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CUSTOMER: Thank you for choosing DISH Network.
This agreement (the “Agreement”) sets forth the terms and
conditions of the Digital Home Advantage promotion. Additional
terms and conditions of service are contained in the Residential
Customer Agreement provided to you in your receiver User’s Guide
and made available at www.dishnetwork.com. 1) all
equipment provided to you under this Agreement remains the
property of DISH Network at all times and you agree that within
15 days of termination, downgrade, or disconnection of service
as described below, you will return all such equipment to your
original retailer or DISH Network or pay the applicable
unreturned equipment charges set forth below; 2) you must
purchase DishFAMILY (currently $19.99/mo. or $24.99/mo. with
local network channels where available, in each case including
rental of one receiver), America’s Top 60 (currently $29.99/mo.
or $34.99/mo. with local network channels where available, in
each case including rental of one receiver), DISH Latino
(currently $24.99/mo. or $29.99/mo. with local network channels
where available, in each case including rental of one receiver),
or Great Wall TV Package (currently $29.99/mo. or $34.99/mo.
with local network channels where available, in each case
including rental of one receiver) as your minimum subscription
level at all times; 3) the $299.99 lease upgrade fee (if
applicable) for the model ViP622 receiver, the $49.99 lease
upgrade fee (if applicable) for the model ViP211 or 411
receiver, the $99.00 lease upgrade fee (if applicable) for the
second model 522 or 625 receiver, and programming payments, are
non-refundable; 4) whether a non-refundable activation fee of
$49.99 plus applicable sales tax must be paid prior to
installation and whether a $49.99 credit will be applied to your
first bill; 5) whether you are eligible for local network
channels by satellite, or a website or phone number to contact
to determine if you are eligible for local network channels by
satellite; and 6) if you elected the eighteen month agreement
option below, a prorated cancellation fee of $240 will apply for
early downgrade, termination, or disconnection of service as
described below. IF YOU CHANGE YOUR RESIDENCE, YOU ARE
STILL BOUND TO THE TERMS AND CONDITIONS OF THIS AGREEMENT. WE
RESERVE THE RIGHT TO CHANGE PRICES, PACKAGES, AND PROGRAMMING AT
ANY TIME, INCLUDING WITHOUT LIMITATION, DURING ANY TERM
AGREEMENT PERIOD TO WHICH YOU HAVE AGREED.
DISH Home Protection Plan (“DHPP”). DHPP is an
optional service program that is currently priced at $5.99 per
month. DHPP is not currently available to subscribers who are
billed by Southwestern Bell Video Service, Inc. (dba AT&T Home
Entertainment) for the DISH Network services provided under this
Agreement and may not be available to such subscribers in the
future. DHPP includes: a) a priority technical service support
telephone number available 24 hours per day/7 days per week; b)
free shipping for repair or replacement of defective receiver
equipment (including DVR and HD receivers); c) video cabling and
power surge repairs to DISH Network equipment; d) discounted in
home service calls currently priced at $29 (regularly $99); and
e) one free DISH Mover (if you relocate to an area where DISH
Network programming is available, we will provide free standard
professional installation of a new DISH 500 antenna (or a
SuperDISH or DISH 1000 antenna where required for local channel
packages or a 24-inch or larger DISH 300 antenna for residents
of Hawaii and eligible locations within the Anchorage, Alaska
metropolitan area) and your existing receivers).
Term Agreement Option and Cancellation Fee. If
you are a new, first-time DISH Network subscriber who would like
to receive a $49.99 credit applied to your first bill and DHPP
(if available to you at the time you complete this Agreement) at
no additional cost or if you are only eligible for this
promotion as a Former DISH Network Subscriber (as defined
below), you must complete the eighteen month agreement option
selection field and click on the corresponding “Continue” button
during the dishnetwork.com online ordering process for this
promotion. If you elect this option, DHPP (if available to you
at the time you complete this Agreement) will be provided to you
at no additional cost for the duration of the eighteen month
term. By completing the eighteen month agreement selection field
and then clicking on the corresponding “Continue” button during
the dishnetwork.com online ordering process for this promotion,
you agree to purchase DishFAMILY, America’s Top 60, DISH Latino,
or Great Wall TV Package as your minimum subscription level for
eighteen (18) months from the date of initial activation
(“Initial Term”). If after activation, but before the end of the
Initial Term, you elect to terminate this Agreement or downgrade
your programming below the required minimum programming package
of DishFAMILY, America’s Top 60, DISH Latino, or Great Wall TV
Package, or your service is disconnected for any reason, and all
programming and other fees and charges for the Initial Term have
not been paid in full as of such termination, downgrade, or
disconnection, you agree to pay, and we will automatically
charge, a cancellation fee equal to $13.33 multiplied by the
number of months remaining in the Initial Term to your DISH
Network account or your Credit Card as defined below, at our
option. (If the eighteen month agreement option is not selected,
you will be deemed to have declined a term agreement.)
TERMS AND CONDITIONS
General. This promotion offers
eligible new residential DISH Network subscribers and eligible
Former DISH Network Subscribers the opportunity to lease certain
equipment and purchase certain services, subject to the terms
and conditions set forth in this Agreement.
