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Section 4B: Terms & Conditions / Warranty 150
Sprint PCS Vision Charges. Vision usage is measured in bytes, not in minutes.
Bytes are rounded up to kilobytes. Usage rounding occurs at the top of each clock
hour while in a session and at the end of each session and is then charged to you
based on the terms of your Services. Depending on your Services, usage may be
charged against an allowance or on a fixed price per kilobyte. Usage charges may
be rounded up to the next cent at monthly or other intervals. In certain instances,
you may not know that your session has not ended. As long as your device is
connected to our network, you will incur data usage charges. You will be charged
for all data directed to the 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