DIRECTV TERMS OF SERVICE FOR COLLEGES & UNIVERSITIES
Contents
1. other conditions apply to sports programming Programming and pricing may change Unti Price lea 000 Customers with Local Channels on account prior to 2 7 13 will maintain flat rate Local Less HBO or HBO Cinemax Price Channel Fee which as of 2 7 13 is 59 99 For monthly total calculation to the right either _ Local Channels 59 99 include per unit Local Channel rate or flat rate depending on Customer Receiver Software Fee See Rate Card for price and Qualifying Premium Service defined below classification m Number of Receivers 0 00 DRE CUSTOMERS If you use Residential Experience Equipment you must pay the DVR Property Service Fee following o 50 00 e Receiver Software Fee DIRECTV will charge a 0 25 software fee for all active cy receivers Indicate the number of HD or HD DVR receivers to the right I Small Property Fee 25 99 e DVR Property Service Fee DIRECTV will charge a monthly DVR Property Service Fee Property Fees Total The DVR Property Service Fee is due at all times as long as DVR functionality is active DIRECTV will charge a Small Property Fee if you have fewer than 20 Units GRAND TOTAL HBO PACKAGE OR HBO CINEMAX PACKAGE WITH COMMITMENT OPTION HBO Package or HBO Cinemax Package included at no additional charge in connection with subscription to a base package for a period of 3 years thirty six 36 consecutive months or 5 years sixty 60 c2. CUSTOMER SIGNATURE CUSTOMER AGREES TO THESE TERMS INCLUDING THIS COVER PAGE AND EACH OF THE SCHEDULES ATTACHED HERETO THESE TERMS ARE NOT BINDING ON DIRECTV UNTIL ACTIVATION IF YOU RECEIVE DISCOUNT S AS PART OF YOUR SUBSCRIPTION AND YOU DO NOT COMPLETE YOUR COMMITMENT PERIOD EARLY CANCELLATION FEES MAY APPLY Legal Name of Customer Name of Person Signing Operating Name Print Title Date Phone Signature AUTHORIZED RETAILER SIGNATURE BY SIGNING AUTHORIZED RETAILER CERTIFIES THAT IT HAS EXPLAINED THESE TERMS TO THE CUSTOMER INCLUDING THE BILLING AND COLLECTION OBLIGATIONS AND EACH OF THE SCHEDULES HERETO AND THAT THE INFORMATION PROVIDED HEREIN IS TO THE BEST OF THE UNDERSIGNED S KNOWLEDGE COMPLETE AND ACCURATE AND THAT THE UNDERSIGNED HAS VERIFIED THE ACCURACY OF THE INFORMATION BY PERSONALLY VISITING THE SCHOOL Legal Name of Authorized Retailer Name of Person Signing Operating Name Print Title Date Phone Signature College University Form 7 1 14 64355v3 Page 1 of 10 SCHOOL AND AUTHORIZED RETAILER INFORMATION DIRECTV Account Number Bill to Physical Address Mailing Address Authorized Retailer Billing Full Legal Name of Customer Unit Count Property Name Physical Address Contact at Property Property Phone Number Mailing Address if different Contact at Mailing Address Mailing Address Phone Number Dealer Nam
3. Five Year Commitment Period required Early cancellation fees may apply DIRECTV HD Receiver Subsidy Program See DIRECTV HD Receiver Subsidy Terms and Conditions attached Five Year Commitment Period required Early cancellation fees may apply College University Form 7 1 14 64355v3 Page 2 of 10 DIRECTV PROGRAMMING COMMITMENT TERMS AND CONDITIONS These DIRECTV Programming Commitment Terms and Conditions set forth additional terms and conditions that apply if you receive a discount off of the DIRECTV Commercial Lodging amp Institutions Rate Card in effect from time to time Rate Card DIRECTV SERVICE WILL BE PROVIDED AT THE RATES SET FORTH ON THE RATE CARD WHICH MEANS All PRICES CONTAINED IN THESE TERMS AND CONDITIONS ARE SUBJECT TO CHANGE EVEN THOUGH YOU ARE AGREEING TO A COMMITMENT PERIOD IN OTHER WORDS THE ACTUAL PER UNIT RATE FOR THE CHANNELS WILL INCREASE IF THE RATE ON THE RATE CARD INCREASES BUT THE DISCOUNT S WILL STILL APPLY DISCOUNT IF YOU WISH TO RECEIVE A DISCOUNT OFF OF THE RATE CARD PRICING PLEASE INITIAL ONE OF THE L amp I PACKAGES LISTED BELOW YOU MUST SUBSCRIBE TO THE REQUIRED CHANNELS FOR THE L amp l PACKAGE YOU INITIAL Room z De i z s Per Unit da 5 Discount Commitment Initial taken L amp I Package Required Channels Rate Discount Period Period Eligible for BE Ultimate Entertainment or Family Authorized Retailer of DTV 60 months from
4. Commitment Period Calculation Early Cancellation Fee Amount 1 200 60 which is the Commitment Period x number of months remaining in Commitment Period For example if you selected the HD Bundle for a school with 100 Units and you received the Discount Amount for a full 12 months but you terminate these Terms or cease paying for the Required Channels at 24 months you will pay DIRECTV 5 400 4 50x100x12 5 400 but if you selected SD Base regardless of the number of Units if you cease paying for the Required Channels at 24 months you will pay DIRECTV 720 1200 60 20x36 720 This payment is due within thirty 30 days of receipt of a notice of failure to complete the Commitment Period from DIRECTV If you fail to make payment DIRECTV may at its option a charge you for the Required Channels for the entire Commitment Period and or b pursue legal remedies against you for and receive the total amount due College University Form 7 1 14 64355v3 Page 3 of 10 DIRECTV HOTEL PREMIER SUBSIDY TERMS AND CONDITIONS These DIRECTV Hotel Premier Subsidy Terms and Conditions set forth the additional terms and conditions of your receipt from DIRECTV of the Subsidy Amount as defined below in connection with your purchase or lease through an Authorized Retailer and or a Lodging amp Institutions equipment distributor an L amp I Distributor the party that provides Equipment shall be referred to herein as the Equipment Provide
5. LIABILITY FOR THE PAYMENT OF ANY REQUIRED MUSIC LICENSE FEES IF YOU WISH TO PLAY MUSIC OTHER THAN MUSIC SERVICES PROVIDED BY DIRECTV AS PART OF A PACKAGED MUSIC College University Form 7 1 14 64355v3 Page 9 of 10 CHANNEL SERVICE AND DISPLAYED IN ACCORDANCE WITH OUR RULES OF USE INCLUDING MUSIC INCLUDED WITHIN TELEVISION PROGRAMMING OR ADVERTISING IN YOUR SCHOOL LOCATIONS YOU ARE RESPONSIBLE FOR ALL REQUIRED MUSIC LICENSE FEES d Indemnification YOU AGREE TO INDEMNIFY DEFEND AND HOLD DIRECTV ITS OFFICERS EMPLOYEES AGENTS AND REPRESENTATIVES HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS DAMAGES LIABILITIES EXPENSES INCLUDING REASONABLE ATTORNEYS FEES AND COSTS OF LITIGATION LOSSES JUDGMENTS AND ASSESSMENTS OF ANY KIND DIRECTLY OR INDIRECTLY RESULTING FROM YOUR BREACH OF ANY OF OBLIGATIONS HEREUNDER 8 RESOLVING DISPUTES Any legal or equitable claim relating to these Terms or your Service referred to as a Claim will be resolved as follows a Resolution We will first try to resolve any Claim informally Accordingly neither of us may start a formal proceeding except for Claims described in Section 8 b below for at least 60 days after one of us notifies the other of a Claim in writing You will send your notice to the address on the first page of these Terms and we will send our notice to your billing address Except as provided in Section 8 b if we cannot resolve a Claim informally any Claim either of us asserts w
