REGULATIONS AND CHARGES APPLICABLE TO THE SPECIALIZED COMMON CARRIER SERVICES PROVIDED BY AMERICAN TELEGRAM ® BETWEEN VARIOUS LOCATIONS WITHIN THE UNITED STATES. SERVICE IS PROVIDED BY MEANS OF WIRE, RADIO, AND SATELLITE TRANSMISSION, OR ANY COMBINATION THEREOF, SUBJECT TO TRANSMISSION, ATMOSPHERIC, AND LIKE CONDITIONS.
TABLE OF CONTENTS
SECTION 2 - RULES AND REGULATIONS
2.1.2 Agent Carrier Non-Vendor Relationship
2.1.3 Agent Paid Commissions Invoice Collection Prohibition
2.1.4 Agent Disputes and Claims
2.1.5 Agents Required to Adhere to Rules
2.1.6 Bonus at Company’s Discretion
2.2.1 Service Subject to the Availability
2.2.2 Carrier’s Right to Limit and Discontinue Service
2.2.3 Carrier not Liable for Errors or Failures
2.2.4 Messages Must be Legible and Intelligible
2.2.6 Look-Up Address Correction; Carrier Cannot Guarantee: Accuracy - Obtaining Signatures
2.2.7 Carrier Cannot Guarantee Delivery Times, Services
2.2.8 Services May Only be Used for Transmission Consistent with the Tariff and FCC
2.2.9 Services Shall not be Used for Unlawful Purposes
2.2.10 Carrier’s Time Date Stamp a Lawful Record of Message Filing Time
2.2.11 Service Subject to Recipient’s Correct Address; Carrier not Liable for Incorrect Addresses.
2.3.1 Liability Shall Not Exceed Amount of Proportionate Charge
2.3.2 Carrier Shall Not be Liable for Loss, etc Caused by Others
2.3.3 Carrier Shall Not be Liable and be Fully Indemnified and Held Harmless
2.3.4 Carrier Not Liable: Foreign Correspondent Act or Omission Beyond Proportionate Charge
2.3.5 Carrier Not Liable for Damage Caused by Service or Equipment Not Furnished by Carrier
2.3.6 Failure to Provide Service Excused by Circumstances Beyond Carrier’s Reasonable Control
2.3.7 No Warranty or Implied Warranty of Merchantability and Fitness for a Particular Carrier
2.4.1 Charges due Upon Filing of Service
2.4.2 Right to Immediate Payment
2.4.4 Charge for Past Due Amounts
2.4.5 Carrier May Bill Services and Outstanding Balance
2.4.6 Carrier May Place Charges on Telephone Bill or Debit Bank Account for Nonpayment
2.4.7 Disputed Charges Sustained
2.4.8 Carrier May Issue Refund Checks
SECTION 3 - DESCRIPTION OF SERVICES
3.2 Consumer Services (Non-Subscriber)
3.2.1 Telegram (Priority Access ® Telegram)
3.2.2 Delayed Telegram or Overnight Telegram (Overnight Letter sm, Night Letter sm)
3.2.6 Two Day Message (Zipgram ®)
3.2.9 Dictated Fax sm (Electronic Transmission)
3.2.10 Fax Transmitting and Receiving (Over the Counter)
3.2.13 Special Announcement Telegram (Wakeup Gram and Reminder Gram)
3.3.1 1+ Switched Inbound and Outbound
3.3.2 1+ Dedicated Inbound and Outbound
4.2 Consumer Rates (Non-Subscriber)
4.2.1 Telegram (Priority Access ®)
4.2.2 Delayed Telegram or Overnight Telegram
4.2.6 Two Day Message (Zipgram ®)
4.2.9 Dictated Fax sm (Electronic Transmission)
4.2.12 Special Announcement Telegram (Wakeup Gram and Reminder Gram)
4.3.1 Billing and Collection Surcharge
4.3.2 Weekend (Saturday and Sunday) Deliveries
CONCURRING, CONNECTING, OR OTHER PARTICIPATING CARRIERS
Concurring Carriers - None
Connecting Carriers - None
Other Participating Carriers - None
EXPLANATION OF SYMBOLS
When changes are made on any Tariff page, a revised page will be issued, canceling the Tariff page affected. Such changes will be identified through the use of the following symbols:
(R) - to signify reduction
(I) - to signify increase
(C) - to signify changed regulation
(T) - to signify a change in text but no change in rate or regulation
(S) - to signify reissued matter
(M) - to signify matter relocated without change
(N) - to signify new rate or regulation
(D) - to signify discontinued rate or regulation
(Z) - to signify a correction
The above symbols will apply where additional symbols are identified at the bottom of an individual page.
