Alaska Telecommunications Tariff (Draft)

Interexchange Service

This tariff contains the rates, terms and conditions applicable to Resold Interexchange Telecommunications Services provided by Grasshopper Group, LLC, with principal offices at 333 Summer Street, 5th Floor, Boston, MA 02210 (the “Company”).

This tariff applies for services furnished within the State of Alaska. This tariff is on file with the Regulatory Commission of Alaska copies may be inspected during normal business hours at the Company’s principal place of business.

Table of Contents

1. Symbols
2. Tariff Format
3. SECTION 1 - Definitions
4. SECTION 2 - Rules and Regulations
5. SECTION 3 - Description of Service & Rates
6. SECTION 4 - Rates

Symbols

The following are the only symbols used for the purposes indicated below:

(C) - To signify changed regulation
(D) - Delete or discontinue
(I) - Change resulting in an increase to a rate
(M) - Moved from another tariff location
(N) - New
(R) - Change resulting in a reduction to a rate
(S) - Matter appearing elsewhere or repeated for clarification
(T) - Change in text but no change to rate or charge
(V) - Signifies vintage tariff
(Z) - Correction

Tariff Format

1. Page Numbering: Page numbers appear in the upper-right corner of the page. Pages are numbered sequentially. However, new sheets are occasionally added to the tariff.
2. Page Revision Numbers: Revision numbers also appear in the upper-right corner of the page. These numbers are used to determine the most current page version on file with the Commission. For example, 4th Revised Page 14 cancels 3rd Revised Page 14.
3. Paragraph Numbering Sequence: There are various levels of paragraph coding. Each level of coding is subservient to its next higher level of coding. For example:

   2
   2.1
   2.1.1
   2.1.1.A
   2.1.1.A.1
   2.1.1.A.1.(a)
   
   

4. Check Sheets: When a tariff filing is made with the Commission, an updated Check Sheet accompanies the tariff filing. The check sheet lists the pages contained in the tariff, with a cross-reference to the current revision number. When new pages are added, the Check Sheet is changed to reflect the revision. All revisions made in a given filing are designated by an asterisk (*). There will be no other symbols used on this page if these are the only changes made to it (i.e., the format, etc., remains the same, just revised revision levels on some pages). The tariff user should refer to the latest Check Sheet to find out if a particular page is the most current page on file with the Commission.

SECTION 1 ‑ DEFINITIONS

• Call – A completed connection established between a Calling Station and a Called Station.
• Carrier or Company – Grasshopper Group, LLC, unless otherwise indicated by the context.
• Commission – Refers to the Regulatory Commission of Alaska.
• Customer – A person, firm or corporation, or other entity which purchases or uses the Company’s Services and is responsible for the payment of charges and/or compliance with tariff regulations.
• Service or Services – The services of Grasshopper Group, LLC, described in Section 3 of this tariff.
• Telecommunications – The transmission of voice communications or, subject to the transmission capabilities of the service, the transmission of data, facsimile, metering, or any other form of intelligence.

SECTION 2 ‑ RULES AND REGULATIONS

2.1 Undertaking of the Company

The Company's Service is furnished for communications at specified points within the State of Alaska under terms of this tariff. The Company operates and maintains the communications Service provided herein in accordance with the terms and conditions set forth under this tariff. The Customer is responsible for ordering access connection facilities provided by other carriers or entities to allow connection of a Customer's location to the Company's Services. The Customer shall be responsible for all charges due for such service arrangement.

The Service is provided on an annual or monthly basis, which will be specified in the Customer’s order. The Service renews for a period equal to the initial term until terminated. The Service is available twenty-four hours per day, seven days per week.

2.2 Limitations

• 2.2.1 The Service is offered subject to the availability of the necessary access connection facilities and is subject to the provisions of this tariff.
• 2.2.2 The Company reserves the right to discontinue or limit the Service when necessitated by conditions beyond its control, or when the Customer is using the Service in violation of provisions of this tariff, or in violation of the law.
• 2.2.3 The Company offers the use of its Service when available. The Company is not liable for errors in transmission or for failure to establish connections.