6. Send one copy of the demand for arbitration to the other party b Special Rules In the arbitration proceeding the arbitrator has no authority to make errors of law and any award may be challenged if the arbitrator does so Otherwise the arbitrator s decision is final and binding on all parties and may be enforced in any federal or state court that has jurisdiction Neither you nor we shall be entitled to join or consolidate claims in arbitration by or against other individuals or entities or arbitrate any claim as a representative member of a class or in a private attorney general capacity The arbitrator shall award attorneys fees and costs to the party that the arbitrator determines prevailed at the arbitration A court may sever any portion of Section 8 that it finds to be unenforceable except for the prohibition on class or representative arbitration Notwithstanding this Section 8 i any Claim based on Section 1 c above ii any dispute involving a violation of the Communications Act of 1934 47 U S C 605 the Digital Millennium Copyright Act 17 U S C 1201 the Electronic Communications Privacy Act 18 U S C 2510 2521 or any other statement or law governing theft of service may be decided only by a court of competent jurisdiction and iii an action may be asserted in small claims court in lieu of arbitration 9 MISCELLANEOUS a Notice Notices to you will be deemed given when personally delivered addressed to you at
7. and obligations under these Terms without our prior written consent not be unreasonable withheld If as part of the sale of your school you wish to transfer any of the foregoing contact DIRECTV no later than thirty 30 days prior to the proposed effective date of the transfer so that DIRECTV can review your account and determine whether DIRECTV will approve the transfer such approval not to be unreasonably withheld d Other These Terms and any lease activation programming or other service commitment agreement that you entered into with DIRECTV in connection with obtaining Service constitute the entire agreement between you and DIRECTV No salesperson or other representative is authorized to change it If any provision is declared by a competent authority to be invalid that provision will be deleted or modified to the extent necessary and the rest of the Terms will remain enforceable The terms that expressly or by their nature survive termination shall continue thereafter until fully performed No occupant of any Unit shall be deemed to have any privity of contract or direct contractual or other relationship with DIRECTV by virtue of these Terms or delivering of the Services College University Form 7 1 14 64355v3 Page 10 of 10
8. control For an interruption of a significant length of time that is within our reasonable control upon your request we will provide what we determine to be a fair and equitable adjustment to your account to make up for a Service interruption THIS IS YOUR SOLE REMEDY AND OUR SOLE DUTY You agree that these Terms do not provide for and the Service does not include any warranty services or other services that we might provide separately including without limitation any fee based or other programs WE MAKE NO WARRANTY REGARDING ANY SERVICE OR DTV RECEIVING EQUIPMENT WHICH IS PROVIDED AS IS ALL SUCH WARRANTIES INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE EXPRESSLY EXCLUDED YOU BEAR THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF DTV RECEIVING EQUIPMENT AND ARE RESPONSIBLE FOR THE ENTIRE COST OF REPAIR b Limitations of Liability WE ARE NOT RESPONSIBLE FOR ANY INDIRECT CONSEQUENTIAL SPECIAL PUNITIVE INCIDENTAL DAMAGES OR LOSSES RELATING TO THE DTV RECEIVING EQUIPMENT OR ANY SERVICE WHETHER BASED ON NEGLIGENCE OR OTHERWISE WE SHALL NOT BE LIABLE FOR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES NOR FOR ANY LOSS OF PROFITS LOSS OF BUSINESS LOSS OF USE OR INTERRUPTION OF BUSINESS c Exhibition and Music Rights WE SHALL HAVE NO LIABILITY TO ANY PERSON OR ENTITY DUE TO OR BASED ON THE CONTENT OR YOUR EXHIBITION OF ANY OF THE SERVICES PROVIDED BY US INCLUDING BUT NOT LIMITED TO
9. you think a statement is incorrect or if you need more information about it contact us immediately We will try to resolve any complaints as promptly as we can but you must contact us within 60 days of receiving the statement in question Undisputed amounts must be paid by the due date to avoid a late fee and reduction or deactivation of Service 3 CUSTOMER INFORMATION a Representations and Warranties The person ordering Service represents and warrants that s he is authorized to agree to these Terms and that all rights approvals and consents necessary to accept these Terms have been obtained You have had the opportunity to consult with an attorney or any other person entity of your choosing for legal professional advice prior to agreeing these Terms Further you have read and understand the contents terms conditions and effects of these Terms You represent warrant acknowledge and agree that i there is no agreement or understanding with any third party that conflicts or interferes with these Terms ii you grant DIRECTV the right to deliver satellite entertainment programming and services and to use all equipment on site in order to provide the Services iii the Services shall only be displayed or exhibited in Units within School Locations at which persons will view the Services on a free to guest basis and iv unless otherwise authorized by DIRECTV you shall not display or exhibit and shall not permit others to display or exhibit in
10. 0 SD Base Locals See Rate Card Buydown of DTV Risseivin the date of Receiving Equipment activation Equipment Only Ultimate or Entertainment 2 00 60 months from 20 SD Bundle Locals See Rate Card 0 50 of Discount if 42 Months the date of Showtime is activation included in the QPS Ultimate or Entertainment 60 months from 20 HD Base HD Access See Rate Card 1 50 12 Months the date of Locals activation i 4 50 Hiraat Enterin 60 months from 20 HD Bundle Locals See Rate Card 12 Months the date of ae POOE 0 50 of Discount if activation Any Qualifying Premium Service Showtime is included in the QPS YOU ARE ONLY ELIGIBLE TO RECEIVE A DISCOUNT IF YOUR SCHOOL IS AT LEAST 20 ROOMS SUBSCRIBER UNITS Please review the Rate Card for pricing and requirements Discount is based on bill credits applied in months 2 through 13 of your monthly subscription Final price does not include applicable sales tax Applicable taxes will be added monthly to your account To access DIRECTV HD programming the per Unit HD Access fee and HD equipment are required Qualifying Premium Services QPS are 1 Showtime Package 2 Starz Super Pack or 3 Encore See Rate Card for Qualifying Premium Service classification No discount for programming if you select SD Base but the Authorized Retailer is eligible for buydown on DTV Receiving Equipment for your school PROGRAMMING C
11. 30 days prior to the scheduled closing To the extent a Guaranty Addendum is attached to these Terms Customer s payment and performance of the Obligations shall be absolutely unconditionally irrevocably and jointly and severally guaranteed by the persons or entities identified as guarantors therein You agree to pay DIRECTV a reasonable UCC filling and processing fee not to exceed 50 00 which amount may be billed by DIRECTV College University Form 7 1 14 64355v3 Page 7 of 10 LODGING AND INSTITUTIONS GENERAL TERMS AND CONDITIONS 1 OUR SERVICE These are the terms on which we will provide you Service a Program Choices and DTV Receiving Equipment and Programming Changes You must subscribe to a base package in order to receive additional Services such as premium movie services or sports subscriptions All programming selections have their own rates terms and conditions Information about programming is at www directv com Many factors affect the availability cost and quality of programming and may influence the decision to raise prices and the amount of any increase These include among others programming and other costs consumer demand market and shareholder expectations and changing business conditions Accordingly we have the unrestricted right to change rearrange add or delete our programming packages the selections in those packages our prices and any other Service at any time We will endeavor to notify you of any change wit
