LIME ENERGY SERVICES CO.

ONLINE PAYMENT TERMS AND CONDITIONS

 

Your use of the Lime Payment Processing portal (the “Portal”) is subject to the following Terms and Conditions.  You should not continue if you do not agree to these Terms and Conditions.  By continuing, you will electronically sign and agree to these Terms and Conditions.

 

 

 

The following Terms and Conditions apply with respect to one-time and recurring payments made online using the Lime Payment Processing portal (the "Portal”). The Portal allows online payments of current and past-due Lime Energy Services Co. (“Lime”) bills, on a one-time or recurring basis from a Customer’s deposit account at a bank, credit union, or other financial institution (“Bank”).  These terms supplement Lime’s Website Terms & Conditions and any other agreements or terms between Customer and Lime.   

 

Those who choose to make online Bill Payments by enrolling a Bank account, credit card, or debit card will be transferred from the Lime Website to the Website of Lime's Bank account, credit card, and debit card billing provider. Transactions using a Bank account, credit card, or debit card will be governed by the terms and conditions applicable to the billing provider’s website, and may incur a fee.

 

The Portal consists of two parts: (i) the Portal that allows a Customer to activate a Portal account, and (ii) a Portal invoice payment program that allows a user to make a payment on Customer’s account.  These Terms and Conditions do not vary the terms of the other Agreements between Customer and Lime and all obligations of Customer set forth in those Agreements will remain, regardless of Customer’s election to use the Portal.  By activating a full-featured Portal account, Customer will be able to save Customer’s payment information for future visits. 

 

A RETURNED PAYMENT FEE OF $50.00 WILL BE CHARGED IF ANY PAYMENT IS RETURNED AS UNPAID, DISHONORED, OR DUE TO INSUFFICIENT FUNDS. 

 

1. Definitions

 

·         Agreements” refer to the agreements between Customer and Lime and includes (as applicable) the terms of the Project Proposal, the Program Participation Agreement (including any payment plan terms), the Energy Savings Agreement, and the associated Project Completion Form (which incorporate any change orders or changes incorporated in the Project Completion Form).

 

·         "Bill Payment" refers to a payment initiated by a Customer or User through Lime's Portal.

 

·         "Billing Account" means a Lime Customer account for energy efficiency services as to which a Customer authorizes a Bill Payment to be made electronically.

 

·         "Business Day" refers to any day other than a Saturday, Sunday, Federal Reserve holiday, or a day when a bank or financial institution in which a Payment Account has been established is authorized by a regulatory authority not to be open for business.

 

·         Customer” means a Lime Customer that has a Billing Account for Lime’s services.

 

·         "Due Date" refers to the date when a Bill Payment is due, as set forth on an invoice presented by Lime, but does not include any days of grace.

 

·         "Payee" refers to Lime.

 

·         "Payment Account" means the deposit account, debit card, or credit card designated by a Customer from which a Bill Payment is debited.

 

·         "Payment Authorization" refers to the information (including but not limited to the Payee's name, an identification number for Customer or Customer’s project, Billing Account number, Payment Account number, and Scheduled Payment Date) provided to Lime by a Customer for the purpose of authorizing a Bill Payment to be debited from a Payment Account and paid directly or indirectly to Lime for credit to a Billing Account.

 

·         Portal” has the meaning set forth in the first paragraph of these Terms and Conditions for Portal.

 

·         "Scheduled Payment" refers to each Bill Payment scheduled by a Customer through the Portal.

 

·         "Scheduled Payment Date" refers to the Business Day on which a Scheduled Payment is scheduled by a Customer to be posted to the Customer's Billing Account. Lime's Portal will only allow a Customer to set a Scheduled Payment Date that falls on a Business Day. A Bill Payment cannot generally be scheduled to occur later than the Due Date for such payment.

 

·         Terms and Conditions” means this agreement including all terms and conditions contained herein, as they may be updated from time-to-time.

