By accessing or using the City of Sunnyvale Online QuickPay website, you agree to be bound by all of the terms and conditions of this Agreement. The City of Sunnyvale may modify this Agreement at any time, and you agree that such modifications will be effective immediately upon posting of the modified Agreement. You agree that by using our website after any such modifications, you will be deemed to have reviewed, agreed to and accepted the modified Agreement.

The City of Sunnyvale Online QuickPay Service is provided to you to facilitate access to view and pay your bills online. The Online Utility Bill Pay Service sends information about your City of Sunnyvale utility bills directly to your email address and allows you to pay online. This email will include a digital copy of your bill. InfoSend, a third party vendor that specializes in bill processing and presentment, hosts the service.

The City of Sunnyvale will make every reasonable effort to ensure full performance of the Online Utility Bill Pay Service and, on a timely basis work with you to resolve disputes that may arise. The City of Sunnyvale does not assume responsibility for malfunctions in public communications facilities not under our control that may affect the accuracy or timeliness of email messages you receive.

Any information sent by us to you via email is believed to be reliable. However, this information can only be provided on a best-efforts basis for your convenience and is not guaranteed. The City of Sunnyvale will not be liable for any deficiencies in the accuracy, completeness, availability or timeliness of such information or for any decision made using this information.

In addition, please take note of the following guidelines, which will assist you in detecting certain types of Internet and email fraud (i.e. "phishing").

• The City of Sunnyvale will never send you an e-mail requesting you to validate personal information.
• The City of Sunnyvale will never ask you to update your social security number, date of birth, or driver's license number via e-mail.
• Once you have enrolled in Online Utility Bill Pay, you can update your personal information by logging into your account.

The City of Sunnyvale does not make any warranties concerning the Online Utility Bill Pay Service including, without limitation, any warranties of merchantability, fitness for a particular purpose or non-infringement of third party proprietary rights unless disclaiming such warranties is prohibited by law. The City of Sunnyvale makes no warranties other than those expressly set forth in this agreement. The City of Sunnyvale will not be liable for any damages of any kind arising from the use of this site, including, but not limited to, direct, indirect, incidental, consequential and punitive damages. You expressly agree that your use of this site is at your sole risk.

Privacy of Information

The City of Sunnyvale is committed to protecting your privacy. You acknowledge that the City of Sunnyvale and its vendor may receive certain private and confidential information in connection with your use of Online UtilityBill Pay Service. The City of Sunnyvale may utilize your name, mailing address and changes thereto. The City of Sunnyvale will not rent, sell or otherwise make available to any third party for any reason any of your private and confidential information that personally identifies you, your Credit Card or payments you make through the Online Utility Bill Pay Service, other than to provide Online UtilityBill Pay Service or comply with applicable laws or regulations, including government agency or court orders, unless you otherwise expressly agree. When you visit our Web site, our web servers automatically track the domain from which you accessed our site and what pages you accessed. We only use and analyze this data for aggregate trends and statistics to help us better understand how our site is being used and to make it more effective.

You agree that you will not intentionally provide false information when accessing or using the Online Utility Bill Pay Service. You also agree that you will not falsify, forge, or otherwise tamper with any information in the emails you receive as part of the Online Utility Bill Pay Service.

The Online QuickPay website has security measures in place to protect against the loss, misuse, or alteration of the information you provide. Our Online Payment server software conforms to industry standards utilizing Secure Sockets Layer (SSL) technology, which is among the best software available for securing commerce transactions.

Credit Card

To use Online Utility Bill Pay, you must designate an eligible deposit or other asset account accessible by a credit card or debit card ("Credit Card") at a bank or other eligible financial institution (your "Financial Institution") from which payments will be made using the Online Utility Bill Pay Service. You agree that, by scheduling automatic payments or a single payment, you authorize the City of Sunnyvale to initiate debit entries to your Credit Card in such amount(s), and to initiate any debit or credit entries to your Credit Card necessary to correct any error in a payment. You also must authorize your Financial Institution to debit or credit your Credit Card in the amount of such payments or corrections. You represent that you have all necessary right, power, and authority to authorize each such payment, and that you will take such steps as your Financial Institution requires to make such authorization. This authorization shall remain in full force and effect until the City of Sunnyvale has received notice from you of your termination of such authorization in such time and in such manner as to afford the City of Sunnyvale and your Financial Institution reasonable opportunity to act on it.

ACH (Automatic Clearing House) Transactions

To use the Online Utility BillPay Service, you may designate an eligible deposit or other asset account accessible by an ACH (Automatic Clearing House) transaction at a bank or other eligible financial institution (your "Financial Institution") from which payments will be made using Online QuickPay. You agree that, by scheduling automatic payments or a single payment, you authorize the City of Sunnyvale to initiate debit entries to your bank account in said amount(s), and to initiate any debit entries to your bank account necessary to correct any error in a payment. You also must authorize your Financial Institution to debit your bank account in the amount of such payments or corrections. You represent that you have all necessary right, power, and authority to authorize such payment, and that you will take such steps as your Financial Institution requires making such authorization. This authorization shall remain in full force and effect until the City of Sunnyvale has received notice from you of your termination of such authorization in such time and in such manner as to afford the City of Sunnyvale and your Financial Institution reasonable opportunity to act on it.

