NEXPRESS COMMERCIAL™ CUSTOMER
(TERMS OF SERVICE)
I agree to use NEXPRESS COMMERCIAL™ in accordance with the Terms of Service of the NEXPRESS COMMERCIAL™ Agreement, as updated on June 30, 2016. I understand that these Terms of Service are subject to change. The Detroit Windsor Tunnel LLC (the “Company” or the "Tunnel") reserves the right to change, delete, limit, or modify, at any time, any terms of this agreement without advance notice. I understand that it is my responsibility to keep all my account information (e-mail and mailing addresses, credit card information) up to date. I understand that the NEXPRESS COMMERCIAL™ Windshield Tag will allow commercial vehicles passage through the Windsor and Detroit Tunnel Toll Plazas and that the charges will be deducted from my NEXPRESS COMMERCIAL™ account. I understand that I am responsible for all charges associated with my NEXPRESS COMMERCIAL™ account and that the authorized or unauthorized use of my NEXPRESS COMMERCIAL™ Windshield Tag by any other person or company does not relieve my liability for any charges incurred. I understand that I am entering into a legal and binding contract with the Detroit Windsor Tunnel LLC (herein and after referred to as “the Tunnel”), and I confirm that I am an authorized agent of the Account Holder and User of toll services and hereby agree to follow the Terms of Service herein.
NEXPRESS COMMERCIAL™ CUSTOMER AGREEMENT: TERMS OF SERVICE
The following is the agreement between the parties relating to the use of the NEXPRESS COMMERCIAL™. The word "we", "us", "our" means the Detroit Windsor Tunnel LLC, ("Tunnel").
1. "Account" is the NEXPRESS COMMERCIAL™ account that is established by this agreement with the Tunnel and that is maintained for the purpose of deducting tolls and fees.
2. “Windshield Tag” is the NEXPRESS COMMERCIAL™ transponder issued by the Tunnel.
3. "Prepaid toll" is the initial charge and subsequent charges made to your chargeable credit card to replenish your account for the deduction of applicable tolls and fees. Prepaid toll also represents initial payment paid with check and subsequent payments paid by check.
4. "Replenishment Charge" is the amount charged to replenish an account that has reached the Replenishment Threshold.
5. "Replenishment Threshold" is the minimum balance that must be maintained before a replenishment charge is made to your chargeable credit card.
6. "Toll Violations" are trips made through a Toll Plaza with a deactivated Windshield Tag or without paying the proper toll.
7. “Axle”- a rod or spindle (either fixed or rotating) passing through the center of a wheel or group of wheels.
8. “Weigh-in-motion” (WIM) is a device designed to capture and record axle weights and gross vehicle weights as well as axle count as commercial vehicles drive over the measurement site.
9. “Personally Identifiable Information (PII)” pertains to a person or can be directly linked to a specific individual. Examples include but are not limited to: a person’s name, mailing address, business name, alternate contact information, e-mail address, telephone number, fax number, toll tag number(s), Account number(s), credit card number(s) and/or associated security code(s), and credit card expiration date(s).
Use of the NEXPRESS COMMERCIAL™ Windshield Tag
Receipt of this Agreement shall be acknowledgment and acceptance by the User of the Terms of Service of this Agreement. If the User is not in agreement with the Terms of Service, the User is to cease using the NEXPRESS COMMERCIAL™ Windshield tag and to return it to the Tunnel.
The Account Holder/User agrees
1. To properly use NEXPRESS COMMERCIAL™ in accordance with the program’s guidelines.
2. Not to exceed weight restrictions of the Tunnel of 142,000 lbs or 64,410 kg.
3. To be responsible for any toll violations that occurs during the use of your NEXPRESS COMMERCIAL™ Windshield Tag.
4. The Windshield tag shall be affixed and placed on the windshield of the vehicle as instructed by the Tunnel.
5. To accurately provide the number of commercial vehicles and the associated axle count for each commercial vehicle that will fall under the company’s NEXPRESS COMMERCIAL™ account.
6. To proceed only through commercial designated toll lanes unless directed by Tunnel staff to another toll lane. Not to proceed through any toll lane unless the signal light is green or yellow. If you do not receive a green or yellow light, you must pay the applicable toll by cash or credit card in order to proceed through the gated lane.
