Appendix
123
Residential Customer Agreement
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.
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.
3. CANCELLATION OF SERVICE
A. Your Services will continue until cancelled or disconnected as provided herein. Unless previously disconnected, your
subscription will be automatically renewed unless and until you contact us to cancel it as provided in the next paragraph.
B. You have the right to cancel your Services for any reason and at any time by notifying us via telephone, via e-mail or in
writing, at the phone number, e-mail address or mailing address set forth in the first paragraph of this Agreement. Please
be aware that certain promotions have an optional or mandatory term agreement period and if you cancel your Services
prior to the expiration of that optional or mandatory term agreement period, certain early termination or cancellation fees
may apply.
Additional Outlet Programming Access Fee
(monthly, per each tuner after first):....................$4.99
DISH Network DVR Service Fee (monthly, per
Digital Video Recording receiver):...................... $4.98
Equipment Rental Fee (monthly, per leased receiver)$5.00
Late Payment Fee:..................................................... $5.00
Live Operator Payment Fee:............................ ..........$5.00
Offset Fee:... .............................................................. $2.00
Overnight Delivery Fee:............................................ $18.00
Pay-Per-View Automated Fee:................................... $1.00
Pay-Per-View Live Operator Fee:...............................$5.00
Restart Fee:.............................................................. $25.00
Returned Payment Fee:...........................................$10.00
Service Access Fee (monthly):...................................$5.00
Smart Card Replacement Fee:................................. $50.00
Transaction Fee:......................................................... $5.00
Appendix Two Color.fm Page 123 Tuesday, July 25, 2006 3:06 PM