SunPass® Customer Agreement

March 2007

Section 1. Intent of the SunPass® System.

Section 2. SunPass® License.

Section 3. Privacy Policy:

• 3.1 FDOT respects the privacy of all account holders. FDOT does not sell or share its customer list with outside marketers. In addition, Prepaid Account information is exempt from disclosure under Florida’s public records law, pursuant to Section 338.155(6), Florida Statutes, and can be obtained by persons outside of FDOT or authorized law enforcement agencies only by a lawfully issued subpoena or court order.
  
• 3.2 User acknowledges and agrees that FDOT may use the Transponder, or may authorize any other governmental agencies to use the Transponder to collect anonymous traffic, travel, or other statistical information. FDOT will not permit the use of, or assist any entity to use this data in a way that associates User’s personal identifying information with the anonymous information obtained.

Section 4. SunPass® Plus Services.

Section 5. Choosing the right SunPass® Customer Account Type.

• 5.1 Personal Accounts: Primarily for personal, non-commercial Users with privately owned, leased or rented vehicles and/or trailers. While multiple Transponders may be linked to personal accounts, the number is typically less than 10. The minimum opening balance for a Personal Account is $25.00 per Transponder. When adding additional Transponders to an existing Prepaid Account, additional prepaid funds may also be required.
  
• 5.2 Commercial Accounts: Primarily for companies or businesses with corporate owned, leased or rented vehicles and/or trailers. A current Federal Employer Identification Number (FEIN) must be provided to open an account of this type. FEIN information must be kept current and may be requested by a SunPass® representative at any time. The minimum opening balance for a Commercial Account is dependant on the User’s estimated monthly usage, but must be a minimum of $50.00. User shall be notified of any changes to the required replenishment amount on their monthly Account Summary Statement. For Commercial accounts to qualify for tax exempt status, User must provide a valid tax exemption certificate at the time of account activation.
  
• 5.3 Rental Car Toll Collection Service Accounts: Primarily for national rental car companies operating in Florida, or service providers who act as an intermediary between FDOT and national rental car companies with operations in Florida, for the purpose of making high-speed "SunPass Only" lanes available to customers of national rental car companies via the use of the video-based Toll-by-Plate™ system or the transponder-based SunPass® system. The rental car company or service provider must enter into a separate Marketing and Operations Agreement for Rental Car Toll Collection Services and abide by the terms thereof. Rental car customers of national rental car companies are given a choice to: (1) pay cash at toll booths when using toll roads, (2) pay the cash rate of tolls plus a minimal daily fee, or (3) pay a flat daily fee for unlimited tolls. The rental car company or service provider will establish and maintain one or more Prepaid Accounts for use in providing services to client companies and/or their customers, and will be subject to automatic replenishment via a commercial credit card or other method approved by FDOT. This service provides customer service to both the rental car companies and toll agency customers, reduces paperwork between rental car companies and their customers, and eliminates toll violations.

Section 6. SunPass® and Transponder Usage.

• 6.1 Unless otherwise directed by FDOT, User agrees to properly mount the Transponder, as explained in the SunPass® User Manual, during all toll road travel and/or other available services. Holding a Transponder in the User’s hand or leaving it on the dashboard or in another non-mounted position in the vehicle is strictly prohibited. Not properly mounting the Transponder may result in the User’s Transponder being denied for electronic payment, resulting in unpaid tolls. Unpaid tolls may result in the issuance of a Uniform Traffic Citation.
  
• 6.2 User agrees to comply with all applicable traffic laws of the State of Florida and the rules and regulations of FDOT while using toll roads.
  
• 6.3 Under no circumstances should a User drive through a designated SunPass® toll lane or SunPass® enabled lane at a speed greater than posted by FDOT or other applicable governmental authorities.
  
• 6.4 When using a toll lane that is not SunPass® only (i.e. an exact change or change lane that also displays the SunPass® logo), even with a working and funded Transponder, the User must bring the vehicle to a complete stop before proceeding through the toll lane.
  
• 6.5 User accepts that sharing a Transponder for electronic payment at the same time in the same location is prohibited. When using the Florida’s Turnpike Ticket System at a point of exit, and no point of entry was registered on the Transponder, User accepts that FDOT will assume the entry point based on the User’s travel pattern(s) and calculate the toll charge accordingly, up to and including the maximum toll amount for the Ticket System.
  