2.3 Use

Services provided under this tariff may be used for any lawful purpose consistent with the transmission and switching parameters of telecommunications facilities utilized in the provision of Services. The Services may be used solely to transmit communications of the Customer in a manner consistent with the terms and conditions of this tariff and the policies and regulations of the Commission.

The Services are furnished subject to the condition that they will be used only for authorized and lawful purposes by the Customer. The use of the Services to make calls which might reasonably be expected to frighten, abuse, torment, or harass another is prohibited. Except for trial accounts, which are offered by the Company on a limited use basis and for a limited duration, the use of the Services without payment is prohibited. In addition, use of the Services in a manner that attempts to avoid payment for the Services by fraudulent means or devices, schemes, false or invalid numbers, or false credit cards is prohibited. The Services are available for use twenty-four hours per day, seven days per week.

2.4 Liabilities of the Company

• 2.4.1 Limitation of Liability: The Company is not liable for indirect, special, consequential, or incidental loss, exemplary or other such damages, including, without limitation, damages arising out of or relating to: loss of data; loss of income; loss of opportunity; lost profits; costs of recovery, however caused and based on any theory of liability, including, but not limited to, breach of contract, tort (including negligence), or violation of statute, whether or not the Company has been advised of the possibility of such damages.
• 2.4.2 The Company's cumulative liability to Customer shall not exceed in the aggregate the amount paid for the Service by Customer over the twelve (12) months immediately preceding the incident giving rise to the liability, unless ordered by the Commission.
• 2.4.3 No Warranties: The Company warrants that the Services will conform to its Service Description under normal use. The Company does not represent or warrant that: (i) the use of the Services will be timely, uninterrupted, or error-free, or operate in combination with any specific hardware, software, system, or data; (ii) the Services will meet Customer’s requirements; or (iii) all errors or defects will be corrected. The Company disclaims all other warranties and conditions, whether express, implied, statutory, or otherwise, including any express or implied warranties of merchantability, satisfactory quality, title, fitness for a particular purpose, and non-infringement. Use of the Services is at Customer’s sole risk.
• 2.4.4 Indemnification: The Company shall be indemnified and held harmless by the Customer against:
  • (A) Claims arising out of the Customer’s violation of the Company’s Acceptable Use Policy or its Messaging Content Policy, which are available on the Company’s website.
  • (B) Claims alleging that the Customer’s Content infringes upon any patent or copyright, or violates a trade secret of any party, or claims otherwise arising out of the Customer’s right to upload or share Content with the Company. This includes, but is not limited to, libel, slander, and defamation. The term Content refers to any files, documents, recordings, message content, transcripts, and similar data that the Company maintains on the Customer’s or its users’ behalf, as well as any other information Customer or its users may upload to the Customer’s Service account in connection with the Services.
  • (C) Claims arising out of the Customer’s use of the Services, including the Customer’s failure to provide privacy or other notices to individuals, obtain consent, or otherwise maintain a lawful basis to process the information contained in the Customer’s Content.
  The Customer shall pay reasonable attorney’s fees, court costs, damages finally awarded, or reasonable settlement costs with respect to any such claim. The Company will promptly notify the Customer of any claim and cooperate with the Customer in defending the claim.

2.5 Taxes

All state and local taxes (e.g., gross receipts tax, sales tax, municipal utilities tax) and fees are listed on Customer bills as separate line items and are not included in the quoted rates.