Payment Amount Limitations

The amount of funds you may use is limited by the amount of available funds you have on your Credit Card, including any available overdraft protection you may have with your Financial Institution. You agree to maintain sufficient funds on your Credit Card to satisfy your bill payments and that the City of Sunnyvale will have no obligation to complete a transaction if sufficient funds are not available. Your access to your Credit Card also may be limited by your agreement(s) with your Financial Institution governing the Credit Card and by applicable law and regulations.

Payment Processing

The City of Sunnyvale Online Utility Bill Pay Service is designed to be available seven days a week, 24 hours a day. However, the City of Sunnyvale will update account balances and activity information daily, Monday through Friday, excluding holidays. In addition, the City of Sunnyvale will not be liable for any inability to access the Online Utility Bill Pay Service, or for any failure to update any information, for whatever reason. Credit card payments received before 9:00pm and ACH payments received before 2:00pm, Pacific time, Monday through Friday, or on weekends and holidays, will be credited to your account within 2 business days. You are solely responsible for making payments prior to the due date, and you are solely responsible for any late fees charged or action taken by the City of Sunnyvale for payments not timely made. Late fees for payments made using the Online Utility Bill Pay Service are the same as the late fees charged for mailed payments.

Fees

The City of Sunnyvale does not charge you any fees for using the Online Utility Bill Pay Service. However, your Financial Institution may charge you fees related to your Credit Card, including transaction fees or fees for attempting transfers without sufficient funds. If a transaction is not honored by your bank a fee may be charged to your account.

Unauthorized Transfers

If you believe that someone has improperly accessed your Credit Card through the Online Utility Bill Pay Service without your permission, please contact the City of Sunnyvale immediately. You should also immediately contact your Financial Institution. Please be aware that you are solely responsible for any unauthorized transfers, although your Financial Institution may provide some form of fraud protection.

Termination of Online Utility Bill Pay

You may choose to cancel the Online Utility Bill Pay Service at any time with no fee. If you wish to discontinue Online Utility Bill Pay, or discontinue automatic payments while still using Online Utility Bill Pay to pay individual bills, you may cancel by sending a cancellation notice to the address shown below under "Notices." Your termination will be effective no more than ten (10) days after we receive your request.

The City of Sunnyvale may suspend or terminate your access to the Online Utility Bill Pay Service at any time, without notice and for any reason. The City of Sunnyvale will attempt to provide you with prior notice of suspension or termination by posting on our website or otherwise sending notice of termination. However, the City of Sunnyvale will not be liable for any failure to do so. Neither termination nor discontinuation of Online QuickPay shall affect your liability for transactions initiated through Online QuickPay using your password.

Notices to City

Please submit all correspondence via the Customer Service link of the Online Utility Bill Pay Service. You may also contact us at the following address, phone number or email:

City of Sunnyvale
Office of Utility Billing
650 West Olive Ave., Sunnyvale, CA 94086
408-730-7400
utilitybilling@sunnyvale.ca.gov

Amendments

The terms of the Agreement may be modified or amended by the City of Sunnyvale from time to time. In such event, the City of Sunnyvale will provide notice to you in accordance with applicable law, which may be accomplished by posting such change on our Utility Bill Pay website. Any use of Online Utility Bill Pay after we provide you with a notice of change will constitute your agreement to such change(s).

Assignment

You may not assign this Agreement to any other party.

Governing Law/Venue/Tort Claims Act

This Agreement shall be governed by the law of the State of California without regard to its conflicts of laws provisions and any action or lawsuit related to this Agreement will be adjudicated in a court of competent jurisdiction in the County of Santa Clara. Prior to filing any action or lawsuit related in any way to this Agreement, you must comply with the provisions of the Tort Claims Act (Government Code Section 900 et seq.).

Use of Electronic Communication

By accepting below or otherwise using the Online Utility Bill Pay Service, you also agree that any and all disclosures and communications regarding Online Utility Bill Pay between you and the City of Sunnyvale, including this Agreement, may be made electronically, including by the City of Sunnyvale posting to its website in accordance with applicable law. Any electronic disclosure or communication the City of Sunnyvale makes will be considered made when transmitted by the City of Sunnyvale.

Refund Policy

Payments made in excess of the total bill amount will show as a credit on your next bill. Questions concerning refunds of erroneous payments may be addressed in writing to the City of Sunnyvale, Office of Utility Billing, or by contacting our office by phone at (408) 730-7400. If approved, the refund will be issued in the form of a check payable to the name on the City of Sunnyvale utility account. If the original payment was made using a credit card, the refund will be applied to the credit card when possible. The refund process may take up to 60 days.

Our Credit Card Data Responsibility

We are responsible for the merchant cardholder data that our system stores or transmits on behalf of the customer, and will maintain compliance with all applicable PCI DSS requirements. Customers are requested to notify us in the event that they experience issues that may affect the security, availability or privacy of the services they are utilizing.

Please check this box to accept terms of service.