inin Section 7.3 with respect to disputes, and such requests shall be subject to the Dispute Resolution provisions of this Agreement.
7.4. Late payment charges on invoices not paid when due (or any portion thereof which is not subject to a timely filed dispute) will be assessed until the amount due is paid in full, and shall be calculated using a rate equal to the lesser of the following:
7.4.1. the total amount due times the highest rate (in decimal value) which may be levied by law for commercial transactions, compounded daily for the number of days from the payment due date to and including the date the CLEC actually makes the payment to Embarq, or
7.4.2. the total amount due multiplied by a factor of 0.000329 times the number of days which occurred between the payment due date and (including) the date CLEC actually makes the payment to Embarq.
7.5. Embarq shall credit CLEC for incorrect Connectivity Billing charges including without limitation: overcharges, services ordered or requested but not delivered, interrupted services, services of poor quality and installation problems if caused by Embarq. Such reimbursements shall be set forth in the appropriate section of the Connectivity Xxxx pursuant to CABS, or SECAB standards.
7.6. Embarq will xxxx XXXX for message provisioning and, if applicable, data tape charges related to exchange access records. Embarq will xxxx XXXX for the records at the rates on Table One. If CLEC requests additional copies of the monthly invoice, Embarq may also xxxx XXXX for the additional copies.
7.7. Embarq shall comply with various industry, OBF, and other standards referred to throughout this Agreement. Embarq will review any changes to industry standards, and implement the changes within the industry-defined window. Embarq will notify CLEC of any deviations to the standards.
7.8. Where Parties have established interconnection, Embarq and the CLEC agree to conform to MECAB and MECOD guidelines. They will exchange Billing Account Reference and Xxxx Account Cross Reference information and will coordinate Initial Billing Company/Subsequent Billing Company billing cycles. Embarq will provide CLEC the appropriate records to xxxx exchange access charges to the IXC. Embarq will capture EMI records for inward terminating calls and send them to CLEC, as appropriate, in a daily or other agreed upon interval, via and agreed upon media (e.
Appears in 2 contracts
Samples: Interconnection, Collocation and Resale Agreement, Interconnection, Collocation and Resale Agreement
CHARGES, BILLING AND PAYMENT. 7.1. In consideration of the services provided by CenturyLink under this Agreement, CLEC shall pay the charges set forth in Part C subject to the provisions of Section 4 hereof and subject to the dispute provisions provided herein. CenturyLink may limit or modify the form(s) of payment that will be accepted from time to time, and shall not be obligated to accept card payments (e.g.: credit/debit/ATM cards) or any form of payment that reduces the net amount received by CenturyLink. Additional billing procedures for charges incurred by CLEC hereunder are set forth in Part J.
7.2. Subject to the terms of this Agreement, the Parties shall pay invoices within thirty (30) Days from the xxxx date shown on the invoice.
7.2.1. For invoices not paid when due, late payment charges will be assessed under Section 7.4.
7.2.2. If the payment due date is a Saturday, Sunday or a designated bank holiday, payment shall be made the next business day.
7.2.3. If an invoice is not paid within forty-five (45) Days after the xxxx date, CenturyLink may suspend processing new orders and cancel any pending orders.
7.2.4. If the account remains delinquent sixty (60) Days after the xxxx date, CenturyLink will terminate all services under this Agreement.
7.3. If the CLEC disputes any charges shown on an invoice, the following billing dispute procedures are the exclusive means for challenging such charges, and the failure by CLEC to follow such procedures will result in the suspension or termination of service for non-payment of invoiced amounts:
7.3.1. Any billing dispute must be submitted in writing, itemizing the particular charges that CLEC is challenging, and explaining in reasonable detail the specific grounds for disputing the validity or applicability of such charges.
7.3.2. Billing disputes must be submitted to the National Dispute Center on the billing dispute form designated by CenturyLink. The billing dispute form may be accompanied by any additional, relevant materials submitted by CLEC.
7.3.3. The payment due date of an invoice shall be suspended with respect to disputed amounts on such invoice, but only if a written, itemized dispute has been filed in compliance with Section 7.3 within thirty (30) Days of the xxxx date. Such payment due date for the disputed amounts shall remain suspended during negotiations between the Parties or pending a determination by the Commission under the dispute resolution provisions of Section 25.
7.3.4. Billing disputes that are submitted in a timely manner in compliance with Section 7.3 shall not have the effect of suspending the payment due date with respect to billed amounts that are not in dispute, notwithstanding the existence of a dispute with respect to other amounts billed on the same invoice.
7.3.5. The failure to submit a written dispute in compliance with Section 7.3 within thirty (30) Days of a xxxx date shall not preclude a Party from thereafter submitting a dispute or seeking a billing adjustment for any charges which have been paid, but any billing dispute which is not submitted within thirty (30) Days of a xxxx date or which is not submitted in writing in compliance with Section 7.3 shall not be effective to suspend the payment due date for the disputed amount or to prevent late charges and possible suspension or termination of service for non-payment of billed amounts in accordance with Section 7.2. Payment of billed amounts that are subsequently disputed or which become the subject of a request for adjustment shall not constitute or be deemed to represent a waiver of a Party’s right to submit a dispute or seek an adjustment of such Party’s account with respect to such paid amounts, and the paying Party shall not be required to designate any such payment as “conditional” or “under protest” in order to submit a dispute or seek a subsequent adjustment with respect to amounts which have previously been paid. A dispute which is filed more than thirty (30) Days after a xxxx date or a request for an account adjustment must be submitted in writing in the same manner as provided for inin Section 7.3 with respect to disputes, and such requests shall be subject to the Dispute Resolution provisions of this Agreement.
7.4. Late payment charges on invoices not paid when due (or any portion thereof which is not subject to a timely filed dispute) will be assessed until the amount due is paid in full, and shall be calculated using a rate equal to the lesser of the following:
7.4.1. the total amount due times the highest rate (in decimal value) which may be levied by law for commercial transactions, compounded daily for the number of days from the payment due date to and including the date CLEC actually makes the payment to CenturyLink, or
7.4.2. the total amount due multiplied by a factor of 0.000329 times the number of days which occurred between the payment due date and (including) the date CLEC actually makes the payment to CenturyLink.
7.5. CenturyLink shall credit CLEC for incorrect Connectivity Billing charges including without limitation: overcharges, services ordered or requested but not delivered, interrupted services, services of poor quality and installation problems if caused by CenturyLink. Such reimbursements shall be set forth in the appropriate section of the Connectivity Xxxx pursuant to CABS, or SECAB standards.
7.6. CenturyLink will xxxx XXXX for message provisioning and, if applicable, data tape charges related to exchange access records. CenturyLink will xxxx XXXX for the records at the rates on Table One. If CLEC requests additional copies of the monthly invoice, CenturyLink may also xxxx XXXX for the additional copies.
7.7. CenturyLink shall comply with various industry, OBF, and other standards referred to throughout this Agreement. CenturyLink will review any changes to industry standards, and implement the changes within the industry-defined window. CenturyLink will notify CLEC of any deviations to the standards.
7.8. Where Parties have established interconnection, CenturyLink and the CLEC agree to conform to MECAB and MECOD guidelines. They will exchange Billing Account Reference and Xxxx Account Cross Reference information and will coordinate Initial Billing Company/Subsequent Billing Company billing cycles. CenturyLink will provide CLEC the appropriate records to xxxx exchange access charges to the IXC. CenturyLink will capture EMI records for inward terminating calls and send them to CLEC, as appropriate, in a daily or other agreed upon interval, via and agreed upon media (e.
Appears in 2 contracts
Samples: Interconnection, Collocation and Resale Agreement, Interconnection, Collocation and Resale Agreement
CHARGES, BILLING AND PAYMENT. 7.1. In consideration of the services provided by CenturyLink Embarq under this Agreement, CLEC shall pay the charges set forth in Part C subject to the provisions of Section 4 hereof and subject to the dispute provisions provided herein. CenturyLink may limit or modify the form(s) of payment that will be accepted from time to time, and shall not be obligated to accept card payments (e.g.: credit/debit/ATM cards) or any form of payment that reduces the net amount received by CenturyLink. Additional billing procedures for charges incurred by CLEC hereunder are set forth in Part J.
7.2. Subject to the terms of this Agreement, the Parties shall pay invoices within thirty (30) Days from the xxxx bill date shown on the invoice.
7.2.1. For invoices not paid when due, late payment charges will be assessed under Section 7.4.
7.2.2. If the payment due date is a Saturday, Sunday or a designated bank holiday, payment shall be made the next business dayBusiness Day.
7.2.3. If an invoice is not paid within forty-five (45) Days after the xxxx bill date, CenturyLink Embarq may suspend processing new orders and cancel any pending orders.. CoastCom – ICRA: OR – Eff: 05/20/08 14
7.2.4. If the account remains delinquent sixty (60) Days after the xxxx bill date, CenturyLink Embarq will terminate all services under this Agreement.
7.3. If the CLEC disputes any charges shown on an invoice, the following billing dispute procedures are the exclusive means for challenging such charges, and the failure by CLEC to follow such procedures will result in the suspension or termination of service for non-payment of invoiced amounts:
7.3.1. Any billing dispute must be submitted in writing, itemizing the particular charges that CLEC is challenging, and explaining in reasonable detail the specific grounds for disputing the validity or applicability of such charges.
7.3.2. Billing disputes must be submitted to the National Dispute Center on the billing dispute form designated by CenturyLinkEmbarq, along with any payment for undisputed charges that are shown on such invoice. The billing dispute form may be accompanied by any additional, relevant materials submitted by CLEC.
7.3.3. The payment due date of an invoice shall be suspended with respect to disputed amounts on such invoice, but only if a written, itemized dispute has been filed in compliance with Section 7.3 within thirty (30) Days of the xxxx bill date. Such payment due date for the disputed amounts shall remain suspended during negotiations between the Parties or pending a determination by the Commission under the dispute resolution provisions of Section 25.
7.3.4. Billing disputes that are submitted in a timely manner in compliance with Section 7.3 shall not have the effect of suspending the payment due date with respect to billed amounts that are not in dispute, notwithstanding the existence of a dispute with respect to other amounts billed on the same invoice.
