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Terms & Conditions

Terms and Conditions of Use

Welcome to OnTech Smart Services.  By using www.ontechsmartservices.com (the “OnTech Site”) and its related products, services, and software, you agree to be bound by these terms and conditions (the “Terms”).  You also accept and agree to be bound by the Terms when you create an account, make a purchase as a guest, or log into the OnTech Site.  We may make changes to the OnTech Site and the Terms at any time.  It is your responsibility to review the Terms for updates or changes.  If you do not agree to be bound by the Terms, you should not use the OnTech Site.  For the purpose of these Terms and related policies, “OnTech,” “we,” “us,” and “our” mean Dish Network Services L.L.C. (or, for services in California, Dish Network California Service Corporation or, for services in Puerto Rico, DISH Network Puerto Rico L.L.C.), Dish Network L.L.C., and Dish Network Corporation and their past and present direct and indirect subsidiaries, and the predecessors, successors and assigns of all of the foregoing persons and entities, and the past or present officers, directors, employees, partners, agents, attorneys, shareholders and legal representatives of all of the foregoing persons and entities.

  1. Use of the OnTech Site.

You may use the OnTech Site for your personal, noncommercial use only. You may not use the OnTech Site if you are under the age of 13.  If you are between the ages of 13 and 18, you may use the OnTech Site only with the permission and involvement of a parent or guardian.

 

  1. Privacy Policy.

Your use of the OnTech Site is subject to our Privacy Policy.  Please review the policy for more information on how we collect, store, and use information.

 

  1. Information on Our Site.

We try to be as accurate as possible with the information we present on the OnTech Site.  We will make reasonable efforts to accurately display the attributes of the products we sell.  We do not warrant that product descriptions or other content is accurate, complete, or error free. Prices and promotions are subject to change.  We cannot confirm the availability or price of a product until you place your order.  Despite our best efforts, sometimes a product on the OnTech Site may not be available, the offer may have been misstated, or a product may be mispriced.  For any of these reasons, we reserve the right to cancel your order and/or we may contact you for instructions on the order.

 

  1. Paying for Your Order.

We will charge your payment method when you click “Place Order.”  

 

  1. Your Order.

Your order constitutes an offer from you to purchase goods or services at the prices indicated.  Your offer to purchase your order is not accepted by us until you receive an order confirmation.  At any time after receipt of your order, we may accept, decline, or place quantity or other limits on your order for any reason.  We may impose these limits on a per-person, per-household, per-order, or any other reason.  If we reject, limit, or otherwise modify your order, we will attempt to notify you using the email address you provide to us.  If we cancel an order or part of an order that we have already charged you for, we’ll refund you the full amount of the canceled portion of the order consistent with our Returns & Exchanges Policy .

 

  1. Proprietary Rights.

All content included on or comprising the OnTech Site or any part thereof, including information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds and other material (collectively “Content”) is protected by copyright, trademark, patent or other proprietary rights, and these rights are valid and protected in all forms, media, and technologies existing now or developed in the future.  All Content is protected as a collective work under U.S. and international copyright laws, and we own, to the fullest extent allowed by such laws, the copyright in the selection, coordination, arrangement, and enhancement of all Content.  You may not remove or modify any copyright, trademark, or other proprietary notice contained in any Content you use, and you may not modify or alter the Content, copy or post the Content on any network computer, or broadcast the Content in any media.  You may not copy, scrape, frame, modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale, lease, or rental of, create derivative works from or in any way exploit any of the Content, in whole or in part.  The OnTech logos and other trademarks on the OnTech Site are the property of their respective owners and are owned by, licensed to, or, where required, used with permission by us and may not be reproduced, copies, or manipulated in any manner without the express, written approval of the trademark owner.

 

  1. User Generated Content.

You may interact with the OnTech Site in numerous ways, including but not limited to reviews, ratings, forums, and testimonials.  You hereby grant DISH a perpetual, irrevocable, royalty-free, transferable right and license to use, modify, reproduce, transmit, publish, display, delete, and distribute any information (except order information sent via email or phone) or materials you share with us throughout the world in any media currently existing or later developed.  When you share content to us, you will disclose any affiliation you have and you will not share anything that contains harmful computer code, references other websites, or is false, misleading, illegal, defamatory, libelous, hateful, racist, biased, threatening, or harassing.

 

  1. DISCLAIMERS AND LIMITATIONS OF LIABILITY.

DISH PROVIDES THE ONTECH SITE AND ALL INFORMATION, CONTENT, AND OTHER MATERIAL MADE AVAILABLE THROUGH THE ONTECH SITE ON AN “AS IS” AND “AS AVAILABLE” BASIS.  WE MAKE NO REPRESENTATIONS THAT THE ONTECH SITE WILL MEET YOUR REQUIREMENTS, OR THAT IT WILL BE UNINTERRUPTED, SECURE, OR ERROR FREE.

 

ANY WARRANTY ON ANY PRODUCT SOLD THROUGH OR ON THE ONTECH SITE IS PROVIDED BY THE MANUFACTURER OF THAT PRODUCT.  TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, DISH WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ATTRIBUTABLE TO YOUR USE OF THE ONTECH SITE OR ANY PRODUCT OR SERVICE PURCHASED THROUGH THE ONTECH SITE.  THE LIMITATIONS SET FORTH IN THIS SECTION WILL NOT LIMIT OR EXCLUDE LIABILITY FOR PERSONAL INJURY OR PROPERTY DAMAGE CAUSED BY PRODUCTS YOU PURCHASE THROUGH THE ONTECH SITE OR OUR GROSS NEGLIGENCE, INTENTIONAL, WILFULL, RECKLESS OR MALICIOUS CONDUCT, OR FRAUD.

 

  1. Links to Third-Party Websites.

The OnTech Site contains links to other sites operated by third parties (“Third-Party Sites”).  These links are available for your convenience and are intended only to enable access to these Third-Party Sites and for no other purpose.  We do not warrant or make any representation about the substance, quality, functionality, accuracy, fitness for a particular purpose, merchantability or any other representation about any Third-Party Site or its contents, products, or services.  A link to a Third-Party Site on the OnTech Site does not constitute our sponsorship, endorsement, approval, or responsibility for any Third-Party Site.  The conditions of use and privacy policy of any Third-Party Site may differ substantially from these Terms.  Please review the conditions of use for all Third-Party Sites for more information about the terms and conditions that apply to your use of Third-Party Sites.

