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Nextel Terms and Conditions of Service
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Agreement by the length of the temporary suspension. If Customer changes rate
plans during the Service Term of this Agreement, or upgrades Equipment at any
time, then Customer may be required to start a new Service Term of up to 24
months as of the date of the change or upgrade and may be subject to a transfer fee.
3. CREDIT APPLICATION - This Agreement shall be contingent upon Company's
approval of Customer's credit application. Company may require Customer to
update its credit application or information from time to time. Customer warrants
and represents that all information furnished on the credit application is current,
complete, accurate, and true. If Company subsequently determines that any
statements made on the credit application are false, incomplete or inaccurate,
Company may declare Customer to be in default under this Agreement and may
exercise any remedies it has under this Agreement at law or in equity. Customer
understands that Company will rely upon the credit information provided by
Customer, including but not limited to Customer's social security number or tax
identification number, and other confidential and personal financial and credit
information requested by Company and supplied by Customer, in making a decision
to provide Services. Customer consents to Company's requests for and verification
of Customer's bank references and Company's performance of a credit history check
utilizing standard commercial credit reference services in connection with
Company's review of the Customer's creditworthiness. Customer acknowledges that
Company may provide payment history and other billing/charge information to a
credit-reporting agency for inclusion in Customer's records maintained by such
credit-reporting agency. Customer understands that a security deposit or airtime
usage limit may be required.
4. EQUIPMENT AND INSTALLATION - If the sale is for cash only, title to the
Equipment shall be transferred to Customer upon receipt by Company of a cashier's
or certified check or other equally secure form of payment in the amount set forth
on the front of this Agreement. Company shall not be liable to Customer for delays
in delivery or unavailability of Equipment or any part thereof or for the cancellation
of any orders of Equipment by the manufacturer. Customer, at its option, may have
the Equipment installed by Company at the rate specified on the front of this
Agreement. If Customer purchases the Equipment on credit or an installment basis,
installations, repairs, and removal of Equipment must be performed by a party
authorized by Company. Company shall not be liable for any damage to Customer's
vehicle(s) or Equipment that may result from installation of Equipment by any
person who is not employed by Company. Customer shall not modify, disassemble,
de-install or alter the Equipment in any manner whatsoever, except in accordance
with the User Guide accompanying the Equipment.
5. CUSTOMER RADIO EQUIPMENT - Company is not responsible for the
installation, operation, quality of transmission, or, unless separate maintenance
arrangements have been made between Company and Customer, maintenance of
the Equipment. Any change in Service or Equipment may require additional
programming or Equipment or changes to assigned codes or numbers which may
require programming fees. Company reserves the right to change or remove
assigned codes and/or numbers when such change is reasonably necessary in the