Description of the “Services” and CivicPlus’s responsibilities
CivicPlus provides cloud-based software that will import meter readings to be used for the generation and management of billing records (the “Service”). CivicPlus’s role is limited to providing software functionality; Customer is solely responsible for validating meter readings, setting utility rates, billing end-users, and ensuring compliance with any laws or regulations governing utility services.
The Services may require usage of the CivicPlus proprietary application programming interface. Customer’s use of the CivicPlus proprietary application programming interface is subject to the CivicPlus Proprietary API Acceptable Use Policy.
Third Party and Customer Responsibilities
The Customer acknowledges that the Services rely and depend on third-party meter hardware and associated firmware (collectively, referred to as “Hardware”), and may contain data integrations to generate billing information. CivicPlus does not guarantee the accuracy or completeness of any data, billing calculations, or results produced by the Service.
The Customer must provide written notice to CivicPlus at least 30 days before implementing any upgrades, modifications, replacements, or other changes to such Hardware (“Hardware Change”). CivicPlus shall have no obligation to support or validate any Hardware Change unless and until such change has been timely communicated, appropriately scoped and approved for supporting by CivicPlus.
If CivicPlus reasonably determines that any Hardware Change requires analysis, development, testing, or deployment work to maintain or restore Service functionality, CivicPlus will invoice the Customer for all such professional services at CivicPlus’s then-current rates, such invoice will be discussed and agreed upon by CivicPlus and the Customer prior to any development or professional services being performed. CivicPlus will not be liable for any Service disruption, data inaccuracy, or performance degradation resulting from a Hardware Change that the Customer failed to timely notify CivicPlus of in accordance with this Section.
The Service is not intended to provide legal, financial, or regulatory advice. Customer is responsible for determining its own compliance obligations with respect to utility billing laws, rules, and regulations.
The Customer is responsible for validating meter readings, the accuracy of fund accounting, rate tables, and any resulting charges to end-users.
The Customer acknowledges that it alone is responsible for compliance with all laws, regulations, and industry standards applicable to the provision of utility services, including but not limited to consumer protection, metering regulations, and billing disclosures. CivicPlus will use commercially reasonable efforts to accommodate changes in applicable laws or regulations that affect the Service’s functionality. However, CivicPlus is not liable for any inability to comply with new or amended regulations unless specifically agreed in writing.
In addition to the Customer’s other obligations herein, Customer is solely responsible for:
Determining whether the Services will meet the Customer specs and needs;
Notifying CivicPlus promptly of any actual or suspected unauthorized access/use;
Abiding by all applicable local, state, and national laws and regulations, including those related to data privacy, communications, and the transmission of technical or personal data;
The accuracy, quality, integrity, legality, reliability, and appropriateness of all Customer Data.
Payments Integration
Customer understands and agrees the Services integrate the CivicPlus Payments Embedded Payment Processor and is subject to the CivicPlus Payment Processing Agreement.