COMPANY is an Authorized Retailer for DISH Network/EchoStar Communications Corporation. By placing your order by phone or via the Internet with COMPANY (www.COMPANY..com), you are agreeing to the following terms and conditions governing your purchase of merchandise and/or services from COMPANY. You further acknowledge that you are a first-time DISH Network residential customer. By placing your order, you are creating a legally binding contract with COMPANY. If you do not agree to these terms, please do not order from COMPANY.
Definitions
As used
herein, the word "agreement" shall mean the Order Form you just
completed and these Terms and Conditions of Purchase (including any terms
incorporated by hyperlink). The words "you", "your", and
"customer" shall mean the person completing this transaction.
Payment
You
state that you are the authorized cardholder or that you have been authorized
by the cardholder to use the credit card for payment. If you purchase a
prepaid debit card and do not get DISH Network service for any reason, all
refunds for those orders will only be processed back to the debit card.
The
Order
Upon
acceptance of your order by COMPANY and receipt of your $49.99 set up/processing fee, COMPANY will process your order and provide you an installation date for free
standard professional installation to be performed through the DISH Network.
DISH
Network Subscription
You
understand that COMPANY is not DISH Network but is an authorized
DISH Network dealer/reseller. You agree to be bound by the terms of the DISH
Network Residential Agreement found here .
Warranty
COMPANY hereby disclaims all warranties, whether express or implied,
including the warranties of merchantability and the warranty of fitness for a
particular use. COMPANY does not warranty or guaranty any DISH
Network receivers or components and all warranty work must be done in
accordance with the manufacturer's warranty found here .
Limitation
of Liability
In no
event shall COMPANY be responsible for incidental or consequential
damages arising by reason of your purchase of merchandise or services from
COMPANY. COMPANY's maximum aggregate liability to you
arising by reason of this transaction shall be the amount paid by you to
COMPANY.
Indemnity
You
agree to indemnify and hold harmless COMPANY against any costs,
fines, claims, damages, charges, or fees (including reasonable attorney's fees)
arising by reason of your purchase, the installation or use of the satellite
equipment you are purchasing.
Notices
If
notice is required, you agree to notify COMPANY by e-mail at
sales@COMPANY.com or by writing to:
COMPANY, Inc.
P.O. Box 881213
San Diego, CA 92168
Notice will be deemed given when received by COMPANY. COMPANY will not be liable for problems caused by misdirected or undelivered
e-mail or postal mail. COMPANY will direct all correspondence to you
at the postal address or email address provided on the Order Form unless you
notify us of a change of address.
Enforcement
of This Agreement
This
agreement shall be governed by and interpreted in accordance with the laws of
the State of California, excluding its conflict of laws provisions. Any dispute
under or in connection with this Agreement or any of the transaction
contemplated herein shall be subject to the exclusive jurisdiction of and the
personal jurisdiction within the state and federal courts within San Diego
County, California. You hereby waive any objection you may have to personal
jurisdiction in such courts. In the event you default on the terms of this
agreement, you agree to pay to COMPANY all costs, fees and expenses
including reasonable attorney's fees.
Use of
Electronic Records
You agree to COMPANY's use of electronic records to evidence this
agreement. You understand that you have the right to not consent to the use of
electronic records by not transacting business with COMPANY. In such
event, this will be null and void. Your consent applies only to this
transaction. You hereby waive any objection you may have to COMPANY's use of electronic records in court should it be necessary for
COMPANY to enforce the terms of this agreement.
Miscellaneous
Matters
This
agreement constitutes the entire understanding of the parties with regard to
your purchase. All prior representations, oral or written, and all prior agreements,
oral or written, having been merged into this agreement. This agreement or any
portion hereof shall not be construed against the drafting party by reason of
that party having drafted the agreement or portion hereof. If any provision,
paragraph, or subparagraph of this agreement is adjudged by any court of law to
be void or unenforceable, in whole or in part, the rest of the agreement shall
remain in effect. The parties agree that in such event, the offending clause
will be replaced with a provision or provisions having the same economic
effect. This agreement shall be binding on, and shall inure to the benefit of,
the parties to it and their respective heirs, legal representatives, successors
and assigns. In all matters contained in this agreement, time is of the
essence.
BY ORDERING FROM COMPANY, YOU HEREBY ACKNOWLEDGE THAT YOU HAVE READ
THE ABOVE TERMS AND CONDITIONS, UNDERSTAND THEM, AND AGREE TO BE LEGALLY BOUND
BY THEM.
