User Manual

Palm.Net™ Service Agreement and Other Product Information Page 279
4.2 Payment. To establish an individual, non-corporate accounts, payment must be
made by a major credit card accepted by Palm, Inc. (currently, VISA, MasterCard, and
American Express). For a corporate account, payment may be made by major credit
card or via an approved purchase order. Cash will not be accepted.
4.3 Activation and Changes
. Upon each activation of your account, you may be
charged an activation fee. If you request any change to your level of service, you agree
to pay any additional fees, if applicable, related thereto.
4.4 Billing Information
. The billing period ends each month on the monthly anni-
versary of your activation date. If, however, the billing period would end on the 29th,
30th or 31st day of a month, the Billing Date will be the first day of the following month.
You will be billed in advance for the next month’s service level charge, and in arrears
for any previously unbilled usage. It is possible that Palm, Inc. may (but you agree that
it is not obligated to) give you the option to obtain an estimate of the then-current charg-
es incurred by you since your last billing statement through the Palm.Net Site; however,
you acknowledge that the amount displayed therein at any given time is only a general
estimate of the total amount that will be billed to you in your next billing statement, and
agree that additional charges owed by you for your use of the Service (including with-
out limitation taxes, service level change fees, and other charges incurred but not yet
billed to your account) may be included in your next monthly bill. If you have elected
to pay for the Service by credit card and Palm, Inc. does not receive payment from the
card issuer or its agent, you agree to pay all amounts due upon demand by Palm, Inc.
Each time you use the Service you agree and reaffirm that Palm, Inc. is authorized to
charge your designated credit card. Your card issuer agreement governs your use of
your designated card in connection with the Service, and you must refer to that agree-
ment and not this Agreement to determine your rights and liabilities as a cardholder.
Further, you agree that Palm, Inc. may delay obtaining authorization from your card is-
suer until submission of the accumulated charges.
4.5 Late Payment; Discrepancies
. If Palm, Inc. does not receive the full amount of
your Service account balance within thirty (30) days of the Billing Date, a late payment
charge of one and one-half percent (1.5%) per month (or the highest amount allowed by
law, whichever is lower) may be added to your bill and immediately become due and
payable. Unless you notify Palm, Inc. of any discrepancies within sixty (60) days after
they first appear on your account statement, they will be deemed accepted by you for
all purposes, including resolution of inquiries made by your card issuer. You release
Palm, Inc. from all liabilities and claim of loss resulting from any error or discrepancy
that is not reported to Palm, Inc. within sixty (60) days of its first appearance on an in-
voice or credit card statement.
4.6 Deactivation for Non Payment
. You agree to pay Palm, Inc. all reasonable attor-
ney’s fees and costs incurred by Palm, Inc. to collect any past due amounts. Your account
may be deactivated without further notice if payment is thirty (30) days past due, re-
gardless of the dollar amount. You agree to pay any outstanding balance in full within
thirty (30) days of cancellation or termination of your Service account.
4.7 Reservation of Rights
. PALM, INC. RESERVES THE RIGHT, AT ANY TIME,
TO CHANGE ITS FEES AND BILLING METHODS, INCLUDING THE ADDITION OF
SUPPLEMENTAL FEES OR SEPARATE CHARGES FOR CONTENT, OR SERVICES
PROVIDED BY PALM, INC., EFFECTIVE THIRTY (30) DAYS AFTER AN ONLINE