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Customer Agreement

SunPass® Customer Agreement - July 2013


Visit www.SunPass.com for additional information and a detailed SunPass User Manual. If you would like to receive a hard copy of the SunPass User Manual, call 1-888-TOLL-FLA (888-865-5352).

Customers should visit the SunPass website periodically to view any updates that have been made to the SunPass Customer Agreement.

This SunPass® Customer Agreement (hereafter referred to as “Agreement“) is entered into between you (hereafter referred to as “User”) and the Florida Department of Transportation (hereafter referred to as “FDOT”), regarding the use of the SunPass® Prepaid Toll Program (hereafter referred to as “SunPass®”), the SunPass® Portable transponder (hereafter specifically referred to as “SunPass® Portable Transponder”), SunPass® External transponder (hereafter specifically referred to as “SunPass® External Transponder”), and the SunPass® Mini transponder (hereafter specifically referred to as “SunPass® Mini Transponder”) on toll roads, bridges, parking and other facilities within the State of Florida and within other states for which the toll operators have entered into agreement with FDOT for electronic toll collection interoperability and thereby accept SunPass® Transponders for electronic payment (such other states hereafter referred to as “Interoperable States”). This agreement governs User’s SunPass® account (hereafter referred to as “Prepaid Account”).

Use of the Transponder by User shall be acknowledgment and acceptance by User of the terms and conditions of this Agreement. FDOT may alter, amend, or otherwise change the terms and conditions of this Agreement at any time. Alterations, amendments or other changes will be posted in the Customer Agreement section online at www.sunpass.com, and shall be effective upon the date of posting. User is responsible for keeping current: User’s address, contact information, vehicle and license plate information, and any and all SunPass® Prepaid Account information. For your convenience, updates may be made by logging onto User’s account at www.sunpass.com or by contacting the SunPass® Customer Service Center at1-888-TOLL-FLA.

If User does not accept the terms and conditions of this Agreement, or any future alterations, amendments or other changes to the terms and conditions of the Agreement by FDOT, User shall discontinue use of all Transponders and shall notify the SunPass® Customer Service Center. The terms for voluntary or involuntary closure of a User’s Prepaid Account will be applied in accordance with Section 10 of this agreement.


Section 1. Intent of the SunPass® System.

1.1 The intent of SunPass® is to provide a safe transportation system, reduce traffic congestion and air pollution by providing efficient and convenient electronic payment. Users may pay tolls and/or other services electronically by using a Transponder at any Florida or Interoperable State location where SunPass® is accepted for payment. One or more Transponders may be activated by establishing a Prepaid Account. The Prepaid Account balance must be kept in good standing to avoid interruptions in electronic payment. Use of the SunPass® electronic payment system is a privilege and not a right.

1.2
User must notify SunPass® of any change in vehicle and/or vehicle registration and/or license plate prior to using Florida or Interoperable State toll facility. Failure to update this information may result in a toll violation resulting in the User and/or the owner of the vehicle used on the toll facility being held responsible and liable for any Uniform Traffic Citation issued pursuant to §316.1001, Florida Statutes for violations occurring in the State of Florida and traffic citations issued by other states for violations occurring Interoperable States as a result of User’s failure to update this information.

1.3
In addition, User shall notify the State of Florida, Department of Highway Safety & Motor Vehicles (DHSMV):
  1. Driver License Office within ten (10) days of any change to name and/or any change of mailing address pursuant to §322.19, Florida Statutes (2007).
  2. Motor Vehicle (Tag) Office within twenty (20) days of any change of mailing address pursuant to §320.02(4), Florida Statutes.

1.4 User and/or the registered owner of the vehicle used on the toll facility is responsible and liable for any unpaid toll or traffic citation issued as a result of User’s Transponder not being read by the receiving equipment in any toll facility. User shall not use this Agreement as a defense to a toll violation if the Transponder is not read by the receiving equipment unless the supplemental lane transactions show a problem with the receiver in the lane at the time of the alleged violation. Defective Transponders, malfunctioning Transponders, weak or dead batteries (if so equipped) and not properly mounting the Transponder do not relieve the User and/or the owner of the motor vehicle involved in an unpaid toll from liability under §316.1001, Florida Statutes or the applicable laws of an Interoperable State.