 

·         User” means the individual or entity that accesses this website and provides the Payment Authorization to debit a Payment Account for payment of a Billing Account.

2. Activation and De-Activation of the Portal

 

The Portal may be used to make a Bill Payment immediately or on a future Scheduled Payment Date for services and products provided by Lime and for which Customer owes Lime as provided in various Agreements. Upon activation or use of the Portal by a Customer, the Customer's Billing Account will be immediately available to receive Bill Payments authorized by the Customer, so long as the Billing Account is valid. At this time, there is no fee for activation, de-activation or use of the Portal or for one-time Bill Payments made to a Customer's Payment Account. The Portal requires that each Bill Payment be scheduled and made separately, and may not be used to authorize automatically recurring payments except as set forth herein. A Customer wishing to authorize automatic recurring payments should enroll in Lime's recurring payment plan (“RPP”). Information about the RPP is available on the Lime Website and in Section 11 of this Agreement.

 

A Customer is not required to use the Portal but may use the service from time to time by following the procedures to do so on the Lime Website, www.paylime.com. A Customer may change or delete an existing Payment Account designation on the Lime Website by selecting the "Edit" or "Remove" links on the Stored Payment Methods screen, deleting existing Payment Account information, and choosing whether to enter new Payment Account information. In the event a Customer chooses not to use Lime's Portal, it remains Customer’s sole responsibility to make all invoice payments due to Lime on a timely basis.

 

IF YOU ELECT TO TERMINATE A PAYMENT AUTHORIZATION WITHOUT PROVIDING UPDATED PAYMENT INFORMATION TO LIME, YOU WILL BE IMMEDIATELY INVOICED FOR THE LUMP SUM PAYMENT AMOUNT SHOWN IN THE AGREEMENTS, LESS ANY AMOUNTS YOU PREVIOUSLY PAID.    

 

Lime will have no responsibility for the cancellation of an electronic Bill Payment or for the mailing or other presentment of an invoice, when such Bill Payment is already in the process of being made pursuant to a Payment Authorization in effect at the time a Customer requests that the Bill Payment be cancelled.

 

Invoices that a Customer chooses to pay by ACH, debit card, or credit card through the Portal will be processed through Lime's processing services provider’s Website, and fees may apply. A Customer wishing to make online bill payments will be routed by a link from Lime's Website to the payment processor Website, where such card payment(s) will be initiated and processed pursuant to the terms, conditions, and policies established by payment processor, and will be subject to standard Customer charges agreed upon by payment processor and Lime with respect to such card payment(s).

 

3. Scheduling Bill Payments

 

The Portal offers the Customer the choice of a "one-time” or a "recurring payment" for Bill Payments made from a Payment Account.  Lime may limit or restrict the amounts of a Payment Authorization or the Billing Account to which it may be applied.  In such circumstances, Lime will provide Customer or User with this information at the time that Customer or User attempts to initiate a Payment Authorization.  The one-time and recurring payment features are available to pay amounts that are owed for services that are posted to the Billing Account, as well as amounts that the User may owe for fees, charges, or additional products. 

 

The one-time payment feature allows a Customer to make a Bill Payment and have it posted to the Customer's Billing Account on the same day, so long as the Customer's Payment Authorization is received by Lime before 6:00 p.m. ET, each day. Payment Authorizations received by Lime after 6:00 p.m. ET, will be posted to the Customer's Billing Account on the next day. The Customer's Payment Account could be debited immediately following the submission of the payment.  Customer should have available funds in the Payment Account immediately to cover the payment.  It can take up to four (4) days for a payment to process against the Payment Account.  The Customer is responsible for maintaining available funds in the Payment Account at all times until debited by Lime.