Eligibility. Services and equipment must be
ordered, installed, and activated between and including February
1, 2006 and April 30, 2006. This offer is limited to: (i) new,
first-time residential DISH Network subscribers and (ii) former
residential DISH Network subscribers who: (a) previously
maintained for no less than six consecutive months an active
DISH Network account in good standing status as determined in
DISH Network’s sole discretion; (b) voluntarily disconnected any
and all prior DISH Network accounts; (c) timely paid any and all
balances owing under their prior DISH Network account(s) in
full; and (d) have not received DISH Network programming or
other services during the six-month period prior to activation
under this promotion (“Former DISH Network Subscribers”). In
addition to (and without limitation of) the foregoing, no new,
first-time DISH Network subscriber or Former DISH Network
Subscriber shall be eligible for this offer unless such
subscriber: (1) resides in the continental United States,
Hawaii, or one of the sections of the Anchorage, Alaska
metropolitan area that have been determined by DISH Network in
its sole discretion to be eligible locations under this
promotion; (2) provide DISH Network with a valid major credit
card number issued to the customer who completes this Agreement;
(3) provides DISH Network with the Social Security number issued
to the customer who completes this Agreement; and (4) receives
credit approval. If you reside in Alaska, you represent and
warrant that you have confirmed with your participating retailer
that your residence is within an area that has been determined
by DISH Network to be an eligible location under this promotion.
Only one participant is allowed per household. This offer may
not be combined with any other offer. Standard professional
installation of up to four receivers (or only up to two
receivers for subscribers who purchase International programming
other than Great Wall TV Package) to up to four televisions, a
DISH 500 antenna (or a SuperDISH antenna where required for
local channel packages or International programming, a DISH 1000
antenna where required for local channel packages, or a 24-inch
or larger DISH 300 antenna for residents of Hawaii and eligible
locations within the Anchorage, Alaska metropolitan area) and
mounting hardware is included. In certain installations,
additional equipment may be required and additional fees may
apply. For installations performed for residents of Hawaii who
purchase America’s Top 180, DISH Latino, DISH Latino Dos, DISH
Latino Max, or any programming package which includes high
definition programming, including without limitation DishHD
Bronze, DishHD Silver, DishHD Gold, DishHD Platinum, DishLATINO
HD Bronze, DishLATINO HD Silver, DishLATINO HD Gold, or
DishLATINO HD Platinum , additional equipment will be required
and additional fees may apply. For installations performed for
residents in the continental United States who purchase
International programming broadcast from a wing satellite (61.5
or 148) location, additional fees may apply for a second antenna
or otherwise. For installations performed for residents of
eligible locations within the Anchorage, Alaska metropolitan
area, an additional purchase of a 24-inch or larger DISH 300
antenna will be required and additional fees may apply. Maximum
of four total tuners per account. Maximum of two model 522 or
625 receivers per account. Maximum of one model ViP622 receiver
per account. DISH Network shall determine eligibility for
participation, including without limitation the number and type
of receivers to be provided, in its sole discretion and reserves
the right to deny eligibility for any reason.
Programming. A minimum programming package of
DishFAMILY, America’s Top 60, DISH Latino, or Great Wall TV
Package is required at all times. In the event you do not
purchase the required minimum programming package, your service
will be deactivated. Local network channels may be purchased if
and where available for an additional $5.00/mo.
Monthly Fees and Payments. You agree to make a
monthly payment by the payment due date for the programming you
select and for the following fees as applicable depending on the
equipment you select: Equipment Rental Fee: An
equipment rental fee of $6.00 per month (in the case of a model
411, ViP211 or ViP622 DVR receiver) or $5.00 per month (in all
other cases) for the first receiver activated is included in the
promotional base programming package price. An additional
equipment rental fee of $6.00 per month (in the case of a model
411, ViP211 or ViP622 DVR receiver) or $5.00 per month (in all
other cases) will be charged to your account for each receiver
activated beyond the first (for the purpose of determining the
amount of this fee, model 411, ViP211, and ViP622 DVR receivers
shall be deemed to be activated prior to all other receivers);
DISH Network DVR Service Fee: A $5.98 per month
DISH Network DVR service fee will be charged to your account for
each model 510, 522, 625, or ViP622 DVR receiver activated. This
fee will be waived if you subscribe to America’s “Everything”
Pak, Latino “Everything” Pak, DishHD Platinum, or DishLATINO HD
Platinum; Additional Outlet Programming Access Fee:
A $5.00 per month additional outlet programming access fee will
be charged to your account for each dual tuner receiver (models
322, 522, 625, and ViP622 DVR) activated. This fee will be
waived on a monthly basis for each such receiver that DISH
Network confirms has been continuously connected to your same
land-based phone line. DISH Network’s confirmation process shall
be the sole method utilized to determine if your additional
outlet programming access fee(s) will be waived; HD
Enabling Fee: A $6.00 per month HD enabling fee will
charged to your account if any model 411, ViP211 or ViP622 DVR
receiver is activated and enabled with the capacity to receive
high definition programming (including without limitation via an
off-air antenna). This fee will be waived on a monthly basis if
you subscribe to DishHD Bronze, DishHD Silver, DishHD Gold,
DishHD Platinum, DishLATINO HD Bronze, DishLATINO HD Silver,
DishLATINO HD Gold, or DishLATINO HD Platinum, or if the
capacity of all such receivers to receive high definition
programming has been disabled by DISH Network at your request.
