The following are the terms and conditions for use of the website located at OPPD.com and its services (collectively, the "Website"). The Website is owned and operated by Omaha Public Power District. ("OPPD," or “us,” or “we”).
By accessing the Website, continuing to access the Website, or submitting any information through the Website, and in consideration for the services OPPD provides to you through the website, YOU (the terms "you" or "your" includes the person or entity that is accessing the Website as well as any third-parties accessing the Website on your behalf) ARE STATING THAT YOU AGREE TO BE BOUND BY ALL OF THESE TERMS AND CONDITIONS GOVERNING THE USE OF THE WEBSITE AND ITS SERVICES (the "Terms"). Use of the Website is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein.
I. REGISTERED ACCOUNTS AND REGISTERED SERVICES
In addition to all the other terms and conditions found in these Terms, the terms and conditions in this Article I, Registered Accounts and Registered Services, shall apply when users create an account under the MyAccount functionality on the Website and utilize services provided through such an account.
Registration. In order to utilize some of the Website’s services, you must register ("Registered Services") and create an account (a "Registered Account"). You may create a Registered Account by completing the registration process and providing OPPD with complete and accurate information as prompted by the registration form, including contact information, a username, and password. It is your obligation to protect your password and take full responsibility for your own and third party activities that occur under your Registered Account. You agree to notify OPPD immediately of any unauthorized use of your Registered Account or any other breach of security. If you create a Registered Account on behalf of an entity, these Terms bind both you and the entity.
Refusal of Service. OPPD reserves the right, with or without notice, to terminate the account of, or refuse Registered Services to, any person or entity that violates these Terms, violates any party's intellectual property rights, misuses the Website or its services, or otherwise engages in inappropriate conduct, as determined by OPPD in its sole discretion. We reserve the right to refuse you access to and use of Registered Services if: (1) State or Federal laws or regulations require us to change the Registered Services, (2) You violate these Terms; or (3)We discontinue the Registered Services.
Stopping the Service. You may stop participating in any Registered Services, or delete your Registered Account, by cancelling the Registered Account within the Registered Services. Your request will be effective in two (2) business days after you submit it. We reserve the right to stop your use of Registered Services if: (1) State or Federal laws or regulations require us to change the Registered Services, (2) You violate these Terms; or (3)We discontinue the Registered Services. The responsibilities and obligations of these Terms continue after the termination of your Registered Account or any Registered Services.
II. MODIFICATIONS TO TERMS OF SERVICE AND OTHER POLICIES
OPPD reserves the right to change or modify any of the terms and conditions contained in these Terms or any policy governing the use of the Website, at any time, by posting the new terms on the Website. The most current version of these Terms will be located here at www.oppd.com/Terms and Conditions. You understand and agree that your access to or use of the Website is governed by the then-current Terms that are effective at the time of your access to or use of the Website. If OPPD shall make material changes to these Terms, we will notify you by updating the "Updated" date indicated at the top of this page with the date that revisions to these Terms were last made. You should revisit these Terms on a regular basis as revised versions will be binding upon you. Any such modification will be effective upon our posting of such new Terms. You understand and agree that your continued access to or use of the Website after the effective date of modifications to the Terms indicates your acceptance of the modifications.
III. PROPRIETARY RIGHTS
OPPD expressly reserves all right, title, and interest in and to the Website and the Website's content, including any copyright, patent, or trademark or other intellectual property right, or federal or state right, pertaining thereto.
IV. USER SUBMITTED INFORMATION/CONTENT
From time to time, you may have the opportunity to submit information to OPPD by participating in surveys or providing suggestions through the Website. By sending us any ideas, suggestions, documents or proposals ("Feedback"), you agree that (i) your Feedback does not contain the confidential or proprietary information of third parties, (ii) we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (iii) we may have something similar to the Feedback already under consideration or in development, and (iv) you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works, publish, distribute and sublicense the Feedback, and you irrevocably waive, and cause to be waived, against OPPD and its users any claims and assertions of any rights, whether intellectual property rights or otherwise, contained in such Feedback.