 

The RPP feature, described in Section 11, allows a Customer to schedule a Bill Payment for future date(s). Using this feature, a Customer may enter a Payment Authorization to set a series of future Bill Payments. Bill Payments made using the RPP feature are posted to the Customer's Billing Account on the dates established, and the Customer's Payment Account may be debited on the dates set forth in the recurring payments authorization.  It can take up to four (4) days from each date established under the RPP feature for a payment to process against the Payment Account and Customer is responsible for maintaining available funds in the Payment Account at all times until debited by Lime.

 

If a Bill Payment fails to clear a Customer's Payment Account for any reason after being posted to the Customer's Billing Account, the credit to the Billing Account will be reversed and the Customer may be subject to a return payment fee, a late charge, or other possible consequences for non-payment, including but not limited to being refused use of the Portal and having the Customer’s Lime’s services suspended. To avoid late charges or other possible consequences for non-payment or late payment, a Customer must use the Portal in a timely manner so that a Bill Payment is posted to the appropriate Billing Account no later than the Due Date for the Bill Payment being authorized, as shown on the Customer's utility bill.

 

Customer and Users agree that if there are insufficient funds ("NSF") in in the Payment Account to cover a requested Payment Authorization, or if the financial institution maintaining the Payment Account rejects a debit for any reason, the payment will be cancelled and the Payment Authorization will be reversed to the extent permitted by law. If this occurs, User and Customer, in addition to any fees that they may owe to Lime, may also be liable for any fees charged by the financial institution where the Payment Account is maintained.

 

Due to circumstances beyond the control of Lime, the receipt by Lime of a Payment Authorization or Bill Payment, or the posting of a Bill Payment to the Customer's Billing Account, may be delayed until after the Due Date. If receipt by Lime of such a delayed Bill Payment or a delay in posting a Bill Payment to a Billing Account occurs, Lime will refund any applicable late fee and suspend any other consequences resulting from such delay if, but only if, the sole cause of the delay is within the control of Lime or its vendors, the Bill Payment was properly and timely authorized and scheduled by the Customer in accordance with all terms, conditions, and policies applicable to use of the Portal, and absent the error the payment would have been posted to the Customer's Billing Account on or prior to the Due Date and paid through the Customer’s Payment Account.

 

4. Authorization and Remittance of Payments

 

Issuance to Lime of a Payment Authorization constitutes the Customer's authorization for a Bill Payment to be made by electronically debiting the Customer's Payment Account. Lime will debit such Payment Account so that Lime will receive the Bill Payment on, or as close as reasonably possible to, the Scheduled Payment Date designated by the Customer. The Customer's designation of a Payment Account to be debited to make a Bill Payment constitutes a representation that the Customer has all necessary legal authority to draw upon, and to direct that the Bill Payment be debited from, such Payment Account. Use of the Portal further constitutes the Customer's authority for Lime or its agent(s) or vendor(s) to credit the designated Payment Account for any erroneous debits or charges made to such Payment Account.

 

Lime does not control, and shall have no responsibility with respect to, the processing of electronic check, credit or debit card payments by payment processor. All such payments processed by payment processor are subject to the terms, conditions, and policies applicable with respect to the payment processor Website, and a standard fee in an amount agreed to and approved by Lime may be charged by payment processor for each invoice paid or Bill Payment. Customer acknowledges that no identity verification can be provided with respect to the use of electronic check, credit or debit cards to make Bill Payments, and agrees that the risk of unauthorized use shall not be borne by Lime or its agent(s) or vendor(s).

 

5. Payment Cancellation Requests

 

Lime's ability to accept a request for cancellation of a Bill Payment will depend upon the timeliness of the request and whether the Bill Payment has already been entered into and/or cleared through the electronic payment process. After a Customer's Bill Payment has been scheduled and the process for debiting a Payment Account has begun, it cannot be cancelled by Lime, and the Customer's only recourse is to seek the entry of a stop payment order by the Customer's Bank. Lime will make reasonable efforts to stop Bill Payments cancelled by a Customer when such cancellation is received by Lime before 1:00 pm ET, on the same day the Payment Authorization has been received by Lime. Although Lime will use reasonable efforts to respond to a request to cancel a Bill Payment, Lime can provide no assurance to Customer that a cancellation can be accomplished and will have no liability with respect thereto. In the event a Bill Payment is canceled, the Customer will be responsible for payment of any charges imposed by a depository institution in connection with the stop payment order and for making alternative arrangements to pay the Customer's utility bill in a timely manner. As referred to above, late charges and other consequences can follow from a failure to keep the Customer's Billing Account current and in good standing.

