DIRECTV TERMS OF SERVICE FOR HOSPITALITY & INSTITUTION ESTABLISHMENTS
THESE DIRECTV TERMS OF SERVICE FOR HOSPITALITY & INSTITUTION ESTABLISHMENTS, INCLUDING THE HOSPITALITY AND INSTITUTIONS GENERAL TERMS AND CONDITIONS AND THE DTV RECEIVING EQUIPMENT AND INSTALLATION TERMS AND CONDITIONS (THE "SERVICE TERMS"), DESCRIBE THE TERMS AND CONDITIONS OF YOUR RECEIPT OF DIRECTV SERVICE PROVIDED TO YOU BY DIRECTV.
DIRECTV provides satellite entertainment programming and services ("DIRECTV Service" or "DIRECTV Services"), and associated DTV Receiving Equipment, to hotels, motels, resorts, inns, hospitals, nursing homes, assisted living and long term care facilities, medical and dialysis clinics, college or university dormitories or eligible student housing, marinas, camp grounds, RV Parks, prisons, correctional facilities, and other locations approved by DIRECTV ("Hospitality & Institution Establishments," "H&I Establishment" or "Establishments"). As used herein, "DIRECTV," "DTV," "we," "us," or "our" means DIRECTV, LLC; and "you," "your," or "Customer" means the entity that owns the H&I Establishment receiving the DIRECTV Service and/or the entity that is responsible for the payment of fees and charges for the DIRECTV Service. DIRECTV Services must be provided by Customer on a free-to-guest basis and may be provided only within the private rooms of the H&I Establishment and, if approved by DIRECTV, other non-public areas of the H&I Establishment. DIRECTV High Definition (HD) receiving hardware, remote controls and Distribution Equipment (referred to collectively as "DTV Receiving Equipment") are required to view the DIRECTV Service, which may be in addition to other hardware and software from DIRECTV. "Distribution Equipment" consists of a D2 Advantage™ distribution system, providing DIRECTV signal to the following system types: (a) COM, (b) DIRECTV Residential Experience (DRE) or (c) Receiver-Less HD distribution systems (not available to hotels, motels, resorts or inns). Access Cards (as defined below) are not included as DTV Receiving Equipment.
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 email@example.com or writing us (for notices and mail - DIRECTV, LLC, Business Service Center, P.O. Box 25392, Miami, FL 33102-5392 or for payments - DIRECTV, LLC, H&I Account Payments, P.O. Box 105249, Atlanta, GA 30348-5249).
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.
HOSPITALITY AND INSTITUTIONS GENERAL TERMS AND CONDITIONS
1. OUR SERVICE.
These are the terms on which we will provide you DIRECTV Service:
(a) Program Choices and Programming Changes.
You must subscribe to a base package in order to receive additional DIRECTV 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 DIRECTV Service, at any time. We will endeavor to notify you of any change within 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 DIRECTV 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 DIRECTV 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 DIRECTV Services. You shall not charge your Units (nor the guests, residents, or other occupants of Units) for the viewing of, or listening to, any DIRECTV Service(s), but shall distribute all of the DIRECTV Services free of charge and as a convenience of occupancy. All Units located at the Establishment shall receive all of the DIRECTV Services. Notwithstanding the provisions of Section 8, we or 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 Service Terms, we may immediately deactivate any or all DIRECTV Services provided to you. If DIRECTV Services to you are so deactivated, in addition to the indemnification obligations described below, you are still responsible for payment of all outstanding balances. You agree that all DIRECTV 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 DIRECTV 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 AT&T, DIRECTV or a third party(s), that are used in connection with or are otherwise associated with the DIRECTV Services. DIRECTV may include the Establishment's name and address and other commercially available information in customer lists and in marketing materials.
In return for receiving our DIRECTV 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 DIRECTV Service ordered by you or anyone who uses your DTV Receiving Equipment, with or without your permission, until the DIRECTV Service is canceled or your account is properly transferred. If the DIRECTV Service is part of an offer through which you receive credits offsetting all or part of the DIRECTV Service price or DTV Receiving Equipment, such credits are also applied in advance. If you cancel the DIRECTV 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 credit 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 DIRECTV Service to a minimum service level, at our rates in effect at the time, or deactivate your DIRECTV 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.