V. ELECTRONIC BILL PAY
In addition to all the other terms and conditions found in these Terms, the terms and conditions in this Article V, Electronic Bill Pay, shall apply when users utilize the electronic bill pay functionality on the Website to pay their electric service bill. When electric bills are paid through MyAccount, all terms and conditions related to Registered Services will apply in addition to the terms found in this Section.
Payment Services. OPPD offers certain customers the option of paying bills owed to OPPD through the Website. Customers in certain rate classes designated by OPPD Service Regulations will not be able to pay bills owed to OPPD online. Customers who are eligible to make online payments may do so through MyAccount as a recurring or one-time payment, or through the Pay Bill function on the OPPD.com homepage ("Pay Bill") without registering with the Website. For most payments made through either MyAccount or Pay Bill, the electronic bill payment service (the "Payment Service") is provided by a third party (the "Payment Service Provider"). Certain recurring automatic bill payments made through the Website do not utilize the Payment Service Provider and are completed through a transaction between OPPD and your financial institution. For such recurring payments, you consent to OPPD storing any bank draft information provided by you.
You may make an online payment through the Website at any time and payment may be made by credit/debit card or with your bank account information. You may want to check whether your credit/debit card payments are subject to individual transaction and daily limitations set by your bank and or credit/debit card provider. By accepting these terms and providing your payment information ("Payment Account"), you authorize OPPD to present your electric services account information and billing data to the Payment Service Provider. You authorize the Payment Service Provider to follow the payment instructions that it receives through the Payment Service. When using the Payment Service, you will be subject to the terms and conditions of the Payment Service Provider. It is your obligation to read the Payment Service Provider's terms and conditions prior to using the Payment Service. Should any disputes arise regarding the Payment Service Provider's services, you must contact OPPD immediately. OPPD disclaims all warranties or representations regarding any third-party services, but will present all customer disputes to the Payment Service Provider on the customer's behalf.
Accuracy of Payment Information. If you pay electric bills through MyAccount, it is your responsibility to ensure that the contact, Payment Account, and other required information in your user profile is current, accurate, and updated promptly. Failing to update such information will result in the continued use of the old information provided. OPPD will not be responsible for any problems that arise if you do not provide the updated Payment Account or Payment Service information. If you are utilizing the Payment Service to make a one-time payment without registering for MyAccount, you are responsible for the accurate entry of all Payment Account and other information. OPPD will not be responsible for any problems that arise due to errors in entering this information.
Bill Payments. You may arrange for online payment of your bill owed to OPPD by following the instructions through MyAccount or Pay Bill and providing any authorizations as may be required. If the amount of your bill varies from month-to-month and you have set up a recurring payment instruction through MyAccount, your bill from OPPD will set forth the payment amount owed each month and the bill will constitute notice of the variable payment to be made that month through the Payment Service. You may also pay your bill through one-time payments made either through MyAccount or Pay Bill. If your payment is less than the amount due, the unpaid amount will be added to your next bill balance and late payment charges may occur where permitted under applicable laws and regulations.
After receiving payment instruction through the Payment Service, the Payment Service Provider shall debit your Payment Account and remit funds to us on your behalf so that the funds arrive as close as reasonably possible to the Business Day designated by you. While it is anticipated that most transactions will be completed on the exact Business Day designated, it is understood that due to circumstances beyond the control of the Payment Service Provider, some transactions may take a few days longer to be credited by us to your Billing Account. For this reason, all payments or transfers must be scheduled to transact at least two (2) Business Days before the actual due date of your electric service bill. If you should designate the scheduled payment date to be a non-Business Day, the scheduled payment date will automatically be deemed to be the next Business Day. For these purposes, all federal holidays will be deemed to be non-Business Days. A late payment charge will be assessed if payment is not received on or before the actual due date. USE OF THE PAYMENT SERVICE TO PAY A DELINQUENT ELECTRIC SERVICE BILL MAY NOT STOP THE DISCONNECTION OF YOUR ELECTRIC SERVICE IF PAYMENT IS NOT RECEIVED BY US ON OR BEFORE THE ACTUAL DUE DATE INDICATED ON YOUR ELECTRIC SERVICE DISCONNECT NOTICE.
