Dish Network 311 User Manual page 82

Appendix
difference between the price actually paid for Services and the full applicable rate for such Services, regardless of whether we
have the right to distribute such Services in such other location.
I. Changes in Services Offered. We may add, delete, rearrange and/or change any and all programming, programming
packages and other Services that we offer, as well as the prices and fees related to such programming, programming
packages and Services, at any time, including without limitation, during any term commitment period to which you have
agreed. If a change affects you, we will notify you of such change and its effective date. In the event that we delete, rearrange
or change any programming, programming packages or other Services, we have no obligation to replace or supplement such
programming, programming packages or other Services. You are not entitled to any refund because of a deletion,
rearrangement or change of any programming, programming packages or other Services.
J. Promotional Offers and Items. If a third party, such as an independent DISH Network retailer, integrator or private cable
operator, offered you a promotional offer or item in connection with your subscription to the Services, such third party is wholly
responsible for fulfilling such promotional offer or providing such promotional item, and DISH Network is not in any way
responsible for such fulfillment unless the promotional offer or item was offered with DISH Network's prior authorization,
approval, permission or knowledge.
2. BILLING POLICIES; PAYMENTS FOR SERVICES; FEES
A. Payments. You agree to pay all amounts billed for Services, as well as all taxes, fees and other charges, if any, that are now
or may in the future be assessed in connection with any Services you receive from us, and any other charges due and owing
to us. State and local taxes or reimbursement charges for gross earnings taxes imposed on satellite providers for transmission
of programming in some states may apply. Unless you prepay for a multi-month subscription to Services or prepay for all
Services as required by your participation in a Pre-Pay Promotion, we will bill you monthly in advance for most Services and in
arrears for other Services such as pay-per-view ordered by you or anyone who uses your Equipment, whether with or without
your permission, until you cancel your Services. Multi-month subscription customers and Pre-Pay Promotion customers will
be billed based on your pre-pay period (multi-month subscriptions) or monthly (Pre-Pay Promotion customers), and must
make all payments in advance of the due date on your bill in order to continue receiving your Services; you must also pre-pay
for all other Services, such as pay-per-view, ordered by you or anyone who uses your Equipment, whether with or without
your permission.
B. Billing Policies. Your bills will show the total amount due, the payment due date, payments, credits, purchases and other
charges to your account. 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 that we designate. Partial payments will be applied
first to the oldest outstanding bill. You must make your payment regardless of whether you receive a 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 (as detailed in Exhibit 1) is not interest, a credit service charge or a finance charge. Certain fees and charges
may apply in certain circumstances to your payment for the Services, including without limitation, those expressly set forth in
Exhibit 1 attached hereto and incorporated herein by reference.
C. AutoPay and Paperless Billing. If you accept a promotion that requires you to sign up for and maintain AutoPay and/or
Paperless Billing and later discontinue AutoPay and/or Paperless Billing, then you may no longer be eligible for that promotion
and you may lose the promotional price.
D. Alterations to Payment Terms. If you paid for a monthly subscription (other than a Pre-Pay Promotion) and your account is
past due on more than one occasion, we may require that you pay for all Services and Equipment before you receive them
and you will be deemed to be receiving your Service under a Pre-Pay Promotion, at which point, all terms and conditions of
such Pre-Pay Promotion will apply to you. If you paid for a multi-month subscription to any Services and your account is past
due for any amount, we may convert your multi-month subscription to a monthly subscription, and we will first apply the
amount you paid for your multi-month subscription to any past due amounts and then to any obligations you incur in the future.
E. Restarting your Services. If you do not pay your bill in full by its due date, or you at any time otherwise fail, neglect or refuse
to make timely payment for your Services, we may disconnect your Services, and in such event we will be wholly relieved
from any and all of our duties and obligations under this Agreement. If your Services are disconnected for non-payment or any
other reason, DISH Network may require that you pay, and you agree to pay, before we reconnect your Services, all past due
charges, a deposit equal to a minimum of one month of service charges, and all outstanding balances accrued through the
date of such disconnection. If your Services are disconnected for non-payment or any other reason, you will no longer be
eligible, even if you pay to restart your Service, to receive any remaining credits or promotional pricing that you would have
been eligible to receive had your Services not been disconnected. Unless required by applicable law, deposits will not be held
segregated from other funds and will not earn or accrue interest. Promotional pricing is valid only at the time of installation.
F. Attorneys' Fees/Collections. If we use an attorney or a collection agency to collect any money you owe us or to assert any
other right that we may have against you, including without limitation, any breach of any agreement you may have with DISH
Network or one of our affiliates, you agree to pay the reasonable costs of such collection or other action. These costs may
include, without limitation, the costs of a collection agency, reasonable attorneys' fees and court costs. If you believe you have
been billed in error or you would like to make any other requests for a billing statement credit, you must contact our customer
service center by telephone or in writing within twenty (20) days after the date you receive the bill for which you are seeking
correction. Failure to timely notify us of a dispute will constitute your acceptance of the corresponding bill. You must pay
undisputed portions of any billing statement before the next billing statement is issued or you must pay a Late Payment Fee.
All payments for Services must be made directly by you to us, unless we authorize otherwise; 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.
G. Billing Agent Payments. Different or other payment and billing terms, conditions, options and fees may apply when billing is
provided through a third-party billing agent, including without limitation, a local telephone company.
H. Early Termination Fees. Depending on your specific Package Plan Agreement, you may incur fees for disconnecting your
service before the expiration of a commitment period or downgrading your programming below any applicable minimum
programming requirement during a commitment period (each an "Early Termination Fee"). Please reference your Package
Plan Agreement for details regarding any Early Termination Fee that may apply.
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