7.3.5. The failure to submit a written dispute in compliance with Section 7.3 within thirty (30) Days of a xxxx bill date shall not preclude a Party from thereafter submitting a dispute or seeking a billing adjustment for any charges which have been paid, but any billing dispute which is not submitted within thirty (30) Days of a xxxx bill date or which is not submitted in writing in compliance with Section 7.3 shall not be effective to suspend the payment due date for the disputed amount or to prevent late charges and possible suspension or termination of service for non-payment of billed amounts in accordance with Section 7.2. Payment of billed amounts that are subsequently disputed or which become the subject of a request for adjustment shall not constitute or be deemed to represent a waiver of a Party’s right to submit a dispute or seek an adjustment of such Party’s account with respect to such paid amounts, and the paying Party shall not be required to designate any such payment as “conditional” or “under protest” in order to submit a dispute or seek a subsequent adjustment with respect to amounts which have previously been paid. A dispute which is filed more than thirty (30) Days after a xxxx bill date or a request for an account adjustment must be submitted in writing in the same manner as provided for inin Section 7.3 with respect to disputes, and such requests shall be subject to the Dispute Resolution provisions of this Agreement.
7.4. Late payment charges on invoices not paid when due (or any portion thereof which is not subject to a timely filed dispute) will be assessed until the amount due is paid in full, and shall be calculated using a rate equal to the lesser of the following:
7.4.1. the total amount due times the highest rate (in decimal value) which may be levied by law for commercial transactions, compounded daily for the number of Days from the payment due date to and including the date CLEC actually makes the payment to Embarq, or CoastCom – ICRA: OR – Eff: 05/20/08 15 7.4.2. the total amount due multiplied by a factor of 0.000329 times the number of Days which occurred between the payment due date and (including) the date CLEC actually makes the payment to Embarq.
7.5. Embarq shall credit CLEC for incorrect Connectivity Billing charges including without limitation: overcharges, services ordered or requested but not delivered, interrupted services, services of poor quality and installation problems if caused by Embarq. Such reimbursements shall be set forth in the appropriate section of the Connectivity Bill pursuant to CABS, or SECAB standards.
7.6. Embarq will xxxx XXXX for message provisioning and, if applicable, data tape charges related to exchange access records. Embarq will xxxx XXXX for the records at the rates on Table One. If CLEC requests additional copies of the monthly invoice, Embarq may also xxxx XXXX for the additional copies.
7.7. Embarq shall comply with various industry, OBF, and other standards referred to throughout this Agreement. Embarq will review any changes to industry standards, and implement the changes within the industry-defined window. Embarq will notify CLEC of any deviations to the standards.
7.8. Where Parties have established interconnection, Embarq and the CLEC agree to conform to MECAB and MECOD guidelines. They will exchange Billing Account Reference and Xxxx Account Cross Reference information and will coordinate Initial Billing Company/Subsequent Billing Company billing cycles. Embarq will provide CLEC the appropriate records to bill exchange access charges to the IXC. Embarq will capture EMI records for inward terminating calls and send them to CLEC, as appropriate, in a daily or other agreed upon interval, via and agreed upon media (e.
Appears in 1 contract
Samples: General Terms and Conditions
CHARGES, BILLING AND PAYMENT. 7.1. In consideration of the services provided by CenturyLink under this Agreement, CLEC shall pay the charges set forth in Part C applicable CenturyLink Tariff(s), as discounted by the percentages provided in Table One, and subject to the provisions of Section 4 hereof §§4.2 and subject to the dispute provisions provided herein. CenturyLink may limit or modify the form(s) of payment that will be accepted from time to time, and shall not be obligated to accept card payments (e.g.: credit/debit/ATM cards) or any form of payment that reduces the net amount received by CenturyLink. Additional billing procedures for charges incurred by CLEC hereunder are set forth in Part J.4.3 hereof.
7.2. Subject to the terms of this Agreement, the Parties shall pay invoices within thirty (30) Days from by the xxxx due date shown on the invoice.
7.2.1. For invoices not paid when due, late payment charges will be assessed under Section §7.4.
7.2.2. If the payment due date is a Saturday, Sunday or a designated bank holiday, payment shall be made the next business dayBusiness Day.
7.2.3. If an invoice is not paid within forty-five (45) Days after the xxxx bill date, CenturyLink may suspend processing new orders and cancel any pending orders.
7.2.4. If the account remains delinquent sixty (60) Days after the xxxx bill date, CenturyLink will terminate all services under this Agreement.
7.3. If the CLEC disputes any charges shown on an invoice, the following billing dispute procedures are the exclusive means for challenging such charges, and the failure by CLEC to follow such procedures will result in the suspension or termination of service for non-payment of invoiced amounts:
7.3.1. Any billing dispute must be submitted in writing, itemizing the particular charges that CLEC is challenging, and explaining in reasonable detail the specific grounds for disputing the validity or applicability of such charges.
7.3.2. Billing disputes must be submitted to the National Dispute Center on the billing dispute form designated by CenturyLink, along with any payment for undisputed charges that are shown on such invoice. The billing dispute form may be accompanied by any additional, relevant materials submitted by CLEC.
7.3.3. The payment due date of an invoice shall be suspended with respect to disputed amounts on such invoice, but only if a written, itemized dispute has been filed in compliance with Section §7.3 within thirty (30) Days of the xxxx bill date. Such payment due date for the disputed amounts shall remain suspended during negotiations between the Parties or pending a determination by the Commission under the dispute resolution provisions of Section 25§24.
7.3.4. Billing disputes that are submitted in a timely manner in compliance with Section §7.3 shall not have the effect of suspending the payment due date with respect to billed amounts that are not in dispute, notwithstanding the existence of a dispute with respect to other amounts billed on the same invoice.
7.3.5. The failure to submit a written dispute in compliance with Section 7.3 within thirty (30) Days of a xxxx date shall not preclude a Party from thereafter submitting a dispute or seeking a billing adjustment for any charges which have been paid, but any Any billing dispute which that is not submitted within thirty (30) Days of in a xxxx date timely manner or which is not submitted in writing in compliance with Section §7.3 shall not be effective to suspend the payment due date for the disputed amount or to prevent late charges and possible suspension or termination of service for non-payment of billed amounts amount in accordance with Section §7.2.
7.3.6. The failure to submit a written dispute in compliance with §7.3 within thirty (30) Days of a bill date shall not preclude CLEC from thereafter submitting a dispute or seeking a billing adjustment for any charges. Payment of billed amounts that are subsequently disputed or which become the subject of a request for to adjustment shall not constitute or be deemed to represent a waiver of a Party’s right to submit a dispute or seek an adjustment of any such Party’s account with respect to such paid amountsdispute, and the paying Party CLEC shall not be required to designate any such payment as “conditional” or “under protest” in order to submit a invoke the dispute or seek a subsequent adjustment resolution provisions of §24 with respect to amounts which have previously been paidsuch amounts.
7.4. A dispute Late payment charges on invoices not paid when due (or any portion thereof which is not subject to a timely filed more than thirty dispute) will be assessed until the amount due is paid in full, and shall be calculated using a rate equal to the lesser of the following:
7.4.1. the total amount due times the highest rate (30in decimal value) Days after which may be levied by law for commercial transactions, compounded daily for the number of days from the payment due date to and including the date the customer actually makes the payment to CenturyLink, or
7.4.2. the total amount due multiplied by a xxxx factor of 0.000329 times the number of days which occurred between the payment due date or and (including) the date CLEC actually makes the payment to CenturyLink.
7.5. CenturyLink reserves the right to secure the account with a request for an account adjustment must be submitted suitable form of security deposit in writing in the same manner as provided for inaccordance with §33.1.
Appears in 1 contract
Samples: Master Resale Agreement
CHARGES, BILLING AND PAYMENT. 7.1. In consideration of the services provided by CenturyLink Embarq under this Agreement, CLEC shall pay the charges set forth in Part C subject to the provisions of Section 4 hereof and subject to the dispute provisions provided herein. CenturyLink may limit or modify the form(s) of payment that will be accepted from time to time, and shall not be obligated to accept card payments (e.g.: credit/debit/ATM cards) or any form of payment that reduces the net amount received by CenturyLink. Additional billing procedures for charges incurred by CLEC hereunder are set forth in Part J.
7.2. Subject to the terms of this Agreement, the Parties shall pay invoices within thirty (30) Days from the xxxx date shown on the invoice.
7.2.1. For invoices not paid when due, late payment charges will be assessed under Section 7.4.
7.2.2. If the payment due date is a Saturday, Sunday or a designated bank holiday, payment shall be made the next business day.
7.2.3. If an invoice is not paid within forty-five (45) Days after the xxxx date, CenturyLink Embarq may suspend processing new orders and cancel any pending orders.orders.
7.2.4. If the account remains delinquent sixty (60) Days after the xxxx date, CenturyLink Embarq will terminate all services under this Agreement.
7.3. If the CLEC disputes any charges shown on an invoice, the following billing dispute procedures are the exclusive means for challenging such charges, and the failure by CLEC to follow such procedures will result in the suspension or termination of service for non-payment of invoiced amounts:
7.3.1. Any billing dispute must be submitted in writing, itemizing the particular charges that CLEC is challenging, and explaining in reasonable detail the specific grounds for disputing the validity or applicability of such charges.
7.3.2. Billing disputes must be submitted to the National Dispute Center on the billing dispute form designated by CenturyLinkEmbarq, along with any payment for undisputed charges that are shown on such invoice. The billing dispute form may be accompanied by any additional, relevant materials submitted by CLEC.
7.3.3. The payment due date of an invoice shall be suspended with respect to disputed amounts on such invoice, but only if a written, itemized dispute has been filed in compliance with Section 7.3 within thirty (30) Days of the xxxx date. Such payment due date for the disputed amounts shall remain suspended during negotiations between the Parties or pending a determination by the Commission under the dispute resolution provisions of Section 25.
7.3.4. Billing disputes that are submitted in a timely manner in compliance with Section 7.3 shall not have the effect of suspending the payment due date with respect to billed amounts that are not in dispute, notwithstanding the existence of a dispute with respect to other amounts billed on the same invoice.