COMPANY's Terms & Conditions revised 2/01/2010. Copyright
© 2010 by COMPANY, Inc. All rights
reserved.
Digital Home Advantage
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. BY AGREEING TO THESE
TERMS AND CONDITIONS YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE RECEIVED, READ,
UNDERSTAND, AND AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS
AGREEMENT AND THE RESIDENTIAL CUSTOMER AGREEMENT, WHICH IS INCORPORATED HEREIN
BY REFERENCE, AND THAT THE FOLLOWING TERMS WERE DISCLOSED TO YOU PRIOR TO
LEASE:
&bull 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
&bull You must purchase minimum qualifying programming DishFAMILY (currently $19.99/mo. or $24.99/mo. with local network channels where available, in each case including rental of one receiver), TOP 120 (currently $34.99/mo. or $39.99/mo. with local network channels where available, in each case including rental of one receiver), DishMEXICO (currently $19.99/mo with local network channels), DishLATINO Clasico (currently $29.99/mo. or $34.99/mo. with local network channels where available, in each case including rental of one receiver), or Basic Qualified International Packages (IBQ) Customers must add $9.99 Locals Only Package to be considered IBQ. (currently $32.99/mo. or $37.99/mo. with local network channels where available, in each case including rental of one receiver) as your minimum subscription level at all times
&bull programming and other payments applicable to the purchase of pay-per-view or video-on-demand programming, the lease upgrade fee (if applicable) of up to $100.00 (if applicable) for the second model 722,equipment rental fees, DISH Network DVR service fees, additional receiver fees, HD enabling fees, and corresponding taxes and/or reimbursement charges are non-refundable
&bull 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
&bull That you are committing to an 24 month programming agreement as described below, and that a prorated cancellation fee of $420.00 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.
Equipment
and Installation
Standard Professional Installation includes typical installation of one
18" dish antenna, typical hook-up of up to 3 receivers to up to 6 TVs and
equipment testing. More complex installations may require additional
fees; other installation restrictions may apply.
Service
Plan
Service Plan is an optional service program that is currently priced at $6.00
per month. The Service Plan 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. The Service Plan
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 $15.00 (regularly $95.00); 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). Please see www.dishnetwork.com or call
1-800-333-DISH for complete details.
Term
Agreement and Cancellation Fee
You agree to a twenty-four (24) month contract term, which includes 6 months of
the Service Plan. By agreeing to this 24 month contract term, you agree to
purchase DishFAMILY,
DishMÉXICO, DISH America, or International Basic Qualifying TV Package as your
minimum subscription level for twenty-four (24) 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, DishMÉXICO,
DISH America, or International Basic Qualifying 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 $17.50
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. In the
event that at any time during the Initial Term you are eligible to participate
in DISH Pause or any other program pursuant to which your DISH Network service
may be temporarily suspended, you agree that the Initial Term shall automatically
resume immediately following such suspension and that the last day of such
Initial Term shall be extended for the number of days by which your DISH
Network service was suspended. DISH Network shall determine eligibility for any
such promotion in its sole discretion and reserves the right to deny
eligibility for any reason. In the event that at any time you otherwise owe
more than one (1) cancellation fee with respect to the same minimum programming
package pursuant to this Agreement and any other agreement(s) between you and
DISH Network, you agree that the terms and conditions applicable to the
cancellation fee with respect to such minimum programming for which the
greatest amount is then owing to DISH Network shall be controlling.
NEW
CUSTOMER TERMS AND CONDITIONS
• IF RECEIVING TOP 120 OR HIGHER, You have qualified for the 12
Month Offer. To receive 12 months of $15.00 credits towards your programming
package you agree to complete the Digital Home Advantage 24-month agreement
plan and maintain a minimum of TOP 120. After 12 months, your programming will
continue to be billed at the then-current pricing.
Requires 24-month commitment to Digital Home Advantage.
• IF RECEIVING DISH AMERICA OR HIGHER, You have qualified for the 12 Month Offer. To receive 12 months of $15.00 credits towards your programming package, you agree to complete the Digital Home Advantage 24-month agreement plan and maintain a minimum of TOP 120 OR DISH AMERICA. After 12 months, your programming will continue to be billed at the then-current pricing
• IF RECEIVING DISH LATINO CLASSICO OR HIGHER, You have qualified for the 12 Month Offer. To receive 12 months of $10.00 credits towards your programming package, you agree to complete the Digital Home Advantage 24-month agreement plan and maintain a minimum of DishLATINO Classico. After 12 months, your programming will continue to be billed at the then-current pricing
• IF RECEIVING HBO and SHOWTIME FREE FOR THREE MONTHS, To receive 3 months of credits towards your premium programming ($22 per month or $20 per month if receiving 4 or more premium packages), you agree to complete the Digital Home Advantage 24-month agreement plan and maintain a minimum of TOP 120 or higher, DishLATINO Clásico or higher, Dish America or higher, or a qualified International Programming package. After 3 months, premium channels will continue to be billed at then-current price until you elect to downgrade.
