Table of Contents
By accessing and using the Website (including by signing up to receive notifications via email or SMS text, or making an online payment using Pay Now or by using any other Website services), or by clicking “I accept” when signing up for a user account at the Website (“Website Account”), you acknowledge that you have read, understood and agree to be bound by these Terms. If you do not accept these Terms, do not use the Website.
We may modify these Terms at any time, and we will post on the home page of the Website notification of any such modification for at least fourteen (14) days prior to the effective date of the modified Terms. Your use of the Website after the effective date of any modified Terms shall be subject to and governed by such modified Terms. Please note that we may discontinue some or all of the features and functionality associated with the Website at any time in our sole discretion.
I. Your Use of the Website
You hereby represent and warrant that any information you have provided to PEC through the Website is true and accurate to the best of your knowledge and that you have read and accept the terms of our Online Privacy Statement.
The Website is for personal use only. The following activities are expressly prohibited:
(i) collecting a user’s username or email address from the Website by electronic or other means without the user’s consent; (ii) sending unsolicited email or other communications using any information obtained in connection with the Website, (iii) any use of the Website which, in our sole judgment, jeopardizes the reliability, speed, or operation of the Website or any related computer systems and (iv) any use of the Website for an illegal or improper purpose.
II. PEC Content; Intellectual Property Rights
Unless otherwise noted, all text, images, graphics, photographs, video clips, designs, icons, sounds, information, data and other materials displayed, used or incorporated by PEC on the Website (“PEC Content”) are copyrights, trademarks, service marks, trade secrets or other intellectual property or proprietary content owned or licensed by PEC. We authorize you to use the PEC Content for your own informational and educational purposes, provided that you do not remove copyright, trademark and other proprietary notices contained in the PEC Content. You may not modify the PEC Content, or reproduce, distribute or otherwise use it for any public or commercial purpose without our prior written permission. Without limiting the foregoing, any use of the PEC Content on any other website without our prior written permission is prohibited. Nothing in these Terms shall be construed as granting any permission (except as set forth in this paragraph), right or license in or to any of the PEC Content. PEC reserves all of its intellectual property rights in the PEC Content.
PEC’s trademarks, logos and service marks (collectively, “Trademarks”) displayed on the Website are owned or licensed by PEC. Nothing contained on the Website or in these Terms should be construed as granting any license or right to use any of the Trademarks.
III. Email and Electronic Text Communications, Generally
If you select any optional services from PEC that include any email or electronic text notifications or other communications, it is your responsibility to provide PEC with a valid email address and/or a valid number assigned to your mobile phone or other device (“Mobile Device”), and you understand and agree that PEC will use such email address and/or Mobile Device number for delivery of electronic notifications and other communications. It is also your responsibility to update such email address and/or Mobile Device number, to ensure proper delivery of electronic communications to you. Failure to do so promptly could result in the interruption of such communications and could adversely affect your PEC utility account (“Utility Account”) and PEC’s ability to provide services to you. Your email address and/or Mobile Device number can be changed on the “My Profile” page if you have a Website Account, or by using any of the methods set forth in the “How to Contact Us” section below.
IV. Electronic Records Disclosure and Agreement
Please read this Electronic Records Disclosure and Agreement (“E-Records Disclosure”) carefully. You may want to keep a copy for your records.
With your consent, PEC will provide you with legal disclosures, agreements, instructions, communications and online account and billing statements related to your PEC account(s) electronically rather than delivering such items via postal mail or in person.
In order to activate and receive services that involve the delivery of electronic notifications and disclosures, you must agree to this E-Records Disclosure and consent to the electronic delivery of all such notifications and disclosures via email. Notably, if you do not consent to electronic delivery of notifications and disclosures related to your PEC account(s), you may not be able to activate or receive optional services that require such electronic delivery.
Paper Copy of Disclosures, Agreements and Instructions. If you do not want to receive legal disclosures, agreements, instructions, communications and online account and billing statements related to your PEC account(s) electronically, you should exit the “Paperless Bills” or “Update my printed bill settings” area of your Website Account without choosing to turn off your paper bills.
