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the directories and information on this Site may be out of date or include omissions,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 $2.75 convenience fee for using our credit card payment service online or
through our IVR line and a $11.00 charge if using our credit card payment service over
the phone with a live agent.
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.