KUA TERMS & CONDITIONS
KUA Website Acceptable Use and Privacy
IN USING THIS WEBSITE YOU ARE DEEMED TO HAVE READ AND AGREE TO THE FOLLOWING TERMS AND CONDITIONS:
Introduction
Any and all websites owned or operated by the Kissimmee Utility Authority (“KUA”) are provided as a service to our customers. Please review the following rules that govern your use of KUA websites to which customer access is permitted (the “Site”). By using and participating in this Site, you signify and acknowledge that you have thoroughly read and agree to be bound by the Terms and Conditions of use and that the Terms and Conditions of use constitute a binding legal agreement between yourself and KUA. You agree to provide true, accurate, current and complete information about yourself as may be requested by any registration form included in this Site and to update the information as necessary to keep it current and accurate. KUA reserves the right to update or modify these Terms and Conditions of use at any time without prior notice to you. Therefore, these Terms and Conditions of use should be reviewed whenever you use this Site, along with the Site’s privacy statement. If you cannot agree to or cannot comply with any of these terms and conditions, do not use this Site.
Age Restrictions
You must be at least eighteen (18) years of age to transact business on the KUA website. Note, this limitation on transacting business may be waived on a case by case basis due to compelling circumstances, including presentation of a court-ordered authorization for a minor to establish an account with KUA.
Site Security
You are prohibited from violating or attempting to violate the security of this Site including without limitation (a) accessing data not intended for the user, or logging onto a service or an account which the user is not authorized to access, or (b) attempting to probe, reverse engineer, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.
Violations of system or network security may result in civil or criminal liability. KUA will investigate occurrences that may involve such violations and will cooperate with law enforcement authorized in prosecuting users who are involved in such violations.
Site Cookies
IMPORTANT NOTICE: PLEASE READ CAREFULLY BEFORE USING THIS SITE: This Site uses cookies to store information on your computer. This policy explains how we use cookies and may be amended, from time to time, without notice. To ensure that you are using this Site with full and up-to-date information of how we use cookies, please review this policy regularly as any amended policy will be updated on this Site. By using this Site, you agree to the placement of cookies on your computer in accordance with the terms of this policy. If you do not wish to accept cookies from this Site, please either disable cookies or refrain from using this Site.
- What are Cookies?
A cookie is a text-only string of information that a website transfers to the cookie file of the browser on your computer’s hard disk so that the website can recognize you when you revisit and remember certain information about you. This can include which pages you have visited, choices you have made from menus, and specific information you have entered into forms and the time and date of your visit.
- Our Use of Cookies
We currently use only cookies to: Help us maintain security and verify your details when you use the website as you navigate from page to page, which enables you to avoid having to re-enter your details each time you enter a new page. Many cookies are designed to give you optimal usage of the web. For example, we use cookies to enable you to improve your user experience when using our Site, e.g. a cookie which recognizes if your browser supports specific technology features. This helps, for example, in enabling web pages to be loaded more quickly when you request the download of a file. Please note that personal information on users is not tracked through KUA website cookies.
- Refusing Cookies on this Site
Most browsers are initially set to accept cookies. However, you have the ability to disable cookies if you wish, generally through changing your internet software browsing settings. To manage your use of cookies, there are various resources available to you. For example the “Help” section on your browser may assist you. Third Party Sites References on this Site to any names, marks, products or services of third parties, or hypertext links to third party websites or information, are provided solely as a convenience to you and do not in any way constitute or imply KUA’s endorsement, sponsorship or recommendation of the third party, its information, products or services. KUA is not responsible for the practices or policies of third parties, nor the content or any third party sites, and does not make any representations regarding third-party products or services, or the content or accuracy of any material on such thirty party websites. If you decide to link to any third-party site, it is done entirely at your own risk.
Reservation of Rights and Restricted Access
KUA reserves the right to restrict access to areas of the Site or to deny access to the entire site at our discretion. If you are provided a user ID and password to allow access to restricted areas of this Site or other content or services, you must ensure that the user ID and password are kept confidential. If you become aware of any unauthorized use of your account or password, you must notify KUA immediately. KUA will not be liable for any loss or damage arising from any unauthorized use of your account.
Copyright and Other Intellectual Property
KUA maintains this Site and is the owner or authorized user of all text, images, graphics, photographs or other materials contained within this Site and the compilation thereof. The materials contained in this Site, including without limitation, any copyrighted content, trademarks, service marks, logos, and all other proprietary materials, are protected under United States intellectual property laws. Materials from the Site may not be copied, republished, reproduced, exploited, distributed or transmitted in any way without the prior written consent of KUA.
Limited Liability and No Waiver of Sovereign Immunity
KUA shall not be liable in any way for any direct, special, punitive, consequential or indirect damages (including without limitation lost profits or lost opportunity) arising out of or in connection with this Site or the use of this Site whether or not KUA has been made aware of the possibility of such damages. Under no circumstances will KUA or its suppliers be liable for any damages or injury that results from the use of the materials on this Site. This limitation includes, but is not limited to: technical, hardware or software failures of any kind; lost or unavailable network connections; or incomplete, garbled or delayed computer transmissions. Nothing contained in these Terms and Conditions shall be construed as a waiver by KUA of the sovereign immunity and limitations on liability therefrom that KUA enjoys under Florida Statutes, Chapter 728.68.
