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Culligan WaterCo of the Hudson Valley - Terms and Conditions

Terms and conditions

TERMS AND CONDITIONS OF ONLINE BILL PAY, A BILL DELIVERY AND PAYMENT SERVICE OFFERED BY Culligan WaterCo of the Hudson Valley

PRIVACY POLICY

We are totally committed to protecting your privacy. When you make a payment against your balance, we collect your name, billing address, and credit card information. We do not use cookies. We will never sell any collected information to anyone.

SECURITY POLICY

Your payment and personal information is always safe. Utilizing the TSYS SSL TLSv1 gateway, all of your personal information is encrypted so that it cannot be read over the internet. Once your payment transaction is completed, no unencrypted credit card information is stored on any public server.

REFUND/CREDIT POLICY

All sales are final. Payments made in error are either a) Refunded to the payer’s credit card or b) Left as a credit to be applied to future balances on the payer’s account. See “ERRORS AND QUESTIONS ABOUT YOUR PAYMENTS” on this page for specific details.

ELECTRONIC DISCLOSURE AND CONSENT

You agree we may provide you with information about the Service by electronic communication such as any notice, communication, amendment or replacement to the Agreement, or disclosure required to be provided orally or in writing to you. You are deemed to have received any electronic communication provided to you when they are made available to you. You may print the communication from your computer if you have the hardware and software described below. To retain an electronic copy simply highlight the text of this Agreement and use your copy command. Then open an application such as Word or Notepad and use the paste command to paste the text of the Agreement into the application. Please ensure that you save the Agreement in the application to a file of your choice.

In order for you to access and retain electronic communication in connection with the Service, your system must meet the following requirements:

Access to the Internet via an Internet Service Provider (ISP).
Connection to the Internet via a Secure Sockets Layer (SSL) compatible 128-bit browser, such as: Microsoft Internet Explorer version 5.0 or later;
Netscape Navigator or Communicator version 6.2 or later.
Enabled JavaScript in your browser software.

GENERAL TERMS / RELATION TO OTHER AGREEMENTS

By using the Service you agree to the terms and conditions of this Agreement, as may be amended from time to time according to its terms. You further agree that your enrollment in Bill Pay constitutes you acknowledgement that you have read the Agreement and have printed and retained a copy for your records.

Your use of the Service may also be affected by other agreements between you and your financial institution and/or Payee. When you use the Service you do not change the account agreements you already have for any accounts used in the Service, including your Funding Accounts. For example, when you use your credit card account as the Funding Account, you do so under the terms and conditions provided for in the credit card account or consumer finance loan account agreements. You should review those account agreements for any applicable fees and other restrictions which might be impacted by your use of the Service.

You acknowledge and agree that the Service is intended to only provide for the payment of bills. The Service does not in any way warrant, guarantee or otherwise ensure the quality, safety, or legality of any goods or services received by you from any Payee that is paid through the Service. This Agreement does not alter your liability or obligations that currently exist between you and your Payee.

SERVICE DEFINITIONS

"Agreement" means these Terms and Conditions of bill pay.

"Business Day" is every Monday through Friday, excluding Federal Reserve Bank holidays.

"Due Date" is the date reflected on your Payee bill by which the payment is due.

"Funding Account" is the checking account or credit card account from which payments will be debited or charged.

"In-Network Payment" means a bill payment made with your credit card Funding Account to a (Payee) merchant which accepts credit cards through Bill Pay. This transaction is a Purchase and enjoys a grace period (if any) under the terms of your Credit Card Agreement. If your credit card has a rewards or points program, your bill payments are eligible to earn rewards or points. These in-network transactions are typical credit card Purchases, unlike out-of-network transactions.

