Time Warner Cable of Terre Haute - Customer Service: Pay Xpress Legal Notices

Terms and Conditions of Time Warner Cable PayXpress

By enrolling in Time Warner Cable's PayXpress Service,
you agreed to the following terms and conditions:

Definitions
Bill Payment Service
Exclusions of Warranties
Password and Security
Errors and Questions
Privacy Policy -- Disclosure of Account Information to Third Parties
Charges
In the Event a Service Transaction Is Returned
Alterations and Amendments
Address or Banking Changes
Termination or Discontinuation
Information Authorization
Disputes
Intellectual Property
Governing Law
CONSENT

Time Warner Cable PayXpress Terms and Conditions

1. Definitions

As used in these Terms and Conditions (the "Agreement"), the following terms shall have the following meanings:

"Business Day": means Monday through Friday, excluding Federal Reserve holidays and TWC holidays.

"Customer Service Hours": means 24 hours a day, 7 days a week.

"Cutoff Time": means 3:00 p.m. Eastern on any Business Day and is the time by which you must transmit Payment Instructions to have them considered entered on that particular Business Day.

"Payment": means the information provided by you to the Service for one or more bill payments to be made to TWC. "Payment Account": means your checking, savings or credit card accounts from which your bill payments will be made.

"Payment Instructions": means the banking instructions you enter with respect to the Payment.

"Payment Send Date": means the Business Day(s) of your choice upon which your bill payment(s) will be made through your Payment Account (a Payment Send Date of a non-Business Day will be considered to be the previous Business Day).

"Service" or "PayXpress Service": means the PayXpress online Bill Payment Service offered by TWC.

"Service Provider": means any third party providing the Service on behalf of TWC.

"TWC": means Time Warner Cable National Division

2. Bill Payment Service

When initiating a Payment, you authorize TWC to remit funds on your behalf from your Payment Account in accordance with your Payment Instructions.

A particular bill payment is "Pending" starting from the time you enter a Payment until the payment is "Processing".

A particular bill payment is "Processing" starting at the Cutoff Time of the date selected by you as the "Payment Send Date" until confirmation is received by the Service that the payment was successful.

A particular bill payment is considered "Paid" after the Service receives a remittance file from the payment processor indicating a successful payment.

You may cancel or edit any Pending Payment by following the directions within the Service.

There is no charge for canceling or editing a Pending Payment.

Payment Instructions entered after the Cutoff Time or on non-Business Days will be considered entered in the Service on the next Business Day.

In any other event, including, but not limited to, choosing a Payment Send Date less than three (3) Business Days before 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.

TWC will provide up to six (6) months of account history through the Service. You may request account history beyond six (6) months in writing or by contacting a TWC office.

TWC will use its best efforts to make all your payments properly. If TWC does not complete a transfer to or from your Payment Account on time or in the correct amount according to TWC's agreement with you, TWC will be liable for your losses or damages. However, there are some exceptions. TWC will not be liable, for instance:

If, through no fault of TWC, you do not have enough money in your Payment Account to make the transfer; or
If the transfer would go over the credit limit on your overdraft line, or your Payment Account does not otherwise permit the transaction to be executed;
The Service is not working properly and you know or have been advised by the Service about the breakdown before you started the transfer;
You have not provided the Service with the correct TWC account information to process your payment accurately; or,
If circumstances beyond the control of TWC or the Service Provider (such as, but not limited to, fire, flood, or interference from an outside force) prevent the transfer and TWC and the Service have taken reasonable precautions to avoid those circumstances.

Provided none of the foregoing five (5) exceptions are applicable, if the Service Provider causes an incorrect amount of funds to be removed from your Payment Account, the Service Provider shall be responsible for returning the improperly transferred funds to your Payment Account.

THE FOREGOING SHALL CONSTITUTE TWC'S AND THE SERVICE PROVIDER'S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY. IN NO EVENT SHALL TWC OR THE SERVICE PROVIDER 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 YOUR USE OF THE SERVICE.

As a condition of your use of the Service, you will not use the Service for any purpose that is not authorized by these Terms and Conditions. You may not interfere with any other party's use of the Service. You may not attempt to gain unauthorized access to the Service through any means.

We will provide up to six months of account history on this Service. You may request account history for periods beyond six months in writing or by visiting one of our offices.

3. Exclusions of Warranties

THE SERVICE IS 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.