 

All stop payment requests with regard to any invoice payment made online by electronic check, credit, or debit card should be made to the Customer's financial institution, credit or debit card issuer, or the payment processor, and will be governed by all terms, conditions, and policies relating to such payments, including the imposition of charges with respect thereto. Lime will have no liability with respect to stop payment requests for Bill Payments made by electronic check, credit or debit card, or with respect to charges imposed for any such stop payment requests.

 

IF YOU ELECT TO TERMINATE A PAYMENT AUTHORIZATION WITHOUT PROVIDING UPDATED PAYMENT INFORMATION TO LIME THROUGH THE PORTAL, YOU WILL BE IMMEDIATELY INVOICED FOR THE LUMP SUM PAYMENT AMOUNT SHOWN IN THE AGREEMENTS, LESS ANY AMOUNTS YOU PREVIOUSLY PAID.    

 

6. Lime's Responsibility

 

Lime will use reasonable efforts to execute in a timely and proper manner all Payment Authorizations for Bill Payments to be made from a Payment Account through the Portal. However, neither Lime nor its agents or vendors shall have any liability to Customer for the failure of any Bill Payment to be made in a proper and timely manner, where the cause of such failure arises from any one or more of the following: (1) insufficient funds in a Customer's designated Payment Account, (2) an insufficient unused credit limit on a credit card or an insufficient account balance for a debit card charge designated by a Customer for payment of a utility bill through payment processor, (3) an incorrect or incomplete Payment Authorization provided to Lime, including but not limited to an incorrect or incomplete name, address, phone number, or e-mail address, or incorrect Billing Account or Payment Account information, (4) any circumstance beyond the reasonable control of Lime, its agent(s), or its vendor(s) including, but not limited to, flood, fire, failure or malfunction of computers or computer networks or the Internet, interruption of communication facilities, security breach, labor difficulties, terrorism, war, or any other force majeure event(s) beyond the reasonable control of Lime that would normally be an acceptable legal excuse or defense for non-performance of a contractual obligation, (5) or any other cause that is not the result of the gross negligence, or willful or unlawful misconduct, of Lime. Notwithstanding the foregoing, if Lime is solely responsible for causing an incorrect amount of funds to be debited from a Customer's Payment Account, executes a Bill Payment transaction that contravenes a Customer's valid Payment Authorization made in accordance with terms, conditions, and policies applicable to the use of the Portal, or otherwise causes the misdirection or misapplication of a Bill Payment made pursuant to a Customer's valid Payment Authorization in accordance with terms, conditions, and policies applicable to the use of the Portal, the sole liability of Lime with respect thereto shall be to correct such misdirected or misapplied Bill Payment by crediting the funds to the appropriate Billing Account or, if applicable, crediting funds back to the Customer's Payment Account. Other responsibilities and rights of Lime are described throughout these Terms and Conditions and in the Website Terms and Conditions. Lime shall have no responsibilities, either express or implied, with respect to the Portal, except as expressly set forth in the terms, conditions, and policies applicable thereto. Lime reserves the right, exercisable in its discretion, to select the method by which Bill Payments are electronically debited from a Payment Account. Under no circumstances shall Lime, its agent(s), or its vendor(s) be liable for indirect, special, or consequential damages.

 

7. Customer Responsibilities

 

It is always the responsibility of the Customer of the Portal to contact Lime directly if the Customer does not receive their billing statements either electronically, by mail, or otherwise, or if any electronic Bill Payment transaction initiated by such Customer shall have failed or not been processed in a timely and accurate manner.

