Terms of Use and Privacy Notice

Effective August 21, 2020.

These Terms of Use (“Terms”) and Privacy Notice below apply to the following:

• The Fayetteville Public Works Commission (PWC’s) customer website;
• The Vendor portal;
• The Online Account Manager & Mobile App.

These websites, portals, and app are collectively known as the “Services”.

We provide Services to you subject to the Terms and Privacy Policy set out below in this document. Every time you use any of the Services, you accept these Terms and the Privacy Policy Conditions.

PWC reserves the right to revise the Terms or Privacy Policy at any time. If we do so, we will post the revised Terms or Privacy Policy here. For that reason, you should review the Terms and Privacy Policy each time you use one of the Services. Use of the Services confirms that you accept the Terms and Privacy Policy.

Terms of Use

Summary

Your use of all PWC Services is subject to the Terms outlined here. Services usage confirms that you have read and agree to the Terms. This use also affirms that you are not prohibited from using the Services for any reason.

The Terms of Use Are A Legal Contract With Legal Consequences.

Please read these Terms carefully. If you have questions or concerns, please consult your legal counsel. The Terms explain what you can expect from PWC as you use the Services. The Terms also lay out what PWC expects from you.

The Terms explain how PWC Services operate. They also reflect state, federal, and local laws and regulations applicable to PWC.

Understanding the Terms is important. Your use of PWC Services signifies that you have read, understood, and agreed to be bound by, these Terms.

This document also includes a Privacy Policy. The Privacy Policy is not part of the Terms. Even so, PWC asks you to read the Privacy Policy. The Policy explains how we collect, process, and protect your data.

Provider

PWC Services are provided by, and you are contracting with:

The Fayetteville Public Works Commission, an organization chartered under North Carolina law.

The Fayetteville Public Works Commission
P.O. Box 1089 Fayetteville, NC 28302
USA
Email: customer.service@faypwc.com
Phone: 910.483.1382

PWC reserves the right to update or change these Terms. It will post a new Terms of Use at this location. We therefore recommend that you review these Terms before using the Services. If you do not agree with any of these Terms, please do not use the PWC Services.

Communications

You agree that communications with us may be written, electronic, by phone, or by text. You hereby consent to receive communications from us. These communications may be by email, USPS, phone, text, or any other medium.

If you enroll in a subscription while using the Services, you understand you may receive regular PWC communications. You also agree that all notices, disclosures, agreements, and other communications we provide to you electronically meet the legal requirements that such communications be in writing.

License and Site Access.

You understand and agree that we have granted you a limited license to use the Services for your own Account. You agree not to use the Services for any other reason without written PWC permission.

User Account

You understand and agree that you must maintain the confidentiality of the private user details (username and password) of your Services Account. You are responsible for all activities using your Account.

Use of Services

You agree to use the Services and related content only for their lawful and intended use. You agree not to use the Services and related contend in a manner contrary to the Terms.

You acknowledge that your use of the Services is subject to local, state, and federal law. This includes, but is not limited to, the Computer Fraud and Abuse Act (CFAA) 1986.

You agree not to:

• Use the Services for anything but their intended purpose;
• Attempt to gain unauthorized access to any Services associated account, computer system, or network;
• Attempt to exceed unauthorized access to any Services associated account, computer system, or network;
• Use the Services to commit a criminal offense;
• Use the Services to encourage others to commit criminal offenses;
• Use the Services to infringe on the rights of other persons;
• Use the Services to disguise your identity;
• Use the Services to impersonate PWC, other persons, or entities;
• Use the Services to forge headers or otherwise manipulate identifiers (including URLs) to disguise the origin of any content or services;
• Use the Services to distribute any malware, spyware, virus, Trojan Horse, or any software that alters the functioning of any computer system;
• Use the Services to collect any information about other users;
• Use the Services to transmit any unauthorized communications, including, but not limited to, spam;
• Use the Services to alter, damage, or delete any Internet content;
• Use the Services to claim a relationship with, or misrepresent your affiliation with, any person or entity with which you are unrelated or affiliated.

Online Payment Portal.

A third party, Bill2Pay, LLC, handles all payments made through the online payment portal. Bill2Pay, LLC will access your financial account data and credit card information to process your payments. You consent to this access by making online payments. Bill2Pay, LLC may impose transaction fees for certain payment methods. More information on fees, their Terms of Service, and Privacy Policy is available through Payment Portal links.