 

  1. Export.

Certain products or other materials that you may obtain through the OnTech Site may be further subject to export controls.  You will comply with all applicable export or re-export restrictions, laws, and regulations, and you will not transfer, or encourage, assist, or authorize the transfer of any such regulated or controlled products or materials to a prohibited country or otherwise in violation of any restriction, law, or regulation.

 

  1. Security.

You are responsible for maintain the confidentiality of your account and password and for restricting access to your computer or device.  You agree to not share your account credentials with others.  You may use the OnTech Site only for lawful purposes.  Activities including, but not limited to, tampering with the OnTech Site, misrepresenting the identify of a user, and using buying agents or conducting fraudulent activities, on the OnTech Site are prohibited. 

 

You may not violate or attempt to violate the security of the OnTech Site, including by, without limitation, (a) accessing data not intended for you or logging on to a server or an account which you are not authorized to access; (b) using the OnTech Site for unintended purposes or trying to change the behavior of the OnTech Site; (c) attempting to probe, scan, or test the vulnerability of a system or network or breach security or authentications measures without proper authorization; (d) attempting to interfere with service to any user, host, or network, including, without limitation via means of submitting a virus to the OnTech Site, overloading, “flooding,” “spamming,” “mailbombing” or “crashing”; (e) forgoing any TCP/IP packet header or any part of the header information in any email or newsgroup posting; or (f) forging communications on behalf of us (impersonating us) or to the OnTech Site (impersonating as a legitimate user).  You may not send unsolicited or unauthorized email on behalf of us or the OnTech Site, including promotions and/or advertising of products or services.  We may prosecute you to the full extent of the law for any violation of these Terms.  You may not use any device, software, or routine or data to interfere or attempt to interfere with the proper working of the OnTech Site or any activity being conducted on the OnTech Site.  You may not use or attempt to use any engine, software, tool, agent, data, or other device or mechanism (including, without limitation, browsers, spiders, robots, avatars, or intelligent agents) to navigate or search the OnTech Site other than the search engine and search agents we provide and generally publicly available browsers.

 

  1. DISPUTE RESOLUTION.

Any and all disputes related to or arising from your use of the OnTech Site and any products or services ordered on the OnTech Site (“OnTech Disputes”) are subject to our Dispute & Resolution Policy.  Please carefully review our entire Dispute Resolution Policy, including the two provisions provided below, for more information on how we resolve OnTech Disputes and your related rights and obligations. 

 

  1. MANDATORY AND BINDING ARBITRATION. BY ACCEPTING THESE TERMS, YOU AND WE AGREE TO MANDATORY AND BINDING ARBITRATION TO RESOLVE ANY AND ALL DISPUTES RELATED TO OR ARISING FROM YOUR USE OF THE ONTECH SITE AND ANY PRODUCTS OR SERVICES ORDERED ON THE ONTECH SITE.  YOU AND WE UNDERSTAND AND ACKNOWLEDGE THAT BY AGREEING TO MANDATORY AND BINDING ARBITRATION, YOU AND WE HAVE WAIVED THE RIGHT TO A TRIAL BY JURY OR A TRIAL BY A JUDGE.

 

  1. CLASS ACTION WAIVER. BY ACCEPTING THESE TERMS, YOU AND WE ACKNOWLEDGE AND AGREE THAT YOU SHALL NOT BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER INDIVIDUALS OR ENTITIES, OR ARBITRATE ANY CLAIM IN A REPRESENTATIVE CAPACITY, INCLUDING, WITHOUT LIMITATION, AS A REPRESENTATIVE MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY, IN CONNECTION WITH ANY DISPUTE.

 

In the event that you do not wish to be bound by our Dispute Resolution Policy, then you must notify us in writing that you are exercising your right to opt out within thirty (30) days following the acceptance of these Terms for disputes related to or arising from your use of the OnTech Site or within thirty (30) days of placement of your order for disputes related to or arising from any products or services ordered on the OnTech Site.  If you wish to exercise your right to opt out, please follow the steps outlined in our Dispute & Resolution Policy .

 

  1. Applicable Law.

THE FEDERAL ARBITRATION ACT AND APPLICABLE FEDERAL LAW (OR IN THE ABSENCE OF APPLICABLE FEDERAL LAW, THEN THE LAWS OF THE STATE OF COLORADO), WITHOUT REGARD TO PRINCIPLES OF CONFLICT OF LAWS, WILL GOVERN THESE TERMS AND APPLY TO ANY DISPUTES OR CLAIMS BETWEEN YOU AND DISH.

 

  1. Termination of Use.

We may, in our sole discretion, terminate your account or your use of the OnTech Site at any time and for any reason.  You are personally liable for any orders that you place or charges that you incur prior to termination.  We may change, suspend, or discontinue all or any aspects of the OnTech Site at any time without prior notice.

 

  1. Recall Notification Disclaimer.

We expressly disclaim any and all responsibility to notify you of any future recalls issued for any products or devices purchased from the OnTech Site.  You acknowledge and agree that any potential, pending, or actual product or device recall notifications are entirely the responsibility of the manufacturer.

 

  1. Additional Terms and Policies.

The following additional terms and policies also govern your use of the OnTech Site and any products and services purchased on the OnTech Site and are incorporated by reference into the Terms.

  1. Privacy Policy
  2. On-Site Service Terms
  3. Returns & Exchanges Policy
  4. Dispute & Resolution Policy 

 

OnTech Plus Membership Terms and Conditions

In addition to the OnTech Site Terms, these OnTech Plus Membership Terms and Conditions (the “Membership Terms”) apply and govern your OnTech Plus Membership (“Membership”). By purchasing a Membership, you accept and agree to be bound by these Membership Terms. Our employees and agents have no authority to waiver or alter these Membership Terms, either orally or in writing.

  1. Purchase.

Your Membership begins when your payment method is charged and remains valid for one (1) calendar year.

