Nextel® Services Guide
Agreement, any credit balance remaining after the deposit is applied will be applied to any amounts that may become owing to the Company in the future except that, at Customer’s request, amounts of $50 or more will be released to the Customer at the latest address known to Company within 30 days of the Customer request. In all cases, Customer agrees that any remaining balance will be retained by Company in the event the postal service is unable to deliver the funds to the Customer at the latest address known to Company. Company reserves the right to interrupt Services if Service appears to have excessive charges, payments are delinquent, any unusual calling patterns are observed on Customer’s account, or during public safety emergencies. 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.
10.RATES, CHARGES, AND PAYMENT – The price established for Service is set forth in the current Company rate plan(s) selected by Customer. 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 is responsible to pay Company, on a timely basis, for charges for Service as set forth on the front of this Agreement, and any modifications thereto. If Customer elects to pay using a Company-approved credit or debit card, Customer hereby authorizes Company to charge the credit or debit cards specified by Customer from time to time on a recurring basis for all charges incurred on the Company Account Numbers set forth on Customer’s invoice. Customer (i) expressly authorizes Company to charge Customer’s designated credit or debit card account number(s)for all fees and charges incurred; and (ii) reauthorizes Company to charge such account number each time services are used. Customer shall promptly notify Company of any changes to the credit or debit card or bank account used for payment. Enrollment is for the duration of this Agreement unless cancelled earlier by either party with thirty (30) days advance written notice to the other party. 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 on the invoice. Direct Connect, Group Connect, and Nationwide Direct Connect charges are calculated by multiplying the minutes of use, number of participants, and applicable rate, to be paid by the initiator. 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 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 the invoice shall be subject to late payment charges as set forth in this Agreement. If the parties have agreed that payments are to be made in installments, or on credit, as indicated on the front of this Agreement, Customer shall be responsible for paying amounts due as agreed to in this Agreement. 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.
11.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 late 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 not 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 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 thirty (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 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
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