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<br />.. <br />. <br />. 10 <br />. <br />. <br />. <br />. <br />. <br />. 11 <br />t <br />t <br />t 12 <br />~ <br />~ <br />~ <br />t <br />~ <br />~ <br />~ <br />. <br />. <br />~ <br />t <br />~ <br />I <br /> <br />CONTENT; INTELLECTUAL PROPERTY RIGHTS - Company is not a publisher of third party content that Customer may from <br />time to time access through Nextel Online Services; therefore Company is not responsible for the content provided by such third <br />parties, including but not limited to statements, opinions, graphics, photos, music, services and other information ("Content"), and <br />accessed by Customer through Nextel Online Services. Company gives no guarantee or assurance as to the currency, accuracy, <br />completeness or utility of Content obtained through Nextel Online Services. Company, Content providers and others have <br />proprietary interests in certain Content. Customer shall not, nor permit others to, reproduce, broadcast, distribute, sell, publish, <br />commercially exploit or otherwise disseminate such Content in any manner without the prior written consent of Company, <br />Content providers, or others with proprietary interests in such Content, as applicable. <br /> <br />SERVICE INTERRUPTION - Company reserves the right to interrupt Services if Customer's account (i) appears to hav~ <br />excessive charges; or (ii) shows any unusual calling patterns. Company will attempt to contact Customer before any sue <br />interruption. Such interruption may be done to protect Customer or Company as the Company determines il'l-~ul", ~n. '..L-, ...i.~ <br />\." ''}o "",.................. <br />(.,..1<::. ~~ <br /> <br />RATE PLANS; OTHER CHARGES; PAYMENT - For all new Service activations, the rate plans for Service(s) set forth in Exhibit <br />B and the discounts in Exhibit C will be effective as of the Effective Date of the Agreement. For all existing Active Units activated <br />under prior agreement(s) between Company and Customer, which this Agreement supersedes, the rate plans in Exhibit Band <br />the discounts in Exhibit C will be effective no later than sixty (60) days after the first day of Company's next full billing cycle. <br />Customer acknowledges and agrees that (i) chargeable time for telephone calls originated by a unit begins when a connection is <br />established with Company facilities; (ii) chargeable time for telephone calls to a Customer's phone begin when Customer <br />responds to the call; and (iii) a new Nextel Direct Connect call is initiated by a call partiCipant if that participant responds more <br />than six (6) seconds after the other party finishes its Nextel Direct Connect transmission, <br /> <br />Company shall issue invoices for Equipment purchased by and Service(s) provided to Customer, with monthly access charges <br />invoiced in advance, and airtime and long distance charges invoiced in arrears. Customer is responsible to pay Company, within <br />thirty (30) calendar days from the date of Customer's receipt of Company's invoice, for Equipment or Service(s) provided by <br />Company to Customer, including interconnect fees, recoveries and other similar charges imposed on telecommunications <br />services, other services and Equipment, in the amounts as set forth on the invoice, For Customers with multiple account <br />numbers, Customer will identify with its payment the specific amounts being paid for each account number. If Customer in good <br />faith disputes any charges, Customer must pay the entire undisputed amount set forth in the invoice by the due date, and submit <br />a written explanation regarding the disputed charges within forty five (45) days from the date of Customer's receipt of the invoice, <br />If Company determines that an error was made on Customer's invoice, Company shall adjust Customer's account in the amount <br />of the error, <br /> <br />If Company determines the disputed charge to be proper, and if Customer does not then pay the amount in dispute, Company <br />may exercise any remedies it may have under this Agreement for non-payment of charges. Company reserves the right to <br />modify any and all elements of the charges at any time, except those rates and charges specified in Exhibit B for the Initial Term <br />and any Renewal Term. If the Parties have agreed that payments are to be made on credit, Customer shall be responsible for <br />paying amounts due as agreed to in this Agreement. If Customer does not make any payments, such failure shall be a default <br />under this Agreement and Company shall be entitled to exercise any remedies it may have under this Agreement or at law or in <br />equity. <br /> <br />13 NONPAYMENT/BREACH - Charges or fees not paid within two (2) billing cycles of the date of Company's invoice will accrue <br />late payment charges until paid at the rate of 1.5% per month (or, if less, the maximum rate permitted by law). The late payment <br />charge is applied to the total unpaid balance due and outstanding. The late payment charge is for costs related to the non-timely <br />payment and shall not be deemed an interest payment A charge of $25,00 will be made by Company for any check or <br />negotiable instrument tendered by Customer and returned unpaid by a financial institution for any reason. Company may <br />demand payment by money order, cashier's check, or similarly secure form of payment, at Company's discretion. If Company <br />obtains the services of a collection or repossession agency or an attorney to assist Company in remedying Customer's breach of <br />this Agreement, including but not limited to the nonpayment for charges hereunder, Customer shall be liable for this expense. <br /> <br />Customer understands that in the event of nonpayment of charges or any other breach of the terms and conditions of this <br />Agreement, in addition to any other remedies Company may have, Company may temporarily or permanently terminate Service <br />to Customer. If Service is terminated and not reactivated within thirty (30) days, all outstanding payments are accelerated and <br />immediately due in full. If Company temporarily or pennanently terminates the Service, Customer shall be liable to pay a <br />reactivation charge of up to $20,00 per unit, in addition to the outstanding Service charges before the Company will reactivate <br />Service, Company reserves the right to modify the terms of Service as a precondition to reactivating Service. If the Equipment is <br />purchased on credit, the Company may take possession of the Equipment, at any time wherever the same may be without legal <br />process and without being responsible for loss and damage, <br />