7.3.5. The failure to submit a written dispute in compliance with Section 7.3 within thirty (30) Days of a xxxx date shall not preclude a Party from thereafter submitting a dispute or seeking a billing adjustment for any charges which have been paid, but any billing dispute which is not submitted within thirty (30) Days of a xxxx date or which is not submitted in writing in compliance with Section 7.3 shall not be effective to suspend the payment due date for the disputed amount or to prevent late charges and possible suspension or termination of service for non-payment of billed amounts in accordance with Section 7.2. Payment of billed amounts that are subsequently disputed or which become the subject of a request for adjustment shall not constitute or be deemed to represent a waiver of a Party’s right to submit a dispute or seek an adjustment of such Party’s account with respect to such paid amounts, and the paying Party shall not be required to designate any such payment as “conditional” or “under protest” in order to submit a dispute or seek a subsequent adjustment with respect to amounts which have previously been paid. A dispute which is filed more than thirty (30) Days after a xxxx date or a request for an account adjustment must be submitted in writing in the same manner as provided for inin Section 7.3 with respect to disputes, and such requests shall be subject to the Dispute Resolution provisions of this Agreement.
7.4. Late payment charges on invoices not paid when due (or any portion thereof which is not subject to a timely filed dispute) will be assessed until the amount due is paid in full, and shall be calculated using a rate equal to the lesser of the following:
7.4.1. the total amount due times the highest rate (in decimal value) which may be levied by law for commercial transactions, compounded daily for the number of days from the payment due date to and including the date the customer actually makes the payment to Embarq, or
7.4.2. the total amount due multiplied by a factor of 0.000329 times the number of days which occurred between the payment due date and (including) the date CLEC actually makes the payment to Embarq.
7.5. Embarq shall credit CLEC for incorrect Connectivity Billing charges including without limitation: overcharges, services ordered or requested but not delivered, interrupted services, services of poor quality and installation problems if caused by Embarq. Such reimbursements shall be set forth in the appropriate section of the Connectivity Xxxx pursuant to CABS, or SECAB standards.
7.6. Embarq will xxxx XXXX for message provisioning and, if applicable, data tape charges related to exchange access records. Embarq will xxxx XXXX for the records at the rates on Table One. If CLEC requests additional copies of the monthly invoice, Embarq may also xxxx XXXX for the additional copies.
7.7. Embarq shall comply with various industry, OBF, and other standards referred to throughout this Agreement. Embarq will review any changes to industry standards, and implement the changes within the industry-defined window. Embarq will notify CLEC of any deviations to the standards.
7.8. Where Parties have established interconnection, Embarq and the CLEC agree to conform to MECAB and MECOD guidelines. They will exchange Billing Account Reference and Xxxx Account Cross Reference information and will coordinate Initial Billing Company/Subsequent Billing Company billing cycles. Embarq will provide CLEC the appropriate records to xxxx exchange access charges to the IXC. Embarq will capture EMI records for inward terminating calls and send them to CLEC, as appropriate, in a daily or other agreed upon interval, via and agreed upon media (e.
Appears in 1 contract
CHARGES, BILLING AND PAYMENT. 7.1. In consideration of the services provided by CenturyLink Embarq under this Agreement, CLEC shall pay the charges set forth in Part C applicable Embarq Tariff(s), as discounted by the percentages provided in Table One, and subject to the provisions of Section 4 hereof §§4.2 and subject to the dispute provisions provided herein. CenturyLink may limit or modify the form(s) of payment that will be accepted from time to time, and shall not be obligated to accept card payments (e.g.: credit/debit/ATM cards) or any form of payment that reduces the net amount received by CenturyLink. Additional billing procedures for charges incurred by CLEC hereunder are set forth in Part J.4.3 hereof.
7.2. Subject to the terms of this Agreement, the Parties shall pay invoices within thirty (30) Days from by the xxxx due date shown on the invoice.
7.2.1. For invoices not paid when due, late payment charges will be assessed under Section §7.4.
7.2.2. If the payment due date is a Saturday, Sunday or a designated bank holiday, payment shall be made the next business dayBusiness Day.
7.2.3. If an invoice is not paid within forty-five (45) Days after the xxxx bill date, CenturyLink Embarq may suspend processing new orders and cancel any pending orders.
7.2.4. If the account remains delinquent sixty (60) Days after the xxxx bill date, CenturyLink Embarq will terminate all services under this Agreement.
7.3. If the CLEC disputes any charges shown on an invoice, the following billing dispute procedures are the exclusive means for challenging such charges, and the failure by CLEC to follow such procedures will result in the suspension or termination of service for non-payment of invoiced amounts:
7.3.1. Any billing dispute must be submitted in writing, itemizing the particular charges that CLEC is challenging, and explaining in reasonable detail the specific grounds for disputing the validity or applicability of such charges.
7.3.2. Billing disputes must be submitted to the National Dispute Center on the billing dispute form designated by CenturyLinkEmbarq, along with any payment for undisputed charges that are shown on such invoice. The billing dispute form may be accompanied by any additional, relevant materials submitted by CLEC.
7.3.3. The payment due date of an invoice shall be suspended with respect to disputed amounts on such invoice, but only if a written, itemized dispute has been filed in compliance with Section §7.3 within thirty (30) Days of the xxxx bill date. Such payment due date for the disputed amounts shall remain suspended during negotiations between the Parties or pending a determination by the Commission under the dispute resolution provisions of Section 25§24.
7.3.4. Billing disputes that are submitted in a timely manner in compliance with Section §7.3 shall not have the effect of suspending the payment due date with respect to billed amounts that are not in dispute, notwithstanding the existence of a dispute with respect to other amounts billed on the same invoice.
7.3.5. The failure to submit a written dispute in compliance with Section 7.3 within thirty (30) Days of a xxxx date shall not preclude a Party from thereafter submitting a dispute or seeking a billing adjustment for any charges which have been paid, but any Any billing dispute which that is not submitted within thirty (30) Days of in a xxxx date timely manner or which is not submitted in writing in compliance with Section §7.3 shall not be effective to suspend the payment due date for the disputed amount or to prevent late charges and possible suspension or termination of service for non-payment of billed amounts amount in accordance with Section 7.2§7.2Error! Reference source not found..
7.3.6. The failure to submit a written dispute in compliance with §7.3 within thirty (30) Days of a bill date shall not preclude CLEC from thereafter submitting a dispute or seeking a billing adjustment for any charges. Payment of billed amounts that are subsequently disputed or which become the subject of a request for to adjustment shall not constitute or be deemed to represent a waiver of a Party’s right to submit a dispute or seek an adjustment of any such Party’s account with respect to such paid amountsdispute, and the paying Party CLEC shall not be required to designate any such payment as “conditional” or “under protest” in order to submit a invoke the dispute or seek a subsequent adjustment resolution provisions of §24 with respect to amounts which have previously been paidsuch amounts.
7.4. A dispute Late payment charges on invoices not paid when due (or any portion thereof which is not subject to a timely filed more than thirty dispute) will be assessed until the amount due is paid in full, and shall be calculated using a rate equal to the lesser of the following:
7.4.1. the total amount due times the highest rate (30in decimal value) Days after which may be levied by law for commercial transactions, compounded daily for the number of days from the payment due date to and including the date the customer actually makes the payment to Embarq, or
7.4.2. the total amount due multiplied by a xxxx factor of 0.000329 times the number of days which occurred between the payment due date or and (including) the date CLEC actually makes the payment to Embarq.
7.5. Embarq reserves the right to secure the account with a request for an account adjustment must be submitted suitable form of security deposit in writing in the same manner as provided for inaccordance with §33.1.
Appears in 1 contract
Samples: Master Resale Agreement
CHARGES, BILLING AND PAYMENT. 7.1. In consideration of the services provided by CenturyLink Embarq under this Agreement, CLEC shall pay the charges set forth in Part C subject to the provisions of Section 4 hereof and subject to the dispute provisions provided herein. CenturyLink may limit or modify the form(s) of payment that will be accepted from time to time, and shall not be obligated to accept card payments (e.g.: credit/debit/ATM cards) or any form of payment that reduces the net amount received by CenturyLink. Additional billing procedures for charges incurred by CLEC hereunder are set forth in Part J.
7.2. Subject to the terms of this Agreement, the Parties shall pay invoices within thirty (30) Days from the xxxx date shown on the invoice.
7.2.1. For invoices not paid when due, late payment charges will be assessed under Section 7.4.
7.2.2. If the payment due date is a Saturday, Sunday or a designated bank holiday, payment shall be made the next business day.
7.2.3. If an invoice is not paid within forty-five (45) Days after the xxxx date, CenturyLink Embarq may suspend processing new orders and cancel any pending orders.
7.2.4. If the account remains delinquent sixty (60) Days after the xxxx date, CenturyLink Embarq will terminate all services under this Agreement.
7.3. If the CLEC disputes any charges shown on an invoice, the following billing dispute procedures are the exclusive means for challenging such charges, and the failure by CLEC to follow such procedures will result in the suspension or termination of service for non-payment of invoiced amounts:
7.3.1. Any billing dispute must be submitted in writing, itemizing the particular charges that CLEC is challenging, and explaining in reasonable detail the specific grounds for disputing the validity or applicability of such charges.
7.3.2. Billing disputes must be submitted to the National Dispute Center on the billing dispute form designated by CenturyLinkEmbarq, along with any payment for undisputed charges that are shown on such invoice. The billing dispute form may be accompanied by any additional, relevant materials submitted by CLEC.
7.3.3. The payment due date of an invoice shall be suspended with respect to disputed amounts on such invoice, but only if a written, itemized dispute has been filed in compliance with Section 7.3 within thirty (30) Days of the xxxx date. Such payment due date for the disputed amounts shall remain suspended during negotiations between the Parties or pending a determination by the Commission under the dispute resolution provisions of Section 25.
7.3.4. Billing disputes that are submitted in a timely manner in compliance with Section 7.3 shall not have the effect of suspending the payment due date with respect to billed amounts that are not in dispute, notwithstanding the existence of a dispute with respect to other amounts billed on the same invoice.
7.3.5. The failure to submit a written dispute in compliance with Section 7.3 within thirty (30) Days of a xxxx date shall not preclude a Party from thereafter submitting a dispute or seeking a billing adjustment for any charges which have been paid, but any billing dispute which is not submitted within thirty (30) Days of a xxxx date or which is not submitted in writing in compliance with Section 7.3 shall not be effective to suspend the payment due date for the disputed amount or to prevent late charges and possible suspension or termination of service for non-non- payment of billed amounts in accordance with Section 7.2. Payment of billed amounts that are subsequently disputed or which become the subject of a request for adjustment shall not constitute or be deemed to represent a waiver of a Party’s right to submit a dispute or seek an adjustment of such Party’s account with respect to such paid amounts, and the paying Party shall not be required to designate any such payment as “conditional” or “under protest” in order to submit a dispute or seek a subsequent adjustment with respect to amounts which have previously been paid. A dispute which is filed more than thirty (30) Days after a xxxx date or a request for an account adjustment must be submitted in writing in the same manner as provided for inin Section 7.3 with respect to disputes, and such requests shall be subject to the Dispute Resolution provisions of this Agreement.