• 6.6 Under no circumstance should a Transponder be used in a vehicle that has not been registered as an authorized vehicle for the User’s Prepaid Account.
  
• 6.7 Failure to pay a toll is a violation fo Section 316.1001, Florida Statutes, which may result in the issuance of a Uniform Traffic Citation. FDOT takes a photograph of the vehicles that do not pay the required toll. If User’s Transponder does not have sufficient balance to pay the toll, User must use the cash lanes until the account is replenished. When paying cash, User shall place the Transponder in the Radio Frequency (“RF”) shield bag which was provided at the time of purchase or remove the battery or Transponder from the vehicle. User shall forfeit the Transponder at the request of law enforcement or FDOT because of toll violation(s) relating to the misuse or termination of a Prepaid Account or in connection with a violation of local, state or federal law. Transponders that have been forfeited under this section may be returned to User when the Prepaid Account has been returned to good standing.

Section 7. Vehicle Information.

Section 8. Prepaid Account.

• 8.1 User authorizes FDOT to deduct the following charges from the User’s Prepaid Account:
  • 8.1.1 User accepts that all charges paid electronically using their Transponder(s) will be deducted from the User’s Prepaid Account. Where charges are paid using traditional payment methods and User’s Transponder is also in the vehicle resulting in the same charges being paid electronically, the User must produce valid receipt(s) for any payments for tolls made in order to have the electronically paid charges reversed. The receipt(s) must be received by FDOT within 90 days of the transaction.
  • 8.1.2 Bank Draft Refusal Charge: A deduction of $15.00 will be made from User’s Prepaid Account if any authorized draft is not paid on demand by User’s authorized bank.
    
  • 8.1.3 Returned Check Charge: A deduction of $15.00 will be made from User’s Prepaid Account if any check is not paid on demand by the bank upon which the check is written.
    
  • 8.1.4 Monthly Personal Account Statement Charge: A deduction will be made from User’s Prepaid Account for each monthly summary or detailed statement of User’s Prepaid Account delivered by mail. Statement prices are listed at www.sunpass.com. Statements obtained from the website are free of charge.
    
  • 8.1.5 Monthly Detailed Commercial Account Statement Charge: A deduction will be made from User’s Prepaid Account for each detailed monthly statement requested by User of a Commercial Account delivered by mail. Statement prices are listed at www.sunpass.com. Statements obtained from the website are free of charge.
    
  • 8.1.6 In cases where the Transponder is not read and an image of the vehicle’s license plate is recorded, and the plate is listed on the User’s Prepaid Account, any unpaid charges may still be paid electronically using the vehicle’s license plate number, hereinafter called an “Image Toll” or “I-Toll”. If in any given month the User’s Prepaid Account records more than ten (10) I-Toll transactions per license plate, a service charge may be assessed. User accepts that vehicle license plate recording may not be available at all locations where SunPass® is accepted for electronic payment. Where vehicle license plate recording is not available, Image Tolls will not be processed. The I-toll process does not prevent law enforcement officers from issuing citations for observed toll violations.
    
  • 8.1.7 Full account information and services will be provided to Users with registered Prepaid Accounts only. An account is considered registered when the User has provided full contact information, including but not limited to: Name, Address, Telephone number, Vehicle License Plate(s) and Driver’s License Number.
    
  • 8.1.8 FDOT makes every effort to ensure charges are accurately recorded, User accepts that miscalculations in account balances may occur. In such cases, FDOT maintains the right to make adjustments, without notice, where evidence can be provided that the adjustment is appropriate. Such adjustments will be presented in detail or summary on the User’s Account Detailed Activity Statement or Account Summary Statement respectively.
• 8.2 User accepts and agrees that no interest shall ever be paid nor due to User on Prepaid Account balances at any time.
  
• 8.3 FDOT reserves the right to limit the availability of historical Prepaid Account Activity. The period of availability, either on-line or upon request from FDOT, shall not exceed 24 months.

Section 9. Replenishment of Prepaid Account.

• 9.1 User accepts responsibility for replenishing the Prepaid Account in a manner that ensures a sufficient balance is maintained in the account at all times. Use of SunPass® lanes, designated or enabled, without a sufficient balance in the Prepaid Account to pay the charge will result in termination of User’s Prepaid Account in accordance with section 10 of this agreement.
  