Vendor Portal.

The Vendor Portal is a service to assist vendors or users (“You”/“you”) with certain functions. It is not a comprehensive system to handle all your PWC transactions. By using the Vendor Portal, you agree to the Terms in this document and section.

You agree to designate an Administrator to enter and maintain all data correctly. The Administrator may add other users to enable Portal access and facilitate user-PWC communication.

As noted elsewhere, you are responsible for the confidentiality and use of your password(s). Any information PWC receives through your Portal account will be attributed to you. You agree to inform PWC immediately if your password is lost, stolen, or compromised. You likewise agree to inform PWC immediately if you learn of unauthorized use of your password(s) or the Portal. And you agree to cooperate with PWC in addressing such a situation.

You also commit to take all necessary steps to secure your own and PWC data, systems, and material upon an employee reassignment or departure. Such steps include, but are not limited to, securing the employee’s credentials, calibrating their access to correspond to their duties, and other measures a prudent user would take. You also agree to comply with PWC instructions to protect Portal or Systems data.

Copyrights.

All Services data, including images, video clips, photographs, designs, and other material may be used for informational resources only. PWC retains the copyrights on all text, graphic images, and other content. You may not copy any information or images without PWC permission.

Improvements.

PWC makes the Services available to facilitate public access to our offerings. This effort entails continual improvement. PWC seeks to provide error free Services. Even so, it makes no claims about the quality of the information in, or linked to, the Services.

Links to Third-Party Websites.

The links provided to third party sites let you leave the Services. PWC does not control any internet sites, portals, or mobile apps other than the Services. It is not responsible for link contents. It does not endorse any third party. PWC provides the links only as a convenience.

This includes the payments handled by Bill2Pay, LLC.

The use of third party sites, including Bill2Pay, LLC, is controlled by those site’s Terms of Use and Privacy Policies. Please review those documents before using the sites.

PWC attempts, as a courtesy, to notify users if they leave PWC Services to navigate to third party sites. Even so, the user is solely responsible for determining whether they are on a PWC Services or third party site.

Termination of Use.

PWC may terminate your access to the Services and related accounts in its sole discretion.

PWC Email.

All PWC email addresses published or programmed into Services functionality are exclusively for official PWC use. They may not be bought, sold, leased, or used for any non-PWC communications. Any other use constitutes abuse. It may be subject to prosecution. 

Communications made through Services email and messaging system links do not constitute legal notice to PWC, officers, employees, or representatives. Direct email to PWC staff may be used to address business issues. All correspondence sent to PWC or a PWC employee may be a matter of public record. With limited exceptions, public records are subject to public inspection under North Carolina law.

Disclaimers.

THE SERVICES ARE OFFERED “AS IS”.

THE SERVICES, THE INFORMATION, DOCUMENTS, AND ALL MATERIALS CONTAINED ON THEM ARE DISTRIBUTED AND TRANSMITTED “AS IS”.

THEY ARE DISTRIBUTED WITHOUT WARRANTIES, CONDITIONS, REPRESENTATIONS, OR GUARANTIES OF ANY KIND, EITHER EXPRESSED, IMPLIED, STATUTORY OR OTHERWISE. THESE INCLUDE, BUT ARE NOT LIMITED TO, ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, TITLE, NONINFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE.

THE “AS IS” DISCLAIMERS ALSO COVERS NON-INFRINGEMENT OF SERVICES CONTENT INCLUDING ANY OF THE DESIGN, INFORMATION, TEXT, GRAPHICS, IMAGES, PAGES, INTERFACES, LINKS, SOFTWARE, OR OTHER MATERIALS

PWC (INCLUDING ITS AFFILIATES AND SUBSIDIARIES) MAKES NO WARRANTY THAT SERVICES OPERATIONS BE UNINTERRUPTED OR ERROR FREE.

TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW, PWC MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS IN THE SERVICES FOR ANY PURPOSE.

IN NO EVENT WILL PWC BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER. THESE INCLUDE, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, OR PROFITS, ARISING OUT OF, IN CONNECTION WITH, OR RELATED TO, THE USE OF SERVICES. ANY DELAY OR INABILITY TO USE THE SERVICES OR RELATED MATERIAL, WILL BE EXCLUSIVELY AT YOUR OWN RISK.