Withdrawal of Consent for Electronic Delivery. You may withdraw your consent for electronic delivery of legal disclosures, agreements, instructions, communications and online account and billing statements, but doing so will not affect the legal effectiveness, validity or enforceability of electronic records that were made available to you by PEC prior to the implementation of your withdrawal of consent for electronic delivery. You may withdraw your consent to electronic delivery at any time by changing your printed bill settings in your Website Account or by using any of the methods set forth in the “How to Contact Us” section below.
Updating Your Contact Information. You can provide an updated email address or other updated electronic contact information to PEC by changing information in the “My Profile” page if you have a Website Account, or by using any of the methods set forth in the “How to Contact Us” section below.
System Requirements to Access Electronic Information. To receive electronic delivery of legal disclosures, agreements, instructions, communications and online account and billing statements related to your PEC account(s), you must first obtain access to the Internet with a current web browser and appropriate and compatible hardware and software. PEC requires that you use a web browser that supports adequate security measures including SSL encryption technology, and any additional security measures that PEC may implement and require. You understand and acknowledge that obtaining and maintaining the necessary Internet access is your responsibility, and you are solely responsible for all Internet Service Provider (“ISP”) fees and costs. You also understand and acknowledge that PEC shall not be responsible for any computer virus or other technology issues associated with your use of the Internet, including your access to and use of your PEC account via the Internet.
System Requirements to Retain the Information. To retain a copy of electronically delivered legal disclosures, agreements, instructions, communications and online account and billing statements related to your PEC account, your system must have the ability to either download (e.g., to a hard disk drive, diskette, CD-ROM, flash drive or other similar media) or print portable document format (“PDF”) files. You must have a functioning printer that is connected to your personal computer or other access device and that is able to print any electronically delivered legal disclosures, agreements, instructions, communications and online account and billing statements on plain white 8½ x 11 inch paper.
Agreements and Acknowledgements. As a condition to enrollment in the Paperless Billing services, you acknowledge that you have read, understood and agree to all of the provisions of this E-Records Disclosure. Furthermore, you represent that the Internet access device(s) and systems that have been used to review this E-Records Disclosure and that will be used in the future to receive electronically delivered legal disclosures, agreements, instructions, communications and online account and billing statements concerning your PEC account meet the system requirements to access information and to retain information as set forth in the preceding two sections of this E-Records Disclosure.
V. Optional Paperless Billing
If you select the optional Paperless Billing service, you understand that PEC will stop mailing paper account and billing statements concerning your Utility Account to your physical, postal address, and will instead send email notifications that your monthly account and billing statement is available to download from the Website. Late notices may be sent by email, postal mail or both. Disconnection notices will always be sent by postal mail, although an email may also be sent.
In addition to these Terms, optional Paperless Billing services are governed by the E-Records Disclosure, which includes information concerning the methods by which you can withdraw your consent to electronic delivery of notifications and other communications related to your Utility Account. PEC is not responsible for any technical or other difficulties or errors that may arise in connection with the service, or that may prevent notifications from being sent or received.
VI. Optional Text Messaging
If you select optional text messaging services, you request that PEC send text message alerts to your Mobile Device concerning your Utility Account, including, for example, notifications when your billing statement is available for download from the Website (if you have signed up for Paperless Billing). By enrolling in the optional text messaging services, you are providing your express consent for PEC to send text messages to your Mobile Device concerning your Utility Account. In addition, you also consent to receive occasional text messages sent to your Mobile Device concerning other products or services offered by PEC. You can opt-out of the text messaging service on the “Notifications” page of your Website Account, or by using any of the methods set forth in the “How to Contact Us” section below.
Although the optional text messaging services are currently offered free of charge by PEC, you understand that you are responsible for meeting all Mobile Device system requirements and for all associated costs and expenses, including, without limitation, all fees you may incur for data transfers and as a result of receiving text messages from PEC on your Mobile Device.
The optional Text Messaging service is offered as a courtesy only. PEC is not responsible for any technical or other difficulties or errors that may arise in connection with the service, or that may prevent messages from being sent or received.
