Terms and Conditions
Please read and agree to the Terms and Conditions below.
Welcome to Aqua’s Online e-Bill View and e-Bill Payment Service. Please review this entire document which will explain the Terms and Conditions of Aqua’s Online Services relating to the benefits and limitations of your agreement with Aqua to use these Services.
Acceptance of Terms and Conditions
• When you click the "I Agree" button below, you will be agreeing to these Terms and Conditions, and you will no longer receive a paper bill from Aqua.
• If you do not agree to these Terms and Conditions, click the "I Disagree" button which will allow you to stop this process and continue to receive paper bills. Services
E-Bill View – Viewing your bills through Aqua Online
• You agree to electronically receive your bill and view your account. You may also receive other information that would have been sent with your Aqua paper bill, such as bill inserts. However, past due notices will continue to be sent through the United States postal mail. Should that change, we will notify you prior to electronically sending such notices.
E-Bill Payment Service – Paying your bills through Aqua Online
By consenting to pay your bills electronically you understand and verify that:
• You are providing Aqua with your bank account information and agreeing to these Terms and Conditions. You authorize Aqua or its contractor to follow the Payment Instructions that we receive through the Aqua Online Bill Payment Service. When we receive a Payment Instruction, you authorize us to debit your bank account and obtain funds on your behalf. Funds arrive as close to the business day designated by you as reasonably possible. You also authorize the financial institution that holds your bank account to debit your bank account.
• Payment Instructions must be entered prior to the 2:00 p.m. Eastern Standard cutoff time to have the payment applied on the same business day. Any payment made after 2:00 p.m. Eastern Standard Time will be applied the next business day. We anticipate most transactions will be processed on your selected payment date, but you understand that some transactions may take additional time to be applied to your account. If you properly follow procedures described herein, including submitting your Payment Instruction prior to the Cutoff Time, and Aqua fails to process payments according to the Payment Instructions received, Aqua will reverse any late charges incurred as a result. In any other event, you agree to incur the risk and responsibility for paying any late charges or penalties.
• If you have arranged in advance to make a regular payment from your bank account, you can cancel a payment in a "scheduled" status so long as you cancel the "scheduled" payment before 2:00 p.m. Eastern Standard Time.
• You are responsible for any fees associated with your bank account. In using Aqua Online Bill Payment Service, you are requesting the system to make payments for you from your bank account. If we are unable to complete a transaction for any reason associated with your bank account (for example, there are not sufficient funds), the transaction will not be completed and Aqua may assess late charges or penalties under Aqua’s Tariff. Consent to Receive Information Electronically
By consenting to receive information electronically you verify that:
• In order to receive this information electronically, and to access and retain any disclosures you receive, you will need a desktop or laptop personal computer with a minimum web browser that supports 128 bit encryption. You must also have ability to receive and read email.
• You (i) agree to provide true, accurate and current information and to not misrepresent your identity; (ii) acknowledge and agree to receive disclosures electronically and confirm that you will download or print the disclosures for your records; (iii) acknowledge that you can access information that is provided electronically; and (iv) acknowledge that your action constitutes your signature and agreement to these terms and conditions as well as your consent to receive these electronic communications pursuant to the Electronic Signatures in Global and National Commerce Act and intend that this statute applies to the fullest extent possible.
Notice of Limitations and Warranties
• Aqua may use a third party hosted web site to provide Online Services to you. However, technical or other difficulties cannot always be anticipated, which may cause the loss of data or other service interruptions. For this reason, YOU AGREE THAT AQUA’S ONLINE SERVICES ARE PROVIDED "AS-IS" WITHOUT WARRANTIES OF ANY KIND.
• You understand that the information you have chosen to receive is confidential in nature. We are not responsible for unauthorized access by third parties to information and/or communications provided electronically, nor any damages including direct, indirect, special, incidental or consequential damages caused by unauthorized access. We are not responsible for delays in the transmission of any information or for any computer virus or related problems. If your e-mail address changes, you are required to notify us. All questions about transactions made with the Aqua Online Services must be directed to Aqua and not to the bank or other financial institution where you have your bank account. Aqua is responsible for Online Services and for resolving any errors in transactions.