APPLICATION OF TARIFF
This Tariff contains the regulations and rates applicable to the provision of domestic telecommunication services by American Telegram ® between points within the United States. Service is furnished subject to transmission, atmosphere, and like conditions.
Carrier
American Telegram ®, unless context indicates otherwise.
Customer
Any person, firm, partnership, corporation, or other entity furnished service under the provisions and regulations of this Tariff who is responsible for payment of the charges.
United States
The contiguous 48 states, District of Columbia, Alaska, and Hawaii.
Message
Carriers Public Messaging Services includes but is not limited to: Telegrams, Delayed Telegrams, Overnight Telegrams, Two Day Plus Telegrams, Phone In Telegrams, Postalgrams ®, Two Day Messages (Zipgrams ®), Mailed Telegrams sm, Political Messages, Dictated Faxes sm, Faxes, Telexes, E-Mails, and Special Announcement Telegrams (Wakeup Grams and Reminder Grams). Flowergrams ®, Candygrams ®, Balloongrams ®, Bookgrams ®, and Telegraphic Money Orders or Money Transfers.
Agents
Any person, firm, partnership, corporation, or other entity effecting delivery of carrier’s public messaging services or accepting for transmission carrier’s public messaging services.
Operator Assist
Operator assist may include but is not limited to: Carrier or Agent answering questions, providing information, routing, servicing lengthy calls, or handling delicate, vital, urgent, unusual or special messages.
Carrier provides telegram, telex, and fax services. These services are to be provided from the offices of Carrier and its agents, using telephone, internet, facsimile, and telex equipment owned or leased by Carrier or its agents. All services are provided in accordance with the terms and conditions set forth in this Tariff. For information on where to view or photocopy this Tariff, please contact the Director of Tariffs at 800-247-4929.
All entities (persons, companies, couriers, etc.) effecting delivery on behalf of carrier, do so as carrier’s agents (not vendors) in accordance with terms and conditions set forth in this tariff.
Carrier shall pay agent a commission for the properly completed delivery or acceptance for transmission of carrier’s public messaging services in accordance with carriers payment schedule and terms for its public messaging services. Agent is prohibited from invoicing carrier or contracting a collection company for payments of commissions, disputes or claims.
All agent disputes, including claims for commissions must be submitted in writing within 90 days from the date of delivery or within 30 days from the agent commission check date, whichever occurs first. Carrier will investigate all claims and disputes and issue a final determination.
Agents are required to adhere to, follow, and agree to abide by all company rules, regulations, procedures, policies and terms.
All bonuses including but not limited to carrier’s employees, agents and vendors are at carrier’s discretion and can be withheld or not issued for any reason at any time.
Service is offered subject to the availability of the necessary facilities and/or equipment as well as the provisions of this Tariff.
Carrier reserves the right to limit the length of communications or discontinue service when necessary because of conditions beyond its control.
Carrier will not be liable for errors in transmission or for failure to establish connections or for errors in spelling, grammar, punctuation, etc.
Customers must deliver their messages for transmission in a legible format to Carrier's operator or agent and/or dictate their messages in an intelligible manner to Carrier's operator or agent.
