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:

  1. Electronic Bill Presentment;
  2. Online Bill Payment;
  3. Service Account Support;
  4. 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:

  1. 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;
  2. 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;
  3. You have not provided SAWS with the correct Payment Account information; and/or,
  4. 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:

  1. You will reimburse SAWS immediately upon demand the transaction amount that has been returned to SAWS;
  2. You will be responsible for any charges due under Chapter 34 of the Code of the City of San Antonio (the 'Terms of Service');
  3. You will reimburse SAWS for any fees imposed by your financial institution as a result of the return;
  4. You will reimburse SAWS for any fees it incurs in attempting to collect the amount of the returned transaction from you; and,
  5. 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 http://www.saws.org/service/privacy.cfm (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.