TERMS OF SERVICE

City of Gilroy Utility Online BillPay Terms of Service Agreement

IT IS IMPORTANT THAT YOU READ THIS:

By accessing or using the City of Gilroy Utility Online BillPay ("Online BillPay") website, you agree to be bound by all of the terms and conditions of this Agreement, as follows: The City of Gilroy ("City") is providing this Online BillPay service to facilitate your access to and payment of your City utility accounts online. Online BillPay will send information about your City accounts directly to the email address that you provided upon your enrollment into the Online BillPay system and allows you to pay online. This email will include a digital copy of your statement. InfoSend, a third party vendor that specializes in statement processing and presentment, hosts the Online BillPay service. You agree to confirm that your Online BillPay transactions were processed as you intended and to promptly review all statements for completeness and accuracy.

The City will make every reasonable effort to ensure full performance of the Online BillPay service and will work with you to resolve disputes that may arise on a timely basis. We do not assume responsibility for malfunctions in public communications facilities (for example, internet service providers), not under our control that may affect the accuracy or timeliness of email messages you receive or of Online BillPay transactions that you attempt to make.

City of Gilroy will make every reasonable effort to ensure full performance of the Online BillPay 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 can only be provided on a best-efforts basis for your convenience and is not guaranteed. The City makes no warranties or representations about the accuracy, completeness, availability or timeliness of such information or for any decision made using such 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").

To the extent permitted by law: The City does not make any warranties concerning the Online BillPay service including, without limitation, any warranties regarding the timing of payments, merchantability, fitness for a particular purpose, or non-infringement of third party proprietary rights. The City makes no warranties other than those expressly set forth in this agreement. You hereby waive and release the City from any and all claims and liabilities for any damages of any kind resulting or arising directly or indirectly from your use of Online BillPay or this website, including, but not limited to, direct, indirect, incidental, consequential and punitive damages. You acknowledge that your use of this website is for your convenience and that there are alternative methods of making payments to the City, and you expressly agree that your use of this website for making payments to City is at your sole risk.

Privacy of Information

The City is committed to protecting your privacy. You acknowledge that the City and its vendor may receive certain private and confidential information in connection with your use of Online BillPay. 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 identifies you or your credit card or debit card (collectively, “Credit Card”), or payments you make through the Online BillPay, other than to provide Online BillPay services or to 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 Online BillPay. You also agree that you will not falsify, forge, or otherwise tamper with any information in the emails you receive as part of the Online BillPay service.

The Online BillPay 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.

Debit and Credit Card Authorization

To use Online BillPay, you must designate an eligible deposit or other asset account accessible by a Credit Card at a bank or other eligible financial institution (your "Financial Institution") from which payments will be made using Online BillPay. You agree that, by scheduling automatic payments or a single payment, you authorize the City to initiate debit or credit entries to your Credit Card or designated Financial Institution in amounts billed to you by City and in such amounts as are necessary to correct any error in a payment. You also agree to authorize your Financial Institution to debit or credit your Credit Card or designated account 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 required by your Financial Institution 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 the City and your Financial Institution a reasonable opportunity to act on it.

Payment Amount Limitations

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

Payment Processing

Online BillPay 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 your inability to access Online BillPay, or for any failure to update any information, for whatever reason. Payments received on or before 12:00 A.M. Pacific Standard Time, Monday through Friday, will be credited to your account the next business day. Payments made after 12:00 A.M. Pacific Standard Time, Monday through Friday, or on weekends and holidays, will be credited to your account within 2 business days. You are solely responsible for making payments prior to the due date, and you are solely responsible for any late fees charged or action taken by the City for payments that you do not make on a timely basis. Late fees for payments made using Online BillPay are the same as the late fees charged for mailed payments.

Fees

The City of Gilroy does not charge you any fees for using Online BillPay. However, your Financial Institution may charge you fees related to your Credit Card, including transaction fees or fees for attempting transfers without sufficient funds.

To the fullest extent permitted by law, City may pass on to you and charge your Online BillPay account, and you agree to pay, any fees imposed on City because of “chargebacks” initiated by you or your Financial Institution or credit card company, which City determines were not caused by an error or omission of City. For example, City may be charged a “chargeback” fee if you make a report with your Financial Institution or credit card company questioning the accuracy or legitimacy of an Online BillPay transaction charged to your account, if your Online BillPay transaction is not honored by your Financial Institution because of insufficient funds in your Credit Card account, or for other reasons. Furthermore, to the fullest extent permitted by law, City may also pass on to you and charge your Online BillPay account, and you agree to pay, any fees imposed on City because of insufficient funds (“NSF”) in the account you designated for use with your Online BillPay account.

Unauthorized Transfers

If you believe that someone has improperly accessed your Credit Card through Online BillPay without your permission, contact the City immediately. You should also immediately contact your Financial Institution. Please be aware that you are solely responsible for any unauthorized transfers, although your Financial Institution may provide some form of fraud protection.

Termination of Online BillPay

You may choose to cancel Online BillPay at any time with no fee. If you wish to discontinue Online BillPay, or discontinue automatic payments while still using Online BillPay to pay individual bills, you may cancel by sending a cancellation notice to the address shown below under "Notices." Your termination will be effective no more than three (3) working days after we receive your request.

The City may suspend or terminate your access to Online BillPay 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, the City will not be liable for any failure to do so. Neither termination nor discontinuation of Online BillPay shall affect your liability for transactions initiated through Online BillPay.

Notices to City of Gilroy

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

CITY OF GILROY FINANCE DEPARTMENT
7351 ROSANNA STREET
GILROY, CA 95020-6141
(408) 846-0420

Amendments

The terms of the Agreement may be modified or amended by the City of Gilroy 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 BillPay website. Any use of Online BillPay 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 State of California 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 Santa Clara County. Prior to filing any action or lawsuit against the City that is related in any way to this Agreement, you must comply with applicable provisions of the Tort Claims Act (California Government Code Section 900 et seq.) and/or Sections 1.9 through 1.12 of the Gilroy Municipal Code.

Use of Electronic Communication

By accepting this Agreement (below) or otherwise using Online BillPay, you also agree that any and all disclosures and communications regarding Online BillPay between you and the City, including this Agreement, may be made electronically, including City postings to its website in accordance with applicable law. Any electronic disclosure or communication made by City shall be deemed made at the time of transmission.

Refund Policy

Payments made in excess of the total bill amount will show as a credit on the customer's next bill. Questions concerning refunds of erroneous payments may be addressed in writing to City of Gilroy Finance Department-Utility Billing. 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 10 working 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.