The City of Tallahassee e-Payment Service is subject to the following Terms and Conditions:
These Terms and Conditions ("Terms and Conditions") are in effect for all City of Tallahassee online internet transactions at any City of Tallahassee Website ("Website") on or after January 1, 2010 and apply to and govern access to and use of this Website for e-payment to the City of Tallahassee in exchange for goods and services provided by the City.
Do not use or access this Website for e-payment service ("City Service") if You do not agree to be bound by these Terms and Conditions.
As used in these Terms and Conditions, the term "payer" means a City customer who is located in the U.S. The terms "City of Tallahassee", "we", "our", "us", and "City" refer to the City of Tallahassee. The term "Receiver" means any City Department to which a payment is sent (i.e. the receiver of Your payment) in return for services provided to You. The terms "You" and "Your" may be used to refer to the payer or sender. The term "bank account" means a checking account, savings account, or money market account established in Your name at a bank or other financial institution. You may only designate bank accounts held in Your name for debiting to send a payment. The term, "business day," means Monday through Friday, except for holidays.
The City of Tallahassee Service
The City Service enables You to make payments to Receivers that are City departments providing goods\services to You. You authorize the City to debit Your designated bank account through the automated clearing house (ACH) electronic payment system. You also authorize us to send Your payment to the Receiver pursuant to the information and authorization You provide on the Website.
Timing of Payments
You should authorize Your payment at least two (2) business days before the payment due date. Typically payments made by ACH debit from Your bank account will be debited on the business day following your authorization. If we receive your authorization on a business day prior to the scheduled cutoff time, we will process your payment to the Receiver on the same business day. If we receive your authorization on a day that is not a business day or after the day's scheduled cutoff time, we will process your payment to the Receiver on the next business day. Typically the Receiver will post Your payment within one (1) business day after it has been processed by us.
Compliance
Sender represents, warrants and certifies to the City of Tallahassee that Sender's use of the City Website for the City Service shall not in any way, directly or indirectly, violate (1) any law, statute, ordinance, contract or regulation, including but not limited to any law, statute, ordinance, contract or regulation relating to money laundering, illegal gambling activities, support for terrorist activities, fraud or theft; or (2) any of the Terms and Conditions of use. When required by applicable law, Your City-Service transactions will be reported to federal, state, local or foreign authorities. In addition, the City will cooperate with law enforcement in the prosecution of illegal activities to the fullest extent permitted by applicable law. You will be required to provide the City with certain information to allow the City, among other things: to verify Your identity; to receive appropriate authorization; and to complete the transaction. The City is not an escrow service provider and You agree that You will not use City Service for escrow purposes. You agree that the information You provide is not false, inaccurate or misleading. Please refer to the City's Privacy Policy for information regarding use of Your information. It is also important to carefully review the information concerning refunds also located on the City's website. The City may amend these Terms and Conditions at any time by posting the amended terms on the Website, and all amended terms shall be effective immediately upon posting to the Website.
Payment
The payment amount is due and payable to the City before we process the transaction. You must pay for the service being provided to you by authorizing us to debit Your bank account via ACH. If the City does not receive this authorization from You, the transaction will not be processed and the payment will not be transmitted to the Receiver. We will send Your payment to the Receiver (City Department) through an ACH credit, together with the transaction information pertaining to Your payment. You agree not to request amounts that exceed Your limits on Your bank account, transfer limits or the balance of Your bank account (including any overdraft allowances by Your financial institution). Your agreement with Your financial institution governs use of Your bank account, and You must refer to that agreement to ascertain Your rights and liabilities as an account.
NSF; Additional Fees or Charges
You agree if there are insufficient funds ("NSF") in Your bank account to cover a requested payment, or if Your bank rejects a transfer for any other reason, the transaction will be cancelled and your payment will be reversed. You will be liable to the City for late fees and other charges. You may also be liable for any fees charged by the financial institution where You have Your bank account.
Revocation or Cancellation
You may not cancel a payment once it has been charged to or debited from your bank account.
Refunds
Refunds are issued at the discretion of the City manager or the manager's designee, unless proscribed by specific language governed by the City's Code of Ordinances. Generally, refund requests should be made to the City department from which the service was provided. In your request, you must include an explanation of your reasons for requesting a refund. Before enrolling for any services, please make sure you have carefully read and understood the requirements. If You are not sure about a City-offered service, costs associated with the service, or have questions about activities or how the process is managed, please contact the City's Customer Service Center at 850-891-0000 and You will be directed to the appropriate person. Please call the Receiving Department providing the services if You have questions concerning amounts posted to Your account.