DIRECTV 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. 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 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 DIRECTV Service.
3. CUSTOMER INFORMATION
(a) Representations and Warranties.
The person ordering DIRECTV Service represents and warrants that (s)he is authorized to agree to these Service Terms, and that all rights, approvals and consents necessary to accept these Service 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 Service Terms. Further, you have read and understand the contents, terms, conditions and effects of these Service 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 Service 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 DIRECTV Services; (iii) the DIRECTV Services shall only be displayed or exhibited in Units within Establishments at which persons will view the DIRECTV 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 any manner whatsoever, any of the DIRECTV Services received in areas accessible to the public and/or common areas (such as bar, restaurant, diner, stadium, casino, club, cafe, theater). If your Establishment does not meet the qualification for an Offer but you still wish to receive the DIRECTV Service, you may qualify for other types of commercial establishment services subject to a separate commercial agreement.
(b) Contact Information.
In connection with these Service 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 Establishments, 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.
4. TERM, CHANGES IN CONTRACT TERMS AND CANCELLATION.
(a) Change in Terms.
We reserve the right to change the terms and conditions on which we offer DIRECTV Service. If we make any such changes, we will send you a copy of your new Service Terms 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 DIRECTV Service. If you elect not to cancel your DIRECTV Service after receiving a new Service Terms, your continued receipt of DIRECTV 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 DIRECTV Service.
The term of these Service Terms shall run concurrently with any commitment you agreed to in consideration for DTV Receiving Equipment or promotional DIRECTV Service offers, whether set forth in the Service Terms or agreed to by you separately before or after the date you signed these Service Terms. Following the end of any such commitment, the term shall continue indefinitely and DIRECTV 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 DIRECTV Service offer, the term is month-to-month and DIRECTV 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 DIRECTV 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 DIRECTV Service.
You may cancel DIRECTV 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 DIRECTV Service or change your DIRECTV 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 DIRECTV Service offer or the receipt of any DTV Receiving Equipment, and fail to maintain the required DIRECTV Service for the required period of time. We will not credit seasonal sports subscriptions after the season starts. We may cancel DIRECTV 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 Service 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 cancel DIRECTV Service if you do not to accept any changed terms.
(d) Credit Balances.
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 DIRECTV 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 parties recognize that DIRECTV is a provider of a commercial service and, even if Customer is a government entity, that the provision of the DIRECTV 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.
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 at http://www.directv.com/DTVAPP/content/legal/software_license. If you do not agree to these terms you may not use the DTV Receiving Equipment and may not activate the DIRECTV 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 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) DIRECTV Service Interruptions and Warranty Disclaimer.
DIRECTV Service may be interrupted from time to time for a variety of reasons. We are not responsible for any interruptions of DIRECTV Service due to acts of God, power failure or any other cause beyond our reasonable 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 DIRECTV Service interruption. THIS IS YOUR SOLE REMEDY AND OUR SOLE DUTY. You agree that these Service Terms do not provide for, and the DIRECTV 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 (INCLUDING INSTALLATION OF SUCH 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. EITHER PARTY'S ENTIRE LIABILITY AND THE OTHER PARTY'S EXCLUSIVE REMEDY FOR DAMAGES ON ACCOUNT OF ANY CLAIM ARISING OUT OF THIS AGREEMENT FOR BODILY INJURY, DEATH OR DAMAGE TO REAL PROPERTY OR TO TANGIBLE PERSONAL PROPERTY PROXIMATELY CAUSED BY A PARTY'S NEGLIGENCE, SHALL BE PROVEN DIRECT DAMAGES.
(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, 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 CHANNEL SERVICE AND DISPLAYED IN ACCORDANCE WITH OUR RULES OF USE), INCLUDING MUSIC INCLUDED WITHIN TELEVISION PROGRAMMING OR ADVERTISING, IN YOUR ESTABLISHMENT YOU ARE RESPONSIBLE FOR ALL REQUIRED MUSIC LICENSE FEES.