12. AR PURPOSE ARE EXPRESSLY EXCLUDED DIRECTV IS NOT RESPONSIBLE FOR ANY SPECIAL INCIDENTAL OR CONSEQUENTIAL DAMAGES RELATING TO THE DTV RECEIVING EQUIPMENT TRANSFER OR ASSIGNMENT Both parties intend that these terms and conditions shall inure to the benefit of their respective assigns transferees successors in interest secured parties and collateral assignees and that it shall continue in full force and effect after any sale of the school and be binding on all subsequent owners Customer shall comply with DIRECTVs transfer and assignment requirements see General Terms and Conditions CONSEQUENCES OF YOUR FAILURE TO SATISFY YOUR COMMITMENT PERIOD If you fail to maintain your subscription to the Required Channels for the entire Commitment Period in addition to any other early cancellation fees set forth in these Terms for i SD Bundle HD Base and HD Bundle Customer will pay DIRECTV an early cancellation fee equal to the sum of all Discount s provided to Customer which shall be based on the number of months the school received the Discount s when you ceased payment for the Required Channels Calculation Discount Amount x number of Subscriber Units x number of months school received the Discount and ii for Customers that take SD Base since no Discount is actually provided the early cancellation fee amount shall be 1 200 which shall be reduced on a pro rata basis by the number of months you actually paid for the Required Channels during the
13. DIRECTV TERMS OF SERVICE FOR COLLEGES amp UNIVERSITIES Last Updated July 1 2014 THESE DIRECTV TERMS OF SERVICE FOR COLLEGES amp UNIVERSITIES INCLUDING THE SCHEDULES ATTACHED HERETO THE TERMS DESCRIBE THE TERMS AND CONDITIONS OF YOUR RECEIPT OF DIRECTV SERVICE WHETHER PROVIDED TO YOU DIRECTLY BY DIRECTV OR INDIRECTLY THROUGH ONE OF DIRECTV S AUTHORIZED SALES AGENTS AN AUTHORIZED RETAILER BY AGREEING TO THESE TERMS YOU ARE ESTABLISHING A DIRECT RELATIONSHIP WITH DIRECTV THIS PROVIDES YOU WITH THE COMFORT THAT YOU CAN CONTINUE TO RECEIVE DIRECTV SERVICE EVEN IF YOU NO LONGER HAVE A RELATIONSHIP WITH THE AUTHORIZED RETAILER AND EVEN IF DIRECTV S RELATIONSHIP WITH THE AUTHORIZED RETAILER ENDS DIRECTV either directly or indirectly through an Authorized Retailer provides satellite entertainment programming and services including for certain installations associated DTV Receiving Equipment Service or Services to qualifying college or university dormitories student housing and other approved campus locations approved by DIRECTV School Locations As used herein DIRECTV we us or our means DIRECTV LLC and you your or Customer means the entity that owns the School Locations receiving the Service and or the entity that is responsible for the payment of fees and charges The Services must be provided on a free to guest basis and may be provided only within th
14. LLATION AND MAINTENANCE You shall arrange with an Authorized Retailer for the timely delivery and installation of the DTV Receiving Equipment to your school As between DIRECTV and Customer Customer shall be solely responsible for any and all costs associated with the installation and maintenance of the DTV Receiving Equipment Customer agrees that DIRECTV is not responsible to provide the installation maintenance or service on the DTV Receiving Equipment and any claims about installation maintenance service or breach of warranty will not eliminate your obligation to complete the Commitment Period Customer at its own expense shall provide and maintain for each item of DTV Receiving Equipment insurance against loss theft and damage in an insured amount equal to the full replacement value of such item of DTV Receiving Equipment WARRANTY LIMITATIONS AND SPARES YOU UNDERSTAND THAT ALL WARRANTY CLAIMS FOR THE DTV RECEIVING EQUIPMENT MUST BE HANDLED BETWEEN YOU AND THE EQUIPMENT PROVIDER DIRECTV MAKES NO WARRANTY EITHER EXPRESSED OR IMPLIED REGARDING THE DTV RECEIVING EQUIPMENT ALL SUCH WARRANTIES INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE EXPRESSLY EXCLUDED DIRECTV IS NOT RESPONSIBLE FOR ANY SPECIAL INCIDENTAL OR CONSEQUENTIAL DAMAGES RELATING TO THE EQUIPMENT OR SUBSIDY AMOUNT Please contact your Equipment Provider for specific warranty details PROTECTION AND OWNERSHIP OF E
15. OMMITMENT You must subscribe to the Required Channels within the L amp l Package selected for the Commitment Period After you have fulfilled your entire Commitment Period you are not obligated to continue your subscription to the Service for any specific duration Even if Customer receives the Discount under these Programming Commitment Terms and Conditions if Customer commits to any higher programming minimums such as those under DIRECTV Residential Experience Equipment Customer must continue to subscribe to the higher minimum requirement EQUIPMENT INSTALLATION AND MAINTENANCE You shall arrange with your Authorized Retailer for the timely delivery and installation of all hardware and or software required for the installation of the required DTV Receiving Equipment at your school As between DIRECTV and Customer Customer shall be solely responsible for any and all costs associated with the installation and maintenance of the DTV Receiving Equipment Customer agrees that DIRECTV is not responsible to provide the installation maintenance or service on the DTV Receiving Equipment Customer agrees that any claims about installation maintenance or service or breach of warranty or representation will not impact its obligation to complete its Commitment Period DIRECTV MAKES NO WARRANTY EITHER EXPRESSED OR IMPLIED REGARDING THE EQUIPMENT ALL SUCH WARRANTIES INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICUL
16. QUIPMENT AND GRANT OF SECURITY INTEREST You shall have no right to sell give away transfer remove or relocate the DTV Receiving Equipment at any time during the Commitment Period without DIRECTV s prior written consent You agree DIRECTV s rights and interests are irrevocable and coupled with an interest such that the rights and obligations hereunder shall constitute covenants and restrictions running with the land binding and inuring to the benefit of all future owners of the school or of any interest in the school but notwithstanding any method of affixation or any applicable law relating to fixtures no portion of the DTV Receiving Equipment will be deemed a fixture of the school during the Commitment Period By accepting these Terms you grant DIRECTV a security interest in all DTV Receiving Equipment and all proceeds of them in any form to secure payment and performance of all of your obligations under these Terms By accepting these Terms you also agree to provide and you authorize DIRECTV to prepare and file such additional documentation as DIRECTV deems reasonably necessary to establish or perfect this security interest including without limitation financing statements Both parties intend that these Terms shall inure to the benefit of their respective assigns transferees successors in interest secured parties and collateral assignees and that it shall continue in full force and effect after any sale of the school and be binding on all sub