"Out-of-Network Payment" means a bill payment made with your credit card Funding Account to a Payee (merchant) which does not accept credit cards through Bill Pay. This transaction is a Cash Equivalent, not a Purchase. Cash Equivalents are similar to cash advances but enjoy a grace period (if any) under the terms of your Credit Card Agreement. There is no Cash Equivalent transaction fee for out-of-network transactions. These bill payments do not earn rewards or points. Cash Equivalents have limited dispute rights, such as whether the payment was properly made. You cannot dispute the goods or services already purchased.

"Payee" is the entity or merchant, having a U.S. mailing address that you want to pay using the Service.

"Payment Instruction" is the information provided by you to the Service for a payment to be made to the Payee (such as, but not limited to, Payee name, Payee account number, and Scheduled Payment Date).

"Scheduled Payment" is a payment that has been scheduled through the Service but has not begun processing.

"Scheduled Payment Date" is the day that you want your Payee to receive your payment and is also the day your Funding Account will be debited or charged. If the Scheduled Payment Date falls on a non-Business Day, the Scheduled Payment Date will be automatically adjusted by the Service to be the prior Business Day.

"Service" means bill pay offered by Culligan WaterCo of the Hudson Valley  ("Culligan WaterCo of the Hudson Valley ").

"We," "us," and "our" refer to the Service.

"You" and "your" refer to anyone using the Service. An "Authorized User" is any individual which you allow to use the Service or your password or other means to access your account.

SERVICE FEES

There is no fee for making standard payments.

PAYMENT AUTHORIZATION AND PAYMENT REMITTANCE

By providing the Service with account information of the Payee to which you wish to direct payments, you authorize the Service to follow your Payment Instructions that it receives through the payment system. In order to process payments more efficiently and effectively, the Service may edit or alter payment data or data formats in accordance with Payee directives.

When the Service receives a Payment Instruction, you authorize the Service to debit or charge your Funding Account and remit funds on your behalf so that the funds arrive as close as reasonably possible to the Scheduled Payment Date designated by you. You certify that any Funding Account you add to your profile is an account from which you are authorized to make payments, and any payment you make using the Service will debit or charge a Funding Account that you are legally authorized to use.

PAYMENT LIMITATIONS

We reserve the right to restrict payments, both by dollar amount and number of payments made using this service.

PAYMENT CANCELLATION REQUESTS

You may cancel or edit a Scheduled Payment by following the directions within the Bill Pay screens. There is no charge for canceling or editing a Scheduled Payment. Once the Service has begun processing any payment, it will show a status of "in process" on the payment activity screen, and it cannot be cancelled or edited, therefore a stop payment request must be submitted.

STOP PAYMENT REQUESTS

The Service's ability to process a stop payment request will depend on the payment method and whether or not a payment has cleared or is already in process or completed. The Service may also not have a reasonable opportunity to act on any stop payment request after a payment has been processed. If you desire to stop any payment that has already been processed, you must contact customer service at the customer service found in the "Help" section of the Service. Although the Service will make every effort to accommodate your request, the Service will have no liability for failing to do so. The Service may also require you to present your request in writing within fourteen (14) days. If you contact the financial institution holding your checking or money market deposit account Funding Account to request a stop payment, you will be responsible for any fees or charges assessed by your financial institution for this request.

PAYMENT METHODS

The Service reserves the right to select the method by which to remit funds on your behalf to your Payee. These payment methods include, but are not limited to, an electronic payment, an electronic to check payment, or a laser draft payment.

PASSWORD AND SECURITY

You agree not to give or make available your password or other means to access your account to any unauthorized individuals. You are responsible for all payments you authorize using the Service. If you permit Authorized Users or other persons to use the Service or your password or other means to access your account, you are responsible for any transactions they authorize. If you believe that your password or other means to access your 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 Service at once by calling (845) 561-3728 .

YOUR LIABILITY FOR UNAUTHORIZED PAYMENTS

When you give someone your Service password or code, you are authorizing that person to use the Service and you are responsible for all transactions that person performs using the Service. All transactions that person performs, even those transactions that you did not intend or want performed, are authorized transactions. If you notify us that the person is no longer authorized, then the transactions that person performs after the time you notify us are considered unauthorized. Transactions that you or someone acting with you initiate with fraudulent intent are also authorized transactions. The phone number to report unauthorized payments is (845) 561-3728 .