  1. Membership Benefits.

All of the following Membership Benefits apply during the term of your Membership. Your Membership entitles you to receive one (1) OnTech installation service at no cost. This free installation service applies to any installation service available on the OnTech Site that is regularly priced at $129.99 USD. Your Membership also entitles you to receive 20% off services not eligible for the free service installation and 10% off the list price of all other products and installation services available on the OnTech Site (bundles excluded). In addition, you’ll also receive access to the OnTech Plus Smart Support Application (“Smart Support App”).

Membership benefits will not apply to bundles, or products and services offered on behalf of the following partners:

  • GoWireless
  • WeBoost
  • King OTA
  • SmartInsure
  • SoundUnited
  • Guardian by Elexa


    1. Smart Support App.

    You acknowledge that services provided through the Smart Support App are provided by a third party on our behalf. Access to the Smart Support App and related services may require your consent to additional terms and conditions (including an additional privacy policy). If you do not agree to these additional terms, you should not use the Smart Support App.

    1. Cancellation and Refund of Membership.

    You may cancel your Membership for a full refund within thirty (30) days of the purchase if none of your Membership Benefits have been used. After thirty (30) days following purchase or upon use of your Membership Benefits, your Membership is non-refundable.

    1. Reservation of Rights.

    We reserve the right to make changes to these Membership Terms, including the scope of services and products included in your Membership Benefits. Your Membership is for residential, non-commercial use only and the resale of discounted products is expressly prohibited. We reserve the right to cancel any product order, installation appointment and/or your Membership in the event of violation or suspected violation of the foregoing restrictions. It is your responsibility to review the Membership Terms for updates and changes.

     

    Smart Home Advisor Terms & Conditions

    Smart Home Advisor is a 1 hour consultation with a technician on site. Smart Home Advisor appointments are non-refundable once the technician has started the appointment on site. A credit of $49.99 will be applied towards the purchase made in the home. A 24 hour cancellation notice prior to the scheduled appointment is required to receive a full refund.

     

     

    Smart Home Diagnostics Terms & Conditions

    Smart Home Diagnostic include, but are not limited to, troubleshooting for doorbells, thermostats, cameras, security systems, door locks and home WIFI. Smart Home Diagnostics may include recommending, but not providing, next steps for repairs, replacements and/or modifications. Smart Home Diagnostic service is charged per hour and is non-refundable once the technician on-site begins appointment. After the first hour of diagnostic service an additional $94.99 per hour will charged.  Resolution of the issue is not guaranteed.  Diagnostic services do not include HVAC repairs or replacements, electrical modifications, ethernet wire pulling or cable modifications, security system cameras or life safety devices such as smoke and CO alarms, repair of faulty wired sensors, door handle installation or repairs, initial WIFI setup, running new ethernet, replacement router and/or parts.  Products, installations and other connectivity setups must be purchased separately. Full refunds on diagnostic services are only issued upon a 24 cancellation notice. 

     

    OnTech E-Gift Cards

    E-Gift Cards are available for purchase amounts of $50-$500. All gift card sales are final and non-refundable unless required by applicable law.

     

     ONTECH ON-SITE SERVICE TERMS:

    These OnTech On-Site Service Terms (the “Service Terms”) apply to all on-site services, including but not limited to delivery, installation, setup, configuration, and repair (the “Service(s)”), purchased on the OnTech Site or performed by us, our affiliates or subsidiaries, and our third-party providers performing Services on our behalf.  By ordering, purchasing, or receiving Services, you accept and agree to be bound by these Service Terms.  Our employees and agents have no authority to alter these Service Terms, either orally or in writing.

    OnTech On-Site Service Agreement (PDF)

    Access and Workspace Conditions.  We require access to the Service location and all Service-related products, your cooperation, and electrical power in order to complete the Service(s).  Some Services may not be performed if minimum requirements are not met or if technical issues are encountered (such as wiring issues or defects, or physical or technical barriers).  You are responsible for moving/removing furniture in the Service area, as well as any valuables prior to our arrival.  Service may be denied if no adult is present when we arrive for the Service appointment or we determine we do not have appropriate authorization or cooperation from those present at the Service location.  If our ability to perform or complete the Service is impaired by you or circumstances beyond our control, we may elect to not provide the Service(s). 

    Adult Consent and Authorization.  An adult at least 18 years old with a valid, government issued photo ID must be present during the Service appointment to authorize and approve all work completed.  By agreeing to receive Service(s), you authorize us to perform the requested Service(s) and you represent that you either have the right to authorize the performance of the Service(s) and that you have obtained any additional and necessary authorizations (e.g., from a landlord or homeowner’s association as applicable). 

    Cable/Satellite/Internet.  Cable/satellite/internet installation and set-up should be completed prior to Service appointment so we can ensure proper configuration and integration of the product and/or Service(s).  We are not responsible for signal or connection strength or degradation due to faulty equipment or lines. 

    Delays.  We will try to complete the Service(s) as quickly as possible while ensuring the Service(s) is performed as safely and to as high a standard as possible. However, we are not responsible for delays in Service completion caused by factors beyond our control.

    DISCLAIMERS AND LIMITATIONS OF LIABILITY.  TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, (1) EXCEPT FOR THE SERVICE WARRANTY PROVIDED IN THESE SERVICE TERMS, WE MAKE NO AFFIRMATIVE WARRANTIES AND GRANT ONLY THOSE WARRANITES IMPLIED BY LAW THAT CANNOT BE EXCLUDED BY CONTRACT UNDER STATE LAW; AND (2) WE ARE NOT LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES – INCLUDING BUT NOT LIMITED TO: LOSS OF USE, LOST PROFITS/BUSINESS, DATA LOSS OR CORRUPTION, OR OTHER INTANGIBLE DAMAGES ARISING FROM THE SERVICE.  THESE LIMITATIONS DO NOT LIMIT OR EXCLUDE LIABILITY FOR GROSS NEGLIENCE, INTENTIONAL MISCONDUCT, OR FRAUD.

    DISPUTE RESOLUTION POLICY.  Any and all disputes related to or arising from your use of the OnTech Site and any products or services ordered on the OnTech Site (“OnTech Disputes”) are subject to our Dispute & Resolution Policy .  Please carefully review our entire Dispute Resolution Policy, including the two provisions provided below, for more information on how we resolve OnTech Disputes and your related rights and obligations. 

