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terms and conditions

New York State Electric and Gas Corporation
Autopay Electronic Funds Transfer
Terms and Conditions Agreement


This Autopay Electronic Funds Transfer Agreement (“EFT Agreement”) is by and between New York State Electric and Gas Corporation, its successors and assigns (“NYSEG”), and each customer of NYSEG (“Customer”) electing to use the Autopay Electronic Funds Transfer Program (the “Service”). This Agreement governs Customer's use of the Service.

 

I. GENERAL

A. The Service consists of (i) the Autopay Electronic Funds Transfer program, which provides monthly payment of customer bills by automatic deduction of the amount due from the customer's designated bank account. Payment will be deducted electronically 23 days after the bill is issued to the customer.

B. By enrolling in the Service online, by mail or by telephone, and by using the Service,   
Customer agrees to the terms and conditions of this Agreement.

C. Customer's use of the Service is also governed by NYSEG’s PSC Tariff No. 119 found on
NYSEG’s Web site. Other than the method of payment set forth in the Tariffs, the Tariffs
remain in full force and effect and do not change because of Customer's election to use the
 Service. Customer should review the Tariff for any applicable fees (including Late Payment
Charges).

 

II. DEFINITIONS

The following terms shall have the following meanings as used in this Agreement:

A. “Business Day” means Monday through Friday, excluding Federal Reserve holidays and 
NYSEG holidays.  

B. “Due Date” means the date payment is due at NYSEG in order to avoid a Late Payment 
Charge. This date is shown on Customer’s NYSEG bill.

C. “Non-Sufficient Funds Charge” or “NSF” means a fee applied to Customer’s NYSEG    
account for any Returned Payments.

D. “Payment Account” means Customer’s checking or savings account from which bill 
payments will be made.

E. “Payment Amount” means the authorized dollar amount selected by Customer to be paid 
from the Payment Account.

F. “Payment Instruction” means the payment information provided by Customer to the Service 
for a series of recurring payments to be made to NYSEG from the Payment Account.

G.  “Returned Payment” means a payment that cannot be processed for any reason or that is 
 not approved by Customer’s financial institution.

H. “Scheduled Payment Date” means the Day upon which Payment will be submitted for debit against the Payment Account. A Scheduled Payment Date that falls on a non-Business Day will be processed the next Business Day.

I. “Service Provider” means any third party providing the Service on behalf of NYSEG.

 

III. AUTOPAY ELECTRONIC FUNDS TRANSFER SERVICE

A. To use the Autopay Electronic Funds Transfer Service, Customer will need the following:

  1. A valid bank account
  2. Active NYSEG service

B. Upon an election by Customer to use the Autopay Electronic Funds Transfer Service, Customer authorizes NYSEG to make arrangements with the bank or financial institution specified by the customer to deduct the customer's NYSEG payments, including any previous balance, from the customer's bank account. Customer also understands that they may discontinue participation in the electronic funds transfer service at any time by informing NYSEG of their intentions in writing to NYSEG or by using the address listed on the back of their NYSEG bill.
C. Customer agrees to regularly review Customer’s NYSEG account bills.
D. Customer agrees to maintain a valid bank account and to notify NYSEG of any changes in
such account. The accuracy of that bank account is entirely Customer's responsibility and 
in particular, but without limitation, should that bank account ever become invalid or should 
Customer wish to change the bank account to another bank account, it shall be Customer's
responsibility to notify NYSEG of such change in writing with 14 business days' notice. 
Customer shall remain fully liable for any bills of which notification has been sent to 
Customer's previous account.

 

IV. ELECTRONIC BILL PAYMENT

A. By providing NYSEG with Payment Instructions, either online, by mail or by telephone, 
Customer authorizes NYSEG’s Service Provider to debit Customer’s Payment Account for 
the Payment Amount. All payments are processed in accordance with standard banking 
procedures. The following business rules apply to all payments made through the Service:

  1. While it is anticipated that payment processing will be completed and payments will be debited from the Payment Account and posted to Customer’s NYSEG account within one (1) Business Day following the Scheduled Payment Date, it is understood that delays in debits to the Payment Account and/or posting of payments to Customer’s NYSEG account may occur, due to circumstances beyond the control of NYSEG (or NYSEG’s Service Provider). 
  2. In the event that Customer enrolls in electronic funds transfer before a bill has been issued, Customer bears the responsibility to use other methods of payment besides electronic funds transfer until Customer receives a bill indicating "AUTOPAY" in the Amount Due section of the payment stub and text on page 1 of Customer's bill indicating that an automated deduction will occur.
  3. In the event that Customer is enrolled in other recurring payments through nyseg.com's
    e-Bill service or another online billing provider, Customer bears the responsibility to cancel that recurring payment option to avoid duplicate monthly payments with Autopay Electronic Funds Transfer Service.
  4. If NYSEG is unable to process Payment Instructions for any reason associated with the Payment Account (for example, there are not sufficient funds in the Payment Account to cover the transaction), Customer will receive a return notice from NYSEG. In such cases, Customer agrees that:

(a) Customer will reimburse NYSEG immediately upon demand the transaction 
      amount that has been returned to NYSEG;

(b) Customer shall be liable for Late Payment Charges, NSF Charges, or any
      other applicable charges.

(c) NYSEG is authorized to report the facts concerning the return to a consumer
      reporting agency.

B. Customer may cancel Autopay Electronic Funds Transfer Service or change banking information Payment Instructions by contacting NYSEG in writing. There is no charge for canceling this service.

