Motorola i390 manual Useful Information

Useful Information

5.RATES, CHARGES AND PAYMENTS — Company shall issue invoices for Service on a monthly basis which are due and payable upon receipt. Monthly Access Charges shall be invoiced in advance. Airtime and long-distance charges shall be invoiced in arrears. Customer is responsible to pay Company on a timely basis, for charges for Service payments as set forth on the Company’s then-current rate plans, and any modifications thereto. Customer acknowledges that chargeable time for telephone calls originated by a unit begins when a connection is established with Company facilities. Customer accepts responsibility for Airtime charges from invoicing telephone calls to its mobile unit from the time that Customer responds to the call. If Customer disputes any Service charges, Customer must pay entire amount set forth in the invoice by the due date and submit a written explanation within forty-five (45) days from the date on the invoice. If Company determines that an error was made on Customer’s invoice, Company shall credit Customer’s account in the amount of the error. If Customer does not pay the amount in dispute, Company may exercise any remedies it may have for non-payment of Service 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 non-timely payment and shall be deemed an interest payment. A charge of $25.00 will be made by Company for any check or negotiable instrument tendered by Customer and returned unpaid by a financial institution for any reason. Company may demand payment by money order, cashier’s check or similarly secure form of payment, at Company’s discretion. If Company obtains the service of a collection or repossession agency or an attorney to assist the Company in remedying Customer’s breach of any payment obligations, Customer shall be liable for this expense. Customer understands that in the event of nonpayment of charges or any other breach of these Terms and Conditions of Service in addition to any other remedies the Company may have, Company may temporarily or permanently terminate Service to Customer. If Company disconnects the Service, Customer shall be liable to pay a re-connect charge of $25.00 per unit, in addition to the outstanding Service charges before the Company will reactivate Service. Company reserves the right to modify the terms of service as a precondition to reactivating service.

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.

Useful Information

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 911 OR 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 MAYBE 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 MER- CHANTABILITY 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 COMPA- NY NEGLIGENCE AND INCLUDING, WITHOUT LIMITATION, LIABILITY FOR ANY LOSS OR DAMAGE RESULTING FROM THE INTERRUPTION OR FAILURE IN THE OPERATION OF ANY EQUIPMENT ACTIVATED ON THE SERVICE. THERE ARE NO WARRANTIES WHICH EXTEND BEYOND THE DESCRIPTION CONTAINED HEREIN. CUSTOMER ASSUMES THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE EQUIPMENT. IF THE EQUIPMENT PROVES DEFECTIVE, THE COSTS OF ALL NECESSARY SERVICING AND REPAIR WILL BE BORNE BY THE CUSTOMER.

©1998 Nextel Communications. All rights reserved.

Nextel, the Nextel logo, Nextel Direct Connect and YOU’VE NEVER USED A PHONE LIKE THIS BEFORE. are trademarks and/or service marks of Nextel Communications, Inc. www.nextel.com

, and iDEN are registered trademarks of Motorola, Inc.

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