53
General Terms and Conditions
Agreement, this Agreement shall govern. IN CONSIDERATION OF THE
PAYMENTS AND THE MUTUAL COVENANTS AND CONDITIONS SET
FORTH IN THIS AGREEMENT, NEXTEL AND CUSTOMER AGREE AS
FOLLOWS:
1.ACCEPTANCE OF THIS AGREEMENT - Customer will have accepted
and be bound by this Agreement if Customer (1) provides Nextel with a
written or electronic signature; (2) otherwise indicates electronically that
Customer accepts; or (3) activates Service through the Equipment.
Creditworthiness of Customer - Customer must complete a credit
application ("Credit Application") before Service may be provided to
Customer. THIS AGREEMENT SHALL NOT BE EFFECTIVE UNTIL
NEXTEL APPROVES CUSTOMER'S CREDIT APPLICATION AND
OTHERWISE ACCEPTS THE AGREEMENT. Customer acknowledges
that Nextel will rely on the credit information furnished by Customer
(“Credit Information”) and Customer's credit history to determine whether
to provide Service to Customer. Customer consents to Nextel's requests
for and verification of Customer's bank references and authorizes Nextel
to assess Customer's creditworthiness from time to time by contacting
standard commercial credit reference services. Customer represents
and warrants that all Credit Information is current, complete and
accurate. Nextel may require Customer to update its Credit Information
from time to time, and Customer agrees to notify Nextel immediately of
any change to its Credit Information. NEXTEL MAY, AT ANY TIME,
TERMINATE THE SERVICE OF ANY CUSTOMER THAT DOES NOT
PROVIDE CURRENT, COMPLETE AND ACCURATE CREDIT
INFORMATION. Nextel may, at any time in its sole discretion, place
restrictions on Customer's use of Service, including but not limited to, a
limitation on the amount of charges Customer may incur with respect to
any Number. In this event, Nextel shall provide reasonable notice to
Customer. Customer acknowledges that Nextel may provide Customer's
payment history and other billing/charge information regarding the
Service or Equipment to any credit reporting agency or industry
clearinghouse.
Deposits - Nextel may, at any time in its sole discretion, require a deposit
(“Deposit”) from Customer to be held as a guarantee of payment.
Customer grants to Nextel a security interest in any Deposit to secure all
current or future amounts owed to Nextel. The Deposit may be mixed
with other funds and will not earn interest, except as required by
applicable law. Customer may not use the Deposit to pay Customer's
bills or to extend payment. Nextel may, at any time, determine that
Customer's Deposit is insufficient and, upon notice to Customer, require
an increase in the Deposit to the extent permitted by law. In this event,
Customer must either furnish the increased Deposit to Nextel within a
reasonable time of its receipt of notice or terminate the Agreement during
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