• 9.2 (Easy Pay): User may elect or may be required to enroll in SunPass® Easy Pay, which is a feature that links a credit or debit card in good standing to their Prepaid Account. This feature will automatically replenish the User’s Prepaid Account balance by a pre-set amount whenever the balance in the account drops to a pre-set low-balance threshold. A credit card is considered in good standing if it belongs to an active, non-expired account having sufficient credit available. Failure to maintain the credit or debit card linked to SunPass® Easy Pay in good standing may result in the termination of User’s Prepaid Account and an interruption in electronic payment using the User’s Transponder(s). The minimum replenishment threshold and replenishment amount is determined during SunPass® Easy Pay enrollment based on expected usage. For Personal Accounts, a minimum of $10.00 is required. FDOT may periodically analyze account activity and adjust the replenishment amount based on historical usage. Commercial account Users will be notified by email or U.S. Mail of any proposed changes to the replenishment amount recorded for SunPass® Easy Pay. Unless User terminates Prepaid Account or withdraws from the SunPass® Easy Pay feature within 10 days following the date of notice of proposed change to the replenishment amount, User will be deemed to have accepted and authorized the proposed change.
  
• 9.3 SunPass® Plus: The SunPass® Plus designation allows the User to use their Transponder(s) for electronic payment of charges at SunPass® Plus facilities displaying the SunPass® Plus logo and requires enrollment in SunPass® Easy Pay. Users who have opted to enroll in SunPass® Easy Pay will automatically be enrolled in SunPass® Plus unless specifying otherwise. User may specify their desire to be excluded from SunPass® Plus and the services this designation provides by accessing their account online at www.sunpass.com or by calling the SunPass® Customer Service Center (1-888-TOLL-FLA). When enrolled in SunPass® Plus, User accepts that any charge due at a SunPass® Plus facility exceeding the User’s current Prepaid Account balance will be charged directly to the credit or debit card linked to SunPass® Easy Pay. (Refer to Section 4 for more details regarding SunPass® Plus services)
  
• 9.4 Replenishment payments may be mailed to the SunPass® Customer Service Center or made in person at participating Wachovia Bank locations. Such payments must be received at least 3 business days before the balance in the User’s Prepaid Account becomes inadequate to cover charges paid electronically by the User’s Transponder. Such payments must also be accompanied by a SunPass® Deposit Ticket from a SunPass® Payment Booklet. SunPass® Payment Booklets can be ordered online at www.sunpass.com by accessing the User’s Account shopping cart.

Section 10. Voluntary or Involuntary termination of User’s Transponder(s).

• Cease using the Transponder(s) for electronic payment;
• Remove Transponder(s) from any vehicle that may travel on SunPass® enabled lanes or other venues that accept Transponders for electronic payment; and
• Discontinue traveling on designated SunPass® Lanes.

• 10.1 Voluntary or Involuntary closure of User’s Prepaid Account: If User’s Prepaid Account is closed, either voluntarily or involuntarily, all Transponders listed on the User’s Prepaid Account will be terminated. User agrees to comply with the terms for voluntary or involuntary termination of User’s Transponder(s) detailed in Section 10 of this agreement. FDOT may prohibit User to open subsequent account(s) if any previous account has been closed involuntarily. Any remaining balance of the User’s Prepaid Account shall be refunded in accordance with Section 15 of this Agreement. If the User's Prepaid Account has been dormant for five years, the account will automatically be closed and the terms for account closure will be applied.
  
• 10.2 Termination of Prepaid Account: FDOT may terminate User’s Prepaid Account at any time for any reason. Where a Prepaid Account has been terminated, all Transponders listed on the Account will be terminated. User agrees to comply with the terms for voluntary or involuntary termination of User’s Transponder(s) detailed in Section 10 of this Agreement. In lieu of account termination, FDOT may allow User to retain the account, provided any outstanding balance is paid in full, and User enrolls in SunPass® Easy Pay for the remainder of the Agreement as described in Section 9 of this Agreement.
  
• 10.3 Transferring a Transponder to Another Party. User may transfer a transponder to another party by following the instructions on the SunPass website, www.sunpass.com, under the heading "How SunPass Works."