YOU ARE BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM SERVICES MATERIAL.

Age Requirements.

If you are under the age required to manage a Services Account, you must have your parent or legal guardian’s permission to use the Account. Please have your parent or legal guardian read these Terms with you.

If you are a parent or legal guardian, and you allow your child to use the Services, these Terms apply to you. You are responsible for your child’s activity on the Services.

Severability Clause.

If a court of competent jurisdiction determines that any provision of these Terms is unenforceable, the remaining portions will continue in full force and effect.

Choice of Law.

Any dispute arising out of, in relation to, or in connection with, these Terms, or the Services, shall be decided under the substantive law of the State of North Carolina, without reference to its Conflict of Laws principles.

Venue.

You agree that any litigation arising out of, in relation to, or in connection with these Terms, or the Services, must be heard in the Superior Court of North Carolina sitting in Cumberland County. The Superior Court will sit without a jury. This will be the exclusive venue for any litigation.

If this provision is preempted by state or federal law, the venue closest to Cumberland County shall be the exclusive venue for litigation.

If litigation or proceedings are impossible in Cumberland County, the venue closest to Cumberland County will be the exclusive venue for litigation.

Consent to Personal Jurisdiction.

In consideration for Services use, you agree that you have purposefully availed yourself of North Carolina law and Cumberland County, and consent to personal jurisdiction there.

No Waiver.

PWC’s failure in any one or more instances to insist on performance of any of the Terms, or its waiver of any breach of any Term, will not be construed as a subsequent waiver of any such Terms, covenants, conditions, rights, or privileges. The Term will continue and remain in effect as if no such forbearance or waiver had occurred. No waiver will be effective unless it is in writing, and signed by an authorized PWC representative.

Contact Us.

You may ask a question, request that we update your information, or submit a complaint by contacting us at:

The Fayetteville Public Works Commission
P.O. Box 1089 Fayetteville, NC 28302
USA
Email: customer.service@faypwc.com
Phone: 910.483.1382

PWC makes every effort to respond to requests. But please note that we cannot respond to every request.

 

Privacy Notice

The Privacy Notice below applies to the following:

• The Fayetteville Public Works Commission (PWC’s) customer website;
• The Vendor portal;
• The Online Account Manager & Mobile App.

These websites, portals, and app are collectively known as the “Services”.

We provide Services to you subject to the Terms above  and Privacy Policy set out below in this document. Every time you use any of the Services, you accept these Terms and the Privacy Policy Conditions.

We provide this notice to tell you (1) the types of information we may collect when you use the Services, (2) why we collect it, (3) how we use it, (4) how we protect it and (5) with whom we may share it. This notice also tells you how to contact us with any questions or concerns.

Information You Provide: All Services.

The information that we collect varies depends on the platform you use, and what you use it for.

Cookies: All Services.

A cookie is a small text piece sent to your browser by a website you visit. It helps the website to remember information like your preferred settings. That can make your next visit easier. None of the Services use cookies at this time. That could change in the future. If any of the Services use cookies, this Privacy Policy will reflect that.

The PWC Website: Information Collected.

PWC collects and uses information that you provide us through our website. Unless prohibited by law, we may share that personal information with other PWC affiliates. We may also share it with third party service providers.

Those affiliates and providers assist PWC with business operations. They handle functions such as technical support, debt collection, dispute resolution, or customer response.

PWC collects and uses personal information from you in the following ways:

• Personal Information You Submit to PWC:

The information we collect when you visit the PWC website depends on the purpose of you visit. In most instances, you choose to provide the information.

For example, if you use online customer services, submit an employment application, or submit an inquiry, PWC will ask you to provide the necessary personal information to enable us to respond to you.

Personal information is information that identifies you individually. Examples include your account number, name, address, phone number, Social Security Number, and email address. This information enables us to provide various services, such as employment applications, through the website. If you create an account, the details would include your username and password.

Other times that we use your information is to respond to a customer inquiry. Or identifying the location of a problem. We may use this information to keep you informed about PWC services.

You always have the option of not submitting this information. But if you do not provide the information, we may be unable to assist you.

• Automated Information Collected:

When you visit PWC’s website or use our services, we automatically receive certain information. Examples are your internet protocol address and browser type. We use this information to diagnose website technical problems, track traffic patterns, and improve your user experience.