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 YOUR OBLIGATIONS HEREUNDER. DIRECTV WILL NOT INDEMNIFY CUSTOMER WITH RESPECT TO THE CONTENT OF ANY PROGRAMMING.
8. RESOLVING DISPUTES.
Any legal or equitable claim relating to these Service Terms or your DIRECTV Service (referred to as a "Claim") will be resolved as follows:
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 Service 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 will be resolved only by binding arbitration. The arbitration will be conducted under the Commercial Arbitration Rules of the American Arbitration Association that are in effect as of the date these Service 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 Service Terms. If there is a conflict between AAA Rules and the rules set forth in these Service Terms, the rules set forth in these Service 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) 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.
Notices to you will be deemed given when personally delivered, addressed to you at 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 Service 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 DIRECTV Service is provided to you. These Service Terms are subject to modification if required by such laws. Notwithstanding the foregoing, Section 8 shall be governed by the Federal Arbitration Act.
We may assign your account or these Service 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 DIRECTV Service, DTV Receiving Equipment, these Service Terms or any or your rights and obligations under these Service Terms without our prior written consent, not to be unreasonably withheld. If, as part of the sale of your Establishment, 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.
These Service Terms and any lease, activation, programming, or other service commitment agreement that you entered into with DIRECTV in connection with obtaining DIRECTV 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 Service 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 Service Terms or delivering of the DIRECTV Services.
DTV RECEIVING EQUIPMENT AND INSTALLATION TERMS AND CONDITIONS
1. ACCESS RIGHTS.
Customer represents and warrants that it is the owner of the Establishment identified above and has the right to grant the access and other rights specified herein, and hereby grants to DIRECTV the right to: (a) in a timely manner access the Establishment for the purposes of installing, operating, maintaining, replacing, removing and/or upgrading all or any portion of the DTV Receiving Equipment, (b) exclusive use of the Distribution Equipment and Inside Wiring in, on and throughout the Establishment (c) the right to use ancillary equipment space within a building for placement of Distribution Equipment, and (d) exercise its rights and perform its obligations under these Service Terms. "Inside Wiring" refers to the coaxial cable within each building located on the Establishment, owned or controlled by Customer, extending from the wall plate(s) within each Unit to the lockboxes, communications closets or similar central distribution facilities where the Distribution Equipment interconnects with such coaxial cable. Without limiting the foregoing, the rights granted to DIRECTV hereunder shall include, but not be limited to, the right to enter, perform work on, and exit the Establishment with all equipment necessary to provide, connect, change and disconnect the DIRECTV Service at the Establishment, and the right to install, attach and remove equipment necessary for the provision of the DIRECTV Service during mutually agreed upon hours.
2. EQUIPMENT INSTALLATION AND MAINTENANCE.
Customer shall arrange with DIRECTV for the timely delivery and installation of the DTV Receiving Equipment described below at Customer's Establishment, and have the Establishment ready for DIRECTV to perform the installation work. DIRECTV shall perform maintenance on the DTV Receiving Equipment in accordance with Section 8 below. Claims about installation, maintenance, service or breach of warranty will not eliminate Customer's obligation to complete the Minimum Payment Period. Customer shall pay DIRECTV's charges for the installation and maintenance of the DTV Receiving Equipment. Customer shall periodically and as necessary, in its reasonable discretion, maintain the Establishment components installed by or under Customer's control at the Establishment, including the Inside Wiring, which are used by DIRECTV in connection with the DTV Receiving Equipment or otherwise required for DIRECTV to deliver the DIRECTV Service. All costs and expenses associated with the maintenance of such Customer-controlled components shall be the sole responsibility of the Customer. If DIRECTV performs any of the foregoing on Customer's behalf, Customer shall promptly reimburse DIRECTV for its costs and expenses.
(a) Technical Specifications.
