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TERMS OF SERVICE

Dominion Web Solutions EZPay Terms of Service Agreement

IT IS IMPORTANT THAT YOU READ THIS:

By accessing or using the Dominion Web Solutions' EZPay website, you agree to be bound by all of the terms and conditions of this Agreement. We may modify this Agreement at any time, and you agree that such modifications will be effective immediately upon posting of the modified Agreement. You agree that by using our website after any such modifications, you will be deemed to have reviewed, agreed to and accepted the modified Agreement.

EZPay Service is provided to you to facilitate access to view and pay your Dominion Web Solutions accounts online. The EZPay Service sends information about your account directly to your email address and allows you to pay online. This email will include a digital copy of your invoice. InfoSend, a third party vendor that specializes in invoice processing and presentment, hosts the service.

The Dominion Web Solutions will make every reasonable effort to ensure full performance of the EZPay Service and, on a timely basis work with you to resolve disputes that may arise. We do not assume responsibility for malfunctions in public communications facilities not under our control that may affect the accuracy or timeliness of email messages you receive.

Any information sent by us to you via email is believed to be reliable. However, this information can only be provided on a best-efforts basis for your convenience and is not guaranteed. We will not be liable for any deficiencies in the accuracy, completeness, availability or timeliness of such information or for any decision made using this information.

In addition, please take note of the following guidelines, which will assist you in detecting certain types of Internet and email fraud (i.e. "phishing").

Dominion Web Solutions does not make any warranties concerning the EZPay service including, without limitation, any warranties of merchantability, fitness for a particular purpose or non-infringement of third party proprietary rights unless disclaiming such warranties is prohibited by law. Dominion Web Solutions makes no warranties other than those expressly set forth in this agreement. Dominion Web Solutions will not be liable for any damages of any kind arising from the use of this site, including, but not limited to, direct, indirect, incidental, consequential and punitive damages. You expressly agree that your use of this site is at your sole risk.

Privacy of Information

Dominion Web Solutions is committed to protecting your privacy. You acknowledge that we and our vendor may receive certain private and confidential information in connection with your use of EZPay. We may utilize your name, mailing address and changes thereto. We will not rent, sell or otherwise make available to any third party for any reason any of your private and confidential information that personally identified you, your Credit Card or payments you make through the EZPay, other than to provide EZPay or comply with applicable laws or regulations, including government agency or court orders, unless you otherwise expressly agree.

You agree that you will not intentionally provide false information when accessing or using the EZPay services. You also agree that you will not falsify, forge, or otherwise tamper with any information in the emails you receive as part of the EZPay service.

The EZPay website has security measures in place to protect against the loss, misuse, or alteration of the information you provide. Our Online Payment server software conforms to industry standards utilizing Secure Sockets Layer (SSL) technology, which is among the best software available for securing commerce transactions.

Credit Card

To use EZPay, you must designate an eligible deposit or other asset account accessible by a credit card or debit card ("Credit Card") at a bank or other eligible financial institution (your "Financial Institution") from which payments will be made using EZPay. You agree that, by scheduling automatic payments or a single payment, you authorize Dominion Web Solutions to initiate debit entries to your Credit Card in such amount(s), and to initiate any debit or credit entries to your Credit Card necessary to correct any error in a payment. You also must authorize your Financial Institution to debit or credit your Credit Card in the amount of such payments or corrections. You represent that you have all necessary right, power, and authority to authorize each such payment, and that you will take such steps as your Financial Institution requires to make such authorization. This authorization shall remain in full force and effect until we have received notice from you of your termination of such authorization in such time and in such manner as to afford Dominion Web Solutions and your Financial Institution 30 days to act on it.

Payment Amount Limitations

The amount of funds you may use is limited by the amount of available funds you have on your Credit Card, including any available overdraft protection you may have with your Financial Institution. You agree to maintain sufficient funds on your Credit Card to satisfy your bill payments and that Dominion Web Solutions will have no obligation to complete a transaction if sufficient funds are not available. Your access to your Credit Card also may be limited by your agreement(s) with your Financial Institution governing the Credit Card and by applicable law and regulations.