The Vendor Portal: Information Collected.

PWC collects and uses the data you enter on the Vendor Portal. Note that PWC only has the data that you provide.

The purpose of the data collection is twofold. One is to set you up as an approved vendor in the Portal. Second, once set up as an approved vendor, your data can be used to facilitate PWC payments.

We may share that data with other PWC affiliates. We may also share it with third party service providers. Those affiliates and providers assist with PWC business operations.

PWC will only have access to your data if you set up an account on the Vendor Portal. When setting up your account, you will be asked to enter the business information necessary to set you up as an approved vendor.

For a new registration, this would include standard business information such as the company name, taxpayer ID, NAICS codes, W-9 forms, and bank account routing numbers. If you create an account, the details would include your username and password.

PWC uses this information to process vendor invoices, route bills to the appropriate office, and pay approved invoices. It may also use the information to generate reports to assist various departments.

You do not have to furnish this information. But you will be unable to set up a Vendor Portal account without doing so. In other cases, you may be unable to use certain functionality without filling out specific data fields.

When you use the Vendor Portal, we receive, and log certain technical information. For example, we recognize your internet protocol address and browser type. We may use this information to improve Vendor Portal functionality.

The Online Payment Website and App: Overview.

The Online Payment Website and App make it easier for you to pay PWC bills. You provide us with the information to set up an account to use the online payment website and App. This information is necessary to enable you to make online payments. It also enables PWC to communicate with you where necessary.

Details include directory information such as your name, address, phone number, fax details, and email address. It will also include financial data such as your account ID, invoice number, and bank routing information. If you create an account, the details would include your username and password.

We use this information to electronically process your payments. We may also utilize it to communicate with you about PWC business. This data may be used for PWC purposes such as verifying eligibility, and regulatory compliance.

The Online Payment Website and App: Using The Information You Provide.

As explained above, you supply the information that we collect. Note that you may choose not to provide us with all the information we request. That said, such a choice may prevent you from using the Service feature you wanted. For example you may be unable to make an online payment. In other instances, it may prevent you from using Service features

The collected information is used for three main purposes.

First, we use it for business purposes. These functions involve setting you up in PWC systems. It can be used to create an account, generate and handle invoices, verify eligibility, discuss payments, offer benefits, and respond to regulatory audits. The data is also used to allow you to review your own personal information.

A third party, Bill2Pay, LLC, handles all payments made through the online payment portal. Bill2Pay, LLC will access your financial account data and credit card information to process your payments. You consent to this access by making online payments. may impose transaction fees for certain payment methods. More information on Bill2Pay, LLC data processing procedures is available at their Privacy Policy.

We may also use your data to communicate with you about your services with PWC.

Second, we may use the information for technical purposes. For example, we may provide you with customized content. This could reflect your site usage, preferences, and other information you entered.

We may also use the data to analyze and improve our online offerings. These include website features, design, and communication with PWC vendors and customers.

Similarly, we may use the collected data to protect against fraud, financial losses, and unauthorized transactions. We may also use it to handle claims, other liabilities, and manage risk. For example, we use it to identify unauthorized users or security issues.

Finally, we use the information for other permitted legal purposes. For example, we use it to comply with applicable laws, regulatory requirements, industry standards, and our internal policies. Similarly we use the information to assess incoming employees and assist in other personnel management functions.

Note that we may combine the information we collect about you with data from other sources, such as government agencies that assist some of our customers.  

Legal Requirements: Services.

PWC may be legally required to provide personally identifiable information to the governmental authorities. We cooperate with law enforcement agencies. We also comply with subpoenas or other legal process.

We reserve the right to disclose any pertinent information to law enforcement agencies that we believe to be evidence of unlawful activities. This includes times when sharing is necessary to an investigation into illegal activity, or prevent physical harm, or financial loss. Information will also be shared in a bankruptcy, merger, acquisition, or if we transfer control of all or a portion of our operations or assets.

Data Retention: Services.

PWC is subject to North Carolina record-keeping laws. We have adopted records retention policies to comply with these. We also store certain data for administrative, technical, and regulatory reasons.

We may offer you certain choices about the data retention. PWC will take reasonable steps to honor your choices in its discretion. You should know that it is not always possible to accommodate all requests. In particular, PWC cannot always delete all of your information for technical or legal reasons.