YOUR LIABILITY FOR RETURNED PAYMENTS

In using the Service, you are requesting the Service to make payments for you from your Funding Account. If we are unable to complete the transaction for any reason associated with your Funding Account (for example, there are insufficient funds in your Funding Account to cover the transaction), the transaction may not be completed. In some instances, you will receive a return notice from the Service. In each such case, you agree that:

The amount of any returned payment transaction may be charged to the Billing Account. This transaction will post to your Billing Account as an Out-of-Network Payment. You may be charged other fees, such as an overlimit-fee and additional finance charges, as a result of a returned payment transaction.

If for any reason the Service is not able to charge your Billing Account, you will reimburse the Service immediately upon demand for the returned payment transaction amount that has been returned to the Service; and reimburse the Service for any costs it incurs in attempting to collect the amount of the return from you (including reasonable attorneys' fees).
The Service is authorized to report the facts concerning the return to any credit-reporting agency.
You may be assessed a fee by your financial institution as a result of the return.

OUR LIABILITY FOR FAILURE TO COMPLETE PAYMENTS

The Service will use its best efforts to make all your payments properly. The Service shall incur no liability and any Service Guarantee shall be void 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, through no fault of the Service, your Funding Account does not contain sufficient funds to complete the transaction or the transaction would exceed the credit limit of your Funding Account or the transaction cannot be charged to your Funding Account because of a status that prohibits additional charges to post to the Funding Account;
The payment processing center is not working properly and you know or have been advised by the Service about the malfunction before you execute the transaction;
If, through no fault of the Service, a Payee that makes available to you split-payment functionality (in which your payment may be split and allocated in various ways that such Payee may offer) does not split and/or allocate the payment in accordance with your Payment Instruction;
You have not provided the Service with the correct Funding Account information, or the correct name, address, phone number, or account information for the Payee; and/or,
Circumstances beyond control of the Service (such as, but not limited to, fire, flood, or interference from an outside force) prevent the proper execution of the transaction and the Service has taken reasonable precautions to avoid those circumstances.
Provided none of the foregoing exceptions are applicable, if the Service causes an incorrect amount of funds to be removed from your Funding Account or causes funds from your Funding Account to be directed to a Payee which does not comply with your Payment Instructions, the Service shall be responsible for returning the improperly transferred funds to your Funding Account, and for directing to the proper Payee any previously misdirected transactions, and, if applicable, for any late payment or other related charges.

ERRORS AND QUESTIONS ABOUT YOUR PAYMENTS

In case of errors or questions about your payments transactions, you should as soon as possible notify us via one of the following methods:

TeleTelephone the Service at (845) 561-3728  during customer service hours; or,
Write us at:
Culligan WaterCo of the Hudson Valley  - Bill Pay
131 Little Britain Road Newburgh, NY 12550 ;
If you think your financial institution statement is incorrect or you need more information about a Service transaction listed on the statement, we must hear from you no later than sixty (60) days after the FIRST statement was sent to you on which the problem or error appears. You must:

Tell us your name and Billing Account number and Funding Account number;
Describe the error or the transaction in question, and explain as clearly as possible why you believe it is an error or why you need more information; and,
Tell us the dollar amount of the suspected error.
If you tell us verbally, we may require that you send your complaint in writing within ten (10) Business Days after your verbal notification. We will tell you the results of our investigation within ten (10) Business Days after we hear from you, and will correct any error promptly. However, if we require more time to confirm the nature of your complaint or question, we reserve the right to take up to forty-five (45) days to complete our investigation. If we decide to do this, we will provisionally credit your Funding Account within ten (10) Business Days for the amount you think is in error. If we ask you to submit your complaint or question in writing and we do not receive it within ten (10) Business Days, we may not provisionally credit your Funding Account. If it is determined there was no error we will mail you a written explanation within three (3) Business Days after completion of our investigation. You may ask for copies of documents used in our investigation. The Service may revoke any provisional credit provided to you if we find an error did not occur.

