SAWS CUSTOMER PORTAL SERVICE AGREEMENT
By using San Antonio Water System ('SAWS')'s Customer Portal Service (the 'Service'),
you are agreeing to the terms and conditions of this Agreement with SAWS. The
Service is provided in part with assistance from third parties, including but
not limited to third party payment processors approved by SAWS ('Third Party
Payment Processors'). You agree we may share information with such third parties
and understand that these third parties will be allowed to use information
collected from you only as necessary to assist SAWS in providing the Service
according to the terms set forth herein.
Enrollment
To enroll in the Service, you'll provide your SAWS account number, service address,
username, email address, secret question and password in our new account form.
If all the information provided validates with our records and security measures
you will receive a confirmation message and be able to log in using the user
name and password entered into the new account form.
The Service, Generally
The Service consists of the following features:
- Electronic Bill Presentment;
- Online Bill Payment;
- Service Account Support;
- Other features and services SAWS may elect to provide from time to time under
this Agreement.
SAWS reserves the right to modify or discontinue any or all features of the
Service at any time without notice, or to offer specific features only to qualified
customers. You may elect to use one or more of the features without using them
all. Notwithstanding anything to the contrary, you are responsible for ensuring
timely payment of all bills.
Electronic Bill Presentment. ('Customer Portal Mail')
When you sign up for the Service, you will no longer receive a paper bill and
information inserts in the mail. Instead, if you select this feature,
a notification that your monthly SAWS water service bill is available will
be sent to your email address, along with a link to view the bill online. We
will not charge you fees for utilizing the electronic bill presentment service.
If you would like to continue to receive a paper bill and information inserts
by mail, you may update your online account profile.
In the event you do not receive notification (such as in the case of your providing
an invalid email address), it is your responsibility to periodically logon
to the service and check for delivery of new electronic bills. If you do not
receive your email notification, contact SAWS immediately at Call.CenterWeb@saws.org
or 210-704-7297. Failure to receive email notification will not extend
the due date of your bill and you will still be responsible for timely payment
of your bill.
Delinquent notices will be sent through postal mail only.
SAWS reserves the right to cancel the presentment of electronic bills at any
time.
You may cancel electronic bill presentment at any time. Cancellation of your
electronic bill presentment may take up to thirty (30) days.
Online Bill Payment. ('Customer Portal Bill Pay')
You may use this feature to pay your SAWS bill online, directly from your bank
account and / or using specific credit or debit cards accepted by SAWS, subject
to the terms and restrictions of this Agreement. "Payment Account"
refers to the source used for your online payment, whether it be your bank
account or your credit or debit card account. The following conditions
apply, depending on the method of payment you elect:
1. Direct Debit From Your Bank Account
Direct Debit (Automatic Payment) is an electronic payment plan designed to make
payment of your SAWS bill an automatic process. The plan neither increases
nor decreases your total bill.
Direct Debit is available to customers who bank with accredited financial institutions
capable of accepting automatic withdrawals via the Automatic Clearing House
(ACH) Network, which includes most San Antonio financial institutions.
Any customer on the Direct Debit plan may be withdrawn from the plan for 90
days if automatic withdrawal transactions are not honored by the bank for any
reason. In addition, the customer may be charged a service charge and late
payment penalty if applicable.
You must notify SAWS immediately if there is a change in your bank or bank account
where the automatic withdrawal is being administered. Billing disputes should
be discussed with a SAWS customer service associate, not the bank, at least
five business days before the date of the automatic withdrawal as shown on
your SAWS bill.
To discontinue participation in the Direct Debit plan, you must cancel Direct
Debit by using the SAWS Customer Portal or notifying a SAWS customer service
associate by calling 210- 704-7297 within five business days before the bill
due date. Once discontinuation has been completed, your payment options will
revert to the following: one-time online payment, payment by mail, or payment
in person.
Discontinuation of Direct Debit services may take up to 30 business days once
notification has been received.
2. Credit or Debit Cards Accepted by SAWS
You may make one-time payments using only those credit and debit cards accepted
by SAWS.
SAWS' Third Party Payment Processor accepts the following cards: MasterCard,
VISA, Discover, and American Express.
3. Checking and Savings
You may make one-time payments from your checking or savings account.
Your bank must be an accredited financial instruction capable of accepting automatic
withdrawals via the Automatic Clearing House (ACH) Network, which includes
most San Antonio financial institutions.
Payment Authorization And Payment Remittance
By initiating an online bill payment, you (i) authorize SAWS to follow the payment
instructions that we receive from you, (ii) certify that any Payment Account
you provide is an account from which you are authorized to make payments, and
any payment you make using the Service will debit a Payment Account that you
are legally authorized to use, (iii) authorize SAWS or Third Party Payment
Processors to debit your Payment Account and remit to SAWS funds on your behalf
so that the funds can be applied to your SAWS account, (iv) if payment is being
made through a Third Party Payment Processor, you authorize such Third Party
Payment Processor to debit your Payment Account and remit on your behalf any
applicable fees due to such Third Party Payment Processor; and (iv) authorize
SAWS to credit your Payment Account for payments returned for any reason.
