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Samsung SPH-A700BSSXAR User Manual

Page 205

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Section 4B: Terms & Conditions / Warranty

197

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.

An ASL should not be relied on to manage usage on your account. We may

suspend an account without prior notice when the account balance reaches the

ASL, even if the account is not past due. Services can be restored upon payment of