Might have to go DTV. Will I incur penalty

red hazard

Supporting Founder
Original poster
Supporting Founder
Oct 13, 2003
557
7
St Louis Metro East (Illinois)
My wife received a notice from The Asia Network, which provides Korean programming via SES-1, that they will start transitioning customers to DTV next month. TAN apparently is going out of business like KISB did last year. I have had DN for over 10 years but the wife does not like their Korean programming package. About 3 weeks ago DN upgraded me, not at my request, to the EA using a 1000.4. If I switch to DTV, will DN hammer me with an ETF penalty? The contract they emailed me did not have an ETF provision as far as I could tell. Thanks for any knowledgeable replies.
 
If you didn't sign anything that extended your contract, then no there will be no ETF. Be looking for anything in that emailed contract that says anything about 2 year commitments.
 
Mine is specified on the 2nd page of my contract as $10 per month ETF. Contract is over 2 years old. I understand it's now $17 a month but don't know when that started.
 
Here is the Meat of the Contract

As far as I can see, there is no ETF clause in the contract I signed. See below: I also did not see a ETF clause in the Residential Customer Agreement.


I acknowledge receipt of and agree that I have read, understand and agree to be bound by the terms and conditions contained in this Service Agreement (including those set forth on the back of this page) and the Residential Customer Agreement or Commercial Customer Agreement, as applicable.

Customer Initials: ______

I confirm that the work detailed above has been completed in a satisfactory manner on the date shown below, that the
equipment is in good working order, and that I am receiving the programming I requested. I agree that DISH Network may
return to my property for the purpose of quality assurance inspections. I represent that I have the authority to initial and sign
this Service Agreement.

Customer Signature: ______________________________________________ Date: __________________


(page 2)


NOTICE TO THE CUSTOMER

PRODUCT RECEIVEDFROM CUSTOMER

ADDITIONAL CHARGES(if applicable)


DISH NETWORK SERVICE L.L.C.

SERVICE AGREEMENT

Definitions: “DNSLLC” means Dish Network Service L.L.C. (or in California, DISH Network California Service
Corporation). “Customer” means the person(s) whose name(s) appears on the DISH Network account for the address listed on
the front of this Service Agreement. The person(s) whose signature appears on the front of this Service Agreement represents
that he/she is: (i) the Customer or authorized to accept this Service Agreement and its terms on behalf of the Customer; and (ii)
at least 18 years old.

60-Day Installation Warranty: DNSLLC warrants that the services and materials provided hereunder shall be free from
defects for a period of 60 days following the date of installation. During such warranty period, DNSLLC will replace and/or
correct any workmanship or materials that are reported to DNSLLC as defective, as may be verified by DNSLLC in its
reasonable discretion. For warranty or service issues, please call 1-800-333-DISH.

User and Installation Guide: Customer acknowledges receipt of and agrees to the terms and conditions related to equipment
warranties found in the User and Installation Guide.

Authorization for Installation: Customer represents and warrants that: (i) he/she/it owns the real property at which the
installation was performed, including without limitation, any improvements located at the street address given above (the
“Property”); (ii) he/she/it has been authorized to contract for services at the Property and has the authority to authorize the
installation contemplated herein (including, without limitation, making alterations to the Property such as drilling holes in
walls, floors, ceilings and roofs, and installation of a pole and/or roof mount, rail mount and/or wall mount apparatus); or (iii)
he/she/it is a tenant at the Property and either his/her/its agreement with the landlord of the Property allows Customer to have
equipment installed at the Property as contemplated herein (including, without limitation, making alterations to the Location
such as drilling holes in walls, floors, ceilings and roofs, and installation of a pole and/or roof mount, rail mount and/or wall
mount apparatus) or Customer has secured all permission from the landlord of the Property necessary for such installation.

Release: Customer agrees to release and hold DNSLLC and its affiliates, and its and their subcontractors, harmless from any
damage, loss or expense of any nature whatsoever that results from or relates to the installation of any equipment, including
without limitation, drilling holes in walls, floors, ceilings and roofs, and installation of the antenna, coaxial cable, receivers,
and a pole and/or roof mount, rail mount and/or wall mount apparatus.

