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Nextel
®
Terms and Conditions of Service
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 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
andeachsuchmodificationshallbeeffective
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