TERMS OF SERVICE

City of Pomona Online BillPay Terms of Service Agreement

IT IS IMPORTANT THAT YOU READ THIS:

By accessing or using the City of Pomona 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 are solely responsible for reviewing these terms, as modified, before you use Online BillPay. 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 City of Pomona Utility account(s) online. The Online BillPay Service sends information about your account(s) directly to your email address and allows you to pay online. This email will include a digital copy of your billing statement. InfoSend, a third party vendor that specializes in bill processing and presentment, hosts the service.

City of Pomona 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 communication facilities or a failure with your email provider not under our control that may affect the accuracy or timeliness of email messages you receive.

Any information sent by the City of Pomona 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 held 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").

City of Pomona 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. The City of Pomona makes no warranties other than those expressly set forth in this Agreement. The City of Pomona 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

The City of Pomona 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. We may utilize your name, mailing address and changes thereto for internal purposes or communicating with you by mail. 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, your Debit Card or Checking account 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 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.

Methods of Payment

ACH (Automatic Clearing House) Transactions

To use Online BillPay, you must designate an eligible deposit or other asset account accessible by an ACH (Automatic Clearing House) transaction 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 of Pomona to initiate debit entries to your bank account in said amount(s), and to initiate any debit entries to your bank account necessary to correct any error in a payment. You also must authorize your Financial Institution to debit your bank account in the amount of such payments or corrections. You represent that you have all necessary right, power, and authority to authorize such payment, and that you will take such steps as your Financial Institution requires making such authorization. This authorization shall remain in full force and effect until the City of Pomona has received notice from you of your termination of such authorization in such time and in such manner as to afford the City of Pomona and your Financial Institution reasonable opportunity to act on it.

Debit and Credit Card Transactions

Credit Card payments are not authorized with the Online BillPay Service. However, to make a payment using a Debit or Credit Card, Click on the link provided to visit our credit card portal or visit www.speedpay.com to process your Utility Payment. In consideration of and for the utilization of the Speedpay service, Western Union Speedpay will assess a convenience fee to customers utilizing the service. Customer will be advised of this fee and the specific dollar amount and will be given the option of accepting or rejecting this convenience fee and the attendant Service. No fee will be assessed to City for this service. The initial fee will be charged according to the following schedule:

Payment Amount Western Union Speedpay Fee to Customer
$.01 to $500.99 $3.95
$501 to $800 $7.95

**Subject to modification by Western Union Speedpay. Please contact Western Union Speedpay or review their Terms and Conditions for any changes in fees.

Payment Amount Limitations

The amount of funds you may use is limited by the amount of funds you have available, including any available overdraft protection you may have with your Financial Institution. You agree to maintain sufficient funds in your account to satisfy your bill payments and that the City of Pomona will have no obligation to complete a transaction if sufficient funds are not available. Your access to your Debit or Credit Card also may be limited by your agreement(s) with your Financial Institution governing the Debit or Credit Card, and by applicable law 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 Thursday, excluding Fridays, weekends, and 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 3:00 PM, Pacific Standard Time, Monday through Thursday, will be credited to your account the next business day. Payments made after 3:00 PM, Pacific Standard Time, Monday through Thursday, or made on Fridays, weekends, and holidays, will be credited to your account in two (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 of Pomona for payments not made in a timely manner. Late fees for payments made using Online BillPay are the same as the late fees charged for mailed payments.

Fees

City of Pomona does not charge any fees for using the Online BillPay Service. However, your Financial Institution may charge you fees related to your Debit or Credit Card, including transaction fees or fees for attempting transfers without sufficient funds. If a transaction is not honored by your bank, the City of Pomona may charge your account with a Non-Sufficient Funds (NSF) charge of $25.00.

Termination of Online BillPay

You may choose to cancel Online BillPay at any time. 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 ten (10) days after we receive your request.

The City of Pomona 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 of Pomona 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 City of Pomona

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 Pomona Public Works Department, ATTN: CUSTOMER SERVICE
505 S. Garey Avenue,
Pomona, CA 91766
(909) 620-2241

Amendments

The terms of the Agreement may be modified or amended by the City of Pomona 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 the County of Los Angeles. 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 from the City of Pomona to you regarding Online BillPay, including this Agreement, may be made electronically, including by the City of Pomona posting to its website in accordance with applicable law. Any electronic disclosure or communication the City of Pomona makes will be considered made when transmitted by the City of Pomona.

Refund Policy

Payments made in excess of the total bill amount will show as a credit on the customer's next Statement of Services. Questions concerning refunds may be addressed in writing to City of Pomona Public Works, ATTN: Customer Service, 505 S. Garey Avenue, Pomona, CA 91766. The refund process may take up to 30 days for processing.

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.