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responsibility for Airtime charges from incoming telephone calls to its mobile unit
from the time that Customer responds to the call. If Customer disputes any Service
charges, Customer must pay the 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. Direct Connect, Group Connect, and Nationwide Direct Connect
charges are calculated by multiplying the minutes of use, number of participants,
and applicable rate, to be paid by the initiator. 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 under this Agreement for non-payment of
Service charges. Company reserves the right to modify any and all elements of the
Service charges at any time and each such modification shall be effective
immediately upon the Company's communication thereof to Customer, unless the
Company's communication indicates a later effective date with respect to such
modification. Payments which are not received within thirty (30) days from the date
of the invoice shall be subject to late payment charges as set forth in this
Agreement. If the parties have agreed that payments are to be made in installments,
or on credit, as indicated on the front of this Agreement, Customer shall be
responsible for paying amounts due as agreed to in this Agreement. If Customer
does not make all payments when they are due, such failure shall be a default under
this Agreement and Company shall be entitled to exercise any remedies it may have
under this Agreement or at law or in equity. If the sale of the Equipment is on a
credit or installment basis and the Customer accepts delivery of the Equipment, the
Customer may not return the Equipment or receive a refund of any amounts paid
and agrees to continue making payments as required under this agreement until the
Equipment sale price is paid in full.
11. 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 late 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 not 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 at any time or from time to time.
If Company obtains the services of a collection or repossession agency or an
attorney to assist Company in remedying Customer's breach of this Agreement,
including but not limited to the nonpayment for charges hereunder, Customer shall
be liable for this expense. Customer understands that in the event of nonpayment of
charges or any other breach of the terms and conditions of this Agreement, in
addition to any other remedies Company may have, Company may temporarily or
permanently terminate Service to Customer. If Service is terminated and not
reconnected within thirty (30) days, all outstanding payments to be made in
installments are accelerated and immediately due in full. If Company disconnects
the Service, Customer shall be liable to satisfy and discharge all outstanding
amounts due and pay a reconnect charge of $25.00 per unit, in addition to any
advance payment of Service charges that may be requested by the Company at its
discretion, before the Company will reactivate Service. Company reserves the right
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