Payment Processing

EZPay is designed to be available seven days a week, 24 hours a day. However, we will update account balances and activity information daily, Monday through Friday, excluding holidays. In addition, we will not be liable for any inability to access EZPay, or for any failure to update any information, for whatever reason. Payments received before 5pm EST, Monday through Friday, will be credited your account the next business day. Payments made after 5pm EST, Monday through Friday, or on weekends and holidays, will be credited to your account in 2 business days. You are solely responsible for making timely payments and any late fees charged or action taken by the Dominion Web Solutions for late payments. Late fees for payments made using EZPay are the same as the late fees charged for mailed payments. Should you establish automatic payments via EZPay, such payments will be processed on the date of your invoice for the amount of the invoice which will be equivalent to the agreed up on amount on your authorization with Dominion Enterprises.

Fees

Dominion Web Solutions does not charge you any fees for using EZPay. However, your Financial Institution may charge you fees related to your Credit Card, including transaction fees or fees for attempting transfers without sufficient funds. If a transaction is not honored by your bank a $25.00 fee will be charged to your account.

Unauthorized Transfers

If you believe that someone has improperly accessed your Credit Card through EZPay without your permission, contact Dominion Web Solutions immediately. You should also immediately contact your Financial Institution.

Termination of EZPay

You may choose to cancel EZPay at any time with no fee. If you wish to discontinue EZPay, or discontinue automatic payments while still using EZPay to pay individual invoices, you may cancel by sending a cancellation notice to the address shown below under "Notices." Your termination will be effective no more than 2 days after we receive your request.

Dominion Web Solutions may suspend or terminate your access to EZPay at any time, without notice and for any reason. We will attempt to provide you with prior notice of suspension or termination by posting on our website or otherwise sending notice of termination. However, Dominion Web Solutions will not be liable for any failure to do so. Neither termination nor discontinuation of EZPay shall affect your liability for transactions initiated through EZPay using your password.

Notices to Dominion Web Solutions

Please submit all correspondence via the Customer Service link of EZPay. You may also contact us at the following address or phone number:

Dominion Web Solutions Customer Service
P.O Box 3096
Norfolk, VA 23514

888-642-0028

Amendments

The terms of the Agreement may be modified or amended by Dominion Web Solutions from time to time. In such event, we will provide notice to you in accordance with applicable law, which may be accomplished by posting such change on our EZPay website. Any use of EZPay after we provide you with a notice of change will constitute your agreement to such change(s).

Assignment

You may not assign this Agreement to any other party.

Governing Law/Venue/Tort Claims Act

This Agreement shall be governed by the law of the Commonwealth of Virginia without regard to its conflicts of laws provisions and any action or lawsuit related to this Agreement will be adjudicated in a court of competent jurisdiction in the city of Norfolk. Prior to filing any action or lawsuit related in any way to this Agreement, you must comply with the provisions of the Tort Claims Act (Government Code Section 900 et seq.).

Use of Electronic Communication

By accepting below or otherwise using EZPay, you also agree that any and all disclosures and communications regarding EZPay between you and Dominion Web Solutions, including this Agreement, may be made electronically, including by Dominion Web Solutions posting to its website in accordance with applicable law. Any electronic disclosure or communication Dominion Web Solutions makes will be considered made when transmitted by the Dominion Web Solutions.

Refund Policy

Payments made in excess of the total invoice amount will show as a credit on the customer's next invoice. Questions concerning refunds of erroneous payments may be addressed in writing to Dominion Web Solutions P.O Box 3096, Norfolk, VA 23514. If approved, the refund will be made in the form of a check made payable to the name on your account. The refund process may take up to 5 business days.

Our Credit Card Data Responsibility

We are responsible for the merchant cardholder data that our system stores or transmits on behalf of the customer, and will maintain compliance with all applicable PCI DSS requirements. Customers are requested to notify us in the event that they experience issues that may affect the security, availability or privacy of the services they are utilizing.