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TERMS OF SERVICE

West Valley Water District Online Payments Terms of Service Agreement

IT IS IMPORTANT THAT YOU READ THIS:

By accessing or using the West Valley Water District Online Payments 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.

By enrolling in West Valley Water District Online Payments, Customer shall have the option to choose whether bills are made available (1) "Electronic Only", or (2) "Electronic and Paper Copy." If Customer chooses Electronic Only, Customer shall only have the option to view the bill online. Customer will NOT continue to receive a one-page bill summary through regular U.S. Mail. Customer will receive regular e-mails to announce the online availability of each new invoice.

Customer may cancel West Valley Water District Online Payments at any time by designating as such online; thereafter, Customer will receive regular Paper Copy billing. Customer shall promptly notify West Valley Water District in any event if it fails to receive any form of billing.

Online Payments Service is provided to you to facilitate access to view and pay your West Valley Water District accounts online. The Online Payments Service sends information about your account directly to your email address and allows you to pay online. This email will include a digital copy of your bill. InfoSend, a third party vendor that specializes in bill processing and presentment, hosts the service.

West Valley Water District will make every reasonable effort to ensure full performance of the Online Payments 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").

  • West Valley Water District will never send you an e-mail requesting you to validate personal information.
  • West Valley Water District will never ask you to update your social security number, date of birth, or driver's license number via e-mail.
  • Once you have enrolled in Online Payments, you can update your personal information by logging into your account.

West Valley Water District does not make any warranties concerning the Online Payments 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 West Valley Water District makes no warranties other than those expressly set forth in this agreement. The West Valley Water District 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.

Customer understands that it has sole responsibility for the security of the Password. Customer is solely responsible for notifying West Valley Water District of the theft or loss of a Password. West Valley Water District will not be liable for any actions, claims, costs, damages or expenses arising from a stolen or lost Password.

Privacy of Information

The West Valley Water District 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 Payments. 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, your Credit Card or payments you make through the Online Payments, other than to provide Online Payments or comply with applicable laws or regulations, including government agency or court orders, unless you otherwise expressly agree.

If you choose to send us e-mail that includes personal information, we will generally use the information only to respond to your message and for no other purposes. Occasionally, however, we may forward your e-mail to a different department that may be better able to help you. Your e-mail address may also be entered on your water account for future reference and for correspondence purposes by District staff. We do not use the information to create personal profiles or give it to others for commercial use or other purposes. If you send us a threat or a message that describes or promotes unlawful activity, we may share it with law enforcement authorities.

This web site currently does use "cookies" (the simple text files stored on your computer by your web browser that are used for applications purposes and as part of the authentication process). No sensitive information is stored in these cookies.

You agree that you will not intentionally provide false information when accessing or using our Online Payments 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 Payments service.

The Online Payments 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.

West Valley Water District's Web site may contain links to third party websites. When you link to an outside Web site, you are no longer on our site and are subject to privacy and other practices of the new site. West Valley Water District is not responsible for the practices or content of these or any other sites.

Credit Card

To use Online Payments, you must designate an eligible deposit or other asset account accessible by a credit card or debit card ("Credit Card") at a bank or other eligible financial institution (your "Financial Institution") from which payments will be made using Online Payments. You agree that, by scheduling automatic recurring payments or a single payment, you authorize the West Valley Water District to initiate debit entries to your Credit Card in such amount(s). You also must authorize your Financial Institution to debit your Credit Card in the amount of such payments. You represent that you have all necessary right, power, and authority to authorize each such payment, and that you will take such steps as your Financial Institution requires 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 West Valley Water District and your Financial Institution reasonable opportunity to act on it.

Payment Amount Limitation

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

Payment Processing

Online Payments 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 Payments, or for any failure to update any information, for whatever reason. Payments received will be credited your account the next business day. 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 West Valley Water District for payments not timely made. Late fees for payments made using Online Payments are the same as the late fees charged for mailed payments.

Fees

West Valley Water District does not charge you any fees for using Online Payments. However, your Financial Institution may charge you fees related to your Credit Card, including transaction fees or fees for attempting transfers without sufficient funds. If a transaction is not honored by your bank for a lack of credit availability, insufficient funds, or incorrect bank account information a fee may be charged to your account. Your access to Online Payments may be suspended or terminated for repeated occurrences.

Unauthorized Transfers

If you believe that someone has improperly accessed your Credit Card through Online Payments without your permission, contact the West Valley Water District 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 Payments

You may choose to cancel Online Payments at any time with no fee. If you wish to discontinue automatic recurring payments while still using Online Payments to pay individual bills, you may cancel by un-enrolling from automatic recurring payments AND sending a cancellation notice to the address shown below under "Notices." Your termination request to discontinue automatic recurring payments must be received during our normal business hours at least two business days prior to the scheduled automatic recurring payment date. Note: automatic recurring payments are scheduled for five calendar days, (except for federal banking holidays), prior to the bill due date.

The West Valley Water District may suspend or terminate your access to Online Payments 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 West Valley Water District will not be liable for any failure to do so. Neither termination nor discontinuation of Online Payments shall affect your liability for transactions initiated through Online Payments using your password.

Notices to West Valley Water District

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

West Valley Water District
P.O. Box 920
Rialto, CA 92377

Phone: (909) 875-1804

Amendments

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

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 the Customer Service Department. 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 thirty (30) 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.