1.5
User is responsible for pre-paying all tolls. User must immediately pay cash for tolls and stop using Transponder when the balance on the account is insufficient to pay any toll. (Refer to Sections 6.7 and 6.7.1 for more details.) Whether or not User actually knew the balance on the account was insufficient shall not be a defense to a toll violation and User and/or the owner of the vehicle used on the toll facility is responsible and liable for any Uniform Traffic Citation issued pursuant to §316.1001, Florida Statutes or the applicable laws of an Interoperable State.

1.6
User’s failure to inform SunPass of the current registration and/or license plate number on the vehicle prior to using any toll facility will result in a breach of this Agreement and may result in the issuance of a UTC under §316.1001, Florida Statutes, or the applicable laws of an Interoperable State, in addition to the remedies under contract law and this Agreement.

Section 2. SunPass® License.

The User shall be responsible for each Transponder issued to User under this and/or subsequent Agreements and all amendments to such Agreements. The Transponder(s) may be used at designated SunPass® Lanes; SunPass® enabled lanes or any other venues that accept SunPass® as payment for services inside or outside the State of Florida. Whether paying electronically using a Transponder or by a manual payment method, User remains responsible for any toll payments, toll violations, or payments for any other services. Failure to collect payment electronically, even though User has a Transponder, shall not release User of payment responsibility.

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, Personal identifying information generally 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 subpoena or court order, except FDOT may share certain Prepaid Account information with operators of other toll facilities for toll payment, collection and notice purposes without obtaining a subpoena or court order. User acknowledges and agrees that Interoperable States will observe their respective state laws regarding the disclosure of records and other information related to transactions that use a SunPass® Transponder on toll facilities of the Interoperable States, including Prepaid Account information provided by FDOT to the Interoperable States for the purpose of toll payment, collection, or notice.

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.

Section 4. SunPass® Plus Services.

FDOT may extend available services provided to its Users by entering into reciprocal agreements with other agencies and private entities. User must be designated as SunPass® Plus in order to use these extended services. By using their Transponder(s) for electronic payment at any SunPass® Plus facility, User accepts responsibility for all charges paid. User agrees to pay any costs incurred by FDOT, including collection costs, court costs and attorney’s fees required to enforce the terms and conditions of this Agreement and the collection of monies in connection with the use of Transponder(s) contained in User’s Prepaid Account. (Refer to Section 9.3 for more details regarding SunPass® Plus services.)

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

SunPass® provides both Personal, Commercial and Rental Car Toll Collection Service Accounts.
5.1 Personal Prepaid 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 Prepaid Account is $10.00. When adding additional Transponders to an existing Prepaid Account, additional prepaid funds may also be required.

5.2
Commercial Prepaid Accounts: Primarily for companies or businesses with corporate owned, leased or rented vehicles and/or trailers. A current Federal Employer Identification Number (FEIN) is required 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 Prepaid Account is dependent 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 Prepaid 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 or service providers who act as an intermediary between FDOT and national rental car companies, for the purpose of making “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, if the cash payment option is available for the toll facility location to be used; (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 Transponder User Manual available online at www.sunpass.com, 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 (UTC) under §316.1001, Florida Statutes or under the applicable laws of an Interoperable State.

6.2 User agrees to comply with all applicable traffic laws while using toll roads and bridges.

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 may a Transponder be used in a vehicle that has not been registered as an authorized vehicle for the User’s Prepaid Account. The vehicle and its unique license plate must be associated to the User’s account information and a vehicle may not be actively listed on more than one Prepaid Account.