The technical specifications for the Distribution Equipment and certain additional rights with respect to existing wiring and components at the Establishment are as follows:
The D2 Advantage™ signal distribution system consists of the following equipment:
- Out Door Unit ("ODU")
- 1 –Slimline KaKu dish
- 1- Non- Singe Wire Multi-Switch(s) ("SWiM") LNBF
- 1 – Pro Brand 36" International dish (optional)
- 1-95 LNB
- 1 –Slimline KaKu dish
- Flat roof mounts will utilize:
- 1 – Non-penetrating roof mount, per ODU
- 1 – Non-penetrating 38"x36"rubber mat, per ODU
- 1 – 8x8x16 cinder blocks for ballast – 8 for each non-penetrating mount, per ODU
- Wall and under-eave mount
- 1- ODU and wall mount, per ODU
- 1- Under Eve Mount, per ODU
- Backbone wiring from the dishes to each distribution location will consist of eight total (8) coaxial lines
- Only DIRECTV approved, riser rated, UL listed, RG-6 (or RG-11 when applicable), minimum 60% braid, solid copper center conductor, rated to 3.0 GHz coaxial cable will be authorized to be used. Depending on the distance between the dishes and distribution location, the design may be engineered to use RG-11 coaxial cable
- 6 lines from the Slimline ODU
- 2 lines serve as a spare/backup
- 1 for International dish (optional) when used
- 1 spare/backup
- (5) MDF/IDF equipment (minimum required), additional units of each may be required base on property size and design
- Grounding blocks
- Polarity Locker
- Trunk Amplifier
- Trunk Tap
(ii) Coax System Specific Distribution Specifications for All DRE Systems.
If Customer purchases DRE equipment, the distribution of DIRECTV Service will be delivered on the existing coaxial cable wired to each Unit. Minimum requirements:
- RG-6/59 coax cable with a minimum of 60% shielded braid
- Each Unit must have an individual, uninterrupted line from the distribution location to the Unit
- DIRECTV must have unobstructed access to each Unit wire to activate the Establishment's DTV Receiving Equipment:
- New coax connectors installed on all cabling transporting DIRECTV signal to receivers
- SWiM Splitters
- 3Ghz Barrels
- 3Ghz rated room taps when installing DRE Loop-thru topology
- Network Specific Equipment Specifications DRE Plus/DRE Loop Through Plus. If Customer purchases DRE Plus/DRE Loop Through Plus, the following equipment is required:
- 1- VPN Router Gateway
- 1- Network MDU Switch
- Additional network IDF Switches as determined by property size and design
- DECA II Cinema Connection Kit w/PS as determined by property size and design
- CAT5e cable or better-as determined by property size and design
- Management Control System (MCS) server
(iii) System Specific Distribution Specifications COM systems.
If Customer purchases COM equipment, the distribution of DIRECTV service will be delivered on the existing coaxial or Ethernet cable wired to each Unit. Minimum requirements:
- RG-6 or RG-59 coax cable with a minimum of 60% shielded braid or CAT5e or CAT6 Ethernet cable
- Each Unit must have an individual, uninterrupted line from the distribution location to the Unit
- DIRECTV must have unobstructed access to each Unit wire to activate the Establishment's DTV Receiving Equipment:
- Current approved coax connectors on all cabling transporting DIRECTV signal to guest rooms
- Current approved encryption compatible in-room end point
- Customer supplied TV
- Set Back Box-as determined by encryption method, if Customer's TV is not encryption compatible
- Network Specific Equipment
- 1- VPN Router Gateway
Customer agrees to provide DIRECTV with access to 120 volt circuits (the "Electrical Circuits") located within five feet of each communications closet or room or lock box that is part of the Distribution Equipment and with adequate space on the Property for DIRECTV to locate the Distribution Equipment and related infrastructure. If Customer does not already have such Electrical Circuits, DIRECTV will install the required Electrical Circuits. Customer agrees to pay for all electricity required to power the Electrical Circuits.
(c) General Scope of Work Standards:
Site surveys will be completed by a Contractor.
Contractor will draft the Distribution Equipment design based on the information collected during the site survey.
Bill of Materials (BOM) – Cost Estimate.
- The final BOM will be drafted from the completed Distribution Equipment design.