Section 11. Lost or Stolen Transponder.

Section 12. Damaged Transponder.

Section 13. Malfunctioning or Defective Transponder.

Section 14. Transponder Battery Replacement.

Section 15. Withdrawal of Prepaid Account Balance at Account Closure:

Section 16. Dispute of Charges:

Section 17. Miscellaneous:

• 17.1 User releases FDOT, its officers, employees, or agents (collectively “FDOT”), from all loss, damage, or injury whatsoever from the use or performance of SunPass® and the Transponder. FDOT shall not have any obligation or liability to the User with respect to the use or the performance of SunPass® or the Transponder. The only relief available to the User shall be replacement by FDOT of any defective or malfunctioning Transponder in accordance with Section 13 of this Agreement. User agrees to indemnify, protect, and hold harmless FDOT from liability for all loss, damage, or injury to persons or property arising from SunPass® and/or the Transponder.
  
• 17.2 It is expressly understood and agreed that FDOT, with verbal or written authorization from User, may make charges against User’s credit or debit card. User expressly understands and accepts FDOT shall not be liable to User for any financial costs resulting from these actions.
  Additionally, FDOT shall not be liable for:
  
  • 17.2.1 Any incidental, indirect, special or consequential damages, including, but not limited to, loss of use, revenues, profits, or savings, even if FDOT knew or should have known of the possibility of such damages, or;
    
  • 17.2.2 Claims, demands, or actions against User by any person, corporation, or other legal entity resulting from the use of the Transponder(s), credit report inquiry, check authorization, and/or charging against User’s credit card.
• 17.3 User accepts responsibility of all costs, including, but not limited to, collection fees, attorney’s fees, and court costs incurred by FDOT in the enforcement of the terms and conditions of this Agreement.
  
• 17.4 If for any reason User’s Prepaid Account balance is insufficient for tolls or any other charges due or owing to FDOT, User shall remain liable to FDOT for such insufficiencies and all applicable charges.
  
• 17.5 Unpaid balances due to FDOT may be turned over to a collection agency for enforcement and collection activities.
  
• 17.6 Should User be the subject of any Bankruptcy proceeding under the Bankruptcy Act or become insolvent, FDOT shall have the right to terminate User’s Prepaid Account and services provided. User shall remain and be liable for the payment of all unpaid charges hereunder exclusive of any other remedy provided herein or by law.
  
• 17.7 This Agreement shall be binding upon and inure to the benefit of User and User’s successors and FDOT and its successors and assigns. User shall not be permitted to assign the obligations or benefits of this Agreement without the consent of FDOT.
  
• 17.8 User accepts that User’s retaining, using, or permitting others to use the Transponder shall thereby constitute acknowledgment of and acceptance of the terms and conditions of this Agreement.
  
• 17.9 User accepts that when allowing others to retain or use User’s Transponder, User accepts responsibility to pay the tolls and applicable charges of such permitted use and the obligations of this Agreement shall fully bind and be applicable to User as if User had incurred the tolls and charges.
  
• 17.10 The invalidity of any portion of this Agreement shall not affect any other portion of this Agreement, which shall remain in full force and effect.
  
• 17.11 User shall inform FDOT of any changes to the information contained in the SunPass® Account records, including credit card number and expiration date, bank draft information, payment method, name or address changes, Transponder ownership changes, and vehicular information changes (make/model, license plate information) for all vehicles in which the Transponder is used.
  
• 17.12 FDOT reserves the right to reject any SunPass® application.
  
• 17.13 FDOT reserves the right to offset amounts owed to FDOT for usage of SunPass®/Transponder from funds in User’s Prepaid Account.
  
• 17.14 User accepts that by providing User’s e-mail address, information may be received from FDOT via e-mail only. User’s e-mail address will not be sold to outside parties.
  
• 17.15 Questions regarding User’s Prepaid Account or transactions charged to User’s Prepaid Account should be directed to the SunPass® Customer Service Center at the address and telephone number listed below.
  
• 17.16 This Agreement shall be construed, interpreted and enforced in accordance with the laws of the State of Florida, with the exception of Florida’s choice of law provisions. Any civil action or legal proceeding arising out of or relating to this Agreement shall be brought in the courts of record of the State of Florida in Orange County or the United States District Court in Orlando, Florida.