6.7
Failure to pay a toll is a violation which may result in the issuance of a traffic citation. FDOT takes a photograph of the vehicles that do not pay the required toll. If User’s Prepaid Account does not have sufficient balance to pay the toll, User must use cash lanes, if cash lanes are available, or avoid using toll facilities until the account is replenished and in the Active status. When paying cash, User shall place the SunPass Portable Transponder in the Radio Frequency (“RF”) shield bag, remove the battery (if so equipped) or remove the SunPass Portable Transponder from the vehicle. The RF shield bag is available, free of charge, by calling 1-888-TOLL-FLA (865-5352) or ordering online at www.sunpass.com. User shall turn over 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. SunPass Portable Transponders that have been forfeited under this section may be returned to User when the Prepaid Account has been returned to good standing.
     6.7.1 Users paying cash while a SunPass Mini Transponder or SunPass Portable Transponder is installed on the vehicle windshield may be double charged/double billed. SunPass will not credit your account for duplicate activity when paying with cash unless valid cash receipts are provided to SunPass within 90 days of the original transaction. The amount of the credit will be at the SunPass toll rate. Cash receipts are not available at all locations or times of day. No credit or refund will be due if one or more tolls are paid by cash at a location or at a time of day for which cash receipts are not available.

6.8
User shall not, under any circumstances, authorize another person to use his or her Transponder, unless User has previously added to his or her Prepaid Account the vehicle and license plate information for each vehicle authorized by User to use the Transponder. User is responsible for any and all transactions incurred by User’s Transponder in the event someone other than User uses a toll facility with User’s Transponder.

6.9
User agrees that User shall not, and shall not attempt to, reverse engineer or otherwise attempt to alter or tamper with the mechanical or electrical operation of the Transponder, or otherwise attempt to use the Transponder or other equipment in order to avoid payment of tolls or fees.

Section 7. Vehicle and Non-Semi Trailer Information (e.g. Boat, Camper, Utility, etc.).

7.1 All vehicles in which the User intends to use a Transponder must be listed within the account, but a vehicle license plate may only be actively subscribed to one account at a time. The year, make, model and color of the vehicle as well as the license plate number and issuing state must be provided and updated as changes occur. For convenience, vehicle information may be updated on www.sunpass.com. User accepts there may be occurrences when a Transponder is not identified even though it is present in the vehicle. In cases where a Transponder is not identified but the vehicle license plate is recorded, FDOT reserves the right to add the vehicle license plate and issuing state to the User’s account. FDOT will not exercise this right unless a confident match can be made between the registered owner of vehicle for the license plate and the customer information on the User’s account. If adding a license plate for a rental vehicle, User must specify the period of time the rental vehicle’s license plate shall be subscribed to the account. Failing to specify the correct subscription period may result in activity being recorded and appropriate tolls will be charged against User’s Prepaid Account after the rental vehicle has been returned. It is the User’s responsibility to remove the Transponder (SunPass Portable Transponder or SunPass Mini Transponder) from the rental vehicle and to contact SunPass when the rental vehicle is returned. SunPass will not make any adjustments for tolls incurred if User fails to remove the transponder from the rental vehicle or fails to remove the rental vehicle’s license plate from the User’s SunPass Prepaid Account. User should either personally retain or destroy a SunPass Mini Transponder removed from a rental vehicle, and should not simply deposit the removed Mini Transponder in a trash receptacle. User acknowledges and agrees that any continued use of the User’s Transponder after User’s return of a rental vehicle will result in additional toll charges to User’s Prepaid Account.

7.2
All Non-Semi trailers (e.g. Boat, Camper, Utility, etc.) pulled by vehicles in which the User intends to use a Transponder must be listed within the account, but a trailer license plate may only be actively subscribed to one account at a time. The license plate number and issuing state must be provided and updated as changes occur. For convenience, this information may be updated on www.sunpass.com. User accepts there may be occurrences when a Transponder is not identified even though it is present in the vehicle pulling the trailer. In cases where a Transponder is not identified but the trailer license plate is recorded, FDOT reserves the right to add the trailer license plate and issuing state to the User’s account. FDOT will not exercise this right unless a confident match can be made between the registered owner of the trailer for the license plate and the customer information on the User’s account. If adding a license plate for a rental trailer, User must specify the period of time the rental trailer’s license plate shall be subscribed to the account. Failing to specify the correct subscription period may result in activity being recorded and appropriate tolls will be charged against User’s Prepaid Account after the rental trailer has been returned. It is the User’s responsibility to contact SunPass when the rental trailer is returned. SunPass will not make any adjustments for tolls incurred if User fails to remove the rental vehicle’s license plate from the User’s SunPass Prepaid Account.

