Nextel Connection Manager User Guide
Nextel Terms and Conditions
Nextel® Terms and Conditions of Service
IT IS IMPORTANT THAT YOU READ THIS ENTIRE AGREEMENT CAREFULLY. This wireless service agreement (the “Agreement”),
consisting of these Terms and Conditions and the Plan Information is an agreement between you individually or, if a business, your
business entity or corporation (“Customer”), and the Nextel local operating affiliate authorized to provide service in the geographic region in
which Customer’s billing address is located (“Nextel”). Should there be any conflict between this Agreement and the terms and conditions
of the current Service Agreement or Subscriber Agreement or other agreement between Customer and Nextel covering the Equipment (as
defined below) accompanying this User’s Guide, the terms and conditions of the current Service Agreement or Subscriber Agreement or
other agreement will control. Customer represents that (1) he or she is at least 18 years of age and is legally competent to enter into this
Agreement; (2) if acting on behalf of an entity, he or she is fully authorized to bind the entity; (3) if acting on behalf of a corporation, the
execution of this Agreement has been authorized by all necessary corporate actions. These services may include, but are not limited to,
wireless calling, Direct Connect
®
walkie-talkie services, Nationwide Direct Connect
®
walkie-talkie services, Group Connect
®
walkie-talkie
services, “Wireless Data Services” (including, but not limited to, wireless web services, email services, text messaging, multimedia
messaging and other mobile messaging services), and other related services and features. Together, the services selected by Customer
make up Customer’s “Service Plan” and are collectively referred to in this Agreement as the “Service” provided to Customer. Service is
accessible to Customer through the telephone, data, email or messaging code or number(s) or email address(es) (collectively, the
“Number(s)”) assigned to Customer’s account. This Agreement also governs the purchase and or use of Customer’s cellular phone
(“Phone”), BlackBerry®, radio equipment and all other related equipment or devices and the software applications loaded on any of the
same used in connection with the Service (“Equipment”). This Agreement governs the entire relationship between Customer and Nextel
and supersedes all earlier versions of any agreement between Customer and Nextel. Customer acknowledges receipt of detailed
information (“Plan Information”) for each Service selected by Customer. ALL PLAN INFORMATION IS MADE PART OF THIS
AGREEMENT AND SHOULD BE CAREFULLY REVIEWED BY CUSTOMER. If Plan Information conflicts with this 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 this period without incurring any
liability for early termination. If Customer does not furnish Nextel with the increased Deposit amount or terminate the Agreement and pay
to Nextel all amounts Customer owes to Nextel in a timely manner, Nextel may terminate the Agreement and Customer shall be liable to
Nextel for early termination in accordance with Section 7 below. Nextel will apply the Deposit against any amount owed to Nextel at the
end of the first billing cycle following the date that is one year from when Nextel received the deposit (“Application Date”), or, if earlier,
upon termination of the Agreement or such other time as required by law. Nextel will return the Deposit (or any remaining balance) to
Customer within ninety (90) days (or such shorter period as may be required by law) after termination of the Agreement. After the
Last updated: 5/26/05
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