VII. Online Transactions
PEC provides several different online transactions, including bill payment options, that are available through the Website. You are responsible for reviewing all of the disclosures associated with each transaction and for activating and deactivating any automatic payment plans in accordance with the disclosures and instructions associated with such payment plan.
REGISTRATION: To register and use your Website Account you must follow the registration instructions for online services and submit your registration information. By submitting your registration information to us you acknowledge and agree that the terms and conditions set forth herein shall apply to our provision of online services to you, and you acknowledge that you have received and read the disclosures contained herein.
AVAILABLE TRANSACTIONS: Through our online systems you may conduct the following transactions on your eligible accounts (some of the following functionality may not be available via your mobile device).
- View Account Status – View current balance due, if any, and due date(s) applicable to your PEC account(s).
- Make a Payment – Make a payment to satisfy all or a portion of the balance due on your PEC account(s).
- View Account Billing and Payment History – Review billing and payment history for your account(s).
- Manage Auto Pay – Establish, change or cancel automatic payment agreements.
- Request a Payment Extension – Request, if eligible, an extension to a payment due date.
- Request Services – Request services (including tree trimming, light repair, energy audit, service disconnection and address changes) associated with your PEC account(s).
BILL PAYMENT SERVICE:
- Payment Authorization. When we receive a payment instruction by way of your Website Account, you authorize us to debit your bank or credit card account for the amount indicated and apply those funds to your PEC Account(s) balance.
- Payment Remittance. We will use our best efforts to make all your payments properly. However, we shall incur no liability if we are 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 ours, your account does not contain sufficient funds to complete the transaction or the transaction would exceed the credit limit of your credit card account;
- The Pay Now Service is not working properly and you know or have been advised about the malfunction before you execute the transaction;
- You have not provided us with the correct bank account or credit card information, or with adequate bank account or credit card information necessary to complete the transaction; and/or,
- Circumstances beyond our control (such as, but not limited to, fire, flood or interference from an outside force) prevent the proper execution of the bill pay transaction and we have taken reasonable precautions to avoid those circumstances.
- Payment Cancellation Requests. Once we have begun processing a payment it cannot be cancelled or edited.
- Pay Now Limits. There are transaction limits for payments made through the Pay Now Service. Individual credit card transactions may not exceed $100,000.00. Individual check payment transactions may not exceed $999,999,999.99. We reserve the right to change from time to time the dollar amount of payment you are permitted to make using our Pay Now Service.
VIII. Auto Pay
The following terms and conditions apply if you are enrolled in Auto Pay:
By enrolling in Auto Pay, you authorize Pedernales Electric Cooperative to, on a recurring basis, automatically charge the debit or credit card account specified, or to automatically debit the checking or savings account specified for payments due on your PEC account(s).
You understand that PEC will initiate transfers/charges pursuant to this authorization not to exceed the amount shown on your monthly PEC bill. PEC will initiate transfers or charges each month on the date your bill is due. The origination of ACH transactions to your checking or savings account must comply with the provisions of U.S. law.
PEC may discontinue processing of recurring charges if PEC is unable to secure funds from your debit or credit card or from your bank account for the payments you have authorized due to, but not limited to, insufficient or uncollected funds in the account or insufficient or inaccurate information provided by you. PEC may, if applicable, undertake collection action, including application of returned check fees to the extent permitted by law. All such fees may be collected electronically.
You also understand that this authorization to pay your PEC account(s) by recurring charges or debits is entirely optional and is not required to obtain or maintain your account with PEC.
IF FOR ANY REASON PEC IS UNABLE TO PROCESS A PAYMENT AND YOU PAY YOUR BILL AFTER IT IS DUE, YOUR PEC ACCOUNT MAY INCUR LATE FEES AND DISCONNECTION AS SET FORTH IN THE TARIFF AND BUSINESS RULES.
