BILL PRESENTMENT SERVICE
By providing your account number, you authorize the City of San Diego ("City") to forward and electronically present your billing data to the City's biller direct site (www.sandiego.gov) for electronic bill presentment. You may choose to remit payment to the City using any method offered by the City, including this City's payment service (the "Service").
This agreement does not alter your liability or obligations that exist between you and the City using this or any other methods of payment, nor does it conflict with the City's Privacy Notice.
The FAQs link on the main page of this service provides additional information regarding this service.
AUTHENTICATION AND AUTHORIZATION FOR SERVICE USAGE
- The Service will use commercially reasonable methods to authenticate the information that you have supplied during enrollment. You will not be able to submit payments until the Service completes authentication. As the user of this Service, and upon acceptance of these Terms and Conditions, you will have or will be required to submit Banking Account information to remit payment. You represent and warrant that you are an authorized signer on the account(s) provided herein. You bear the burden of any legal, regulatory, or otherwise, penalties and fees that may be assessed by supplying false information to the Service.
- You must be an authorized signer on the business accounts from which you choose to pay the Service.
- You hereby authorize the City, to initiate debit entries to your designated account per the instructions submitted. Each time you enter a new Banking Account number, you will be asked to reauthorize the debiting of that specific account. This authorization will remain in full force and effect until the City has received written notification from you of its termination. The notice must be provided within such time and manner as to afford the City and the Financial Institution a reasonable opportunity to act.
BILL PAYMENT SERVICE
By providing the Service with your transaction account information, you authorize the Service to debit your account and remit payments to the City on your behalf. When you submit a payment instruction, you authorize the Service to debit your account and remit funds so that they arrive at the City as close as reasonably possible from the date they were initiated. It is recommended that all payments or transfers be scheduled to transact at least four (4) business days before the actual due date. (Business days are Monday through Friday, except for banking holidays. "Banking Holidays" shall mean all federal banking holidays). Scheduling a payment to be sent less than four (4) Business days prior to the actual due date will cause you to risk incurring, and to assume responsibility for paying, any and all accessed late charges or penalties, or in the case of your /water/sewer bill may result in the termination of water service. Payment instructions received after 1:00 P.M. (Pacific Time Zone) will transact on the following Business day.
IN THE EVENT A SERVICE TRANSACTION IS RETURNED
The Service will use its best efforts to process all of your payments properly. However, neither the Service nor the City shall incur liability if the Service is unable to complete any payments initiated by you due to one or more of the following:
- You have not provided the Service with the correct name or account information for the City;
- Your transaction account does not contain sufficient funds to complete the payment, or the payment would exceed the credit limit of your overdraft account;
- A legal order directs the Service to prohibit withdrawals from the transaction account, or it has been closed or frozen;
- Before you execute the transaction, you know or have been advised by the Service that a malfunction has prevented the bill payment-processing center (or any part of the electronic funds transfer) from working properly; or
- Forces beyond the Service's control (such as, but not limited to, fire, flood, earthquake, or interference from an outside force) that prevents the proper execution or processing of the payment, though the Service has taken reasonable precautions to avoid such circumstances. Provided none of the above five (5) exceptions apply, the Service shall return improperly transferred funds to your transaction account if it causes an incorrect amount of funds to be removed or directs funds from your transaction account to the City that do not comply with your payment instructions.
IN NO EVENT SHALL THE SERVICE BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING LOST PROFITS (EVEN IF THE CITY OR SERVICE WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING IN ANY WAY OUT OF THE INSTALLATION, USE, OR MAINTENANCE OF THE EQUIPMENT, SOFTWARE, AND/OR THE SERVICE.
EXCLUSIONS OF WARRANTIES
THE SERVICE AND RELATED DOCUMENTATION ARE PROVIDED "AS IS" WITHOUT ANY WARRANTY OF ANY KIND EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
PASSWORD AND SECURITY
You agree not to give or make available your Service user ID or/and password or other means to access your transaction account to any unauthorized individuals. You agree to only access billing data through this interface or authorized third party interfaces. You are responsible for all bill payments applied to your account through use of this Service. If you believe that your bill payment password or other means to access your transaction account has been lost or stolen or that someone may attempt to use the Service without your consent or has transferred money without your permission, you must notify the City at once or cancel the Service for your account.
ERRORS AND QUESTIONS
In case of errors or questions about your transactions, you should notify the City in writing immediately. You must do the following:
- Provide your name and account number.