17. T OF YOUR SUBSCRIPTION TO THE SERVICE AND IF YOU DO NOT COMPLETE YOUR COMMITMENT PERIOD DEFINED BELOW THE APPLICABLE SUBSIDY AMOUNT MUST BE RETURNED TO DIRECTV IN ACCORDANCE WITH THESE TERMS YOU ALSO UNDERSTAND THAT YOU ARE ONLY ELIGIBLE TO RECEIVE THE SUBSIDY AMOUNT IF YOU APPLY IT TO DISTRIBUTION EQUIPMENT PURCHASED OR LEASED AFTER THE DATE OF THESE TERMS YOU WILL STILL BE CONSIDERED THE RECIPIENT EVEN THE EQUIPMENT SUBSIDY WILL BE PROVIDED TO THE EQUIPMENT PROVIDER EQUIPMENT SUBSIDY PROGRAMMING REQUIREMENT AND DISCOUNT If you wish to receive the Subsidy Amount you must purchase or lease the Distribution Equipment subscribe to the Required Primary Channels for the Commitment Period as defined below and initial the requested Subsidy Amount in the table below related to the number of Units at your school DIRECTV Service will be provided at the rates set forth on the Commercial Lodging amp Institutions Rate Card in effect from time to time the Rate Card which means all prices contained in these terms and conditions are subject to change IN OTHER WORDS THE ACTUAL PER UNIT RATE FOR THE CHANNELS WILL INCREASE IF THE RATE ON THE RATE CARD INCREASES Initial One per pis Subsidy Number or Subsidy Amount L amp I Package Required Primary Per Unit Rate mount Units Channels Ultimate or Entertainment HD Access 75 0 _ 0 00 DRE Bundle Locals See Rate Card Any Qual
18. ancel Service if you do not to accept any changed terms Any agreement with an Authorized Retailer is separate and apart from these Terms cancellation of your Service does not affect any rights or obligations between you and an Authorized Retailer d Credit Balances Subject to any third party billing relationship if you receive your bill from DIRECTV when your account is closed we will review your account and refund any excess monetary payments Unused portions of retention or similar credits will not be refunded If your credit balance is less than 1 00 we will not issue you a refund unless you make a written request for the refund If you do not make such a written request for the refund within one year of the close of your account you forfeit any credit balance remaining on your account and your account balance will be reset to zero You understand that you will incur fees and charges as a result of your receipt and use of Service and or DTV Receiving Equipment and may incur early cancellation fees and or equipment non return fees By giving us your credit or debit card account information at any time you authorize us to apply this method of payment in accordance with applicable law to satisfy any and all amounts due upon cancellation You further acknowledge that you are required to maintain current credit or debit card information with us and agree to notify us whenever there is a change in such information 5 GOVERNMENTAL ENTITIES The parti
19. any manner whatsoever any of the Services received in areas accessible to the public and or common areas such as bar restaurant diner stadium casino club cafe theater If your school does not meet the qualification for School Locations but you still wish to receive the Service you may qualify for other types of commercial establishment services subject to a separate commercial agreement b Contact Information In connection with these Terms and during the term you agree to provide organization documents government issued identification or other documentation requested by DIRECTV to confirm your full legal name and your state of organization or principal place of business or residence You also agree to provide true accurate current and complete contact information about your School Locations and maintain and promptly update your contact information to keep it true accurate and complete If you provide a cellular telephone number you acknowledge and consent that we may call you on your cellular phone for business purposes including collections calls You also grant permission for us to send non marketing service or account related text messages to your cellular phone Your carrier s message and data rates may apply but you may opt out of the text messages at any time College University Form 7 1 14 64355v3 Page 8 of 10 4 TERM CHANGES IN CONTRACT TERMS AND CANCELLATION a Change in Terms We reserve the right to change the terms an
20. d conditions on which we offer Service If we make any such changes we will send you a copy of your new Terms of Service with its effective date If you do not accept any such changed terms or conditions subject to Sections 4 c and d you have the right to cancel your Service If you elect not to cancel your Service after receiving a new Terms of Service your continued receipt of Service constitutes acceptance of the changed terms and conditions If you notify us that you do not accept such terms and conditions then we may cancel Service b Term The term of these Terms shall run concurrently with any commitment you agreed to in consideration for DTV Receiving Equipment or promotional Service offers whether set forth in the Terms or agreed to by you separately before or after the date you signed these Terms Following the end of any such commitment the Term shall continue indefinitely and Service will continue until canceled as provided herein If you did not agree to a definitive term commitment in consideration for DTV Receiving Equipment or a promotional Service offer the term is month to month and Service will continue until cancelled as provided herein In either case unless you notify us that you wish to cancel it we will automatically renew Service that you subscribe to on a periodic basis including any monthly or annual subscriptions and seasonal sports subscriptions as long as we continue to carry the Service The term of these Terms is di
21. d on your bill from your Authorized Retailer for any questions about your bill DIRECTV will bill and collect from such Authorized Retailer for the Service and you shall pay such Authorized Retailer directly for the Service If however DIRECTV informs you that the Authorized Retailer is no longer authorized by DIRECTV to bill and collect for the Service or the Authorized Retailer has ceased or failed to pay DIRECTV when due or the Authorized Retailer is insolvent or unable to pay its debts in the ordinary course then DIRECTV may commence billing and collection directly with you and you shall pay DIRECTV for Service in accordance with these Terms If any of the foregoing occur you are obligated to DIRECTV for payment of the Service from and after the earlier of i the date you learn of the Authorized Retailer s cessation or failure of payment ii the date DIRECTV notifies you that the Authorized Retailer is no longer authorized to perform billing activities or iii Authorized Retailer s insolvency or inability to pay its debts in the ordinary course You are responsible for manually deleting any content recorded with the DIRECTV DVR Service that is not automatically deleted see Section 6 b of the General Terms and Conditions To delete 1 Turn on the TV 2 Push the playlist button on the remote control 3 Push the dash for delete all 4 An on screen message will appear asking you if you want to delete all recordings and 5 Press Yes
