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Nextel® Services Guide
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Agreement, any credit balance remaining after the deposit is applied will be applied to any amounts that may
become owing to the Company in the future except that, at Customer’s request, amounts of $50 or more will be
released to the Customer at the latest address known to Company within 30 days of the Customer request. In all
cases, Customer agrees that any remaining balance will be retained by Company in the event the postal service
is unable to deliver the funds to the Customer at the latest address known to Company. Company reserves the
right to interrupt Services if Service appears to have excessive charges, payments are delinquent, any unusual
calling patterns are observed on Customer’s account, or during public safety emergencies. Such interruption
may be done to protect Customer or Company as the Company determines in its sole discretion, but in no event
shall the Company be liable to the Customer or to any third party by reason of interrupting or failing to cause an
interruption of Service.
10. RATES, CHARGES, AND PAYMENT – The price established for Service is set forth in the current
Company rate plan(s) selected by Customer. Company shall issue invoices for Service. Monthly Access
charges shall be invoiced in advance. Airtime and long distance charges shall be invoiced in arrears. Customer
is responsible to pay Company, on a timely basis, for charges for Service as set forth on the front of this
Agreement, and any modifications thereto. If Customer elects to pay using a Company-approved credit or debit
card, Customer hereby authorizes Company to charge the credit or debit cards specified by Customer from time
to time on a recurring basis for all charges incurred on the Company Account Numbers set forth on Customer’s
invoice. Customer (i) expressly authorizes Company to charge Customer’s designated credit or debit card
account number(s)for all fees and charges incurred; and (ii) reauthorizes Company to charge such account
number each time services are used. Customer shall promptly notify Company of any changes to the credit or
debit card or bank account used for payment. Enrollment is for the duration of this Agreement unless cancelled
earlier by either party with thirty (30) days advance written notice to the other party. Customer acknowledges
that chargeable time for telephone calls and Nextel Direct Connect call transmissions originated by a unit begin
when a connection is established with 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
and each such modification shall be effective 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 or 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 discretion at any time or from time to time. If Company
obtains the services of a collection or repossession agency or an attorney to assist Company in remedying
Customer’s breach of this Agreement, including but not limited to the nonpayment for charges hereunder,
Customer shall be liable for this expense. Customer understands that in the event of nonpayment of charges or
any other breach of the terms and conditions of this Agreement, in addition to any other remedies Company
may have, Company may temporarily or permanently terminate Service to Customer. If Service is terminated
and not reconnected within thirty (30) days, all outstanding payments to be made in installments are accelerated
and immediately due in full. If Company disconnects the Service, Customer shall be liable to satisfy and
discharge all outstanding amounts due and pay a reconnect charge of $25.00 per unit, in addition to any
advance payment of Service charges that may be requested by the Company at its discretion, before the