Dishonor of Payments. If the Payment Service is unable to process a transaction for any reason (for example, there are insufficient funds in your Payment Account to cover the transaction), the transaction may not be completed. If a transaction is completed and then subject to a return notice from your financial institution, for any reason, you agree that we will debit your Billing Account for the amount of the returned payment plus any returned item charges. You will also be responsible for any fees imposed by your financial institution as a result of the returned item.
Payment Cancellation Requests. You may cancel or edit any scheduled payment (a payment that has been scheduled through the Payment Service but has not yet been processed) if the Payment Service is enrolled in, by following the directions within the Payment Service. There is no charge for canceling or editing a scheduled payment. When you schedule a payment through the Payment Service, your financial institution may reserve sufficient funds in your account with which the scheduled payment will be made. Before a scheduled payment is processed, you may not have the use of these reserved funds even though the funds have not been advanced to OPPD. In such instances, after canceling a schedule payment, funds reserved by your financial institution for payment to OPPD may not immediately be available for your use. It is the responsibility of your financial institution, and not OPPD, to restore your use of any reserved funds. Accordingly, all questions pertaining to such funds should be directed to your financial institution.
Stop Payment Requests. Once the Payment Service has begun processing a payment it cannot be cancelled or edited from the Website. Therefore, to void such a payment, a stop payment request must be submitted by contacting the Customer Care Services. Although we will make commercially reasonable efforts to accommodate your request, we will have no liability for failing to do so. If successful, the charge for each stop payment request will be the current charge for such service as set out in the applicable fee schedule from your financial institution. We may also require you to present your request in writing within fourteen (14) days.
Unauthorized Transfers. If you permit other persons to use your MyAccount information, you are responsible for any transactions they authorize from your Payment Account. Additionally, if you utilize a third-party service not directly linked to OPPD, such as online bill-pay at your financial institution, to pay your electric bill electronically, you will be responsible for any transactions entered into by such third-party service, including use of Bill Pay by such a third-party. If you believe that your MyAccount password has been lost or stolen or that someone has used or may use your Payment Account information to make an unauthorized transfer or payment from your Payment Account using MyAccount or Pay Bill without your permission, notify OPPD immediately.
Reporting Problems or Questions. If you have questions, problems, or believe there has been an error in processing your request, you should notify us through the online form provided. Please include your account number (if applicable), the request involved, and the question or problem you are concerned about. We will use reasonable efforts to resolve any actual error as soon as possible. In some cases, we may take up to forty-five (45) calendar days to investigate the inquiry. If we determine there was no error, we will provide you with a written explanation after we finish the investigation. You may ask for copies of documents which we used in our investigation.
Your Obligation. You remain responsible for monitoring your use of the Payment Service and your Payment Account. You agree to review and verify payments made through the Payment Service as often as may be necessary or appropriate to ensure that all such payments are made in accordance with your instructions. You must review those payments as they are reflected on MyAccount and on the statements for your Payment Accounts, and inform OPPD immediately if you believe that an error has occurred.
Stopping the Payment Service. You may stop using the Payment Service by cancelling the Payment Service through the MyAccount page on the OPPD Website. Any payments the Payment Service has already processed before the requested discontinuance date will be completed. Any payment which has been scheduled, but not processed by the date the Payment Service is cancelled, shall be cancelled. The Payment Service may terminate service to you at any time and/or revoke your right to use the Payment Service. Your liability or obligations of the Terms continue after it is terminated or discontinued.
VI. REPRESENTATIONS, WARRANTIES, OR DISCLAIMERS
OPPD does not represent or warrant and expressly disclaims any warranty that (i) any information provided by the Website will be accurate, (ii) the Website or related services will be error-free or accessible at all times, (iii) defects will be corrected, (iv) the Website or the server that makes it available, are free of viruses or other harmful component, or (v) the use or the results of the use of the Website or the materials made available as part of the Website will be correct, accurate, timely, or otherwise reliable.
