EFFECTIVE AS OF JUNE 1, 2018
SEE BANCPASS.COM FOR UPDATES/CURRENT VERSION OF THIS AGREEMENT
BancPass EZ Tag (Toll Sticker) Customer Agreement


THE PURCHASER OF THIS TOLL TRANSPONDER IS A CUSTOMER OF BANCPASS, INC. AND WILL ADDRESS ALL CONCERNS TO ITS OFFICES AT P.O. Box 300069 Austin, Texas 78703. THE CUSTOMER UNDERSTANDS AND AGREES THAT IT IS A CRIMINAL VIOLATION TO DRIVE THROUGH A HARRIS COUNTY TOLLING LOCATION WITHOUT PAYING THE APPLICABLE TOLL. THE HARRIS COUNTY TOLL ROAD AUTHORITY WILL ENFORCE VIOLATIONS THAT OCCUR ON ITS TOLL ROADS. YOU, AS THE PURCHASER OF THIS TOLL TRANSPONDER, ARE RESPONSIBLE FOR MAINTAINING FUNDS IN YOUR ACCOUNT WITH BANCPASS AND MAY BE SUBJECT TO BEING TICKETED OR ARRESTED FOR DRIVING ON A TOLL ROAD WITHOUT PAYING. ADDITIONALLY, YOU MAY MONITOR YOUR ACCOUNT WITH BANCPASS AND/OR ADD ADDITIONAL MONEY TO YOUR ACCOUNT AT ANY TIME BY LOGGING IN AT BANCPASS.COM (WEBSITE FOR BANCPASS) OR BY USING A MOBILE APPLICATION.


General. This Agreement is between you and BancPass, Inc. (“BancPass”) and outlines the terms and conditions under which the EZ Tag enclosed in this package has been issued to you (“Agreement”). The EZ Tag and enclosed Reload Card are distributed and serviced by BancPass. For customer service contact BancPass at: 866.978-5061.
If you will be giving the EZ Tag to another person, be sure to provide that person with this Agreement. The Reload Card that is also enclosed in this package is not for resale (“Card”). You will not receive any interest on the funds put on the BancPass Account associated with the EZ Tag. The funds on the Account are not insured by BancPass or any other party. The Card is not redeemable for cash, and you will not receive a refund (except as expressly set forth in this Agreement and otherwise as required by law). BancPass is not responsible to you for loss or damage resulting from a lost or stolen Card, EZ Tag, or use of either without your permission. The Account is reloadable. A $2 fee will apply to each reload transaction. All funds associated with the Account shall be held by BancPass in a BancPass customer Account associated only with the EZ Tag that was included with this packaging, with the balance of such funds to be reduced through your use of such funds in accordance with the terms of this Agreement. The value on your Account is limited to the pre-paid amount of the Card plus any additional funds that have been loaded using the Card. You cannot use the Card with any other EZ Tag. Using the EZ Tag and/or the Card means that you accept and agree to be bound by this Agreement. Allowing someone else to use the Card and/or EZ Tag means that you represent that the person has agreed to accept and be bound by this Agreement. In this Agreement the terms “we,” “us,” and “our” means BancPass, and “you” or “your” means anyone who has purchased or received the Card and/or the EZ Tag or is authorized to use either one.

Definitions
Account. When this Account is established it does not include automatic replenishment. BancPass cannot notify you of any issues that arise with this Account and you must pay for all tolls incurred on this Account. If you wish to monitor your toll usage and Account balance, download the BancPass phone app for Android or iOS phones. You can also check your Account balance by calling 866-978-5061. See Customer Service/Card Balance below.
EZ Tag. The electronic toll collection device (also known as a “Toll Sticker” or transponder) inside this package adheres to a vehicle’s windshield. The EZ Tag is connected to an Account that is associated with the Card and automatically deducts the proper tolls when using a Toll Facility.
Account Customer Service. Customer service for this Account is provided by BancPass. The BancPass service center can be reached at:
support@bancpass.com, 866-978-5061
The mailing address is P.O. Box 300069 Austin, Texas 78703
Card or Reload Card. The Reload Card included in the package, which is to be retained by the user, may be used to add funds to the associated Account.
State. State of Texas.
Toll Facility(ies). A transportation facility (e.g., a road, designated lane) for which motorists pay a specified toll for a vehicle to travel on, or other venue (e.g., a parking lot), that accepts the EZ Tag for electronic payment. Toll rates and calculation methods will vary by Toll Facility.