     

    1. MANDATORY AND BINDING ARBITRATION. BY ACCEPTING THESE TERMS, YOU AND WE AGREE TO MANDATORY AND BINDING ARBITRATION TO RESOLVE ANY AND ALL DISPUTES RELATED TO OR ARISING FROM YOUR USE OF THE ONTECH SITE AND ANY PRODUCTS OR SERVICES ORDERED ON THE ONTECH SITE.  YOU AND WE UNDERSTAND AND ACKNOWLEDGE THAT BY AGREEING TO MANDATORY AND BINDING ARBITRATION, YOU AND WE HAVE WAIVED THE RIGHT TO A TRIAL BY JURY OR A TRIAL BY A JUDGE.

     

    1. CLASS ACTION WAIVER. BY ACCEPTING THESE TERMS, YOU AND WE ACKNOWLEDGE AND AGREE THAT YOU SHALL NOT BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER INDIVIDUALS OR ENTITIES, OR ARBITRATE ANY CLAIM IN A REPRESENTATIVE CAPACITY, INCLUDING, WITHOUT LIMITATION, AS A REPRESENTATIVE MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY, IN CONNECTION WITH ANY DISPUTE.

     

    In the event that you do not wish to be bound by our Dispute Resolution Policy, then you must notify us in writing that you are exercising your right to opt out within thirty (30) days following the acceptance of these Terms for disputes related to or arising from your use of the OnTech Site or within thirty (30) days of placement of your order for disputes related to or arising from any products or services ordered on the OnTech Site.  If you wish to exercise your right to opt out, please follow the steps outlined in our Dispute & Resolution Policy .

    Labor Only.  Except where specifically stated, parts and accessories, including but not limited to cables, cords, etc., are not included.  Labor beyond the scope of work for the Service, which we may not be able to perform, may incur an additional charge.

    Nonrefundable Charges.  Service fees, costs, and charges are nonrefundable once Service begins.

    PC/Tablet/Smart Phone Access and Use.  Some Services may require access to your PC, tablet, or smart phone.  We may use tools we deem necessary for diagnostics and repair, including remote access.  We may install software that allows you to obtain additional technology services or functionality.  For software installations, you authorize us to and agree that we may accept End User License Agreements on your behalf. 

    Pets.  We require that you safely and comfortably secure any and all pets prior to and during the duration of the Service appointment.

    Phone Calls and Texting.  You authorize us and our affiliates and third-party representatives, to contact you: (i) regarding your account, your order status, scheduling Service appointments, Service requirements, and follow-up after or regarding your Service appointment; (ii) to recover any unpaid portion of any obligation to us or our affiliates; and/or (iii) for any other purpose not prohibited by applicable law.  In each case, such contact may be made by any means not prohibited by applicable law (including, without limitation, an automated dialing or prerecorded messaging system) at the telephone number(s) that you provide to us, including, without limitation, any mobile telephone number(s). You acknowledge and agree that you do not need to provide a mobile telephone number to receive Services.  For the avoidance of doubt, with respect to any land-based telephone number(s) that you provide to us, you acknowledge and agree that we and our affiliates and third-party representatives, may contact you by any means not prohibited by applicable law (including, without limitation, an automated dialing or prerecorded messaging system) with offers, solicitations and promotions, except as prohibited by applicable law.  Voice and data rates apply.

    Photos and Videos.  In situations where it is necessary or warranted, we may take, transit, store, and use photos and/or video of your product(s) (including its contents, connected products, accessories, and surroundings) for Service, Service Warranty, and/or quality assurance purposes.

    Plaster.  Services involving installation or work on plaster surfaces may result in cracking or chipping.  While we will take all reasonable efforts to prevent or minimize that possibility, we are not responsible for any cracking or chipping that may occur as a result of the Service(s).

    Safety.  We require a safe working environment and reserve the right to refuse or reschedule Service(s) due to conditions we deem dangerous, unsafe, or hazardous, including, but not limited to, possible code violations, extreme temperatures, natural disasters, or other hazards – real or perceived.

    Service Appointments.  Service appointments are scheduled at the time you place your order.  During the service appointment, the OnTech technician will deliver your product or device (unless you did not order the product or device on our OnTech Site at the time you ordered the Service), install, set-up, and configure your device, and show you how to use the product or device, as well as any related features and applications.  Prior to your scheduled service appointment, OnTech will contact you: (i) the day before your service appointment; (ii) the morning of your service appointment; and (iii) one (1) hour before the estimated arrival window of your service appointment. 

    Service Changes, Cancellations, and Fees.  Once your order is placed, you may only make Service changes, Service appointment changes, and cancellations by phone at: 1-833-ONTECH1 (668-3241).  For Service cancellations or to reschedule your Service appointment, please contact us at least twelve (12) hours prior to your Service appointment.  If you fail to cancel your Service appointment prior to OnTech’s arrival for your Service appointment or no adult is present at the Service location, you may be charged a $35 USD “Failed Service Appointment Fee” to the payment information on file with us.

    Service Warranty.  We provide a 60-day workmanship warranty on the Service(s) following the Service Date.  In the event that you (i) notify OnTech of a defect in workmanship in the Services within sixty (60) days following the Service Date and (ii) we confirm the existence of such defect of workmanship, then we will correct such defect in workmanship.  This Service Warranty: (a) does not apply to any defects resulting, in whole or in part, from your or third-party acts or omissions (including, without limitation, abuse or misuse of the product or devices); (b) does not apply to any products or devices (including, without limitation, any defects in the products or devices); and (c) is non-transferable.  OnTech also provides you with technical support regarding the Services via telephone.  In the event that OnTech is unable to solve a technical problem regarding the Services over the telephone, then you may request that we schedule a technician visit.  We may charge a fee for such visit in the event that the Services are not covered by the Service Warranty.  For technical support or to notify OnTech of a defect in workmanship of the Services, please call: 1-833-ONTECH1 (668-3241).

    Your Data and Software.  You are solely responsible for backing up any data and software on your product or removing any media (e.g., memory card) prior to Service.  We will NOT back up any data or software and we are not responsible for the loss, alteration, or corruption of any data, software, or lost media.  We may request your user name and password for your product in order to perform the Service.  You agree to change all product passwords after the Service is complete and you release us from any claims, losses, or damages resulting from the failure to do so.