No Warranties
This Site is available “as is.” We do not warrant that this Site will be uninterrupted or error-free. There may be delays, omissions, interruptions and inaccuracies in the news, information or other materials available through this Site. We are not responsible for the availability or content of other services that may be linked to this Site. We do not make any warranties, express or implied, including without limitation, those of merchantability and fitness for a particular purpose, with respect to this Site or any information or services that are available through this Site. We do not make any representations, nor do we endorse the accuracy, completeness, timeliness or reliability of any advice, opinion, statement or other material or database displayed, uploaded or distributed on this Site or available through links on this Site. We reserve the right to correct any errors or omissions in this Site. Although we intend to take reasonable steps to prevent the introduction of viruses, worms, “Trojan horses” or other destructive materials, we do not guarantee or warrant that this Site or materials that may be downloaded from this Site do not contain such destructive features. We are not liable for any damages or harm attributable to such features. If you rely on this Site and any materials available through this Service, you do solely at your own risk. No oral advice or written information given by KUA nor its affiliates, nor any of its officers, directors, employees, agents, providers, or the like, shall create a warranty; nor shall a user rely on such information or advice.
Enforcement of Terms and Conditions
These Terms and Conditions are governed and interpreted pursuant to the laws of the State of Florida, United States of America, notwithstanding any principles of conflicts of law. If any part of these Terms and Conditions is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of the remaining provisions. KUA may terminate this agreement at any time without notice for any reason. Users may terminate this agreement by discontinuing the use of all materials obtained from the KUA website. The state courts of Osceola County Florida or the federal courts located in the United Stated District Court for the Middle District of Florida, Orlando Division, shall hold exclusive jurisdiction and venue over any claim made related to these Terms and Conditions.
Privacy Policy
KUA takes very seriously its responsibility to safeguard your personal, private information and does so consistent with privacy best practices and regulatory requirements established by the Federal Trade Commission. However, KUA is a local government agency subject to the Florida public records law (Florida Statutes Chapter 119.07 et seq.) and some customer information may not be private under the law. KUA shall not disclose any information about you to third parties, except as permitted or required by law. KUA may gather customer information for a variety of reasons. These reasons include a desire to improve the Site, to understand which areas of the Site are used most often, to enhance the on-line experience of consumers, and for marketing and promotional purposes. The types of information gathered includes data gathered in the course of processing transactions and information provided by customers in response to surveys, sweepstakes or contests, or in response to other requests for information.
Password and Security
To use the Site’s new portal for services related to making payments and accepting consumption data (the “Service”), you must complete the online registration process by providing KUA with complete and accurate information on the registration form. As part of the registration process, you will choose a user name and password to access your account through the Service. You agree not to give or make available your password or provide other means to any unauthorized individuals to access the Service. KUA will send an email, to the email address you provided, confirming your Service registration. It is your responsibility to keep this email address current and to inform KUA of any changes to your email address. Except as provided herein, you are responsible for all bill payments made through the Service using your password. Except as provided herein, you are entirely responsible for any and all activities that occur through use of your password with the Service. You could be held liable for losses incurred by KUA or another party due to someone else’s use of your password or account with the Service. Except as provided herein, KUA will not be responsible for any loss you may incur as a result of someone else’s misuse of your password, banking information, credit or debit card information or account through the Service, either with or without your permission. Contact KUA Customer Service immediately if you believe that your password or other means to access your Payment Account through the Service has been lost or stolen or that someone may attempt to use the Service with your password but without your consent.
Paperless Billing
When you create a my.KUA.com account you will automatically be enrolled in paperless billing and you will have access to view your monthly statements and consumption history online through your secure account. Each month you will receive an email notification that your bill is ready to be viewed. You will no longer receive a paper bill from KUA, but you can always download and print a hard copy from your online account. If you want to create a my.KUA.com account but still receive a paper statement in the mail each month, after setting up your online account, click Update Paperless Status to change your billing preference.
Errors and Questions
In case of errors or questions about your online transactions, or the Service, or this Site, you should contact KUA as soon as possible. If you think that your billing statement is wrong or if you need more information about a transaction listed on the statement, KUA must hear from you no later than sixty (60) days after you received the FIRST statement on which the problem or error appeared. You must: 1) Tell KUA your name and account number; 2) 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, 3) Tell KUA the dollar amount of the suspected error. You may click here to report a billing problem to KUA via e-mail.
Email Address or Banking Changes
You agree to notify KUA through the Site at least ten (10) Business Days in advance of any change in your payment account or your banking status. You are responsible for keeping your correct and current banking and email address information in your user profile. KUA reserves the right to change this Agreement from time to time, including without limitation, with respect to applicable fees and service charges. Further, KUA and/or any third party providing service on behalf of KUA may, from time to time, revise or update the programs, services, and/or related material that may render obsolete all prior versions of such programs, services and/or material. You are responsible for regularly reviewing this Agreement. Your continued use of the Service shall constitute your consent to all amendments to this Agreement.
E-Bill Terms of Service
E-bill customers should carefully review their monthly billing statement to identify any abnormal consumption patterns. Doing so can point out the need for energy efficiency improvements or other moneysaving measures. In the event your check is returned, you will be assessed a return fee of $25 or 5 percent of the face value for any check over $500, whichever is greater, for every unpaid debit. Collection of the returned check may be handled by a third party and may be electronically debited to your bank account for the full face value of the check, plus the state allowable return fee. More than two instances of returned checks will result in automatic cancellation from E-bill. Abnormally high consumption can cause a larger amount than expected to be deducted from your account. After reviewing your bill, it is your responsibility to contact KUA if your bill amount is higher than normal and you feel it is necessary to use an alternative payment method. By registering and participating in KUA’s E-bill services, you authorize KUA to initiate monthly debits and/or credits to your bank account at the financial institution you have indicated.