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Direct-tv.ws, Inc. is an Authorized Retailer for DirecTV Corporation. By placing your order by phone or via the Internet with Direct-tv.ws (www.Direct-tv.ws), you are agreeing to the following terms and conditions governing your purchase of merchandise and/or services from Direct-tv.ws. You further acknowledge that you are a first-time DirecTV residential customer. By placing your order, you are creating a legally binding contract with Direct-tv.ws. If you do not agree to these terms, please do not order from Direct-tv.ws.
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 "you", "your", and "customer" shall mean the person completing this transaction.
The $500 Gas and Grocery Offers:
$500 in Gas and/or Groceries is sent to you over 20 months at $25 per month per offer provided you send in proof of spending $100 in fuel and/or Groceries per month at your choice of gas station and/or Grocery Store. There is a one time 9.99 priority shipping and processing fee for the offers.
MP3 / MP4 Player offer:
Mp3 Mp4 Mp5 Players are not made by Apple and all play mp5's Video and all sources of mp3 music, They are of excellent quality and compatable with microsoft media player as well as media monkey. There is a one time shipping and processing fee of 29.99 on all MP3,4,5 Players This fee includes any shipping, taxes, and fuel sur charge fee's from the MFG to us, Then the shipping to you from Direct-tv.ws, MP5 Ipod style players Retail value of units vary between 99.99 - 199.99. We guarantee to send with 2gb of memory or more and to be in perfect working order. We also guarantee these are not refurbished and are 100 percent brand new units, Any DOA's must be sent back with RMA number (please call for RMA) printed on shipping label.
Payment
You state that you are the authorized cardholder or that you have been authorized by the cardholder to use the credit card for payment. As an alternative form of payment you may be able to purchase a prepaid debit card via check by phone. If the check by phone payment is dishonored, rejected, or later contested for any reason, you agree to pay the full amount to Direct-tv.ws plus any 3rd party collection costs. If you purchase a prepaid debit card and do not get DirecTV service for any reason, all refunds for those orders will only be processed back to the debit card.
The Order
Upon acceptance of your order by Direct-tv.ws and receipt of your $49.99 deposit/activation fee, Direct-tv.ws will process your order and provide you an installation date for free standard professional installation to be performed through DirecTV.
Direct-tv.ws Early Termination of Service Fee
You agree to a monthly programming package which includes a minimum of DTV FAMILY, Choice, or DTV LATINO Basico service, and agree to not terminate such service for any reason during your 24 (twenty four) month service commitment. This 24-month service commitment is part of your agreement with Direct-tv.ws, and shall be binding upon you even if you choose a "no contract" option with DirecTV. If service is terminated or downgraded below DTV FAMILY or DTV LATINO Basico prior to twenty four months, or if you elect to use DirecTV's "Service Pause" (Vacation Mode) service prior to six months, you agree to pay Direct-tv.ws a termination fee of $295. Your use of the services provided by Direct-tv.ws and DirecTV shall confirm your acknowledgment of this fee.
Default
In the event you default on your obligations under this agreement, you authorize Direct-tv.ws to charge your credit card $295.00. In the event you contest this amount or the charge is dishonored or rejected for any reason, Direct-tv.ws 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
Direct-tv.ws hereby disclaims all warranties, whether express or implied, including the warranties of merchantability and the warranty of fitness for a particular use. Direct-tv.ws does not warranty or guaranty any DirecTV receivers or components and all warranty work must be done in accordance with the manufacturer's warranty.
Limitation of Liability
In no event shall Direct-tv.ws be responsible for incidental or consequential damages arising by reason of your purchase of merchandise or services from Direct-tv.ws. Direct-tv.ws's maximum aggregate liability to you arising by reason of this transaction shall be the amount paid by you to Direct-tv.ws.
Indemnity
You agree to indemnify and hold harmless Direct-tv.ws 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 Direct-tv.ws by e-mail at support@Direct-tv.ws.com or by writing to:
Direct-tv.ws Inc.