Error Resolution
ALL QUESTIONS ABOUT YOUR E-PAYMENT SERVICE TRANSACTION MUST BE DIRECTED TO THE CITY. We are responsible for this City Service and for resolving any errors with transactions made with the City Service. In case of errors or questions about your service transaction, or if you need more information, contact the City's Customer Service Center at 850-891-0000. We must hear from you no later than 90 days after your financial institution sends you the first statement on which the problem or error appeared (this time period is subject to extension if a delay results from your initial attempt to notify your financial institution rather than us) and: (1) Tell us your name and the confirmation number; (2) Describe the error or payment you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information; and (3) Tell us the dollar amount of the suspected error. If you tell us orally, we may require that you send us your complaint or question in writing within 10 business days. We will determine whether an error occurred within 10 business days after we hear from you and will correct any error promptly. If we need more time, however, we may take up to 45 days to investigate your complaint or question. If we decide to do this, and if the transaction in question was made by a debit to your bank account, we will credit your bank account within 10 business days for the amount you think is in error, so that you will have the use of the money during the time it takes us to complete our 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 account. We will tell you the results within three business days after completing our investigation. If we decide that there was no error, we will send you a written explanation. You may ask for copies of the documents that we used in our investigation.
Liability for Unauthorized Charges to Your Bank Account
If you think someone has used or may use the City Service without your permission to authorize a debit to your bank account, contact the City's Customer Service Center at 850-891-0000 immediately. You should also contact your financial institution. Calling immediately is the best way to keep your losses down. Call us immediately if any unauthorized City of Tallahassee debits are shown on your bank account statement. If you do not tell us within 90 days after the date your statement was mailed to you and we could have prevented the loss, you may not get back any money you lost after the 90 days.
Documentation / Information
Payments will be listed as "CITYOFTALBKDRAFT" on your bank account statement. A confirmation will be made available to you on this Website after you submit your payment information. You should print and retain a copy of the confirmation or copy it to your hard drive for your records. You may also receive a confirmation email or you may contact Customer Service at any time to learn of City debits to your bank account. We will not send you a periodic statement listing transactions that you make using the City Service. The transactions will appear only on the statement issued by your financial institution. If you have any questions about one of these transactions, contact Customer Service.
City Liability
If we fail to charge or debit your account in accordance with these Terms and Conditions in the correct amount or in a timely manner when properly instructed by you, we may be liable as the law may impose in such cases. However, if there are insufficient funds in your bank account, or if the City does not receive authorization from You to debit Your bank account by ACH, the transaction will not be processed and funds will not be transmitted to the Receiver. The City assumes no obligation to send the payment to the Receiver if the City does not receive funds from the financial institution associated with your bank account. The City does not assume any liability for damages resulting from nonpayment or any failure to complete any applicable transaction by reason of the foregoing, or other matters beyond its control.
Limitation of Liability
THE CITY WILL BE RESPONSIBLE FOR ACTING ONLY ON THOSE INSTRUCTIONS THAT ARE PROPERLY TRANSMITTED THROUGH THIS WEBSITE AND ACTUALLY RECEIVED BY THE CITY, AND DOES NOT ASSUME RESPONSIBILITY FOR MALFUNCTIONS IN COMMUNICATIONS FACILITIES NOT UNDER ITS CONTROL THAT MAY AFFECT THE ACCURACY OR TIMELINESS OF SUCH TRANSMISSIONS. THE CITY IS NOT RESPONSIBLE FOR ANY LOSSES OR DELAYS IN TRANSMISSION OF INSTRUCTIONS ARISING OUT OF THE USE OF ANY INTERNET ACCESS SERVICE PROVIDER OR CAUSED BY ANY BROWSER OR OTHER SOFTWARE OR OTHER CIRCUMSTANCES BEYOND ITS CONTROL. THE CITY IS NOT RESPONSIBLE SHOULD YOU PROVIDE INCORRECT INFORMATION OR IF YOUR PAYMENT INSTRUCTIONS ARE NOT GIVEN SUFFICIENTLY IN ADVANCE TO ALLOW FOR TIMELY PROVISION OF THE SERVICES YOU REQUESTED.