Service may be canceled during the filing of a message, that is, within the telephone call in which the message is transcribed, where the message is filed by phone. Cancellation requests after the filing of a message will be accepted subject to the ability to stop the delivery or transmission. It is not possible to stop certain messages, including, but not limited to: Telegrams, Postalgrams ®, Zipgrams ®, Mailed Telegrams sm, Faxes, Telexes, and E-mails, after transmission. Cancellation requests are subject to a $25.00 charge
Carrier will attempt to provide look-up and/or address correction service as requested or as necessary to effect delivery. Carrier cannot guarantee the accuracy of any look-up or address correction provided or that a signature can be obtained.
Every attempt will be made to honor a specific time of delivery request; however, Carrier cannot guarantee a specific time of delivery. Carrier will make every attempt to deliver messages within the time frames specified for the particular service ordered; however, Carrier cannot guarantee that it will be able to effect delivery within those time frames. Generally and usually mean that most messages are delivered within the terms stated; however, some messages may not be delivered within the delivery terms stated and may take longer.
Customers may use services provided under this Tariff only for the transmission of communications in a manner consistent with the terms of this Tariff and regulations of the Federal Communications Commission.
Services provided under this Tariff shall not be used for unlawful purposes.
The carrier’s time date stamp is a lawful record of the filing time of a message. The carrier issues a time date stamp at the time of filing of a message. The time date stamp may or may not be printed on the recipient’s copy of the message. However, this time date stamp is retained in our records and a statement of the time and date filed is available upon request. Subsequently, another (second) time date stamp or postmark may be added depending on the type of service provided.
The carrier will not be liable for incorrect recipient addresses. Charges stand on deliveries attempted to incorrect addresses.
The liability of Carrier for any claim of loss, expense, or damage (including indirect, special, or consequential damages) for any interruption, delay, error, omission, or defect in any service, facility, or transmission provided under this Tariff shall not exceed an amount equivalent to the proportionate charge to Customer for the period of service or for the facility provided during which such interruption, delay, error, omission, or defect occurs. For the purpose of computing this amount, a month is considered to have thirty days.
Carrier shall not be liable for any claim of loss, expense, or damage (including indirect, special, or consequential damages) for any interruption, delay, error, omission, or other defect in service, facility, or transmission provided under this Tariff, if caused by any person or entity other than Carrier, by any malfunction of any service or facility provided by any other carrier, by any act of God, fire, war, civil disturbance, or act of government, or by any other cause beyond Carrier's direct control.
Carrier shall not be liable for and shall be fully indemnified and held harmless by Customer against any claim of loss, expense, or damage, including indirect, special, or consequential damage for:
No agent or employee of any other carrier shall be deemed to be an agent or employee of Carrier.
Carrier is not liable for any act or omission of its foreign correspondent furnishing a portion of the through service beyond an amount equivalent to Carrier's proportionate charge to Customer for the provision of the service during which such act or omission occurs.
Carrier is not liable for any damages caused in whole or in part by, or associated with, any service (including, but not limited to, channels, maintenance, repair, or restoration) or equipment not furnished by Carrier.
Carrier's failure to provide, maintain, or restore service under this Tariff shall be excused by labor difficulties, governmental orders, civil commotions, acts of God, fire, flood, and other catastrophes, and other circumstances beyond Carrier's reasonable control.
CARRIER MAKES NO WARRANTY REGARDING THE PROVISION OF SERVICE PURSUANT TO THIS TARIFF, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR CARRIER.
All charges due by Customer for services furnished by Carrier are payable upon the filing of each service provided.
Carrier reserves the right to demand immediate payment upon the filing of each service provided.
If payment for service is made by a check, draft, or similar instrument that is returned unpaid by a bank or another financial institution to Carrier for any reason, Carrier will bill Customer a one-time charge of $25.00 for each instance of a returned item.
A 1.5 percent (unless a lower rate is prescribed by law, in which event, the highest rate allowable by law) per month penalty fee will be applied to the total past due amount on each monthly bill more than 30 days overdue.
