Nextel Terms and Conditions of Service
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due hereunder, including Service charges. Customer hereby grants Company, as
applicable, a security interest in such deposits, to secure the payment of all sums due
hereunder as well as the performance of all other payment obligations Customer may have
to the Company whether now existing or hereafter rising. 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, payments are delinquent, 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, 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.
5. RATES, CHARGES, AND PAYMENT—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 by Company for Service. 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. 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, Customer shall be
responsible for paying amounts due as agreed. 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.
6. 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 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