- Estimated DTV Receiving Equipment and installation costs should be calculated from the completed Distribution Equipment design and onsite working conditions.
- Payment for DTV Receiving Equipment and installation is due to DIRECTV prior to installation commencement.
DTV Receiving Equipment Installation.
- All local electrical and fire codes, insurance requirements, permit requirements, etc. will be adhered to and are the sole responsibility of DIRECTV.
- All manufacturer's technical specifications related to the installation of the equipment will be followed.
- Distribution Equipment installation will follow the submitted Distribution Equipment design.
- D2 Advantage™ architecture will be strictly adhered to for the installation of the Distribution Equipment.
- DRE architecture will be strictly adhered to for the installation of the network distribution system.
- Guidelines for the Multimedia over Coax Alliance (MoCA) distribution system will be followed to ensure proper operation of the DRE network.
- If it is determined during installation of the DTV Receiving Equipment that additional DTV Receiving Equipment and/or installation services are required and/or requested by Customer beyond the amount outlined below, Customer shall be responsible for all costs and expenses associated with the additional DTV Equipment and/or installation services.
- Contractor will complete a Quality Assurance inspection upon completion of the project.
Quality Assurance and Acceptance. Upon completion of the project a complete Quality Assurance inspection and performance testing will be performed by DIRECTV following the current inspection process.
DIRECTV retains the right to contract with contractors, subcontractors, material providers, suppliers and others (collectively, "Contractors") to perform any installation, maintenance and other services required in connection with the DTV Receiving Equipment.
4. PROPERTY ASSISTANCE; NON-INTERFERENCE.
Customer shall use reasonable efforts to keep the DTV Receiving Equipment and any other components required for distribution of the DIRECTV Service secure and prevent any unauthorized access to or tampering with such equipment. Customer shall not interfere with, or allow any third party to, remove, alter, modify, or attempt to repair, maintain or service the DTV Receiving Equipment, unless consented to by DIRECTV. Customer further agrees that it will take commercially reasonable efforts to ensure that any equipment used or installed by Customer or any third party at the Establishment shall not interfere with the DTV Receiving Equipment or any of the DIRECTV Services, including but not limited to, line of sight signal interference. Customer shall promptly notify DIRECTV of any damage to or unauthorized tampering with the DTV Receiving Equipment, the Inside Wiring, or any other equipment of DIRECTV.
Each Party represents and warrants that it has and will maintain during the term commercial general liability insurance with minimum limits of $1 million and $2 million in the aggregate for each occurrence for bodily and personal injury or property damage. Each Party shall deliver certificates of insurance to the other Party evidencing such uninterrupted coverage upon a Party's request. To the extent an indemnification obligation is covered by insurance, the Parties agree to first look to the insurance proceeds for recovery.
6. PROTECTION AND OWNERSHIP OF EQUIPMENT.
Customer shall have no right to sell, give away, transfer, remove or relocate the DTV Receiving Equipment at any time during the Minimum Payment Period without DIRECTV's prior written consent. Both parties intend that these Service 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 Establishment. Customer shall provide DIRECTV with written notice of any proposed sale, transfer or conveyance of the Establishment at least thirty (30) days prior to the scheduled closing.
7. Removal of DTV Receiving Equipment.
If Customer cancels DIRECTV Service or under any other circumstance whatsoever, DIRECTV is under no obligation to remove any of the DTV Receiving Equipment after DIRECTV Service cancellation or at any other time.
8. Service Level Standards.
DIRECTV will also provide the performance standards described below:
(a) Outage of DIRECTV Service.
During the Minimum Payment Period, DIRECTV will respond to and cure, at no cost to Customer, unless such outage is caused by an event beyond DIRECTV's reasonable control (and without its negligence), any outage to an Establishment's DIRECTV Service (e.g., picture or sound not available) within the following time frames:
(i) Minor Outage.