Carrier may bill service provided and any outstanding balance:
(a) directly to Customer;
(b) to Customer's monthly local and inter exchange carrier account(s) (telephone bill);
(c) to Customer's major credit card, charge card, debit card; or
(d) to other types of Customer accounts accessible through company billing and collection agreements.
If payment is not received, Carrier may at its sole discretion place service and related charges on Customers telephone bill, bill the originating telephone used to file the message, or debit or draft Customers checking, savings or similar financial institution account.
Charges for transactions under dispute in which Customer or Agents denies knowledge, claims unauthorized purchase, or similar circumstances will be sustained if:
(a) Caller-ID records match sender’s telephone number;
(b) ANI or Caller ID records match senders billing telephone number; or
(c) the transaction is verified.
Carrier may issue refund checks for charges incurred on customers credit cards, charge cards, debit cards, local exchange carrier accounts, or on any other type of customer accounts.
Taxes include but are not limited to any taxes imposed by local, state, federal or foreign authorities, directly or indirectly (through suppliers, vendors, shippers, couriers, etc.), reimbursement of such taxes, and charges for certain accounting and administrative expenses.
Telegram Subscriber is a discount telegram subscription service. Subscriber's messages are sent with a priority.
Fax Subscriber is a discount fax subscription service.
Telegram service provides facilities for the handling of telegrams between various locations of Carrier and its agents in the United States. Telegram messages are usually delivered within two to five hours of filing subject to same day delivery availability and delivery hours. Otherwise deliveries will be the next day except Sunday. (Saturday deliveries are subject to the weekend delivery surcharge) Telegram service is billed on a per word basis with a flat base rate.
Delayed Telegram messages are delivered the same day, usually within four to eight hours of filing. Overnight Telegram messages are delivered the following day. Delayed Telegram and Overnight Telegram services are billed on a per word basis with a flat base rate.
Two Day Plus Telegram messages are delivered in two or more days. Two Day Plus Telegram service is billed on a per word basis with a flat base rate.
Phone In Telegram service delivers telegrams via phone followed by hard copies via the United States Postal Service. Phone In Telegram service is billed on a per word basis with a flat base rate.
Postalgram ® messages are generally delivered the following day (except Sunday) by the United States Postal Service. Carrier must receive Postalgram ® messages in time for delivery to the United States Postal Service by the deadline time set by the United States Postal Service. Next day postal delivery is subject to the post office being open. Some post offices may be closed on Saturdays. Postalgram ® service is billed per 30 words with a flat base rate. Segments of less than 30 words are rounded up to the next 30-word increment.
Two Day Messages (Zipgrams ®) are generally delivered in two days (except Sunday). Two Day Message (Zipgram ®) service is billed per 30 words with a flat base rate. Segments of less than 30 words are charged per 30 words.
Mailed Telegrams sm are telegrams that are mailed to the addressee. Mailed Telegram sm service is billed per 30 words with a flat base rate. Segments of less than 30 words are charged per 30 words.
Political Messages are opinion Telegrams generally delivered to elected officials only. Messages may be delivered by courier, facsimile, special terminals, or the United States Postal Service Political Message service is billed on a per word basis with a flat base rate.
Dictated Fax sm services transmit dictated faxes sm to recipient fax machines. Fax transmissions are billed per 30 words with a flat base rate. Segments of less than 30 words are charged per 30 words. Faxes longer than 1 minute to transmit are subject to an additional $10.00 per minute surcharge.
Fax Transmitting and Receiving services transmit and receive faxes at the terminals of Carrier and recipient fax machines. Carrier can deliver faxes to the addressee the same day, usually within two to five hours. Fax Transmitting and Receiving service is billed per page transmitted.