You may call us at 800-333-DISH to request that we disable the
high definition functionality on your receiver(s). The $299.99
lease upgrade fee for the model ViP622 DVR receiver is not a
deposit and is non-refundable. The $49.99 lease upgrade fee for
the model 411 or ViP211 receiver is not a deposit and is
non-refundable. The $99.00 lease upgrade fee for the second
model 522 or 625 receiver is not a deposit and is
non-refundable. The $49.99 activation fee (if applicable) is
non-refundable but will be credited on your first account
billing statement solely in the event that you are a new,
first-time DISH Network subscriber who agrees to the eighteen
month agreement option by completing the eighteen month
agreement selection field and then clicking on the corresponding
“Continue” button during the dishnetwork.com online ordering
process for this promotion. State and local taxes, or
reimbursement charges for gross earnings taxes imposed on
satellite providers for transmission of programming in some
states, may apply. Other fees may apply as set forth in the
Residential Customer Agreement. Different or other payment
options may be applicable where billing is provided through a
billing agent.
Unreturned Equipment Charges. This promotion
allows you to use the satellite receiver(s), smart card(s) and
remote control(s), low noise block converters with integrated
feeds (“LNBFs”), and switches (if any) you select under this
promotion while you remain an active customer in good standing
and in compliance with this Agreement and the Residential
Customer Agreement. All such equipment is owned by DISH Network
at all times and must be returned if you elect to terminate this
Agreement or downgrade your programming below required minimum
programming package of DishFAMILY, America’s Top 60, DISH
Latino, or Great Wall TV Package, or your service is otherwise
disconnected for any reason at any time. WITHIN 15 DAYS OF SUCH
TERMINATION, DOWNGRADE, OR DISCONNECTION, YOU AGREE TO RETURN
ALL SUCH EQUIPMENT IN GOOD OPERATING CONDITION, NORMAL WEAR AND
TEAR EXCEPTED, TO: (1) your original retailer (or DISH Network
if no retailer was used) if such termination, downgrade, or
disconnection occurs during the first 180 days after activation
of programming, or (2) DISH Network if such termination,
downgrade, or disconnection occurs after the first 180 days from
the date of activation of programming. If such termination,
downgrade, or disconnection occurs after the first 180 days, you
agree to immediately call DISH Network at 1-888-220-3474 to
receive a return authorization number and delivery instructions
for the return of such equipment to DISH Network. You are
responsible for and shall bear all costs and expenses to return
such equipment. IF YOU FAIL TO RETURN SUCH EQUIPMENT AS SET
FORTH HEREIN, YOU AGREE TO PAY, AND WE WILL AUTOMATICALLY CHARGE
TO YOUR DISH NETWORK ACCOUNT OR YOUR CREDIT CARD (AS DEFINED
BELOW), AT OUR OPTION, AN UNRETURNED EQUIPMENT CHARGE FOR EACH
ITEM NOT RETURNED AS FOLLOWS (in each case and collectively, the
"Unreturned Equipment Charge"): model ViP622 DVR receiver, $400;
model 625 or 522 receiver, $300; model 322, 411 or ViP211
receiver, $200; model 111, 301 or 311 receiver, $100; outdoor
LNBF and quad switch, $100.
Collection of Fees/Credit Card Authorization.
You hereby authorize DISH Network to charge, and/or place a hold
with respect to, any and all cancellation fee(s) and unreturned
equipment fee(s) owing under this Agreement (collectively, the
“Authorized Amounts”), to your credit card or debit/check card
that you initially provided to DISH Network and/or to any other
credit card or debit/check card of yours that you provide to
make payments to DISH Network (the “Credit Card”), authorize the
issuer of the Credit Card to pay the Authorized Amounts without
DISH Network submitting a signed receipt, and agree that this
Agreement is to be accepted as such authorization. You authorize
DISH Network to continue to attempt to charge, and/or place
holds with respect to, the Authorized Amounts, or any portion
thereof, to the Credit Card until such amounts are paid in full.
You acknowledge and agree that DISH Network shall have no
liability whatsoever for any non-sufficient funds, rejected
debit, or other charges incurred by you as a result of such
attempts to charge, and/or place holds on, the Credit Card.
Payment of a cancellation fee shall not relieve you of your
obligation to pay all unpaid charges on your account. In the
event that you are enrolled or later enroll in DISH Network’s
AutoPay (“AutoPay”) or Electronic Funds Transfer (“EFT”) payment
programs, you agree that the Authorized Amounts and any and all
monthly programming, pay-per-view, and other similar and related
charges and other amounts owing under this Agreement or the
Residential Customer Agreement may be charged to the credit
card, debit/check card or account provided by you to DISH
Network pursuant to such AutoPay or EFT program.
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