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Motorola I730 User Guide

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Nextel
®
Te r m s a n d
Conditions of Service
TERMS AND CONDITIONS OF SERVICE: This
Agreement starts when you open the inside
package of any phone or accessory equipment
(“Equipment”), you (“Customer”) received with this
Agreement, or when you call to activate Nextel
wireless communications services (“Service”), or
when you sign this Agreement, whichever applies.
By using the Equipment, Customer applies and
subscribes for Services provided by Nextel (the
“Company”) and confirms that Customer has...

Page 132

122Nextel
®Terms and Conditions of Service
Customer shall be made only in writing to Company
at the address shown on Customer’s bill. Company
reserves the right not to renew this Agreement at
any time prior to the conclusion of the Service Term
or any renewal term. Except for a Customer
termination in response to Company changes in
accordance with Section 1 above, a $200
cancellation fee per unit will be charged to Customer
for cancellation within the Service Term, if a one or
two year Service Term is...

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the cancellation of any orders of Equipment by the
manufacturer. Customer, at its option, may have the
Equipment installed by Company at the rate
specified on the front of this Agreement. If Customer
purchases the Equipment on credit or on an
installment basis, installations, repairs, and removal
of Equipment must be performed by a party
authorized by Company. Company shall not be
liable for any damage to Customer’s vehicle(s) or
Equipment that may result from installation of
Equipment by any person...

Page 134

124Nextel
®Terms and Conditions of Service
other Equipment limitation. Only certain internet
sites may be accessed, and certain Nextel Online
Services may not be available in all Company
Service areas.
7. APPLICATION CUSTOMER CARE AND
SUPPORT – Customer acknowledges and agrees
that in most cases, the developer of an Application
is responsible for providing customer care and
Application support to all customers using the
Application. In the event Customer contacts
Company Customer Care with a problem...

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outstanding Service charges of Customer or any
other amount owed to the Company. If Customer is
terminating the Agreement, any remaining balance
will be released to the Customer at the Customer’s
last known address within approximately 90 days. If
the Customer continues with the 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...

Page 136

126Nextel
®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...

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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...

Page 138

128Nextel
®Terms and Conditions of Service
upon the sale of telecommunications services, other
services, equipment, and/or other products; (b)
measured by gross receipts from sales made by
Company to Customer; (c) imposed upon the
Customer or upon the Company; (d) imposed as a
per-line or per-unit Charge. Such Charges include,
but are not limited to: excise taxes; sales and
transaction taxes; gross receipts taxes, utility taxes;
universal service assessments; telephone relay
service (TRS) assessments;...

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ALLOWANCE NOT EXCEEDING AN AMOUNT
EQUAL TO THE PROPORTIONATE CHARGE TO
THE CUSTOMER FOR THE PERIOD OF SERVICE
DISRUPTION. EXCEPT AS OTHERWISE SET
FORTH IN THE PRECEDING SENTENCE, IN NO
EVENT IS THE COMPANY LIABLE FOR ACTUAL,
CONSEQUENTIAL, INCIDENTAL, SPECIAL OR
OTHER INDIRECT DAMAGES CAUSED BY ITS
NEGLIGENCE OR OTHERWISE, NOR FOR
ECONOMIC LOSS, PERSONAL INJURIES OR
PROPERTY DAMAGES SUSTAINED BY THE
CUSTOMERORANYTHIRDPARTIES.Customer
agrees to indemnify, defend, and hold Company
harmless from any...

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130Nextel
®Terms and Conditions of Service
the parties hereto. This Agreement shall be
governed by the laws of the State or Commonwealth
in which this Agreement is executed by the
Company.
19. NOTICE REGARDING USE OF SERVICE FOR
911 OR OTHER EMERGENCY CALLS - (a) The
Service provided hereunder does not interact with
911 and other emergency services in the same
manner as landline telephone service. Depending
on Customer’s location and the circumstances and
conditions of a particular call, the Service...
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