- Explain the error or the transaction you are unsure about, and explain as clearly as you can why you believe it is in error or why you need more information.
- Include the dollar amount of the suspected error. If received orally, you may be required to send your complaint in writing within ten (10) business days. Typically, results of the investigation will be communicated within ten (10) business days after receipt of your written notice, and any error will be corrected promptly. If necessary, up to an additional forty-five (45) calendar days may be taken to investigate your complaint or question. Under those circumstances, the termination of water service may be delayed pending resolution of the investigation. Your transaction account may not receive a provisional credit. If determined that there was no error, a written explanation will be mailed within three (3) business days after the completion of the investigation. You may ask for copies of all documents used to complete the investigation.
DISCLOSURE OF ACCOUNT INFORMATION TO THIRD PARTIES
The Service will disclose information to third parties about your account or scheduled transactions ONLY in the following situations:
- When required to complete transactions.
- In order to comply with a governmental agency or court order.
- With your written permission.
The City does not charge you fees or charges for you to use this Service. However, fees associated with your standard deposit accounts will continue to apply. All telephone access fees and /or Internet service fees assessed by your telephone and/or Internet service or payment providers will also continue to apply.
ALTERATIONS AND AMENDMENTS
The terms of this agreement may be altered or amended from time to time. In such event, the Service shall attempt to provide a notice of change. Any use of the Service after it provides a notice of change will constitute your agreement to such change(s). Further, occasionally the Service may revise or update the programs, services, and /or related materials, which make up all such prior versions, and limit access to those revisions or updates.
ADDRESS OR BANKING CHANGES
Any change to the information submitted at enrollment will be made available to you within the Service. Changes will be submitted to the City and updated in a commercially reasonable time frame.
TERMINATION OR DISCONTINUATION
The Service may terminate your use of this bill payment service at any time. You may terminate or discontinue your use of this service at any time. Termination or discontinuance of this service does not eliminate your responsibility to pay for Water and Sewer services.
In the event of a dispute regarding the Service, you agree to resolve the dispute by looking to this Agreement. You accept that this Agreement is the complete and exclusive statement of the arrangement between you and the Service, which supersedes any proposal or prior promise, oral or written, and any other communications between you and the Service relating to the subject matter of this Agreement. If there is a conflict between what one of Service's employees says and the terms of this Agreement, the terms of this Agreement will prevail.
You may not assign your rights or obligations under this agreement to any other party. However, the Service may assign or delegate its rights or obligations under this agreement to any company with which it is directly or indirectly affiliated. The Service may also assign or delegate certain of its rights and responsibilities under this agreement to independent contractors or other third parties. The Service reserves the right to terminate access to any account(s) enrolled in the Service at any time. The Service also reserves the right to change any charges, fees, or terms described in the Services' Terms and Conditions.
The Service shall not be deemed to have waived any of its rights or remedies outlined herein unless such waiver is in writing and signed by the Service. No delay or omission on the part of the Service in exercising any rights or remedies shall operate as a waiver of these or any other rights or remedies. A waiver on any one occasion shall not be construed as a bar or waiver of any future rights or remedies.
The captions of sections hereof are for convenience only, and shall not control or affect the meaning or construction of any of the provisions for this Agreement.
In addition to these terms and conditions, you agree to be bound by and will comply with the requirements of the applicable Account Disclosure Statement, the City's rules and regulations, the rules and regulations of any funds transfer system to which the City uses such as the National Automated Clearing House Association (NACHA), and applicable state and federal laws and regulations. The City agrees to be bound by them also.
This agreement shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflicts of laws provisions. Any action or proceeding arising in connection with this Agreement shall be tried and litigated exclusively in the state or federal (if permitted by law and a party elects to file an action in federal court) court located in San Diego County. The choice of venue is intended by the parties to be mandatory and not permissive in nature, and to preclude the possibility of litigation between parties with respect to, or arising out of, this Agreement in any jurisdiction other than specified in this section. Each party waives any right it may have to assert the doctrine of forum non conveniens or similar doctrine or to object to the venue with respect to any proceedings brought in accordance with this section.
YOU SHOULD PRINT AND RETAIN THIS DOCUMENT FOR SAFEKEEPING AND REFERENCE AT ANY TIME DURING USAGE OF THE SERVICE. I HAVE READ AND UNDERSTAND THE PRECEDING AGREEMENT AND CONSENT TO BE BOUND BY ALL OF ITS TERMS, AND ANY AMENDMENTS, WHICH MAY BE MADE OCCASIONALLY IN THE FUTURE.