    YOU ACKNOWLEDGE AND AGREE THAT ANY BREACH OR VIOLATION OF THESE SERVICE TERMS AT ANY TIME PRIOR TO THE COMPLETION OF THE SERVICE(S) MAY RESULT IN THE CANCELLATION OF YOUR SERVICE APPOINTMENT OR THE REFUSAL TO PERFORM OR, IN INSTANCES WHERE THE SERVICE(S) ARE NOT YET COMPLETED, CONTINUE PERFORMING THE SERVICE(S).

     

    RETURNS AND REFUNDS POLICY:

    This Returns and Refunds Policy applies to all products, devices, and installation services ordered from the OnTech Site.

    Returns Period.  We offer a 30-day return period for all products and devices purchased on the OnTech Site or during an OnTech On-Site Service Appointment.  You have 30 days from date of purchase to initiate a return.  Once your return has been initiated, you will have an additional 30 days to package and ship your products or devices back to us.

    Returns Process.  To initiate a return, login to your account on the OnTech Site and select the product(s) or device(s) you want to return.  We will cover the shipping costs for returns initiated within the 30-day return period.

    Returns Eligibility.  To be eligible for a refund, all products or devices must be returned in their original condition and include the original packaging, plus any associated cables and documentation.  We do not accept returns for products or devices that were sold as part of a bundle, unless the full bundle is returned complete. We also do not accept returns for products or devices that were sold as part of a Gift With Purchase promotion, unless all components of the Gift With Purchase promotion are returned as well (some exclusions apply). 

    Refund Policy.  Refunds will only cover the price of the original product(s) or device(s) and any associated taxes. If you request a cancellation and refund for: i) any product prior to shipment, or ii) installation service prior to the day of your service appointment, we will initiate your refund immediately. For installations we are unable to complete on the day of your appointment, we will initiate your refund 14 days after your original appointment date. You may contact us at 833-Ontech1 to schedule a new appointment date or to request initiation of your refund prior to the expiration of the 14 day window. Shipping fees are non-refundable.

    OnTech Smart Services L.L.C. Terms of Use - Dispute Resolution Provision

    DISPUTE RESOLUTION, MANDATORY AND BINDING ARBITRATION AND CLASS ACTION WAIVER (THE “ARBITRATION PROVISION”)

    BEFORE WE GET STARTED, YOU SHOULD KNOW THAT AN ARBITRATION PROVISION AND CLASS ACTION WAIVER APPLIES TO THIS AGREEMENT. IF WE CAN'T WORK OUT A DISPUTE WITH YOU, THIS AGREEMENT REQUIRES ARBITRATION OR SMALL CLAIMS COURT AND DOESN'T ALLOW CLASS ACTIONS. YOU'LL HAVE TO WAIVE YOUR ABILITY TO BRING A CLASS ACTION, OR TO HAVE A TRIAL BY JURY.

    Mandatory Binding Arbitration. If you and OnTech have a Dispute (as defined below), OnTech will first try to resolve it informally with you. If we can't, then you and OnTech agree to resolve the Dispute either through binding arbitration or in small claims court, instead of courts of general jurisdiction (i.e. courts other than small claims courts), unless the Dispute is covered by one of the few exceptions we describe below, under “Exceptions.” You acknowledge and agree that, if you or OnTech start an action in small claims court to resolve a Dispute, but the small claims court can't resolve the Dispute for any reason (for example, if it does not have jurisdiction over the claim), then the Dispute can only be resolved by arbitration. Arbitration means that you and OnTech will have a hearing before a neutral arbitrator rather than before a judge or jury in a court. The arbitrator is the person who will oversee and decide the Dispute. Arbitrators can award the same remedies that a court can award. In arbitration, discovery (where you and OnTech get to ask each other for information about a dispute) is limited, and decisions made by arbitrators are final and only subject to limited review by courts.

    BY ENTERING INTO THIS AGREEMENT, YOU AND ONTECH ARE EACH AGREEING TO WAIVE THE RIGHT TO A TRIAL BY JURY OR BY A JUDGE (OTHER THAN IN SMALL CLAIMS COURT), EXCEPT WHERE PROHIBITED OR OTHERWISE PROVIDED IN THIS AGREEMENT.

    You and OnTech both agree that the Federal Arbitration Act (the “FAA”) governs this Arbitration Provision. You still have the right to bring any concerns you may have to the attention of federal, state or local agencies (for example, the Federal Communications Commission) and if the law allows, those agencies can seek relief against us on your behalf.

    Dispute Defined. When we use the term “Dispute” (with the capital D), it means any and all claims, disputes, or disagreements you and OnTech currently have, might have in the future, or had in the past. A Dispute can be about anything related to our Services, and can involve Terms of Use, Promotional Terms, any type of law (such as a statute, regulation or ordinance), tort (examples are fraud, misrepresentation, fraudulent inducement, negligence or any other intentional tort) or anything else that courts or arbitrators have the authority to decide. Whether the Arbitration Provision is valid or enforceable, and what it covers, is one type of Dispute. “Dispute” should be interpreted as broadly as is allowed. Some other examples of what a Dispute might be based on are:

    1. OnTech Terms and Conditions, OnTech On-Site Service Terms, and Promotion Agreement(s) between you and us,
    2. OnTech Smart Home Protect, OnTech+;
    3. OnTech's services (including, without limitation, Services);
    4. OnTech's devices or products (including, without limitation, Equipment);
    5. Billing, collection and credit reporting;
    6. Telephone calls, texts, faxes and emails from OnTech and/or a party acting or claiming to act for us; and/or
    7. OnTech's or our agents' collection, retention and/or disclosure of your personally identifiable information.

     

    For purposes of this Arbitration Provision, any reference to “OnTech” includes OnTech Network L.L.C., EchoStar Corporation, and any of its direct and indirect subsidiaries, past or present.

