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Online Billing Terms & Conditions

tel:408-279-7900

Last Updated February 28, 2013

Please take a moment to review the Terms and Conditions presented below.

Agreement To Terms and Conditions:

Welcome to the San Jose Water (SJW) Online Billing Presentment and Automatic Payment Service (Paperless Billing or Online Billing). There is no charge for using this service. This document forms the basis of the agreement between you and SJW in relation to your use of Online Billing. In addition to the Online Billing Terms and Conditions, you also agree to accept the SJW Website Terms of Use, which are incorporated herein by reference.

Terms and Conditions:

1. Online Billing Enrollment

  • By enrolling or registering for the Online Billing service, you are indicating that you would like to use Online Billing to view your SJW invoices online.
  • By registering and completing the required forms, you are considered enrolled. The next time your account is billed you will receive an email notification that a new invoice is available online.
  • After registering, you may discontinue Online Billing presentment by email or written notification to SJW as set forth in section 2.c.
  • By completing other enrollment information, you can choose to pay your bill by Automatic Payment Service (APS) or through this website.

2. Limitations, Charges, and Cancellation:

  • Service Limitations:
    SJW will take commercially reasonable efforts to make your Online Billing experience productive and pleasant. However, technical or other difficulties cannot always be foreseen or anticipated. These difficulties may result in loss of data, personalized settings or service interruptions.
     
  • Online Billing Changes and Discontinuation:
    SJW reserves the right to change or discontinue Online Billing, temporarily or permanently, at any time without notice. SJW will not be liable to you or any third party for any damages associated with any modification or discontinuance of the service.
     
  • Cancellation:
    You may cancel your Online Billing enrollment any time by sending a request for cancellation to customer.service@gxitma.net or by conventional mail to 110 W. Taylor St., San Jose, CA 95110, attention: Customer Service.

3. Conditions for Use:

The following conditions are required for your benefit and security and comply with applicable laws. Any conduct that violates these usage conditions is grounds for termination of Online Billing enrollment.

  • Provide Accurate Information:
    • You agree to provide true, accurate, current and complete information about you as requested in the Online Billing registration form, and account set-up forms.
    • You agree not to misrepresent your identity.
    • You agree to keep your registration and account information up to date and accurate.
       
  • Guard Your Password:
    You will be asked to select a User ID and password when registering. You are responsible for maintaining the confidentiality of your ID and password. You are fully responsible for all activities that occur using your ID, password, or account. Any unauthorized use of your password, account or any breach of security must be immediately reported to SJW. SJW will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without our knowledge. You may not use anyone else's password at any time.
     
  • Obey the Law:
    You agree not to use Online Billing for illegal purposes or for the transmission of material that is unlawful, harassing, libelous (untrue and damaging to others), invasive of another's privacy, abusive, threatening, or obscene, or that infringes or misappropriates the rights of others.
     
  • Unauthorized Access and Use:
    Online Billing is provided for the use of SJW customers for SJW's legitimate business purposes only. SJW strictly prohibits the actual or attempted unauthorized access, use, or modification of this system.

    Unauthorized use or users are subject to criminal and civil penalties under state, federal or other applicable domestic and foreign laws. The use of this system may be monitored and recorded for administrative and security reasons. Anyone accessing the system expressly consents to such monitoring and is advised that if such monitoring reveals possible evidence of criminal activity, SJW may provide evidence of such activity to law enforcement officials.
  • Proprietary Rights:
    You acknowledge and agree that SJW and its service provider, Kubra Data Transfer, Ltd., own all rights to this website and content. You are only permitted to use this content as expressly authorized. SJW grants the right to download, view, copy and print documents and the graphics incorporated therein from Online Billing for personal and non-commercial purposes only. Nothing on or obtained from the site may be altered or modified in any way, shape, or form, without the advance express permission of SJW. SJW retains any and all of its copyrights to the entire site. Any use of copyrighted material requires the advance written permission of the SJW.

4. Rights you Grant to SJW:

  • Advertising:
    You agree that SJW may display advertisements and promotions of all kinds in and with Online Billing.     
  • Account Access:
    In order to ensure that SJW is able to provide high-quality services, you agree that SJW employees may have access to your account and records as reasonably needed to investigate complaints and/or otherwise provide service and support, as needed.

5. Disclaimer of Warranties:

You expressly understand and agree that:

Your use of Online Billing is at your own sole risk and this site and all content, materials, information software, products and services provided on this site are provided on an AS IS and AS AVAILABLE basis. ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT ARE HEREBY EXPRESSLY DISCLAIMED BY SJW. SJW MAKES NO WARRANTY THAT:

  • Online Billing will meet your requirements.
  • Online Billing will be available on an uninterrupted, timely, secure, or error-free basis.
  • The quality of any products, services, information, or other material purchased or obtained by you through Online Billing will meet your expectations.
  • Any errors in technology will be corrected.

ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF ONLINE BILLING IS DONE AT YOUR DISCRETION AND RISK; SJW SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, OR INFORMATION OR SOFTWARE. SJW RESERVES THE RIGHT TO MAKE CHANGES OR UPDATES TO THE SITE AT ANY TIME WITHOUT NOTICE

6. Limitation of Liability:

BY USING ONLINE BILLING, YOU AGREE THAT SJW SHALL HAVE NO LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, ARISING FROM ACCESS TO, OR USE OF, THIS SITE. SOME OF THE LIMITATIONS MAY NOT APPLY TO YOU IF YOU LIVE IN A JURISDICTION WHICH FORBIDS OR DOES NOT ALLOW THEM.

7. Indemnification:

You agree to defend, indemnify and hold harmless SJW, its affiliates, and service providers from any and all claims, liability, damages, losses or expenses (including, but not limited to, reasonable attorneys fees and costs) caused by or arising from your use of the service, your violation of the Terms and Conditions, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of anyone, or any other loss arising out of or in any way connected with access or use of Online Billing. 

8. Applicable Law:

All matters relating to access to, and the use of, Online Billing shall be governed by California law. Any legal action or proceeding relating to your access to, or use of, Online Billing shall be governed in accordance with the laws of the State of California.

9. Miscellaneous:

  • Amendments:
    SJW may amend this agreement at any time by providing notice to you of the amendment. If you do not agree with the terms of the amendment, you can terminate this agreement as described in section 2 above.
     
  • Assignments:
    This agreement is personal to you and you may not assign it to anyone.
     
  • Notices:
    Any and all notices to you shall be in writing and shall be made either via email or conventional mail, at SJW's discretion. SJW may broadcast notices or messages through the service to inform you of changes to the Terms and Conditions, the service, or other matters of importance. Such broadcasts shall constitute notice to you. Any and all notices to SJW must be made in writing, either through email at customer_service@gxitma.net or conventional mail at 110 W. Taylor St., San Jose, CA 95110, attention: Customer Service.
     
  • Severability:
    If any provision of these Terms and Conditions is held to be unenforceable, then such provision shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect.
     
  • Entire Agreement:
    All terms and conditions set forth herein constitute the entire understanding between you and SJW regarding Online Billing.

10. Contact Information:

For questions regarding these Terms and Conditions contact us at: (408) 279-7900.