7. At all times to maintain a current and chargeable credit card (with a current expiration date) on your NEXPRESS COMMERCIAL™ account. Failure to maintain a current and chargeable credit card with a current expiration date may result in the closing of your NEXPRESS COMMERCIAL™ Account.
8. To inform the Tunnel in writing of any changes to the information set forth on your NEXPRESS COMMERCIAL™ Account application. This information includes but is not limited to any change in your credit card number and expiration date, email address, mailing address and telephone number.
9. To pre-pay the Tunnel the agreed upon amount of funds either based on historical usage (for current commercial customers) or projected usage (for new commercial customers) by credit card or check when you submit your application. The initial prepaid toll amount shall not be less than $500 unless adjusted by Tunnel customer service.
10. Returned or NSF checks are subject to a pass-through bank charge of $35.00 in the currency (US or CDN) selected on my account.
11. I understand that if I sign up for NEXPRESS COMMERCIAL™ using a check or money order, the toll rate deducted against my account will be based on the posted commercial cash rate based on the currency selected with my account, and I am not eligible for the discount available with electronic payments under the NEXPRESS COMMERCIAL™ electronic tolling program.
12. All toll related charges will be deducted from my account each time a Windshield Tag is used to travel through the Tunnel.
13. If my commercial vehicle account type assigned to the NEXPRESS COMMERCIAL™ Windshield Tag presented during entry or exit through the toll plaza varies from our WIM calculation, my account will automatically be corrected and the toll rate charged against my account will be based on the validated WIM axle count.
14. To authorize the Tunnel to automatically charge a replenishment amount predetermined based on historical usage (for current commercial customers) or projected usage (for new commercial customers) in order to re-establish the prepaid toll amount. I understand that my account will be changed to the credit card on file when my account reaches or falls below the applicable predetermined threshold (minimum of $100 unless authorized and adjusted by Tunnel customer service).
15. In the event that my account depletes to a negative balance, I understand and agree that my account will be charged an additional $2 per toll transaction until the replenishment amount has been funded.
16. In the event my account carries a negative balance beyond a one week period, the Company reserves the right to refuse entry through the Tunnel.
17. I understand that my account funding is based on an auto renewal of the replenishment charge, and once renewed, no refunds or credits will be issued. Upon closing my account, it is my responsibility to contact the Tunnel’s NEXPRESS Help Desk, and request removal from the auto renewal program prior to the next replenishment charge.
18. To maintain my account to cover applicable tolls and charges.
19. Once my account has been funded, I understand and accept that no credits or refunds will be issued under any circumstances.
1. Each NEXPRESS COMMERCIAL™ Account will receive up to 50 Windshield Tags at no charge for those vehicles registered when the account is created. Additional Windshield Tags can be purchased for a fee of $5.00 each.
2. On the NEXPRESS COMMERCIAL™ application you will have the option to pay in either U.S. or Canadian currency. Once a currency is selected you may not change to another currency, therefore your account is locked in at your selected currency for all toll transactions.
3. Payments on NEXPRESS COMMERCIAL™ Windshield Tags are nonrefundable. Balances are transferable to a new Windshield Tag, if the original Windshield tag is lost, stolen or damaged.
NEXPRESS COMMERCIAL™ Toll Rates
NEXPRESS COMMERCIAL™ rates will be charged based on currency selected with origination of NEXPRESS COMMERCIAL™ account. Rates are based on a standard axle classification system. Rates are subject to change. Visit http://www.dwtunnel.com for a list of current rates.
View your monthly statements online at http://www.dwtunnel.com.
Lost or Stolen Windshield Tag
If my NEXPRESS COMMERCIAL™ Windshield Tag is lost or stolen, I must notify the Tunnel immediately so it can be deactivated. Any charges made against lost or stolen passes will be my responsibility until I have notified the Tunnel's NEXPRESS Help Desk. I understand that such notification must be made in writing to the Tunnel's NEXPRESS Help Desk, and I further understand that toll booth attendants are not authorized to receive verbal notification or to modify accounts in any way. Until I notify the Tunnel's NEXPRESS Help Desk that my NEXPRESS COMMERCIAL™ Windshield Tag is lost or stolen, the Tunnel may continue to deduct from my account (and continue to charge my credit card as provided above) for tolls and any other fees incurred through use. Once I notify the Tunnel that my Windshield Tag has been lost or stolen, the Tunnel will deactivate it so it can no longer be used. There is a $5.00 fee for each replacement NEXPRESS COMMERCIAL™ Windshield Tag.
