MACPASS CUSTOMER AGREEMENT
 

THESE terms and conditions, along with your application, constitute your MACPASS CUSTOMER AGREEMENT, made and entered into by and between you (the "User") and the Halifax-Dartmouth Bridge Commission through its MACPASS Customer Service Centre ("HDBC").

Failure to abide by the provisions herein may result in the cancellation of the User's privileges to use the HDBC electronic toll collection system known as MACPASS ("MACPASS"). Nothing in this agreement releases the User from fines resulting from failure to abide by applicable Provincial or local laws or HDBC's by-laws or regulations.

  1. AGREEMENT
  2. Subject to the terms of this Agreement, HDBC agrees to provide the MACPASS standard transponder (the "Transponder") to the User free of charge, which may be used to obtain passage on toll facilities operated by HDBC. Should any User request a special non-reusable sticker Transponder, then the User shall pay HDBC the current cost for each such Transponder.

  3. USE OF THE TRANSPONDER
  4. User agrees:

    1. To mount, display, and use the Transponder in accordance with Transponder mounting instructions received from HDBC.
    2. Not to proceed through any traffic lane if the patron fare display indicates stop and the toll gate is down. If the patron fare display continues to indicate stop and the toll gate is down, User must pay the toll by use of cash in order to proceed.
    3. Not to exceed a speed of twenty-five (25) kilometres per hour through traffic lanes designated for MACPASS use.
    4. Not to assign or in any way transfer this Agreement and the Transponder.
    5. To be fully responsible for any and all charges arising from the use of each Transponder until such time as User surrenders it to HDBC.
    6. To use the Transponder only on a vehicle for which it is valid.
    7. That each standard Transponder shall remain the property of HDBC.
    8. When operating a motorcycle or moped to not use the MACPASS only lanes and the User must come to a complete stop when reaching the toll basket before swiping the Transponder across the MACPASS reader.

  5. DEFAULT
  6. The following events shall constitute an event of default:

    1. User fails to make any payments owed under this Agreement when due;
    2. User fails to perform or observe any terms or conditions under this Agreement;
    3. User has provided incorrect information to HDBC under this Agreement, Application form, or in any document or certificate furnished to HDBC or does not report any changes of such information to HDBC within the specified time; or
    4. User becomes insolvent or bankrupt.

    HDBC can terminate this Agreement immediately without notice upon the occurrence of one or more of the foregoing events of default.

  7. PREPAID ACCOUNT
  8. User agrees to maintain a prepaid account with HDBC to cover User's applicable tolls, charges and fees as described in this Agreement (the "Prepaid Account"). No interest shall be paid on Prepaid Account balances or deposits.

  9. OPENING A PREPAID ACCOUNT
    1. User must open a Prepaid Account by payment to HDBC by credit card, debit card or cash in an amount not less than $15.00 per Transponder. However, a User opting to replenish a Prepaid Account using pre-authorized debit/electronic funds transfer shall place an amount in their account that represents a minimum of one month's worth of prepaid tolls should that amount exceed $15.00 per transponder.
    2. Commercial Users may prepay using a company cheque for a minimum toll prepayment of an amount equal to two months of the average monthly usage.

  10. LOW ACCOUNT LEVEL
  11. A Prepaid Account is considered by HDBC to be at a low account level whenever its balance falls to less than 1/3 of the User's average monthly usage ("Low Account Level"). User will be notified of a Low Account Level by a LOW ACC signal in the toll lane and by email or mail where applicable.

  12. ACCOUNT REPLENISHMENT
    1. Automatic account replenishment. Whenever the prepaid balance falls below the Low Account Level, the User's credit card account will be charged the dollar value of the User's average monthly usage or $15.00, whichever is greater, as determined by HDBC, to replenish the Prepaid Account. Users of pre-authorized debit/electronic funds transfer will have their Prepaid Account replenished on the same day of the month as they specified when they opened the account and not when their Prepaid Account reaches a Low Account Level.
    2. Manual replenishment. Whenever the prepaid balance falls below the Low Account Level, the User must promptly replenish the Prepaid Account using cash, debit card, credit card, or online at www.mymacpass.com. The minimum amount to replenish the Prepaid Account shall not be less than $15.00. Users choosing to use manual replenishment shall be charged a $1.00 monthly administrative fee.
    3. Commercial Users may replenish by company cheque and will be advised by email or mail of the amount required to replenish the Prepaid Account. Commercial Users must ensure that a company cheque is sent promptly to the HDBC upon receipt of a Low Account Level notice. Commercial Users choosing to use manual replenishment shall be charged a $1.00 monthly administrative fee.

  13. FORFEITURE OF PREPAID BALANCE
  14. If there is no activity recorded on User's Prepaid Account for a period of 24 consecutive months, the Prepaid Account shall be terminated and the balance of User's account shall be considered as payment of an account maintenance charge and be deducted from the account. Written notice of this proposed forfeiture will be given to the User at their last known address following the expiration of 18 consecutive months of no activity being recorded on User's Prepaid Account.

  15. TOLLS, CHARGES AND FEES
  16. User's Prepaid Account will be reduced by charges for applicable tolls charged each time the User's Transponder is used to obtain passage on, continue upon, or exit from a MACPASS collection area.

  17. ADDITIONAL CHARGES
  18. User requesting a printed statement of account or trip record shall be charged 50 per page with a minimum charge of $3.00 per request. All such charges shall be automatically deducted from the User's Prepaid Account. User's Prepaid Account will be charged $10.00 for NSF fees related to pre-authorized debit/electronic funds transfer accounts and $30.00 for an NSF cheque. In the event a User has two failed pre-authorized debt/electronic funds transfer transactions or two NSF cheque transactions, User shall no longer be eligible to use this form of payment on their Prepaid Account.

  19. INTER-OPERABILITY
  20. User's Transponder may be used at other toll facilities or other locations bearing the MACPASS or MACPASS Plus logo with whom HDBC has entered into an agreement to accept charges for that facility or location. If a User drives their vehicle with Transponder attached through such other toll facility or location, then the User's Transponder may be read by the electronic processing equipment and a record of the User's transaction may be created. Such transactions may be charged in accordance with the rules, regulations and procedures of such other toll facilities or other locations. By using the Transponder on another toll facility or other location, the User agrees that HDBC may deduct any such charges arising from such use from the User's Prepaid Account, and the User will be responsible to HDBC for all such charges. The User further agrees that HDBC may share any information contained in the User's application and in the MACPASS Customer Agreement for purposes of processing and collecting tolls, charges and violations.

  21. LOST OR STOLEN TRANSPONDERS
  22. User must notify HDBC immediately of any lost or stolen Transponder(s), identifying such Transponder(s) by serial number. Until HDBC is notified, USER WILL CONTINUE TO BE RESPONSIBLE FOR CHARGES RESULTING FROM USAGE. Once notified, HDBC will invalidate the Transponder. HDBC will issue User a replacement Transponder(s) upon request and upon payment of $25.00 for each lost or stolen Transponder.

  23. TERMINATION
    1. HDBC and/or User may terminate this Agreement at any time.
    2. The standard Transponder is to be returned to HDBC in good operating condition. The User will be charged $25.00 for the Transponder in the event the Transponder is not returned to HDBC in good operating condition.
    3. Upon termination, a refund of any balance remaining in the User's Prepaid Account less any amounts owed under this Agreement will be processed within 30 days from the return of the Transponder, subject to the provisions of Section 8 herein.

  24. ACCOUNT DEACTIVATION AND REACTIVATION
  25. The User's MACPASS Transponder shall be deactivated immediately upon the Transponder being used when there are insufficient funds in the Prepaid Account. In order to reactivate the Transponder, the User shall attend at the HDBC and pay a reactivation fee of $10.00, plus an amount sufficient to bring the Prepaid Account up to the minimum required balance. All unpaid tolls shall be automatically deducted from the Prepaid Account upon reactivation.

  26. DEFECTIVE MACPASS TRANSPONDERS
  27. If a Transponder is defective for any reason, other than as a result of abuse or improper use, and is returned to HDBC, it will be replaced at no charge.

  28. PRE-AUTHORIZED PAYMENTS
  29. It is expressly understood and agreed that User authorizes HDBC to access User's credit card, chequing account, or pre-authorized debit/electronic funds transfer and make charges authorized under this Agreement. User expressly understands and agrees that HDBC shall not be liable to User for any damages resulting from these actions.

  30. INDEMNIFICATION AND LIABILITY
    1. User releases HDBC, its Commissioners, officers, employees, commissionaires or agents (collectively in this Article "HDBC") from all loss, damage, or injury whatsoever from the use or performance of MACPASS and the Transponder. HDBC shall not have any obligation or liability to the User with respect to the use or the performance of MACPASS and the Transponder. The only recourse available to the User shall be the replacement by HDBC of any defective Transponder. User agrees to indemnify, protect, and hold harmless HDBC from liability for all loss, damage, or injury to persons or property arising from or related to the use of MACPASS and the Transponder.
    2. Additionally, HDBC shall not be liable for (a) any incidental, indirect, special or consequential damages, including but not limited to, loss of use, revenues, profits or savings, even if HDBC knew or should have known of the possibility of such damages, or, (b) claims, demands, or actions against User by any person, corporation, or other legal entity resulting from the use of MACPASS, Transponder(s), credit report inquiry, check authorization and/or charging of User's credit card.

  31. ALTERATION OF TERMS
  32. HDBC may change the terms of this Agreement at any time by providing written notice to User. If the Transponder is used after User receives notice of the new terms of this Agreement, then User shall be bound by the new terms.

  33. DEEMED NOTICE
  34. For purposes of this Agreement, User shall be deemed to have received notice 10 days after any notice is deposited with Canada Post postage prepaid, addressed to User at the last address that appears on HDBC's records. [or confirmed email]

  35. WAIVER
  36. User or Commercial User selecting to use pre-authorized debit/electronic funds transfer for automatic account replenishment hereby specifically waives any pre-notification requirements for periodic changes in the amount of a pre-authorized debit/electronic funds transfer by HDBC.

  37. PAYMENT OF COSTS OF ENFORCEMENT
  38. User agrees to pay all costs, including legal fees, incurred by HDBC in enforcing this Agreement.

  39. INSUFFICIENT FUNDS
  40. If, for any reason, User's Prepaid Account is insufficient to pay any amounts owed to HDBC, User will remain liable to HDBC for such amounts.

  41. CHANGES IN USER INFORMATION
  42. User shall inform HDBC, in writing, of any changes in the information set forth in the MACPASS Application and, specifically, shall immediately notify HDBC of any changes in address or make such changes electronically using MACPASS website.

  43. CONFIDENTIALITY
  44. HDBC agrees not to disclose the User's name and address for any commercial purpose. All personal account information is considered private, and will remain confidential.

  45. HDBC ADDRESS
  46. For the purpose of giving any and all notice(s) to HDBC required under the provisions of this Agreement, User shall use the following address:

    MACPASS Customer Service Centre
    P. O. Box 39
    Dartmouth, Nova Scotia
    B2Y 3Y2
    Phone No. 463-3100
    Fax No. 463-3101
    www.macpass.com

  47. CAPTIONS
  48. The captions used in this Agreement have been inserted for convenience and for reference only and shall not be deemed to limit or define the text of this Agreement.

  49. PROVISIONS SEVERABLE
  50. The provisions of this Agreement are severable, and if any provision or part of this Agreement or the application thereof to any person or circumstance shall ever be held by any court of competent jurisdiction to be invalid or unconstitutional for any reason, the remainder of this Agreement and the application of such provision or part of this Agreement to other persons or circumstances shall not be affected thereby.

  51. GOVERNING LAW
  52. This Agreement shall be governed and construed in accordance with the laws of the Province of Nova Scotia and the laws of Canada applicable in Nova Scotia.

  53. COMPLETE AGREEMENT
  54. The Agreement and the Application attached to this Agreement constitute the entire agreement between the User(s) and HDBC.