    Informal Dispute Resolution; Notice and Opportunity to Resolve. Before starting an arbitration or small claims matter, you and OnTech both agree to try to resolve any Dispute informally (“Informal Process”). This means that neither you nor OnTech is allowed to start arbitration or an action in small claims court for at least sixty (60) days after you or OnTech give notice of a Dispute to the other. Either you or OnTech may start the Informal Process to resolve a dispute by sending the other a written document titled a “Dispute Resolution Notice.” A Dispute Resolution Notice must include the following information in a declaration, signed under penalty of perjury:

    1. Your name and identity, OnTech account number, and contact information;
    2. A factual description of every disputed transaction (date, amount, and transaction type) and/or event (date, location, and individuals involved) that the dispute is about;
    3. An itemized calculation of all alleged damages; and
    4. How the party giving the Dispute Resolution Notice wants to resolve the Dispute.

     

    You must send your Dispute Resolution Notice to: OnTech Smart Services L.L.C., Attn: Office of the General Counsel, 9601 South Meridian Boulevard, Englewood, Colorado 80112 (“Legal Dispute Notice Address”). We must send our Dispute Resolution Notice to the address we have for you in our records when we sent it. If you and OnTech can't resolve the Dispute within sixty (60) days after the Dispute Resolution Notice is received, then either you or OnTech have the right to start binding arbitration or begin an action in small claims court, according to the procedures explained in this Arbitration Provision.

    As a condition precedent to arbitration or small claims proceedings, the claimant must personally participate in an individualized good-faith dispute-resolution conference by telephone or videoconference with OnTech and may be accompanied by counsel. Counsel's participation alone does not satisfy this requirement.

    Arbitration Procedures. This paragraph explains how you and OnTech participate in an arbitration to resolve a Dispute. Unless you and OnTech agree to different procedures in writing, the Consumer Arbitration Rules (the “AAA Rules”) of the American Arbitration Association (“AAA”) will apply (except that any rules for class or collective actions will not apply). For Disputes filed as part of a Mass Arbitration (as defined below), the AAA Mass Arbitration Supplemental Rules shall also apply. If there is a conflict between the applicable AAA rules and procedures and this Arbitration Provision, this Arbitration Provision will control.

    The AAA will run the arbitration process, and a single, neutral “Merits Arbitrator” will be in charge of the Dispute, except that a “Process Arbitrator” shall be appointed for Mass Arbitrations described below. The AAA Rules are available online at the AAA's website (as of May 28, 2024, www.adr.org/rules). If you prefer, we will give you a copy of the AAA Rules if you make a written request to OnTech Network L.L.C., Attn: Dispute Resolution, 9601 South Meridian Boulevard, Englewood, Colorado 80112. In the event that the AAA is unable to handle the Claim for any reason, then the matter shall be arbitrated instead by a neutral arbitrator selected by agreement of the parties (or, if the parties cannot agree, selected by a court in accordance with the FAA), pursuant to the AAA rules of procedure.

    Authority of the Arbitrator. You and we agree that, upon motion by either party, any arbitrator shall have the power to decide dispositive issues of law prior to a full merits hearing, consistent with Federal Rules of Civil Procedure 12 and 56, and will decide the Claim in accordance with all applicable substantive law and recognized principles of equity. The arbitrator will determine whether the claimant has completed the steps necessary to initiate the suit. The arbitrator will construe the Claim under the applicable statutes of limitations provided for under the governing law. The arbitrator will honor all claims of privilege recognized by law. The arbitrator will have the power to award to a party any damages or relief as permitted by the law and the Agreement between you and us (including the limitations set forth above). In addition, the arbitrator is authorized to afford any relief or impose any sanctions available under Federal Rule of Civil Procedure 11, 28 U.S.C. § 1927, or any applicable state law on represented parties and their counsel. If the arbitrator finds that either the substance of your or our Claim or the relief sought was frivolous, without sufficient reasonable inquiry and/or a good faith basis, or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b), and/or under 28 U.S.C. § 1927), the arbitrator may reallocate compensation, expenses, and administrative fees (which include filing and hearing fees) as justice requires, and as permitted by applicable law.

    Arbitration Demand Filing Requirements. The party who decides to start arbitration must open a case by filing a “Demand for Arbitration” with the AAA. To start arbitration, the requesting party must:

    1. Make a demand in writing for arbitration;
    2. Pay the administrative filing fee; and
    3. Give the AAA a copy of this Arbitration Provision.

     

    In addition to the requirements set forth in the AAA rules, you agree that upon commencing a case with the AAA, you will provide:

    1. Your name, full account number, mailing address, telephone number, email address;
    2. A factual description of every disputed transaction for which you seek compensation (date, amount, and transaction type) and/or event (date, location, and individuals involved), explanation of the basis of your Claim;
    3. An itemized calculation of all alleged damages; and
    4. If represented by counsel, a signed statement authorizing us to share information regarding your account and the Claim with them. You must personally sign the demand for arbitration (and your counsel must also sign the demand, if you are represented by counsel).

     

    You agree and understand that failure to provide this information may result in dismissal of your Claim, though you have the right to refile once you provide the information described in this section.

    This process can be completed using an “AAA WebFile” (you can find this on the AAA's website (www.adr.org)), or at any AAA office, even if the hearing will not be in that location. By submitting an arbitration demand, you (and your counsel, if you are represented) represent that, as in court, you are complying with the requirements of Federal Rule of Civil Procedure 11(b).

    The arbitration will take place in the county where your billing address is located (according to our records on the date the Dispute Resolution Notice is sent). However, you and OnTech can instead agree, or the arbitrator can order, that the arbitration will: happen at a different location; be remote, using video or telephones; or be based only on things you and OnTech submit in writing. The arbitrator will be bound by the terms of The Deal, including this Arbitration Provision. The arbitrator, and not any agency or court, will make the decisions about the Dispute.

    The Arbitrator's Decision (aka The Arbitrator's Award). The arbitrator's decision will resolve each of the Disputes presented by the Demand for Arbitration (including things such as the amount one side has to pay the other, and things one side might have to do, etc.) and explain in writing his or her important findings and conclusions. The arbitrator's decision is a final and binding resolution of the Disputes between you and us, but shall not be binding on OnTech with regard to any other OnTech customer. If you or OnTech ask a court to review the decision, the court's ability to review is limited. An Award by the arbitrator can be filed with any court with jurisdiction (which means the legal power of a court to review the Arbitrator's decision), in order to enforce the award.

