Electronic Bill Payment Service Agreement
This Electronic Bill Payment Service Agreement (the “Agreement”) governs your use of the E-BillPay Service (the “Service”) offered by Recology and its subsidiaries (“Recology”). As used in this Agreement, the words “customer,” “you” and “your” refer to the customer using the Service; the words “we,” “us” and “our” refer to Recology.
By checking the ‘I agree…’ box on the enrollment page, you authorize us, our financial institutions and agents and your Bank (defined below) to deduct funds electronically from your Bank Account (defined below) in the amount you have authorized. Your authorization will remain in effect until we have received written notification from you terminating such authority, which you may do at any time without charge. If you cancel the Service, all future Recology bills will be provided to you in paper form by mail. In the event you have a credit balance (due to any error in payments or otherwise), the credit will be used for future payments or you may request a refund by e-mail, regular mail or telephone.
The E-BillPay Service is an Internet-based service that allows electronic delivery and payment of Recology statements. If you want to receive e-mail notifications of your electronic statements (“E-BillPay Statements”) that are rendered by Recology, you will have to select that option from the “My Profile” screen of the applicable Recology subsidiary E-BillPay Website provided by Recology at RecologyEbillPay.com (the “E-BillPay Website”).
You are responsible to check periodically for E-BillPay Statements. Once a bill has been printed, you may, for eighteen (18) months, obtain a copy of the E-BillPay Statement through the E-BillPay Website. Statements will be deemed “delivered” to you on the date that Recology posts the statement. You will have the option to modify your e-mail address.
3. YOUR PASSWORD.
You must use a password (“Password”) to access the Service. Your Password has the same effect as your written signature in connection with the Service and is the only identification we will require prior to transferring funds from your Bank Account. We may rely on instructions received after you have accessed the Service, until you have notified us in writing (including by e-mail) of your revocation of the Password. If you authorize any other person to use your Password, Recology and the bank which maintains your Bank Account (your “Bank”) will be entitled to rely on any payment orders or other instructions made by such person. WE WILL RELY ON YOUR PASSWORD IN INITIATING BILL PAYMENT TRANSACTIONS. AS LONG AS WE COMPLY WITH INSTRUCTIONS GIVEN THROUGH USE OF YOUR PASSWORD, YOU AGREE THAT WE WILL HAVE NO LIABILITY TO YOU FOR ANY LOSSES OR DAMAGES AS A RESULT OF YOU LOSING, MISPLACING OR DISCLOSING YOUR PASSWORD TO ANY THIRD PARTY, OR FOR ANY UNAUTHORIZED USE OF YOUR PASSWORD.
4. E-BILLPAY SERVICE.
4.1 AUTHORIZATION TO PAY E-BILLPAY STATEMENTS.
a) After reviewing an E-BillPay Statement, you may use the Service to instruct your Bank to pay the statement from funds held in your Bank Account. Alternatively, and when available, you will be able to instruct your Bank to pay our statements automatically and without further instructions on a periodic basis. Payments you make will be posted on the E-BillPay Website; we will not send to you a paper copy of statements or of confirmations of payments.
b) If for any reason you would like to cancel an electronic bill payment that you have authorized and we have not yet executed the transaction, you may do so on-line and we will use reasonable commercial efforts to cancel the transaction.
4.2 SCHEDULING PAYMENTS.
You will be able to designate on the E-BillPay Website the dates on which payments are to be made. If a technical problem beyond our control prevents a transfer on the scheduled date, the transfer will be made as soon as the problem is solved. In such event, you will be deemed to have made the payment on the date you scheduled the transfer to occur.
4.3 RESTRICTIONS ON TRANSFERS.
a) Access to your Bank Account may be limited by your agreement with your Bank and by applicable law and regulations. For example, federal regulations limit the number of transactions that can be made each month from certain savings and money market deposit accounts. We may from time to time set our own eligibility requirements for Bank Accounts.
b) You may not give instructions to transfer funds in excess of the amount of available funds you have in your Bank Account, plus any available overdraft protection. If you give instructions to pay an E-BillPay Statement through the Service and there are insufficient funds in your Bank Account to complete the transaction, you are still required to pay us the amount of the statement by the due date set forth in the statement. Subject to applicable laws, we may charge you a fee for any E-BillPay payment which fails to clear due to insufficient funds. The charge will be added to the following month’s statement.
4.4 AUTHORITY OVER BANK ACCOUNT.
By designating the Bank Account as the account from which we may deduct funds, you hereby represent that such account is an eligible checking account and that you have necessary power and authority to authorize payments from such account.
5. SERVICE TERMINATION.
5.1 SERVICE TERMINATION BY CUSTOMER.
If you wish to discontinue the Service, you must cancel by contacting your customer service representative at the telephone number on your E-BillPay Statement.
Your termination of the Service will be effective no later than ten days after we receive your request.
5.2 SERVICE TERMINATION BY RECOLOGY.
Recology may suspend or terminate your access to the Service or discontinue the Service at any time, without notice and for any reason. The preceding sentence notwithstanding, we may in our discretion give you notice of any such action. Neither termination nor discontinuation of the Service will relieve you of any obligation you have to pay us for services rendered. If we terminate the Service, we will cancel transactions you have scheduled for dates after the effective date of termination.
6. VERIFICATION AND PRIVACY OF INFORMATION.
Recology may receive information about you in connection with your use of the Service. Recology will not rent, sell or otherwise make available to any third party any information that identifies you, your Bank Account or payments you make through the Service. The preceding sentence notwithstanding, we may disclose such information to our vendors and subcontractors where necessary to allow us to provide the Service to you, or to comply with applicable laws, regulations, or court or agency orders.
7. OUR LIABILITY IS LIMITED.
We will not be liable for delays in completing transactions or mistakes which happen because of reasons beyond our control, including, but not limited to, acts of civil, military or banking authorities, fire, flood, systems failure, national emergencies, insurrection, war, riots, failure of transportation, communication or power supply, or malfunctions of our equipment.
Our liability with regard to the provision or failure to provide the services hereunder will be limited as follows: (i) with respect to a specific transaction, our liability will not exceed the amount of that transaction and (ii) in all other circumstances, our liability will not exceed the amount of all of your transactions completed in the ninety days prior to the day on which the claim arose. IN NO EVENT WILL WE BE LIABLE FOR CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES, EVEN IF YOU HAVE ADVISED US OF THE POSSIBILITY OF SUCH DAMAGES. The foregoing liability limitation may be restricted or prohibited by applicable law, and may not apply to you.
8.1 GOVERNING LAW.
This Agreement will be governed by the laws of the State of California, as applied to contracts made and performed within California.
We may amend the terms of this Agreement, at any time in our sole discretion. Such amendment may be accomplished through a posting to the E-BillPay Website. Any use by you of the Service after we post such an amendment will constitute your agreement to such amendment.
8.3 ENTIRE AGREEMENT.
This Agreement states the entire agreement between you and us regarding the Service. No waivers or amendments of this Agreement will be effective unless expressed in (i) a document posted by Recology on the E-BillPay Website, or (ii) a writing signed by an authorized representative of Recology.