Please read this BHePAY User Agreement carefully. This Agreement includes disclaimers of liability and other matters of interest to you. By using the BHePAY program, you agree to the terms and conditions of this Agreement.

SCOPE OF AGREEMENT: This Agreement covers your use of the BHePAY Program (the "Program") offered by Bangor Hydro Electric Company. (“BHE”). In this Agreement, the words "you" and "your" refer to the Bangor Hydro Electric customer whose name appears on your Bangor Hydro Electric billing statement (that is, the person primarily responsible for payment of the account). The words "we," "our" and "us" refer to Bangor Hydro Electric Company ( “BHE”). The words "your account" refer to the account held by a bank or other financial institution from which payment will be made when you make transactions under the Program. The words "your bank" mean the bank or other financial institution that holds your account.

PAYMENTS: Each time you initiate a transaction, you authorize us or our agent to draw a check or draft or initiate an automated clearing house (ACH) or depository transfer check (DTC) debt in your name on your account, payable to us or our agent, in the amount of the transaction.

CHARGES: You are responsible for all charges incurred in connecting to the Program. Such as phone or internet service charges For each transaction using the BHePAY system our vendor imposes a convenience fee that will be billed as a separate transaction to your account. In addition to the convenience fee, your bank may assess either a customary per-check or item handling charge, depending on your agreement with them. You also agree to pay us a service charge for each dishonored check or draft to reimburse us for any costs of collection. Your bank may also assess its customary charge for such items.

DISHONORED REQUESTS FOR PAYMENTS: If any BHePAY transaction (check or draft drawn by us or our agent in connection with the Program) is not honored by your bank, we have the right to charge the amount of any such transaction to your Account or to collect the amount from you. If this happens, we may cancel your right to participate in the Program.

DISCLOSURE OF ACCOUNT INFORMATION TO THIRD PARTIES: To protect your privacy, we will not disclose any information about your BHePAY transactions to any person, except as follows:
1. As necessary to complete transactions;
2. To verify the existence of your Bangor Hydro Electric Account for a third party, such as a financial institution or credit bureau;
3. To comply with government agency or court orders;
4. To our employees, auditors, service providers, attorneys or collection agents in the course of their duties;
5. To persons authorized by law in the course of their official duties; or
6. If you give us written permission.

LAWS AND REGULATIONS: You agree that your access to and use of the Program is subject to all applicable federal, state and local laws and regulations.

OUR LIABILITY FOR IMPROPER TRANSACTIONS OR PAYMENTS: Bangor Hydro Electric agrees to make reasonable efforts to ensure full performance of the Program. Bangor Hydro Electric will be responsible for acting only on those instructions sent through the Program which are properly transmitted and actually received and cannot assume responsibility for malfunctions in communications facilities not under its control that may affect the accuracy or timeliness of messages you send. BHE is not responsible for any losses or delays in transmission of instructions arising out of the use of any access service provider or caused by any browser software. Bangor Hydro Electric is not responsible should you give incorrect instructions or if your payment instructions are not given sufficiently in advance to allow for timely payment.
Bangor Hydro Electric will be responsible for your actual losses if they were directly caused by our failure to complete an Electronic Funds Transfer as properly requested. However, there are some exceptions. We cannot accept liability in the following instances:
1. If, through no fault of ours, your account does not contain enough money to complete the transaction;
2. If the funds in the account are subject to legal process or other encumbrance restricting the transaction;
3. If circumstances beyond our control (such as fire or flood) prevent the transaction, despite reasonable precautions that we have taken; or
4. You knew there was a technical malfunction in the Program but you used it anyway.

LIMITATION OF LIABILITY: Except as otherwise provided in "Our Liability for Improper Transactions or Payments" and in the absence of negligence on the part of BHE, neither Bangor Hydro Electric nor any other service provider is responsible for any direct, indirect, special, incidental or consequential damages arising out of or in any way connected with access to or use of the Program (even if Bangor Hydro Electric or any other service provider has been advised of the possibility of such damages), including liability associated with any viruses which may infect your computer equipment.

WARRANTIES: ALL INFORMATION USED IN CONNECTION WITH THE PROGRAM IS PROVIDED TO YOU "AS IS." NEITHER Bangor Hydro Electric NOR ANY OTHER SERVICE PROVIDER MAKES ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY OR ACCURACY, UNLESS DISCLAIMING SUCH WARRANTIES IS PROHIBITED BY LAW.

CHANGES: Bangor Hydro Electric may change the Program and the terms, including fees, set forth in this Agreement at any time. You will be notified of any such change as required by applicable law. YOU UNDERSTAND THAT BY USING THE PROGRAM AFTER A CHANGE BECOMES EFFECTIVE, YOU HAVE AGREED TO IT.
VIOLATIONS OF RULES AND REGULATIONS: Bangor Hydro Electric reserves the right to seek all remedies available at law and in equity for violations of this Agreement, including the right to block access to the Program.

ACCESS TO PASSWORD PROTECTED/SECURE AREAS: Access to and use of password protected and/or secure areas of the Program is restricted to authorized users only. You are responsible for maintaining the security of your password and not permitting any other person access through your password. Unauthorized individuals attempting to access these areas of the Program may be subject to prosecution.

PRIOR AGREEMENTS AND ASSIGNMENTS: This Agreement terminates and takes the place of all prior agreements you may have with us relating to the Program. We have the right to assign this Agreement to a subsidiary or affiliate company at any time.

SEVERABILITY: In the event any one or more of the provisions of this Agreement shall for any reason be held to be invalid, illegal or unenforceable, the remaining provisions shall remain valid and enforceable.