By using our Services, you are agreeing to these terms. Please read them carefully
Terms And Conditions
ENERGY HARBOR
Electronic Bill Payment
Terms and Conditions
Welcome to the Electronic Bill Payment Service (“EBP Service”) for Energy Harbor. The following Terms and Conditions govern the use of the Energy Harbor EBP Service to pay your Energy Harbor bills online.
Acceptance of Terms and Conditions
BY CLICKING "I AGREE" BUTTON BELOW, YOU AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS AND YOU WILL BE ABLE TO PAY YOUR BILLS FROM ENERGY HARBOR THROUGH THE ENERGY HARBOR EBP SERVICE.
IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE ENERGY HARBOR EBP SERVICE.
Services
Paying your bills through Energy Harbor EBP Service
You agree that it is your responsibility to pay your electric bills monthly and that you are responsible for any late fees for such bills.
As part of the Energy Harbor EBP Service, you will provide Energy Harbor with your bank or credit card account information and instructions regarding the payment of your electric bills from your account. You authorize Energy Harbor, or its contractor, to follow the Payment Instructions and debit or charge your account and obtain funds on your behalf. You also authorize the financial institution that holds your account to make such payments.
Transactions should appear on your bank or credit card account statements and your next monthly electric statement. You are responsible for any fees associated with your bank or credit card account and your financial institution may be responsible to provide disclosures, receipts, statements, and other communications for such accounts. Questions about bank or credit card account statement, lists of your transactions, or errors or unauthorized transfers, stopped payments, fees imposed on your account, or your limitation of liability should be directed to your financial institution.
Payment Instructions must be entered prior to 2:00 p.m. Eastern Standard Time on or before the due date to avoid a late payment charge. If you properly follow procedures described herein, including submitting your Payment Instruction prior to the 2:00 p.m. cutoff time, and Energy Harbor fails to process payments according to the Payment Instructions received, Energy Harbor 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.
In using Energy Harbor EBP Service, you are requesting the system to make payments for you from your bank or credit card account. If we are unable to complete a transaction for any reason associated with your bank or credit card account (for example, there are not sufficient funds or the payment exceeds credit limits), the transaction will not be completed and Energy Harbor may assess any applicable late charges or penalties for bills that are not paid on time.
Consent to Receive Information Electronically
By accepting these Terms and Condition, you consent that Energy Harbor may maintain an electronic record of your agreement.
In order to pay your bill electronically, and to access and retain any disclosures you receive, you will need a personal computer with a minimum web browser that supports 128 bit encryption. You must also have ability to receive and read email. 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 Energy Harbor EBP Service.
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 may 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 (E-SIGN) Act and intend that this statute applies to the fullest extent possible.
Privacy / Security
You recognize and agree that Energy Harbor will use the information you provide for participation in the EBP Services, including disclosure of the information to other parties involved in the EBP Service, such as contractors, financial institutions and governmental agencies and that the use of such information shall be otherwise subject to Energy Harbor Corp. General Privacy Notice located at www.energyharbor.com.
You understand that the information you provide and receive as part of the EBP Service is confidential in nature. You are responsible for all transactions others authorize on your account if you permit other individuals to use this service. If you use this service for business account(s), you are responsible for establishing and maintaining your own internal security procedures to prevent use by unauthorized employees or persons.
Notice of Limitations and Exclusions of Warranties
We are not responsible for unauthorized access by third parties to information and/or communications provided electronically or for delays in the transmission of any information, computer virus or related problems, loss of data or other service interruptions. You agree that you remain solely responsible for timely payment of the amount due.
YOU AGREE THAT ENERGY HARBOR EBP SERVICES ARE PROVIDED "AS-IS" WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, FIRSTENERGY SOLUTIONS HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
YOUR USE OF THE EBP SERVICE IS AT YOUR OWN RISK. NEITHER ENERGY HARBOR NOR ANY OF THEIR SUBSIDIARIES, AFFILIATES, OFFICERS OR DIRECTORS, NOR ANY OF THEIR AGENTS OR ANY OTHER PARTY INVOLVED IN THE EBP SERVICE ARE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE EBP SERVICE WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. Some states do not permit limitations or exclusions on liabilities, so the above limitations may not apply to you.
Indemnification
You agree to indemnify, defend, and hold harmless Energy Harbor, its officers, directors, employees, agents, licensors and suppliers from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these Terms and Conditions or any activity related to the EBP SERVICE (including negligent or wrongful conduct) by you or any other person accessing your account by using your Internet or mobile device account.
Customer Service
All questions about transactions made with the Energy Harbor EBP Services must be directed to Energy Harbor and not to the financial institution where you have your bank or credit card account. Energy Harbor is responsible for the EBP Services and for resolving any errors in transactions.
You understand that participation in the EBP Service does not affect any of your rights to file a complaint with your state's Public Utilities Commission or Board.
Termination
You or Energy Harbor may terminate your use of the EBP Services at any time. Discontinued use of the EBP service shall not affect your liability or obligations under these Terms and Conditions or your obligation to pay your electric bills.
General
You may not assign your rights under these Terms and Conditions to use the Energy Harbor EBP Services to any other party. Energy Harbor may assign its rights under these Terms and Conditions at our sole discretion or delegate certain rights and/or responsibilities to third parties or vendors/contractors.
These Terms and Conditions and the EBP Services may be changed by Energy Harbor from time to time, including the change or addition of any fee and service charges. In such an event, Energy Harbor shall provide notice to you. Any use of the Energy Harbor EBP Services after we provide you with a notice of change will constitute your agreement to such changes.
Energy Harbor shall not be deemed to have waived any of their rights or remedies under these Terms and Conditions unless such waiver is written and signed by Energy Harbor. If we delay or refrain from exercising any rights or remedies under these Terms and Conditions, 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.
The captions of sections hereof are for convenience only and shall not control or affect the meaning or construction of any of the provisions of these Terms and Conditions.
If you have additional questions or comments of any kind, please let us know by email or by sending your comments or requests to:
Energy Harbor
Attn: EBPP Services
168 East Market Street
Akron, OH 44308
1-800-977-0500 or
[email protected]
Copyright © 2020 Energy Harbor Corp. All Rights Reserved. EFFECTIVE AS OF: 5/20/2020
LAST UPDATED: May, 2020 CMB.