Section 8. Prepaid Account.

User is responsible for pre-payment of all tolls used prior to using toll facilities. User is responsible for maintaining a working Transponder at all times. If the Transponder is not read by the receiver in the electronic toll collection lane for any reason, including but not limited to improper mounting, problem windshields, low batteries, dead batteries or other Transponder malfunction, User will be subject to the issuance of a traffic citation. User will be liable for payment of the unpaid toll along with fines, court costs and other penalties which may include points on User’s driving record which may result in the suspension of User’s driver license or vehicle registration. User accepts responsibility to maintain a sufficient balance in User’s Prepaid Account at all times to cover applicable tolls and other charges as described below.

8.1
User authorizes FDOT to deduct the following charges from the User’s Prepaid Account:
    8.1.1 User accepts and agrees that all charges, both in Florida and Interoperable State, 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. The amount of the credit will be at the SunPass toll rate.
    8.1.2 Bank Draft Refusal Charge: A deduction will be made from User’s Prepaid Account if any authorized draft is not paid on demand by User’s authorized bank. FDOT will make every effort to collect the full amount of worthless checks which will include the face value of the check and applicable worthless check charges as specified in Section 68.065, Florida Statutes.
    8.1.3 Returned Check Charge: A deduction 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. FDOT will make every effort to collect the full amount of worthless checks which will include the face value of the check and applicable worthless check charges as specified in Section 68.065, Florida Statutes.
    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 printed directly 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 printed directly 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/non-semi trailer’s (e.g. Boat, Camper, Utility, etc.) 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/trailer’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, FDOT may charge the User the Toll-By-Plate rate if such option is available and, in the event the Toll-By-Plate rate is not available, then the cash rate will be charged on those transactions. User accepts that vehicle license plate recording may not be available at all locations or states 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 In the event the required toll is not paid and the prepaid account does not have sufficient funds to pay the toll electronically, a traffic citation may be issued.
    8.1.8 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, User Name, Password (User Name and Password applies to online registration only), PIN, Vehicle License Plate(s), and Driver’s License Number.
    8.1.9 FDOT strives 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 18 months.

8.4
User acknowledges that if the User’s Prepaid Account remains inactive for 3 years, section 338.231(3)(c), Florida Statutes, requires FDOT to transfer any funds remaining in User’s Prepaid Account to the Florida Department of Financial Services for disposition as unclaimed property, and to close User’s Prepaid Account.

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 Prepaid 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
SunPass® 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 Prepaid 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). This may result in the issuance of traffic citations. (Refer to Section 10.2 for more details regarding Termination of Prepaid Account.) 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. All Prepaid Account Users will be notified by email, U.S. Mail or monthly statement notification 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 daily 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 Wells Fargo Bank locations. Such payments must be received at least 3 business days before the balance in the User’s Prepaid Account becomes insufficient 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, available at no charge, can be ordered by contacting the SunPass® Customer Service Center at the address and/or telephone number at the bottom of this document.

9.5
Cash replenishments to Prepaid Accounts may be made at FDOT authorized merchant locations throughout Florida. For additional details and locations, please refer to www.sunpass.com.

Section 10. Voluntary or Involuntary Termination of User’s Transponder.

