Nextel® Terms and Conditions of Service
conflicts with this Agreement, this Agreement shall govern. IN CONSIDERATION OF THE PAYMENTS AND THE MUTUAL COVENANTS AND CONDITIONS SET FORTH IN THIS AGREEMENT, NEXTEL AND CUSTOMER AGREE AS FOLLOWS:
1.ACCEPTANCE OF THIS AGREEMENT - Customer will have accepted and be bound by this Agreement if Customer (1) provides Nextel with a written or electronic signature; (2) otherwise indicates electronically that Customer accepts; or
(3) activates Service through the Equipment.
Creditworthiness of Customer - Customer must complete a credit application (“Credit Application”) before Service may be provided to Customer.
THIS AGREEMENT SHALL NOT BE EFFECTIVE UNTIL NEXTEL APPROVES CUSTOMER’S CREDIT APPLICATION AND OTHERWISE ACCEPTS THE AGREEMENT. Customer acknowledges that Nextel will rely on the credit information furnished by Customer (“Credit Information”) and Customer’s credit history to determine whether to provide Service to Customer. Customer consents to Nextel’s requests for and verification of Customer’s bank references and authorizes Nextel to assess Customer’s creditworthiness from time to time by contacting standard commercial credit reference services. Customer represents and warrants that all Credit
Information is current, complete and accurate. Nextel may require Customer to update its Credit Information from time to time, and Customer agrees to notify Nextel immediately of any change to its Credit Information. NEXTEL MAY, AT ANY TIME, TERMINATE THE SERVICE OF ANY CUSTOMER THAT DOES NOT PROVIDE CURRENT, COMPLETE AND ACCURATE CREDIT INFORMATION. Nextel may, at any time in its sole discretion, place restrictions on Customer’s use of Service, including but not limited to, a limitation on the amount of charges Customer may incur with respect to any Number. In this event, Nextel shall provide reasonable notice to Customer. Customer acknowledges that Nextel may provide Customer’s payment history and other billing/charge information regarding the Service or Equipment to any credit reporting agency or industry clearinghouse.
Deposits - Nextel may, at any time in its sole discretion, require a deposit (“Deposit”) from Customer to be held as a guarantee of payment. Customer grants to Nextel a security interest in any Deposit to secure all current or future amounts owed to Nextel. The Deposit may be mixed with other funds and will not earn interest, except as required by applicable law. Customer may not use the Deposit to pay Customer’s bills or to extend payment. Nextel may, at any time, determine that Customer’s Deposit is insufficient and, upon notice
101