7.4. Late payment charges on invoices not paid when due (or any portion thereof which is not subject to a timely filed dispute) will be assessed until the amount due is paid in full, and shall be calculated using a rate equal to the lesser of the following:
7.4.1. the total amount due times the highest rate (in decimal value) which may be levied by law for commercial transactions, compounded daily for the number of days from the payment due date to and including the date CLEC actually makes the payment to Embarq, or
7.4.2. the total amount due multiplied by a factor of 0.000329 times the number of days which occurred between the payment due date and (including) the date CLEC actually makes the payment to Embarq.
7.5. Embarq shall credit CLEC for incorrect Connectivity Billing charges including without limitation: overcharges, services ordered or requested but not delivered, interrupted services, services of poor quality and installation problems if caused by Embarq. Such reimbursements shall be set forth in the appropriate section of the Connectivity Xxxx pursuant to CABS, or SECAB standards.
7.6. Embarq will xxxx XXXX for message provisioning and, if applicable, data tape charges related to exchange access records. Embarq will xxxx XXXX for the records at the rates on Table One. If CLEC requests additional copies of the monthly invoice, Embarq may also xxxx XXXX for the additional copies.
7.7. Embarq shall comply with various industry, OBF, and other standards referred to throughout this Agreement. Embarq will review any changes to industry standards, and implement the changes within the industry-defined window. Embarq will notify CLEC of any deviations to the standards.
7.8. Where Parties have established interconnection, Embarq and the CLEC agree to conform to MECAB and MECOD guidelines. They will exchange Billing Account Reference and Xxxx Account Cross Reference information and will coordinate Initial Billing Company/Subsequent Billing Company billing cycles. Embarq will provide CLEC the appropriate records to xxxx exchange access charges to the IXC. Embarq will capture EMI records for inward terminating calls and send them to CLEC, as appropriate, in a daily or other agreed upon interval, via and agreed upon media (e.
Appears in 1 contract
CHARGES, BILLING AND PAYMENT. 7.1. In consideration of the services provided by CenturyLink Embarq under this Agreement, CLEC shall pay the charges set forth in Part C applicable Embarq Tariff(s), as discounted by the percentages provided in Table One, and subject to the provisions of Section 4 hereof §§4.2 and subject to the dispute provisions provided herein. CenturyLink may limit or modify the form(s) of payment that will be accepted from time to time, and shall not be obligated to accept card payments (e.g.: credit/debit/ATM cards) or any form of payment that reduces the net amount received by CenturyLink. Additional billing procedures for charges incurred by CLEC hereunder are set forth in Part J.4.3 hereof.
7.2. Subject to the terms of this Agreement, the Parties shall pay invoices within thirty (30) Days from by the xxxx due date shown on the invoice.invoice.
7.2.1. For invoices not paid when due, late payment charges will be assessed under Section §7.4.
7.2.2. If the payment due date is a Saturday, Sunday or a designated bank holiday, payment shall be made the next business dayBusiness Day.
7.2.3. If an invoice is not paid within forty-five (45) Days after the xxxx date, CenturyLink Embarq may suspend processing new orders and cancel any pending orders.
7.2.4. If the account remains delinquent sixty (60) Days after the xxxx date, CenturyLink Embarq will terminate all services under this Agreement.
7.3. If the CLEC disputes any charges shown on an invoice, the following billing dispute procedures are the exclusive means for challenging such charges, and the failure by CLEC to follow such procedures will result in the suspension or termination of service for non-payment of invoiced amounts:amounts:
7.3.1. Any billing dispute must be submitted in writing, itemizing the particular charges that CLEC is challenging, and explaining in reasonable detail the specific grounds for disputing the validity or applicability of such charges.
7.3.2. Billing disputes must be submitted to the National Dispute Center on the billing dispute form designated by CenturyLinkEmbarq, along with any payment for undisputed charges that are shown on such invoice. The billing dispute form may be accompanied by any additional, relevant materials submitted by CLEC.
7.3.3. The payment due date of an invoice shall be suspended with respect to disputed amounts on such invoice, but only if a written, itemized dispute has been filed in compliance with Section §7.3 within thirty (30) Days of the xxxx date. Such payment due date for the disputed amounts shall remain suspended during negotiations between the Parties or pending a determination by the Commission under the dispute resolution provisions of Section 25§24.
7.3.4. Billing disputes that are submitted in a timely manner in compliance with Section §7.3 shall not have the effect of suspending the payment due date with respect to billed amounts that are not in dispute, notwithstanding the existence of a dispute with respect to other amounts billed on the same invoice.
7.3.5. The failure to submit a written dispute in compliance with Section 7.3 within thirty (30) Days of a xxxx date shall not preclude a Party from thereafter submitting a dispute or seeking a billing adjustment for any charges which have been paid, but any Any billing dispute which that is not submitted within thirty (30) Days of in a xxxx date timely manner or which is not submitted in writing in compliance with Section §7.3 shall not be effective to suspend the payment due date for the disputed amount or to prevent late charges and possible suspension or termination of service for non-payment of billed amounts amount in accordance with Section 7.2§7.2Error! Reference source not found..
7.3.6. The failure to submit a written dispute in compliance with §7.3 within thirty (30) Days of a xxxx date shall not preclude CLEC from thereafter submitting a dispute or seeking a billing adjustment for any charges. Payment of billed amounts that are subsequently disputed or which become the subject of a request for to adjustment shall not constitute or be deemed to represent a waiver of a Party’s right to submit a dispute or seek an adjustment of any such Party’s account with respect to such paid amountsdispute, and the paying Party CLEC shall not be required to designate any such payment as “conditional” or “under protest” in order to submit a invoke the dispute or seek a subsequent adjustment resolution provisions of §24 with respect to amounts which have previously been paidsuch amounts.
7.4. A dispute Late payment charges on invoices not paid when due (or any portion thereof which is not subject to a timely filed more than thirty dispute) will be assessed until the amount due is paid in full, and shall be calculated using a rate equal to the lesser of the following:
7.4.1. the total amount due times the highest rate (30in decimal value) Days after which may be levied by law for commercial transactions, compounded daily for the number of days from the payment due date to and including the date the customer actually makes the payment to Embarq, or
7.4.2. the total amount due multiplied by a xxxx factor of 0.000329 times the number of days which occurred between the payment due date or and (including) the date CLEC actually makes the payment to Embarq.
7.5. Embarq reserves the right to secure the account with a request for an account adjustment must be submitted suitable form of security deposit in writing in the same manner as provided for inaccordance with §33.1.
Appears in 1 contract
Samples: Master Resale Agreement
CHARGES, BILLING AND PAYMENT. 7.1. In consideration of the services provided by CenturyLink under this Agreement, CLEC shall pay the charges set forth in Part C subject to the provisions of Section 4 hereof and subject to the dispute provisions provided herein. CenturyLink may limit or modify the form(s) of payment that will be accepted from time to time, and shall not be obligated to accept card payments (e.g.: credit/debit/ATM cards) or any form of payment that reduces the net amount received by CenturyLink. Additional billing procedures for charges incurred by CLEC hereunder are set forth in Part J.
7.2. Subject to the terms of this Agreement, the Parties shall pay invoices within thirty (30) Days from the xxxx date shown on the invoice.
7.2.1. For invoices not paid when due, late payment charges will be assessed under Section 7.4.
7.2.2. If the payment due date is a Saturday, Sunday or a designated bank holiday, payment shall be made the next business day.
7.2.3. If an invoice is not paid within forty-five (45) Days after the xxxx date, CenturyLink may suspend processing new orders and cancel any pending orders.
7.2.4. If the account remains delinquent sixty (60) Days after the xxxx date, CenturyLink will terminate all services under this Agreement.
7.3. If the CLEC disputes any charges shown on an invoice, the following billing dispute procedures are the exclusive means for challenging such charges, and the failure by CLEC to follow such procedures will result in the suspension or termination of service for non-payment of invoiced amounts:
7.3.1. Any billing dispute must be submitted in writing, itemizing the particular charges that CLEC is challenging, and explaining in reasonable detail the specific grounds for disputing the validity or applicability of such charges.
7.3.2. Billing disputes must be submitted to the National Dispute Center on the billing dispute form designated by CenturyLink. The billing dispute form may be accompanied by any additional, relevant materials submitted by CLEC.
7.3.3. The payment due date of an invoice shall be suspended with respect to disputed amounts on such invoice, but only if a written, itemized dispute has been filed in compliance with Section 7.3 within thirty (30) Days of the xxxx date. Such payment due date for the disputed amounts shall remain suspended during negotiations between the Parties or pending a determination by the Commission under the dispute resolution provisions of Section 25.
7.3.4. Billing disputes that are submitted in a timely manner in compliance with Section 7.3 shall not have the effect of suspending the payment due date with respect to billed amounts that are not in dispute, notwithstanding the existence of a dispute with respect to other amounts billed on the same invoice.
7.3.5. The failure to submit a written dispute in compliance with Section 7.3 within thirty (30) Days of a xxxx date shall not preclude a Party from thereafter submitting a dispute or seeking a billing adjustment for any charges which have been paid, but any billing dispute which is not submitted within thirty (30) Days of a xxxx date or which is not submitted in writing in compliance with Section 7.3 shall not be effective to suspend the payment due date for the disputed amount or to prevent late charges and possible suspension or termination of service for non-payment of billed amounts in accordance with Section 7.2. Payment of billed amounts that are subsequently disputed or which become the subject of a request for adjustment shall not constitute or be deemed to represent a waiver of a Party’s Party‟s right to submit a dispute or seek an adjustment of such Party’s Party‟s account with respect to such paid amounts, and the paying Party shall not be required to designate any such payment as “conditional” or “under protest” in order to submit a dispute or seek a subsequent adjustment with respect to amounts which have previously been paid. A dispute which is filed more than thirty (30) Days after a xxxx date or a request for an account adjustment must be submitted in writing in the same manner as provided for inin Section 7.3 with respect to disputes, and such requests shall be subject to the Dispute Resolution provisions of this Agreement.