2.6 Billing and Payment

• 2.6.1 Customer is responsible for paying all charges on its account for Services provided by the Company, including, but not limited to Service subscription fees, Service add-ons, such as additional user and line fees, regulatory, government, and other assessed fees, and for all taxes and surcharges, including any assessed regulatory or infrastructure cost recovery fee.
• 2.6.2 The Company bills recurring charges, such as subscription plan fees, in advance of the relevant term. For example, if Customer has elected to purchase an annual plan, Customer will be billed for the subscription fee for the year up front. If Customer has elected to purchase a month-to-month subscription, Customer will be billed in advance of the applicable month.
• 2.6.3 If Customer purchases a new add-on feature during an existing Service subscription term, the Company will bill Customer for the new feature in the month following purchase. The amount billed will be prorated to align with Customer’s billing term for its primary subscription. For example, if Customer purchases an add-on feature during the first month of Service, Customer will be billed following the end of that month for the use of the feature during the prior month and for any fees for the feature (a) for the remainder of the term, in the case of an annual subscription; and (b) for the next month, in the case of a month-to-month subscription.
• 2.6.4 If Customer elects to upgrade subscription plans, GoTo will bill Customer on the date of the plan upgrade. Plan downgrades are not permitted during the term of a subscription.
• 2.6.5 If Customer enables calling to destinations outside of the continental United States and Canada, Customer will be invoiced in advance for a $500 deposit. Actual call minutage will be deducted from the initial deposit until the deposit is depleted. Thereafter, Customer will be invoiced for actual minutes used monthly in arrears, regardless of whether the Service is contracted on an annual or month-to-month basis.
• 2.6.6 The Company will bill Customer’s credit card on the date payment is due. If payment is declined for any reason, the Company will notify Customer by electronic mail and will continue to attempt to bill the Customer’s card for 14 days unless replacement card information is provided to the Company, in which case the Company will bill the replacement card. The Company reserves the right to terminate the agreement with Customer unless payment is made in full within 14 days of the Company’s initial attempt to bill.
• 2.6.7 Customer must notify the Company of any billing disputes in writing. Billing dispute notices must be received by the Company within fifteen (15) days after receipt of its invoice or statement, or the dispute will be deemed waived. Adjustments to disputed portions of a Customer’s invoice shall be made to the extent that records are available and/or circumstances exist which reasonably indicate that such charges are not in accordance with approved rates or that an adjustment may otherwise be appropriate.
• 2.6.8 The Company may terminate the Agreement or disconnect Service for non-payment as set forth in Section 4.2 of this tariff.

2.7 Disconnection of Service by Carrier for Reasons Other Than Non-Payment

• 2.7.1 The Company may terminate the Agreement and/or suspend Service without incurring any liability for any of the following reasons:
  • 2.7.1.1 If Customer breaches a material obligation of the parties’ agreement, which remains uncured for 30 days following the Company’s written notice of breach.
  • 2.7.1.2 Where permitted by law, where Customer becomes insolvent, bankrupt, is liquidated or dissolved, or ceases substantially all of its business.
• 2.7.2 The Company may terminate Service immediately if it reasonably believes: that Customer has violated the Company’s Acceptable Use Policy or its Messaging Content Policy; if Customer does not have the right to provide its data to us to process or if Customer’s data infringes on the rights of others; or if Customer otherwise violates the applicable law, including US export law.

2.8 Disconnection of Service by Customer

Customer may terminate Service by providing notice at least 30 days before the end of the then-current term. The Company will process Customer’s termination request within one business day. Termination will go into effect at the end of the contracted term. If notice is not timely provided for the current term, termination will go into effect as of the last day of the following term.

2.9 Deposits

The Company does not require a deposit from the Customer, except where international calling is enabled on a Customer’s account as stated in Section 4.1.

2.10 Advance Payments

The Company collects monthly or annual recurring charges in advance based on the Service subscription term.

2.11 Restoration of Service

The Company will provide or restore the Services when the Customer is in compliance with the provisions of this tariff and all applicable laws, rules, regulations and policies of pertinent government authorities and the Company determines that the Services can be provided without undue risk to the Company or the Services provided to other Customers of the Company.

