Appendix
Residential Customer Agreement
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.
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.
C. In addition to all other rights that DISH Network may have to disconnect your Services, DISH Network has the right to disconnect your Services at any time without providing notice to 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 customer agreement(s) applicable to the promotion(s) pursuant to which you are receiving Services and/or Equipment; (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 the terms and conditions of this Agreement or any customer agreement(s) applicable to the promotion(s) pursuant to which you are receiving Services and/or Equipment; (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) any act of bankruptcy on your part or the commencement of bankruptcy proceedings against you.
D. If your Services are canceled or disconnected for any reason, you are still responsible for the payment of all outstanding balances accrued, including without limitation any applicable Fees.
E. You understand that, except in certain limited circumstances, charges for Services, once charged to your account, are nonrefundable and no refunds or credits will be provided in connection with the cancellation of subscriptions to Services. 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 understand and agree that you are not entitled to any refund or credit for the unused portions of your multi-month subscription.
4.EQUIPMENT
A. In order to receive Services it will be necessary for you to purchase or lease certain reception equipment consisting primarily of a DISH Network compatible satellite receiver(s), satellite antenna(s), low noise block converter(s) with integrated feed(s) and remote control(s) (collectively, "Equipment"). Receiver(s) provided to you may also be equipped with a conditional access card ("Smart Card") inserted into a slot in such receiver. Not all receivers with a Smart Card slot require Smart Cards for proper authorization. Smart Cards remain the property of DISH Network at all times and any tampering or other unauthorized modification to any Smart Card is strictly prohibited and may result in, and subject you to, legal action. You agree to return Smart Cards to us upon our request.
B. Smart Cards are non-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 was lost, damaged, defective or stolen, then we will replace it, as long as there is no evidence of unauthorized tampering or modification. A replacement fee will apply ("Smart Card Replacement Fee"). In addition, in order to minimize downtime for your Equipment, DISH Network will, upon your request, deliver a replacement Smart Card to you via overnight delivery in which event our overnight delivery fee ("Overnight Delivery Fee") will apply.
