| NGƯỜI VIỆT SATELLITE INC. Terms & Conditions |
| NGƯỜI VIỆT SATELLITE INC. AUTHORIZED DIRECTV DEALER |
| Người Việt Satellite is an Authorized Dealer for DIRECTV. By placing your order by phone or via the Internet with Người Việt Satellite (www.NguoivietSatellite.com), you are agreeing to the following terms and conditions governing your purchase of merchandise and/or services from Pacific Satellite. By placing your order, you are creating a legally binding contract with Pacific Satellite. If you do not agree to these terms, do not order from Pacific Satellite. 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. Warranty. Người Việt Satellite hereby disclaims all warranties, whether express or implied, including the warranties of merchantability and the warranty of fitness for a particular use. Người Việt Satellite 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 Người Việt Satellite be responsible for incidental or consequential damages arising by reason of your purchase of merchandise or services from Người Việt Satellite . Pacific Satellite's maximum aggregate liability to you arising by reason of this transaction shall be the amount paid by you to Pacific Satellite. Indemnity. You agree to indemnify and hold harmless Pacific Satellite 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 Người Việt Satellite by e-mail at sales@NguoiVietSatellite.com or toll-free at 1-888-202-2082. Notice will be deemed given when received by Pacific Satellite. Pacific Satellite will not be liable for problems caused by misdirected or undelivered e-mail. Người Việt Satellite 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 Pacific Satellite all costs, fees and expenses including reasonable attorney's fees. Use of Electronic Records. I agree to Người Việt Satellite '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 Người Việt Satellite . 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 Pacific Satellite's use of electronic records in court should it be necessary for Người Việt Satellite 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 PACIFIC SATELLITE, I HEREBY ACKNOWLEDGE THAT I HAVE READ THE ABOVE TERMS AND CONDITIONS, UNDERSTAND THEM, AND AGREE TO BE LEGALLY BOUND BY THEM. DIRECTV Programming Agreement ACTIVATION OF PROGRAMMING MAY BE SUBJECT TO CREDIT APPROVAL AND REQUIRES VALID SERVICE ADDRESS, SOCIAL SECURITY NUMBER AND/OR MAJOR CREDIT CARD. DEPOSIT OR PREPAYMENT MAY BE REQUIRED. HARDWARE OFFER: APPLICABLE TAXES NOT INCLUDED IN SYSTEM PRICE. Programming Commitment: Customers purchasing a DIRECTV Standard System agree to a 12-month programming commitment. Customers purchasing a DIRECTV HD, DIRECTV DVR, or DIRECTV HD DVR System agree to a 24-month programming commitment. Programming commitments require that a subscription to a qualifying programming package be maintained, uninterrupted, for the entire duration of the programming commitment. Programming Agreement: Within 30 days of purchase of your DIRECTV System equipment, you agree to activate any DIRECTV® TOTAL CHOICE® programming package (valued at $41.99 per month or above), any DIRECTV PARA TODOS® programming package (valued at $29.99 per month or above), Phoenix TV, or Jadeworld programming package. DIRECTV PROGRAMMING AND PRICING SUBJECT TO CHANGE AT ANY TIME. The programming package must be maintained for the period of your programming commitment, (without interruption) for each DIRECTV System purchased by you, including additional DIRECTV Receivers ($4.99 per month per additional receiver as long as all receivers are connected to the same phone line). After you have fulfilled your programming commitment to the required programming package, you are not obligated to continue your subscription to DIRECTV programming for any specific duration. Existing DIRECTV customers may activate additional receivers with their existing DIRECTV programming package. Delivery and Handling Fee: A $19.95 delivery and handling fee will be charged by DIRECTV for the purchase of your DIRECTV System equipment. Consequences of Your Failure to Maintain Agreement: If you fail to maintain and pay for your programming commitment, you agree that DIRECTV may charge you a prorated fee of up to three hundred U.S. dollars ($300.00); within 14 days of downgrading or disconnecting your programming, you have an option to send all of your DIRECTV System Equipment (receiver[s] and remote control[s]) to DIRECTV in lieu of this payment. The Equipment, including the Access Card inserted into each DIRECTV System Receiver unit, must be returned to DIRECTV in good working order, normal wear and tear excepted. See DIRECTV.com or call 1-800-DIRECTV for details. THIS PROGRAMMING AGREEMENT IS SEPARATE AND DIFFERENT FROM ANY OTHER ANNUAL AGREEMENT YOU MAY HAVE PREVIOUSLY MADE WITH DIRECTV AND IS FULLY ENFORCEABLE UNDER THESE TERMS. DIRECTV Customer Agreement: You hereby agree and acknowledge that this DIRECTV Programming Agreement sets forth additional terms and conditions regarding your receipt of DIRECTV programming and activation of access cards and shall be applied in conjunction with the DIRECTV Customer Agreement, a copy of which is provided at DIRECTV.com and with your first bill. Arbitration: You and DIRECTV agree that both parties will resolve any dispute arising under this Agreement through binding arbitration as set forth in the DIRECTV Customer Agreement. ©2005 DIRECTV, Inc. DIRECTV and the Cyclone Design logo, ADVANCED PROGRAM GUIDE, TOTAL CHOICE, OPCIÓN EXTRA, OPCIÓN ESPECIAL, OPCIÓN ULTRA ESPECIAL, OPCIÓN PREMIER, DIRECTV PARA TODOS, DIRECTV - THE GUIDE, are registered trademarks of DIRECTV, Inc. All other trademarks and service marks are the property of their respective owners. |
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