By:Matrix inc
68780 Dawn St Suite 100
Edwardsburg, MI. 49112
Notice will be deemed given when received by Direct-tv.ws. Direct-tv.ws will not be liable for problems caused by misdirected or undelivered e-mail or postal mail. Direct-tv.ws 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 Missouri, 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 Greene County, Missouri. 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 Direct-tv.ws all costs, fees and expenses including reasonable attorney's fees.
Use of Electronic Records
You agree to Direct-tv.ws's use of electronic records to evidence this agreement. You understand that you have the right to not consent to the use of electronic records by not transacting business with Direct-tv.ws. In such event, this will be null and void. Your consent applies only to this transaction. You hereby waive any objection you may have to Direct-tv.ws's use of electronic records in court should it be necessary for Direct-tv.ws to enforce the terms of this agreement.
DirecTV Subscription
You understand that Direct-tv.ws is not DirecTV but is an authorized DirecTV dealer/reseller. You agree to be bound by the terms of the DirecTV Residential Agreement found here.
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 Direct-tv.ws, YOU HEREBY ACKNOWLEDGE THAT YOU HAVE READ THE ABOVE TERMS AND CONDITIONS, UNDERSTAND THEM, AND AGREE TO BE LEGALLY BOUND BY THEM.
Direct-tv.ws's Terms & Conditions revised 08/15/2007. Copyright © 2007 by Direct-tv.ws, Inc. All rights reserved.
Starz / Showtime Free For 3 Months
Customer who subscribe to Choice Xtra or higher packages are eligible to receive Starz & Showtime free for 3 months. After 3 free months, customer must call to downgrade or then-current price will apply.
Equipment and Installation
Standard Professional Installation includes typical installation of one 20" dish antenna, typical hook-up of up to 4 receivers to up to 4 TVs and equipment testing. More complex installations may require additional fees; other installation restrictions apply.
DirecTV Protection Plan (DTV-PP)
DTV-PP is an optional service program that is currently priced at $5.99 per month. DTV-PP is not currently available to subscribers who are billed by any 3rd party for the DirecTV services provided under this Agreement and may not be available to such subscribers in the future.
Plan Benefits
The DIRECTV PROTECTION PLAN gives you the ultimate in professional technical services for your DIRECTV® System, including:
- Covering the cost associated with replacing defective equipment, including remotes and receivers
- Coverage of wiring, satellite antenna, connections/switches and more
- Power surge-related repairs
- Dish antenna realignments
- 24-hour technical support
- In-home service calls
One Low Monthly Fee
Get the DIRECTV PROTECTION PLAN for just $5.99 a month. This low monthly fee covers every DIRECTV® Receiver on your account.
Term Agreement and Cancellation Fee
You agree to an twenty four (24) month contract term. By agreeing to this 24 month contract term, you agree to purchase DTV FAMILY, Choice, or LATINO Basico TV Package as your minimum subscription level for eighteen (24) months from the date of initial activation (.Initial Term.). If after activation, but before the end of the Initial Term, you elect to terminate this Agreement or downgrade your programming below the required minimum programming package of DTV FAMILY, Choice, or LATINO Basico TV Package, or your service is disconnected for any reason, and all programming and other fees and charges for the Initial Term have not been paid in full as of such termination, downgrade, or disconnection, you agree to pay, and we will automatically charge, a cancellation fee equal to $13.33 multiplied by the number of months remaining in the Initial Term to your DirecTV account or your Credit Card as defined below, at our option. In the event that at any time during the Initial Term you are eligible to participate in DTV Pause or any other program pursuant to which your DirecTV service may be temporarily suspended, you agree that the Initial Term shall automatically resume immediately following such suspension and that the last day of such Initial Term shall be extended for the number of days by which your DirecTV service was suspended. DirecTV shall determine eligibility for any such promotion in its sole discretion and reserves the right to deny eligibility for any reason. In the event that at any time you otherwise owe more than one (1) cancellation fee with respect to the same minimum programming package pursuant to this Agreement and any other agreement(s) between you and DirecTV, you agree that the terms and conditions applicable to the cancellation fee with respect to such minimum programming for which the greatest amount is then owing to DirecTV shall be controlling.