In order to process payments more efficiently and effectively, we may edit or
alter payment data or data formats. However, we shall incur no liability if
the Service is unable to complete any payments initiated by you because of
the existence of any one or more of the following circumstances:
- If your Payment Account does not contain sufficient funds to complete the transaction
or the transaction would exceed the credit limit of your Payment Account;
- The payment processing center used by the Service is not working properly and
you know or have been advised about the malfunction before you execute the
transaction;
- You have not provided SAWS with the correct Payment Account information; and/or,
- Circumstances beyond our control (such as, but not limited to, fire, flood,
or interference from an outside force) interfere with the proper execution
of the transaction.
Provided none of the foregoing exceptions are applicable, if the Service causes
an incorrect amount of funds to be debited from your Payment Account, SAWS
will create a credit on your SAWS account. We do not accept scheduled payments.
All payments are considered received by SAWS on the date made until 5 p.m.
CT. Payments made after 5 p.m. CT will be considered received on the next business
day. Payments may take up to 5 business days to process and be posted to your
SAWS account, however, any such payments will not be considered late if received
by 5 p.m. CT on the due date.
Service Account Support (Customer Portal Support)
Subject to the Terms of Service (as defined below), you may use this feature
to:
1) Stop Service ' If you wish to terminate your services from SAWS, SAWS requires
at least 5 business days prior notice. Any deposit on your account will
be credited toward your final bill balance. Termination of service cannot
be processed more than 30 days in advance. Termination of services cannot
be scheduled for weekends or SAWS holidays.
2) Transfer Service- To terminate service at one address and start it at a new
address within the SAWS service area, we require at least 5 business days prior
notice. Based on service termination date, and the start service date,
a new account may be assigned to the new service address. Any deposit
on the old account will be transferred to the new service account. For
any new service account (including on service accounts created due to a transfer
service) for which you wish to utilize the Services, you must add the new service
account to the Service and make new payment arrangements.
SAWS will contact you by telephone or email if additional information is required
for your request. Otherwise, you may expect an email notification on
the day of service requested. Transfer requests can be processed no more
than 30 days in advance. Transfers cannot be scheduled for weekends or
SAWS holidays.
Failed Or Returned Transactions
In using the online bill payment feature of the Service, you are requesting
SAWS (either directly or through a Third Party Payment Processor) to make payments
for you from your Payment Account. If we are unable to complete the transaction
for any reason associated with your Payment Account (for example, there are
insufficient funds in your Payment Account to cover the transaction or your
credit limit would be exceeded), the transaction will not be completed. In
some instances, you will receive a return notice from us. In such case, you
agree that:
- You will reimburse SAWS immediately upon demand the transaction amount that
has been returned to SAWS;
- You will be responsible for any charges due under Chapter 34 of the Code of
the City of San Antonio (the 'Terms of Service');
- You will reimburse SAWS for any fees imposed by your financial institution
as a result of the return;
- You will reimburse SAWS for any fees it incurs in attempting to collect the
amount of the returned transaction from you; and,
- SAWS is authorized to report the facts concerning the returned transaction
to a credit reporting agency.
Password Policy
Use of the Service requires both log-in information and a password. During the
registration process for the Service, you must choose a unique sign-on username
("Username") and password ("Password"). Anyone with knowledge
of both a User's User I.D. and Password can gain access to the Service and
the information that is available regarding your account. Accordingly, you
must keep your Password confidential. By agreeing to the terms and conditions
of this Agreement, you agree to be solely responsible for the confidentiality
and use of your Password, as well as for any communications entered on or funds
transfers authorized through this Service using your Password.
As a condition of use, you must tell us at once if you believe your Password
has been lost or stolen or that someone has transferred or may transfer money
from your account without your permission. You may contact us 24 hours a day:
• Email: service@saws.org
• Phone: (210) 704-SAWS (704-7297)
SAWS reserves the right to reset any Passwords.
Address Or Banking Changes
It is your sole responsibility to ensure that the contact information in your
user profile is current and accurate. This includes, but is not limited to,
name, address, phone number and email address. Changes can be made either within
the application or by contacting Customer Service. Any changes in your Payment
Account information should also be made in accordance with the procedures outlined
within the Service. All changes made are effective immediately for scheduled
and future payments paid from the updated Payment Account information. SAWS
is not responsible for any payment processing errors or fees incurred if you
do not provide accurate Payment Account or contact information.
Service Termination, Cancellation, Or Suspension
Any payment(s) already processed before the requested cancellation date will
be processed by the Service. SAWS may terminate or suspend the Service to you
at any time. Neither termination nor suspension shall affect your liability
or obligations under this Agreement.
Cancelling your online account will not cancel any pending payments that are
'Scheduled' or 'In Process.' Pending payments will still be processed
by the date requested. If you want to cancel pending payments at the
time you cancel your online account enrollment, you must first cancel the pending
payment(s) and then cancel your online enrollment. Payments that are
'In Process' status cannot be cancelled and will be processed by the date requested.
