TERMS OF SERVICE

SBMWD Online eBilling Terms of Service Agreement

IT IS IMPORTANT THAT YOU READ THIS:

By accessing or using the San Bernardino Municipal Water Department Online BillPay/QuickPay 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/QuickPay Service is provided to you to facilitate access to view and pay your San Bernardino Municipal Water Department accounts online. The Online Service sends information about your account directly to your e-mail address and allows you to pay online. This e-mail will include a digital copy of your bill. InfoSend, a third-party vendor that specializes in bill processing and presentment, hosts the service.

San Bernardino Municipal Water Department will make every reasonable effort to ensure full performance of the Online 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").

San Bernardino Municipal Water Department does not make any warranties concerning the Online QuickPay 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 San Bernardino Municipal Water Department makes no warranties other than those expressly set forth in this agreement. The San Bernardino Municipal Water Department 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

Payment Processing

Online BillPay/QuickPay 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 QuickPay, or for any failure to update any information, for whatever reason. Payments received before 11:59pm, Monday through Friday, will be credited your account the next business day. Payments made after 11:59pm, Monday through Friday, or on weekends and holidays, will be credited to your account in 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 San Bernardino Municipal Water Department for payments not timely made. Late fees for payments made using Online QuickPay are the same as the late fees charged for mailed payments.

Fees

San Bernardino Municipal Water Department does not charge you any fees for using Online QuickPay. However, your Financial Institution may charge you fees related to your bank account, including transaction fees, or fees for attempting transfers without sufficient funds. If a transaction is not honored by your bank a fee will be charged to your SBMWD utility account.

Unauthorized Transfers

If you believe that someone has improperly accessed your bank account information through Online BillPay/QuickPay without your permission, contact the San Bernardino Municipal Water Department 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 QuickPay

You may choose to cancel Online BillPay/QuickPay at any time with no fee. If you wish to discontinue Online BillPay/QuickPay, or discontinue automatic payments while still using Online QuickPay 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 30 days after we receive your request.

The San Bernardino Municipal Water Department may suspend or terminate your access to Online BillPay/QuickPay 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 San Bernardino Municipal Water Department will not be liable for any failure to do so. Neither termination nor discontinuation of Online QuickPay shall affect your liability for transactions initiated through Online BillPay/QuickPay using your password.

Termination of Online Bill Presentment

You may choose to cancel Online Bill Presentment at any time with no fee. If you wish to discontinue Online Bill Presentment, you may cancel by sending a cancellation notice to the address shown below under "Notices." Your termination will be effective no more than 3 business days after we receive your request.

SBMWD may suspend or terminate your access to Online Bill Presentment 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, SBMWD will not be liable for any failure to do so. Neither termination nor discontinuation of Online Bill Presentment shall affect your liability for transactions initiated through Online Bill Presentment using your password

Notices to San Bernardino Municipal Water Department

Please submit all correspondence to:

City of San Bernardino Municipal Water Department
PO Box 710, San Bernardino, CA 92402
You may also contact Customer Service by calling (909) 384-5095 during normal business hours

Privacy of Information

The San Bernardino Municipal Water Department 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/QuickPay. 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 or payments you make through the Online BillPay/QuickPay, other than to provide Online BillPay/QuickPay 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 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/QuickPay service.

The 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.

ACH (Automatic Clearing House) Transactions

To use the San Bernardino Municipal Water Department Online BillPay/QuickPay service, you may 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 San Bernardino Municipal Water Department 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 rights, 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 San Bernardino Municipal Water Department has received notice from you of your termination of such authorization in such time and in such manner as to afford the San Bernardino Municipal Water Department and your Financial Institution reasonable opportunity to act on it.

Payment Amount Limitations

The amount of funds you may use is limited by the amount of available funds you have in your ACH account, including any available overdraft protection you may have with your Financial Institution. You agree to maintain sufficient funds in your ACH account to satisfy your bill payments and that the San Bernardino Municipal Water Department will have no obligation to complete a transaction if sufficient funds are not available. Your access to your ACH account also may be limited by your agreement(s) with your Financial Institution governing the account and by applicable law and regulations.

Amendments

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

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 San Bernardino Municipal Water Department, PO Box 710, San Bernardino CA 92402, or you may contact Customer Service at (909) 384-5095 to speak with a representative.

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.