ADDITIONAL TERMS AND CONDITIONS
General
This promotion offers eligible new, first-time residential DirecTV subscribers and eligible Former DirecTV Subscribers the opportunity to lease certain equipment and purchase certain services, subject to the terms and conditions of this Agreement and the Residential Customer Agreement.
Eligibility
Services and equipment must be ordered, installed, and activated between and including August 15th, 2007 and January 31, 2008. This offer is limited to: (i) new, first-time residential DirecTV subscribers and (ii) former residential DirecTV subscribers who: (a) previously maintained for no less than six (6) consecutive months an active DirecTV account in good standing status as determined in DirecTV's sole discretion; (b) voluntarily disconnected any and all prior DirecTV accounts; (c) timely paid any and all balances owing under their prior DirecTV account(s) in full; and (d) have not received DirecTV programming or other services during the six-month period prior to activation under this promotion (.Former DirecTV Subscribers.). In addition to (and without limitation of) the foregoing, no new, first-time DirecTV subscriber or Former DirecTV Subscriber shall be eligible for this offer unless such subscriber: (1) resides in the continental United States, Hawaii, or one of the sections of the Anchorage, Alaska metropolitan area that have been determined by DirecTV in its sole discretion to be eligible locations under this promotion; (2) provides DirecTV with a valid major credit card number issued to the customer who electronically accepts this Agreement; (3) provides DirecTV with the Social Security number issued to the customer who electronically accepts this Agreement; and (4) receives credit approval. If you reside in Alaska, you represent and warrant that you have confirmed with your participating retailer that your residence is within an area that has been determined by DirecTV to be an eligible location under this promotion. Only one (1) participant is allowed per household. This offer may not be combined with any other offer. Standard professional installation of up to four (4) receivers to up to four (4) televisions, a DTV satallite dish antenna (or other applicable antenna as required for your location and/or programming you have selected, in each case as determined by DirecTV in its sole discretion) and mounting hardware is included. In certain installations and/or in the event of certain programming purchases, additional equipment may be required and additional fees may apply. Maximum of four (4) total tuners per account. DirecTV shall determine eligibility for participation, including without limitation the number and type of receivers to be provided, in its sole discretion and reserves the right to deny eligibility for any reason.
Programming
A minimum programming package of DTV FAMILY, Choice, or LATINO Basico TV Package is required at all times. In the event you do not purchase the required minimum programming package, your service will be deactivated. Local network channels may be purchased if and where available for an additional $5.00/mo.
Monthly Fees and Payments
You agree to make a monthly payment by the payment due date for the programming you select and for the following fees as applicable depending on the equipment you select:
- Equipment Rental Fee: An equipment rental fee of $5.00 per month for the first receiver activated is included in the promotional base programming package price. An additional equipment rental fee of $5.00 per month will be charged to your account for each receiver activated beyond the first;
- DirecTV DVR Service Fee: A $5.98 per month DirecTV DVR service fee will be charged to your account for each DVR receiver activated. This fee will not apply with respect to one (1) such receiver if you subscribe to DTV Choice Xtra Plus DVR or Choice Xtra Puls HD DVR;
- Additional Outlet Programming Access Fee: A $5.00 per month additional outlet programming access fee will be charged to your account for each receiver activated beyond the first;
- HD Enabling Fee: A $6.00 per month HD enabling fee will be charged to your account if any HD model receiver is activated. This fee will be waived on a monthly basis if you subscribe to any DTV HD Pak.
The $49.99 activation fee (if applicable) is non-refundable. State and local taxes, or reimbursement charges for gross earnings taxes imposed on satellite providers for transmission of programming in some states, may apply. Other fees may apply as set forth in the Residential Customer Agreement. Different or other payment options may be applicable where billing is provided through a billing agent. All receivers selected by you within the first thirty (30) days of initial activation of your DirecTV account shall be treated as selected by you under this Agreement for all purposes, including, without limitation, with respect to ownership and unreturned equipment fees.
