Motorola Nextel iDEN i1000 User Manual page 90

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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-Þve (45) days from the date on the
invoice. If Company determines that an error was made on CustomerÕs invoice,
Company shall credit CustomerÕs 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 Ñ a late payment charge of 1.5% (or the maximum
interest rate permitted by law) per month, may be applied to CustomerÕs account if
monthly invoices are not paid by the due date. The later payment charge i 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 Þnancial
institution for any reason. Company may demand payment by money order,
cashierÕs check or similarly secure form of payment, at CompanyÕs discretion. If
Company obtains the service of a collection or repossession agency or an
attorney to assist the Company in remedying CustomerÕs 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 Ñ 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 Ñ the CompanyÕs
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 Ñ 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.
i1000
USER GUIDE
85

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