 

It is the responsibility of each Customer of the Portal to review such Customer's bills for utility services in a timely manner and to bring any errors, omissions, or questions to Lime's attention. Suspected errors or omissions in a Customer's utility bill or questions about the Portal or any failed electronic Bill Payment should be directed promptly to Lime Customer Service in one of the following ways:

 

o    Email Lime Customer Service at billingquestion@lime-energy.com 

o    Telephone Lime Customer Service at 1-833-PAY-LIME or (1-833-729-5463) during normal Customer service hours (9:00 a.m. ET to 5:00 p.m. ET, each Business Day)

o    Write to Lime Customer Service at:

 

Lime Accounts Receivable Department

100 Mulberry Street, 4 Gateway Center, 4th Floor

Newark, NJ 07102

 

 

ERROR RESOLUTION: In case of errors or omissions, please contact Lime immediately.

 

You will receive a receipt for each payment made through the Portal.  Your periodic statement from your Bank or card issuer that holds your Payment Account will show your payments.  You should always save your receipts.  If you suspect an error or have any questions, you should contact Lime immediately.  Lime must hear from Customer no later than sixty (60) days following the date on which the suspected problem or error appeared. In reporting any suspected billing error or omission, Customer should be prepared to provide:

1.     Customer’s name and address,

2.     Billing Account number,

3.     a description of the suspected error or omission, failed electronic Bill Payment, or question about which the Customer is contacting Lime, and

4.     the amount of any such suspected error or Bill Payment failure.

If a Customer contacts Lime by telephone, Lime reserves the right to require that any question, suspected error or omission, or Bill Payment failure described by the Customer be submitted to Lime in written form within ten (10) days after the Customer has contacted Lime. Lime will make every effort to respond to questions and advise the Customer within ten (10) days of any actions to be taken in regard to suspected billing errors or omissions, or Bill Payment failures. For new accounts, Lime may take up to twenty (20) days to respond to questions and advise the Customer of any actions to be taken in regard to suspected billing errors or omissions, or Bill Payment failures. If Lime determines that there was no error, Lime will provide Customer with a written explanation. Customer may request copies of any documents that Lime used in its investigation. The process for addressing questions and suspected billing errors or omissions, or Bill Payment failures, with respect to a particular Billing Account may be governed by the utility regulatory statutes, regulations, rules, and/or procedures of the jurisdiction where utility service was provided for that Billing Account.

 

A Customer of the Portal must establish and maintain such Customer’s names and passwords for the use of such service, and are responsible for any action or inaction on their part that compromises the security of such Customer name or password or any other confidential Customer information. A Customer of the Portal agrees not to give or make available to any unauthorized individual such Customer’s names, passwords, or any other confidential Customer information by means of which any such unauthorized person might access a Customer's Billing Account or personal information. A Customer of the Portal also agrees that he or she will not make use of someone else's Customer name, password, Billing Account number, or other personal information to gain unauthorized access to another Customer's Payment Account, Billing Account, or personal information. Any Customer who believes that his or her Customer name, password, or other personal information has been lost or stolen, or that someone is or may be attempting to access such Customer's Billing Account or Payment Account without authorization, should notify Lime Customer Service immediately by calling 1-833-PAY-LIME (1-833-933-729-5463) during normal Customer service hours (between 9:00 a.m. ET and 5:00 p.m. ET, each Business Day). Lime reserves the right, in its sole discretion, to accept or deny any Customer's request to activate and make use of the Portal.

 

8. EXCLUSION OF WARRANTIES

 

THE PORTAL IS PROVIDED SOLELY AT THE DISCRETION OF LIME AND IS PROVIDED "AS IS" AND WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY OR WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE.  LIME OFFERS NO WARRANTY THAT THE PORTAL SERVICE WILL BE AVAILABLE OR OPERATE ERROR FREE.

