61
General Terms and Conditions
NEXTEL. This is intended to maintain Nextel's overall rate at an
acceptable level despite Customer's early termination and will be
assessed without exception unless otherwise provided in this Agreement
or by applicable law.
Failure to Pay - Customer acknowledges that time is of the essence with
respect to all amounts owed to Nextel. IF CUSTOMER HAS NOT PAID
ITS MONTHLY INVOICE IN FULL BY THE DUE DATE, A LATE
PAYMENT CHARGE OF UP TO 1.5% PER MONTH (18% ANNUALLY),
OR SUCH LESSER AMOUNT PERMITTED BY LAW, MAY BE
APPLIED TO THE TOTAL UNPAID BALANCE DUE AND
OUTSTANDING. THIS LATE PAYMENT CHARGE IS ASSESSED TO
RECOVER COSTS FOR CUSTOMER'S FAILURE TO PAY AND SHALL
NOT CONSTITUTE INTEREST. Nextel's acceptance of late or partial
payments (even if marked "paid in full" or similar notations) shall not
waive Nextel's right to collect the full amount due under this Agreement,
plus any additional amounts charged under this paragraph. If Nextel
obtains the services of a collection or repossession agency or an
attorney to assist in remedying any breach of this Agreement by
Customer, including but not limited to, Customer's nonpayment of
charges, Customer shall be liable for this expense.
Disputed Charges - Customer may dispute only those charges that
Customer believes are the result of (1) a billing error; (2) a problem
related to Customer's Service; or (3) dropped calls. To dispute any
charge, Customer must pay all undisputed amounts when due and
submit a written notice to Nextel within ninety (90) days of the problem or
before the end of the third billing cycle after the date upon which the
problem occurred, whichever occurs later. CUSTOMER WAIVES THE
RIGHT TO DISPUTE ANY CHARGES FOR WHICH TIMELY NOTICE IS
NOT PROVIDED TO NEXTEL. Nextel shall resolve all disputed charges
in its sole discretion. If Nextel determines that an error was made on
Customer's invoice, Nextel will credit Customer's account in the amount
of the error. If Nextel determines that a disputed charge was validly
assessed upon Customer, Nextel will notify Customer and Customer
must furnish the amount to Nextel within a reasonable period of time; or,
if authorized by Customer, Nextel may instead charge Customer's credit
card or debit card by any amount that was validly assessed. If Customer
fails to pay any undisputed amount or, after a reasonable period of time,
fails to pay any amount determined by Nextel to have been validly
assessed upon Customer, Nextel may exercise any remedies available
to Nextel under this Agreement for non-payment, including termination of
the Agreement. Customer hereby acknowledges that he or she has read
the explanation of rates and charges set forth in this Section 7 and
understands that these rates and charges may be assessed upon
Customer, to the extent applicable.
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