7.4. Late payment charges on invoices not paid when due (or any portion thereof which is not subject to a timely filed dispute) will be assessed until the amount due is paid in full, and shall be calculated using a rate equal to the lesser of the following:
7.4.1. the total amount due times the highest rate (in decimal value) which may be levied by law for commercial transactions, compounded daily for the number of days from the payment due date to and including the date CLEC actually makes the payment to CenturyLink, or
7.4.2. the total amount due multiplied by a factor of 0.000329 times the number of days which occurred between the payment due date and (including) the date CLEC actually makes the payment to CenturyLink.
7.5. CenturyLink shall credit CLEC for incorrect Connectivity Billing charges including without limitation: overcharges, services ordered or requested but not delivered, interrupted services, services of poor quality and installation problems if caused by CenturyLink. Such reimbursements shall be set forth in the appropriate section of the Connectivity Xxxx pursuant to CABS, or SECAB standards.
7.6. CenturyLink will xxxx XXXX for message provisioning and, if applicable, data tape charges related to exchange access records. CenturyLink will xxxx XXXX for the records at the rates on Table One. If CLEC requests additional copies of the monthly invoice, CenturyLink may also xxxx XXXX for the additional copies.
7.7. CenturyLink shall comply with various industry, OBF, and other standards referred to throughout this Agreement. CenturyLink will review any changes to industry standards, and implement the changes within the industry-defined window. CenturyLink will notify CLEC of any deviations to the standards.
7.8. Where Parties have established interconnection, CenturyLink and the CLEC agree to conform to MECAB and MECOD guidelines. They will exchange Billing Account Reference and Xxxx Account Cross Reference information and will coordinate Initial Billing Company/Subsequent Billing Company billing cycles. CenturyLink will provide CLEC the appropriate records to xxxx exchange access charges to the IXC. CenturyLink will capture EMI records for inward terminating calls and send them to CLEC, as appropriate, in a daily or other agreed upon interval, via and agreed upon media (e.
Appears in 1 contract
CHARGES, BILLING AND PAYMENT. 7.1. In consideration of the services provided by CenturyLink under this Agreement, CLEC shall pay the charges set forth in Part C applicable CenturyLink Tariff(s), as discounted by the percentages provided in Table One, and subject to the provisions of Section 4 hereof §§4.2 and subject to the dispute provisions provided herein. CenturyLink may limit or modify the form(s) of payment that will be accepted from time to time, and shall not be obligated to accept card payments (e.g.: credit/debit/ATM cards) or any form of payment that reduces the net amount received by CenturyLink. Additional billing procedures for charges incurred by CLEC hereunder are set forth in Part J.4.3 hereof.
7.2. Subject to the terms of this Agreement, the Parties shall pay invoices within thirty (30) Days from by the xxxx due date shown on the invoice.
7.2.1. For invoices not paid when due, late payment charges will be assessed under Section §7.4.
7.2.2. If the payment due date is a Saturday, Sunday or a designated bank holiday, payment shall be made the next business dayBusiness Day.
7.2.3. If an invoice is not paid within forty-five (45) Days after the xxxx bill date, CenturyLink may suspend processing new orders and cancel any pending orders.
7.2.4. If the account remains delinquent sixty (60) Days after the xxxx bill date, CenturyLink will terminate all services under this Agreement.
7.3. If the CLEC disputes any charges shown on an invoice, the following billing dispute procedures are the exclusive means for challenging such charges, and the failure by CLEC to follow such procedures will result in the suspension or termination of service for non-payment of invoiced amounts:
7.3.1. Any billing dispute must be submitted in writing, itemizing the particular charges that CLEC is challenging, and explaining in reasonable detail the specific grounds for disputing the validity or applicability of such charges.
7.3.2. Billing disputes must be submitted to the National Dispute Center on the billing dispute form designated by CenturyLink, along with any payment for undisputed charges that are shown on such invoice. The billing dispute form may be accompanied by any additional, relevant materials submitted by CLEC.
7.3.3. The payment due date of an invoice shall be suspended with respect to disputed amounts on such invoice, but only if a written, itemized dispute has been filed in compliance with Section §7.3 within thirty (30) Days of the xxxx bill date. Such payment due date for the disputed amounts shall remain suspended during negotiations between the Parties or pending a determination by the Commission under the dispute resolution provisions of Section 25§24.
7.3.4. Billing disputes that are submitted in a timely manner in compliance with Section §7.3 shall not have the effect of suspending the payment due date with respect to billed amounts that are not in dispute, notwithstanding the existence of a dispute with respect to other amounts billed on the same invoice.
7.3.5. The failure to submit a written dispute in compliance with Section 7.3 within thirty (30) Days of a xxxx date shall not preclude a Party from thereafter submitting a dispute or seeking a billing adjustment for any charges which have been paid, but any Any billing dispute which that is not submitted within thirty (30) Days of in a xxxx date timely manner or which is not submitted in writing in compliance with Section §7.3 shall not be effective to suspend the payment due date for the disputed amount or to prevent late charges and possible suspension or termination of service for non-payment of billed amounts amount in accordance with Section 7.2§7.2Error! Reference source not found..
7.3.6. The failure to submit a written dispute in compliance with §7.3 within thirty (30) Days of a bill date shall not preclude CLEC from thereafter submitting a dispute or seeking a billing adjustment for any charges. Payment of billed amounts that are subsequently disputed or which become the subject of a request for to adjustment shall not constitute or be deemed to represent a waiver of a Party’s right to submit a dispute or seek an adjustment of any such Party’s account with respect to such paid amountsdispute, and the paying Party CLEC shall not be required to designate any such payment as “conditional” or “under protest” in order to submit a invoke the dispute or seek a subsequent adjustment resolution provisions of §24 with respect to amounts which have previously been paidsuch amounts.
7.4. A dispute Late payment charges on invoices not paid when due (or any portion thereof which is not subject to a timely filed more than thirty dispute) will be assessed until the amount due is paid in full, and shall be calculated using a rate equal to the lesser of the following:
7.4.1. the total amount due times the highest rate (30in decimal value) Days after which may be levied by law for commercial transactions, compounded daily for the number of days from the payment due date to and including the date the customer actually makes the payment to CenturyLink, or
7.4.2. the total amount due multiplied by a xxxx factor of 0.000329 times the number of days which occurred between the payment due date or and (including) the date CLEC actually makes the payment to CenturyLink.
7.5. CenturyLink reserves the right to secure the account with a request for an account adjustment must be submitted suitable form of security deposit in writing in the same manner as provided for inaccordance with §33.1.
Appears in 1 contract
Samples: Master Resale Agreement
CHARGES, BILLING AND PAYMENT. 7.1. In consideration of the services provided by CenturyLink under this Agreement, CLEC shall pay the charges set forth in Part C applicable CenturyLink Tariff(s), as discounted by the percentages provided in Table One, and subject to the provisions of Section 4 hereof §§4.2 and subject to the dispute provisions provided herein. CenturyLink may limit or modify the form(s) of payment that will be accepted from time to time, and shall not be obligated to accept card payments (e.g.: credit/debit/ATM cards) or any form of payment that reduces the net amount received by CenturyLink. Additional billing procedures for charges incurred by CLEC hereunder are set forth in Part J.4.3 hereof.
7.2. Subject to the terms of this Agreement, the Parties shall pay invoices within thirty (30) Days from by the xxxx due date shown on the invoice.
7.2.1. For invoices not paid when due, late payment charges will be assessed under Section §7.4.
7.2.2. If the payment due date is a Saturday, Sunday or a designated bank holiday, payment shall be made the next business dayBusiness Day.
7.2.3. If an invoice is not paid within forty-five (45) Days after the xxxx bill date, CenturyLink may suspend processing new orders and cancel any pending orders.
7.2.4. If the account remains delinquent sixty (60) Days after the xxxx bill date, CenturyLink will terminate all services under this Agreement.
7.3. If the CLEC disputes any charges shown on an invoice, the following billing dispute procedures are the exclusive means for challenging such charges, and the failure by CLEC to follow such procedures will result in the suspension or termination of service for non-payment of invoiced amounts:
7.3.1. Any billing dispute must be submitted in writing, itemizing the particular charges that CLEC is challenging, and explaining in reasonable detail the specific grounds for disputing the validity or applicability of such charges.
7.3.2. Billing disputes must be submitted to the National Dispute Center on the billing dispute form designated by CenturyLink, along with any payment for undisputed charges that are shown on such invoice. The billing dispute form may be accompanied by any additional, relevant materials submitted by CLEC.
7.3.3. The payment due date of an invoice shall be suspended with respect to disputed amounts on such invoice, but only if a written, itemized dispute has been filed in compliance with Section §7.3 within thirty (30) Days of the xxxx bill date. Such payment due date for the disputed amounts shall remain suspended during negotiations between the Parties or pending a determination by the Commission under the dispute resolution provisions of Section 25§24.
7.3.4. Billing disputes that are submitted in a timely manner in compliance with Section §7.3 shall not have the effect of suspending the payment due date with respect to billed amounts that are not in dispute, notwithstanding the existence of a dispute with respect to other amounts billed on the same invoice.
7.3.5. The failure to submit a written dispute in compliance with Section 7.3 within thirty (30) Days of a xxxx date shall not preclude a Party from thereafter submitting a dispute or seeking a billing adjustment for any charges which have been paid, but any Any billing dispute which that is not submitted within thirty (30) Days of in a xxxx date timely manner or which is not submitted in writing in compliance with Section §7.3 shall not be effective to suspend the payment due date for the disputed amount or to prevent late charges and possible suspension or termination of service for non-payment of billed amounts amount in accordance with Section 7.2§7.2Error! Reference source not found.Error! Reference source not found..
7.3.6. The failure to submit a written dispute in compliance with §7.3 within thirty (30) Days of a bill date shall not preclude CLEC from thereafter submitting a dispute or seeking a billing adjustment for any charges. Payment of billed amounts that are subsequently disputed or which become the subject of a request for to adjustment shall not constitute or be deemed to represent a waiver of a Party’s right to submit a dispute or seek an adjustment of any such Party’s account with respect to such paid amountsdispute, and the paying Party CLEC shall not be required to designate any such payment as “conditional” or “under protest” in order to submit a invoke the dispute or seek a subsequent adjustment resolution provisions of §24 with respect to amounts which have previously been paidsuch amounts.