4. Password and Security

In order to use the Service, you are required to complete the enrolment process by providing TWC with complete and accurate information as prompted by the applicable enrollment form provided on the enrollment screen.

Your user name is your phone number. Your PIN will be selected by you during the enrollment process.

You will use your user ID and PIN to access your account. You agree not to give or make available your PIN or other means to any unauthorized individuals to access the Service.

Except as provided herein, you are responsible for all bill payments made through the Service using your PIN.

Except as provided herein, you are entirely responsible for any and all activities that occur through one's use of your PIN with the Service. You could be held liable for losses incurred by TWC or another party due to someone else's use of your PIN or account with the Service.

Except as provided herein, TWC will not be responsible for any loss you may incur as a result of someone else's misuse of your PIN, banking information, credit card information or account through the Service either with or without your permission.

Tell us AT ONCE if you believe that your PIN or other means to access your Payment Account through the Service has been lost or stolen. Telephoning is the best way of keeping your possible losses down. You could lose all the money in your Payment Account (plus your maximum overdraft line of credit). If you tell TWC within two (2) Business Days after you learn of the loss or theft of your PIN or Payment Account information, you can lose no more $50 than if someone used your Payment Account in connection with the Service without your permission. If you believe your PIN or Payment Account information has been lot or stolen, and you tell us within 2 business days after you learn of the loss or theft, you can lose no more than $50 if someone used your PIN or Payment Account information without your permission. If you do NOT tell us within two (2) Business Days after you learn of the loss or theft of your PIN or Payment Account information, and TWC can prove that TWC could have stopped someone from using your PIN or Payment Account information in connection with the Service if you had told us, you could lose as much as $500.

Also, if your statement shows transfers that you did not make, tell TWC at once. If you do not tell TWC within ninety (90) days after the statement was mailed to you, you may not get back any money you lost after the ninety (90) days if TWC can prove that it could have stopped someone from taking the money if you had told TWC in time.

If a good reason (such as a long trip or a hospital stay) kept you from telling TWC, TWC will extend the time periods.

If you believe your PIN or Payment Account information has been lost or stolen or that someone has transferred or may transfer money from your account without your permission, contact your local cable system office at the telephone number or mailing address listed on our Contact Us page.

5. Errors and Questions

In Case of Errors or Questions About Your Electronic contact your local cable system office at the telephone number or mailing address listed on our Contact Us page.

Write us at the mailing address for your local cable system listed on our Contact Us page as soon as you can, if you think that your statement is wrong or if you need more information about a transfer listed on the statement. TWC must hear from you no later than ninety (90) days after you received the FIRST statement on which the problem or error appeared. You must:

Tell TWC your name and account number;

Describe the error or the transaction you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information; and,

Tell TWC the dollar amount of the suspected error.

If you tell TWC orally, TWC may require that you send your complaint in writing within ten (10) Business Days after your verbal notification to the mailing address of your local cable system listed on our Contact Us page.

TWC will determine whether an error occurred within ten (10) Business Days after we hear from you, and will correct any error promptly.

If TWC needs more time, however, TWC may take up to forty-five (45) days to investigate your complaint or question.

If TWC decides to do this, TWC will credit your account within 10 business days for the amount you think is in error, so that you will have the use of the money during the time it takes TWC to complete our investigation. If TWC asks you to put your complaint or question in writing and TWC does not receive it within 10 business days, TWC may not credit your account. For errors involving new accounts, TWC may take up to 90 days to investigate your complaint or question. For new accounts, TWC may take up to 20 business days to credit your account for the amount you think is in error. TWC will tell you the results within three business days after completing our investigation.

If TWC decides there was no error, TWC will contact you with a written explanation. You may ask for copies of the documents that TWC used in its investigation.

6. Privacy Policy -- Disclosure of Account Information to Third Parties

By completing the enrollment form, you are authorizing TWC to display billing and payment information on a secure Internet site. TWC will disclose information to third parties about your account or the transactions you make ONLY in the following situations:

Where it is necessary for completing transactions;

In order to verify the existence and condition of your account to a third party, such as a credit bureau;

In order to comply with a governmental agency or court orders;

If you give us your written permission; or

As permitted otherwise by these Terms and Conditions or TWC's privacy policy set forth at: TWC Legal and Privacy.

7. Charges

There are no charges to you associated directly with the Service. Any fees associated with your Payment Account will continue to apply. You are responsible for any and all telephone access fees and/or Internet service fees that may be assessed by your telephone and/or Internet service provider.

