TERMS OF SERVICE

OMWD Online BillPay Terms of Service Agreement

IT IS IMPORTANT THAT YOU READ THIS:

By accessing or using the OMWD Online BillPay 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.

Online BillPay Service is provided to you to facilitate access to view and pay your OMWD water bills online. InfoSend, a third party vendor that specializes in bill processing and presentment, hosts the service.

OMWD 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 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").

OMWD does not make any warranties concerning the Online BillPay 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. OMWD makes no warranties other than those expressly set forth in this agreement. OMWD 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

OMWD 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 Online BillPay. OMWD may utilize your name, mailing address and changes thereto. OMWD 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 Online BillPay, other than to provide Online BillPay 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 our Online BillPay 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 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.

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 any inability to access Online BillPay, or for any failure to update any information, for whatever reason. Payments received before 6 a.m., Monday through Friday, will be credited your account the next business day. Payments made after 5 a.m, 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 OMWD for payments not timely made. Late fees for payments made using Online BillPay are the same as the late fees charged for mailed payments.

Fees

OMWD does not charge you any fees to view your account balance via Online BillPay. Payments made with a debit/credit card are charged a transaction fee; no part of this fee is retained by OMWD. OMWD does not charge any fees for payments made using a bank account. A fee will be charged to a customer’s account each time payment of a water bill is returned to OMWD due to non-sufficient funds or any other reason. Your financial institution may charge you fees, including transaction fees or fees for attempting transfers without sufficient funds.

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 one business day after we receive your request.

OMWD 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, OMWD 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 using your password.

Notices to OMWD

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

OLIVENHAIN MUNICIPAL WATER DISTRICT (OMWD)
1966 OLIVENHAIN ROAD, ENCINITAS, CA 92024
(760) 753-6466

Amendments

The terms of the Agreement may be modified or amended by OMWD 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 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 SAN DIEGO. 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 Online BillPay, you also agree that any and all disclosures and communications regarding Online BillPay between you and the OMWD, including this Agreement, may be made electronically, including by OMWD posting to its website in accordance with applicable law. Any electronic disclosure or communication OMWD makes will be considered made when transmitted by OMWD.

Refund Policy

OMWD provides on-line payment options to its customers. Payments made in excess of the balance of the water account will show as a credit on the customer’s next bill. Please call OMWD Customer Service Department, at 760-753-6466, if you make a payment in error.

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.