7.4. A dispute Late payment charges on invoices not paid when due (or any portion thereof which is not subject to a timely filed more than thirty dispute) will be assessed until the amount due is paid in full, and shall be calculated using a rate equal to the lesser of the following:
7.4.1. the total amount due times the highest rate (30in decimal value) Days after which may be levied by law for commercial transactions, compounded daily for the number of days from the payment due date to and including the date the customer actually makes the payment to CenturyLink, or
7.4.2. the total amount due multiplied by a xxxx factor of 0.000329 times the number of days which occurred between the payment due date or and (including) the date CLEC actually makes the payment to CenturyLink.
7.5. CenturyLink reserves the right to secure the account with a request for an account adjustment must be submitted suitable form of security deposit in writing in the same manner as provided for inaccordance with §33.1.
Appears in 1 contract
Samples: Master Resale Agreement
CHARGES, BILLING AND PAYMENT. 7.1. In consideration of the services provided by CenturyLink Embarq under this Agreement, CLEC shall pay the charges set forth in Part C subject to the provisions of Section 4 hereof and subject to the dispute provisions provided herein. CenturyLink may limit or modify the form(s) of payment that will be accepted from time to time, and shall not be obligated to accept card payments (e.g.: credit/debit/ATM cards) or any form of payment that reduces the net amount received by CenturyLink. Additional billing procedures for charges incurred by CLEC hereunder are set forth in Part J.
7.2. Subject to the terms of this Agreement, the Parties shall pay invoices within thirty (30) Days from the xxxx bill date shown on the invoice.
7.2.1. For invoices not paid when due, late payment charges will be assessed under Section 7.4.
7.2.2. If the payment due date is a Saturday, Sunday or a designated bank holiday, payment shall be made the next business day.
7.2.3. If an invoice is not paid within forty-five (45) Days after the xxxx bill date, CenturyLink Embarq may suspend processing new orders and cancel any pending orders.
7.2.4. If the account remains delinquent sixty (60) Days after the xxxx bill date, CenturyLink Embarq will terminate all services under this Agreement.
7.3. If the CLEC disputes any charges shown on an invoice, the following billing dispute procedures are the exclusive means for challenging such charges, and the failure by CLEC to follow such procedures will result in the suspension or termination of service for non-payment of invoiced amounts:amounts:
7.3.1. Any billing dispute must be submitted in writing, itemizing the particular charges that CLEC is challenging, and explaining in reasonable detail the specific grounds for disputing the validity or applicability of such charges.
7.3.2. Billing disputes must be submitted to the National Dispute Center on the billing dispute form designated by CenturyLinkEmbarq, along with any payment for undisputed charges that are shown on such invoice. The billing dispute form may be accompanied by any additional, relevant materials submitted by CLEC.
7.3.3. The payment due date of an invoice shall be suspended with respect to disputed amounts on such invoice, but only if a written, itemized dispute has been filed in compliance with Section 7.3 within thirty (30) Days of the xxxx bill date. Such payment due date for the disputed amounts shall remain suspended during negotiations between the Parties or pending a determination by the Commission under the dispute resolution provisions of Section 25.
7.3.4. Billing disputes that are submitted in a timely manner in compliance with Section 7.3 shall not have the effect of suspending the payment due date with respect to billed amounts that are not in dispute, notwithstanding the existence of a dispute with respect to other amounts billed on the same invoice.
7.3.5. The failure to submit a written dispute in compliance with Section 7.3 within thirty (30) Days of a xxxx bill date shall not preclude a Party from thereafter submitting a dispute or seeking a billing adjustment for any charges which have been paid, but any billing dispute which is not submitted within thirty (30) Days of a xxxx bill date or which is not submitted in writing in compliance with Section 7.3 shall not be effective to suspend the payment due date for the disputed amount or to prevent late charges and possible suspension or termination of service for non-non- payment of billed amounts in accordance with Section 7.2. Payment of billed amounts that are subsequently disputed or which become the subject of a request for adjustment shall not constitute or be deemed to represent a waiver of a Party’s right to submit a dispute or seek an adjustment of such Party’s account with respect to such paid amounts, and the paying Party shall not be required to designate any such payment as “conditional” or “under protest” in order to submit a dispute or seek a subsequent adjustment with respect to amounts which have previously been paid. A dispute which is filed more than thirty (30) Days after a xxxx bill date or a request for an account adjustment must be submitted in writing in the same manner as provided for inin Section 7.3 with respect to disputes, and such requests shall be subject to the Dispute Resolution provisions of this Agreement.
7.4. Late payment charges on invoices not paid when due (or any portion thereof which is not subject to a timely filed dispute) will be assessed until the amount due is paid in full, and shall be calculated using a rate equal to the lesser of the following:
7.4.1. the total amount due times the highest rate (in decimal value) which may be levied by law for commercial transactions, compounded daily for the number of days from the payment due date to and including the date CLEC actually makes the payment to Embarq, or
7.4.2. the total amount due multiplied by a factor of 0.000329 times the number of days which occurred between the payment due date and (including) the date CLEC actually makes the payment to Embarq.
7.5. Embarq shall credit CLEC for incorrect Connectivity Billing charges including without limitation: overcharges, services ordered or requested but not delivered, interrupted services, services of poor quality and installation problems if caused by Embarq. Such reimbursements shall be set forth in the appropriate section of the Connectivity Bill pursuant to CABS, or SECAB standards.
7.6. Embarq will xxxx XXXX for message provisioning and, if applicable, data tape charges related to exchange access records. Embarq will xxxx XXXX for the records at the rates on Table One. If CLEC requests additional copies of the monthly invoice, Embarq may also xxxx XXXX for the additional copies.
7.7. Embarq shall comply with various industry, OBF, and other standards referred to throughout this Agreement. Embarq will review any changes to industry standards, and implement the changes within the industry-defined window. Embarq will notify CLEC of any deviations to the standards.
7.8. Where Parties have established interconnection, Embarq and the CLEC agree to conform to MECAB and MECOD guidelines. They will exchange Billing Account Reference and Xxxx Account Cross Reference information and will coordinate Initial Billing Company/Subsequent Billing Company billing cycles. Embarq will provide CLEC the appropriate records to bill exchange access charges to the IXC. Embarq will capture EMI records for inward terminating calls and send them to CLEC, as appropriate, in a daily or other agreed upon interval, via and agreed upon media (e.
Appears in 1 contract
CHARGES, BILLING AND PAYMENT. 7.1. In consideration of the services provided by CenturyLink under this Agreement, CLEC shall pay the charges set forth in Part C applicable CenturyLink Tariff(s), as discounted by the percentages provided in Table One, and subject to the provisions of Section 4 hereof §§4.2 and subject to the dispute provisions provided herein. CenturyLink may limit or modify the form(s) of payment that will be accepted from time to time, and shall not be obligated to accept card payments (e.g.: credit/debit/ATM cards) or any form of payment that reduces the net amount received by CenturyLink. Additional billing procedures for charges incurred by CLEC hereunder are set forth in Part J.4.3 hereof.
7.2. Subject to the terms of this Agreement, the Parties shall pay invoices within thirty (30) Days from by the xxxx due date shown on the invoice.
7.2.1. For invoices not paid when due, late payment charges will be assessed under Section §7.4.
7.2.2. If the payment due date is a Saturday, Sunday or a designated bank holiday, payment shall be made the next business dayBusiness Day.
7.2.3. If an invoice is not paid within forty-five (45) Days after the xxxx bill date, CenturyLink may suspend processing new orders and cancel any pending orders.
7.2.4. If the account remains delinquent sixty (60) Days after the xxxx bill date, CenturyLink will terminate all services under this Agreement.
7.3. If the CLEC disputes any charges shown on an invoice, the following billing dispute procedures are the exclusive means for challenging such charges, and the failure by CLEC to follow such procedures will result in the suspension or termination of service for non-payment of invoiced amounts:
7.3.1. Any billing dispute must be submitted in writing, itemizing the particular charges that CLEC is challenging, and explaining in reasonable detail the specific grounds for disputing the validity or applicability of such charges.
7.3.2. Billing disputes must be submitted to the National Dispute Center on the billing dispute form designated by CenturyLink, along with any payment for undisputed charges that are shown on such invoice. The billing dispute form may be accompanied by any additional, relevant materials submitted by CLEC.
7.3.3. The payment due date of an invoice shall be suspended with respect to disputed amounts on such invoice, but only if a written, itemized dispute has been filed in compliance with Section §7.3 within thirty (30) Days of the xxxx bill date. Such payment due date for the disputed amounts shall remain suspended during negotiations between the Parties or pending a determination by the Commission under the dispute resolution provisions of Section 25§24.
7.3.4. Billing disputes that are submitted in a timely manner in compliance with Section §7.3 shall not have the effect of suspending the payment due date with respect to billed amounts that are not in dispute, notwithstanding the existence of a dispute with respect to other amounts billed on the same invoice.
7.3.5. The failure to submit a written dispute in compliance with Section 7.3 within thirty (30) Days of a xxxx date shall not preclude a Party from thereafter submitting a dispute or seeking a billing adjustment for any charges which have been paid, but any Any billing dispute which that is not submitted within thirty (30) Days of in a xxxx date timely manner or which is not submitted in writing in compliance with Section §7.3 shall not be effective to suspend the payment due date for the disputed amount or to prevent late charges and possible suspension or termination of service for non-non- payment of billed amounts amount in accordance with Section 7.2§7.2Error! Reference source not found..
7.3.6. The failure to submit a written dispute in compliance with §7.3 within thirty (30) Days of a bill date shall not preclude CLEC from thereafter submitting a dispute or seeking a billing adjustment for any charges. Payment of billed amounts that are subsequently disputed or which become the subject of a request for to adjustment shall not constitute or be deemed to represent a waiver of a Party’s right to submit a dispute or seek an adjustment of any such Party’s account with respect to such paid amountsdispute, and the paying Party CLEC shall not be required to designate any such payment as “conditional” or “under protest” in order to submit a invoke the dispute or seek a subsequent adjustment resolution provisions of §24 with respect to amounts which have previously been paidsuch amounts.
7.4. A dispute Late payment charges on invoices not paid when due (or any portion thereof which is not subject to a timely filed more than thirty dispute) will be assessed until the amount due is paid in full, and shall be calculated using a rate equal to the lesser of the following:
7.4.1. the total amount due times the highest rate (30in decimal value) Days after which may be levied by law for commercial transactions, compounded daily for the number of days from the payment due date to and including the date the customer actually makes the payment to CenturyLink, or
7.4.2. the total amount due multiplied by a xxxx factor of 0.000329 times the number of days which occurred between the payment due date or and (including) the date CLEC actually makes the payment to CenturyLink.
