Appendix – Dish Network Duo ViP 222 User Manual

Page 142

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Appendix

134

Residential Customer Agreement

E. Restarting your Services. If you do not pay your bill in full by its due date, or you at any time otherwise fail, neglect or

refuse to make timely payment for your Services, we may disconnect your Services, and in such event we will be wholly

relieved from any and all of our duties and obligations under this Agreement. If your Services are disconnected for non-

payment or any other reason, DISH Network may require that you pay, and you agree to pay, before we reconnect your

Services, all past due charges, a Restart Fee, a deposit equal to a minimum of two months’ service charges (or in the case of

a restart under a Pre-Pay Promotion, one month’s service charges), and all outstanding balances accrued through the date of

such disconnection. If your Services are disconnected for non-payment or any other reason, you will no longer be eligible,

even if you pay to restart your Service, to receive any remaining credits or promotional pricing that you would have been

eligible to receive had your Services not been disconnected. Unless required by applicable law, deposits will not be held

segregated from other funds and will not earn or accrue interest. Promotional pricing is valid only at the time of installation.
F. Attorneys’ Fees/Collections. If we use an attorney or a collection agency to collect any money you owe us or to assert any

other right that we may have against you, including without limitation, any breach of any agreement you may have with DISH

Network or one of our affiliates, you agree to pay the reasonable costs of such collection or other action. These costs may

include, without limitation, the costs of a collection agency, reasonable attorneys’ fees and court costs. If you believe you

have been billed in error or you would like to make any other requests for a billing statement credit, you must contact our

customer service center by telephone or in writing within twenty (20) days after the date you receive the bill for which you are

seeking correction. Failure to timely notify us of a dispute will constitute your acceptance of the corresponding bill. You must

pay undisputed portions of any billing statement before the next billing statement is issued or you must pay a Late Payment

Fee. All payments for Services must be made directly by you to us, unless we authorize otherwise; for example, DISH

Network shall have no obligation to provide Services for which payment is made by you to a third party or payment is made by

a third party on your behalf.
G. Billing Agent Payments. Different or other payment and billing terms, conditions, options and fees may apply when billing

is provided through a third-party billing agent, including without limitation, a local telephone company.

3. CANCELLATION OF SERVICE
A. Continuation of Services. Your subscription to Services will automatically renew until you cancel your Services or we

otherwise disconnect your Services, in each case as provided herein or in any applicable Promotion Agreement.
B. Cancellation Policies. You may cancel your Services for any reason at any time by notifying us at the phone number, e-

mail address or mailing address set forth at the top of the Agreement. Please be aware that certain promotions have an

optional or mandatory term commitment period and if you cancel your Services prior to the expiration of an applicable

optional or mandatory term commitment period, certain early termination or cancellation fees may apply.
C. Disconnection of Services. In addition to all other rights that DISH Network may have to disconnect your Services, DISH

Network may disconnect your Services at any time without notifying you if: (i) you fail to pay any bill in full when it is due; (ii)

we receive confirmation that you have received Services, or any part of the Services, without paying for them; (iii) you

otherwise violate the terms and conditions of this Agreement or any applicable Promotion Agreement; (iv) you transfer,

encumber or relocate any leased Equipment (unless you relocate such Equipment as part of a residential move into an area

within which you can permissibly continue to receive such Services); (v) you assign or attempt to assign any of your rights,

duties or obligations under this Agreement or any applicable Promotion Agreement; (vi) you are receiving Services through a

third-party billing agent and become ineligible to receive applicable services provided by such third-party billing agent; or (vii)

you commence any act or filing of bankruptcy or bankruptcy proceedings are commenced against you.
D. No Credits. If your Services are cancelled or disconnected for any reason, you still must pay all outstanding balances

accrued, including without limitation, any applicable fees. Except in certain limited circumstances, charges for Services, once

charged to your account, are non-refundable, and no refunds or credits will be provided in connection with the cancellation of

Services. If you received a discounted price due to a promotion, and you cancel prior to any applicable expiration of that

promotion, you are not entitled to any refund or credit for the unused portions of such discounted price. If you received a

discounted price in exchange for your agreement to pay for your Services on a multi-month basis, and you cancel your

Services prior to the expiration of your multi-month subscription, you are not entitled to any refund or credit for the unused

portions of your multi-month subscription.

4. EQUIPMENT
A. Equipment. In order to receive Services you must purchase or lease certain reception equipment consisting primarily of a

DISH Network compatible satellite receiver(s) and applicable Smart Card(s), remote control(s), satellite antenna(s), and low

noise block converter(s) with integrated feed(s) (collectively, “Equipment”).
B. Additional Tuners and Receivers. We may choose to allow you to place additional receivers on your account. If we allow

you to do so, each additional receiver will be authorized to receive the same Services as your initial receiver, subject to the

limitations of your television equipment. All of your receivers must be located at the same residence and continuously

connected to the same land-based telephone line and/or broadband home network. If you wish to receive Services at two

different residential locations, you must open a separate account for each location, unless otherwise specifically authorized

by DISH Network. You may not directly or indirectly use a single account for the purpose of authorizing Services for multiple

DISH Network receivers that are not all located in the same residence and connected to the same land-based telephone line

and/or broadband home network. If we later determine that you did, we may disconnect your Services and, in addition to all

other applicable fees, you agree to pay us the difference between the amounts actually received by us and the full retail price

for the Services authorized for each DISH Network receiver on your account.
C. Smart Cards. Receiver(s) are equipped with a conditional access card (“Smart Card”) inserted into a slot or otherwise

installed in such receiver. Not all receivers with a Smart Card slot require a Smart Card for proper authorization. Smart Cards

remain the property of DISH Network at all times and must be returned to us upon our request. Smart Cards are not

transferable. Your Smart Card will only work in the DISH Network receiver to which it was assigned by DISH Network. If you

report to our customer service center that your Smart Card has been lost, damaged, defective or stolen, we will replace it,

unless there is evidence of unauthorized tampering or modification, and a Smart Card Replacement Fee will apply. In

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