Telex service provides facilities for the handling of two-way domestic telegraph communications between various locations of Carrier and its agents. Telex messages are generally delivered to telex terminals within two hours. Telex sending service is billed either on a per word basis with a flat base rate or on a per minute basis (40 words constitutes one minute) for lengthy messages. Telex messages billed at the per minute rate are billed for a minimum of three minutes so that Telex messages that are less than three minutes in length and billed at the per minute rate are billed for three minutes of time. With per minute billing, fractions of one minute are rounded up to the next whole-minute increment. Each completed transmission is timed starting when an out dial facility is seized. Telex receiving service is billed one flat rate. All completed transactions will be billed.
E-Mail is an electronic mail service. E-mail service is billed per 30 words with a flat base rate. Segments of less than 30 words are charged per 30 words.
Special Announcement Telegram service delivers telegrams via phone. Service includes Wakeup Gram and Reminder Gram. Special Announcement Telegram service is billed per 30 words with a flat base rate. Segments of less than 30 words are charged per 30 words.
Report of Delivery service confirms delivery of Telegrams, Delayed Telegrams, Overnight Telegrams, Two Day Plus Telegrams, Phone In Telegrams, Faxes, and Telexes by phone or second day mail. Service is billed by a flat rate per message confirmed.
Special Services include, among others, the following services: Signature Request (on file for 6 months) whereby a signature is obtained by Carrier from the addressee or other responsible party or a delivery attempt notice is left for later pickup at Agents location or redelivery; Proof of Delivery whereby Carrier provides a copy of the signature, if obtained; Address Correction and Reroute whereby Carrier makes any necessary correction as determined by Carrier in order to effect delivery; Courier Pickup and Delivery of Documents whereby a courier fee is assessed on any pickup or delivery of Customers documents, media, etc.; Look-up whereby Carrier attempts to look up and provide zipcodes, fax numbers, address information, etc. in order to effect delivery; Phone Notification of Received Messages; Read via Phone; Postal Service Delivery of Confirmation of a Fax or Telex File Copies whereby Carrier sends the recipient a copy of the message via the United States Postal Service; and Carbon Copies whereby Carrier sends the recipient a copy of the message via Telegram, Postalgram ®, Two Day Message (Zipgram ®), or Mailed Telegram sm.
Carrier may provide discounts from time to time.
Carrier may provide discounts on volume (bulk) orders.
Carrier may provide discounts on messages ordered in advance.
During certain holiday periods, all messages are subject to a holiday surcharge.
Long distance interexchange service billed in one-minute increments.
Long distance interexchange service billed in one-minute increments.
A calling card service that may be accessed from any touch tone or rotary telephone that is billed in one-minute increments.
(1) Setup
Residential......................................................................................................... $8.00
Commercial........................................................................................................ $12.00
(2) Monthly Charge
Residential......................................................................................................... $3.95
Commercial.......................................................................................................... $4.95
(3) One free domestic Telegram per year (up to 10 words).
(4) 40% discount on all domestic Telegrams.
(5) 40% discount on Telegrams, Delayed Telegrams, Overnight Telegrams, Two Day Plus Telegrams, Phone In Telegrams, Postalgrams ®, Two Day Messages (Zipgrams ®), Political Messages, Dictated Faxes sm, Telexes, and E-mails.
(6) Carrier may provide additional discounts on volume orders.
(7) Non-English language messages are subject to a $4.95 surcharge.
(1) Setup
Residential......................................................................................................... $8.00
Commercial........................................................................................................ $12.00
(2) Monthly Charge
Residential......................................................................................................... $3.95
Commercial.......................................................................................................... $4.95
(3) 50% discount on all Faxes.
(4) Carrier may provide additional discounts on volume orders.
(5) Non-English language messages are subject to a $4.95 surcharge.
