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5. BILLING POLICIES; PAYMENTS FOR SERVICES; FEES
A. Payments
. You agree to pay all prices, fees and/or charges billed for Services, as well
as all taxes that are now or in the future assessed in connection with any Services that you
receive from us. You acknowledge and agree that such prices, fees and/or charges may
include, without limitation, reimbursement charges for certain taxes and/or governmental
fees imposed on DISH and/or one or more of its affiliates. Unless you prepay for all Services
as a Pre-Pay Promotion customer, we will bill you monthly in advance for most Services
and in arrears for other Services (including, without limitation, pay-per-view ordered by
you or anyone who uses your Equipment). In the event that you are a Pre-Pay Promotion
customer, then you will be billed on a monthly basis and you must make all payments on
or before the due date on your bill in order to continue receiving Services; you must also
pre-pay for all other Services (including, without limitation, pay-per-view ordered by you or
anyone who uses your Equipment). For the avoidance of doubt, you are responsible for and
agree to pay for all prices, fees and charges for pay-per-view Services ordered by anyone
who uses your Equipment, even if you did not authorize such persons to order such
pay-per-view Services using your Equipment.
B. Billing Policies
. Your bills will show the total amount due, the payment due date,
payments, credits, refunds, purchases, prices, fees and charges to your account. You may
submit your payment by mail, on our website, through our automatic payment program,
by calling a DISH customer service representative or by any other means that we may
designate from time to time. 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. In the event that you send checks or money orders
marked with a designation such as “
payment in full
,” then we may accept them without
waiving any of our rights (including, without limitation, our right to collect any other amounts
owed by you), notwithstanding your characterization of such payment. DISH does not
extend credit to customers, and the Late Payment Fee (as set forth in Exhibit 1) is not
interest, a credit service charge or a finance charge. Certain prices, fees and/or charges
may apply in certain circumstances to your payment for Services and/or Equipment
(including, without limitation, those set forth in Exhibit 1).
C. eAutoPay
. In the event that you accept a promotion that requires you to sign up for
and maintain paperless billing and automatic payment (known, as of March 1, 2016, as
eAutoPay, and any other name by which the same or similar promotions may be known in
the future), and you fail to maintain paperless billing and automatic payment, then you may
lose the promotional benefits related to such promotion.
Residential Customer Agreement, cont.
D. Alterations to Payment Terms
. In the event that your account is past due on more
than one (1) occasion, then we may at any time 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.
E. Restarting Your Services
. In the event that 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 or any other payments under this Agreement or your applicable Promotion
Agreement(s) as and when due, then we may disconnect your Services without notice at
any time, and in such event we will be wholly relieved from any and all of our duties and
obligations under this Agreement and your applicable Promotion Agreement(s). In the event
that your Services are disconnected for non-payment or any other reason, then before we
reconnect your Services, DISH may require that you pay, and you agree to pay:
(i) all past-due prices, fees and charges; (ii) all outstanding prices, fees and charges
accrued through the date of such disconnection; and (iii) a deposit equal to a minimum of
one month of prices, fees and charges for the Services and other services that you received
prior to disconnection. In the event that your Services are disconnected for non-payment
or any other reason, then, even if you pay to restart your Service, you will no longer be
eligible to receive any credits, refunds, price reductions or any other form of compensation,
including, without limitation, any remaining credits, refunds, price reductions or any other
form of compensation that you would have been eligible to receive had your Services not
been disconnected. Unless required by applicable law, deposits will not be segregated from
other funds and will not earn or accrue interest. Promotional pricing is valid only at the time
of installation.
F. Billing Errors
. You must pay all prices, fees and charges set forth in any bill by the due
date of such bill, or among other things, you will be subject to a Late Payment Fee
(as set forth in Exhibit 1). All payments for Services must be made directly to us, unless we
authorize otherwise. DISH shall have no obligation to provide Services for which payment is
made to a third party, unless we agree otherwise.
G. Billing Representative Payment Terms
. In the event that we authorize a
third-party billing representative (including, without limitation, a telephone company) to bill
you for Services and/or Equipment, then different or additional payment and billing terms,
conditions, options, prices, fees and charges may apply.
H. Early Termination Fees
. Depending on your applicable Promotion Agreement(s), you
may incur prices, fees and/or charges in the event that your Services are canceled or
disconnected before the expiration of a term commitment or downgrading your programming
below any applicable minimum programming requirement during a term commitment (each,
an “Early Termination Fee”). Please reference your applicable Promotion Agreement(s) for
details regarding any Early Termination Fee that may apply.
Residential Customer Agreement, cont.