7.5. CenturyLink reserves the right to secure the account with a request for an account adjustment must be submitted suitable form of security deposit in writing in the same manner as provided for inaccordance with §33.1.
Appears in 1 contract
Samples: Master Resale Agreement
CHARGES, BILLING AND PAYMENT. 7.1. In consideration of the services provided by CenturyLink Embarq under this Agreement, CLEC shall pay the charges set forth in Part C subject to the provisions of Section 4 hereof and subject to the dispute provisions provided herein. CenturyLink Embarq may limit or modify the form(s) of payment that will be accepted from time to time, and shall not be obligated to accept card payments (e.g.: credit/debit/ATM cards) or any form of payment that reduces the net amount received by CenturyLinkEmbarq. Additional billing procedures for charges incurred by CLEC hereunder are set forth in Part J.
7.2. Subject to the terms of this Agreement, the Parties shall pay invoices within thirty (30) Days from the xxxx bill date shown on the invoice.
7.2.1. For invoices not paid when due, late payment charges will be assessed under Section 7.4.
7.2.2. If the payment due date is a Saturday, Sunday or a designated bank holiday, payment shall be made the next business day.
7.2.3. If an invoice is not paid within forty-five (45) Days after the xxxx bill date, CenturyLink Embarq may suspend processing new orders and cancel any pending orders.
7.2.4. If the account remains delinquent sixty (60) Days after the xxxx bill date, CenturyLink Embarq will terminate all services under this Agreement.
7.3. If the CLEC disputes any charges shown on an invoice, the following billing dispute procedures are the exclusive means for challenging such charges, and the failure by CLEC to follow such procedures will result in the suspension or termination of service for non-payment of invoiced amounts:
7.3.1. Any billing dispute must be submitted in writing, itemizing the particular charges that CLEC is challenging, and explaining in reasonable detail the specific grounds for disputing the validity or applicability of such charges.
7.3.2. Billing disputes must be submitted to the National Dispute Center on the billing dispute form designated by CenturyLinkEmbarq. The billing dispute form may be accompanied by any additional, relevant materials submitted by CLEC.
7.3.3. The payment due date of an invoice shall be suspended with respect to disputed amounts on such invoice, but only if a written, itemized dispute has been filed in compliance with Section 7.3 within thirty (30) Days of the xxxx bill date. Such payment due date for the disputed amounts shall remain suspended during negotiations between the Parties or pending a determination by the Commission under the dispute resolution provisions of Section 25.
7.3.4. Billing disputes that are submitted in a timely manner in compliance with Section 7.3 shall not have the effect of suspending the payment due date with respect to billed amounts that are not in dispute, notwithstanding the existence of a dispute with respect to other amounts billed on the same invoice.
7.3.5. The failure to submit a written dispute in compliance with Section 7.3 within thirty (30) Days of a xxxx bill date shall not preclude a Party from thereafter submitting a dispute or seeking a billing adjustment for any charges which have been paid, but any billing dispute which is not submitted within thirty (30) Days of a xxxx bill date or which is not submitted in writing in compliance with Section 7.3 shall not be effective to suspend the payment due date for the disputed amount or to prevent late charges and possible suspension or termination of service for non-payment of billed amounts in accordance with Section 7.2. Payment of billed amounts that are subsequently disputed or which become the subject of a request for adjustment shall not constitute or be deemed to represent a waiver of a Party’s right to submit a dispute or seek an adjustment of such Party’s account with respect to such paid amounts, and the paying Party shall not be required to designate any such payment as “conditional” or “under protest” in order to submit a dispute or seek a subsequent adjustment with respect to amounts which have previously been paid. A dispute which is filed more than thirty (30) Days after a xxxx bill date or a request for an account adjustment must be submitted in writing in the same manner as provided for inin Section 7.3 with respect to disputes, and such requests shall be subject to the Dispute Resolution provisions of this Agreement.
7.4. Late payment charges on invoices not paid when due (or any portion thereof which is not subject to a timely filed dispute) will be assessed until the amount due is paid in full, and shall be calculated using a rate equal to the lesser of the following:
7.4.1. the total amount due times the highest rate (in decimal value) which may be levied by law for commercial transactions, compounded daily for the number of days from the payment due date to and including the date CLEC actually makes the payment to Embarq, or
7.4.2. the total amount due multiplied by a factor of 0.000329 times the number of days which occurred between the payment due date and (including) the date CLEC actually makes the payment to Embarq.
7.5. Embarq shall credit CLEC for incorrect Connectivity Billing charges including without limitation: overcharges, services ordered or requested but not delivered, interrupted services, services of poor quality and installation problems if caused by Embarq. Such reimbursements shall be set forth in the appropriate section of the Connectivity Bill pursuant to CABS, or SECAB standards.
7.6. Embarq will xxxx XXXX for message provisioning and, if applicable, data tape charges related to exchange access records. Embarq will xxxx XXXX for the records at the rates on Table One. If CLEC requests additional copies of the monthly invoice, Embarq may also xxxx XXXX for the additional copies.
7.7. Embarq shall comply with various industry, OBF, and other standards referred to throughout this Agreement. Embarq will review any changes to industry standards, and implement the changes within the industry-defined window. Embarq will notify CLEC of any deviations to the standards.
7.8. Where Parties have established interconnection, Embarq and the CLEC agree to conform to MECAB and MECOD guidelines. They will exchange Billing Account Reference and Xxxx Account Cross Reference information and will coordinate Initial Billing Company/Subsequent Billing Company billing cycles. Embarq will provide CLEC the appropriate records to bill exchange access charges to the IXC. Embarq will capture EMI records for inward terminating calls and send them to CLEC, as appropriate, in a daily or other agreed upon interval, via and agreed upon media (e.
Appears in 1 contract
CHARGES, BILLING AND PAYMENT. 7.1. In consideration of the services provided by CenturyLink Embarq under this Agreement, CLEC shall pay the charges set forth in Part C subject to the provisions of Section 4 hereof and subject to the dispute provisions provided herein. CenturyLink may limit or modify the form(s) of payment that will be accepted from time to time, and shall not be obligated to accept card payments (e.g.: credit/debit/ATM cards) or any form of payment that reduces the net amount received by CenturyLink. Additional billing procedures for charges incurred by CLEC hereunder are set forth in Part J.
7.2. Subject to the terms of this Agreement, the Parties shall pay invoices within thirty (30) Days from the xxxx date shown on the invoice.
7.2.1. For invoices not paid when due, late payment charges will be assessed under Section 7.4.
7.2.2. If the payment due date is a Saturday, Sunday or a designated bank holiday, payment shall be made the next business day.
7.2.3. If an invoice is not paid within forty-five (45) Days after the xxxx date, CenturyLink Embarq may suspend processing new orders and cancel any pending orders.
7.2.4. If the account remains delinquent sixty (60) Days after the xxxx date, CenturyLink Embarq will terminate all services under this Agreement.
7.3. If the CLEC disputes any charges shown on an invoice, the following billing dispute procedures are the exclusive means for challenging such charges, and the failure by CLEC to follow such procedures will result in the suspension or termination of service for non-payment of invoiced amounts:
7.3.1. Any billing dispute must be submitted in writing, itemizing the particular charges that CLEC is challenging, and explaining in reasonable detail the specific grounds for disputing the validity or applicability of such charges.
7.3.2. Billing disputes must be submitted to the National Dispute Center on the billing dispute form designated by CenturyLinkEmbarq. The billing dispute form may be accompanied by any additional, relevant materials submitted by CLEC.
7.3.3. The payment due date of an invoice shall be suspended with respect to disputed amounts on such invoice, but only if a written, itemized dispute has been filed in compliance with Section 7.3 within thirty (30) Days of the xxxx date. Such payment due date for the disputed amounts shall remain suspended during negotiations between the Parties or pending a determination by the Commission under the dispute resolution provisions of Section 25.
7.3.4. Billing disputes that are submitted in a timely manner in compliance with Section 7.3 shall not have the effect of suspending the payment due date with respect to billed amounts that are not in dispute, notwithstanding the existence of a dispute with respect to other amounts billed on the same invoice.
7.3.5. The failure to submit a written dispute in compliance with Section 7.3 within thirty (30) Days of a xxxx date shall not preclude a Party from thereafter submitting a dispute or seeking a billing adjustment for any charges which have been paid, but any billing dispute which is not submitted within thirty (30) Days of a xxxx date or which is not submitted in writing in compliance with Section 7.3 shall not be effective to suspend the payment due date for the disputed amount or to prevent late charges and possible suspension or termination of service for non-payment of billed amounts in accordance with Section 7.2. Payment of billed amounts that are subsequently disputed or which become the subject of a request for adjustment shall not constitute or be deemed to represent a waiver of a Party’s right to submit a dispute or seek an adjustment of such Party’s account with respect to such paid amounts, and the paying Party shall not be required to designate any such payment as “conditional” or “under protest” in order to submit a dispute or seek a subsequent adjustment with respect to amounts which have previously been paid. A dispute which is filed more than thirty (30) Days after a xxxx date or a request for an account adjustment must be submitted in writing in the same manner as provided for inin Section 7.3 with respect to disputes, and such requests shall be subject to the Dispute Resolution provisions of this Agreement.
7.4. Late payment charges on invoices not paid when due (or any portion thereof which is not subject to a timely filed dispute) will be assessed until the amount due is paid in full, and shall be calculated using a rate equal to the lesser of the following:
7.4.1. the total amount due times the highest rate (in decimal value) which may be levied by law for commercial transactions, compounded daily for the number of days from the payment due date to and including the date CLEC actually makes the payment to Embarq, or
7.4.2. the total amount due multiplied by a factor of 0.000329 times the number of days which occurred between the payment due date and (including) the date CLEC actually makes the payment to Embarq.
7.5. Embarq shall credit CLEC for incorrect Connectivity Billing charges including without limitation: overcharges, services ordered or requested but not delivered, interrupted services, services of poor quality and installation problems if caused by Embarq. Such reimbursements shall be set forth in the appropriate section of the Connectivity Xxxx pursuant to CABS, or SECAB standards.
7.6. Embarq will xxxx XXXX for message provisioning and, if applicable, data tape charges related to exchange access records. Embarq will xxxx XXXX for the records at the rates on Table One. If CLEC requests additional copies of the monthly invoice, Embarq may also xxxx XXXX for the additional copies.
7.7. Embarq shall comply with various industry, OBF, and other standards referred to throughout this Agreement. Embarq will review any changes to industry standards, and implement the changes within the industry-defined window. Embarq will notify CLEC of any deviations to the standards.
7.8. Where Parties have established interconnection, Embarq and the CLEC agree to conform to MECAB and MECOD guidelines. They will exchange Billing Account Reference and Xxxx Account Cross Reference information and will coordinate Initial Billing Company/Subsequent Billing Company billing cycles. Embarq will provide CLEC the appropriate records to xxxx exchange access charges to the IXC. Embarq will capture EMI records for inward terminating calls and send them to CLEC, as appropriate, in a daily or other agreed upon interval, via and agreed upon media (e.
Appears in 1 contract
CHARGES, BILLING AND PAYMENT. 7.1. In consideration of the services provided by CenturyLink under this Agreement, CLEC shall pay the charges set forth in Part C subject to the provisions of Section 4 hereof and subject to the dispute provisions provided herein. CenturyLink may limit or modify the form(s) of payment that will be accepted from time to time, and shall not be obligated to accept card payments (e.g.: credit/debit/ATM cards) or any form of payment that reduces the net amount received by CenturyLink. Additional billing procedures for charges incurred by CLEC hereunder are set forth in Part J.
7.2. Subject to the terms of this Agreement, the Parties shall pay invoices within thirty (30) Days from the xxxx bill date shown on the invoice.invoice.
7.2.1. For invoices not paid when due, late payment charges will be assessed under Section 7.4.
7.2.2. If the payment due date is a Saturday, Sunday or a designated bank holiday, payment shall be made the next business day.
7.2.3. If an invoice is not paid within forty-five (45) Days after the xxxx bill date, CenturyLink may suspend processing new orders and cancel any pending orders.
7.2.4. If the account remains delinquent sixty (60) Days after the xxxx bill date, CenturyLink will terminate all services under this Agreement.
7.3. If the CLEC disputes any charges shown on an invoice, the following billing dispute procedures are the exclusive means for challenging such charges, and the failure by CLEC to follow such procedures will result in the suspension or termination of service for non-payment of invoiced amounts:amounts:
7.3.1. Any billing dispute must be submitted in writing, itemizing the particular charges that CLEC is challenging, and explaining in reasonable detail the specific grounds for disputing the validity or applicability of such charges.
7.3.2. Billing disputes must be submitted to the National Dispute Center on the billing dispute form designated by CenturyLink. The billing dispute form may be accompanied by any additional, relevant materials submitted by CLEC.
7.3.3. The payment due date of an invoice shall be suspended with respect to disputed amounts on such invoice, but only if a written, itemized dispute has been filed in compliance with Section 7.3 within thirty (30) Days of the xxxx bill date. Such payment due date for the disputed amounts shall remain suspended during negotiations between the Parties or pending a determination by the Commission under the dispute resolution provisions of Section 25.
7.3.4. Billing disputes that are submitted in a timely manner in compliance with Section 7.3 shall not have the effect of suspending the payment due date with respect to billed amounts that are not in dispute, notwithstanding the existence of a dispute with respect to other amounts billed on the same invoice.
7.3.5. The failure to submit a written dispute in compliance with Section 7.3 within thirty (30) Days of a xxxx bill date shall not preclude a Party from thereafter submitting a dispute or seeking a billing adjustment for any charges which have been paid, but any billing dispute which is not submitted within thirty (30) Days of a xxxx bill date or which is not submitted in writing in compliance with Section 7.3 shall not be effective to suspend the payment due date for the disputed amount or to prevent late charges and possible suspension or termination of service for non-payment of billed amounts in accordance with Section 7.2. Payment of billed amounts that are subsequently disputed or which become the subject of a request for adjustment shall not constitute or be deemed to represent a waiver of a Party’s right to submit a dispute or seek an adjustment of such Party’s account with respect to such paid amounts, and the paying Party shall not be required to designate any such payment as “conditional” or “under protest” in order to submit a dispute or seek a subsequent adjustment with respect to amounts which have previously been paid. A dispute which is filed more than thirty (30) Days after a xxxx bill date or a request for an account adjustment must be submitted in writing in the same manner as provided for in
Appears in 1 contract
CHARGES, BILLING AND PAYMENT. 7.1. In consideration of the services provided by CenturyLink Embarq under this Agreement, CLEC shall pay the charges set forth in Part C subject to the provisions of Section 4 hereof and subject to the dispute provisions provided herein. CenturyLink may limit or modify the form(s) of payment that will be accepted from time to time, and shall not be obligated to accept card payments (e.g.: credit/debit/ATM cards) or any form of payment that reduces the net amount received by CenturyLink. Additional billing procedures for charges incurred by CLEC hereunder are set forth in Part J.
7.2. Subject to the terms of this Agreement, the Parties shall pay invoices within thirty (30) Days from the xxxx bill date shown on the invoice.
7.2.1. For invoices not paid when due, late payment charges will be assessed under Section 7.4.
7.2.2. If the payment due date is a Saturday, Sunday or a designated bank holiday, payment shall be made the next business day.
7.2.3. If an invoice is not paid within forty-five (45) Days after the xxxx datebill date stated on the invoice, CenturyLink Embarq may suspend processing new orders and cancel any pending orders, subject to Section 7.2.5 below.
7.2.4. If the account remains delinquent sixty (60) Days after the xxxx datebill date stated on the invoice, CenturyLink Embarq will terminate all services under this Agreement, subject to Section 7.2.5 below.
7.2.5. If an invoice is not rendered within 3 days of the bill date stated on the invoice, then the time periods stated in Sections 7.2.1, 7.2.3 and 7.2.4 for assessing late payment charges, suspending orders or terminating service for non-payment shall be extended by one day for each day beyond such third day that elapses until the invoice has actually been rendered.
7.3. If the CLEC disputes any charges shown on an invoice, the following billing dispute procedures are provide the exclusive means for challenging such charges, and the any material failure by CLEC to follow such procedures will may result in the suspension or termination of service for non-payment of invoiced amounts:
7.3.1. Any billing dispute must be submitted in writing, itemizing the particular charges that CLEC is challenging, and explaining in reasonable detail the specific grounds for disputing the validity or applicability of such charges.
7.3.2. Billing disputes must be submitted to the National Dispute Center on the billing dispute form designated by CenturyLinkEmbarq, along with any payment for undisputed charges that are shown on such invoice. The billing dispute form may be accompanied by any additional, relevant materials submitted by CLEC.
7.3.3. The payment due date of an invoice shall be suspended with respect to disputed amounts on such invoice, but only if a written, itemized dispute has been filed in compliance with Section 7.3 within thirty (30) Days of the xxxx dateBill Date. Such payment due date for the disputed amounts shall remain suspended during negotiations between the Parties or pending a determination by the Commission under the dispute resolution provisions of Section 25.
7.3.4. Billing disputes that are submitted in a timely manner in compliance with Section 7.3 shall not have the effect of suspending the payment due date with respect to billed amounts that are not in dispute, notwithstanding the existence of a dispute with respect to other amounts billed on the same invoice.
7.3.5. The failure to submit a written dispute in compliance with Section 7.3 within thirty (30) Days of a xxxx date Bill Date shall not preclude a Party from thereafter submitting a dispute or seeking a billing adjustment for any charges which have been paid, but any billing dispute which is not submitted within thirty (30) Days of a xxxx date Bill Date or which is not submitted in writing in compliance with Section 7.3 shall not be effective to suspend the payment due date for the disputed amount or to prevent late charges and possible suspension or termination of service for non-payment of billed amounts in accordance with Section 7.2. Payment of billed amounts that are subsequently disputed or which become the subject of a request for adjustment shall not constitute or be deemed to represent a waiver of a Party’s right to submit a dispute or seek an adjustment of such Party’s account with respect to such paid amounts, and the paying Party shall not be required to designate any such payment as “conditional” or “under protest” in order to submit a dispute or seek a subsequent adjustment with respect to amounts which have previously been paid. A dispute which is filed more than thirty (30) Days after a xxxx date Bill Date or a request for an account adjustment must be submitted in writing in the same manner as provided for inin Section 7.3 with respect to disputes, and such requests shall be subject to the Dispute Resolution provisions of this Agreement. Notwithstanding the foregoing, neither Party shall bill the other Party for charges for service incurred under this Agreement more than twelve (12) months after the service is provided to the billed Party, nor shall either Party submit billing disputes or requests for billing adjustments for services provided under this Agreement more than twelve (12) months after receipt of the invoice to which such disputes or adjustments would pertain.
7.4. Late payment charges on invoices not paid when due (or any portion thereof which is not subject to a timely filed dispute) will be assessed until the amount due is paid in full, and shall be calculated using a rate equal to the lesser of the following:
7.4.1. the total amount due times the highest rate (in decimal value) which may be levied by law for commercial transactions, compounded daily for the number of days from the payment due date to and including the date the CLEC actually makes the payment to Embarq, or
7.4.2. the total amount due multiplied by a factor of 0.000329 times the number of days which occurred between the payment due date and (including) the date CLEC actually makes the payment to Embarq.
7.5. Embarq shall credit CLEC for incorrect Connectivity Billing charges including without limitation: overcharges, services ordered or requested but not delivered, interrupted services, services of poor quality and installation problems if caused by Embarq. Such reimbursements shall be set forth in the appropriate section of the Connectivity Bill pursuant to CABS or SECAB standards.
7.6. Embarq will xxxx XXXX for message provisioning and, if applicable, data tape charges related to exchange access records. Embarq will xxxx XXXX for the records at the rates on Table One. If CLEC requests additional copies of the monthly invoice, Embarq may also xxxx XXXX for the additional copies.
7.7. Embarq shall comply with various industry, OBF, and other standards referred to throughout this Agreement. Embarq will review any changes to industry standards, and implement the changes within the industry-defined window. Embarq will notify CLEC of any deviations to the standards.
7.8. Where Parties have established interconnection, Embarq and the CLEC agree to conform to MECAB and MECOD guidelines. They will exchange Billing Account Reference and Xxxx Account Cross Reference information and will coordinate Initial Billing Company/Subsequent Billing Company billing cycles. Embarq will provide CLEC the appropriate records to bill exchange access charges to the IXC. Embarq will capture EMI records for inward terminating calls and send them to CLEC, as appropriate, in a daily or other agreed upon interval, via an agreed upon media (e.
Appears in 1 contract
Samples: Interconnection Agreement
