Terms and Conditions

BILL PRESENTMENT SERVICE

By providing your Cascade Natural Gas account number, you authorize Cascade Natural Gas ("Payee") to present your billing data on Payees biller direct site (www.cngc.com) for electronic bill presentment. You may choose to remit payment to the Payee using any method you choose, including, but not limited to CNGC.com Online Account Services (the "Service").

AUTHENTICATION AND AUTHORIZATION FOR SERVICE USAGE

The Service will use commercially reasonable methods to authenticate the information that you have supplied during enrollment for use of the service. You will not be able to submit payments until the Service authenticates you. As the user of these services, and upon acceptance of these Terms and Conditions, you will have submitted Banking Account information only for which you are properly authorized to do so. You bear the burden of any legal, regulatory, or otherwise, penalties and fees that may be assessed by supplying false information to the service.

A business account that you may choose to pay from must be one from which you are properly authorized to do so.

You hereby authorize the Payee, to initiate debit entries to your designated account per the instructions submitted. Each time you enter a new banking account number, you will be asked to reauthorize the debiting of that specific account. This authorization is to remain in full force and effect until Payee has received notification from you of its termination in such time and in such a manner as to afford Payee and the Financial Institution a reasonable opportunity to act on it.

BILL PAYMENT SERVICE

By providing the Service with the account information to which you wish to direct payments, you authorize the Service to follow the payment instructions that it receives through the payment system.

When the Service receives a payment instruction, you authorize the Service to debit your transaction account and remit funds to the Payee on your behalf so that the funds arrive at the Payee as close as reasonably possible from the date sent by you. It is recommended that all payments or transfers be scheduled to transact at least three (3) business days before the actual due date. (Business days are Monday through Friday, except for banking holidays. "Banking Holidays" shall mean all federal banking holidays). In any other event, including, but not limited to, choosing a send date less than three (3) business days prior to the actual due date, the risk of incurring, and the responsibility for paying, any and all late charges or penalties shall be borne by you. Payment instructions received after 7:00 P.M. will be deemed to have been received on the following day.

The Service will use its best efforts to process all your payments properly. However, the Service shall incur no liability if it is unable to complete any payments initiated by you through the Service because of the existence of any one or more of the following circumstances:

  1. Your transaction account does not contain sufficient funds to complete the payment or the payment would exceed the credit limit of your overdraft account;
  2. The bill payment processing center is not working properly and you know or have been advised by the Service about the malfunction before you execute the transaction;
  3. You have not provided the Service with the correct name or account information for the Payee; or,
  4. Circumstances beyond the Service's control (such as, but not limited to, fire, flood, or interference from an outside force) prevent the proper execution of the payment and the Service has taken reasonable precautions to avoid those circumstances.

Provided none of the foregoing four (4) exceptions are applicable, if the Service causes an incorrect amount of funds to be removed from your transaction account or causes funds from your transaction account to be directed to the Payee which does not comply with your payment instructions, the Service shall be responsible for returning the improperly transferred funds.


THE FOREGOING SHALL CONSTITUTE THE SERVICE'S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY. IN NO EVENT SHALL THE SERVICE BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING LOST PROFITS (EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING IN ANY WAY OUT OF THE INSTALLATION, USE, OR MAINTENANCE OF THE EQUIPMENT, SOFTWARE, AND/OR THE SERVICE.

EXCLUSIONS OF WARRANTIES

The Service and related documentation are provided "AS IS" without any warranty of any kind either expressed or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose.

PASSWORD AND SECURITY

You agree not to give or make available your bill payment password or other means to access your transaction account to any unauthorized individuals. You agree to only access billing data through this interface or authorized third party interfaces. You are responsible for all bill payments you authorize using the Service. If you believe that your bill payment password or other means to access your transaction account has been lost or stolen or that someone may attempt to use the Service without your consent or has transferred money without your permission, you must notify the Payee at once through application messaging or e-mail.

ERRORS AND QUESTIONS

In case of errors or questions about your transactions, you should notify the Payee through application messaging or e-mail.