    Costs of Arbitration. Each party will be responsible for the arbitration fees as allocated by the applicable AAA rules (www.adr.org). However, in the event that a Dispute is filed as part of a Mass Arbitration, to the extent permitted by the applicable AAA rules and fee schedules, no AAA per-case fee (including filing, case management, merits arbitrator appointment fees, or arbitrator fees) shall be assessed or due until the conclusion of the Process Arbitrator's review and the selection of the case for an individual merits hearing.

    Mass Arbitration

    You agree that these additional requirements (“Mass Arbitration Procedures”) shall apply to your Claim if it is filed as part of a “mass arbitration,” which means twenty-five (25) or more arbitration claims involving the same or similar subject matter and/or issues of law or fact, and where representation of all claimants is the same or coordinated across the cases. You understand and agree that these procedures related to mass arbitrations will apply and that they are designed to (a) lead to the streamlined and cost-effective resolution of claims, consistent with the goal of this arbitration agreement; (b) ensure that large volume filings do not impose unnecessary burdens or impediments to the resolution and cost-effective adjudication of your Claim and similar claims; and (c) preserve the integrity of the arbitration process. You agree to these procedures even though they may delay the arbitration of your individual Claim. If at any point you are unsatisfied with the speed by which your matter is proceeding in mass arbitration, you are free to withdraw your arbitration demand and proceed in small claims court if the Claim is in that court's jurisdiction and proceeds on an individual basis.

    1. Process Arbitrator Appointment. In addition to the authority outlined in the AAA Mass Arbitration Supplementary Rules, the parties agree that the Process Arbitrator shall be empowered to resolve any dispute regarding whether your Claim should be dismissed because, for example, you failed to comply with the Mass Arbitration Filing Requirements, any other requirements outlined in this Agreement, or as permitted under the Federal Rules of Civil Procedure, including Federal Rule of Civil Procedure 12. You agree that if the Process Arbitrator finds that you failed to comply with any requirement, your Claim will be dismissed, without prejudice to refiling once the deficiencies are remedied. The Process Arbitrator will also have the power to decide whether, based on the Demand for Arbitration and supporting information submitted pursuant to the Arbitration Demand Filing Requirements above, there are other threshold eligibility issues for your Claim to proceed, including but not limited to whether you had an account with us, experienced the transaction, fee, or event at issue, or otherwise cannot pursue your Claim due to a clear legal or factual deficiency, and to dismiss your Claim as appropriate. The Process Arbitrator shall have the power to determine whether or not a given dispute regarding these Mass Arbitration Filing Requirements and/or Procedures are within the Process Arbitrator's jurisdiction. The Process Arbitrator shall be authorized to afford any relief or impose any sanctions available under Federal Rule of Civil Procedure 11, 28 U.S.C. §1927, or any applicable state law.
    2. Mass Arbitration Procedure. Following the resolution of any disputes within the jurisdiction of the Process Arbitrator, if any, counsel for the claimants and our counsel shall each select fifteen (15) cases (per side) to proceed first in individual arbitration proceedings on the merits of each claim. Unless the parties otherwise agree, in no event shall any individual Merits Arbitrator be assigned more than five (5) cases. The parties agree that each side shall have the right to have fifteen (15) cases of their choosing proceed to final hearing, which shall occur within ninety (90) days of the selection of the cases (unless the parties agree to a different time period), before the process described in this section moves forward. After the first thirty (30) cases are resolved, counsel will meet and confer regarding ways to improve the efficiency of the proceedings, including whether to pursue settlement discussions or mediation or to change the number of cases filed in each stage. If the parties are unable to resolve the remaining cases after the conclusion of the initial thirty (30) proceedings and after conferring in good faith, each side shall select another fifteen (15) cases per side to proceed to individual arbitration proceedings, which shall occur within ninety (90) days of the selection of the cases (unless the parties agree to a different time period). Each of these thirty (30) cases shall be assigned to a different Merits Arbitrator, though if the parties otherwise agree, a single Merits Arbitrator may be assigned up to five (5) cases. After this second set of thirty (30) cases is resolved, counsel will again meet and confer regarding ways to improve the efficiency of the proceedings, including whether to pursue settlement discussions or mediation or change the number of cases filed in each stage. If the parties do not reach a global resolution after the second set of cases is resolved, on either party's motion, the Process Arbitrator can decide to expedite the proceedings by forgoing more rounds of case selection and instead assigning Merits Arbitrators to all of the remaining cases at once. If no motion is made, this Mass Arbitration Procedure shall continue with thirty (30) cases in each set of proceedings, consistent with the parameters identified above. You and we agree to engage in these Mass Arbitration Procedures in good faith, which includes an agreement to pay the parties' respective case fee if your case is selected. Any dispute regarding any aspect of the specific Mass Arbitration Procedures outlined in this section shall be resolved by the Process Arbitrator.
    3. Mass Arbitration Fees. No AAA per case fee shall be assessed in connection with any case until the case is selected to proceed to individual arbitration proceedings as part of the process identified in this section.
    4. Interpretation and Enforcement of Mass Arbitration Procedures. Any dispute regarding the interpretation or enforcement of these Mass Arbitration Procedures shall be decided by the Process Arbitrator or, in cases that have been released to merits proceedings, the Merits Arbitrator. If any terms of these Mass Arbitration Procedures are found to be legally unenforceable for any reason, then the proceedings shall otherwise continue in arbitration in accordance with AAA's Mass Arbitration Supplementary Rules.

     

    Class Action Waiver. All Disputes between you and OnTech must be resolved on an individual basis. Except as otherwise specified herein, you and OnTech agree that all Disputes between you and OnTech will be litigated in small claims court individually or arbitrated individually.

    NEITHER YOU NOR ONTECH SHALL BE ENTITLED TO JOIN OR COMBINE CLAIMS MADE BY, OR AGAINST, OTHER PEOPLE OR OTHER ENTITIES, OR BRING A CLAIM AS A REPRESENTATIVE, INCLUDING BUT NOT LIMITED TO, AS PART OF A CLASS ACTION OR AS A “PRIVATE ATTORNEY GENERAL” FOR ANY DISPUTE.