• If you tell us verbally, we may require that you send your complaint or question in writing within 10 business days. We will determine whether an error occurred within 10 business days after we receive your call (or where required written document), and if an error has occurred, will correct any error promptly. If we need more time to investigate, we may take up to 45 days, and if we need the extra time, we will credit your bank account after 10 business days for the amount you think is in error, so that you will have the use of the money during the time we complete the investigation. If we ask you to put your complaint or question in writing and we do not receive it within 10 business days, we may not credit your bank account. You may ask for copies of documents that we used in the investigation.
• In addition, when you receive Aqua’s notice that we will begin sending other information electronically (like application disclosures, Privacy Statement, and billing statements, etc.), you may withdraw your consent to receive such other information electronically at any time. To receive other information in paper form or to withdraw your previously provided consent, please contact us with the specific information you wish to receive in paper form. Your request will only apply to those specific items of information you designate. Or you may choose to un-enroll from Aqua Online electronically at anytime.
• When you un-enroll in Aqua Online all "scheduled" payments will be terminated. We may terminate the Online Services at any time. Neither termination nor discontinuation shall affect your liability or obligations under this Agreement.
• You may not assign your rights under this Agreement to use the Aqua Online Services to any other party. Aqua may assign this Agreement at our sole discretion or delegate certain rights and/or responsibilities to third parties or vendors/contractors.
• You are responsible for all telephone access fees and/or internet service fees that may be assessed by your telephone and/or internet service provider when accessing the Aqua Online Services.
• This Agreement, including fees and service charges, may be changed by Aqua from time to time, including the addition of new charges and terms. In such event, Aqua shall provide notice to you. Any use of the Aqua Online Services after we provide you with a notice of change will constitute your agreement to such changes. Further, Aqua may revise or update the programs, services or related material that may render all such prior versions obsolete. Aqua will notify you of such changes and reserves the right to terminate this Agreement as to all such prior versions of the programs, services, and/or related material and limit access to Aqua’s more recent revisions and updates.
• Aqua shall not be deemed to have waived any of rights or remedies under this Agreement unless such waiver is written and signed by Aqua. If we delay or refrain from exercising any rights or remedies under this Agreement, such delay or omission shall not be 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.
Use of Information
Use of Information Information collected by Aqua is used for two main purposes. First, we collect information to enable our users to participate in Aqua’s Online service. Second, we collect information to personalize the experience of the users of the Web Site. For example, users of the Aqua Online service are required to create a user account ("User Account"), user identification name ("UserID") and password in order to utilize this service. Aqua does not use its users email address or other personally identifiable information for commercial or marketing purposes without your consent or except as part of a program or feature for which you will have the ability to opt-in or opt-out. That being said, Aqua may use your email address without further consent for non-marketing or administrative purposes, for example to contact you regarding issues with your User Account. In order to participate in the Web Site, we may require that you provide us with certain specific information, such as (as applicable) your full name, company information, mailing address, telephone number, e mail address, information about the Water or Wastewater accounts that you have with Aqua ("Account"), gender, personal interests and/or other information specific to you. You can choose whether or not to provide us with this information, but if you choose not to provide any required information, your experience on the Web Site may be diminished and some features may not be available or may not work as intended.
Additional Ways that Information is Collected
Browser Log Files
Our servers automatically log each visitor to the Web Site and collect and record certain information about each visitor. This information includes your "Internet Protocol", or IP, address, browser language, browser type, operating system, domain names, browsing history (including time spent at a domain, time and date of your visit), referring/exit web pages and URLs, and number of clicks. Every computer connected to the Internet is given a domain name and a set of numbers that serve as that computer’s IP address. When a user requests a web page from the Web Site, our web servers automatically recognize that user’s domain name and IP address. The domain name and IP address reveal nothing personal about the user other than the IP address from which the user has accessed the Web Site. We may use this information to examine our traffic in the aggregate, but do not collect and evaluate this information for individuals. Our web servers do not automatically record e-mail addresses of users.
With respect to the Aqua Online service, Aqua may disclose any information to third parties about you, including email addresses, or your Account, as follows:
• to verify the condition and existence of your Accounts for a third party, such as a credit bureau or merchant;
• to a consumer reporting agency as defined by Applicable Law;
• to Aqua employees, auditors, service providers, attorneys or collection agents in the course of their duties; or
• if you give Aqua written permission (including by email).
