TERMS AND CONDITIONS
Products and services sold by SatDeal, an Authorized Retailer for DISH Network/EchoStar Communications Corporation. By ordering DISH Network merchandise and/or services from SatDeal, either by phone or via the Internet, you agree to the following terms and conditions. Placing an order through SatDeal creates a legally binding contract between you and SatDeal. If you do not agree to these terms and conditions, please do not order from SatDeal.
DEFINITIONS
For the purposes of this document, the term "Agreement" shall refer to both the Order Form and these Terms and Conditions of Purchase. The terms "you" and "your" shall refer to the person completing this transaction. The term “Parties” shall refer simultaneously to both the person completing this transaction and SatDeal.
ORDER PROCESSING
Upon acceptance of your order by SatDeal, and receipt of your $49.99 activation fee (refunded on your first month's programming bill), SatDeal will process your order and provide an installation date for free standard professional installation to be carried out by authorized DISH Network personnel. All orders placed through SatDeal are a part of the DIGITAL HOME ADVANTAGE promotion. Promotional details for DIGITAL HOME ADVANTAGE (Promo Code 'ETDHA') can be found here.
PROGRAM PAYMENT
By placing this order, you declare that you are the authorized cardholder indicated on the Order Form or that you have been authorized by the cardholder to use the credit card indicated on the Order Form. In the event the credit card on the Order Form is dishonored, rejected, or later contested for any reason, you agree to pay the amount indicated on the Order Form to SatDeal.
REFUND POLICY
SatDeal offers a 7 day refund policy prior to activation.
EARLY TERMINATION OF SERVICE
You understand that the standard professional installation provided as a part of the Digital Home Advantage promotion is free of charge, provided you maintain a monthly programming subscription with DISH Network (either AT 60, AT 120, AT 180, Everything Pak, or DISH Latino programming service) for a minimum of 180 Days. You agree not to terminate such service for any reason during the first 180 days of service. If service is terminated or downgraded below AT 60 or DISH Latino prior to 180 days, you agree to reimburse SatDeal for installation in the amount of $125. Your use of the services provided by SatDeal and DISH Network shall confirm your acknowledgment of this early termination fee.
DISH NETWORK
In transacting business with SatDeal, you understand that SatDeal is not DISH Network, but is an authorized DISH Network reseller. You agree to be bound by the additional terms and conditions of the DISH Network Residential Agreement.
DEFAULT
In the event you default on your obligations under this Agreement, you authorize SatDeal to charge your credit card $125.00. In the event you contest this amount, or the charge is dishonored or rejected for any reason, SatDeal shall have the right to report the matter to national credit reporting agencies and may pursue legal action. By directly disputing charges with your credit card company, you further agree to pay any third-party collection costs and/or credit card dispute charges for any fees charged by SatDeal ($30 minimum charge per dispute).
WARRANTY
SatDeal does not warranty or guarantee any DISH Network receivers or components. SatDeal is not responsible for any warranties, whether express or implied, issued by DISH Network. All warranty work must be done in accordance with the manufacturer's warranty.
LIMITATION OF LIABILITY
In no event shall SatDeal be responsible for incidental or consequential damages arising from your purchase of merchandise or services from SatDeal. SatDeal's maximum aggregate liability to you arising from this transaction shall be the amount paid by you to SatDeal.
INDEMNITY
You agree to indemnify and hold harmless SatDeal against any costs, fines, claims, damages, charges, or fees (including reasonable attorney's fees) arising from your purchase, or the installation or use of the satellite equipment you are purchasing.
CONSENT TO BINDING ARBITRATION BEFORE THE AMERICAN ARBITRATION ASSOCIATION
By execution of this Agreement you hereby consent and agree that any and all disputes that arise concerning this Agreement or any of the terms of this Agreement, or that concern any aspect of the relationship between the Parties, shall be decided exclusively in binding arbitration conducted by the American Arbitration Association ('AAA'). Client and Company further consent and agree that Client may file his/her complaint with the AAA in his/her state, but that all AAA arbitration hearings shall be conducted in Orem, Utah, where Company is headquartered and located, before a single AAA arbitrator. The arbitrator shall be appointed in accordance with Section R-13, Appointment from Panel, of AAA's Commercial Arbitration rules. The Parties consent and agree that the AAA arbitrator shall exclusively apply UTAH law to the dispute, regardless of and without giving any consideration to choice of law principles. The Parties further consent and agree that each party will bear his/her/its own cost and attorneys' fees incurred in connection with the AAA arbitration proceedings, and agree that the AAA arbitrator shall have no power or discretion to make any award of costs or attorneys' fees. However, in the event that either party files any court proceedings in violation of the contractually agreed upon arbitration requirement, the party who is required to appear in any court proceedings to defend against such proceeding shall be entitled to an immediate stay and dismissal of such court proceedings, and shall be entitled to an award of all reasonable attorneys' fees and costs incurred in connection with such court proceedings. The final decision of the arbitrator shall be furnished in writing and shall constitute a conclusive determination of the issue(s) in question, binding upon the Parties, and shall not be contested by either of them except as permitted by applicable law. Such decision may be used in a court of law only for the purpose of seeking enforcement of the arbitrators' award.
USE OF ELECTRONIC RECORDS
You agree to the use of SatDeal's electronic records to evidence this Agreement. You understand that you have the right not to consent to the use of electronic records by not transacting business with SatDeal. In such event, this Agreement will be null and void. Your consent applies only to this transaction. You hereby waive any objection you may have to SatDeal's use of electronic records in court should it be necessary for SatDeal to enforce the terms of this Agreement.
NOTICES
If notice is required, you agree to notify SatDeal by e-mail at support@SatDeal.com or toll-free at 1-800-853-7381. Notice will be deemed given when received by SatDeal. SatDeal is not liable for problems caused by misdirected or undelivered e-mail. SatDeal will direct all correspondence to you at the postal address or email address provided on the Order Form, unless otherwise informed of a change of address.
MISCELLANEOUS
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, have 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 deemed void or unenforceable by any court of law, in whole or in part, the remainder of the Agreement shall remain in effect. The Parties agree that in such event, the offending clause shall be replaced with a provision or provisions having the same economic effect. This Agreement shall be binding upon, and shall inure to the benefit of, the Parties and their respective heirs, legal representatives, successors and assigns. In all matters contained in this Agreement, time is of the essence.
BY ORDERING FROM SATDEAL, I HEREBY ACKNOWLEDGE THAT I HAVE READ THE ABOVE TERMS AND CONDITIONS, UNDERSTAND THEM, AND AGREE TO BE LEGALLY BOUND BY THEM.
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