AGREEMENT

Subject to the terms and conditions of this Agreement, the Del Rio Pass Customer Service Center (Service Center) agrees to provide a Transponder (Standard Del Rio Pass to the User who in turn may use it to obtain passage on toll roads accepting Del Rio Pass.

TERMS AND CONDITIONS

GENERAL

User agrees:

To install the Transponder in accordance with the Transponder Installation Instructions. If failure to properly install the Transponder results in a toll violation, the user is subject fee of $5.00 fee for a new transponder. type="a"
To proactively maintain a positive Del Rio Pass Account balance.
That failure to maintain a positive Del Rio Pass Account balance could result in unpaid tolls, denied passage.
To provide and maintain an up-to-date email address and or cell phone number in order to receive electronic notifications of low balance/auto replacements.
To promptly provide updated payment information for auto-replenish accounts when credit card numbers, expiration dates or bank account details change.
That the Del Rio Pass service Center shall have no obligation or liability to the User with respect to use or performance of the Transponder. User agrees to indemnify and hold the Del Rio Pass Service Center, the Commonwealth of all operating agencies, their agents, representatives and respective employees harmless from and against any and all damage, loss, cost, expense, injury or liability relating to, arising from, or as a result of the use of, or the performance of the Transponder, or as a result of inaccurate User Account information.
To be fully responsible for any and all charges arising from the use of each Transponder until such time as User either surrenders the Transponder or reports it lost/stolen to the Del Rio Pass Service Center.
To use the Transponder only for the vehicle for which it was issued. Use of the Transponder on a vehicle other than vehicle assigned unless a hard case transponder may be a violation of agreement.
To maintain a safe following distance of at least one vehicle length when passing through tolling points.
Not to dispute toll charges that are more than 60 days old.
That RECEIPT will be given at the lane for Del Rio Pass transactions upon request.
To provide the Del Rio Pass Service Center with current, accurate and complete personal information to include, name, phone number(s) , mailing address, email address, replenishment information, vehicle information for all vehicles that will use the Transponder, and provide accurate and complete updates when information changes.
That any account with five (5) or more Transponders will be required to utilize automatic replenishment.
Not to exceed posted speeds at toll plazas and posted speed limits on open road toll facilities with no toll plazas.
Not to travel with more than one Transponder in a single vehicle.
To be fully aware of any specific Facility Terms of Use prior to use of the transponder on that Toll Facility.

PREPAID ACCOUNT

User agrees to maintain a Prepaid Account with the Service Center to cover User's applicable tolls, charges and fees as described in this Agreement. Failure to maintain a positive balance shall constitute a breach of this Agreement and may subject the User to have account closed by Del Rio Pass service center. User agrees that it is their responsibility to monitor their usage and account balance. Del Rio Pass provides a variety of means for checking account balances (including but not limited to quarterly and monthly statements, online review, and low balance at some locations) and will attempt to notify the customer via balance alerts as a courtesy. Del Rio Pass shall not be responsible for any consequences arising as a result of failure to maintain a positive Account balance.

Prepaid Account balances:

Applicable tolls charged each time the Transponder is used to obtain passage on, continue upon, or exit from an collection area.
Returned check fees of $30
Any other fees or costs chargeable under this Agreement, including but not limited to lost, stolen or damaged transponder fees.

REPLENISHMENT THRESHOLD

A Low Balance occurs whenever the Account balance drops to or below the established Account Replenishment Threshold (minimum $10.00 per Transponder). The initial Replenishment Threshold should be based on at least three days of anticipated usage. The Service Center reserves the right to increase the Replenishment Threshold based on User's usage patterns to aid in the maintenance of the Account(s).

ACCOUNT REPLENISHMENT

Whenever the Account balance drops to or below the Replenishment Threshold, User agrees to replenish Account by one of the following methods.

Automatic Account replenishment by credit/debit card or ACH (direct bank debit): User's credit/debit card or bank account registered in the Account will be charged a Replenishment Amount. The Customer Service Center reserves the right to increase the Account Replenishment Amount to compensate for usage patterns without notifying the User. If a credit/debit card or automatic checking account debit is declined more than once, User may become ineligible for automatic replenishment.
Manual Account replenishment: User should replenish their Account once it reaches Low Balance in order to maintain a positive balance and avoid interruption in service.