Aqua does not use its customers email address or other personally identifiable information collected on the Web Site for commercial or marketing purposes without your consent or except as part of a program or feature for which you will have the ability to opt-in or opt-out. We do share non-personally-identifiable information (such as anonymous User usage data, referring/exit pages and URLs, platform types, number of clicks, etc.) with third parties to demonstrate the usage patterns for Aqua’s advertisements, content, functionality promotions and/or services on the Web Site.
We also reserve the right to disclose personally identifiable information and/or non-personally-identifiable information in connection with the enforcement of our Terms and Conditions, take precautions against liability, to investigate and defend against any third-party claims or allegations, to assist government enforcement agencies, to protect the security or integrity of the Web Site, and to protect the rights, property, or personal safety of Aqua, our users or others.
We reserve the right to transfer your personally identifiable information, as well as any other information, in connection with the sale or other disposition of all or part of the Aqua business and/or assets. We also cannot make any representations regarding the use or transfer of your personally identifiable information or other information that we may have in the event of our bankruptcy, reorganization, insolvency, receivership or an assignment for the benefit of creditors. Furthermore, we cannot and will not be responsible for any breach of security by any third parties or for any actions of any third parties (including other users of the Web Site) that receive any of the information that is disclosed to us. The Web Site also links to a wide variety of other web sites and the Web Site may contain advertisements of third parties. We are not and cannot be responsible for the privacy policies of those web sites of third parties or how they treat information about their users.
Information From Children
Member Account, Password And Security For certain features available through the Web Site, we require the use of encryption technologies provided for your protection and/or your use of a UserID and password after setting up a User Account. We use reasonable precautions to protect the privacy of your UserID, password and User Account information by utilizing a Secure Socket Layer ("SSL") connection. Accordingly, your UserID, password and User Account information are encrypted using an SSL connection and are not expected to be read in an intelligible form as they travel to the Web Site. You, however, are ultimately responsible for protecting your UserID, password and User Account information from disclosure to third parties, and you are not permitted to circumvent the use of required encryption technologies. You are required to take reasonable precautions to safeguard your UserID and password. You agree to never leave your computer unattended while using the Online service and to always exit the Online service by clicking on "Log Out". You also agree to immediately notify Aqua of any unauthorized use of your UserID, password and/or User Account, and/or any other breach of security by calling 1.877.WTR.AQUA (1.877.987.2782), by email at
email@example.com or through the online message center (if applicable). You are solely responsible for any activity that occurs with respect to your User Account and UserID. While we provide certain encryption technologies and use other reasonable precautions to protect your confidential information and provide suitable security, we do not and cannot guarantee or warrant that information transmitted through the Internet is secure, or that such transmissions are free from delay, interruption, interception or error. Privacy Outside the Web Site
The Web Site may contain various links to other web sites, including links to various third party service providers. Aqua is not and cannot be responsible for the privacy practices or the content of any of those other web sites. Other than under agreements with certain reputable organizations and companies,and except for third party service providers whose services you voluntarily elect to utilize, we do not share any of the personal information that you provide to us with any of the web sites to which the Web Site links, although we may share aggregate, non-personally identifiable data with those other web sites. Please check with those web sites in order to determine their privacy policies and your rights under them. Choices With Your Personal Information
Whether you submit personally identifiable information to Aqua is entirely up to you. You may decide not to submit personally identifiable information through the Web Site, in which case Aqua may not be able to provide certain services to you, including the Online service. You may update or correct your personal profile information and email preferences at any time by visiting your account profile at www.aquaamerica.com./aquaonline. Please note that any information that you post, upload or transmit to Aqua and/or the Web Site cannot be removed and remain subject to our Terms and Conditions.
If you have additional questions or comments of any kind, if you see anything on the Web Site that you think is inappropriate, please let us know by e-mail or by sending your comments or requests to:
Aqua America, Inc. 762 W. Lancaster Avenue Bryn Mawr, Pennsylvania 19010 Attn: Aqua Online Services – Web Site Issues 877.WTR.AQUA or 877.987.2782 firstname.lastname@example.org
Copyright © 2010. Aqua America, Inc. All Rights Reserved.
EFFECTIVE AS OF: DECEMBER 28, 2010
LAST UPDATED: JUNE 30, 2011