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ACE Dish, Inc. is an Authorized Retailer for DISH Network, DirecTV, WildBlue
and HughesNet. By placing your order by phone or via the Internet with ACE Dish (www.ACEDish.com), you are agreeing to the following terms and conditions governing your purchase of merchandise and/or services from ACE Dish. By placing your order, you are creating a legally binding contract with ACE Dish. If you do not agree to these terms, please do not order from ACE Dish.
Definitions
As used herein, the word "agreement" shall mean the Order Form you just completed and these Terms and Conditions of Purchase (including any terms incorporated by hyperlink). The words "I", "you" or "your" shall mean the person completing this transaction.
Payment
I state that I am the authorized cardholder indicated on the Order Form or that I 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, I agree to pay the amount indicated on the Order Form to ACE Dish.
The Order
Upon acceptance of your order by ACE Dish and receipt of your deposit/activation fee, ACE Dish will process your order and provide you an installation date for
the service you selected to be performed. By ordering from ACE Dish, you will
illegible to receive manufacturers warranty on all products and installations
performed.
30-Day Money Back Guarantee
If customer cancels within 30 days of activation, fees paid by the customer to
ACE Dish or if applicable to DISH Network, DirecTV, WildBlue or HughesNet will be refunded, including Activation Fee and monthly programming charges. Exceptions include pay-per-view/video-on-demand charges, lease upgrade fees and payments made to an installation technician at the time of installation. Refund will be made in the same form as payment. Customers will not be subject to the cancellation fee if service is cancelled within 30 days of activation.
Early Termination of Service Fee
You agree to a monthly programming package or service level, and agree to not terminate such service for any reason during your 18 (eighteen) month service commitment. If service is terminated or downgraded below
minimum programming or service level prior to eighteen months, you agree to pay ACE Dish a termination fee of $295. Your use of the services provided by ACE Dish and/or
DISH Network, DirecTV, WildBlue or HughesNet. shall confirm your acknowledgment of this fee.
Subscription
I understand that ACE Dish is not DISH Network, DirecTV, WildBlue or
HughesNet but is an authorized dealer/reseller. I agree to be bound by the terms
of the contract.
Default
In the event you default on your obligations under this agreement, you authorize ACE Dish to charge your credit card $295.00. In the event you contest this amount or the charge is dishonored or rejected for any reason, ACE Dish shall have the right to report the matter to national credit reporting agencies and may pursue any other legal remedy. You further agree to pay any 3rd party collection costs.
Warranty
ACE Dish hereby disclaims all warranties, whether express or implied, including the warranties of merchantability and the warranty of fitness for a particular use. ACE Dish does not warranty or guaranty any
DISH Network, DirecTV, WildBlue or HughesNet receivers, modems or
components and all warranty work must be done in accordance with the
manufacturer's warranty.
Limitation of Liability
In no event shall ACE Dish be responsible for incidental or consequential damages arising by reason of your purchase of merchandise or services from ACE Dish. ACE Dish's maximum aggregate liability to you arising by reason of this transaction shall be the amount paid by you to ACE Dish.
Indemnity
You agree to indemnify and hold harmless ACE Dish against any costs, fines, claims, damages, charges, or fees (including reasonable attorney's fees) arising by reason of your purchase, the installation or use of the satellite equipment you are purchasing.
Notices
If notice is required, you agree to notify ACE Dish by e-mail at support@ACEDish.com or toll-free at 1-866-223-3474. Notice will be deemed given when received by ACE Dish. ACE Dish will not be liable for problems caused by misdirected or undelivered e-mail. ACE Dish will direct all correspondence to you at the postal address or email address provided on the Order Form unless you notify us of a change of address.
Enforcement of This Agreement
This agreement shall be governed by and interpreted in accordance with the laws of the State of
Virginia, excluding its conflict of laws provisions. Any dispute under or in connection with this Agreement or any of the transaction contemplated herein shall be subject to the exclusive jurisdiction of and the personal jurisdiction within the state and federal courts within
Prince William County, Virginia. You hereby waive any objection you may have to personal jurisdiction in such courts. In the event you default on the terms of this agreement, you agree to pay to ACE Dish all costs, fees and expenses including reasonable attorney's fees.
Use of Electronic Records
I agree to ACE Dish's use of electronic records to evidence this agreement. I understand that I have the right to not consent to the use of electronic records by not transacting business with ACE Dish. In such event, this will be null and void. My consent applies only to this transaction. I hereby waive any objection I may have to ACE Dish's use of electronic records in court should it be necessary for ACE Dish to enforce the terms of this agreement.
Miscellaneous Matters
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, having 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 adjudged by any court of law to be void or unenforceable, in whole or in part, the rest of the agreement shall remain in effect. The parties agree that in such event, the offending clause will be replaced with a provision or provisions having the same economic effect. This agreement shall be binding on, and shall inure to the benefit of, the parties to it and their respective heirs, legal representatives, successors and assigns. In all matters contained in this agreement, time is of the essence.
BY ORDERING FROM ACE Dish, I HEREBY ACKNOWLEDGE THAT I HAVE READ THE ABOVE TERMS AND CONDITIONS, UNDERSTAND THEM, AND AGREE TO BE LEGALLY BOUND BY THEM.
Revised 05/242006
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