22. dit or debit card to establish recurring payments authorize a monthly ACH payment or pay by mail See Section 4 c and d regarding payment upon cancellation We may in our discretion accept partial payments which will be applied to the oldest outstanding statement No payment in full notation or other restrictive endorsement written on your payments will restrict our ability to collect all amounts owing to us We may reduce your Service to a minimum service level at our rates in effect at the time or deactivate your Service if you do not pay your statements on time after any applicable grace period You will pay all state and local taxes or other governmental fees and charges if any which are assessed To control the basic charges which apply to all customers we may charge fees that arise in specific circumstances only to those customers responsible for them b Billing Statements Subject to any third party billing relationship if you receive your bill from DIRECTV we will send you a statement for each billing cycle usually once every 30 days unless you have a zero or nominal balance due or a nominal credit balance on your account at the end of a billing cycle If you receive your bill from an Authorized Retailer please speak with them regarding payments and timing of payments Statements from DIRECTV will show 1 payments credits purchases and any other charges to your account 2 the amount you owe and 3 the payment due date If
23. e Dealer Corp ID Dealer Number Legal Structure of Customer Corporation LLC Partnership J Sole Proprietor Government J Other If Customer is corporation limited liability company or limited partnership state of organization If Customer is general partnership state in which principal place of business is located If Customer is sole proprietorship state of principal residence Federal Tax ID Tax Exempt L Yes No Based on total number of outlets connected to the DTV Receiving Equipment unless otherwise approved by DIRECTV PROGRAMMING SELECTION Select the Services Customer wishes to order by checking the appropriate boxes below Enter the Service price if it is not already listed for each selection using the Lodging and Institutions Rate Card Use the per Unit price corresponding to the number of Units UNIT UNIT PACKAGE PRICE PACKAGE PRICE PACKAGE UNIT PRICE ULTIMATE SILA I Po acoes soas IE Starz SuperPack STIS rENTERTANWENT s664 O H80 Package 275 J Encore Demy sa onena Package 2 75 Omen D tocal cranes s050 ET SHOWTIME Package sas Olore Charges must be based on 100 of the Units at all times Pricing does not include taxes Customer is responsible for taxes Refer to your Service bill for taxes due In certain areas Number of Units Service may be unavailable or additional restrictions may apply Blackout restrictions and
24. e private rooms of the student housing facilities and if approved by DIRECTV other non public areas of the School Locations DIRECTV receiving hardware an Access Card as defined below remote control and receiving antenna dish referred to collectively as DTV Receiving Equipment are required to view the Service This DTV Receiving Equipment may be in addition to other hardware and software sold or leased to you by your Authorized Retailer to which these Terms do not apply You may contact us 24 hours a day by calling our DIRECTV Business Service Center at 1 800 388 2505 or sending us an e mail at commercialcustsat directv com or writing us for notices and mail DIRECTV LLC Business Service Center P O Box 5392 Miami FL 33152 5392 or for payments DIRECTV LLC L amp l Account Payments P O Box 60036 Los Angeles CA 90060 0036 These Terms are in addition to and are separate and apart from any agreement between you and your Authorized Dealer DIRECTV and Authorized Retailers are independent entities and DIRECTV is not responsible for any acts or omissions of the Authorized Retailers AUTHORIZED RETAILER BILLING IF YOU HAVE MADE ARRANGEMENTS WITH YOUR AUTHORIZED RETAILER TO BILL AND COLLECT FOR SERVICE YOU UNDERSTAND THAT THE AUTHORIZED RETAILER S BILLING AUTHORITY IS SUBJECT TO THE APPROVAL OF DIRECTV AND YOU FURTHER AGREE TO THE FOLLOWING ADDITIONAL BILLING TERMS AND CONDITIONS Please use the contact information provide
25. es recognize that DIRECTV is a provider of a commercial service and even if Customer is a government entity that the provision of the Service does not deem DIRECTV a government contractor or subject DIRECTV to federal state or local procurement regulations applicable to government contractors Notwithstanding anything herein if you are a government entity to the extent applicable law prohibits a indemnification of commercial vendors indemnification under Section 6 b and 7 d shall not apply and b the resolution of disputes through arbitration Section 8 shall not apply Section 2 a shall be subject to a government entities tax exempt status 6 SOFTWARE LICENSE AND DVR SERVICE a Software Some DTV Receiving Equipment incorporates software which is owned by DIRECTV or its third party licensors the software Before using the DTV Receiving Equipment read the terms and conditions for use of the software located in the user manual and at www directv com If you do not agree to these terms you may not use the DTV Receiving Equipment and may not activate the Service and should immediately return the DTV Receiving Equipment to DIRECTV b DVR Service DIRECTV DVR Service is only available to DRE customers with DVR enabled DTV Receiving Equipment The DIRECTV DVR Service is not authorized for use in any other environment and may be used only for private non commercial viewing purposes The DIRECTV DVR Service gives your guests or
26. he full Subsidy Amount provided to you For example if you selected the DRE HD Bundle for a school with 100 Units and DIRECTV paid you a Subsidy Amount of 7 500 and you cease payment at any time before the end of the Commitment Period you will refund to DIRECTV 7 500 Payment is due within thirty 30 days of receipt of a notice of failure to complete the Commitment Period If you fail to make payment DIRECTV may at its option a pursue legal remedies against Customer for and receive the total amount due and or b access the school and remove the DTV Receiving Equipment pursuant to the security interest granted below Customer agrees that it will pay all expenses e g attorneys fees incurred in connection with the enforcement of any remedies PAYMENT OF SUBSIDY AMOUNT Following activation of the Required Primary Channels if you are entitled to a Subsidy Amount DIRECTV will pay such Subsidy Amount directly to your Equipment Provider Please initial below to indicate that you understand and agree that payment of the Subsidy Amount will be made to your Equipment Provider and that DIRECTV will look to you for payment of the Subsidy Amount if you fail to fulfill the Commitment Period as set forth above Initial Here College University Form 7 1 14 64355v3 Page 6 of 10 EQUIPMENT INSTALLATION AND MAINTENANCE You shall arrange with an Authorized Retailer for the timely delivery and installation of the DTV Receiving Equipment