If User’s Transponder is terminated, either voluntarily or involuntarily, User shall immediately: Cease using the Transponder for electronic payment; Remove SunPass Portable Transponder(s) and permanently remove SunPass Mini Transponder(s) from any vehicle that may travel on SunPass® enabled lanes or other states that accept Transponders for electronic payment; and discontinue traveling on designated SunPass® Lanes and other SunPass® enabled lanes or other states that accept Transponders for electronic payment. Using a Transponder while terminated may subject the User to toll violations and issuance of traffic citations. All activity incurred during terminated status will be charged to the User’s Prepaid Account at the toll rate charged to customers paying by cash at that particular location. No credits will be issued upon reactivating a terminated Transponder(s). Users paying cash while a SunPass Mini Transponder is installed on the vehicle windshield may be double charged/double billed. SunPass will not credit your account for duplicate activity when paying with cash unless valid cash receipts are provided to SunPass within 90 days of the original transaction. The amount of the credit will be at the SunPass toll rate. Cash receipts are not available at all locations or times of day. If a User fails to remove a SunPass Mini Transponder from a vehicle following a voluntary or involuntary termination of User’s Prepaid Account, then no credit or refund will be due if one or more tolls are paid by cash at a location or at a time of day for which cash receipts are not available.

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.

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. Using Transponder while terminated may subject the User to toll violations and issuance of traffic citations. All activity incurred during a terminated status will be charged to the account at the toll rate charged to customers paying by cash at that particular location. No credits will be issued upon reactivating a terminated Transponder.

10.3
Transferring a Transponder to Another Party. User may transfer a SunPass® Portable Transponder to another party by following the instructions on the SunPass website, www.sunpass.com, under the heading “Frequently Asked Questions”. The SunPass® Mini Transponder is not transferrable and it is the User’s responsibility to remove the SunPass Mini Transponder when the User no longer has custody of the vehicle. Removal of or attempt to remove a SunPass® Mini Transponder from the vehicle windshield may render the unit useless; however, if User intends to discontinue use of a SunPass® Mini Transponder, User should take care to destroy the Transponder after its removal from the vehicle.

Section 11. Lost or Stolen Transponder.

In the event the Transponder is lost or stolen, User shall immediately change the Transponder status to Lost/Stolen on the website, www.sunpass.com, or notify the SunPass® Customer Service Center. All charges paid electronically using a lost or stolen Transponder will continue to be reflected on the User’s Prepaid Account until notification of the loss or theft is reported in accordance with Section 11. The User’s Transponder status will be modified upon receipt by FDOT of User’s notification of the loss or theft. The User will not be held responsible for future toll activity on a lost or stolen Transponder after the status is changed online or notification is received by the SunPass® Customer Service Center unless the vehicle that went through the toll facility had a license plate listed in the User’s Prepaid Account. In the event that the User does not have any other Transponder(s) or does not purchase a replacement Transponder on the Prepaid Account, the remaining balance may be refunded to the last credit or debit card used previously to make a purchase on the Prepaid Account or by check in accordance with Section 15. Authorized or unauthorized use of the Transponder in any vehicle registered to the User shall be chargeable to the User’s Prepaid Account until notification is made to FDOT in accordance with this Agreement, and the license plate is removed from the User’s Prepaid Account. If a Transponder previously reported Lost/Stolen is reactivated, any unpaid charges recorded while the Transponder was in a lost or stolen status will be charged to User’s Prepaid Account if FDOT determines the usage was the result of the User’s vehicle incurring the charges.

Section 12. Damaged Transponder.

Damaged Transponders are not covered by warranty. For purposes of this Agreement, damage is defined as the rendering of the Transponder defective or inoperable due to tampering, abuse, improper use, battery leaks, defacement, or accidental destruction. Removal of or attempt to remove a SunPass Mini Sticker Transponder from the vehicle windshield may render the unit useless.

Section 13. Malfunctioning Transponder.