 

LIME WILL BE RESPONSIBLE FOR ACTING ONLY ON THOSE INSTRUCTIONS THAT ARE PROPERLY TRANSMITTED THROUGH THIS WEBSITE AND ACTUALLY RECEIVED BY LIME, AND DOES NOT ASSUME RESPONSIBILITY FOR MALFUNCTIONS IN COMMUNICATIONS FACILITIES NOT UNDER ITS SOLE CONTROL THAT MAY AFFECT THE ACCURACY OR TIMELINESS OF SUCH TRANSMISSIONS. LIME IS NOT RESPONSIBLE FOR ANY LOSSES OR DELAYS IN TRANSMISSION OF INSTRUCTIONS ARISING OUT OF THE USE OF ANY INTERNET ACCESS SERVICE PROVIDER OR CAUSED BY ANY BROWSER OR OTHER SOFTWARE OR OTHER CIRCUMSTANCES BEYOND ITS SOLE CONTROL. LIME IS NOT RESPONSIBLE SHOULD CUSTOMER OR USER PROVIDE INCORRECT INFORMATION OR IF CUSTOMER’S OR USER’S PAYMENT INSTRUCTIONS ARE NOT GIVEN SUFFICIENTLY IN ADVANCE TO ALLOW LIME TO ACT ON THE INSTRUCTIONS OR PAYMENT AUTHORIZATIONS CUSTOMER OR USER HAS INPUT.

 

9. Amendment, Alteration and Termination of Portal

 

These Terms and Conditions may be altered or amended by Lime at any time in its sole discretion. In such event, notice of such alteration(s) or amendment(s) will be provided to the Customer electronically on the Lime Website or by e-mail. Any use of the Portal by a Customer after the giving of such notice shall constitute such Customer's agreement to such alteration or amendment. Use of the Portal constitutes a Customer's authorization for all notices under the service to be sent or posted electronically. Any such notice shall be deemed received by the Customer when electronically sent or posted by Lime.

 

Lime, in its sole discretion, may make modifications to, limit access to, or terminate the Portal at any time and for any reason without liability to any Customer or third party.

 

10. ESign Act Consent and Consent to Receive Notices Electronically

 

At Lime, we want to ensure you have all of the information you need to manage your invoices and payment options effectively. Our goal is to provide you with as many options as possible for receiving your invoices and other information about your account.  We are required by law to give you certain information “in writing,” which means you are entitled to receive it on paper. We may provide this information to you electronically, instead, with your prior consent. We also need your general consent to use electronic records and signatures in our relationship with you. So, before you use our online services, you must review and consent to the terms outlined below.

 

In this consent:

·         "We," "us," "our" and "Lime" means Lime Energy Services Co.

·         “You” and “your” means the person giving this consent, and also each additional Customer receiving services from Lime, and any user identified in the enrollment information for Products and services you apply for, use or access.

·         “Communications” means each disclosure, notice, agreement, fee schedule, statement, record, document, and other information we provide to you, or that you sign or submit or agree to at our request.

·         “Electronic Service” means each and every product and service we offer that you apply for, use, administer or access using the Internet, a website, email, messaging services (including text messaging) and/or software applications (including applications for mobile or hand-held devices), either now or in the future.

·         “Product” means each and every account, product or service we offer that you apply for, own, use, administer or access, either now or in the future. Products include the Lime Website, as well as any payment functions or services offered through the Website.

·         The words “include" and "including," when used at the beginning of a list of one or more items, indicates that the list contains examples – the list is not exclusive or exhaustive, and the items in the list are only illustrations. They are not the only possible items that could appear in the list.

 

a.     Your consent to use electronic records and signatures; Choosing to receive Communications electronically or in writing; Certain information must still be provided in writing.

 

In our sole discretion, the Communications we provide to you, or that you sign or agree to at our request, may be in electronic form (“Electronic Records”). We may also use electronic signatures and obtain them from you as part of our transactions with you.