Your Account.
Using the Card. You have opened an Account that is prepaid and you must maintain sufficient funds in the Account to cover tolls and other charges incurred by using the EZ Tag. Each time the EZ Tag is accepted as a method of payment at a Toll Facility or the Account otherwise incurs a fee, civil penalty or other charges, the applicable amount will be automatically deducted from the prepaid balance in the Account. Only the EZ Tag included in this package can be assigned to the Account. This Account may be replenished manually using the Card or a replacement Card. Once you apply funds to the Card, it will automatically be transferred to your Account. This Account may also be replenished automatically using the BancPass phone app. It is your responsibility to maintain a balance in your Account sufficient to cover any tolls, fees, and charges incurred. If you do not maintain a balance sufficient to pay tolls and any other charges incurred, the owner of the vehicle will be responsible for a toll violation each time the vehicle travels on a Toll Facility. BancPass has no obligation to notify you regarding any issues arising with your Account (e.g., low balance) unless you download the BancPass phone app, sign-up your Account for monitoring, and follow all instructions.
Offset/Application of Payment/No Receipts. BancPass may deduct amounts you owe for usage of a Toll Facility or the EZ Tag from funds in your Account. These amounts include those fees in the Fee Schedule below and any fees, fines and charges that are allowed by law. Payment received from you will first be applied to outstanding amounts due by you, beginning with the oldest amounts you incurred. You will not receive any receipts for transactions. All transactions are electronic.

EZ Tag.
Installation. An EZ Tag may only be used with one vehicle and must be properly mounted to that vehicle. You may not move an EZ Tag from one vehicle to another. Your EZ Tag must be permanently installed on the inside, center of your windshield before driving on the toll road. See mounting instructions included in this package. Holding an EZ Tag in your hand or leaving it on the dashboard or in another non-mounted position in the vehicle is prohibited. Improper mounting may prevent your EZ Tag from being read on the Toll Facility, resulting in a toll violation and a traffic citation if observed by law enforcement. In order to complete activation of your Account, you must text your license plate number to 78655 and follow the instructions you receive back. Alternately you can use the BancPass phone app to register your license plate or you can call 866-978-5061 to complete activation. Failure to complete this step will result in your Account not being activated and the vehicle will be charged a violation fee. The EZ Tag cannot be reloaded using a Card that was not included in this package (unless a replacement Card is obtained).
Lost/Sold EZ Tag. If the EZ Tag is lost, you must notify BancPass Account Customer Service immediately so the EZ Tag can be deactivated. Until BancPass receives notice, you will be liable for any future use of the EZ Tag, including tolls, toll violations and Toll Facility violations. You must remove the EZ Tag from the vehicle before selling or otherwise disposing of the vehicle. If you do not remove the EZ Tag and deactivate the EZ Tag on your BancPass Account before selling or otherwise disposing of the vehicle you will be liable for any future use of the EZ Tag.
Defective. BancPass will notify you in the event that your EZ Tag is defective due to a manufacturing defect. Defective EZ Tags shall be replaced at no cost to you when returned to BancPass within 30 days of your purchase of this package. In the event of a malfunction of the EZ Tag, you must immediately discontinue use of the EZ Tag and contact BancPass. Costs related to mailing the EZ Tag to BancPass are your responsibility. You remain responsible for any and all toll violations and/or traffic citations issued as a result of any attempt to use a damaged, malfunctioning and/ or defective EZ Tag to pay tolls. You are responsible for the cost to replace an EZ Tag if the EZ Tag is damaged. Damage is defined as the rendering of the EZ Tag defective or inoperable due to tampering, abuse, improper use, defacement, or accidental destruction. For example, removal of or attempt to remove an EZ Tag from the vehicle windshield will damage the EZ Tag and render it inoperable and, therefore, you should not attempt to remove your EZ Tag unless you have been notified by BancPass that it is defective.
Video Tolls. A Video Toll (“V-Toll”) occurs when the EZ Tag is not read and an image of the vehicle’s license plate is recorded. It is your responsibility to determine whether the EZ Tag is operational and to advise BancPass if a new EZ Tag is needed. The best way to determine whether the EZ Tag is functional is to check your Account balance after each use (see Customer Service/Card Balance, below for instructions on how to check Account balance). You will be responsible for paying to BancPass an additional fee as set forth in the Fee Schedule in the event of excessive Video Tolls resulting from your use of a malfunctioning or non--operational EZ Tag.
No Tampering/Reverse Engineering. You will not, and will not attempt to, reverse engineer, alter or tamper with the EZ Tag, or otherwise attempt to use the EZ Tag or other equipment in order to avoid payment of tolls or fees.