You are responsible for providing PEC with accurate payment account information if such information changes in the future. You understand that you may use any of the methods set forth in the “How to Contact Us” section below, or access your Website Account and click on “Billing & Payments” then select the “Auto Pay Accounts” screen to update or change your payment account information. You may use any of the methods specified in the preceding sentence to notify PEC you wish to cancel your Auto Pay agreement, provided such contact occurs at least thirty (30) days prior to the payment due date on which you want your Auto Pay agreement to no longer be in effect. PEC will not initiate further transfers or charges after you have cancelled and PEC has had a reasonable period of time to process your request. You also understand that you are not waiving your rights under the Electronic Fund Transfer Act to stop payments by directly contacting the financial institution where you have the checking or savings account you specified in your Auto Pay agreement, and that your exercise of such rights does not constitute a breach of this authorization.
IX. Payment Extension Requests
You may, if eligible, request a fourteen (14) day extension of your payment due date through your Website Account. To be eligible, you must have, within the preceding 12 months:
- Have had no request for payment extension granted;
- Have had no payment instruments returned for insufficient funds; and
- Have been assessed no more than one late fee.
If your payment, including all past and current charges due, is not received by the extension due date indicated in your request, your payment extension will default and your power may be shut off.
X. Mobile Services
Your enrollment in our online services may include access to products and services through a mobile device (“Mobile Services”), such as compatible smart phones and tablets. Mobile Services may include without limitation, short message service (SMS) text messaging, mobile web transactions, and mobile initiated transactions by means of a downloadable application. By using our Mobile Services, you agree to the following terms and any additional terms and conditions applicable to specific Mobile Services, such as SMS text messaging and the downloadable mobile application.
- You agree that we may send you information relative to Mobile Services through your wireless provider in order to deliver them to you and that your wireless provider is acting as your agent in this capacity. You represent that you are the owner or authorized user of the mobile device you use to receive the Mobile Services, and that you are authorized to approve the applicable charges.
- You understand and agree certain services may not be encrypted and many include confidential information about you such as your account activity or status. Delivery and receipt of information, including instructions for payment, transfer and other electronic fund transactions through the Mobile Services may be delayed or impacted by factor(s) pertaining to your Internet service provider(s), phone carriers, other parties or because of other reasons outside of our control. We will not be liable for losses or damages arising from any disclosure of account information to third parties, non-delivery, delayed delivery, misdirected delivery or mishandling of, or inaccurate content in, information and instructions sent through the Mobile Services.
- Your wireless service provider’s standard rates apply to Internet (data) access and SMS usage. We do not charge for any content; however, downloadable content may incur additional charges from your wireless provider. Please contact your wireless provider for information about your data and messaging rate plans. Your wireless provider may impose data access, message and/or charge limitations that are outside of our control, for using Mobile Services on your account. All such charges are billed by and payable to your wireless provider. You are responsible for any charges and fees from your wireless provider. We are not responsible for any damages resulting from your failure to comply with any terms and conditions of your wireless provider.
- Certain Mobile Services (or portions thereof) may not be available outside of the United States. If you are using Mobile Services outside of the United States, you are responsible for having access to the appropriate wireless and/or telecommunications networks and are responsible for all associated fees and charges.
XI. Links to and from Other Websites
XII. User Content; Digital Millennium Copyright Act Notices
The Website may now or in the future permit the submission of content at the direction of users of the Website (“User Content”) and the hosting, sharing, and/or publishing of such User Content. Although PEC does not undertake to review all User Content prior to submission and posting, PEC may review any User Content for compliance with these Terms, applicable law or for any other legitimate purpose.
You shall be solely responsible for User Content you submit and the consequences of our posting or publishing such User Content. In connection with any User Content you submit, you affirm, represent and warrant that: (i) you own or have the necessary licenses, rights, consents and permissions to use and authorize use of all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Content; and (ii) you have the written consent, release and/or permission of each and every identifiable individual person in the User Content to use the name or likeness of each and every such identifiable individual person. By submitting the User Content, you grant PEC a perpetual, worldwide, non-exclusive, royalty-free and assignable license to use, reproduce, distribute, prepare derivative works of, modify, display, publish and perform all or any portion of the User Content in connection with the Website and PEC’s business. PEC may maintain copies of any User Content for purposes of backup, security or maintenance, or as required by law.