27. hin our reasonable control and its effective date b Access Card You have received conditional access cards referred to collectively as the Access Card and a License Agreement governing your use of the Access Card while you are receiving our Service Tampering with or other unauthorized modification of the Access Card is strictly prohibited and may result in criminal or civil action Tampering with or inserting any device into your DTV Receiving Equipment other than an authorized unmodified Access Card is prohibited DIRECTV reserves the right to cancel or replace the Access Card Upon request the card must be returned to DIRECTV If you do not return the Access Card to DIRECTV when you cancel your Service you may be charged a fee Requesting Access Cards on behalf of other persons or for purposes other than lawful viewing of DIRECTV Service is prohibited Access Cards are the exclusive property of DIRECTV c Viewing Limitations and Blackouts You may not resell rebroadcast transmit or perform the programming charge admission for its viewing or transmit or distribute running accounts of the Services You shall not charge your Units nor the guests residents or other occupants of Units for the viewing of or listening to any Service s but shall distribute all of the Services free of charge and as a convenience of occupancy All Units located at the school shall receive all of the Services Notwithstanding the provisions of Section 8 we o
28. ifying Premium Services Ultimate or Entertainment HD Access 54 0 __ 0 00 HD Bundle Locals See Rate Card Any Qualifying Premium Services Ultimate or Entertainment 18 0 __ 0 00 HD Base HD Access See Rate Card Locals YOU ARE ONLY ELIGIBLE TO RECEIVE A SUBSIDY AMOUNT IF YOUR SCHOOL IS AT LEAST 20 UNITS Please review the Rate Card for pricing and requirements Final price does not include applicable sales tax Applicable taxes will be added monthly to your account To access DIRECTV HD programming the per Unit HD Access fee and HD equipment are required DRE customers will be charged a receiver software fee and a DVR property service fee Qualifying Premium Services QPS are 1 Showtime Package 2 Starz Super Pack or 3 Encore see Rate Card for Qualifying Premium Service classification PROGRAMMING AND SUBSIDY AGREEMENT You agree to subscribe to the Required Primary Channels and pay the appropriate programming fees for a period of not less than 5 years sixty 60 consecutive months from the date of activation the Commitment Period After you have fulfilled your Commitment Period you are not obligated to continue your subscription to the Service for any specific duration If you fail to maintain your subscription to the Required Primary Channels and pay the appropriate programming fees for the Required Primary Channels for the entire Commitment Period you agree that you will pay an early cancellation fee equal to t
29. ill be resolved only by binding arbitration The arbitration will be conducted under the Commercial Arbitration Rules of the American Arbitration Association that in effect as of the date these Terms were last updated and the parties agree to apply the Expedited Procedures set forth in those Commercial Arbitration Rules Commercial Arbitration Rules with Expedited Procedures referred to herein as AAA Rules The arbitration will also be conducted under the rules set forth in these Terms If there is a conflict between AAA Rules and the rules set forth in these Terms the rules set forth in these Terms will govern ARBITRATION MEANS THAT YOU WAIVE YOUR RIGHT TO A JURY TRIAL Unless the Claim exceeds 25 000 exclusive of interest and arbitration costs the dispute shall be resolved by submission of documents and there will be no hearing For arbitrations in which a hearing is held the arbitration hearing will be held in the city of your commercial establishment unless you and we both agree to another location or telephonic arbitration To start an arbitration you or we must do the following things 1 Write a Demand for Arbitration The demand must include a description of the Claim and the amount of damages sought to be recovered 2 Send three copies of the Demand for Arbitration plus the appropriate filing fee to American Arbitration Association Attn Case Filing Services 1101 Laurel Oak Road Suite 100 Voorhees NJ 08043 1 877 495 4185 and 3
30. in the Commitment Period you will refund to DIRECTV 1 250 and because you received the Discount for a full 12 months you will pay DIRECTV 1 800 2 00x75x12 1 800 Payment is due within thirty 30 days of receipt of a notice of failure to complete the Commitment Period If you fail to make payment DIRECTV may at its option a pursue legal remedies against Customer for and receive the total amount due and or b access the school and remove the DTV Receiving Equipment pursuant to the security interest granted below Customer agrees that it will pay all expenses e g attorneys fees incurred in connection with the enforcement of any remedies PAYMENT OF SUBSIDY AMOUNT Following activation of the Required Primary Channels if you are entitled to a Subsidy Amount DIRECTV will pay such Subsidy Amount to you by delivering the Subsidy Amount to the address on your Service subscriber account within 45 days of activation IF YOU PREFER HOWEVER DIRECTV CAN SEND THE SUBSIDY AMOUNT TO YOUR EQUIPMENT PROVIDER IF YOU WISH FOR DIRECTV TO DO SO INITIAL THE FOLLOWING BOX WISH FOR DIRECTV TO SEND PAYMENT OF SUBSIDY AMOUNT TO EQUIPMENT PROVIDER IF YOU WISH FOR US TO SEND PAYMENT TO THE EQUIPMENT PROVIDER YOU AGREE THAT WE ARE DOING THIS AT YOUR REQUEST AND IF YOU ARE REQUIRED TO PAY DIRECTV ANY PORTION OF THE SUBSIDY AMOUNT DIRECTV WILL LOOK TO YOU FOR PAYMENT College University Form 7 1 14 64355v3 Page 4 of 10 EQUIPMENT INSTA
31. ligations described below you are still responsible for payment of all outstanding balances You agree that all Services will be exhibited in entirety in original form and as provided by us without any modifications additions including the addition of a crawl line or deletions to any of the Services e Names and Marks You may not use any of our Marks without our prior written consent Marks means any trademarks symbols logos etc whether owned by DIRECTV or a third party s that are used in connection with or are otherwise associated with the Services DIRECTV may include the school s name and address and other commercially available information in customer lists and in marketing materials 2 PAYMENT In return for receiving our Service you promise to pay as follows a Programming Taxes and Fees You will pay in advance at our rates in effect at the time for all Service and DTV Receiving Equipment ordered by you or anyone who uses your DTV Receiving Equipment with or without your permission until the Service is canceled or your account is properly transferred If the Service is part of an offer through which you receive credits offsetting all or part of the Service price or DTV Receiving Equipment such credits are also paid in advance If you cancel the Service you are no longer entitled to receive the credits and we reserve the right to recoup pre paid credits The outstanding balance is due in full each month You may use a cre
32. ng Premium Services QPS are 1 Showtime Package 2 Starz Super Pack or 3 Encore see Rate Card for Qualifying Premium Service classification PROGRAMMING AND SUBSIDY COMMITMENT PERIOD You agree to subscribe to the Required Primary Channels and pay the appropriate programming fees for a period of not less than 5 years sixty 60 consecutive months from the date of activation the Commitment Period After you have fulfilled your Commitment Period you are not obligated to continue your subscription to the Service for any specific duration If you fail to maintain your subscription to the Required Primary Channels and pay the appropriate programming fees for the Required Primary Channels for the entire Commitment Period you agree that you will pay DIRECTV a a pro rata portion of the Subsidy Amount which shall be based on the number of months remaining in the Commitment Period when you ceased payment for the Required Primary Channels Subsidy Amount 60 which is the Commitment Period x number of months remaining in Commitment Period PLUS b the sum all of Discount s provided to you which shall be based on the number of months the school received the Discount when you ceased payment for the Required Primary Channels Discount amount x number of Subscriber Units x number of months school received the Discount For example if DIRECTV pays you a Subsidy Amount of 2 500 for 75 Units and you cease payment with thirty 30 months remaining