13.1 In the event of failure or malfunction of SunPass® Portable Transponder, User must immediately discontinue use of the Transponder and change the status to Terminated online at www.sunpass.com or contact the SunPass® Customer Service Center. Where failure or malfunction occurs, Transponder shall be terminated and the terms for voluntary or involuntary termination of User’s Transponder(s) detailed in Section 10 of this Agreement shall apply. Malfunctioning or defective Transponders due to a manufacturing defect shall be replaced at no cost to User only when returned to the SunPass® Customer Service Center within the manufacturer’s warranty period. Damaged Transponders are not covered by warranty. Costs related to shipment of the Transponder to the SunPass® Customer Service Center are the responsibility of the User. FDOT may require delivery confirmation in the event the Transponder is not received. User is responsible for any and all unpaid tolls and/or traffic citations issued as a result of any attempt to use a malfunctioning and/or defective transponder to pay tolls.

13.2
In the event of failure or malfunction of a SunPass® Mini Transponder, User must immediately discontinue use of the Transponder and change the status to Terminated online or contact the SunPass® Customer Service Center. Where failure or malfunction occurs, Transponder shall be terminated and the terms for voluntary or involuntary termination of User’s Transponder(s) detailed in Section 10 of this Agreement shall apply. Malfunctioning or defective SunPass Mini Transponders due to a manufacturing defect shall be replaced at no cost to User only when returned to the SunPass® Customer Service Center within the manufacturer’s 45 day warranty period. Damaged SunPass® Mini Transponders are not covered by warranty and will not be replaced. User may purchase a replacement SunPass® Mini Transponder at any authorized SunPass retailer.

Section 14. Transponder Battery Replacement.

Certain Transponders have batteries that can be accessed by the User. The User is responsible for replacement batteries in accordance with the instructions provided online at www.sunpass.com.

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

In the event the Prepaid Account is closed, the remaining balance of the Prepaid Account shall be refunded after 30 days to the User once all toll payments and any appropriate charges have been deducted. (Refer to Sections 10.1 and 10.2 for more details regarding Voluntary or Involuntary Closure of User’s Prepaid Account and Termination of Prepaid Account.) Depending upon the User’s method of payment for the Prepaid Account being closed, refunds may be issued in accordance with the method of payment used to replenish the Prepaid Account. If User’s Prepaid Account has any outstanding balance owed, User shall pay the amount owed at time of closure. If User does not close a Prepaid Account online at www.sunpass.com or by calling the SunPass® Customer Service Center, and no activity is posted to the Prepaid Account for a period of three years, any remaining funds in the Prepaid Account will be subject to the provisions described in section 8.4 of this Agreement.

Section 16. Dispute of Charges.

FDOT must be notified of any disputes of charges appearing on User’s Prepaid Account within 90 days of the charge being posted. All disputes are subject to review and approval by FDOT and may require additional documentation or evidence from the User.

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’s online entry of credit or debit card information as www.sunpass.com shall constitute User’s written authorization to FDOT to make charges against User’s credit or debit card for SunPass® and SunPass® Plus charges wherever incurred. 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.
    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 the associated costs and ramifications of a conviction related to a traffic citation, 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 User’s 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
To the full extent of Florida’s severance law, 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 immediately inform FDOT of any changes to the information contained in the SunPass® Prepaid Account records, including without limitation, credit or debit 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, User may receive information from FDOT, its consultants, agents or other toll facility operators via e-mail only.

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. Other than toll citations, any civil action or legal proceeding arising out of or relating to this Agreement shall be brought exclusively in the courts of record of the State of Florida in Leon County, Florida. The forum for Florida Uniform Traffic Citations shall be in the traffic and/or county court for the county where the alleged toll violation occurred. Toll violations occurring in an Interoperable State may be subject to the local laws of the jurisdiction in which the violation occurred.

SunPass® Customer Service Center
P. O. Box 880029 • Boca Raton, FL 33488-0029 • 1-888-TOLL-FLA • (1-888-865-5352) TTY Line: 800-955-8771 Florida Relay Service

SunPass® is a registered trademark of the Florida Department of Transportation.

© 2010, Florida Department of Transportation. All rights reserved.

 

Under Florida law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by phone or in writing.
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