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Appendix
139
Residential Customer Agreement
as pay-per-view ordered by you or anyone who uses your 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 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
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