Defective Windshield Tag
If the Windshield Tag is defective due to wear and tear, I must notify the Tunnel immediately and the Tunnel will mail a replacement Windshield Tag at no charge.
Other Terms and Conditions
It is expressly understood that as a NEXPRESS COMMERCIAL™ Account user, I authorize the Tunnel to access my credit card, debit card or bank account information and execute transactions authorized under this Agreement. As a NEXPRESS COMMERCIAL™ User I expressly understand and agree that the Tunnel shall not be liable for any damages resulting from these actions.
The Tunnel respects the privacy of all Account Holders. Account information, including PII, will not be disclosed to third parties without your written consent except as permissible by law and the policies of the Tunnel. The Tunnel further will not provide PII to any third party for advertisement, marketing, or any other external use without your written consent unless legally required.
I may close my account at any time by submitting a written request to the Tunnel's NEXPRESS Help Desk stating my intent to close my account and terminate this agreement. Additionally, I shall pay all amounts owed, including: pending toll transactions; unused discount plan charges; negative account balances; unpaid tolls, fees, and other account related fees, as applicable. My account will no longer be valid for any toll activity throughout the entire system. If the financial settlement results in a positive account balance, a refund will be issued within 30 days of account termination date, and my account will be assessed an administrative fee equal to lesser of $200 in the currency (US or CDN) selected on my account, or my remaining account balance. If a negative account balance results, an invoice showing the balance due will be sent to me for payment. Upon termination, once all outstanding charges have been deducted from my account, any remaining balance will be refunded to me. Such refund will be made in the form of a check or credit to my credit card, depending on the manner in which I have chosen to replenish my account balance.
The Tunnel may terminate this Agreement and close my account at any time and for any reason, including inactivity. In such an instance, I will be notified by e-mail at the email address that I have on file. If my account remains unused for a period of three years or more, the Tunnel may, at its discretion, close my account and the remaining account balance will be forfeited.
Violations of Terms of Service
Failure to abide by any of the Terms of Service of this agreement may result in the termination of this agreement. The Tunnel reserves the right to terminate this account and deactivate the Windshield Tag(s) issued under this agreement for failure to abide by any of the Terms of Service of this agreement. Any trips made through a Toll Plaza with a deactivated Windshield Tag or without paying the proper toll will result in a charge of the applicable tolls. The Tunnel reserves the right to report delinquent accounts to courts of jurisdiction or to an authorized credit bureau.
1. I agree to indemnify the Tunnel against all damage, loss, cost, expense or liability that relates to misuse or unauthorized use of the Windshield Tag. The Tunnel does not make and expressly disclaims any representation or warranty, express or implied, relating to the NEXPRESS COMMERCIAL™ Windshield Tag (including, without limitation, any implied or express warranty of fitness for a particular purpose or conformity to models or samples).
2. The Tunnel may change this Agreement by posting any new terms on the Company website. If the Windshield Tag is used after new terms are posted on the website, I will be bound by the new terms. Notice will be deemed to have been received by me five days after being posted online at http://www.dwtunnel.com.
3. If for any reason my account is insufficient to pay any amounts payable by me to the Tunnel, I will remain liable to the Tunnel for such amounts.
4. In no event shall the Company be liable for any direct, indirect, special, consequential, or other damages arising out of the use of NEXPRESS COMMERCIAL™ Toll or the Tunnel's website. This includes, without limitation, lost profits, business interruption, damage to equipment, computer systems or programs, or any information system, or the loss of any information or data.
5. I understand the toll collection system is fully computerized and in the unlikely event the automatic operation is out of service, for any reason either natural or man-made, I may not be able to use my Windshield Tag and may have to pay for each crossing at the posted cash rate until the computer system is back in service.
6. This Agreement binds and benefits me and the Tunnel and its successors. I cannot assign my rights or obligations under this agreement.
7. This Agreement shall be deemed to have been executed in Wayne County, Michigan, and in Essex County, Ontario and all questions of interpretation shall be governed by, and construed in accordance with the laws of the State of Michigan and/or the Province of Ontario.
8. The invalidity of any term or terms of this Agreement shall not affect any other term of this Agreement, which shall remain in full force and effect.
Name_______________________________ Date: ________________________
313-567-4422, ext. 200
519-258-7424, ext. 200