2.12 Customer Service and Billing Inquiries

Customer inquiries regarding Service or billing may be made in writing or by calling the toll-free number listed below:

Grasshopper Group, LLC
333 Summer Street, 5th Floor
Boston, Massachusetts 02210
Toll-Free: (800) 820-8210
Online Inquiries: https://support.grasshopper.com/

2.13 Customer Service and Billing Inquiries (Cont’d.)

• 2.13.1 Company Response to Customer Complaints
  
  The Company shall promptly respond to Customer complaints. The Company shall:
  • 2.13.1.A Receive trouble reports twenty-four (24) hours a day and all other complaints during normal business hours, without toll or any other charge.
  • 2.13.1.B Investigate all Customer complaints fully and promptly.
  • 2.13.1.C Handle all Customer complaints in an efficient and courteous manner.
  • 2.13.1.D Maintain an accurate record of each Customer complaint, including the complainant’s name, the date and nature of the complaint, and its disposition. The record shall be kept for two years following the final settlement or disposition of the complaint.
  • 2.13.1.E If the Company does not resolve a complaint to the Customer’s satisfaction, the Customer may refer the matter to the Regulatory Commission of Alaska, 701 West Eighth Avenue, Suite 300, Anchorage, Alaska 99501. The Commission’s telephone number is (907) 276-6222, toll-free at 1-800-390-2782, or TDD (907) 276-4533.

2.14 Taxes and Fees

• 2.14.1 Rates provided in this tariff exclude state and local taxes, such as gross receipts tax, sales tax, municipal utilities tax, and similar applicable taxes. Taxes are listed as separate line items on the Customer’s bill.
• 2.14.2 If a municipality, other political subdivision or local agency of government, or commission imposes and collects from the Company a gross receipts tax, occupation tax, license tax, permit fee, franchise fee, or regulatory fee, such taxes and fees shall, as allowed by law, be billed pro rata to the Customer receiving service from the Company within the territorial limits of such municipality, other political subdivision or local agency of government.
• 2.14.3 Service shall not be subject to taxes for a given taxing jurisdiction if the Customer provides the Company with written verification, acceptable to the Company and to the relevant taxing jurisdiction, that the Customer has been granted a tax exemption.
• 2.14.4 The Company may adjust its rates or impose additional rates on its Customer to recover amounts it is required to remit to governmental or quasi-governmental authorities, such as the Federal Universal Service Fund fee. In addition, and where allowed by applicable law, we may charge a monthly Regulatory and Infrastructure Cost Recovery Fee (“Cost Recovery Fee” or “CRF”) to recover some or all costs we incur for: (i) payment of government, quasi-governmental, or other mandatory fees (e.g., Telecommunications Relay Service, North American Numbering Plan); (ii) compliance with legal and regulatory requirements (e.g., number portability, fraud detection and response, data privacy, accessibility, caller ID authentication, and response to government inquiries); (iii) maintaining and securing network infrastructure and data centers; (iv) obtaining and managing phone numbers and receiving calls from or terminating calls to third-party networks; and (v) the administrative cost of collecting any of the foregoing fees or paying compensation to other entities. This fee is not a tax and is not mandated by any government body. It will be estimated in any quote for Services and will appear as a separate line-item on invoices. We may adjust the CRF as appropriate.
• 2.14.5 Where permitted by law, the Company will add a monthly State Universal Service Fund charge to each bill based upon the total intrastate billed revenues. This charge will not exceed the amount of the Regulatory Commission of Alaska assessment levied upon the Company.

2.15 Regulatory Changes

The Company reserves the right to discontinue Service, limit Service, or to impose requirements on Customers as required to meet changing regulatory rules and standards of the Regulatory Commission of Alaska and the Federal Communications Commission.

2.16 Refunds or Credits for Service Outages or Deficiencies

• 2.16.1 Credit allowance for the interruption of Service which is not due to the Company's testing or adjusting, negligence of the Customer, or due to the failure of channels or equipment provided by the Customer, are subject to the general liability provisions set forth in Subsections 2.4.1 and 2.4.3 and Subsections 2.16.2. It shall be the Customer's obligation to notify the Company immediately of any Service interruption for which a credit allowance is desired. Before giving such notice, the Customer shall ascertain that the trouble is not being caused by any action or omission by the Customer within his control, or equipment, if any, furnished by the Customer and connected to the Company's facilities. No refund or credit will be made for the time that the Company stands ready to repair the Service and the Customer does not provide access to the Company for such restoration work.
• 2.16.2 No credit shall be allowed for an interruption of a continuous duration of less than twenty-four hours after the Customer notifies the Company.
• 2.16.3 Reserved for Future Use.