Service Fees And Additional Charges
Unless SAWS determines that additional fees you owe to third parties resulted
from incorrect debits by SAWS, you are responsible for any and all third party
fees, including but not limited to your banking fees, your credit card company
fees, Third Party Payment Processor fees, telephone access fees and/or Internet
service fees that may be assessed by your bank(s), credit card company( ies),Third
Party Payment Processor(s), your telephone provider(s) and/or Internet service
provider(s).
Confidentiality and Security on Internet
Use of this Service is solely at your own risk and is subject to all applicable
local, state, national and international laws and regulations. Although SAWS
has endeavored to create a secure and reliable Service, the confidentiality
of any communication transmitted over the Internet cannot be guaranteed. Accordingly,
SAWS and its affiliates are not responsible for the security of any information
transmitted via the Internet. Actual or attempted unauthorized use of this
Service may result in criminal and/or civil prosecution. For your protection,
SAWS reserves the right to view, monitor and record activity on the Service
without notice or permission from you.
In addition to our statement with respect to Your Account Privacy Options located
at
https://www.saws.org/privacy/
(the 'Privacy Statement'), SAWS will store and protect this information in the same
manner we store and protect other personally identifying customer information.
We may disclose information to third parties about your account or the transfers
you make as discussed in our Privacy Statement, including:
(i) Where it is necessary for completing transactions (for example, to a payment
processing service), or (ii) In order to verify the existence and condition
of your account for a third party, such as a credit bureau or (iii) To respond
to information requests of governmental authorities or where required by law
or regulation (including the Texas Public Information Act), or (iv) If you
give us your written permission.
We also reserve the right to provide non-personally identifying information
such as aggregate data to third parties.
SAWS is not responsible for any breach of its security or for the actions of
any third parties that may obtain any personal information. Users of this service
may review and correct personal information about them maintained by SAWS within
the Service. SAWS will not be responsible for any loss resulting from a cause
over which it does not have direct control, including, but not limited to,
failure of electronic or mechanical equipment or communication lines, telephone
or other interconnect problems, computer viruses, unauthorized access, theft,
operator errors, severe weather, earthquakes, or natural disasters, strikes
or other labor problems, wars or governmental restrictions.
Alterations And Amendments
This Agreement, applicable fees and service charges may be altered or amended
by SAWS from time to time. Any use of the Service after SAWS provides you a
notice of changes will constitute your agreement to such change(s). Further,
SAWS may from time to time revise or update the applications, services, and/or
related material, which may render all such prior versions obsolete. Consequently,
SAWS reserves the right to terminate this Agreement as to all such prior versions
of the applications, services, and/or related material and limit access to
only the more recent revisions and updates.
Exclusions Of Warranties
THE SERVICE AND RELATED DOCUMENTATION ARE PROVIDED "AS IS" WITHOUT
WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED
TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE. YOU ARE SOLELY RESPONSIBLE FOR TIMELY PAYMENT OF ALL WATER AND SEWER
SERVICE BILLS.
Other Terms and Conditions
The terms and conditions set forth herein are in addition to and are not by
way of limitation to any Terms of Service or tariffs or other regulations governing
the terms and conditions pursuant to which SAWS provides you water and related
services or the terms and conditions pursuant to which SAWS provides you use
of the SAWS website.
Applicable Law & Venue
This Agreement shall be governed by and construed in accordance with the laws
of Texas, without regard to the choice of law or conflict of law rules thereof.
Venue for any action or proceedings arising under or pertaining to this Agreement
shall be exclusively in Bexar County, Texas.
Entire Agreement
In the event of a dispute regarding the service, you and SAWS agree to resolve
the dispute by looking to this Agreement. You agree that this Agreement is
the complete and exclusive statement of the agreement between you and SAWS
which supersedes any proposal or prior agreement, oral or written, and any
other communications between you and SAWS relating to the subject matter of
this Agreement. If there is a conflict between what a representative of SAWS
or Customer Service Department says and the terms of this Agreement, the terms
of this Agreement will prevail.
Assignment
You may not assign this Agreement to any other party. SAWS may assign this Agreement
or assign or delegate certain of its rights and responsibilities under this
Agreement to independent contractors or other third parties.
No Waiver
SAWS shall not be deemed to have waived any of its rights or remedies hereunder
unless such waiver is in writing and signed by SAWS. No delay or omission on
the part of SAWS in exercising any rights or remedies shall operate as a waiver
of such rights or remedies or any other rights or remedies. A waiver on any
one occasion shall not be construed as a bar or waiver of any rights or remedies
on future occasions.
Captions
The captions of sections hereof are for convenience only and shall not control
or affect the meaning or construction of any of the provisions of this Agreement.
Partial Invalidity
If any provision of this Agreement is found invalid or unenforceable, that provision
will be enforced to the maximum extent permissible, and the other provisions
of this Agreement will remain in force.
Registration; Participation; Limitation
When registering with SAWS for Online Account Management Service, you represent
and warrant that: ( i) you are 18 years old or older; (ii) you are using your
actual identity and that any information you provide to SAWS is accurate and
complete; and (iii) your registration with SAWS will not violate any local,
state, national or international laws or regulations.
3/04/04
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