Unreturned Equipment Charges
This promotion allows you to use the satellite receiver(s), smart card(s) and remote control(s), low noise block converters with integrated feeds ("LNBFs"), BBC module(s), and switches (if any) you select under this promotion while you remain an active customer in good standing and in compliance with this Agreement and the Residential Customer Agreement. All such equipment is owned by DirecTV at all times and must be returned if you elect to terminate this Agreement or downgrade your programming below required minimum programming package of DTV FAMILY, Choice, or LATINO Basico TV Package, or your service is otherwise disconnected for any reason at any time. WITHIN FIFTEEN (15) DAYS OF SUCH TERMINATION, DOWNGRADE, OR DISCONNECTION, YOU AGREE TO RETURN ALL SUCH EQUIPMENT IN GOOD OPERATING CONDITION, NORMAL WEAR AND TEAR EXCEPTED, TO: (1) your original retailer (Installation Company)(or DirecTV if no retailer was used) if such termination, downgrade, or disconnection occurs during the first 180 days after activation of programming, or (2) DirecTV if such termination, downgrade, or disconnection occurs after the first 180 days from the date of activation of programming. If such termination, downgrade, or disconnection occurs after the first 180 days, you agree to immediately call DirecTV at 1-800-494-4388 to receive a return authorization number and delivery instructions for the return of such equipment to DirecTV. You are responsible for and shall bear all costs and expenses to return such equipment. IF YOU FAIL TO RETURN SUCH EQUIPMENT AS SET FORTH HEREIN, YOU AGREE TO PAY, AND WE WILL AUTOMATICALLY CHARGE TO YOUR DirecTV ACCOUNT OR YOUR CREDIT CARD (AS DEFINED BELOW), AT OUR OPTION, AN UNRETURNED EQUIPMENT CHARGE FOR EACH ITEM NOT RETURNED AS FOLLOWS (in each case and collectively, the "Unreturned Equipment Charge"): model HR10, HR20, HR21 receiver, $400.00; model R10, R15 receiver, $300.00; model H10, H20, H21 receiver, $200.00; model D10, D11, D12 receiver, $100.00; outdoor LNBF and quad switch, $100.00.
Collection of Fees/Credit Card Authorization
You hereby authorize DirecTV to charge, and/or place a hold with respect to, any and all cancellation fee(s) and unreturned equipment fee(s) owing under this Agreement (collectively, the Authorized Amounts), to your credit card or debit/check card that you initially provided to DirecTV and/or to any other credit card or debit/check card of yours that you provide to make payments to DirecTV (the Credit Card), authorize the issuer of the Credit Card to pay the Authorized Amounts without DirecTV submitting a signed receipt, and agree that this Agreement is to be accepted as such authorization. You authorize DirecTV to continue to attempt to charge, and/or place holds with respect to, the Authorized Amounts, or any portion thereof, to the Credit Card until such amounts are paid in full. You acknowledge and agree that DirecTV shall have no liability whatsoever for any non-sufficient funds, rejected debit, or other charges incurred by you as a result of such attempts to charge, and/or place holds on, the Credit Card. Payment of a cancellation fee shall not relieve you of your obligation to pay all unpaid charges on your account. In the event that you are enrolled or later enroll in DirecTV's AutoPay (AutoPay) or Electronic Funds Transfer (EFT) payment programs, you agree that the Authorized Amounts and any and all monthly programming, pay-per-view, and other similar and related charges and other amounts owing under this Agreement or the Residential Customer Agreement may be charged to the credit card, debit/check card or account provided by you to DirecTV pursuant to such AutoPay or EFT program.
Billing Agents
We may enter into relationships with third parties to provide billing and other services on our behalf in which case the terms and conditions of this Agreement shall apply to such third parties as applicable under the circumstances.
Contact Information
You may reach DirecTV by e- mail at feedback@directv.com, or write us at:
Customer Service
DIRECTV, Inc.
P.O. Box 6550
Greenwood Village, CO 80155-6550
Please do not send payments to this address.
DirecTV Terms & Conditions revised 08/15/2007. Copyright © 2007 by DirecTV, all rights reserved. All service marks and trademarks belong to their respective owners.
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