You agree that you will not: (i) submit User Content that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant PEC the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage PEC or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive or that encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law or is otherwise inappropriate; (iv) post advertisements or solicitations of business; (v) post User Content files that are unreasonably large or that otherwise could interfere with the normal operation and functioning of the Website; or (vi) impersonate another person.
PEC does not endorse any User Content or any opinion, recommendation or advice expressed therein, and we expressly disclaim any and all liability in connection with any User Content. We may remove any and all User Content from the Website in our sole discretion and without prior notice. We do not permit copyright infringing activities and infringement of intellectual property rights on this Website, and we will remove User Content if notified that such User Content infringes on another’s intellectual property rights. We will terminate your access to the Website if we believe you are a repeat copyright infringer as determined under our internal policies and procedures.
If you are a copyright owner and believe that any User Content or any PEC Content infringes upon your copyrights, you or your agent may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C § 512(c)(3) for further details):
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Website are covered by a single notification, a representative list of such works;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit PEC to locate the material;
- Information reasonably sufficient to permit PEC to contact you, such as an address, telephone number, and, if available, an email address;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Our designated Copyright Agent to receive notifications of claimed infringement and other notices relating to User Content and/or violation of these Terms is:
c/o Pedernales Electric Cooperative, Inc.
P.O. Box 1
Johnson City, Texas 78636
Email: [email protected]
You agree to indemnify, defend and hold harmless PEC and its respective past and present directors, officers, employees, agents and representatives (collectively, the “Indemnified Parties”) from and against any and all claims, actions or demands, including, without limitation, reasonable legal and accounting fees, as a result of or in connection with (i) any actual or alleged use or misuse of the Website or User Content by you or by any other person using your Website Account; (ii) any communication or content uploaded or provided to the Website by you or by any other person using your Website Account; or (iii) any breach or threatened breach by you of these Terms. PEC shall provide notice to you of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit or proceeding. PEC reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section; in such case, you agree to cooperate with all reasonable requests for assistance in connection with PEC’s defense of such matter.
YOU ACKNOWLEDGE AND AGREE THAT THE INDEMNIFICATION OBLIGATION SET FORTH IN THE PRECEDING PARAGRAPH SHALL APPLY REGARDLESS OF WHETHER PEC OR ANY OTHER INDEMNIFIED PARTY IS NEGLIGENT IN WHOLE OR IN PART.
XIV. Disclaimer of Warranty and Limitations on Liability
PEC DOES NOT WARRANT THAT THE WEBSITE WILL OPERATE ERROR-FREE OR THAT THE WEBSITE, ITS SERVERS, OR THE CONTENT ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES.
THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, PEC DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTY OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS AND FITNESS FOR PARTICULAR PURPOSE.
OTHER THAN AS REQUIRED UNDER APPLICABLE CONSUMER PROTECTION LAW, IN NO EVENT SHALL PEC BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, EVEN IF PEC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Some states do not allow exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the above limitations or exclusions may not apply to you. IN SUCH STATES, PEC’S LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
XV. General Terms
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by PEC to any successor-in-interest of one or more of PEC’s business units.
The Website is primarily controlled, operated and administered by PEC from Johnson City, Texas, and these Terms shall be governed by United States federal law and the laws of the state of Texas without regard to Texas rules regarding conflicts of laws. The exclusive venue and jurisdiction for any and all disputes arising out of or relating to these Terms shall be the state courts located in Blanco County, Texas or the U.S. District Court for the Western District of Texas. You waive all objections to venue and personal jurisdiction with respect to such disputes in those courts.
If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms, which shall remain in full force and effect. Failure to act on or enforce any provision of the Terms shall not be construed as a waiver of that provision or any other provision in these Terms. No waiver shall be effective against us unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance.
XVI. How to Contact Us
PEC can be reached in the following ways:
- Via mail
Pedernales Electric Cooperative, Inc.
P.O. Box 1
Johnson City, Texas 78636
- Via email
- Via phone
- Via fax
Revised: October 2015