8. In the Event a Service Transaction Is Returned

In using the Service, you are requesting the Service to make payments for you from through your Payment Account. If TWC is unable to complete the transaction through the Service for any reason associated with your Payment Account (for example, there are not sufficient funds or credit in your Payment Account to cover the transaction), the transaction will not be completed. In some instances, you will receive a return notice from TWC. In such case, you agree that:

You will reimburse TWC immediately upon demand, the transaction amount that has been returned to TWC.

You shall be liable for late payment charges, insufficient fund charges, or any other applicable charges.

TWC is authorized to report the facts concerning the return to a credit-reporting agency.

9. Alterations and Amendments

TWC reserves the right to change these Terms and Conditions from time to time, including without limitation, with respect to applicable fees and service charges. Further, TWC and/or the Service Provider may, from time to time, revise or update the programs, services, and/or related material that may render all such prior versions obsolete. You are responsible for regularly reviewing these Terms and Conditions. Your continued use of the Service shall constitute your agreement to all Terms and Conditions and all amendments to these Terms and Conditions.

10. Address or Banking Changes

You are responsible for keeping your correct and current email address information in your customer profile. You agree to promptly notify TWC at least ten (10) Business Days in advance of any change in your Payment Account, or your banking status. This must be done through the Service as we may otherwise require.

Each time any change is made by you to your enrollment information, you shall notify TWC.

If your email is returned to TWC as "undeliverable", this will be considered an unsuccessful notification. Two additional attempts will be made before further attempts at notification are abandoned.

11. Termination or Discontinuation

In the event you wish to discontinue the Service, you can do so by un-enrolling through the Service or by contacting TWC's Customer Relations Center by one of the means listed below. Such notice of service discontinuance must be supplied ten (10) days prior to the actual discontinuance date.

Contact your local cable system office at the telephone number or mailing address listed on our Contact Us page.

TWC may terminate this Service at any time and/or revoke your right to use this service for any or no reason. Neither termination nor discontinuation shall affect your liability or obligations under these Terms and Conditions.

Termination of the Service terminates your electronic billing and payment services but does not cancel your cable and/or other subscription services from TWC. If you cancel the PayXpress Service, TWC will mail you a paper bill, which will be payable by mail or by visiting one of our payment offices.

If you wish to terminate your cable and/or other subscription services from TWC you will need to call TWC at the telephone number listed on our Contact Us page to make the necessary arrangements. Go to our Contact Us page for local office locations and hours.

12. Information Authorization

Your enrollment in the Service may not be fulfilled if the Service cannot verify your identity or other necessary information. Through your enrollment in the Service, you agree that the Service reserves the right to request a review of your credit rating at its own expense through an authorized bureau. In addition, you agree that the Service reserves the right to obtain financial information regarding your account from a financial institution to resolve payment-posting problems.

13. Disputes

In the event of a dispute regarding the Service, you and TWC agree to resolve the dispute by looking to these Terms and Conditions. You agree that these Terms and Conditions constitute the complete and exclusive statement of the agreement between you and TWC regarding the Service which supersedes any proposal or prior agreement, oral or written, and any other communications between you and TWC relating to the subject matter of these Terms and Conditions, namely, the Service. If there is a conflict between what an employee of the Service Provider or TWC's Customer Service Department says and the terms of these Terms and Conditions, the terms of these Terms and Conditions will prevail.

14. Intellectual Property

You may not use any trademark or service mark appearing on the Service without prior written consent from the owner of the mark. Time Warner Cable subscribers and account holders may not upload, post, transmit or otherwise make available any material protected by copyright in a manner that infringes that copyright. In accord with the Digital Millennium Copyright Act, it is the policy of Time Warner Cable to terminate, in appropriate circumstances, the services of any subscriber or account holder who has infringed repeatedly. However, Time Warner Cable expressly reserves the right to terminate or suspend the service of any subscriber or account holder even for a single act of infringement. These policies do not affect any other rights Time Warner Cable may have under law or contract.

15. Governing Law

TWC's rules and regulations (including without limitation, any such rules and regulations incorporated or referenced in any product or service agreement between you and TWC), the rules and regulations of any funds transfer system to which the TWC such as the National Automated Clearing House Association (NACHA), and applicable state and federal laws and regulations.