LOST OR STOLEN TRANSPONDER

User must notify the Del Rio Pass Service Center immediately of any lost or stolen Transponder, identifying the Transponder by card number. Until the Del Rio Pass Service Center is notified, the User will continue to be responsible for charges. Once notified, the Service Center will invalidate the Transponder. The User shall be responsible for the cost of the lost or stolen Transponder ($5.00 for each Standard Transponder and $12.00 for each hard case Transponder). The fee will be waived if the User provides a copy of an official police report indicating that the Transponder was stolen.

DAMAGED TRANSPONDER

The Del Rio Pass is the property of account holder. Any Transponder that has been altered, defaced or damaged in any manner will result in a fee of $5.00 for each Standard Transponder and $12.00 for each hard case Transponder.

ACCOUNT TERMINATION

The Del Rio Pass Service Center or Del Rio Pass User may terminate this Agreement at any time. Upon termination of this Agreement, the account will be closed. A refund will be processed within 30 days for any balance remaining in the User's Del Rio Pass Account, less any amounts owed under this Agreement. If the User' s account balance is insufficient to cover charges, the User will be liable for all such amounts, and may become liable for additional service charges, fines, or penalties in accordance with applicable law if such unpaid charges are not promptly paid. Any unresolved negative balance shall be subject to further collection procedures and/or legal action. Any unclaimed positive balances will be treated as unclaimed property in accordance with the laws of the Commonwealth of Texas.

PRIVACY POLICY

It shall be the policy that the Del Rio Pass Service Center shall only collect and retain Del Rio Pass User Del Rio Pass information that is absolutely necessary and essential in order to properly conduct and record financial transactions. Information collected by Del Rio Pass relative to individual Del Rio Pass customer usage shall only be released:

In response to a bona fide court order/subpoena for information;
At the request of the individual Del Rio Pass Account owner(s); or
To collect unpaid tolls or negative Account balance.

Service Center may provide Del Rio Pass User usage data in summary form to assist in transportation research. However, under no circumstance will individual customer information be disclosed to any nonaffiliated third parties for use in telemarketing, direct mail marketing, or other marketing through electronic mail to customers. Service Center is subject to federal and state statutory requirements and may amend its Del Rio Pass privacy policy at any time without notice in accordance with applicable statutory requirements.

OTHER TERMS AND CONDITIONS

It is expressly understood and agreed that an Del Rio Pass User authorizes the Del Rio Pass Service Center to access User' s credit card, debit card or ACH and make charges authorized under this Agreement. An Del Rio Pass User expressly understands and agrees that the Del Rio Pass Service Center shall not be liable to an Del Rio Pass User for any damages resulting from these actions. Additionally, the Del Rio Pass Service Center shall not be liable for:

Any incidental, indirect, special or consequential damages, including but not limited to, loss of use, revenues, profits or savings, even if the Del Rio Pass Service Center knew or should have known of the possibility of such damages; or
Claims, demands, or actions against Del Rio Pass User by any person, corporation, or other legal entity resulting from the use of the Transponders, credit report inquiry, check authorization and/or charging of the Del Rio Pass User' s credit card, debit or check card. Del Rio Pass Users who elect to provide funds via automatic draft drawn directly against account deposits agree to be responsible for the adequacy of those funds to satisfy all amounts drawn against them.

The Del Rio Pass Service Center may change the terms of this Agreement at any time by providing electronic or written notice to the Del Rio Pass User. If the Del Rio Pass is used after an Del Rio Pass user receives notice of the new terms of this Agreement, then the Del Rio Pass User shall be bound by the new Del Rio Pass terms. For purposes of this Agreement, the Del Rio Pass User shall be deemed to have received notice 10 days after the notification of changes is either emailed or deposited with the United States Postal Service, postage prepaid, addressed to the Del Rio Pass User at the most recent address registered on the Del Rio Pass User' s Account record at the Del Rio Pass Service Center. 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. For the purpose of giving any and all notice(s) to the Del Rio Pass Service Center required under the provisions of this Agreement, User shall use the following mailing address: