Refund Policy

Last updated September 14, 2008

Allowances for Interruptions in Service

Upon the written request of the Customer, delivered to the Company no later than thirty (30) days following the date of service interruption, a credit allowance will be given when service is interrupted, except as specified in Section 2 below. A service is interrupted when it becomes inoperative to the Customer, e.g., the Customer is unable to transmit or receive a signal, because of a failure of a component furnished by the Company.

An interruption period begins when the Customer reports to the Company that a service is inoperative and, if necessary, releases it for testing and repair by the Company, as determined in its sole and reasonable discretion. An interruption period ends when the service is operative.

If the Customer reports a service to be interrupted but declines to release it for testing and repair, (or, in the case of the purchase or lease of Company's hardware, refuses access to its premises for test and repair by the Company), or continues to make voluntary use of the service, the service, facility or circuit is considered to be impaired but not interrupted. No credit allowances will be made for a service, facility or circuit considered by the Company to be impaired.

The Customer shall be responsible for the payment of service charges for visits by the Company's agents or employees to the premises of the Customer when the service difficulty or trouble report results from the use of equipment or facilities provided by any party other than the Company, including but not limited to the Customer.

Limitations of Allowances

No credit allowance will be made for any interruption in service:

1. due to the negligence of any person or entity other than the Company, including but not limited to the Customer;
2. due to the failure of power, equipment, systems, connections or services not provided by the Company;
3. due to circumstances or causes beyond the reasonable control of the Company;
4. during any period in which the Company is not given full and free access to its facilities and equipment for the purposes of investigating and correcting interruptions;
5. during any period when the Customer has released service to the Company for maintenance purposes or for implementation of a Customer order for a change in service arrangements;
6. that occurs or continues due to the Customer's failure to authorize any necessary hardware or software replacement; and that was not reported to the Company within 30 days of the date that service was affected.

Use of Another Service

If the Customer elects to use another service during the period of interruption, the Customer must pay the charges for the alternative service used.

Application of Credits for Interruptions in Service

Except as provided in Sections 1, 2 and 3, above, if a Customer's service is interrupted, and it remains interrupted for eight normal working hours or longer after the service is reported to be out of order, appropriate adjustments or refunds shall be made to the Customer, when such adjustment exceeds $1.00.

The amount of adjustment or refund shall be determined on the basis of the known period of interruption, generally beginning from the time the service interruption is first reported. The refund to the Customer shall be a pro rata part of the month's flat rate charges (if any) for the period of days and that portion of the service facilities rendered useless or inoperative. The refund may be accomplished by a credit on a subsequent bill for the service.

For purposes of credit computation every month shall be considered to have seven hundred and twenty (720) hours. For services with a monthly recurring charge, no credit shall be allowed for an interruption of continuous duration of less than eight (8) hours. The Customer shall be credited for an interruption of eight (8) or more hours at the rate of 1/720th of the monthly charge for the services affected for each day that the interruption continues. The formula used for computation of credits is as follows:

Credit = A/720 x B
A = outage time in hours (must be 8 or more)
B = total monthly recurring charge for affected service.

No credits will be provided for usage sensitive services.