 

Electronic Records may be delivered to you in a variety of ways. These various delivery methods are described in our Website General Terms & Conditions, the Terms and Conditions applicable to the payment Portal, and in other agreements we may have with you from time to time. In some cases, you will be able to choose whether to receive certain Communications electronically, or on paper, or both. We will provide you with instructions on how to make those choices when they are available.

 

We may always, in our sole discretion, provide you with any Communication in writing, even if you have chosen to receive it electronically.

 

Sometimes the law, or our agreement with you, requires you to give us a written notice. You must still provide these notices to us on paper, unless we specifically tell you in another Communication how you may deliver that notice to us electronically.

 

There may be certain Communications that by law we are not permitted to deliver to you electronically, even with your consent. So long as required by law, we will continue to deliver those Communications to you in writing. However, if the law changes in the future and permits any of those Communications to be delivered as Electronic Records, this consent will automatically cover those Communications as well.

 

b.     Your option to receive paper copies.

 

If we provide Electronic Records to you, and you want a paper copy, you may contact Lime and request a paper version. You will find the appropriate contact information on your billing statement or in the related Electronic Record. 

 

c.     Your consent covers all Lime Products; Privacy Policies.

 

Your consent covers all Communications relating to any Lime Products. Your consent remains in effect until you give us notice that you are withdrawing it.

 

From time to time, you may seek to obtain a new Product from us. When you do, we may remind you that you have already given us your consent to use Electronic Records and signatures. If you decide not to use Electronic Records and signatures in connection with the new product or service, your decision does not mean you have withdrawn this consent for any other Product.

 

d.     You may withdraw your consent at any time; Consequences of withdrawing consent; How to give notice of withdrawal.

 

You have the right to withdraw your consent at any time. Please be aware, however, that withdrawal of consent may result in the termination of:

 

·         your access to access the Lime Portal, or

·         your ability to use certain Lime Products.

 

Your withdrawal of consent will become effective after we have had a reasonable opportunity to act upon it.

If you are receiving online or electronic invoices, the termination will cause paper invoices to be mailed to you via the U.S. Postal Service or other courier. Please refer to the applicable agreement for any fee that may apply.  To withdraw your consent, you must contact Lime at (833-PAY-LIME) or (833-729-5463) or change your preference through the Lime Website and Portal.

 

e.     You must keep your email or electronic address current with us.

 

You must promptly notify us of any change in your email or other electronic address. You may change the email address on record for you by contacting Lime at (833-PAY-LIME) or (833-729-5463) or modifying your email address within the Portal. If you have given us another type of electronic address, such as an electronic address or mobile phone number for SMS text messages, you may change that address by going to the account management page for each Product you have linked to that address. There may be other, special Products for which we provide separate instructions to update your email or other electronic address.

 

f.     Hardware and software you will need.

 

To receive Electronic Records, you must have access to:

 

·         a Current Version (defined below) of an Internet browser we support,

·         a connection to the Internet,

·         a Current Version of a program that accurately reads and displays PDF files (such as Adobe Acrobat Reader), and

·         a computer and an operating system capable of supporting all of the above.

 

You will also need a printer if you wish to print out and retain records on paper, and electronic storage if you wish to retain records in electronic form. You must also have an active email address.

 

By “Current Version,” we mean a version of the software that is currently being supported by its publisher. We currently support the following Internet browsers and you will generally need the latest release of each browser to access the Lime Products: Internet Explorer, Chrome, and Firefox.

 

From time to time, we may offer services or features that require that your Internet browser be configured in a particular way, such as permitting the use of JavaScript or cookies. If we detect that your Internet browser is not properly configured, we will provide you with a notice and advice on how to update your configuration.

 

We reserve the right to discontinue support of a Current Version of software or a particular Internet browser if, in our sole opinion, it suffers from a security flaw or other flaw that makes it unsuitable for use with our online or mobile Products, including MyLime.

 

g.     Changes to hardware or software requirements.

