Nextel Terms and Conditions of Service
TERMS AND CONDITIONS OF SERVICE: This Agreement starts when you open the inside package of any phone or accessory equipment (“Equipment”), you (“Customer”) received with this Agreement, or when you call to activate Nextel wireless communications services (“Service”), or when you sign this Agreement, whichever applies. By using the Equipment, Customer applies and subscribes for Services provided by Nextel (the “Company”) and confirms that Customer has read, understands, agrees to and accepts the terms and conditions stated herein (the “Agreement”). Should there be any conflict between the terms and conditions below, and the terms and conditions of any current Service/ Subscriber Agreement between Customer and Company covering the Equipment accompanying this User’s Guide, the terms and conditions of the current Service/Subscriber Agreement will control.
1.USE OF SERVICE – Customer acknowledges that it complies with all FCC rules and regulations. Customer will not use the Service for any unlawful purpose. Customer will not use the Service in aircraft or in motor vehicles in violation of law, regulation or ordinance. Customer acknowledges and agrees that all future purchases of Company Services and Equipment by customer shall be governed by the terms and conditions contained herein unless Customer and Company enter into a subsequent Service/Subscriber Agreement. Company may change this Agreement at any time. Any changes are effective when Company provides Customer with written notice stating the effective date of the change(s). If Customer elects to use the Services or make any payment to Company on or after the effective date of the changes, Customer is deemed to have accepted the change(s). If Customer does not accept the changes, Customer may terminate Services as of the effective date at the address shown on Customer’s bill. If Services are terminated before the end of the current billing cycle, (i) no credit or refund will be provided for unused airtime; and (I) any monthly recurring charge will not be prorated to the date of termination.
2.CREDIT APPLICATION – This Agreement shall be contingent upon Company’s approval of Customer's credit application. Company may require Customer to update its credit application or information from time to time. Customer warrants and represents that all information furnished on the credit application is current, complete, accurate, and true. If Company subsequently determines that any statements made on the credit application are false, incomplete and inaccurate, Company may declare Customer to be in default under this Agreement and may exercise any remedies it has under this Agreement at law or in equity. Customer understands that Company will rely upon the credit information provided by Customer, including but not limited to Customer’s social security number or tax identification number, and other confidential and personal financial and credit information requested by Company and supplied by Customer, in making a decision to provide Services. Customer understands that Company may request and verify Customer’s bank references and perform a credit history check utilizing standard commercial credit reference services in connection with Company’s review of the Customer’s credit worthiness. Customer acknowledges that Company may provide payment history and other billing/charge information to a credit reporting agency for inclusion in Customer’s records maintained by such credit reporting agency. Customer understands that a security deposit or airtime usage limit may be required.
3.CUSTOMER RADIO EQUIPMENT – Company is not responsible for the installation, operation, quality of transmission, or maintenance of the Equipment. Any change in Service or Equipment may require additional programming or Equipment or changes to assigned codes or numbers which may require programming fees. Company reserves the right to change or remove assigned codes and/or numbers when such change is reasonably necessary in the conduct of its business. Customer does not have any proprietary interest in such codes or numbers. Although Federal and state laws may make it illegal for third parties to listen in on service, complete privacy cannot be guaranteed. Company shall not be liable to Customer or to any third party for any eavesdropping on or interception of communications from Company’s System.
4.DEPOSITS – Company has the right, exercisable in its sole discretion at any time or from time to time, to require Customer to make a deposit to guarantee payment of sums due hereunder, including Service charges. Customer hereby grants Company, as applicable, a security interest in such deposits, to secure the payment of all sums due hereunder as well as the performance of all other payment obligations Customer may have to the Company whether now existing or hereafter rising. Upon termination of Service, Company may apply the deposit against any outstanding Service charges of Customer or any other amount owed to Company. Company reserves the right to interrupt Services if