33. occupants the ability to see and record televised programs Third Party Content while in a Unit You understand that Third Party Content is the copyrighted material of the third party that supplies it is protected by copyright and other applicable laws and may not be reproduced published broadcast rewritten or redistributed without the written permission of the third party that supplied it except to the extent allowed under the fair use provisions of the U S copyright laws or comparable provisions of foreign laws You agree that DIRECTV will have no liability to you or anyone else who uses your DIRECTV DVR Service with regard to any Third Party Content If content recorded using the DIRECTV DVR Service is not automatically deleted when a guest or occupant vacates a Unit you agree to manually delete such content prior to occupancy by another guest or occupant You agree to indemnify defend and hold harmless DIRECTV from and against any and all claims damages liabilities and expenses arising from any failure to manually delete recorded content DIRECTV may from time to time change add or remove features of the DIRECTV DVR Service or change the service fee 7 LIMITS ON OUR RESPONSIBILITY a Service Interruptions and Warranty Disclaimer Service may be interrupted from time to time for a variety of reasons We are not responsible for any interruptions of Service due to acts of God power failure or any other cause beyond our reasonable
34. onsecutive months from the date of activation the Commitment Period After the Commitment Period you will be charged the per Unit rate in effect however you are not obligated to continue your subscription to the Service for any specific duration after the Commitment Period If you are a renewing customer and you fail to maintain your base package subscription and pay the associated programming fees for the entire Commitment Period you agree that you will be charged an early cancelation fee equal to the per Unit HBO or HBO Cinemax rate __ number of Units 0_ number of months you received HBO or HBO Cinemax programming at no charge TO ACCEPT A 3 YEAR OR 5 YEAR COMMITMENT PERIOD AND RECEIVE HBO OR HBO CINEMAX WITHIN YOUR PACKAGE SELECTION AT NO ADDITIONAL CHARGE PLEASE INITIAL ONE OF THE OPTIONS BELOW THIS EARLY CANCELLATION FEE IS IN ADDITION TO ANY OTHER FEES ASSOCIATED WITH OTHER DISCOUNTS OR OFFERS Initial One COMMITMENT PERIOD if not initialed default is 5 years 3 Years wish to subscribe to a base package for 3 years 5 Years I wish to subscribe to a base package for 5 years Initial One OTHER OFFERS ONLY 1 OTHER OFFER MAY BE SELECTED DIRECTV L amp I Package Discounts See DIRECTV Programming Commitment Terms and Conditions attached Five Year Commitment Period required Early cancellation fees may apply DIRECTV Equipment Subsidy Program See DIRECTV Hotel Premier Subsidy Terms and Conditions attached
35. r of DTV Receiving Equipment consisting of certain hardware and or software limited to qualifying COM1000 and COM2000 distribution systems required for a centralized distribution system the Distribution Equipment that can provide the Service to your school The Subsidy Amount is not available if you have Distribution Equipment using D12 receivers YOU UNDERSTAND AND AGREE THAT YOU WILL RECEIVE THE SUBSIDY AMOUNT AS PART OF YOUR SUBSCRIPTION TO THE SERVICE AND IF YOU DO NOT COMPLETE YOUR COMMITMENT PERIOD DEFINED BELOW THE APPLICABLE SUBSIDY AMOUNT MUST BE RETURNED TO DIRECTV IN ACCORDANCE WITH THESE TERMS YOU ALSO UNDERSTAND THAT YOU ARE ONLY ELIGIBLE TO RECEIVE THE SUBSIDY AMOUNT IF YOU APPLY IT TO DISTRIBUTION EQUIPMENT PURCHASED OR LEASED AFTER THE DATE OF THESE TERMS YOU WILL STILL BE CONSIDERED THE RECIPIENT EVEN IF YOU ELECT FOR THE EQUIPMENT SUBSIDY TO BE PROVIDED TO THE EQUIPMENT PROVIDER EQUIPMENT SUBSIDY PROGRAMMING REQUIREMENT AND DISCOUNT If you wish to receive the Equipment Subsidy Amount you must purchase or lease the DTV Receiving Equipment subscribe to the Required Primary Channels and initial the requested Subsidy Amount in the table below related to the number of Units at your school DIRECTV Service will be provided at the rates set forth on the Commercial Lodging amp Institutions Rate Card in effect from time to time the Rate Card which means all prices contained in these terms and conditions are subject
36. r any programming provider may prosecute violations of the foregoing against you and other responsible parties in any court of competent jurisdiction under the rules and regulations of the Federal Communications Commission and other applicable laws Certain programming including sports events may be blacked out or otherwise unavailable in your local reception area due to legal contractual or other restrictions Blackout restrictions are decided by the sports leagues and the other entities that own the local broadcast rights You may visit www directv com for more blackout information If you circumvent or attempt to circumvent any of these blackouts you may be subject to legal action d Your Viewing Restrictions Inspection It is your responsibility to impose any viewing restrictions on employees or guests as you think appropriate We are not responsible to you or anyone else based on the content of our programming Please visit www directv com for information on parental controls locks and limits on your account DIRECTV or its authorized agent shall have the right to inspect your DTV Receiving Equipment during your normal business hours upon reasonable prior notice and at no cost to you If we reasonably determine that you are in breach of any of these rules for use or of your obligations under these Terms we may immediately deactivate any or all Services provided to you If Services to you are so deactivated in addition to the indemnification ob
37. sequent owners Customer shall provide DIRECTV with written notice of any proposed sale transfer or conveyance of the school at least thirty 30 days prior to the scheduled closing To the extent a Guaranty Addendum is attached to these Terms Customer s payment and performance of the Obligations shall be absolutely unconditionally irrevocably and jointly and severally guaranteed by the persons or entities identified as guarantors therein You agree to pay DIRECTV a reasonable UCC filling and processing fee not to exceed 50 00 which amount may be billed by DIRECTV College University Form 7 1 14 64355v3 Page 5 of 10 DIRECTV HD RECEIVER SUBSIDY TERMS AND CONDITIONS These DIRECTV Receiver Subsidy Terms and Conditions set forth the additional terms and conditions of your receipt from DIRECTV of the Subsidy Amount as defined below in connection with your purchase or lease through an Authorized Retailer and or a Lodging amp Institutions equipment distributor an L amp l Distributor the party that provides Equipment shall be referred to herein as the Equipment Provider of DTV Receiving Equipment consisting of certain hardware and or software including qualifying COM1000 COM2000 and DIRECTV Residential Experience distribution systems required for a centralized distribution system the Distribution Equipment that can provide the Service to your shool YOU UNDERSTAND AND AGREE THAT YOU WILL RECEIVE THE SUBSIDY AMOUNT AS PAR