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

CONSENT TO
ELECTRONIC DISCLOSURES AND DOCUMENTS
UNDER THE ELECTRONIC SIGNATURES IN GLOBAL
AND NATIONAL COMMERCE ACT

You have indicated that you would like to receive and pay your Time Warner Cable bills electronically.
If you elected to discontinue receiving paper bill statements from Time Warner Cable, then you have consented to receive your monthly Time Warner Cable bill in electronic format only. By discontinuing your paper bill statement, you also consented to receive the following categories of records in electronic form only:

all notifications, disclosures, documents and other information related to your Time Warner Cable account that Time Warner Cable is required by any law, rule or regulation of any federal, state or local governmental authority (including any franchise authority) to provide or make available to you in writing (which documents, together with your Time Warner Cable bill statements, will be referred to as "Required Legal Account Documents"). This includes, but is not limited to, Time Warner Cable's subscriber privacy notices, customer service notices, and equipment compatibility notices.

This consent to receive the Required Legal Account Documents in electronic form only will apply for as long as you are a subscriber of Time Warner Cable unless you properly revoke your consent. You can revoke your consent to receive the Required Legal Account Documents in electronic form only, at any time and at no cost to you, by choosing to resume paper delivery of your Time Warner Cable bill statements. To elect to resume paper delivery of your Time Warner Cable bill statements, please visit our PayXpress web site. After you enter your Login ID and password, select the CUSTOMER CARE INFORMATION option. Then, click on the Change Account Information option and follow the instructions to elect to receive a paper statement. You can also contact your local Time Warner Cable office and a customer service representative can make the change for you. The telephone number for your local Time Warner Cable office can be found on your monthly Time Warner Cable bill statement. If you elect to resume paper delivery of your monthly Time Warner Cable bill statement, that change will become effective during Time Warner Cable's next billing cycle for your account which will be no later than 30 days after receipt by Time Warner Cable of your request.
Upon your enrollment in Time Warner Cable's PayXpress service, you consented to receive the following categories of records in electronic form only:
all notifications, disclosures, documents and other information that Time Warner Cable is required by any law, rule or regulation of any federal, state or local governmental authority to provide or make available to you in writing relating to the payment of your Time Warner Cable bill through the PayXpress service ("Required Legal Payment Documents"). This includes, but is not limited to, copies of any required disclosures, authorizations or notices from Time Warner Cable relating to the payment of your Time Warner Cable bills via electronic fund transfers.

Your consent to receive the Required Legal Payment Documents in electronic form only will apply for as long as you are a subscriber of Time Warner Cable unless you properly revoke such consent. You can revoke your consent to receive the Required Legal Payment Documents in electronic form only, at any time and at no cost to you, by choosing to unregister from Time Warner Cable's PayXpress service. To unregister from Time Warner Cable's PayXpress service, please visit our PayXpress web site. After you enter your Login ID and password, select the CUSTOMER CARE INFORMATION option. Then, click on the Unregister option, and follow the instructions to unregister. You can also contact your local Time Warner Cable office and request that a customer service representative unregister you. Such a request will generally be processed within three business days. The telephone number for your local Time Warner Cable office can be found on your monthly Time Warner Cable bill statement.
If you wish to obtain a paper copy of any Required Legal Account Document or any Required Legal Payment Document (together, "Required Legal Documents") provided to you electronically, you may do so at no cost to you by contacting your local Time Warner Cable office. The telephone number for your local Time Warner Cable office can be found on your monthly Time Warner Cable bill statement.
Any withdrawal of your consent to receive Required Legal Documents electronically will not affect the legal validity or effectiveness of any Required Legal Document delivered to you prior to the effective date of the withdrawal of your consent.
In order to ensure that we are able to contact you electronically, you must update us with any change in your e-mail address. To update the e-mail address on your account, please visit our PayXpress web site. After you enter your Login ID and password, select the CUSTOMER CARE INFORMATION option. Then, click on the Change Email Address option and follow the instructions to change your e-mail address. You can also contact your local Time Warner Cable office and request that a customer service representative update your e-mail address. Such a request will generally be processed within three business days. The telephone number for your local Time Warner Cable office can be found on your monthly Time Warner Cable bill statement.
To access the Required Legal Documents electronically, your computer will need to have a web browser that meets the following requirements:
Netscape Navigator 6.2 or higher; or
Internet Explorer 5.0 or higher

To retain the Required Legal Documents provided to you electronically, you will also need to have a working printer properly connected to your computer system.