TERMS OF SERVICE

Vista Irrigation District Online BillPay Terms of Service Agreement

IT IS IMPORTANT THAT YOU READ THIS:

By accessing or using the Vista Irrigation District Online BillPay website, you agree to be bound by all of the terms and conditions of this Agreement. The Vista Irrigation District 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.

Online BillPay Service is provided to you to facilitate access to view and pay your Vista Irrigation District accounts online. The Online BillPay Service sends information about your account directly to your email address and allows you to pay online. This email will include a digital copy of your water bill. InfoSend, a third party vendor that specializes in utility bill processing and presentment, hosts the service.

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

Any information sent by the Vista Irrigation District 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 Vista Irrigation District 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 Vista Irrigation District does not make any warranties concerning the Online BillPay 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 Vista Irrigation District makes no warranties other than those expressly set forth in this agreement. The Vista Irrigation District 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 Vista Irrigation District is committed to protecting your privacy. You acknowledge that the Vista Irrigation District and InfoSend may receive certain private and confidential information in connection with your use of Online BillPay. The Vista Irrigation District may utilize your name, mailing address and changes thereto. The Vista Irrigation District will not rent, sell or otherwise make available to any third party for any reason any of your private and confidential information that personally identified you or payments you make through the Online BillPay, other than to provide Online BillPay or comply with applicable laws or regulations, including government agency or court orders, unless you otherwise expressly agree.

You agree that you will not intentionally provide false information when accessing or using the Online BillPay services. 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 BillPay service.

The Vista Irrigation District website has security measures in place to protect against the loss, misuse, or alteration of the information you provide. The 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.

Payment Processing

Online BillPay is designed to be available seven days a week, 24 hours a day. However, the Vista Irrigation District will update account balances and activity information daily, Monday through Friday, excluding holidays. In addition, the Vista Irrigation District will not be liable for any inability to access Online BillPay, or for any failure to update any information, for whatever reason. Payments received before 12 AM, Monday through Friday, will be credited your account the next business day. Payments made after 12 AM, Monday through Friday, or on weekends and holidays, will be credited to your account in 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 Vista Irrigation District for payments not timely made. Late fees for payments made using Online BillPay are the same as the late fees charged for mailed payments.

Fees

The Vista Irrigation District does not charge you any fees for using Online BillPay. However, your Financial Institution may charge you fees, 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 bank account through Online BillPay without your permission, please contact the Vista Irrigation District immediately. You should also immediately contact your Financial Institution. Please be aware that you are solely responsible for any unauthorized transfers.

Termination of Online BillPay

You may choose to cancel Online BillPay at any time with no fee. If you wish to discontinue Online BillPay, you may do so by sending a cancellation notice to the address shown below under "Notices to the Vista Irrigation District." Your termination will be effective no more than thirty (30) days after we receive your request.

The Vista Irrigation District may suspend or terminate your access to Online BillPay at any time, without notice and for any reason. The Vista Irrigation District 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 Vista Irrigation District will not be liable for any failure to do so. Neither termination nor discontinuation of Online BillPay shall affect your liability for transactions initiated through Online BillPay using your password.

Notices to Vista Irrigation District

You may contact us at the following address or phone number:

Vista Irrigation District
Attn. Customer Service Department
1391 Engineer St.
Vista, CA 92081-8840
760-597-3120

Amendments

The terms of the Agreement may be modified or amended by the Vista Irrigation District from time to time. In such event, the Vista Irrigation District will provide notice to you in accordance with applicable law, which may be accomplished by posting such change on the Online BillPay website. Any use of Online BillPay after we provide you with a notice of change(s) 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 San Diego. 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 Online BillPay, you also agree that any and all disclosures and communications regarding Online BillPay between you and the Vista Irrigation District, including this Agreement, may be made electronically, including by the Vista Irrigation District posting to its website in accordance with applicable law. Any electronic disclosure or communication the Vista Irrigation District makes will be considered made when transmitted by the Vista Irrigation District.

Refund Policy

Payments made in excess of the total bill amount will show as a credit on the customer's next bill. Questions concerning refunds of erroneous payments should be directed to Vista Irrigation District Customer Service Department. If approved the refund will be made in the form of a check made payable to the name on your account. The refund process may take up to thirty (30) days.