DISPUTES

You must promptly contact the Service in the event of a dispute involving any payment transaction. The Service will attempt to assist you resolve such issues with Payees (merchants). Do not use Bill Pay to pay a balance that you are disputing with the Payee (merchant).

INFORMATION AUTHORIZATION

You agree that the information you provide to the Service can go through a verification process. You also agree that the information you provide to the Service may be used to find other merchants that you are eligible to pay using the Service. Further, you agree that the Service reserves the right to obtain financial information regarding your Funding Account from your financial institution (for example, to resolve payment-posting problems or for verification). In addition, you agree that the Service reserves the right to request a review of your credit rating at its own expense through an authorized bureau.

DISCLOSURE OF ACCOUNT INFORMATION TO THIRD PARTIES

It is our general policy to treat your account information as confidential. However, we will disclose information to third parties about your account or the transactions you make ONLY in the following situations:

Where it is necessary for completing transfers and payment transactions;
Where it is necessary for activating additional services;
In order to verify the existence and condition of your account to a third party, such as a credit bureau or Payee;
To a consumer reporting agency for research purposes only;
In order to comply with a governmental agency or court orders; or, If you give us your written permission.

ALTERATIONS AND AMENDMENTS

We reserve the right to change the Service and this Agreement, including fees and service charges, in our sole discretion from time to time, without notice to you except as required by applicable law. The Service also reserves the right to change, by adding or deleting, Payee(s) that can receive payments through the Service.

If you do not agree to any amendments, you may stop using the Service and terminate this Agreement. Any use of the Service after the Service provides you a notice of change will constitute your agreement to such change(s).

Further, the Service may, from time to time, revise or update the user screens, services, and/or related material, which may render all such prior versions obsolete. Consequently, the Service reserves the right to terminate this Agreement as to all such prior versions of the user screens, services, and/or related material and limit access to only the Service's more recent revisions and updates.

ADDRESS AND BANKING CHANGES

It is your sole responsibility to ensure that the contact information you have given the Service and maintained in your user profile is current and accurate. This includes, but is not limited to, name, address, phone number(s) and email address(es). Changes can be made either within the Service screens or by contacting the Service. Any changes in your Funding Account should also be made in accordance with the procedures outlined within the Service Help screens. All changes made are effective immediately for scheduled and future payments paid from the updated Funding Account information. The Service is not responsible for any payment processing errors or fees incurred if you do not provide accurate Funding Account or contact information.

ASSIGNMENT

You may not assign this Agreement to any other party. The Service may assign this Agreement to any future, directly or indirectly, affiliated company. The Service may also assign or delegate certain of its rights and responsibilities under this Agreement to independent contractors or other third parties.

NO WAIVER

The Service shall not be deemed to have waived any of its rights or remedies hereunder 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 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.

ENTIRE AGREEMENT

You agree that this Agreement is the complete and exclusive statement of the agreement between you and the Service which supersedes any proposal or prior agreement, 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 an employee of the Service or customer service department says and the terms of this Agreement, the terms of this Agreement will prevail.

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.

LIMITATION OF LIABILITY

THE FOREGOING SHALL CONSTITUTE THE SERVICE'S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY. IN NO EVENT SHALL THE SERVICE BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING LOST PROFITS (EVEN IF ADVISED OF THE POSSIBILITY THEREOF) ARISING IN ANY WAY OUT OF THE INSTALLATION, USE, OR MAINTENANCE OF THE EQUIPMENT, SOFTWARE, AND/OR THE SERVICE.

Culligan WaterCo of the Hudson Valley 131 Little Britain Road Newburgh, NY 12550
(845) 561-3728