Indemnification: Customer agrees to indemnify and hold DNSLLC and its affiliates, and its and their subcontractors, harmless
from and against any damage, loss or expense of any nature whatsoever caused or claimed to be caused by the use of DISH
Network equipment by Customer, members of Customer’s household or employees of Customer’s business (as applicable), or
guests, licensees or invitees of Customer, including without limitation, damage, loss or expense caused by circumstances
beyond DNSLLC’s or its affiliates’ control, such as acts of God, weather conditions and power failures. Customer further
agrees to indemnify and hold DNSLLC and its affiliates, and its and their subcontractors, harmless from and against any
damage, loss or expense of any nature whatsoever caused or claimed to be caused by the installation of equipment or service
work performed hereunder, or as a result of Customer’s failure to obtain any consent of the owner of the Location, except to
the extent such damage, loss or expense is incurred as the direct result of DNSLLC’s or its subcontractors’ gross negligence or
intentional misconduct.

Service Interruptions: Customer agrees that neither DNSLLC nor any of its affiliates is liable or responsible for in any way
whatsoever service interruptions that result from or relate to circumstances beyond their reasonable control, such as acts of
God, weather conditions and power failures.

Collections: Customer hereby authorizes DNSLLC and its affiliates to report any payment defaults to credit reporting
agencies. Under the Fair Credit Reporting Act, Customer has the right to notify DISH Network if he/she/it believes we have
reported inaccurate information about Customer’s account to any credit reporting agency. Please include in any such notice
Customer’s name, current address, Social Security number, telephone number, account number and type of account, and the
specific item of dispute and why Customer believes the information reported is in error. Such notice should be sent to DISH
Network Customer Service Center, Attn: Privacy, P.O. Box 9033, Littleton, CO 80160.
 
Mine is specified on the 2nd page of my contract as $10 per month ETF. Contract is over 2 years old. I understand it's now $17 a month but don't know when that started.

Was that contract for new service or something similar? The contract I posted above was for a DN initiated change required for the new HD channels. They called me.
 
If you didn't pay to upgrade, chances are that Dish extended your contract. If you are under contract, you will incur the cancellation charge. My last contract stated $17.50 per month, times the 21 months you have left, may total $367.50.
 
If you didn't pay to upgrade, chances are that Dish extended your contract. If you are under contract, you will incur the cancellation charge. My last contract stated $17.50 per month, times the 21 months you have left, may total $367.50.

What contract are you talking about? I have never signed a contract with a minimum service commitment. I always owned all my equipment and did all my previous installations.

I was hoping that a DNS installer who has done many of the HD upgrades could provide a definitive answer.
 
My suggestion is to just call E* and ask them if you're still under contract. If you are, they will tell you when the contract expires.

It doesn't look like you are but it's best to call them.
 
I'd recommend calling up and getting transferred to the cancellation dept. Let them confirm any current contract remaining. I had numerous calls and chats where I was told I had a contract end date but later found out mine had ended months before. Mostly due to the fact that some customers do get free installs/moves w/o commitment and front-line agents automatically see a Movers tag on the account and think 1-2 year contract.

Also they will let you know if they can sweeten your stay w/ Dish any since it sounds like this may be a legit cancel request.
 
If they contacted you and you didn't pay for the reinstall, you likely are not under any commitment, but as others have said, contact E* and ask them. There should be paper you signed that indicates a term contract if you are, in fact, under a commitment contract.
 
Was that contract for new service or something similar? The contract I posted above was for a DN initiated change required for the new HD channels. They called me.

That was for new service in June '06. Sounds like your contract was somewhere around the same time. So if you do have to pay, don't do anything more than $10. If they didn't have you sign anything, then extending the contract still reverts to the initial agreement. Given your situation and the ambiguity on contract extension, I'd like your chances in court.
 
I'd recommend calling up and getting transferred to the cancellation dept. Let them confirm any current contract remaining. I had numerous calls and chats where I was told I had a contract end date but later found out mine had ended months before. Mostly due to the fact that some customers do get free installs/moves w/o commitment and front-line agents automatically see a Movers tag on the account and think 1-2 year contract.

Also they will let you know if they can sweeten your stay w/ Dish any since it sounds like this may be a legit cancel request.

Sounds like good advice. :up
Dish does not have acceptable Korean programming; DTV does. When mama ain't happy, nobody is happy! I'll be going to DTV if there is no Dish subscription commitment. The contract I posted and signed does not indicate there is one but I'll take your advice and deal with retention.
 

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