Nextel Terms and Conditions of Service
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.
12.RISK OF LOSS:INSURANCE – Upon Customer’s acceptance of delivery of the Equipment, all risk of loss, damage, theft, or destruction to the Equipment shall be borne by the Customer. No such loss, damage, theft, or destruction of the Equipment, in whole or part, shall impair the obligations of Customer hereunder, including, without limitation, responsibility for the payment of Service Charges due hereunder.
13.PROPERTY DAMAGE INSURANCE – If Customer selects Direct Protect insurance protection, Company will remit the monthly charge for the insurance which appears on Customer’s bill to The Signal Telecommunications Insurance Services (“Signal ”) on Customer’s behalf. Customer acknowledges that insurance protection is offered by the Signal, not Company, and that any requests for information or claims regarding the insurance shall be directed to Signal. Customer acknowledges having received a summary of coverage, including deductible information, which is also available by calling Signal at
14.TAXES, FEES, SURCHARGES &ASSESSMENTS – Customer must pay all federal, state, and local taxes, fees, surcharges, and other assessments (collectively, “Charges”) that are imposed on transactions subject to this Agreement. Customer will be responsible for such charges regardless of whether the Charge is: (a) imposed upon the sale of telecommunications services, other services, equipment, and/or other products; (b) measured by gross receipts from sales made by Company to Customer; (c) imposed upon the Customer or upon the Company;(d) imposed as a
15.COVERAGE AREA – Local Dispatch ((Direct Connect), cellular calling, Nextel Wireless Web Services, and respective coverage areas for these Services are subject to change at any time at the sole discretion of Company.
16.LIMITATION AND CONDITION OF LIABILITY;INDEMNITY – Company does not assume and shall have no liability under the Agreement for (i) failure to deliver the Equipment within a specified time period; (ii) availability and delays in delivery of the Equipment, or (iii) damage caused to the Equipment due directly or indirectly to causes beyond the control of Company, including, but not limited to acts of God, acts of the public enemy, acts of the government, acts or failure to act of the Customer, its agents, employees or subcontractors, fires, floods, epidemics, quarantine restrictions, corrosive substances in the air or other hazardous environmental conditions, strikes, freight embargoes, inability to obtain materials or services, commotion, terrorism, war, unusually severe weather conditions or default of Company’s subcontractors whether or not due to any such causes; (iv) the use of Nextel Online Services, including but not limited to the accuracy or utility of any information acquired from the Internet through Nextel Online Services; or Internet Services, Content or Applications whether or not supported by Company; or (v) any action Company takes in its sole discretion to protect Company’s network, systems, and the rights or property of Company, its subscribers, or others from “hacking,” “spamming,” “viruses ” or other acts of third parties that Company believes adversely impact its network or systems. WITHOUT LIMITING THE FOREGOING, 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. EXCEPT AS OTHERWISE SET FORTH IN THE PRECEDING SENTENCE, IN NO EVENT IS THE COMPANY LIABLE FOR ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR OTHER INDIRECT DAMAGES CAUSED BY ITS NEGLIGENCE OR OTHERWISE, NOR FOR ECONOMIC LOSS, PERSONAL INJURIES OR PROPERTY DAMAGES SUSTAINED BY THE 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.
17.COMPLETE AGREEMENT/SEVERABILITY/WAIVER – This Agreement sets forth all of the agreements between the parties concerning the Service and purchase of the Equipment, and there are no oral or written agreements between them other than as set forth in this Agreement. Except for changes made by Company in accordance with Section 1 above, no amendment or addition to this Agreement shall be binding upon Company unless it is in writing and signed by both parties (and, in the case of the Company, by an officer of the Company). Company shall not be bound by the terms and conditions in Customer’s purchase order or elsewhere, unless expressly agreed to in writing by an officer of the Company. This Agreement becomes
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