TERMS AND CONDITIONS

SECTION 1.   GENERAL.

A.   Applicability.  These terms and conditions apply to:

   1.   Payments made via credit card, debit card, or eCheck (collectively, "Payment Method") to the Village of Brookfield (the "Village") through this online payment service ("Service");

   2.   Electronic communications sent by the Village to you in connection with a  payment made through the Service.

B.   Convenience Only.  The Village provides this Service only as a convenience.  The Village does not warrant or guarantee that this Service will be accessible or available at all times or will function free from defects or flaws.  Payments submitted through this Service may not post to your utility account immediately.  The Village is not responsible or liable for any inability by you to make timely payments using this Service.  You are responsible for paying all amounts due and owing to the Village on time, whether or not this Service is accessible or functioning properly.  You acknowledge and agree that: (1) you have no right to rely on this Service to fulfill your obligation to make timely payments to the Village; and (2) the Village may terminate your use of this Service at any time at the Village's sole discretion.

SECTION 2.   AUTHORIZATION.

By entering your Payment Method and payment information and clicking "I agree to the Terms and Conditions," you represent and warrant, under penalties of perjury, that:

A.   You are an authorized user of the Payment Method;

B.   The information you have entered in connection with the payment is true, correct, and accurate;

C.   You authorize the Village to charge the amount you have requested to your Payment Method; and

D.   You authorize the Village to credit your Payment Method for any funds that may be due to you in connection with your use of this Service.

SECTION 3.   CHARGES.

A.   In addition to the charge you have authorized, your Payment Method issuer or network may assess its customary transaction or handling charge, if any, for each transaction.

B.   If a charge is declined or reversed by your Payment Method issuer or network, you agree to pay the Village a service charge and to reimburse the Village for all reasonable costs incurred by the Village as a result of the declined or reversed charge and the collection of all amounts due and owing by you to the Village.  Your Payment Method issuer or network may also assess a charge for declined or reversed charges.

SECTION 4.   DISHONORED REQUESTS FOR PAYMENTS.

If your Payment Method issuer or network does not honor an online payment transaction, then you acknowledge and agree that:

A.   Any outstanding balance will remain a debt due and owing by you to the Village;

B.   The Village reserves the right collect any unpaid amount from you and to pursue all remedies at law or in equity available to the Village to collect such unpaid amounts; and

C.   The Village may terminate your privilege to use this Service.

SECTION 5.   CONFIRMATION OF PAYMENT.

By clicking "I agree to the Terms and Conditions," you consent to receive an electronic confirmation of your payment at the email address you have provided by using this Service.

SECTION 6.   PERSONAL DATA.

By clicking "I agree to the Terms and Conditions," you acknowledge and agree that the Village does not store, and is not responsible for the storage or protection of, any of the information and data entered by you or otherwise used to make payments through this Service. All personal data is stored, and all transaction data is processed, by a third-party vendor, JP Morgan Chase.  You hereby waive, release, and relinquish all claims, demands, rights of action, damages, liabilities, and controversies of every kind, known and unknown, present and future, that you may have against the Village and its officials, agents, servants, employees, insurers, successors, and assigns arising out of, connected with, or in any way related to your use of this Service.

SECTION 7.   AMENDMENTS.

A.   Acceptance of Terms and Conditions.  By clicking "I agree to the Terms and Conditions," you: (1) accept and agree to be bound by these terms and conditions; and (2) acknowledge and agree that these terms and conditions will apply to your use of this Service.

B.   Amendments.  The Village may amend these terms and conditions at any time. Your use of this Service after any such amendment represents, and will be deemed to be, your acknowledgement and acceptance of these terms and conditions, as amended.

SECTION 8.   CUSTOMER SERVICE

                For customer service, please contact:

                Village of Brookfield Finance Department