You must: 1) Tell Payee your name and account number; 2) Describe the error or the transaction 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 Payee the dollar amount of the suspected error. If you tell us orally, we may require that you send your complaint in writing within ten (10) business days. We will tell you the results of our investigation within ten (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 forty-five (45) calendar days to investigate the complaint or question. If we decide to do this, we will provisionally credit your transaction account within ten (10) business days for the amount you think is in error, so that you may 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 ten (10) business days, we may not provisionally credit your transaction account. If we determine there was no error, we will send you a written explanation within three (3) business days after we finish the investigation. You may ask for copies of documents, which we used in our investigation. We may revoke any provisional credit provided to you if we find that an error did not occur.

DISCLOSURE OF ACCOUNT INFORMATION TO THIRD PARTIES

We will disclose information to third parties about your account or the transactions you schedule through the Service ONLY in the following situations: 1) Where it is necessary for completing transactions; 2) In order to comply with a governmental agency or court orders; or, 3) If you give us your written permission.

CHARGES

Fees associated with your standard deposit accounts will continue to apply. You are responsible for any and all telephone access fees and /or Internet service fees that may be assessed by your telephone and/or Internet service provider.

IN THE EVENT A SERVICE TRANSACTION IS RETURNED

In using the Service, you are requesting the system to make payments for you from your designated transaction account. If your financial institution is unable to process a transaction (for example, there are not sufficient funds in your transaction account to cover the transaction), the transaction may not be completed. The Payee is not liable if there are insufficient funds or credit availability in your designated payment account and/or overdraft protection plan; if legal order directs us to prohibit withdrawals from the payment account; if the payment account is closed or frozen; or if any part of the electronic funds transfer is not working.

ALTERATIONS AND AMENDMENTS

The terms of this Agreement may be altered or amended from time to time. In such event, the Service shall attempt to provide a notice of change. Any use of the Service after the Service sends you a notice of change will constitute your agreement to such change(s). Further, from time to time, the Service may revise or update the programs, services, and /or related material, out of date which may render all such prior versions of the programs, services, and/or related material and limit access to the Service's more recent revisions and updates.

ADDRESS OR BANKING CHANGES

Any change to the information submitted at enrollment for this service will be made available to you within the service. Changes will be submitted to the Payee and updated in a commercially reasonable timeframe.

TERMINATION OR DISCONTINUATION

The Service may terminate service to you at any time.

DISPUTES

In the event of a dispute regarding the Service, you agree to resolve the dispute by looking to this Agreement. You agree that this Agreement is the complete and exclusive statement of the agreement between you and the Service, which supersedes any proposal or prior agreement, oral or written, and any other communications between you and the Service relating to the subject matter of this Agreement. If there is a conflict between what one of Service's employees says and the terms or this Agreement, the terms of this Agreement will prevail.

ASSIGNMENT

You may not assign this Agreement to any other party. The Service may assign this Agreement to any future, directly or indirectly, affiliated company. The Service may also assign or delegate certain of its rights and responsibilities under this Agreement to independent contractors or other third parties. We reserve the right to terminate access to any account(s) enrolled in the Service at any time. We also reserve the right to change any charges, fees, or terms described in the Services' Terms and Conditions.

NO WAIVER

The Service shall not be deemed to have waived any of its rights or remedies hereunder unless such waiver is in writing and signed by the Service. No delay or omission on the part of the Service in exercising any rights or remedies shall operate as 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.

CAPTIONS

The captions of sections hereof are for convenience only and shall not control or affect the meaning or construction of any of the provisions for this Agreement.

GOVERNING LAW

In addition to these terms and conditions, you agree to be bound by and will comply with the requirements of the applicable Account Disclosure Statement, the Payee's rules and regulations, the rules and regulations of any funds transfer system to which the Payee uses such as the National Automated Clearing House Association (NACHA), and applicable state and federal laws and regulations. The Payee agrees to be bound by them also.

You should print and retain this document for safekeeping and reference at any time during usage of the Service.

I HAVE READ AND UNDERSTAND THE FOREGOING AGREEMENT AND AGREE TO BE BOUND BY ALL OF ITS TERMS, AND ANY FUTURE AMENDMENTS WHICH MAY BE MADE TO THIS AGREEMENT FROM TIME TO TIME.