    Additionally, unless both you and OnTech agree in writing:

    1. the arbitrator may not combine any dispute with other claims, and
    2. the arbitrator may not preside over any kind of representative or class action.

     

    Enforcement of Arbitration Provision. If any of this Arbitration Provision is found to be unenforceable, then, except for choice of law and informal dispute resolution provisions, this entire Arbitration Provision is null and void.

    Either party may seek relief in court to enforce the Informal Process, the filing requirements, the Mass Arbitration Procedures, the small-claims election, and any stay or suspension required by this Arbitration Provision. Seeking such relief shall not waive the right to arbitrate any issue otherwise subject to arbitration.

    Small Claims. As noted above, either you or OnTech may choose to have appropriate Disputes against each other resolved in small claims court, if the Dispute falls within the applicable small claims court's jurisdiction and does not fall within an exception identified in this Arbitration Provision. A small claims court includes any court designated as small claims, or any similar court of limited jurisdiction in which claims are only resolved on an individual basis. Either you or OnTech may elect to have an eligible Dispute resolved in small claims court by filing their claim in the small claims court or, after the other party has filed a claim in arbitration, by sending written notice to the other party and the AAA of this election within fifteen (15) days after receipt of notice of an arbitration, in which case the arbitration-filing party must re-file in small claims court in order to pursue the claim. In the event that there is any disagreement between you and OnTech concerning whether the Dispute is within the jurisdiction of the small claims court, only the small claims court (and not an arbitrator or an arbitration administrator) may resolve that disagreement. If the small claims court determines that it lacks jurisdiction to hear the Dispute, then the Dispute shall be submitted to arbitration in accordance with the terms of this Arbitration Provision, unless the Dispute falls within an exception identified in this Arbitration Provision. If the small claims court determines that it has jurisdiction over part of that Dispute, then that part shall first be resolved in small claims court, and any remaining issues in the Dispute shall be resolved thereafter in accordance with the terms of this Arbitration Provision. After receiving timely notice of an election to move a Dispute from arbitration to small claims court, the AAA shall suspend the arbitration unless and until the small claims court denies its jurisdiction altogether or completes its exercise of jurisdiction over the parts of the Dispute to which its jurisdiction extends. To the extent permitted by applicable AAA rules and fee schedules, if the small claims court election is made before the other party's case initiation fee is due to AAA, and as the arbitration shall be suspended, the electing party's initiation fee shall not be due to AAA unless and until the matter returns to AAA. Either party may seek relief from a court from competent jurisdiction to enforce this provision, including a stay, dismissal, or order directing compliance, and doing so shall not waive any right to arbitrate.

    Applicable Law. For Disputes in small claims court, the law of the state that court is located in applies. For Disputes in arbitration, the law of the state that your billing address is in (according to OnTech's records on the date the Dispute Resolution Notice is sent) will apply. If, for any reason, the Dispute does not go to arbitration or to a small claims court, or this Arbitration Provision is found to be invalid, then the laws of Colorado will apply to the Terms of Use and Promotional Terms and everything relating to these terms, including OnTech's products and Services.

    Rights to Opt-Out. If you do not agree to this Arbitration Provision, you have 30 days after you set up an account with us or you start your Services, whichever happens first, to opt out of this Arbitration Provision. To do that, send a written notice to OnTech Smart Services L.L.C., Attn: Dispute Resolution, P.O. Box 9033, Littleton, Colorado 80120-9033.

    You may download and use the form Opt-Out Notice from our website. (https://www.dish.com/content/dam/dish/pdfs/service-agreements/tv-plan-agreements/arbitration-opt-out--English.pdf) If you decide to opt out of this Arbitration Provision, it won't negatively affect your relationship with us or our delivery of Services. If we get a notice to opt out postmarked after the thirty-day period described above, it won't be valid and you will be bound by this Arbitration Provision.

    Future Changes to this Arbitration Provision; Costs. We may make changes to this Arbitration Provision in the future. If we do, unless it's a change to the Legal Dispute Notice Address, you may reject those changes by sending a written notice to the Legal Dispute Notice Address within thirty (30) days after we inform you of the changes (or at any time if we don't inform you of the changes). If you reject changes we make in the future, you are still required to resolve Disputes using the version of the Arbitration Provision that doesn't include those changes.

    The thirty (30) day period for you to reject the change starts when we give you notice of the change. We will be deemed to have given you notice of changes to this Arbitration Provision as follows:

    1. In the event that we send you notice by U.S. mail (including, without limitation, on a mailed bill, bill insert, notice, letter, or postcard), then it will be considered given three (3) days after it is first deposited in the U.S. mail, addressed to you at your billing address then appearing in our records;
    2. In the event that we send you notice electronically (including, without limitation, via an e-mail, text message, electronic bill, social media message, or attachment), then it will be considered given at the time we first send an electronic communication containing such notice or notifying you of the availability of such notice (or the electronic bill in which it is included) to the electronic contact information (including, without limitation, e-mail address, phone number, or social media (e.g., Facebook, Twitter) identifier) then appearing in our records; and
    3. In the event that we send you notice via broadcast on a television channel, or on your OnTech app (including, without limitation, through pop-up messages) or through publication on https://www.ontechsmartservices.com/ or other website, then it will be considered given when first broadcast, sent, or published.

     

    Expenses Outside of Arbitration. If either you or OnTech start a case with a court of general jurisdiction, that case involves a Dispute that was supposed to go to arbitration under this Arbitration Provision, and the sued party successfully gets the Dispute sent to arbitration, then the party that started the case must pay the sued party's reasonable attorneys' fees, expenses, and court costs related to moving the case to arbitration.

    Exceptions. If you are getting Services from us that you were not authorized to receive and that you didn't pay for, whether through theft or otherwise, then that Dispute shall not be covered by this Arbitration Provision and may only be decided by a court with appropriate authority. In addition, if either you or OnTech bring a claim that seeks “public injunctive relief” (an injunction that seeks to prevent injury to members of the public, other than just the party seeking the injunction), then that claim may only be decided by a court with appropriate authority. However, any related claim for damages based on a Dispute must still be resolved on an individual basis in arbitration or small claims court. In the case of each exception, you and OnTech agree that the arbitrator lacks the authority to decide such claims.