Thank you for enrolling in the Automatic Payment Program with Florida Natural Gas ("FNG"). Your access to and use of this program is subject to the following Terms of Authorization and all applicable federal and state laws. These Terms of Authorization apply exclusively to your access to, and use of, automatic bank draft, automatic debit card or automatic credit card payment and do not alter in any way the FNG Terms and Conditions of Service. You must agree to these Terms of Authorization to use the Autopay Program. If you do not agree to these terms, please cancel your authorization as provided in Section 6 below. Please retain these Terms of Authorization for your records.
1. Authorization. By selecting automatic payment as your payment method, you hereby authorize FNG to initiate debits from the bank account or charge the debit card or credit card that you specified at the time of your enrollment on a monthly basis. THIS AUTHORIZATION WILL REMAIN IN EFFECT UNTIL YOU NOTIFY FNG, AS PROVIDED BELOW, TO CANCEL IT. You agree to be bound by any rules your financial institution requires for pre-authorized electronic funds transfers and payments. You are responsible for all fees charged by your financial institution associated with the pre-authorized payment option if applicable. For debits, there is a maximum transaction amount of $99,999.00. For credit card payments, there is a maximum transaction amount of $5,000.00. You hereby authorize FNG to charge your checking/savings account or present debit/credit card amounts for payment up to or equal those amounts, depending on your usage as described in the Terms and Conditions of Service. You certify to FNG that you have the authority to authorize such debits from your bank account or authorize such charges to the debit/credit card whose information you provided to FNG. To help keep your account current and prevent service interruption, you authorize FNG to update your payment debit/credit card information on file when it is set to expire or based on updates we receive from the bank that issues your payment debit/credit card. This authorization will be valid for one (1) year.
2. Contact Information and Business Hours. You may contact FNG in writing at P.O. Box 570828, Atlanta, Georgia 30357 or by telephone during its general hours of operation at 1-877-436-4427. FNG's general hours of operation are: 8:00 a.m. to 5:00 p.m., Monday through Friday.
3. Monthly Bills. Each month you will receive a bill with your FNG charges. If you have any inquiries regarding your FNG charges, you may call the telephone number or write to the address specified in Section 2 above.
4. Verification of Autopay. If you would like to verify that a payment transaction has been made, you may do so by calling FNG at 1-877-436-4427.
5. Rejection of Automatic Payments. If your bank or financial institution returns or rejects any specific payment transaction for any reason, FNG may assess a charge for a returned payment or a late fee and may reinitiate a debit from your bank account or re-present a charge to your debit/credit card for such amount, provided FNG has not received and processed your request to cancel your authorization at least one business day prior to such attempt. In its sole discretion, FNG may remove you from the Autopay Program if your bank or financial institution returns or rejects any specific transfer or charge. You must update all changes to your checking/savings account or debit/credit card information by notifying FNG using the contact information in Section 2 above. If you do not update your checking/savings account or debit/credit card information and FNG is unable to withdraw funds from your checking/savings account or charge your debit/credit card for the amount due on your FNG account, you may be subject to applicable late fees and returned item charges as well as any fees or charges assessed by your financial institution.
6. Cancelling Authorization. You may cancel authorization for autopay by notifying FNG using the contact information in Section 2 above, or online at customerpaymentcenter.com. FNG must receive and process your request at least three (3) days prior to the applicable bill due date.
7. Variation of Payment. The payment transactions made through the Autopay Program may vary. If there is a variation in the monthly amount to be charged or debited, FNG will provide you with a notice of the amount to be paid in your bill, or otherwise in writing, at least ten (10) days prior to the date of such payment transaction. You will have the ability to stop payment on such payment transaction as specified in Section 8 below. If you receive your bill directly from FNG, the amount debited from your bank account or charged to your debit/credit card every month will be the then-current balance on your FNG bill, unless we otherwise notify you of a variation in your current balance (e.g., in connection with the issuance of a credit to your account) as explained above. If you receive your bill from your utility the amount debited from your bank account or charged to your debit/credit card every month will be the then-current balance of your FNG charges on the utility bill, unless we otherwise notify you of a variation in your current balance (e.g., in connection with the issuance of a credit to your account) as explained above.
8. Cancel Payment Requests. You may request to cancel a payment that is part of the Autopay Program by notifying FNG using the contact information in Section 2 above. FNG must receive and process your request at least one (1) business day before the next scheduled date of a payment transaction. Please note that the date of each payment transaction is the applicable bill due date. FNG may require you to send written confirmation of a cancel payment request to the aforementioned address within fourteen (14) days of an oral notification. In its sole discretion, FNG may remove you from the Autopay Program if you cancel a payment that is part of the Autopay Program.
