Nextel terms and conditions of service – NCT Group i30sx User Manual

Page 153

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Nextel Terms and Conditions of Service

Nextel Terms and Conditions of Service

TERMS AND CONDITIONS OF SERVICE: Before calling the Nextel Customer Care
Service Activation number contained in these materials, you (“Customer”) must read and
agree to the following terms and conditions of Nextel wireless communications services
(“Service”). By using the Service, Customer applies and subscribes for Services provided
by Nextel (the “Company”) and confirms that Customer has read, understands, agrees to
and accepts the terms and conditions stated herein (the “Agreement”). Should there be any
conflict between the terms and conditions below, and the terms and conditions of any
current Service/Subscriber Agreement between Customer and Company covering the
phone and accessory equipment (the “Equipment”) accompanying this User’s Guide, the
terms and conditions of the current Service/Subscriber Agreement will control.

1. USE OF SERVICE—By executing this Agreement, Customer acknowledges that it
complies with all FCC rules and regulations. Customer will not use the Service for any
unlawful purpose. Customer will not use the Service in aircraft in violation of FAA rules
or regulations. Customer acknowledges and agrees that all future purchases of Company
Services and Equipment by customer shall be governed by the terms and conditions
contained herein unless Customer and Company enter into a subsequent Service/
Subscriber Agreement. Company may change this Agreement at any time. Any changes
are effective when Company provides Customer with written notice stating the effective
date of the change(s). If Customer elects to use the Services or make any payment to
Company on or after the effective date of the changes, Customer is deemed to have
accepted the change(s). If Customer does not accept the changes, Customer may terminate
Services as of the effective date at the address shown on Customer’s bill. If Services are
terminated before the end of the current billing cycle, (i) no credit or refund will be
provided for unused airtime; and (ii) any monthly recurring charge will not be prorated to
the date of termination.

2. 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 and 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 understands that Company may request and verify
Customer’s bank references and perform a credit history check utilizing standard
commercial credit reference services in connection with Company’s review of the
Customer’s credit worthiness. 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.

3. CUSTOMER RADIO EQUIPMENT—Company is not responsible for the installation,
operation, quality of transmission, or 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

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