Motorola i95cl manual 167, Nextel Terms and Conditions of Service

Nextel Terms and Conditions of Service

Service appears to have excessive charges, payments are delinquent, or any unusual calling patterns are observed on Customer’s account. Such interruption may be done to protect Customer or Company as the Company determines in its sole discretion, but in no event shall the Company be liable to the Customer or to any third party by reason of interrupting or failing to cause an interruption of Service.

5.RATES, CHARGES, AND PAYMENT – Company shall issue invoices for Service. Monthly Access charges shall be invoiced in advance. Airtime and long distance charges shall be invoiced in arrears. Customer agrees to pay Company, on a timely basis, for charges by Company for Service. Customer acknowledges that chargeable time for telephone calls and Nextel Direct Connect call transmissions originated by a unit begin when a connection is established with Company facilities. A new Nextel Direct Connect call is initiated by a call participant if that participant responds more than six (6) seconds after the other party finishes its Nextel Direct Connect transmission. Customer accepts responsibility for Airtime charges from incoming telephone calls to its mobile unit from the time that Customer responds to the call. If Customer disputes any Service charges, Customer must pay the entire amount set forth in the invoice by the due date and submit a written explanation within forty five (45) days from the date Company charges Customer for the disputed Service. If Company determines that an error was made with respect to any disputed Service charges, Company shall credit Customer’s account in the amount of the error. If Customer does not pay the amount in dispute owed to Company, Company may exercise any remedies it may have under this Agreement for non-payment of Service charges. Company reserves the right to modify any and all elements of the Service charges at any time and each such modification shall be effective immediately upon the Company’s communication thereof to Customer, unless the Company’s communication indicates a later effective date with respect to such modification. Payments which are not received within thirty (30) days from the date of Company’s communication thereof to Customer, Customer shall be subject to late payment charges of 1.5% of the disputed Service charges (or the maximum interest rate permitted by law). The late payment charge is for costs related to the non-timely payment and shall not be deemed an interest payment. If the parties have agreed that payments are to be made in installments, or on credit, Customer shall be responsible for paying amounts due as agreed. If Customer does not make all payments when they are due, such failure shall be a default under this Agreement and Company shall be entitled to exercise any remedies it may have under this Agreement or at law or in equity. If the sale of the Equipment is on a credit or installment basis and the Customer accepts delivery of the Equipment, the Customer may not return the Equipment or receive a refund or any amounts paid and agrees to continue making payments as required under this Agreement until the Equipment sale price is paid in full.

6.NONPAYMENT/BREACH – 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 at any time or from time to time. If Company obtains the services of a collection or repossession agency or an attorney to assist Company in remedying Customer’s breach of this Agreement, including but not limited to the nonpayment for charges hereunder, Customer shall be liable for this expense. Customer understands that in the event of nonpayment of charges or any other breach of the terms and conditions of this Agreement, in addition to any other remedies Company may have, Company may temporarily or permanently terminate Service to Customer. If Service is terminated and not reconnected within 30 days, all outstanding payments to be made in installments are accelerated and immediately due in full. If Company disconnects the Service, Customer shall be liable to satisfy and discharge all outstanding amounts due and may, at Company’s sole discretion, be required to pay a reconnect charge of $25.00 per unit, in addition to any advance payment of Service charges that may be requested by the Company at its discretion, before the Company will reactivate Service. Company reserves the right to modify the terms of Service as a precondition to reactivating Service. If the Equipment is purchased on an installment basis, or credit, the Company may take possession of the Equipment, at any time wherever the same may be without legal process and without being responsible for loss and damage.

7.NEXTEL ONLINE SERVICES – Nextel Online Services, consisting of certain applications such as email, data, information and other wireless internet services (the “Applications”) are part of the Services that can be obtained through Company. Certain Applications offered by Company or authorized third parties may be compatible with the Equipment and/or the Service offered by Company. Customer acknowledges and agrees that there is no guarantee or assurance that the Applications are compatible, or will continue to be compatible, with Company’s System or any of its Equipment or Service offerings. Such compatibility or approval from Company of compatibility shall

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