Special Customers: Services.

Our data processing policies comply with North Carolina and federal laws. We understand that certain jurisdictions impose additional requirements. If you are a California resident, a European Union resident, or the resident of a jurisdiction with special privacy restrictions, please contact PWC to discuss our data processing practices.

Information Security: Services.

The nature of our business requires us to collect and maintain certain information. It must be understood the Internet is not a secure medium. No program can guarantee complete data breach protection. Even so, we understand the need to protect your information.

To this end, we maintain appropriate administrative, physical, and technical safeguards. These are designed to safeguard your information from accidental, unlawful, or unauthorized loss, alteration, access, disclosure, or use. Your account is protected by your log-in credentials. Please keep these secure and confidential.

PWC strives to use appropriate or industry-standard practices to protect your information. It uses a secure server to conduct online transactions.

Your payment information is protected by 128-bit encryption technology. Please use a current browser able to support 128-bit encryption.

We communicate our privacy and security guidelines to PWC employees who access your information for business reasons. We enforce these requirements within the company.

In addition we undertake several security measures to protect your data. These include, but are not limited to:

• Limiting administrator credentials;
• Limit privileges for regular users;
• Encrypting communications;
• Maintaining audit trails;
• Limiting third party access through contractual and procedural controls;
• Limiting third party access through technical controls;
• Retaining outside contractors to undertake penetration testing;
• Using proxy servers;
• Using firewalls.

As noted above, PWC undertakes good-faith efforts to protect your data. Even so, no security program can guarantee the absolute safety of your data in all circumstances.

International Data Transfer: Services.

Information described in this policy will be maintained and processed in the United States. The United States may not have the same data protection laws as other countries. No matter where we process data, our processing is subject to the processes and procedures described by this Policy.

Links: Services.

We may provide links to other websites for your convenience and information. These sites are not owned, controlled, or operated by PWC. For that reason, we cannot control how information collected by these linked sites will be used, shared, or secured.

If you visit linked sites, please review the privacy notices or policies posted at those sites.

PWC tries to notify users when they are navigating to third-party sites. Even so, it is the user’s responsibility to verify their location,  

Revisions and Updates to Privacy Policy: Services.

From time to time, we may revise or update this Policy. The revisions reflect changes in practices, technology, or legal requirements. We will always change the effective date on the Policy to reflect when it was last revised.

Please check the Privacy Policy before using the Services.

“Do Not Track”: Services.

Your browser settings may allow you to automatically transmit a “do not track” signal to websites and online services you visit. At this time there is no generally prevalent standard on handling “do not track” settings. Like many other websites, our Services are not configured to respond to “do not track” signals.

Warranties and Liabilities: Services.

PWC cannot ensure or warrant the full security of any information mentioned in this Privacy Policy.

PWC will comply with applicable data breach notification laws and disclose a data breach to affected parties. The compliance will adhere with the timing requirements of the data breach notification laws. The disclosure may be delayed at the request of law enforcement. Law enforcement investigators sometimes request a delay in disclosure if they believe immediate disclosure would impede the investigation.

PWC incorporates all limitations of liability and limited warranties contained within the Terms of Service by reference. The limitations of liability and limited warranties apply equally to this Privacy Policy. No provision of the Privacy Policy amends or can amend these limitations.  

Compliance with the Children’s Online Privacy Protection Act: Services.

No person under the age of thirteen (13) years old may use our Services without verifiable parental consent consistent with the requirements of the Children’s Online Privacy Protection Act of 1998 (“COPPA”).

Usage of any of the services reflects agreement with the provisions of this Privacy Policy and the Terms of Service.

You are explicitly representing that you are at least thirteen (13) years old or older. You are also representing that if you are not at least thirteen (13) years or older, that you will immediately cease use of the Services till you provide PWC with verifiable parental consent.

PWC will take all efforts to comply with the provisions of COPPA not otherwise stated in this Privacy Policy or the Terms of Service.

Contact Us: Services.

You may ask a question, request that we update your information, or submit a complaint by contacting us at:

The Fayetteville Public Works Commission
P.O. Box 1089 Fayetteville, NC 28302
USA
Email: customer.service@faypwc.com
Phone: 910.483.1382

PWC makes every effort to correct errors and respond to requests. But we cannot accommodate every request.