Summary to Changes of Terms and Conditions of Long Distance Service
for California Residents Only
(a) The prohibition against consequential, incidental, punitive, or exemplary damages contained in Section 7, subpart (e) of the VarTec's Terms and Conditions no longer apply to California customers;
(b) The prohibition against consolidation of cases contained in Section 7, subpart (g) will no longer apply to California customers;
(c) Arbitration fees under the USAA will be left to the discretion of the arbitrator, for California residents, with no presumption that the costs should be split between the parties pursuant to the USAA and case law interpreting its provisions;
(d) To effectuate the changes set forth in subparagraphs 1.1(a)-(c), above, VarTec has inserted a new subpart (h) to Section 7 of its Terms and Conditions which states:
"CALIFORNIA RESIDENTS ONLY: SECTION 7, SUBPARTS (E) AND (G) ARE NOT APPLICABLE TO CALIFORNIA RESIDENTS. FOR ARBITRATIONS INITIATED BY CALIFORNIA RESIDENTS, THE DIVISION OF COSTS SHALL BE WITHIN THE DISCRETION OF THE ARBITRATOR AND THERE SHALL BE NO PRESUMPTION THAT THE COSTS SHALL BE SPLIT BETWEEN THE PARTIES. WITH RESPECT TO CALIFORNIA RESIDENTS ONLY, ANY REQUIREMENT UNDER THE USAA OR THE CASES INTERPRETING THE USAA THAT CONFLICT WITH SUBPART (F) ABOVE SHALL BE EXPRESSLY WAIVED."
(e) There is no longer a prohibition against confidentiality for California residents, however VarTec will be entitled to seek confidentiality on a case-by-case basis;
(f) For California residents, VarTec will provide thirty (30) days notice of any material change in its Terms and Conditions which includes rates changes in place of the ten (10) day notice currently provided for any change in its Terms and Conditions. To effectuate this change VarTec has inserted the following language at the end of Section 11 ("How We Give Notice to You"), subpart (a), of its Terms and Conditions:
"FOR CALIFORNIA RESIDENTS ONLY: THE NOTICE PERIOD IN SECTION 11 IS MODIFIED TO 10 DAYS IN ADVANCE FOR ANY IMMATERIAL CHANGE AND 30 DAYS FOR ANY MATERIAL CHANGE, WHICH INCLUDES RATE CHANGES AND OTHER CHANGES TO THE TERMS AND CONDITIONS IN THE AGREEMENT WHICH COMPANY BELIEVES ARE MATERIAL TO YOUR SCOPE OF SERVICES."
(g) VarTec has also inserted the phrase "Subject to section 7(i) above" (which provides for a two (2) year contractual statute of limitations) at the beginning of Section 13 ("Miscellaneous"), subpart (g) ("Waiver of Claims") so that the entire subpart will read as follows:
"Subject to section 7(i) above, if we do not enforce a claim or right, this does not amount to a waiver of our right to enforce such a claim or right."
Updated Terms and Conditions