Disputable Issues. You are responsible for all tolls, toll violations and Toll Facility violations occurring with the vehicle and/or EZ Tag associated with your Account except in the case of a stolen or sold vehicle provided you comply as set forth herein. If your vehicle was stolen, you must provide a police report showing that the vehicle was stolen prior to the time the toll was incurred. If you sell a vehicle, you must remove the EZ Tag from the vehicle before it is delivered to the buyer. Thereafter you shall not be responsible for any tolls or violations that occurred provided the sale is documented with the Texas Department of Motor Vehicles or other applicable state agency. If you wish to dispute a transaction (i.e. a toll transaction, a toll violation or a Toll Facility violation), you must do so within 90 calendar days after the transaction is posted to your Account; otherwise, all undisputed transactions shall be final 90 days after posting to your Account. When disputing a charge, you must contact the agency that generated the transaction, or toll violation.

Overspending. Each time you use your EZ Tag, you authorize us to reduce the value available in your Account by the amount of the toll and any applicable fees incurred by your use of the EZ Tag. If you incur a toll greater than the remaining Account balance, you will commit a toll violation.

Responsibility for Use of Card. You and/or the owner of the vehicle are responsible for all tolls and fees incurred by use of the EZ Tag and/or the Card, and for using your EZ Tag according to this Agreement. If you permit another person to have access to your EZ Tag, we will treat this as if you have authorized such use and you will be liable for all tolls and fees.

Customer Service/Card Balance. You are responsible for keeping track of the available Account balance. To review the Account balance, recent transactions, or obtain any other customer service at no charge, you may call 866-978-5061 anytime, twenty-four (24) hours a day, seven (7) days a week. You must have your Reload Card and license plate number available when you call. Additional funds may be added to your Card, which will automatically be put into your Account. There is a $2 charge each time you reload the Account using the Card. You will have access to the funds associated with this Card immediately after purchase.

Revocation/Cancellation. We may revoke or suspend the Account and the EZ Tag if you fail to comply with the terms of this Agreement. In such a case, BancPass will deactivate your EZ Tag and you may not use the EZ Tag to pay a toll or other charges. Using a deactivated EZ Tag may result in toll violations or Toll Facility violations and the issuance of traffic citations by law enforcement. You may cancel this Agreement in writing. Your termination of this Agreement will not affect any of our rights or your obligations arising under this Agreement prior to termination. Any remaining balance will be sent to you by check as long as you provide us with your name, EZ Tag number, and address.

Disclaimer of Warranties. Notwithstanding any provision in this Agreement to the contrary, BancPass makes no warranties of any kind, whether express, implied or otherwise regarding the EZ Tag or your use of any Toll Facility. BancPass SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES, ORAL, EXPRESS, IMPLIED OR OTHERWISE INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF NO DEFECT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

