Dish Network DishPro User Manual page 123

Residential Customer Agreement
which you have agreed under the terms and conditions of any other agreement with
DISH Network. If a change affects you, we will provide you notice of such change and its
effective date. In the event that we delete, rearrange or change any programming,
programming packages or other Services, you understand and agree that we have no
obligation to replace or supplement any programming, programming packages or other
Services previously offered that have been deleted, rearranged or otherwise changed.
You further understand and agree that you will not be entitled to any refund because of a
deletion, rearrangement or change in the contents of any programming, programming
packages, or other Services previously offered.
H. Multi-Month Subscriptions. For multi-month subscriptions, you may downgrade your
Services only at your time of renewal. You may not downgrade your Services during the
term of a multi-month subscription.
2. BILLING POLICIES AND PAYMENTS FOR SERVICES
A. You agree to pay all amounts billed for Services and to pay all taxes, fees and other
charges, if any, which are now or may in the future be assessed in connection with any
Services you receive from us. Unless you prepay for a multi-month subscription to
Services, we will bill you each month, 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. 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
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