Orange County NC Website
Order Term, CenturyLink will provide that Service at its then-current list pricing and then-current <br />Standazd Terms and Conditions, relevant Schedules, and Product and Service-specific Annexes, <br />unless the parties otherwise agree in writing. <br />3. CHARGES. <br />3.1 CenturyLink Charges. Customer will pay CenturyLink the rates and chazges for Products and <br />Services set forth in the Agreement and any Order under the Agreement, including all chazges <br />associated with establishing Customer's Products and Services or related to CenturyLink's <br />installation or provisioning costs. Charges associated with establishing or provisioning Services <br />may include nonrecurring charges described in applicable Schedules and Product and Service- <br />specific Annexes. Examples of these nonrecurring charges are customer-initiated change requests, <br />expedite charges, service charges, any construction-related charges, and liabilities imposed on <br />CenturyLink by third parties, such as other local exchange carriers, as a result of ordering or <br />providing facilities to operate Services. <br />3.2 Fixed Rates and Percentage Discounts. Except as expressly stated otherwise in the Agreement, <br />rates and charges for a Product or Service that are stated as a flat or fixed recurring or non- <br />recumng change will not change during the applicable Order Term (for a Service) or Agreement <br />Term (for a Product) if CenturyLink increases or decreases the list rate in a Schedule or price list. <br />Rates and chazges for a Product or Service not fixed in the Agreement will be based on current <br />Schedules or price lists and may change during the Agreement Term. If pricing in the Agreement <br />for a Service is stated as a percentage discount off of a Schedule rate or list price, that percentage <br />discount is fixed for the applicable Order Term, but CenturyLink may modify the underlying rate <br />or list price to which the percentage discount is applied on no less than one day's notice. Changes <br />to Schedules are posted to the Rates and Conditions Website. <br />3.3 Rate Adjustments. CenturyLink may impose additional fees, chazges or surchazges on Customer <br />to recover amounts that CenturyLink is required or permitted by governmental or quasi- <br />governmental authorities to collect, or pay to others in support of, or to comply with, statutory or <br />regulatory programs, plus a commercially reasonable amount to recover the administrative costs <br />associated with such chazges or programs. The amount of these fees, chazges, or surchazges may <br />vary. These charges may include state and federal Carrier Universal Service Charges, <br />compensation to payphone providers, International Mobile Termination Chazges, E911, Telephone <br />Relay Service, or chazges assessed to CenturyLink for terminating or originating a call to wireless <br />providers. <br />3.4 Taxes. <br />A. Taxes Not Included. CenturyLink's rates and charges for Products and Services do not <br />include taxes. Customer will pay all taxes, including, but not limited to, sales, use, gross <br />receipts, excise, VAT, property, transaction, or other local, state, or national taxes or <br />charges imposed on or based upon the provision, sale or use of Products and Services. <br />B. Withholding Taxes. Notwithstanding any other provision of the Agreement, if Customer <br />is required by law to make a deduction or withholding from any amount due to <br />CenturyLink, Customer must notify CenturyLink in writing. CenturyLink will then <br />increase the gross amount of Customer's invoice so that, after Customer's deduction or <br />withholding for taxes, the net amount paid to CenturyLink will not be less than the <br />amount CenturyLink would have received without the required deduction or withholding. <br />C. Exclusions. Customer will not be responsible for payment of: <br />(1) CenturyLink's direct income taxes and employment taxes; and <br />(2) any other tax to the extent that Customer demonstrates a legitimate exemption <br />under applicable law. <br />#280902v.10 Page 2 of 11 Rev. 115.10 <br />