A "Minor Outage" is defined as DIRECTV Service is generally available through all Units at an Establishment; however service may be impaired at the individual or up to 10% of the total Units (for example, 10% of the total Units are not working properly). If a Minor Outage is reported, DIRECTV will respond to the reporting party at the time that the call is taken during regular business hours as listed in Section 2 of this Attachment 3 (or by 7:30 a.m. (CST) the following business day if received outside of normal business hours), explain the corrective action to be taken, and shall cure such Minor Outage within two (2) calendar days of the Minor Outage being reported.
(ii) Major Outage.
A "Major Outage" is defined as DIRECTV Service is not generally available through all Units at an Establishment; such that more than 10% of the total Units are searching for satellite (for example, >10% of the total Units are not working properly). If a Major Outage is reported, DIRECTV will respond to the reporting party at the time the call is taken during regular business hours as listed in Section 2 of this Attachment 3 (or by 7:30 a.m. (CST) the following business day if received outside of normal business hours) to schedule an on-site visit or other repair procedure. The Major Outage shall be cured within twenty-four (24) hours of the arrival of the technician to the location of the Major Outage being reported.
(iii) Expenses Not Covered
include, but are not limited to:
- Abuse, misuse or vandalism of the DTV Receiving Equipment by the Establishment staff, its guests or the vendors
- Issues as a result of a third party changes to DTV Receiving Equipment or configurations
- Work required or resulting from an Establishment renovation
- Issues resulting from Establishment owned infrastructure (e.g. power, HVAC, weather)
- Customer is responsible for providing proper facilities for all DTV Receiving Equipment including proper environment (temperature, etc.) and electrical
- In Unit TV/receiver cabling and maintenance, including DRE set-top box resets. Establishment will be advised to have spare DRE receivers, remote controls and remote control battery replacements.
- Issues from wear and tear of DTV Receiving Equipment installed at the Establishment prior to the date of Customer's execution of these Service Terms.
(b) Customer Service Representatives:
(i) Remote Monitoring –
Remote 7x14 system management (7 days a week 8 a.m. – 10 p.m. (CST)) will be conducted by the DIRECTV Network Operations Center (NOC) on behalf of the Establishment so long as the DTV Receiving Equipment is properly connected to the Internet. This allows the DIRECTV NOC to remotely resolve minor to moderate issues (i.e. remotely resetting receiving hardware) on behalf of the Establishment in an effort to mitigate potential guest disruption. Should the NOC be unable to remotely resolve any technical issue(s), an escalated trouble ticket will be issued on behalf of the Establishment.
(ii) Phone Support (Tier 1) –
Customer can reach the DIRECTV Business Service Center by calling (800) 388-2505 and, for routing to the proper DIRECTV account team, must be prepared to provide its DIRECTV account number. Outside of the Dedicated Hours, DIRECTV will provide Customer with ongoing call center support through DIRECTV's Business Service Center at the dedicated number above. DIRECTV will provide Customer with prior email notice of any change in the dedicated DIRECTV call center telephone number listed above.
(iii) Field Support (Tier 2) –
If DIRECTV cannot resolve a service issue over the phone, an in-field service call will be established to address the service issue. DIRECTV will provide regular in-field service calls 7 days a week and on holidays based on need. Subject to the Service Level Standards set forth in Section 1 of this Attachment 3, the standard in-field service response time is two (2) calendar days, however, DIRECTV will use commercially reasonable efforts to respond to an urgent in-field service call within 24 hours. Any service calls performed by DIRECTV, outside of warranty service or not included within the Service Level Standards set forth in Section 1 of this Attachment 3, will be performed at DIRECTV's standard service rates. Customer shall have access to a dedicated DIRECTV account team via telephone during regular business hours (Monday – Friday 8am – 5pm CST) ("Dedicated Hours") that shall serve as Customer's single point of contact for all services and other activities to be performed by DIRECTV under these Service Terms.
(iv) Field Services Hours of Operations –
Dispatch / Tier II hours of operations are Monday – Saturday 7 a.m. – 8 p.m. (CST), Sunday 8 a.m. – 6 p.m. (CST)
Remote Monitoring Support hours are 7 days a week 8 a.m. – 10 p.m. (CST)
Account Management support Monday- Friday 7 a.m. – 6 p.m. (CST)