Nextel i200plus User Manual page 167

Nextel Terms and Conditions of Service
11. PROPERTY DAMAGE INSURANCE—If Customer selects Direct Protect insurance
protection, Company will remit the monthly charge for the insurance which appears on
Customer's bill to The Signal Telecommunications Insurance Services ("Signal") on
Customer's behalf. Customer acknowledges that insurance protection is offered by the
Signal, not Company, and that any requests for information or claims regarding the
insurance shall be directed to Signal. Customer acknowledges having received a summary
of coverage, including deductible information, which is also available by calling Signal at
1-888-352-9182.
12. TAXES, FEES, SURCHARGES & ASSESSMENTS—Customer is responsible for all
federal, state, and local taxes, fees, surcharges, and other assessments (collectively,
"charges") that are imposed on telecommunications services, other services, and
equipment or that are measured by gross receipts from the sale of telecommunication
services and/or equipment. Such charges shall include, but are not limited to: excise
taxes; sales and transaction taxes; utility taxes; regulatory fees and assessments; universal
service assessments, telephone relay service (TRS) assessments; etc. Customer shall be
responsible for such charges regardless of whether the charge is imposed upon the sale of
equipment or services, upon Customer, or upon Company. If any such charge is
determined to be applicable and has not been paid by Customer before Customer accepts
delivery of equipment, Customer shall pay Company the full amount of any such charge
no later than ten (10) days after receipt of the invoice therefor.
13. COVERAGE AREA—Local Dispatch (Direct Connect), cellular calling, Nextel
Online Wireless Internet Services, and respective coverage areas for these Services are
subject to change at any time at the sole discretion of Company.
14. LIMITATION AND CONDITION OF LIABILITY; INDEMNITY—Company does
not assume and shall have no liability under the Agreement for (i) failure to deliver the
Equipment within a specified time period; (ii) availability and delays in delivery of the
Equipment; (iii) damage caused to the Equipment due directly or indirectly to causes
beyond the control of Company, including, but not limited to acts of God, acts of the
public enemy, acts of the government, acts or failure to act of the Customer, its agents,
employees or subcontractors, fires, floods, epidemics, quarantine restrictions, corrosive
substances in the air or other hazardous environmental conditions, strikes, freight
embargoes, inability to obtain materials or services, commotion, war, unusually severe
weather conditions or default of Company's subcontractors whether or not due to any such
causes; or (iv) the use of Nextel Online Wireless Internet Services, including but not
limited to the accuracy or utility of any information acquired from the Internet through
Nextel Online Wireless Internet Services; or Internet Services, Content or Applications
whether or not supported by Company. Without limiting the foregoing, 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. EXCEPT AS
OTHERWISE SET FORTH IN THE PRECEDING SENTENCE, IN NO EVENT IS THE
COMPANY LIABLE FOR ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL
OR OTHER INDIRECT DAMAGES CAUSED BY ITS NEGLIGENCE OR
OTHERWISE, NOR FOR ECONOMIC LOSS, PERSONAL INJURIES OR PROPERTY
DAMAGES SUSTAINED BY THE 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.
15. COMPLETE AGREEMENT/SEVERABILITY/WAIVER—This Agreement sets
forth all of the agreements between the parties concerning the Service and purchase of the
Equipment, and there are no oral or written agreements between them other than as set
forth in this Agreement. No amendment or addition to this Agreement shall be binding
upon this Company unless it is in writing and signed by both parties (and, in the case of
the Company, by an officer of the Company). Company shall not be bound by the terms
and conditions in Customer's purchase order or elsewhere, unless expressly agreed to in
writing by an officer of the Company. This Agreement becomes effective when accepted
by the Company. Should any provision of this Agreement be illegal or in contravention of
the law, such provision shall be considered null and void but the remainder of this
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