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GENERAL TERMS AND CONDITIONS /SOUTHWESTERN BELL TELEPHONE, L.P.
SBC TEXAS/CLEC JOINT PETITIONERS
PAGE 20 OF 52
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TEXAS intrastate access services tariff for that state and (ii) the highest rate of interest
that may be charged under Applicable Law.
8.2.2 If any charge incurred under this Agreement that is billed out of SBC TEXAS’ CRIS is
Past Due, the unpaid amounts will accrue interest from the day following the Bill Due
Date, until paid. The interest rate applied to SBC TEXAS CRIS-billed Past Due unpaid
amounts will be the lesser of (i) the rate used to compute the Late Payment Charge
contained in the applicable SBC TEXAS intrastate retail tariff governing Late Payment
Charges to SBC TEXAS’ retail End Users that are business End Users in that state and
(ii) the highest rate of interest that may be charged under Applicable Law.
8.3 Each Party shall make all Payments in U.S. Dollars to the other party via electronic funds credit
transfers through the Automated Clearing House Association (ACH) network to the financial
institution designated by Party receiving the payment. At least thirty (30) days prior to the first
transmission of billing data and information for payment, SBC TEXAS will provide the name and
address of its bank, its account and routing number and to whom billing payments should be made
payable. If such banking information changes, each Party will provide the other Party at least sixty
(60) days written notice of the change and such notice will include the new banking information.
CLEC and SBC TEXAS shall abide by the National Automated Clearing House Association
(NACHA) Rules and Regulations. Each ACH credit transfer shall be received by the billing Party
no later than the applicable due date of each bill or late payment charge/interest will apply as
provided in Section 8.2.1 above. The Party receiving payment shall not be liable for any delays in
receipt of funds or errors in entries caused by the paying Party or third parties, including the paying
Party's financial institution. The paying Party is responsible for its own banking fees. Each Party
will provide the other Party with a contact person for the handling of billing payment questions or
problems.
8.3.1 SBC TEXAS and CLEC shall provide each other with remittance advices, providing
detailed account information for proper application of the payment made by the paying
Party. The remittance advice shall be transmitted electronically by 1:00 A.M. Eastern
Time on the date the payment is effective, via an 820 EDI process, or, if the Parties agree,
through the ACH network. Such process shall be utilized by the Parties beginning no later
than three (3) months after the Effective Date of this Agreement, unless otherwise agreed
between the Parties.
8.3.2 In the event CLEC receives multiple and/or other bills from SBC TEXAS which are
payable on the same date, CLEC may remit one payment for the sum of all such bills
payable to SBC TEXAS’ bank account designated pursuant to Section 8.3 and CLEC will
provide SBC TEXAS with a payment advice pursuant to Section 8.3.1.
8.4 Billing Disputes Related to Paid Amounts
8.4.1 In order for a Billed Party to dispute all or a portion of amounts it has paid, it must:
8.4.1.1# within eleven months of the Billed Party’s receipt of the bill in question, give
written notice to the Billing Party, by using the standard document, if any, made
available by the Billing Party, unless otherwise agreed, of the amounts it disputes
(“Disputed Amounts”) and include in such written notice the total amount
disputed and the specific details and reasons for disputing each item (including,
without limitation, and as applicable, the date of the bill in question, BAN/invoice
number of the bill, the telephone number, customer code, circuit ID number or
trunk number and the USOC information questioned). If the Billed Party
determines that additional information should be submitted to the Billing Party to