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Appendix
135
Residential Customer Agreement
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.
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 to avoid an administrative fee for late payment. All payments for Services must be made directly by you to us. DISH
Network shall have no obligation to provide Services for which payment is made by you or on your behalf to a third party.
E. In addition to (and without limitation of) any amounts due for your Services, you agree to pay the fees referenced below (“Fees”)
if a
nd when applicable and as such fees may be changed at any time and from time to time. DISH Network reserves the right to
increase these Fees or add additional Fees at any time and from time to time, in our sole discretion upon notice to you. Such
notice may be provided by mail, on your bill, by telephone or by any other reasonable means.
Additional Outlet Programming Access Fee
(monthly, per additional tuner or receiver): $4.99
Change of Programming Service Fee: $5.00
Duplicate Billing Statement Fee: $2.00
DISH Network DVR Service Fee
(monthly per Digital Video Recording receiver): $4.98
Late Payment Fee: $5.00
Ledger Request 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
Reconnect Fee: $25.00
Returned Payment Fee: $10.00
Service Access Fee (monthly): $5.00
Smart Card Replacement Fee: $50.00
3. CANCELLATION OF SERVICE
A. Your Services will continue until cancelled as provided for herein. Your subscription will be automatically renewed unless and
until you contact us to cancel it as provided for 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 on the first page of this Agreement. Please be aware that certain
promotions have a minimum term agreement and if you cancel your service prior to the expiration of that term agreement, certain
early termination or cancellation fees may apply.
C. 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
when it is due; (ii) we receive confirmation that you have received Services, or any part of Services without paying for them; (iii)
you otherwise violate the terms and conditions of this Agreement or any promotion agreement; (iv) you transfer, encumber or
relocate your Equipment (unless you relocate such equipment as part of a residential move into an area that can receive
Programming); (v) you assign or attempt to assign any of your rights, duties or obligations under the terms and conditions of this
Agreement or any promotion agreement; (vi) you are receiving applicable services from a third party billing agent and become
ineligible for such services; or (vii) any act of bankruptcy on your part or the commencement of bankruptcy proceedings against
you.
Appendix Two Color.fm Page 135 Friday, December 16, 2005 2:42 PM