Base rate.................................................................................................................................... $49.95
Each word................................................................................................................................... $0.89
Base rate.................................................................................................................................... $35.95
Each word................................................................................................................................... $0.89
Base rate.................................................................................................................................... $29.95
Each word................................................................................................................................... $0.89
Base rate.................................................................................................................................... $22.95
Each word................................................................................................................................... $0.89
Base rate.................................................................................................................................... $19.95
Each set of 30 words................................................................................................................. $9.95
Base rate.................................................................................................................................... $16.95
Each set of 30 words................................................................................................................. $5.95
Base rate.................................................................................................................................... $13.95
Each additional set of 30 words............................................................................................... $3.95
Base rate.................................................................................................................................... $25.95
Each word................................................................................................................................... $0.89
Faxes longer than 1 minute to transmit are subject to an additional $10.00 per minute surcharge.
Base Rate.................................................................................................................................. $19.95
Each additional set of 30 words............................................................................................... $6.95
Fax Transmitting and Receiving (Over the Counter)
Sending (Over the Counter)
First page.................................................................................................................................... $7.00
Each additional page................................................................................................................. $3.00
Receiving (Over the Counter)
First page.................................................................................................................................... $5.00
Each additional page................................................................................................................. $2.00
Sending (Physical delivery)
First page.................................................................................................................................. $29.00
Each additional page................................................................................................................. $3.50
* Additional courier charges may be assessed for out of area deliveries.
Sending
Base rate.................................................................................................................................... $10.00
Each word................................................................................................................................... $0.89
or
Rate per minute........................................................................................................................ $12.00
(40 words constitutes one minute)
(three-minute ($36.00) minimum charge)
Receiving
Set Up........................................................................................................................................ $10.00
Flat fee....................................................................................................................................... $10.95
Base rate.................................................................................................................................... $14.95
Each set of 35 words................................................................................................................. $4.95
Base rate...................................................................................................................................... $7.95
Each additional set of 30 words............................................................................................... $4.95
By telephone (per confirmation).............................................................................................. $6.95
By mail (per confirmation)........................................................................................................ $6.95
Signature Request (per delivery)........................................................................................................... $19.95
* Additional charges may apply for subsequent delivery attempts.
Proof of Delivery (per signature)........................................................................................................... $12.95
Address Correction and Reroute (Telegrams only)........................................................................... $15.00
(All other services billed at normal Tariff rate.)
Courier Pickup and Delivery of Documents........................................................................................ $35.00
* Additional charges may be assessed for courier's waiting time, if any, and for out of area pickups and deliveries. Additional charges may also be assessed for the transport of magnetic data or bulk items.
Look-up (zip code, fax number, address, etc.)....................................................................................... $4.95
Phone Notification of Received Messages........................................................................................
Local............................................................................................................................................ $1.00
Long distance............................................................................................................................. $3.95
Read via Phone.......................................................................................................................................
First page.................................................................................................................................... $3.95
Each additional page ................................................................................................................ $2.95
United States Postal Service delivery of the confirmation of a Fax or Telex.................................... $6.95
* Additional charges apply for first class postage.
File Copy..................................................................................................................................... $6.95
Keepsake Copy.......................................................................................................................... $6.95
Carbon Copy
Via Telegram............................................................................................................................. $29.95
Via Postalgram ®....................................................................................................................... $16.95
Via Two Day Message (Zipgram ®)........................................................................................ $8.50
Via Mailed Telegram sm............................................................................................................ $6.00
Non-English language message…………………….………………..………………………..$9.95
Messages billed to a local exchange carrier account (telephone bill) are subject to a $15.00 surcharge.
Messages charged to a credit card or paid by check are subject to a $9.95 surcharge.
All other messages are subject to a $6.95 billing and collection surcharge.
Messages delivered Saturday and Sunday are subject to a $10.00 surcharge.
* Telegrams, Delayed Telegrams, Overnight Telegrams, and Two Day Plus Telegrams will include charges imposed by agents or couriers for out of area deliveries.
Operator assisted messages are subject to a surcharge up to $50.00.
Inbound
Rate per minute.......................................................................................................................... $0.20
Outbound
Rate per minute.......................................................................................................................... $0.18
Inbound and Outbound
Rate per minute.......................................................................................................................... $0.14
Rate per minute.......................................................................................................................... $0.25