Appendix
Residential Customer Agreement
fee ("Additional Outlet Programming Access Fee") for each additional receiver or tuner added to your account, including without limitation those model receivers which support independent viewing of programming on multiple televisions. If you desire to receive Services at two different locations, you must open a separate account for each location. You agree that you will 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 your same land- based telephone line. 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, whether owned by you or not. The payment of that amount and/or the disconnection of Services shall be in addition to any other rights or remedies we may have under contract (including without limitation this Agreement), at law, in equity, or otherwise.
G. Changes in Services Offered. We reserve the right to add to, delete from, rearrange or change any programming, programming packages or other Services that we offer, and our prices or fees related to such programming, programming packages or Services at any time. If a change affects you, we will provide you notice of such change and its effective date. The notice may be provided on your billing statement, as a bill insert, broadcast on a television channel, or by any other means. In the event that we delete or change any programming, programming packages or other Services, you understand and agree that we have no obligation to replace or supplement any programming, programming packages or other Services previously offered that have been deleted, rearranged or otherwise changed. You further understand and agree that 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 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 DISH Network 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 fail to pay your bill 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. You may submit your payment by mail, on our website, through our credit card autopay program, by calling a DISH Network customer service representative or by any other means we may designate. Different or other payment options may be applicable where billing is provided through a billing agent. If payment is made using 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, we have the right to disconnect your Services at any time thereafter, in our sole discretion. 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 ("Reconnect Fee"), a deposit equal to a minimum of one 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. If you at any time fail, neglect, or refuse to make timely payments for your Services, we may disconnect your Services and in such event shall be wholly relieved from any of our obligations under the terms and conditions of this Agreement. 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 your payment, 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. 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, an offset fee ("Offset Fee") for each month and partial month that your multi-month subscription was previously received.
