TERMS OF SERVICE

Tahoe City Public Utility District Online BillPay Terms of Service Agreement

IMPORTANT NOTICE

By accessing or using the Tahoe City Public Utility District (“TCPUD”) Online BillPay website, you agree to be bound by all terms and conditions of this Agreement ("Agreement"). TCPUD may modify this Agreement at any time, and such modifications will become effective immediately upon posting of the modified Agreement. By continuing to use the Online BillPay service after modifications are posted, you will be deemed to have reviewed, agreed to, and accepted the modified Agreement.

Use of the Online BillPay service is subject to this Agreement, and to the Privacy Policy available on our website.

Online BillPay Service

The Online BillPay Service is hosted by InfoSend, a third party vendor specializing in bill processing and presentment. The service allows you to view and pay your TCPUD account(s) online. InfoSend sends billing information directly to your email address, including a digital copy of your bill, and provides the ability to make electronic payments.

TCPUD will make every reasonable effort to ensure full performance of the Online BillPay service and, on a timely basis, work with you to resolve any problems or disputes that may arise. We do not assume responsibility for malfunctions in public communication facilities outside of our control that may affect the accuracy or timeliness of email messages you receive.

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

Internet and Email Fraud (Phishing)

To protect your information:

Disclaimer of Warranties and Limitation of Liability

TCPUD 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 TCPUD makes no warranties other than those expressly set forth in this Agreement. The TCPUD is not liable for any damages of any kind arising from the use of the Online BillPay service, including, but not limited to, direct, indirect, incidental, consequential and punitive damages. You expressly agree that your use of this service is at your sole risk.

Payment Processing

Online BillPay is designed to be available seven days a week, 24 hours a day. We update account balances and activity information daily, Monday through Friday, excluding holidays. However, we are not liable for any inability to access Online BillPay, or for any failure to update any information, for whatever reason. Payments received before 4:30 PM Pacific Time, Monday through Friday, will be credited to your account within 2 business days. Payments made after 4:30 PM Pacific Time, Monday through Friday, or on weekends and holidays, will be credited to your account within 3 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 TCPUD for payments not timely made or received. Late fees for payments made using Online BillPay are the same as the late fees charged for mailed payments.

FeesCredit/Debit Card

To use Online BillPay, you must designate an eligible deposit or other asset account accessible by a credit card or debit card ("Credit/Debit Card") at a financial institution (your "Financial Institution") from which payments will be made. By scheduling a payment, you authorize TCPUD to initiate debit entries to your Credit/Debit Card in the specified amount(s), and to initiate any debit or credit entries to your Credit/Debit Card necessary to correct any errors in a payment. You must also authorize your Financial Institution to process these transactions.

You represent that you have authority to authorize such payments, and that you will take any steps required by your Financial Institution to complete authorization. The authorization remains in effect until TCPUD has received written notice of termination in sufficient time to act on it.

Fees

TCPUD does not charge you any fees for Online BillPay. However, your Financial Institution may charge fees related to your Credit/Debit Card, including transaction fees or fees for insufficient funds. If a transaction is not honored by your Financial Institution, a fee may be charged to your TCPUD account.

Unauthorized Transfers

If you believe that someone has improperly accessed your Credit/Debit Card through Online BillPay, immediately notify TCPUD and your Financial Institution. You are solely responsible for unauthorized transfers, although your Financial Institution may provide some form of fraud protection.

Privacy and Use of Information

The TCPUD is committed to protecting your privacy. You acknowledge that TCPUD and our authorized vendor may collect and receive certain private and confidential information in connection with your use of Online BillPay service, including, but are not limited to, your name, mailing address, email address, and any updates to such information.

TCPUD may use this information for purposes related to the administration and operation of your utility account, as well as for other TCPUD purposes not directly related to Online BillPay. Such purposes may include, but are not limited to, communicating important information to customers, such as service notifications, emergency alerts, and project updates, through a mass notification system, project-specific email lists, and other communication methods.

TCPUD will not rent, sell or otherwise disclose to any third party any private or confidential information that personally identifies you, your credit/debit card, or any payments made through the Online BillPay service, except as necessary to provide the Online BillPay service, to comply with applicable laws or regulations, or in response to lawful requests from government agencies or court orders, unless you otherwise expressly authorize otherwise. You agree that you will not intentionally provide false or misleading information when accessing or using the Online BillPay services. You further agree not to falsify, forge, or otherwise tamper with any information in emails or other communications you receive in connection with 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. The Online Payment server software conforms to industry standards utilizing Secure Sockets Layer (SSL) technology to secure commerce transactions.

Termination of Online BillPay

You may choose to cancel Online BillPay at any time by sending a cancellation notice to the address shown below under Notices. Neither termination nor discontinuation of Online BillPay affects your liability for transactions initiated prior to cancellation.

Notices to Tahoe City Public Utility District

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

Tahoe City Public Utility District
PO Box 5309
221 Fairway Drive
Tahoe City CA 96145
530.580.6277

Payment Amount Limitations

The amount of funds you may use is limited by the amount of available funds you have through use of your Credit/Debit Card, including overdraft protection. You agree to maintain sufficient funds to satisfy bill payments. TCPUD is not obligated to complete a transaction if sufficient funds are unavailable. Your use of your Credit/Debit Card is also limited by your agreement(s) with your Financial Institution and applicable law.

Amendments

The terms of the Agreement may be modified or amended by the TCPUD 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 Online BillPay website or TCPUD’s 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 is governed by and in accordance with the laws of the State of California, without regard to its conflict-of-law provisions. Any action or proceeding arising out of or relating to this Agreement shall be brought in a court of competent jurisdiction in the County of Placer or County of El Dorado, California. Before initiating any action or proceeding related in any way to this Agreement, you must first comply with the provisions of the California Government Claims Act (Government Code Section 810 et seq.).

Use of Electronic Communication

By accepting this Agreement or otherwise using the Online BillPay service, you agree that all disclosures, notices, and communications related to this service, including this Agreement, may be provided electronically by the TCPUD in accordance with applicable law. Such electronic communications may include, but are not limited to, postings on the TCPUD website or transmissions sent directly to you. Any electronic disclosure or communication will be considered delivered at the time it is posted or transmitted by TCPUD.

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 TCPUD. See Section titled "Notices to Tahoe City Public Utility District" for mailing address. 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 four weeks.

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 TCPUD in the event that they experience issues that may affect the security, availability or privacy of the services they are utilizing.