Motorola i2000 - Manual (Page 103)

Nextel Terms and Conditions of Service
101
charges. Company reserves the right to modify any and all elements of the Service charges
at any time. Payments which are not received within thirty (30) days from the day of the
invoice shall be subject to late payment charges. If Customer does not make payments,
such failure shall be a default and Company shall be entitled to exercise any remedies it
may have under these Terms and Conditions of Service or at law or in equity.
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 later 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 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. If Company obtains the service of a collection or repossession agency or an
attorney to assist the Company in remedying Customer’s breach of any payment
obligations, Customer shall be liable for this expense. Customer understands that in the
event of nonpayment of charges or any other breach of these Terms and Conditions of
Service in addition to any other remedies the Company may have, Company may
temporarily or permanently terminate Service to Customer. If Company disconnects the
Service, Customer shall be liable to pay a re-connect charge of $25.00 per unit, in addition
to the outstanding Service charges before the Company will reactivate Service. Company
reserves the right to modify the terms of service as a precondition to reactivating service.
7. TAXES — Customer is responsible for all federal, state and local taxes for fees which
are computed in accordance with the appropriate tax laws for Services.
8. LIMITATION AND CONDITION OF LIABILITY/INDEMNITY — The Company’s
sole liability for Service disruption, whether caused by the negligence of the Company or
otherwise, is limited to a credit allowance not exceeding an amount equal to the
proportionate charge to the Customer for the period of Service disruption. In no event is
the company or lessor liable for actual consequential or special damages caused by its
negligence or otherwise nor for economic loss, personal injuries or property damages
sustained by customer or any third parties. Customer agrees to indemnify, defend and hold
Company harmless from any Customer violations of FCC rules and regulations or
Customer violation of any statutes, ordinances or laws of any local, state or federal public
authority.
9. NOTICE REGARDING USE OF SERVICE FOR 911 OR OTHER EMERGENCY
CALLS — The Service provider hereunder does not interact with 911 and other
emergency services in the same manner as land line telephone service. Depending on the
circumstances of a particular call, the Service provided hereunder may not be able to
identify your location to emergency services and may not always be connected to the
appropriate emergency services provider. Customer agrees to hold company harmless
against any and all claims, demands, actions or causes of action (including all actions by
third parties) arising out of the use or attempted use of the company’s service to access
911 or other emergency services.
10. NO WARRANTY (SERVICE) — Company makes no warranties, express or implied,
including without limitation, any implied warranty of merchantability or fitness for a
particular purpose to customer in connection with its use of the service. In no event shall
company be liable for incidental or consequential damages to the full extent the same may
be disclaimed by law. Customer acknowledges that service interruptions will occur from
time to time and agrees to hold company harmless for all such interruptions.
11. NO WARRANTY (EQUIPMENT) — Company makes no warranties or
representations of any kind, statutory, expressed or implied, to customer or any other
purchaser of equipment activated on the service. Without limiting the foregoing, company
specifically makes no express or implied warranties of merchantability or fitness for a
particular purpose. Customer hereby waives all other warranties, guarantees, conditions or
liabilities, express or implied, arising by law or otherwise. In no event shall company be
liable for consequential, special or incidental damages, whether or not occasioned by