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Nextel® Welcome Guide
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Customer, in part, because Sprint will not continue to receive monthly
service charges from Customer. As a result, Sprint shall incur damages
that are difficult, if not impossible, to determine. THEREFORE, IN THE
CASE OF BREACH OR EARLY TERMINATION OF THE AGREEMENT
BY CUSTOMER, CUSTOMER SHALL PAY TO SPRINT, AS
LIQUIDATED DAMAGES AND NOT AS A PENALTY (IN ADDITION TO
ALL AMOUNTS THEN OWED TO SPRINT), $200 FOR EACH NUMBER
ASSIGNED TO CUSTOMER’S ACCOUNT AS A REASONABLE
ESTIMATE OF THE DAMAGES INCURRED BY SPRINT. This is
intended to maintain Sprint’s overall rate at an acceptable level despite
Customer’s early termination and will be assessed without exception
unless otherwise provided in this Agreement or by applicable law.
Failure to Pay - Customer acknowledges that time is of the essence with
respect to all amounts owed to Sprint. IF CUSTOMER HAS NOT PAID
ITS MONTHLY INVOICE IN FULL BY THE DUE DATE, A LATE
PAYMENT CHARGE OF UP TO 1.5% PER MONTH (18% ANNUALLY),
OR SUCH LESSER AMOUNT PERMITTED BY LAW, MAY BE
APPLIED TO THE TOTAL UNPAID BALANCE DUE AND
OUTSTANDING. THIS LATE PAYMENT CHARGE IS ASSESSED TO
RECOVER COSTS FOR CUSTOMER’S FAILURE TO PAY AND SHALL
NOT CONSTITUTE INTEREST. Sprint’s acceptance of late or partial
payments (even if marked “paid in full” or similar notations) shall not
waive Sprint’s right to collect the full amount due under this Agreement,
plus any additional amounts charged under this paragraph. If Sprint
obtains the services of a collection or repossession agency or an
attorney to assist in remedying any breach of this Agreement by
Customer, including but not limited to, Customer’s nonpayment of
charges, Customer shall be liable for this expense.
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 Sprint within ninety (90) days of the date of the
invoice. CUSTOMER WAIVES THE RIGHT TO DISPUTE ANY
CHARGES FOR WHICH TIMELY NOTICE IS NOT PROVIDED TO
SPRINT. Sprint shall resolve all disputed charges in its sole discretion.
If Sprint determines that an error was made on Customer’s invoice,
Sprint will credit Customer’s account in the amount of the error. If Sprint
determines that a disputed charge was validly assessed upon Customer,
Sprint will notify Customer and Customer must furnish the amount to
Sprint within a reasonable period of time; or, if authorized by Customer,
Sprint 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 Sprint to have been validly assessed upon