Blackberry SKYTEL, Service Instructions Manual

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Terms & Conditions
IN THE EVENT THE ENCLOSED MESSAGING DEVICE (“Device”) IS BEING PROVIDED TO YOU BY SKYTEL CORP.
(“SkyTel”) PURSUANT TO A SEPARATE AGREEMENT SIGNED BY SKYTEL, THE TERMS AND CONDITIONS OF SUCH
SEPARATE AGREEMENT SHALL CONTROL IN THE EVENT OF ANY CONFLICT WITH THE TERMS AND CONDITIONS
SET FORTH BELOW. Subject to the foregoing, the following Terms and Conditions (which are sometimes collectively referred to
herein as the “Agreement”) shall govern the provision of wireless messaging services (“Services”) to You by SkyTel for use with the
Device. Any terms and conditions proposed by You which are in addition to or which conflict with these Terms and Conditions (or the
terms and conditions of any separate agreement signed by SkyTel relative to provision of the Services) shall be of no force or effect. By
using the Services, You shall be deemed to have agreed to and accepted these Terms and Conditions, except to the extent otherwise
provided in any such separate agreement signed by SkyTel relative to provision of Services to You.
1. Term. The initial term of the Agreement shall be for the period as designated by You when activating the Service (“Initial Term”). Upon
expiration of the Initial Term, the term of the Agreement shall continue on a month-to-month basis and may be terminated by either party
upon at least thirty (30) days advance written notice to the other. In the event You deactivate the Services during the Initial Term, You shall
pay to SkyTel, in addition to any other amounts due and owing to SkyTel, a lump sum fee equal to twenty-five percent (25%) of the balance
of the aggregate monthly recurring airtime charges SkyTel would have been entitled to during the Initial Term had such Services not
been deactivated. Any term discounts extended to You by virtue of Your agreement to an Initial Term of one (1) year or more shall be applied
only to the base monthly recurring airtime charges (i.e., term discounts are not applied to overcall charges or charges for any optional/
enhanced service features), and are conditioned upon Your payment obligations to SkyTel remaining in current status. In the event
payments become sixty (60) days or greater in arrears, SkyTel reserves the right to revoke the term discount on the unpaid balance as
well as on all future charges.
2. Devices.
(a) You shall pay shipping costs for any Device shipped by SkyTel to You. Title to any Device rented from SkyTel shall remain in SkyTel
at all times. You shall return all rental Devices to SkyTel within thirty (30) days following deactivation of the Device or the termination
of the Agreement, whichever first occurs. You shall have full responsibility for, and shall pay SkyTel for the replacement cost of, any Device
rented from SkyTel that (i) is not timely returned to SkyTel in accordance with the foregoing, or (ii) subject to Section 2(b) below, is lost,
stolen or damaged.
(b) SkyTel shall repair or replace, at no charge to You, any defective Device which is (i) rented from SkyTel or (ii) either purchased from
SkyTel or leased through Golden Eagle Credit Corporation if such purchased or leased Device is covered by maintenance protection
procured through SkyTel; provided, that SkyTel shall not be responsible for the cost of repair or replacement of any Device due to
intentional damage, misuse or abuse. You shall return to SkyTel any Device that is replaced in accordance with the foregoing within thirty
(30) days following receipt of the replacement Device, and shall pay SkyTel for the replacement cost of any such Device that is not timely
returned to SkyTel. SkyTel shall assist You in the repair of any purchased or leased defective Device which is not covered by maintenance
protection, it being understood the cost of repair of any such Device will be subject to the applicable manufacturer’s warranty. SkyTel
shall also replace, at SkyTel’s expense, any Device rented from SkyTel that is lost or stolen if You have elected to procure loss protection
through SkyTel for such Device prior to receipt thereof.
3. Fees and Charges. You shall timely pay all fees and charges accruing hereunder, including, without limitation, monthly recurring
fees (which are payable in advance and not contingent upon usage) and applicable usage charges (which are payable in arrears). SkyTel
shall bill You for such fees and charges on a monthly basis, with payment being due within thirty (30) days following the date of SkyTel’s
invoice. Any balance not paid by such due date shall bear interest from and after the invoice date at the lesser of one and one-half percent
(1
1
/2%) per month or the maximum rate of interest allowed by law. Amounts due and owing to SkyTel shall not be subject to offset or
reduction for any reason. If applicable, SkyTel shall be authorized to prepare, process and negotiate credit card charge forms for any
credit card account designated by You in and for all fees and charges (including, without limitation, all recurring and non-recurring
fees and charges) payable by You under the Agreement. All sales, use and other such governmentally imposed or authorized taxes, fees,
surcharges and/or assessments relating to this Agreement shall be paid by You. SkyTel reserves the right to modify the fees and charges
payable hereunder; provided, however, that (i) SkyTel may increase such fees and charges only upon at least thirty (30) days’ notice to
You, and (ii) SkyTel may not increase such fees and charges until expiration of the Initial Term.
4. Disclaimer of Warranties and Limitation of Liabilities.
(a) SKYTEL, ITS EMPLOYEES, SALES AGENTS AND REPRESENTATIVES, MAKE NO WARRANTIES, EXPRESS OR IM-
PLIED, CONCERNING THE SERVICES, THE DEVICE OR THE MESSAGING NETWORK THROUGH WHICH THE SER-
VICES ARE PROVIDED, AND HEREBY EXPRESSLY DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING WARRANTIES
OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE OR PURPOSE. Under no circumstances shall SkyTel, its sales
agents or representatives be liable to You or any other person for any loss, injury or damage, of whatever kind or nature, resulting from
or arising out of any mistakes, errors, omissions, delays or interruptions in the receipt, transmission or storage of any messages,
signals or information arising out of or in connection with the Services or use of the SkyTel wireless messaging network. WITHOUT
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