38. stinct from any term of an agreement between you and an Authorized Retailer and the termination of one shall not directly affect the other c Cancellation You may cancel Service by notifying us in writing including by email or facsimile In addition to cancelling in writing DIRECTV may accept cancellation requests over the phone however DIRECTV is not required hereunder to do so If your account remains active and you have only notified DIRECTV of cancellation over the phone you remain responsible for all fees accrued until you provide notice in writing Your notice becomes effective when received by us in writing You will still be responsible for payment of all fees accrued through that effective date In addition to any deactivation or change of service fees if you cancel Service or change your Service package you may be subject to an early cancellation fee if you agreed to a fixed term with DIRECTV in connection with the receipt of any promotional Service offer or the receipt of any DTV Receiving Equipment and fail to maintain the required Service for the required period of time We will not credit seasonal sports subscriptions after the season starts We may cancel Service at any time if you fail to pay amounts owing to us when due subject to any grace periods breach any other provision of these Terms or act abusively toward our staff In such case you will still be responsible for payment of all fees as described in Section 4 c We may also c
39. t any time during the Commitment Period without DIRECTV s prior written consent You agree DIRECTV s rights and interests are irrevocable and coupled with an interest such that the rights and obligations hereunder shall constitute covenants and restrictions running with the land binding and inuring to the benefit of all future owners of the school or of any interest in the school but notwithstanding any method of affixation or any applicable law relating to fixtures no portion of the DTV Receiving Equipment will be deemed a fixture of the school during the Commitment Period By accepting these Terms you grant DIRECTV a security interest in all DTV Receiving Equipment and all proceeds of them in any form to secure payment and performance of all of your obligations under these Terms By accepting these Terms you also agree to provide and you authorize DIRECTV to prepare and file such additional documentation as DIRECTV deems reasonably necessary to establish or perfect this security interest including without limitation financing statements Both parties intend that these Terms shall inure to the benefit of their respective assigns transferees successors in interest secured parties and collateral assignees and that it shall continue in full force and effect after any sale of the school and be binding on all subsequent owners Customer shall provide DIRECTV with written notice of any proposed sale transfer or conveyance of the school at least thirty
40. to change even if you receive a Discount for the Discount Period IN OTHER WORDS THE ACTUAL PER UNIT RATE FOR THE CHANNELS WILL INCREASE IF THE RATE ON THE RATE CARD INCREASES BUT THE DISCOUNT S WILL STILL APPLY If you wish to receive the Subsidy Amount under these Terms you must subscribe to the Required Primary Channels for the Commitment Period and if you subscribe for the entire Commitment Period in connection with your subscription you will receive the Discount for the Discount Period as set forth in the following table Initial One Number of Units Equipment Subsidy Required Primary Channels Per Unit f Discount Amount Rate Discount Period 60 79 1 500 80 99 2 250 100 199 2 500 2 00 Ultimate or Entertainment Plus 0 50 of 200 299 6 000 Locals See Rate Card Discount if 12 Months Any Qualifying Premium Service Showtime is included in the 300 399 9 500 QPS 400 499 13 000 500 17 000 YOU ARE ONLY ELIGIBLE TO RECEIVE A SUBSIDY AMOUNT IF YOUR SCHOOL IS AT LEAST 60 UNITS Please review the Rate Card for pricing and requirements Discount is based on bill credits applied in months 2 through 13 of your monthly subscription Final price does not include applicable sales tax Applicable taxes will be added monthly to your account To access DIRECTV HD programming the per Unit HD Access fee and HD equipment are required Qualifyi
41. to your school As between DIRECTV and Customer Customer shall be solely responsible for any and all costs associated with the installation and maintenance of the DTV Receiving Equipment Customer agrees that DIRECTV is not responsible to provide the installation maintenance or service on the DTV Receiving Equipment and any claims about installation maintenance service or breach of warranty will not eliminate your obligation to complete the Commitment Period Customer at its own expense shall provide and maintain for each item of DTV Receiving Equipment insurance against loss theft and damage in an insured amount equal to the full replacement value of such item of DTV Receiving Equipment WARRANTY LIMITATIONS AND SPARES YOU UNDERSTAND THAT ALL WARRANTY CLAIMS FOR THE DTV RECEIVING EQUIPMENT MUST BE HANDLED BETWEEN YOU AND THE EQUIPMENT PROVIDER DIRECTV MAKES NO WARRANTY EITHER EXPRESSED OR IMPLIED REGARDING THE DTV RECEIVING EQUIPMENT ALL SUCH WARRANTIES INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE EXPRESSLY EXCLUDED DIRECTV IS NOT RESPONSIBLE FOR ANY SPECIAL INCIDENTAL OR CONSEQUENTIAL DAMAGES RELATING TO THE EQUIPMENT OR SUBSIDY AMOUNT Please contact your Equipment Provider for specific warranty details PROTECTION AND OWNERSHIP OF EQUIPMENT AND GRANT OF SECURITY INTEREST You shall have no right to sell give away transfer remove or relocate the DTV Receiving Equipment a
42. your last known address and deposited in the U S Mail which may include inclusion in your billing statement or sent via Internet to the e mail address you provided us or sent via satellite to your DTV Receiving Equipment or delivered when a voice message is left at the telephone number on your account Unless otherwise required herein notices to us will be deemed given when we receive them at the address on the first page b Applicable Law The interpretation and enforcement of these Terms and any disputes with DIRECTV shall be governed by the rules and regulations of the Federal Communications Commission other applicable federal laws and the laws of the state and local area where Service is provided to you These Terms are subject to modification if required by such laws Notwithstanding the foregoing Section 8 shall be governed by the Federal Arbitration Act c Assignment We may assign your account or these Terms and all rights and or obligations hereunder to any third party without notice for any purpose including without limitation collection of unpaid amounts or in the event of an acquisition corporate reorganization merger or sale of substantially all assets to another entity You hereby consent to such assignment You must continue making all required payments to us in accordance with your billing statement unless notified otherwise You may not assign or transfer your Service DTV Receiving Equipment these Terms or any or your rights
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