United Cable Direct - New Subscriber Terms and Conditions
Digital Home Advantage | Free For All Promotion
PLEASE READ
DIGITAL HOME ADVANTAGE - 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. BY CLICKING ON THE “ACCEPT TERMS” BUTTON BELOW, 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 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: 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 America’s Top 60 (currently $31.99/mo. including rental of one
receiver), DISH Latino (currently $29.99/mo. including rental of one
receiver), or Great Wall TV Package (currently $34.99/mo. including
rental of one receiver) as your minimum subscription level at all
times; 3) the $250 lease upgrade fee (if applicable) for the model 942
receiver, the $19.99 lease upgrade fee (if applicable) for the model
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 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 either the one or two-year agreement option, 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 available for
$5.99 per month. 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 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 Options and Cancellation Fee.
If during the dishnetwork.com online ordering process for this
promotion you completed the 12-Month Commitment option selection field
or the 24-Month Commitment option selection field and then clicked on
the corresponding “Continue” button, DHPP will be provided to you at no
additional cost for the duration of the term you selected. By
completing the 12-Month Commitment option selection field or the
24-Month Commitment option selection field and then clicking on the
corresponding “Continue” button during the dishnetwork.com online
ordering process for this promotion, you agree to purchase America’s
Top 60, DISH Latino, or Great Wall TV Package as your minimum
subscription level for twelve (12) or twenty-four (24) months,
depending on the option you selected, 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
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 one-year Initial Term or two-year Initial
Term, as applicable, 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 $20
multiplied by the number of months remaining in the one-year Initial
Term, or $10 multiplied by the number of months remaining in the
two-year Initial Term, as applicable, to your DISH Network account or
your Credit Card as defined below, at our option.
General.
This promotion offers eligible new residential 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 April 14, 2005 and August 15, 2005. This offer is
limited to new, first-time residential DISH Network subscribers who:
(1) reside in the continental United States, Hawaii, or certain
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 signs this
Agreement; (3) provide DISH Network with the Social Security number
issued to the customer who signs this Agreement; and (4) receive 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 DISH Latino and 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, 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, 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, an additional purchase of a second antenna will be required
and additional fees may apply. 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 one model 522 receiver per
account. Maximum of one model 625 receiver per account. Maximum of one
model 942 receiver per account. Maximum of two model 811 receivers per
account. DISH Network shall determine eligibility for participation,
including without limitation the number 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 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 channels are included where available.
Monthly Fees and Payments.
You agree to make a monthly payment to DISH Network 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:
A $5.00 equipment rental fee for the first receiver activated is
included in the promotional base programming package price. An
additional equipment rental fee of $5.00 per month will be charged to
your account for each receiver activated beyond the first; DISH Network DVR Service Fee:
A $4.98 per month DISH Network DVR service fee will be charged to your
account for each model 510, 522, 625, or 942 receiver activated. This
fee will be waived if you subscribe to America ’s “Everything” Pak or
the Latino “Everything” Pak; Additional Outlet Programming Access Fee:
A $4.99 per month additional outlet programming access fee will be
charged to your account for each dual tuner receiver (models 322, 522,
and 942) 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. The
$250 lease upgrade fee for the model 942 receiver and the $19.99 lease
upgrade fee for the model 625 receiver are not deposits and are
non-refundable. The $49.99 activation fee (if applicable) is
non-refundable but will be credited on your first account billing
statement. Other fees may apply as set forth in the Residential
Customer Agreement.
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 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 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 942 receiver, $450; model 625 and 522 receivers, $300;
model 322, 510, and 811 receivers, $200; model 111, 301, and 311
receivers, $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 card that you initially
provided to DISH Network and/or to any other credit card or debit 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 Credit Card
AutoPay (“CCA”) 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 or account provided by you
to DISH Network pursuant to such CCA or EFT program.
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