Dish Network 942 - Manual (Page 151)

Appendix
144
Residential Customer Agreement
G. Changes in Services offered. DISH Network reserves the right to change the Services that we offer, and our prices or fees related to such
Services at any time. If the change affects you, we will provide you notice of the change and its effective date. The notice may be provided on
your billing statement or by other communication permitted under Section 9B. In the event of a change in the contents of any programming,
programming packages or other Services, you understand and agree that we have no obligation to replace or supplement the programming,
programming packages or other Services previously offered that have been deleted, rearranged or otherwise changed. You further
understand and agree you will not be entitled to any refund because of a change in the contents of any programming, programming
packages, or other Services previously offered.
H. Multi-Month Subscriptions. For multi-month subscriptions, you may downgrade the Services only at the time of renewal. You may not
downgrade the Services during the term of the multi-month subscription.
I. Fees for Receivers that Independently Support Multiple Televisions. Additional fees may apply for a receiver which supports independent
viewing of programming on multiple televisions.
2
BILLING POLICIES AND PAYMENTS FOR SERVICES
A. You agree to pay all amounts billed for Services and to pay all taxes, fees and other charges, if any, which are now or may in the future be
assessed on the Services you receive from us. Unless you prepay for a multi-month subscription to Services, we will bill you each month, in
advance, for Services ordered by you or anyone who uses your DISH Network Equipment, whether with or without your permission, until you
cancel the Services. The bills you receive will show the total amount due, the payment due date, payments, credits, purchases and other
charges to your account.
B. You agree to pay us in full monthly by the payment due date for the Services and for any other charges due us, including any fees set forth
in this Section 2. Payment of your bill after the due date will result in you paying us a Late Payment Fee. Other fees and charges may also be
assessed. If partial payments are made, they will be applied first to the oldest outstanding bill. If you send checks or money orders marked
“payment in full,” we can accept them without losing any of our rights to collect any other amounts owed by you, notwithstanding your
characterization of the payment. DISH Network does not extend credit to our customers, and the Late Payment Fee is not interest, a credit
service charge or a finance charge. You understand and agree that in the case of late payment or nonpayment for any Services ordered by
you or for any of the charges stated below, we may report such late payment or nonpayment to credit reporting agencies. If you do not pay
your bill by the due date, we have the right to disconnect your Services at any time thereafter, in our sole discretion. DISH Network may
require you to pay all past due charges, a Reconnect Fee, a deposit equal to a minimum of one month's advance charges and all outstanding
balances accrued through the date of deactivation, before we reconnect your Services. Deposits will not be held segregated from other funds
and shall not earn or accrue interest.
C. If you at any time fail, neglect, or refuse to make timely payments hereunder, or if a petition in bankruptcy shall be filed on your behalf or
against you, or if you take advantage of any insolvency law or become insolvent or make an assignment for the benefit of creditors, or if a
receiver, liquidator, or trustee is appointed for your property or affairs, we shall be wholly relieved from our obligations hereunder.
D. If you paid for an annual or other multi-month subscription to any Services and your account is past due for any amounts owed to us, at
our option we may suspend any or all Service until payment is received, and/or convert your annual or other multi-month subscription to a
monthly subscription. If we convert your multi-month subscription to a monthly subscription, we will first apply the amount you paid for your
multi-month subscription to any past due amounts and then any remaining amounts to future obligations. If we elect to offset the amount paid
for the remaining portion of a multi-month subscription against amounts past due, you agree to pay, in addition to all other applicable fees,
the Offset Fee set forth below for each month and partial month that the multi-month subscription was previously received.
E. If we use a collection agency or attorney to collect money you owe us or to assert any other right which we may have against you, you
agree to pay the reasonable costs of collection or other action. These costs might include, but are not limited to, the costs of a collection
agency, reasonable attorney's fees and court costs. If there are billing errors or other requests for credit, you can contact our Customer
Service Center by telephone or in writing. You must contact us within sixty (60) days of the time you receive the billing statement for which
you are seeking corrections. Failure to timely notify us of a dispute shall constitute acceptance of the bill. Undisputed portions of the billing
statement must be paid before the next billing statement is issued to avoid an administrative fee for late payment. All payments for Services
must be made directly by you to us. DISH Network shall have no obligation to provide Services for which payment is made by you to a third
party.
F. In addition to the amounts due for Services, you agree to pay the fees referenced below (“Fees”) when applicable. DISH Network reserves
the right to increase these Fees or add additional Fees in the future, in our sole discretion:
Smart Card Replacement Fee $50.00
Additional Outlet Programming Access Fee
(monthly, per receiver) $4.99
Late Payment Fee $5.00
Change of Service Fee $5.00
Duplicate Billing Statement Fee $2.00
Overnight Delivery Fee $18.00
Restart Fee $25.00
Returned Payment Fee $25.00
Service Access Fee (monthly) $5.00
Offset Fee $2.00
Ledger Request Fee $5.00
Pay-Per-View Automated Fee $1.00
Pay-Per-View Fee $5.00
3
CANCELLATION OF SERVICE
A. Your Service will continue until cancelled as provided for herein. Your subscription will be automatically renewed unless you contact us to
cancel as provided for in the next paragraph.
B. You have the right to cancel your Service for any reason at any time by notifying us via telephone or in writing at the phone number or
address set forth on page 1, above. Please be aware that certain promotional offers have a minimum subscription commitment (usually 12
months) and if you cancel your service prior to the expiration of that commitment, certain early termination fees may apply.
C. DISH Network has the right to terminate your Services at any time without providing notice to you if: (i) you fail to pay your bill when it is
due; (ii) we receive confirmation that you have received the Services, or any part of the Services without paying for them; or (iii) you
otherwise violate the terms of this Agreement.
D. If your Service is cancelled for any reason, you are still responsible for payment of all outstanding balances accrued, including any
applicable Fees.
E. You understand that charges for Services, once charged to your account, are nonrefundable. For monthly subscriptions, the cancellation
will be effective at the end of the period covered by the last monthly bill. No refunds or credits will be provided in connection with the
cancellation of monthly subscriptions. For annual or other multi-month subscriptions, the cancellation will be effective as of the date the multi-
month subscription expires. Because you are receiving a discounted price in exchange for your agreement to pay for your services on an
annual or other multi-month basis, in the event you cancel the Services prior to expiration of your multi-month subscription, you understand
and agree that you are not entitled to any refund or credit for the unused portions of the multi-month subscription and that we have the right
to retain any prepaid monies as liquidated damages.
4
EQUIPMENT
A. To receive the Services, you must purchase/lease certain reception equipment consisting primarily of a DISH Network compatible satellite
receiver, and remote control (“Equipment”). You may also be provided with a conditional access card (“Smart Card”) that is inserted into your
satellite receiver. The Smart Card remains the property of EchoStar Satellite L.L.C. Tampering or other unauthorized modification to the
Smart Card is strictly prohibited and may result in, and subject you to, legal action. You agree to return the Smart Card to us upon request.
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