PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY. THEY CONTAIN IMPORTANT
INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND
EXCLUSIONS THAT APPLY TO YOUR USE OF WWW.NWPSC.COM.
This web site located at URL www.nwpsc.com is managed by NWP Services
Corporation, a third party billing provider for your apartment community. The
following terms and conditions govern your use of this Site. By using this
Site, you are indicating your acceptance of the following terms and conditions
(the "Terms and Conditions"). We reserve the right to make changes to
this Site and these Terms and Conditions at any time.
Disclaimer of Liability
Disclaimer and Limitation of Liability as to this Site
While we endeavor to provide the most accurate, up-to-date information
available, the directories and information on this Site may be out of date or
include omissions, inaccuracies or other errors. This Site and the materials
therein are provided "AS IS." We make no representations or
warranties, either express or implied, of any kind with respect to this Site,
its operations, contents, information or materials. WE EXPRESSLY DISCLAIM ALL
WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO THIS SITE OR ITS
USE, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE.
You agree that we, our directors, officers, employees or other representatives
shall not be liable for damages arising from the operation, content, or use of
this Site. You agree that this limitation of liability is comprehensive and
applies to all damages of any kind, including without limitation direct,
indirect, compensatory, special, incidental, punitive and consequential
damages, damages for loss of profits, revenue, data and use, incurred by you or
any third party, whether in an action in contract or tort, arising from your
access to, and use of, this Site or any other hyper-linked Web site.
Capacity; Access
You represent to us that you are of the legal age of majority in your state of
residence and/or that you are an duly authorized user of an account on this
site. We reserve the right to restrict access to this Site by any user to the
extent we deem it necessary.
Typographical Errors
In the event a statement is made on the Site with incorrect information due to
typographical error or information received from our third party service
providers, we will correct the statement. In the event a typographical error
inadvertently causes incorrect charge amounts to be reflected on your billing
statement to you that are less an the actual charges for which you are
responsible, you will still be responsible for the total actual charge upon
receipt.
Privacy Policy
We consider the privacy of our users to be paramount, and we have developed a
privacy policy to protect and inform our users ("Privacy Policy").
Our current Privacy Policy is incorporated herein by reference and made part of
these Terms and Conditions. Click here to review our privacy policy.
Feedback
We welcome all comments, feedback, information, or materials, which you submit
to us through or in conjunction with this Site ("Feedback"). You may
submit feedback by email at residentservices@nwpsc.com. Please note that your
Feedback shall be considered non-confidential and become our property. By
submitting your Feedback to us, you agree to a no charge assignment to us of
all right, title and interest in copyrights and other intellectual property
rights on a worldwide basis to your Feedback. We shall be free to use your
Feedback on an unrestricted basis.
Links
This Site may contain links to other Web sites on the Internet that are owned
and operated by third parties. You acknowledge that we do not endorse and are
not responsible for the operation of or content located on or through any such
Web site.
Third Party Content
Certain content from third party vendors may be made available as part of this
Site. This content is believed to be reliable, but we do not endorse or
guarantee the accuracy or completeness of this content.
Account Use and Pay Service
Business Hours
Our business days and hours are Monday through Friday from 6a.m. to 6 p.m. PST,
excluding holidays. You can contact us at residentservices@nwpsc.com., or by
calling 800-845-6767. Our toll free line is generally available for credit card
payments seven (7) days a week, 24 hours a day. However, the payments made on
the weekends or holidays using our toll free line automated service, or website
payment service, will not be posted until the next business day. If your
payment is made after 3pm PST on a normal business day, the payment will be
posted to your account on the following business day.
Account Access
The bill payment service accesses your checking account. No type of account
other than a credit card account may be used via the website or toll free line
to pay your bill. When we receive a payment instruction, you authorize us to
charge your credit card account and remit funds on your behalf. Funds will be
withdrawn from your account and the payment initiated on the date you specify
or the next business day (based on when the payment request was received). You
understand and agree that you are responsible for scheduling the payment with
sufficient time for processing and handling. For this reason, it is recommended
that all payments be scheduled to transact at least one (1) business day before
the actual due date (unless weekend, then allow more time). We cannot process
payment requests without complete information. If you properly follow the
procedures described herein, and we fail to send a payment on the instructed
date or the next or the next business day, we will bear responsibility for
related late charges. In any other event, including but not limited to choosing
a payment date less than one (1) business day 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.
Payments; Limitations
Payments are made either by electronic means (credit card on website, automated
phone assistor, call center assist) or by a check mailed via U.S. Mail.
We will incur no liability if we do not complete a credit card payment,
according to our agreement to process payment, in the correct amount and on
time (subject to the one (1) business days transaction prior to due date
discussed above, or two business days if payment made on the Saturday or
Sunday) if any of the following circumstances exists:
1. Your account does not contain credit to complete the payment or the payment
would exceed the credit limit of your account.
2. You have not provided us with the credit card information.
3. Circumstances beyond our reasonable control prevent the proper execution of
the transaction and we have taken reasonable precautions to avoid those
circumstances.
4. If the credit card is subject to legal process or other encumbrance
restricting the payment.
Provided none of the foregoing four (4) exceptions to our performance
obligations are applicable, if we cause an incorrect amount of funds to be
removed from your transaction account or causes funds from your transaction
account to be directed to a person or entity which does not comply with your
payment instructions, we shall be responsible for returning the improperly
transferred funds to your credit card account and for directing to the proper
recipient any previously misdirected payments.
