Nextel comm NTN9368-A manual Nextel Terms and Conditions of Service, 113

Nextel Terms and Conditions of Service

Nextel Terms and Conditions of Service

Terms and Conditions

TERMS AND CONDITIONS OF SERVICE: Before calling the Nextel Customer Service Activation Number contained in these materials, you (“Customer”) must read and agree to the following terms and conditions of Nextel wireless telephone service (“Service”). By calling to activate service, 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. Customer understands that Company will rely upon the information provided by Customer including credit information, 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 understands that a security deposit or air time usage limit may be required.

1.USE OF SERVICE—Customer must comply with all FCC rules and regulations. Customer will not use the Service for any unlawful purpose. Customer will not use the Service in aircraft.

2.CREDIT APPLICATION—This Agreement shall be contingent upon Company’s approval of Customer’s credit. Company may require Customer to update credit information from time to time. Customer warrants and represents that all credit information furnished is complete, accurate and true. If Company subsequently determines that any statements regarding Customer’s credit are false, incomplete or inaccurate, Company may declare Customer to be in default and may exercise any remedies it has under these Terms and Conditions of Service and at law or in equity.

3.CUSTOMER RADIO EQUIPMENT—Company is not responsible for the installation, operation, quality of transmission or maintenance of the equipment. Company reserves the right to change or remove assigned codes and/or telephone numbers when such change is reasonably necessary in the conduct of its business. Customer does not have any proprietary interest in such codes or telephone numbers. Federal and state laws make it illegal for third parties to listen in on service, however complete privacy cannot be guaranteed.

4.SECURITY DEPOSITS—Company has the right, in its sole discretion, to require

Customer to make a deposit to guarantee payment of Service charges. Customer grants Company a security interest in such deposits, to secure the payment of all sums due thereunder as well as the performance of all other obligations Customer may have to the Company whether now existing or hereafter arising. 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 service appears to have excessive charges 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.

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,

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