ADDITIONAL
TERMS AND CONDITIONS
General
This promotion offers eligible new, first-time 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 of this Agreement and the Residential Customer Agreement.
Eligibility
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 (6) 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) provides DISH Network with a valid major credit card number
issued to the customer who electronically accepts this Agreement; (3) provides
DISH Network with the Social Security number issued to the customer who
electronically accepts 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 (1) participant is allowed per household. This offer may not be
combined with any other offer. Standard professional installation of up to two
(2) receivers to up to four (4) televisions, a DISH 500 antenna (or other
applicable antenna as required for your location and/or programming you have
selected, in each case as determined by DISH Network in its sole discretion)
and mounting hardware is included. In certain installations and/or in the event
of certain programming purchases, additional equipment may be required and
additional fees may apply. A maximum Lease up to 3 Receivers (6 Tuners)
per account. Maximum of three (3) model ViP receivers per account. Maximum of
two (2) model 522 or 625 receivers per account. Maximum of one (1) model ViP722
DVR 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. A customer can purchase an additional 3 receivers, allowing a
customer to have up to 12 tuners.
Programming
A minimum programming package of DishFAMILY DishFAMILY, DishMÉXICO, DISH America, or
International Basic Qualifying 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: The first receiver activated is included in the promotional base programming package price. An additional equipment rental fee of $7.00 per month will be charged to your account for each HD Solo or Solo receiver activated beyond the first.
&bull Equipment Rental Fee: The first receiver activated is included in the promotional base programming package price. An additional equipment rental fee of $7.00 per month will be charged to your account for each HD Solo or Solo receiver activated beyond the first, $10.00 per month will be charged to your account for each HD Solo DVR or Solo DVR receiver activated beyond the first, $14.00 per month will be charged to your account for each HD Duo or Duo receiver activated beyond the first and $17.00 for each HD DUO DVR or DUO DVR receiver activated beyond the first.
&bull DISH Network DVR Service Fee: A $6.00 per month DISH Network DVR service fee will be charged to your account. (Charged once per account with a DVR)
&bull HD Enabling Fee: A $5.00 per month HD enabling fee will be charged to your account if any model 411, ViP211, ViP222, ViP612 or ViP722 DVR receiver is activated. This fee will be waived on a monthly basis if you subscribe to DishHD or HD Pak (only available to residents of Alaska and Hawaii).
The lease upgrade fee of up to $100.00
for the second model ViP® 612,ViP® 622, ViP® 722, ViP® 722k. $99.99 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 twenty-four (24) month agreement by Electronic Twenty-Four Month
Agreement Acceptance. 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. All receivers selected by you
within the first thirty (30) days of initial activation of your DISH Network
account shall be treated as selected by you under this Agreement for all
purposes, including, without limitation, with respect to ownership and
unreturned equipment fees.
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 DishFAMILY, DishMÉXICO, DISH America, or
International Basic Qualifying TV Package, or your service is otherwise disconnected for
any reason at any time. WITHIN FIFTEEN (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 ViP722 DVR receiver, $400.00; model ViP222, 625, 522 or
512 receiver, $300.00; model 322, 411 or ViP211 receiver, $200.00; model 301,
311 receiver, $100.00; outdoor LNBF and quad switch, $100.00.
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.
Billing
Agents
We may enter into relationships with third parties to provide billing and other
services on our behalf in which case the terms and conditions of this Agreement
shall apply to such third parties as applicable under the circumstances.
Contact
Information
You may reach DISH Network by e- mail at feedback@customermail.dishnetwork.com,
or write us at DISH Network, P.O. Box 9033, Littleton, CO 80160. Please do not
send payments to this address.
DISH Network Digital Home Advantage Terms & Conditions revised 02/01/2010. Copyright © 2010 by DISH Network,
all rights reserved. All service marks and trademarks belong to their
respective owners.
COMPANY (www.COMPANY.com) reservers the rights to sell, lease, trade, or exchange all lead generation information aquired via Internet, Telephone or Direct mail marketing