 

If our hardware or software requirements change, and that change would create a material risk that you would not be able to access or retain your Electronic Records, we will give you notice of the revised hardware or software requirements. Continuing to use Electronic Services after receiving notice of the change is reaffirmation of your consent.

 

h.    Your enrollment in Electronic Services using our equipment.

 

If you enroll for an Electronic Service through a representative or using Lime’s equipment/tables/devices, your enrollment may not be complete until you take additional action. We will advise you, at the time of your enrollment, of any additional action you must take. If you take the required action, it is an affirmation of your consent to use electronic records and signatures under the terms of this ESign Act Consent and Consent to Receive Notices Electronically.

 

i.      Communications in languages other than English.

 

Please note, we may be unable to fulfill and service Lime Products in a language other than English.  Future Communications may be in English only. If you are not fluent in English, you should consider obtaining the services of an interpreter or taking other steps to ensure you understand the transaction before entering into it and to explain any future Communications in English.

 

j.     Your representations to Lime.

 

By providing your consent, you are also confirming that you have the hardware and software described above, that you are able to receive and review electronic records, and that you have an active email account. You are also confirming that you are authorized to, and do, consent on behalf of the Customer and other Users of the online and mobile Products and services.

11. Terms Specific to Recurring Payment Program (“RPP”)

 

Lime's RPP feature allows users to authorize Bill Payments to be made, on a recurring basis for each payment due under a payment plan and other fees or charges authorized to be added to the user’s Billing Account. There is no fee for enrollment in or dis-enrollment from the RPP or for Bill Payments made by drafting a Payment Account. Enrollment in the RPP constitutes authorization for Lime to debit a Payment Account for the amount of each scheduled payment presented to the Customer and to credit the payment to a Billing Account. Upon enrolling in the RPP, the enrollee's Bill Payments will be made on an ongoing basis by drafting a Payment Account beginning on the due date of the second Bill Payment that comes due after enrollment and continuing until such time as enrollment in the RPP is terminated. Enrollment will not permit a Customer's then current invoice to be paid by the RPP; but payment of the invoice or scheduled payment after the date of enrollment will be made through the RPP. Customer can examine his or her invoices or payment plan agreements to determine if they are to be paid by automatic bank draft. IT CAN TAKE UP TO SIXTY DAYS FOR YOUR RPP TO BECOME EFFECTIVE.  YOU SHOULD ALWAYS CONSULT YOUR INVOICES TO DETERMINE IF RECURRING PAYMENTS ARE ACTIVE FOR THE NEXT PAYMENT. 

 

Once a Customer is enrolled in the RPP, if that Customer's Bill Payment cannot be completed due to insufficient funds in the Payment Account or for any other reason on two occasions within a twelve-month period, the Customer may be dis-enrolled from the Program and no electronic payments or checks will be accepted from that Customer during the ensuing twelve-month period.  All amounts due under the Agreement between Customer and Lime will remain due.  Customer must continue making all payments for all amounts due under the Agreements by the dates agreed in those Agreements.

 

Customer may delete their Payment Account designation on the Lime Website by going to the “Contact Us” link and requesting the deletion of the existing Payment Account information. Deletion of Payment Account information from the Portal alone, without specifically requesting the termination of recurring payments, will not constitute dis-enrollment from the RPP.  Customer may also contact Lime Customer Service directly by telephone at 1-833-PAY-LIME or 1-833-729-5463 during normal customer service hours (Business Days between the hours of 9:00 a.m. ET and 5:00 p.m. ET) to dis-enroll from the RPP. In the event a Customer becomes dis-enrolled for any reason from the RPP, it is the sole responsibility of the Customer to make all required payments due to Lime on a timely basis. Lime shall have no responsibility for stopping a Bill Payment by automatic bank draft or for the mailing or other presentment of a paper invoice, when such Bill Payment is already in the process of being made through a previously authorized automatic payment at the time a User requests that the Bill Payment be stopped or becomes dis-enrolled from the RPP.