Toho Water Authority

Online e-Bill View and e-Bill Payment Service Agreement

Terms and Conditions

Welcome to Toho Water Authority’s (Toho) Online e-Bill View and e-Bill Payment Service. Please review this entire document which will explain the Terms and Conditions of Toho’s online services relating to the benefits and limitations of your agreement with Toho to use these services.

Acceptance of Terms and Conditions

Services

E-Billing

• You agree to electronically receive your bill and view your account. While enrolling you can select to have your bill mailed to you by the United States Postal Service. Past due notices will continue to be sent through the United States Postal Service. Should that change, we will notify you prior to electronically sending such notices.

E-Bill Payment Service - Paying your Toho bills online

By consenting to pay your bills electronically you understand and verify that: • You are providing Toho with your bank or credit card account information and agreeing to these Terms and Conditions. You authorize Toho or its contractor to follow the payment instructions that are received through the Toho Online Bill Payment Service. When Toho receives payment instructions, you authorize us to debit your bank or credit card 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 or credit card account to debit your bank or credit card account.

• If you properly follow procedures described herein, and Toho fails to process payments according to the payment instructions received, Toho 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.

• You are responsible for any fees associated with your bank or credit card account. In using Toho’s Online Bill Payment 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), the transaction will not be completed and Toho may assess late charges or penalties in accordance with Toho’s Rate Resolution.

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, laptop personal computer, tablet, or smartphone with adequate capability with the minimum of a web browser. You must also have the 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 have the capability to read, understand, and 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

• Toho 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 TOHO'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. Toho is 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. Toho is 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 Toho.

All questions about transactions made with the Toho Online Services must be directed to Toho and not to the bank or other financial institution where you have your bank or credit card account. Toho is responsible for Online Services and for resolving any errors in transactions.

• If you communicate with Toho verbally, Toho may require that you send your complaint or question in writing within 10 business days. Toho will determine whether an error occurred within 10 business days after receiving your call (or required written document), and if an error has occurred, Toho will correct any error promptly. If Toho needs more time to investigate, Toho may take up to 45 days, and if Toho needs the extra time, Toho will credit your bank or credit card account after 10 business days for the amount that you and Toho considers may be in error, so that you will have the use of the money during the time Toho needs to complete the investigation. If Toho asks you to put your complaint or question in writing and Toho does not receive it within 10 business days, Toho may not credit your bank or credit card account. You may request copies of documents that Toho used in the investigation.

• In addition, when or if you receive Toho's notice about 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 Toho 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 Toho’s Online Services electronically at any time.

• When you un-enroll in Toho Online Services all "scheduled" payments will be terminated. Toho 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 Toho’s Online Services to any other party. Toho 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 access fees and/or internet service fees that may be assessed by your cell phone and/or internet service provider when accessing Toho’s Online Services.

• This Agreement, including fees and service charges, may be changed by Toho from time to time, including the addition of new charges and terms. In such event, Toho shall provide notice to you. Any use of the Toho Online Services after you are provided with a notice of change will constitute your agreement to such changes. Further, Toho may revise or update the programs, services or related material that may render all such prior versions obsolete. Toho 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 Toho’s more recent revisions and updates.

• Toho shall not be deemed to have waived any of its rights or remedies under this Agreement unless such waiver is written and signed by Toho. If Toho delays 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.

• 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 this Agreement - Terms and Conditions.

Toho Water Authority

951 Martin Luther King Blvd

Kissimmee, FL 34761

Telephone: 407-944-5000

24 March 2023