SECTION 3 - DESCRIPTION OF SERVICE AND RATES

3.1 Timing of Calls Calculated on a Per-Minute Basis

• 3.1.1 When Billing Charges Begin and End for Phone Calls
  Customer's usage charged on a per-minute basis is calculated on the actual usage of the Company's providers’ network. Usage begins when the called party picks up the receiver (i.e. when 2-way communication, often referred to as "conversation time", is possible.). When the called party picks up is determined by hardware answer supervision in which the local telephone company sends a signal to the switch or the software utilizing audio tone detection. When software answer supervision is employed, up to 60 seconds of ringing is allowed before it is billed as usage of the network. A call is terminated when the calling or called party hangs up.
• 3.1.2 Billing Increments
  The minimum call duration for billing purposes is 18 seconds for a connected call. Calls beyond 18 seconds are billed in 6 second increments.
• 3.1.3 Per Call Billing Charges
  Billing will be rounded up to the nearest penny for each invoice.
• 3.1.4 Uncompleted Calls
  There are no charges for uncompleted calls.

3.2 Service Offerings

• 3.2.1 Inbound 800/Toll-Free and Long Distance Service
  Company’s Service plans are offered to business Customers. Each Service plan includes at least one toll-free and/or local number, at least one user, at least one extension, and access to basic features. Service is provided from presubscribed, dedicated or shared use access lines. A monthly or annual recurring service charge applies. Rates for Company’s Service plans are set forth in Section 4 of this tariff.

SECTION 4 – RATES

4.1 Inbound 800/Toll-Free and Long Distance Service

Plan	True Solo	Solo Plus	Small Business
Monthly Price*	$18 per month	$32 per month	$70 per month
Annual Price*	$168 per year	$300 per year	$660 per year

Feature	True Solo	Solo Plus	Small Business
Users and Phone Numbers
Number of Users Included	1	Unlimited	Unlimited
Business Phone Numbers Included	1	1	4
Additional Phone Numbers	$9 per month each	$9 per month each (annual plan); $10 per month each (monthly plan)	$9 per month each (annual plan); $10 per month each (monthly plan)
Extensions Included	1	3	Unlimited
Additional Extensions	Not Available	$3 per month each (annual plan); $5 per month each (monthly plan)	Unlimited
Core Features
24/7 Support	Included
Business Texting (To US and Canada Only)	Unlimited (Ten Digit Long Codes Numbers are subject to brand and campaign registration and maintenance fees assessed by The Campaign Registry)
Mobile + Desktop App	Included
Call Forwarding	Included
Call Recording	Not Available	Included
VoIP + WiFi Calling	Included
Virtual Fax	Included
Voicemail	Included
Read Your Voicemail (transcription)
Instant Response	Included
Custom Greetings	Included
Call Transfers	Not Available	Included
Simultaneous Call Handling	Not Available	Included
Incoming Call Control	Included
Reporting	Included

Pricing Notes

*Bundled plan pricing includes unlimited minutes to the continental US and Canada only.

Calls to destinations outside of the continental US and Canada (“international calling”) are charged per minute in accordance with Section 3.1 of this tariff. Rates may vary depending on destination. Current destination rates are available here.

An initial $500 deposit is required to activate international calling. Actual call minutage is deducted from this initial deposit until it is depleted. Once depleted, international calling minutage fees are invoiced monthly in arrears, regardless of whether the account is contracted on an annual or month-to-month basis.

4.2 Consequence for Non-Payment

The Company may cancel Service or terminate its agreement with Customer without further notice or obligation to Customer if payment in full for Services has not been made 14 days following the payment due date.

4.3 Special Promotions

The Company may, from time to time, offer special promotions to its customers, including waiving or reducing certain charges and discounting plan subscription rates. Upon renewal of Customer’s subscription, discounted pricing may expire. Unless prohibited by law, the Company may modify or discontinue any coupons, credits, sales, and special promotions at any time in its sole and absolute discretion.