Nextel iM240 User Manual page 78

Nextel Connection Manager User Guide
Disputed Charges - Customer may dispute only those charges that Customer believes are the result of (1) a billing error; (2) a problem
related to Customer's Service; or (3) dropped calls. To dispute any charge, Customer must pay all undisputed amounts when due and
submit a written notice to Nextel within ninety (90) days of the problem or before the end of the third billing cycle after the date upon which
the problem occurred, whichever occurs later. CUSTOMER WAIVES THE RIGHT TO DISPUTE ANY CHARGES FOR WHICH TIMELY
NOTICE IS NOT PROVIDED TO NEXTEL. Nextel shall resolve all disputed charges in its sole discretion. If Nextel determines that an
error was made on Customer's invoice, Nextel will credit Customer's account in the amount of the error. If Nextel determines that a
disputed charge was validly assessed upon Customer, Nextel will notify Customer and Customer must furnish the amount to Nextel within
a reasonable period of time; or, if authorized by Customer, Nextel may instead charge Customer's credit card or debit card by any amount
that was validly assessed. If Customer fails to pay any undisputed amount or, after a reasonable period of time, fails to pay any amount
determined by Nextel to have been validly assessed upon Customer, Nextel may exercise any remedies available to Nextel under this
Agreement for non-payment, including termination of the Agreement. Customer hereby acknowledges that he or she has read the
explanation of rates and charges set forth in this Section 7 and understands that these rates and charges may be assessed upon
Customer, to the extent applicable.
8. BILLING - Nextel shall issue invoices for Service and for purchases of Equipment. Nextel's invoicing cycle is approximately thirty
(30) days, but may change from time to time. The day of the month on which Customer receives an invoice may vary and is subject to
change. Some billing details may be provided at http://www.Nextel.com and will not appear on invoices (except for a fee). Service
charges will be invoiced to Customer in advance or in arrears, depending on the Service Plan, and usage charges will be invoiced in
arrears. Customer may be assessed a shipping charge for Equipment delivered to Customer. Unless otherwise specified in Customer's
Service Plan, any unused minutes or other allotted Services under Customer's Service Plan will not be carried over to any other billing
cycle. If Customer's Service is terminated for any reason (including if Customer's Number is ported) before the end of any billing cycle, no
credit or refund will be provided for unused minutes or other allotted Services and any monthly service charge will not be prorated to the
date of termination. On occasion, Customer may be billed for Services in a month other than the month in which Customer used the
Services, which may result in higher-than-expected Services charges for the month in which such Services are billed. The creation of new
cell sites, Nextel's implementation of new billing technology, delays in the reporting of international or other roaming charges between
carriers, and other similar events may result in such delayed billing. Nextel may bill Customer on behalf of third party providers of Online
Applications that are accessed by Customer through the Equipment. Nextel may retain a percentage of these charges before providing the
balance to the third party provider of such Online Application.
9. PAYMENTS - Recurring Credit/Debit Card Payments
Customer may pay any amount owed to Nextel by using a credit or debit card acceptable to Nextel. If Customer wishes to pay all amounts
in this manner on a recurring basis, Customer must complete a separate payment enrollment form ("Payment Form"). Customer
acknowledges that upon signing the appropriate Payment Form, the Payment Form, including its applicable terms and conditions, will
become a part of this Agreement. Customer shall promptly notify Nextel of any changes to the credit or debit card (e.g., if the card is
terminated, lost, stolen or the expiration date changes) or bank account used for payment. Enrollment is for the duration of this Agreement
unless cancelled earlier by either Customer or Nextel upon thirty (30) days advance written notice to the other party.
Specific Form of Payment - Nextel may, at any time and from time to time, as it deems appropriate (e.g., following receipt of a dishonored
check or other instrument), demand that Customer make payment by money order, cashier's check, or a similarly secure form of payment.
Nextel also may require at any time in its sole discretion that the Equipment be purchased for cash only. In this case, title to the
Equipment shall be transferred to Customer only after receipt by Nextel of a cashier's or certified check or other equally secure form of
payment in the amount required by Nextel.
Dishonored Checks - Nextel may charge Customer up to the highest amount permitted by law for any check or other instrument tendered
by Customer and returned unpaid by a financial institution for any reason.
10. SUSPENSION, LIMITATION OR TERMINATION OF SERVICE OR THIS AGREEMENT - General - Nextel may limit, suspend or
terminate Customer's Service or this Agreement at any time and without providing notice to Customer if: (1) Customer fails to pay any
charges (including, without limitation, any charges assessed on behalf of third parties) when due under this Agreement; (2) Customer
behaves in an abusive, derogatory, or otherwise unreasonable manner to any Nextel employee, representative or agent; (3) Nextel has
reason to believe that Customer's Service is being used in a fraudulent manner or for an illegal purpose (such as unusual activity levels or
calling patterns); (4) Customer's Service is being used in a way that adversely affects other Customers' Service or Nextel's business
operations; (5) Customer provides Credit Information that is false, inaccurate, dated or cannot be verified or Customer becomes insolvent
or subject to any proceeding under the Bankruptcy Code or similar laws; (6) Nextel discovers that Customer is underage or does not
otherwise possess the capacity or the authorization to enter into this Agreement; (7) Customer's use of the Service or Equipment exceeds
limitations or violates any restrictions placed on Customer's account or otherwise breaches this Agreement; or (8) Nextel, in its sole
discretion, believes action is required to protect its interests or the interests of Customer or its other customers. NEXTEL SHALL NOT BE
LIABLE TO CUSTOMER OR TO ANY OTHER PARTY FOR EXERCISING OR FAILING TO EXERCISE ITS RIGHTS UNDER THIS
SECTION TO LIMIT, SUSPEND OR TERMINATE SERVICE OR THE AGREEMENT. If Customer's Service is subject to fraudulent use,
Customer shall immediately notify Nextel's Customer Care department, provide Nextel with any documentation and information that it
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Last updated: 5/26/05