THE WEBSITE AND ITS SERVICES ARE PROVIDED “AS IS” AND THERE ARE NO WARRANTIES, CLAIMS OR REPRESENTATIONS MADE BY OPPD EITHER EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO THE WEBSITE, INCLUDING WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE, OR TRADE USAGE. OPPD DOES NOT WARRANT THAT THIS WEBSITE'S SERVICES WILL MEET YOUR NEEDS OR BE FREE FROM ERRORS OR THAT THE OPERATION OF THE WEBSITE WILL BE UNINTERRUPTED, AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE WEBSITE, OR AS TO THE ACCURACY, RELIABILITY, OR CONTENT OF ANY INFORMATION, PRODUCTS, OR SERVICES PROVIDED THROUGH THE WEBSITE.
You will not use the Website or its services in any way or for any purpose that would violate, or would have the effect of violating, any applicable laws, rules or regulations or any rights of any third-parties, including without limitation, any law or right regarding any copyright, patent, trademark, trade secret, music, image, or other proprietary or property right, false advertising, unfair competition, defamation, invasion of privacy, or rights of celebrity.
You agree to indemnify, hold harmless and defend OPPD, at your expense, against any and all third-party claims, actions, proceedings, and suits brought against OPPD or any of its officers, directors, employees, agents or affiliates, and all related liabilities, damages, settlements, penalties, fines, costs or expenses (including, without limitation, reasonable attorneys’ fees) incurred by OPPD or any of its officers, directors, employees, agents or affiliates, arising out of or relating to your breach of any term or condition of these Terms, your use of the Website, or your unauthorized use of the Website. In such a case, OPPD will provide you with written notice of such claim, suit or action. You shall cooperate as fully as reasonably required in the defense of any claim. OPPD reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
X. LIMITATIONS OF LIABILITY
OPPD WILL NOT BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY (A) INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, (B) LOSS OF PROFITS, (C) LOSS OF DATA OR INFORMATION, OR (D) REPUTATIONAL HARM, WHETHER BASED ON A CLAIM OR ACTION OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY, OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, INDEMNITY OR CONTRIBUTION, OR OTHERWISE, EVEN IF OPPD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE LIMITATIONS OR EXCLUSIONS IN THIS PARAGRAPH MAY NOT APPLY TO YOU.
YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE WEBSITE, OR ITS SERVICES, OR ANY OTHER GRIEVANCE SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO, OR USE OF THE WEBSITE.
XI. TERMS AND TERMINATION
You may terminate these Terms at any time by closing your Registered Account, discontinuing your use of the Website and providing OPPD with a notice of termination. We may terminate your Registered Account, suspend your ability to use certain portions of the Website and/or ban you altogether from the Website for any or no reason, and without notice or liability of any kind. Any such action could prevent you from accessing your Registered Account, the Website, certain content on the Website, or any other related information. In the event of any termination of these Terms, whether by you or by OPPD, the preamble and Sections VI, VII, IX, X, XIII, and XIV will continue in full force and effect.
The Website is governed by the OPPD.com Privacy Statement which is incorporated into these Terms by this reference. Please read the Privacy Statement before accessing the Website or providing any personal information through the Website or its services.
XIII. APPLICABLE LAW AND VENUE
These Terms shall be governed by and construed under the laws of the state of Nebraska without reference to its conflicts of law principles. In the event of any conflicts between foreign law, rules, and regulations, and Nebraska law, rules, and regulations, Nebraska law, rules and regulations shall prevail and govern. If you are our electric service customers, you agree to bring any claims related to use of the Service in the court where your electric provider’s headquarters is located. If you are a registered user who is not also one of our electric service customers, you agree to bring any claims related to the use of the Service in Omaha, Douglas County, Nebraska.
Any notices to OPPD must be sent to:
444 South 16th Street Mall
Omaha NE 68102
via first class or air mail or overnight courier, and are deemed given upon receipt.
These Terms (including any amendment thereto) represent the complete agreement between us concerning its subject matter, and supersedes all prior agreements and representations between the parties. If any provision of these Terms is held to be unenforceable for any reason, such provision shall be reformed to the extent necessary to make it enforceable to the maximum extent permissible so as to affect the intent of the parties, and the remainder of these Terms shall continue in full force and effect. A waiver of any default is not a waiver of any subsequent default. The relationship between OPPD and you is not one of a legal partnership relationship, but is one of independent contractors. These Terms shall be binding upon and inure to the benefit of the respective successors and assigns of the parties hereto.