Motorola i390 - Manual (Page 20)

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Useful Information
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 MAYBE 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 MER-
CHANTABILITY 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 COMPA-
NY NEGLIGENCE AND INCLUDING, WITHOUT LIMITATION, LIABILITY FOR
ANY LOSS OR DAMAGE RESULTING FROM THE INTERRUPTION OR FAILURE
IN THE OPERATION OF ANY EQUIPMENT ACTIVATED ON THE SERVICE.
THERE ARE NO WARRANTIES WHICH EXTEND BEYOND THE DESCRIPTION
CONTAINED HEREIN. CUSTOMER ASSUMES THE ENTIRE RISK AS TO THE
QUALITY AND PERFORMANCE OF THE EQUIPMENT. IF THE EQUIPMENT
PROVES DEFECTIVE, THE COSTS OF ALL NECESSARY SERVICING AND
REPAIR WILL BE BORNE BY THE CUSTOMER.
©1998 Nextel Communications. All rights reserved.
Nextel, the Nextel logo, Nextel Direct Connect and YOU’VE NEVER USED A PHONE
LIKE THIS BEFORE. are trademarks and/or service marks of Nextel Communications, Inc.
www.nextel.com
and iDEN are registered trademarks of Motorola, Inc. ,
Useful Information
5. RATES, CHARGES AND PAYMENTS — Company shall issue invoices for Service
on a monthly basis which are due and payable upon receipt. 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 for Service payments as set forth on the Company’s then-current rate
plans, and any modifications thereto. Customer acknowledges that chargeable
time for telephone calls originated by a unit begins when a connection is established
with Company facilities. Customer accepts responsibility for Airtime charges from
invoicing telephone calls to its mobile unit from the time that Customer responds
to the call. If Customer disputes any Service charges, Customer must pay 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 for non-payment of Service
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.