Resolution of Disputes
You and the City (collectively referred to as the parties in this paragraph) both agree to use their best efforts to resolve, in an amicable manner, any disputes which may arise out of the operation of these Terms and Conditions to avoid the expense of litigation. In the event a situation arises where the parties are unable to resolve a disputed issue, then the parties shall pursue non-binding mediation. The parties agree, in good faith, to commit the resources necessary to mediate the matter in accordance with procedures to be established by the mediator. The mediator shall be chosen by agreement of the parties and the expense shared equally. If the parties are not able to amicably otherwise resolve a dispute within thirty (30) days following issuance of the mediator's report or other conclusion of such mediation, then the parties can thereafter pursue any other forms of relief that may be available to them under these Terms and Condition, at law, or in equity.
Indemnification
You agree to indemnify, defend and hold harmless the City, and all its officers, directors, owners, agents, employees, affiliates, licensors, licensees and third party service providers (collectively, the "Indemnified Parties") from and against any and all losses, damages, liabilities, and claims and all fees, costs, expenses of any kind related thereto (including, without limitation, reasonable attorneys fees) incurred by the Indemnified Parties in connection with any claim arising out of, based upon or resulting from (1) Your access to and/or use of the Website or City Services; and/or (2) Your breach or violation of the Terms and Conditions. The City reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You. You shall not in any event settle any matter without the written consent of the City.
Electronic Delivery of Future Disclosures
You agree to accept all subsequent disclosures (including, without limitation, any disclosures required under federal or state laws relating to privacy or electronic fund transfers) and other communications between You and the City on the Website or at the primary email address You provided. You may print and retain a copy of all such disclosures and communications by using Your personal computer and printer. In the event that Your primary email address changes, You must notify the City. You may revoke Your consent at any time by contacting Customer Service.
Intellectual Property
The Website, the City Service, the content, and all intellectual property pertaining thereto and contained therein (including but not limited to copyrights, patents, database rights, trademarks and service marks) are owned by the City or third parties, and all right, title and interest therein and thereto shall remain the property of the City and/or such other third parties. The Website and the City Service may be used only for the purpose permitted by these Terms and Conditions. You are authorized solely to view and retain a copy of the pages of the Website for Your own personal, non-commercial use. You agree that You may not duplicate, publish, modify, create derivative works from, participate in the transfer of, post on the World Wide Web, or in any way distribute or exploit the Website, the City Service or any portion thereof for any public or commercial use without the express written consent of the City of Tallahassee. You further agree: (1) not to use any robot, spider, scraper or other automated device to access the Website and/or City Service; and (2) not to remove or alter any copyright, trademark or other proprietary notice or legend displayed on the Website (or printed pages thereof). The name City of Tallahassee and other names and indicia of ownership of City Service are the exclusive marks of the City of Tallahassee or other third parties. Other product, service and company names appearing on the Website may be trademarks of their respective owners.
Links to Other Sites
The Website may contain links and pointers to other World Wide Web Internet sites and resources (the "Linked Sites"). Links to any Linked Site do not constitute an endorsement by or association with the City or any of its affiliates to any third party resources or their contents. Links do not imply that the City is affiliated or associated with or is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any Linked Sites are authorized to use any trademark, trade name, logo or copyright symbol of the City or any of its affiliates. You should direct any concerns regarding any Linked Site to such Linked Site's site administrator or webmaster. The City does not represent or endorse the accuracy or reliability of, and expressly disclaims, any advice, opinion, statement, or other information displayed or distributed through any Linked Site. You agree that reliance upon any opinion, advice, or information displayed on or otherwise available through any Linked Site shall be at Your sole risk.
Miscellaneous
These Terms and Conditions, together with all other items incorporated herein by reference, embody the entire agreement and understanding between You and the City regarding the Website and the City Service and supercede all prior agreements or understandings You have with the City. The City has the right to assign these Terms and Conditions to a subsidiary or Affiliate Company, or any third party, at any time without Your consent. You may not assign or transfer these Terms and Conditions without the City's prior written consent. If any one or more of these Terms and Conditions shall for any reason be held to be invalid, illegal or unenforceable, the remaining provisions shall remain valid and enforceable. Florida law, without regard to its rules regarding conflicts of law, governs your access to and use of the Website and the City Service. The Website and the City Service are directed to persons age 18 and over residing in the U.S. The Website and City Service are not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation.
For inquiries or comments, please write to: City of Tallahassee, Treasurer-Clerk's Office, 300 South Adams Street, Tallahassee Florida 32301. For telephone inquiries or comments, please call: 850-891-0000.