9. Resolving Errors. If you believe the FNG charges on your bill are incorrect, please follow the procedures set forth in the FNG Terms and Conditions of Service. If you believe that a debit to your account or charge to your debit/credit card was in an amount different than indicated on your bill or if you need more information about a payment transaction listed on your bank statement or receipt, please call FNG using the contact information in Section 2 above, as soon as possible after learning of the issue. FNG must hear from you no later than sixty (60) days after the first statement on which the problem or error appeared was sent. In notifying FNG about the issue, please provide the following information: (1) your full name and account number; (2) a description of the error or payment transaction you are unsure about, with as many details as you can provide as to why you believe it is an error or why you need more information; and (3) the dollar amount of the suspected error. Please note that if you provide us with this information orally, FNG may require that you provide your complaint or question in writing to the address listed above within ten (10) business days.
If you notify FNG that an error involving a transfer from your specified bank account or charge to your debit/credit card has occurred, FNG will determine whether an error occurred within ten (10) business days after we hear from you and will correct any error promptly. If we need more time, however, we may take up to forty-five (45) days to investigate your complaint or question. If we decide to do this, we will credit your account within ten (10) business days for the amount you think is in error, so that you will have the use of the money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within ten (10) business days, we may not credit your account.
For errors involving new accounts, we may take up to ninety (90) days to investigate your complaint or question. For new accounts, we may take up to twenty (20) business days to credit your account for the amount you think is in error.
We will tell you the results within three (3) business days after completing our investigation. If we decide that there was no error, we will send you a written explanation. You may ask for copies of the documents that we used in our investigation. FNG will correct the error within one (1) business day after determining that an error has occurred.
10. Change in Terms and Error Resolution Procedures. FNG reserves the right to change these Terms of Authorization or terminate this program at any time. Notice may be given on or with your FNG bill or by other methods. If a change in these Terms of Authorization will result in (1) increased fees to you; (2) increased liability to you; (3) fewer types of available electronic fund transfers; or (4) stricter limitations on the frequency or dollar amount of payment transactions, FNG will mail or otherwise deliver a written notice to you at least twenty-one (21) days before the effective date. These Terms of Authorization do not in any way change, amend or modify the FNG Terms and Conditions of Service, or other agreements that apply to your FNG account.
11. Liability for Unauthorized Electronic Fund Transfers. Subject to the Limitations of Liability provisions in the FNG Terms and Conditions of Service, FNG may be liable for certain losses and damages resulting from unauthorized electronic payment transactions initiated by FNG from your specified bank account or charged to your debit/credit card, including the failure to complete a payment transaction to or from such account on time or in the correct amount according to these Terms of Authorization. Please be advised that FNG's liability for any unauthorized electronic payment transaction is dependent upon your timely providing FNG with written and/or oral notification of any purported unauthorized transaction. You may notify FNG of any unauthorized electronic payment transaction using the contact information in Section 2 above. If FNG is timely notified, FNG will investigate all issues that you identified as resulting from an unauthorized electronic payment transaction in accordance with applicable law and the error resolution procedures discussed in Section (9) above.
However, please be advised that in addition to the Limitations of Liability provisions in the FNG Terms and Conditions of Service, FNG will not be liable to you in any amount if a payment authorized hereunder is not completed and such non-payment arises from: (1) an incorrect or incomplete autopay application provided to FNG, including but not limited to an incorrect or incomplete name or address or an incomplete or incorrect debit/credit card information, bank account or FNG account information; (2) if, you do not have enough money in your account to make the payment; (3) if the funds in your bank account are subject to an uncollected funds hold, legal process or any other encumbrance or claim restricting transfers at the time FNG attempts to debit your account or charge your debit/credit card for an authorized payment; (4) if you have an overdraft line and the transfer would go over the credit limit; (5) if your debit/credit card or electronic payment transaction is otherwise declined or rejected by your financial institution; (6) if circumstances beyond FNG's control (such as fire, flood or act of God) prevent the payment transaction, despite reasonable precautions taken by FNG; (7) any other exceptions stated in any agreement you may have with FNG; or (8) if the maximum transaction amount that is set on your account is less than the amount of payments due by you.
12. Confidentiality. FNG will disclose information to third parties about your account of the payment transactions you make: (i) where it is necessary for completing payment transactions; (ii) in order to verify the existence and condition of our account for a third party, such as a credit bureau or merchant; (iii) in order to comply with government agency or court orders; (iv) to enforce its rights under this Agreement; or (iv) if you give us your express written permission.
13. Disclaimer. THE AUTOPAY PROGRAM IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND FNG DISCLAIMS ALL WARRANTIES EXPRESS OR IMPLIED.