|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.
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.
The following events shall constitute an event of default:
HDBC can terminate this Agreement immediately without notice upon the occurrence of one or more of the foregoing events of default.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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]
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.
User agrees to pay all costs, including legal fees, incurred by HDBC in enforcing this Agreement.
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.
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.
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.
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:
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.
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.
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.
The Agreement and the Application attached to this Agreement constitute the entire agreement between the User(s) and HDBC.