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TC Systems, Inc. South Carolina - AT&T Clec Online

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day period, then the aggrieved Party may pursue dispute resolution in<br />

accordance with the General Terms and Conditions of this Agreement.<br />

Attachment 7<br />

Page 15<br />

1.12.2 For purposes of this Section 1.12, a billing dispute means a reported dispute of<br />

a specific amount of money actually billed by either Party. The dispute must<br />

be clearly explained by the disputing Party and supported by written<br />

documentation as described in Section 1.12.1. By way of example and not by<br />

limitation, a billing dispute will not include the refusal to pay all or part of a<br />

bill or bills when no written documentation is provided to support the dispute,<br />

nor shall a billing dispute include the refusal to pay other amounts owed by<br />

the billed Party until the dispute is resolved. Claims by the billed Party for<br />

damages of any kind will not be considered a billing dispute for purposes of<br />

this Section. If the billing dispute is resolved in favor of the billing Party, the<br />

disputing Party will make immediate payment of any of the disputed amount<br />

owed to the billing Party or the billing Party shall have the right to pursue<br />

normal treatment procedures. Any credits due to the disputing Party, pursuant<br />

to the billing dispute, will be applied to the disputing Party’s account by the<br />

billing Party immediately upon resolution of the dispute.<br />

1.12.3 If a party disputes a charge and does not pay such charge by the payment due<br />

date, such charges shall be subject to late payment charges as set forth in<br />

Section 1.13 of this Attachment 7. If a party disputes charges and the dispute<br />

is resolved in favor of such party, the other party shall credit the bill of the<br />

disputing party for the amount of the disputed charges along with any late<br />

payment charges assessed immediately after the resolution of the dispute.<br />

Accordingly, if a party disputes charges and the dispute is resolved in favor of<br />

the other party, the disputing party shall pay the other party the amount of the<br />

disputed charges and any associated late payment charges assessed<br />

immediately after the resolution of the dispute.<br />

1.13 Late Payment Charges<br />

1.13.1 Late Payment Charges. If either Party fails to remit payment for any charges<br />

described in this Attachment 7 by the payment due date, or if a payment or<br />

any portion of a payment is received by either Party after the payment due<br />

date, or if a payment or any portion of a payment is received in funds which<br />

are not immediately available to the other Party, then a late payment penalty<br />

shall be assessed. For bills rendered by Bell<strong>South</strong> for payment by <strong>TC</strong><br />

SYSTEMS, the late payment charge shall be calculated based on the portion<br />

of the payment not received by the payment due date times the late factor as<br />

set forth in the following Bell<strong>South</strong> tariffs, based upon the service for which<br />

payment was not received: for general subscriber services, Section A2 of the<br />

General Subscriber Services Tariff; for private line service, Section B2 of the<br />

Private Line Service Tariff; and for access service, Section E2 of the Access<br />

CCCS 342 of 433

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