Appendix
Residential Customer Agreement
H. Multi-Month Subscriptions. For multi-month subscriptions, you may downgrade your Services only at your time of renewal. You may not downgrade your Services during the term of a multi-month subscription.
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 in connection with any Services you receive from us. Unless you prepay for a multi-month subscription to Services, we will bill you each month, in advance, for most Services and in arrears for other Services such as pay-per-view ordered by you or anyone who uses your Equipment, whether with or without your permission, until you cancel your Services. Bills you receive will show the total amount due, the payment due date, payments, credits, purchases and certain other charges to your account.
B.You agree to pay us in full monthly by the payment due date indicated on your bill for your Services and for any other charges due and owing to us, including without limitation any fees named in this Section 2. If you do not pay your bill in full on or before its due date, you agree to pay an administrative fee for late payment ("Late Payment Fee") as described below. Other fees and charges may also be assessed, including without limitation a returned payment fee ("Returned Payment Fee") in the event such non-payment arises from non-sufficient funds. If you request a duplicate billing statement, you will be assessed an additional fee (also referred to as a "Transaction Fee"). You may submit your payment by mail, on our website, through our autopay program, by calling a DISH Network customer service representative or by any other means we may designate. If payment is made by calling a DISH Network customer service representative, a fee will be assessed ("Live Operator Payment Fee") as described below. If partial payments are made, they will be applied first to the oldest outstanding bill. We do not assume the risk of undelivered mail. If you send checks or money orders marked with a designation such as "payment in full," we can accept them without waiving any of our rights, including without limitation our rights to collect any other amounts owed by you, notwithstanding your characterization of such 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 in full by its due date, or if you at any time otherwise fail, neglect or refuse to make timely payment for your Services, we have the right to disconnect your Services at any time thereafter, in our sole discretion, and in such event we shall be wholly relieved from any and all of our duties and obligations under this Agreement. If your Services are disconnected for non-payment or for any other reason, DISH Network may require you to pay, and you agree to pay, all past due charges, a fee for reconnection ("Restart Fee"), a deposit equal to a minimum of two month's service charges and all outstanding balances accrued through the date of such disconnection, before we reconnect your Services. Unless required by applicable law, deposits will not be held segregated from other funds and shall not earn or accrue interest. Promotional pricing is valid only at time of installation. Additional charges may apply for you to upgrade your Services or Equipment after installation or for non-standard installations.
C.If you paid for an annual or other multi-month subscription to any Services and your account is past due for any amount owed to us, at our option we may suspend any or all Services until we receive payment in full of all past due amounts, 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 any obligations you incur in the future.
D.If we use a collection agency or attorney to collect any 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 may contact our Customer Service Center by telephone or in writing. You must contact us within twenty (20) days after the date you receive the billing statement for which you are seeking corrections. Failure to timely notify us of a dispute shall constitute your acceptance of the corresponding bill. Undisputed portions of a billing statement must be paid before the next billing statement is issued or you agree to pay an administrative fee for late payment. All payments for Services must be made directly by you to us. 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.
E.In addition to (and without limitation of) any amounts due for your Services and any other amounts due pursuant to any customer agreement(s) pursuant to which you are receiving Services and/or Equipment, you agree to pay the fees referenced below ("Fees") if and when applicable. DISH Network reserves the right to change these Fees, increase these Fees or add additional Fees at any time and from time to time, in our sole discretion upon notice to you.
Additional Outlet Programming Access Fee | $4.99 | Overnight Delivery Fee: | $18.00 |
(monthly, per each tuner after first): | Pay-Per-View Automated Fee: | $1.00 |
DISH Network DVR Service Fee (monthly, per | $4.98 | Pay-Per-View Live Operator Fee: | $5.00 |
Digital Video Recording receiver): | Restart Fee: | $25.00 |
Equipment Rental Fee (monthly, per leased receiver)$5.00 | Returned Payment Fee: | $10.00 |
Late Payment Fee: | $5.00 | Service Access Fee (monthly): | $5.00 |
Live Operator Payment Fee: | $5.00 | Smart Card Replacement Fee: | $50.00 |
Offset Fee: | $2.00 | Transaction Fee: | $5.00 |
In the event billing is provided through a third-party billing agent, the above fees may differ.
F. Different or other payment and billing terms and conditions may apply when billing is provided through a third-party billing agent, including without limitation, a local telephone company. See Section 9.F below.
