charges. Company reserves the right to modify any and all elements of the Service charges at any time. Payments which are not received within thirty (30) days from the day of the invoice shall be subject to late payment charges. If Customer does not make payments, such failure shall be a default and Company shall be entitled to exercise any remedies it may have under these Terms and Conditions of Service or at law or in equity.
6.NONPAYMENT/BREACH — A late payment charge of 1.5% (or the maximum interest rate permitted by law) per month, may be applied to Customer’s account if monthly invoices are not paid by the due date. The later payment charge is applied to the total unpaid balance due and outstanding. The late payment charge is for costs related to the
7.TAXES — Customer is responsible for all federal, state and local taxes for fees which are computed in accordance with the appropriate tax laws for Services.
8.LIMITATION AND CONDITION OF LIABILITY/INDEMNITY — The Company’s sole liability for Service disruption, whether caused by the negligence of the Company or otherwise, is limited to a credit allowance not exceeding an amount equal to the proportionate charge to the Customer for the period of Service disruption. In no event is the company or lessor liable for actual consequential or special damages caused by its negligence or otherwise nor for economic loss, personal injuries or property damages sustained by customer or any third parties. Customer agrees to indemnify, defend and hold Company harmless from any Customer violations of FCC rules and regulations or Customer violation of any statutes, ordinances or laws of any local, state or federal public authority.
9.NOTICE REGARDING USE OF SERVICE FOR 911 OR OTHER EMERGENCY CALLS — The Service provider hereunder does not interact with 911 and other emergency services in the same manner as land line telephone service. Depending on the circumstances of a particular call, the Service provided hereunder may not be able to identify your location to emergency services and may not always be connected to the appropriate emergency services provider. Customer agrees to hold company harmless against any and all claims, demands, actions or causes of action (including all actions by third parties) arising out of the use or attempted use of the company’s service to access
911or other emergency services.10.NO WARRANTY (SERVICE) — Company makes no warranties, express or implied, including without limitation, any implied warranty of merchantability or fitness for a particular purpose to customer in connection with its use of the service. In no event shall company be liable for incidental or consequential damages to the full extent the same may be disclaimed by law. Customer acknowledges that service interruptions will occur from time to time and agrees to hold company harmless for all such interruptions.
11.NO WARRANTY (EQUIPMENT) — Company makes no warranties or representations of any kind, statutory, expressed or implied, to customer or any other purchaser of equipment activated on the service. Without limiting the foregoing, company specifically makes no express or implied warranties of merchantability or fitness for a particular purpose. Customer hereby waives all other warranties, guarantees, conditions or liabilities, express or implied, arising by law or otherwise. In no event shall company be liable for consequential, special or incidental damages, whether or not occasioned by
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