THE FOREGOING SHALL CONSTITUTE NWP SERVICES CORPORATION'S ENTIRE LIABILITY AND
YOUR EXCLUSIVE REMEDY WITH RESPECT TO CREDIT CARD PAYMENT. IN NO EVENT SHALL
NWP SERVICES CORPORATION OR ANY THIRD PARTY WORKING WITH NWP SERVICES
CORPORATION BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL,
CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING LOST PROFITS (EVEN IF ADVISED OF
THE POSSIBILITY THEREOF) ARISING IN ANY WAY OUT OF THE USE OF THIS SERVICE.
Password and Security
You agree not to give or make available your password to any unauthorized
individuals. If you believe your personal access code has been lost or stolen
or that someone has used your credit card or may use your credit card without
your permission, telephone us at 800-845-6767, or advise us via e-mail
residentservices@nwpsc.com as soon as possible. We may terminate or suspend
your access to or use of all or part of this Site, without notice, for any
conduct that we believe is disruptive to this Site or is in violation of any
applicable law or these Terms and Conditions. You agree to promptly notify NWP
Services Corporation in writing of any address change.
Charges
There is a $2.50 convenience fee for using our credit card payment service
online and a $4.00 charge is using our credit card payment service over the
phone.
Insufficient Funds
If your payment issued via check - to our payment posting center, is returned
unpaid, and we are unable to complete the transaction (for example, if there
are not sufficient funds in your account to cover the transaction), our normal
policies, procedures, and processing charges for items drawn against
insufficient or uncollected funds will apply. If you feel a check has not
cleared as intended, please contact your banking institution so they can
confirm and another payment can be submitted. We are under no obligation to
notify you if your check is returned unpaid.
Payment Modifications and Stop Payments
You may not modify your credit card payment after you have gained an approval
number. Once you have been given an approval number, your credit card payment
has been accepted and may not be modified. Once the funds have been debited
from your account to make a payment, we will be unable to stop the payment from
being made.
When making payment by mail, once the funds have been debited from your account
to make a payment, we will be unable to stop the payment from being made.
Alterations or Amendments
We may change terms or amend these terms and conditions and/or our processes and
terms with respect to payment acceptance and processing from time to time
without notice unless otherwise provided by law. You agree that an electronic
mail message constitutes written notice. Any use of the bill payment service
after the effective date of the change will constitute your agreement to such
charge(s).
Communication of Urgent Matters
If you need to contact us on an urgent matter, including an unauthorized
transaction via credit card, please call us at 800-845-6767. This will allow us
to address your situation in the most timely manner. Please DO NOT e-mail us
with any matters that you consider to be urgent, including unauthorized
transactions.
Disputes
In the event of a dispute regarding the bill payment service, you and NWP 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 us which supersedes any proposal or prior agreement, oral or written, and
any other communications between you and NWP relating to the subject matter of
this agreement. If there is a conflict between what one of our employees says
and the terms of this agreement, the terms of this Agreement shall control.
Waiver
NWP shall not be deemed to have waived any of our rights or remedies hereunder
unless such waiver is in writing and signed by us. No delay or omission on the
part of either in exercising any rights or remedies shall operate as a waiver
of such rights or remedies or any 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.
Copyright and Trademark Notice
All content included on this Site, such as text, graphics, logos, button icons,
images, audio clips, digital downloads, data compilations, and software (and
the compilation of such content), is the property of NWP Services Corporation,
or its content suppliers and is protected by United States and international
copyright laws. All software used on this Site is the property of the NWP
Services Corporation or its software suppliers and protected by United States
and international copyright laws.
All marks indicated as registered on this Site are registered trademarks of NWP
Services Corporation, in the United States and other countries. Other graphics,
logos, page headers, button icons, scripts, and service names are trademarks or
trade dress of NWP Services Corporation or their content suppliers. The
trademarks and trade dress on this Site may not be used in connection with any
product or service that is not ours, in any manner that is likely to cause
confusion among customers, or in any manner that disparages or discredits us.
All other trademarks not owned by us or our subsidiaries that appear on this
Site are the property of their respective owners, who may or may not be
affiliated with, connected to, or sponsored by us.
Compliance With Laws
You agree to comply with all applicable laws, statutes, ordinances and
regulations regarding your use of this Site and your purchase of products or
services through this Site. We may, in our sole discretion, report actual or
perceived violations to law enforcement or appropriate authorities. If we
become aware, through a complaint or otherwise, of any potential or suspected
violation of these Terms and Conditions or the Privacy Policy, we may (but are
not obligated to) conduct an investigation to determine the nature and extent
of the suspected violation and the appropriate enforcement action, during which
investigation we may suspend services to any customer being investigated and/or
remove any material from our servers. You agree to cooperate fully with any
such investigation. You acknowledge that violations of the Terms and Conditions
or the Privacy Policy could be subject to criminal or civil penalties.
Applicable Law
You agree that any legal action brought against NWP Services Corporation shall
be governed by the laws of the State of California, without regard to conflict
of law principles. You agree that the sole jurisdiction and venue for any
litigation arising from your use of or orders made on this Site shall be an
appropriate federal or state court located in Orange County, California. We
make no representations that the content in this Site is appropriate for access
outside the United States. Those who choose to access this site from outside
the United States do so on their own initiative and are responsible for
compliance with local laws and are strictly prohibited from purchasing products
from this Site.
General
If any provision or provisions of these Terms and Conditions shall be held to be
invalid, illegal, or unenforceable, such provision shall be enforced to the
fullest extent permitted by applicable law and the validity, legality, and
enforceability of the remaining provisions shall not be affected thereby. You
may not assign your rights or obligations under these terms and conditions
without our express written consent.