C. NYSEG will use its commercially reasonable efforts to ensure all payments are processed 
properly. However, NYSEG shall incur no liability if payments cannot be initiated through the
Service because of the existence of any one or more of the following circumstances:

  1. If the Payment Account does not contain sufficient funds to complete the transaction, or the transaction would exceed the credit limit of the Payment Account; 
  2. The Payment Instructions did not provide correct NYSEG account information or Payment Account  information to process the payment; or 
  3. Circumstances beyond the control of NYSEG (or the Service Provider), such as, but not limited to, fire, flood, or Interference from an outside force, prevent the proper execution of the transaction and NYSEG (and the Service Provider) have taken reasonable precautions to avoid those circumstances.

D. NYSEG agrees to make reasonable efforts to ensure full performance of the Service.
NYSEG will be responsible for acting only on those Payment Instructions which are actually
received and cannot assume responsibility for malfunctions in communications facilities
not under our control that may affect the accuracy or timeliness of messages Customer
sends. NYSEG is not responsible for any errors or failures caused by any malfunction of
Customer’s computer, and NYSEG is not responsible for any computer virus or related
problems that may be associated with the use of the Service. NYSEG’s sole obligation in 
the event the Service fails to perform is to reprocess any Payment Instructions received by 
NYSEG that NYSEG failed to process correctly.

E. IN NO EVENT SHALL NYSEG (OR THE SERVICE PROVIDER) BE LIABLE FOR ANY
     INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES,
     INCLUDING LOST PROFITS (EVEN IF ADVISED OF THE POSSIBILITY THEREOF) ARISING
     IN ANY WAY OUT OF USE OF THE SERVICE. In states which do not allow the exclusion or
     limitation of liability for indirect, special, incidental or consequential damages with respect
     to consumer services, NYSEG’s liability is limited to the maximum extent permitted by
     applicable law.

F. 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 , OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY
     LAW AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION.

 

V. ERRORS AND QUESTIONS

In case of errors or questions, contact NYSEG in the following manner:

  1. Email
    Email your comments or questions by using our secure write to NYSEG form. We will respond to requests within one to two business days. (Monday through Friday, 7 a.m. to 7 p.m., excluding holidays.) Do not send electronic messages if you have a natural gas emergency or smell a gas odor; call us directly at 1.800.572.1121.  To report a life-threatening electricity emergency, call us at 1.800.572.1131.
    Please note:
    If you use a spam blocker, please add custserv@nyseg.com to your acceptable list of e-mail addresses so we may  contact you regarding your request.
  2. Phone Number (Monday through Friday, 7 a.m. to 7 p.m., excluding holidays)1.800.572.1111.
  3. Mailing Address
    Customer Service
    P.O. Box 5240
    Binghamton, NY 13902-5240

 

VI. ALTERATIONS AND AMENDMENTS
NYSEG reserves the right to alter and/or amend this Agreement, applicable fees and service charges at any time. In such event, NYSEG shall post notice of changes via NYSEG’s Web site on this page. Any use of the Service after NYSEG posts a notice of change will constitute Customer’s agreement to such change(s).


VII. TERMINATION

A.  In the event Customer wishes to discontinue the Service, Customer may do so by 
de-enrolling through the online application, or by contacting NYSEG as provided in Section
V, above. All such notices of termination must be supplied ten (10) days prior to the actual 
termination date.

B. NYSEG (or the Service Provider) may terminate service at any time and/or revoke          
Customer’s right to use the Service upon prior notice to Customer. NYSEG reserves the
right to terminate Customer’s use of the Service if three (3) Non Sufficient Funds     
transactions are processed in any twelve (12) month period.

C. Termination shall not affect Customer’s liability or obligations under this Agreement.

 

VIII. INFORMATION AUTHORIZATION

Customer’s enrollment in the Service may not be fulfilled if NYSEG cannot verify Customer’s identity or other necessary information. Customer agrees that NYSEG reserves the right to obtain financial information regarding Customer’s Payment Account from a financial institution to resolve payment-posting problems.

 

IX. DISPUTES

In the event of a dispute regarding the Service, Customer and NYSEG agree to resolve the dispute by jointly looking to this Agreement. Customer agrees that this Agreement is the complete and exclusive statement of the agreement between Customer and NYSEG which supersedes any proposal or prior agreement, oral or written, and any other communications between Customer and NYSEG relating to the subject matter of this Agreement. If there is a conflict between what an employee of the Service Provider or NYSEG’s Customer Relations Department says and the terms of this Agreement, the terms of this Agreement will prevail.

 

X. GOVERNING LAW

A. This Agreement shall be governed by and construed and enforced in accordance with 
New York law.

B. In addition to the terms and conditions of this Agreement, Customer agrees to be bound by
and will comply with the requirements of the applicable Account Disclosure Statement, the
NYSEG Tariffs, the rules and regulations of any funds transfer system to which NYSEG
uses such as the National Automated Clearing House Association (NACHA), and
applicable state and federal laws and regulations.


PLEASE RETAIN THIS DOCUMENT FOR SAFEKEEPING AND REFERENCE AT ANY TIME DURING USAGE OF THE SERVICE. 

CUSTOMER HAS READ AND UNDERSTANDS THE FOREGOING AGREEMENT AND AGREES TO BE BOUND BY ALL OF ITS TERMS, AND ANY FUTURE AMENDMENTS WHICH MAY BE MADE TO THIS AGREEMENT FROM TIME TO TIME.