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Section 4B: Terms & Conditions / Warranty 215
internet address (or “IP address”) assigned to your device, regardless of who
initiates the activity or whether your device actually receives the data. This
includes, but is not limited to, the amount of data associated with the particular
information/item (e.g. game, ringer, email, etc.), additional data used in accessing,
transporting and routing this information/item on our network, data from partial
or interrupted downloads, re-sent data, and data associated with unsuccessful
attempts to reach websites or use applications. Based on these and a number of
other factors (e.g., the specific application, network performance, etc.) data used
and charged to you will vary widely, even for the same activity. Estimates of data
usage – for example, the size of downloadable files – will not be accurate or a
reliable predictor of actual usage. Your invoice will not separately identify the
number of kilobytes attributable to your use of specific sites, sessions or services.
Taxes and Surcharges. We invoice you for taxes, fees and other charges levied by
or remitted directly to federal, state, local or foreign governments including,
without limitation, sales, gross receipts, Universal Service, use, and excise taxes. If
you claim any tax exemption, you must provide us with a valid tax-exempt
document. Tax exemptions are not applied retroactively. We also invoice you for
surcharges that we collect and keep to pay for the costs of complying with
government programs such as number pooling and portability, and Enhanced 911
service; these charges are not the taxes nor government imposed assessments.
Invoicing & Payment. Invoicing cycles and dates may change from time to time.
Monthly recurring and related charges for Services are generally invoiced one
invoicing cycle in advance. Other charges are invoiced soon after they are
incurred. Most usage is generally applied to the invoicing cycle in which they are
incurred, but in some instances may be applied to subsequent invoicing cycles.
You are responsible for all charges associated with any device activated on your
account, regardless of who used the device. You must pay all charges by the due
date on the invoice. Past due amounts accrue late charges until paid at the rate of 5%
per month or at the highest rate allowed by law and may result in immediate suspension
of your account.
If you agree to any auto-payment option through banking or credit
account, we may initiate payment from the account for all amounts we invoice
you without additional authorization or notice. Based on your credit or payment
history, we may require certain forms of guaranteed payment as a condition of
maintaining Services. If we invoice you for amounts on behalf of a third-party,
payments received are first applied to amounts due to us. You may be charged
additional fees for certain methods of payment and for payments denied by a
financial institution. Acceptance of payments (even if marked “paid in full”) does
not waive our right to collect all amounts that you owe us.
Disputed Charges. Disputes concerning any charges invoiced must be raised
within 60 days of the date of the invoice. You accept all charges not disputed in
this time period. Disputes can only be made by calling or writing us as directed on
your invoice.
Account Spending Limit & Deposits. We may impose an account spending limit
(“ASL”) on any account without notice. We will notify you of an ASL based on your
credit or payment history and may reduce the ASL at any time with prior notice.