Liability. You are responsible for using the EZ Tag properly and in accordance with the terms of this Agreement and Texas law and in accordance with the terms set forth by the Toll Facility operator and for all costs associated with your Account including, but not limited to, administrative fees and civil penalties related to a toll violation or a Toll Facility violation by any vehicle using the EZ Tag, and any other expenses, fees, and costs allowed by law that are incurred by BancPass in the enforcement of this Agreement. You are responsible for paying the tolls and applicable charges incurred by others using your vehicle. You release BancPass, its directors, officers, employees, or agents from all loss, damage to real or personal property, injury, or death, whatsoever from the use or performance of the EZ Tag. The sole and exclusive relief available to you shall be the replacement of a defective or malfunctioning EZ Tag. You agree to indemnify, protect, and hold harmless BancPass, their directors, officers, employees, or agents from liability for all loss, damage to real or personal property, injury, or death to persons arising from your use of the EZ Tag. To the extent allowed by law, BancPass shall not be liable for any direct, incidental, indirect, special or consequential damages, including, but not limited to, loss of use, revenues, profits, or savings and/or claims, demands, or actions against you by any person, corporation, or other legal entity resulting from your use of the EZ Tag, the Card, and/or a Toll Facility. Failure to collect payment electronically, even though you have an EZ Tag, shall not release you of payment responsibility as otherwise required in this Agreement. In addition to any toll violation and/or Toll Facility violation that you incur, you may also be liable for any citation issued to you by law enforcement on any Toll Facility.

Changes to this Agreement. We may amend the terms of this Agreement at any time by posting the amended terms on our website, BancPass.com, and any such amendment shall be effective upon such posting.

Out of Area Toll Facilities/Interoperability. The Toll Facility operator, at its sole discretion, may refuse to accept your EZ Tag as a method of payment.

Other Terms. We respect the privacy of our customers and do not sell or share our customer list with outside marketers. You agree to comply with all applicable federal, State and local laws, rules, regulations and ordinances and that you are responsible for any fees and fines resulting from those violations. This Agreement binds the respective heirs, executors, administrators, legal representatives, successors, and assigns of each party. This Agreement shall be governed by Texas law without regard to its conflict of laws rules or any other rules directing referral to foreign law or forums. Notwithstanding the above, the rights and remedies of BancPass under this Agreement are cumulative of one another and with those otherwise provided by law or in equity. The waiver by BancPass of a breach of any provision of this Agreement shall not be deemed to be a waiver of such provision on any subsequent breach of the same or any other provision of this Agreement. Any such waiver must be in writing in order to be effective, and no such waiver shall establish a course of performance between the parties contradictory to the terms hereof. All provisions of this Agreement are severable, and the unenforceability or invalidity of any provision will not affect the validity or enforceability of the remaining provisions. The remaining provisions will be construed so as to carry out the full intention of the parties. Nothing in this Agreement shall be construed as conferring upon any person, other than the parties hereto, any rights or benefits under this Agreement. The captions in this Agreement are for convenience and will not affect the interpretation of any terms of this Agreement. This Agreement contains the entire Agreement between you and us with respect to its subject matter and supersedes all other prior and contemporaneous contracts and understandings between the parties, whether oral or written. However, if the change is made for security purposes, we can implement such change immediately, without prior notice to you and before such change may be posted to the website.

Fee Schedule.
Services with No Fee: Vehicle license plate registration, two account balance inquiries per month, user notifications via text message of low balance or zero balance that BancPass initiates.
Excessive V-Toll Processing Fee. Users that fail to mount their EZ Tag properly, or fail to return a defective EZ Tag for replacement upon notification of the defective EZ Tag will be charged an amount up to $1 per transaction. See “Video Tolls” above.
Zero or Negative Account Balance Fee. A fee of $1 will be charged if the Account has a negative balance for more than 24 hours. A fee of $5 will be charged if the Account has a negative balance for more than 30 days. Accounts that remain negative for more than 60 days will be subject to late fees of $25 per month. Notwithstanding anything in this section to the contrary, in no event will the fees assessed exceed the maximum rate allowed by law.
Fees for Optional Services. From time-to-time, users may be given the opportunity to “opt-in” to other services offered by BancPass. Some of these services may include fees. BancPass will notify you of any fees applicable to optional services before users opt-in. Fees for optional services will be charged to the Account at the time the optional service is provided.