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Nextel Terms and Conditions of Service
9. DEPOSITS - Customer shall provide Company with a deposit towards the
purchase of the Equipment in the amount set forth on the front of this agreement.
Company also has the right, exercisable in its sole discretion at any time or from
time to time, to require Customer to make a deposit to guarantee payment of sums
due hereunder, including Service charges. Unless otherwise required by law,
deposits may be mixed with other funds and will not earn interest. Customer hereby
grants Company, as applicable, a security interest in such deposits, to secure the
payment of all sums due hereunder as well as the performance of all other payment
obligations Customer may have to the Company whether now existing or hereafter
arising. Upon termination of Service, or upon the first billing cycle after the twelfth
month of service, whichever comes first, Company may apply the deposit against
any outstanding Service charges of Customer or any other amount owed to the
Company. If Customer is terminating the Agreement, any remaining balance will be
released to the Customer at the Customer's last known address within
approximately 90 days. If the Customer continues with the Agreement, any credit
balance remaining after the deposit is applied will be applied to any amounts that
may become owing to the Company in the future except that, at Customer's request,
amounts of $50 or more will be released to the Customer at the latest address known
to Company within 30 days of the Customer request. In all cases, Customer agrees
that any remaining balance will be retained by Company in the event the postal
service is unable to deliver the funds to the Customer at the latest address known to
Company. Company reserves the right to interrupt Services if Service appears to
have excessive charges, payments are delinquent, any unusual calling patterns are
observed on Customer's account, or during public safety emergencies. Such
interruption may be done to protect Customer or Company as the Company
determines in its sole discretion, but in no event shall the Company be liable to the
Customer or to any third party by reason of interrupting or failing to cause an
interruption of Service.
10. RATES, CHARGES, AND PAYMENT - The price established for Service is
set forth in the current Company rate plan(s) selected by Customer. Company shall
issue invoices for Service. 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 as set forth
on the front of this Agreement, and any modifications thereto. If Customer elects to
pay using a Company-approved credit or debit card, Customer hereby authorizes
Company to charge the credit or debit cards specified by Customer from time to
time on a recurring basis for all charges incurred on the Company Account
Numbers set forth on Customer's invoice. Customer (i) expressly authorizes
Company to charge Customer's designated credit or debit card account number(s)
for all fees and charges incurred; and (ii) reauthorizes Company to charge such
account number each time services are used. Customer shall promptly notify
Company of any changes to the credit or debit card or bank account used for
payment. Enrollment is for the duration of this Agreement unless cancelled earlier
by either party with thirty (30) days advance written notice to the other party.
Customer acknowledges that chargeable time for telephone calls and Nextel Direct
Connect call transmissions originated by a unit begin when a connection is
established with Company facilities. A new Nextel Direct Connect call is initiated
by a call participant if that participant responds more than six (6) seconds after the
other party finishes its Nextel Direct Connect transmission. Customer accepts
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