Terms & Conditions

Definitions

• The Service means the Online Services
• You (your) means you, the customer requesting the Service
• We (us, our) means N.V. Elmar and any affiliates involved in providing the Service.

Acceptance of Terms

When you click on the "I Agree" button below, you agree to these Terms and Conditions. If you do not agree to all of these Terms and Conditions, click on the "I Disagree" button below.

Registering for the Service

You must complete the online registration form to use the Service. The information you supply will be used to build your online profile. At various times we will send you notifications at the e-mail address listed in your online profile. It is your responsibility to supply and maintain an accurate e-mail address in your online profile. Registering for the Service requires that you accept the Terms and Conditions, and that we may change the Terms and Conditions without prior notice.

Password and Security

You understand that your password and any other security code are there for the protection of your information and the integrity of your payment. It is your responsibility to see that your password and other security codes are not disclosed to unauthorized persons. If you believe your password or other security codes have been stolen, or may be used improperly, you must notify us immediately. You can contact us by using the e-mail Customer Service link provided; visit to our office, or by telephone.

Fees and Charges

There is no charge by us to you for using the Service. You are responsible for payment of your statement. You are also responsible for any costs of telephone and Internet service necessary to reach us to use this Service. If a payment cannot be completed or is refused because of insufficient funds or credit limits, you agree that you are responsible for:

• Any late fees, return payment fees, deposits, or other fees that may be assessed according to the N. V. Elmar's connection terms and conditions; and
• Any fees or costs (including legal fees and court costs) incurred in attempting to collect the amounts from you.

Changes in Your Information

It is your responsibility to complete and maintain an accurate online profile. You agree to update your online profile as necessary to keep the information current. This information includes, but is not limited to your e-mail address, financial institution and other information necessary to use Online Services such as Bill Presentment, Bill Payment, and Meter Reading.

Use of Account Information

• We will not sell the information about your individual account to any third party. We will only use your account information in these ways:
• To complete payments using the Service;
• To verify the existence of your electric service;
• To compile research that does not identify you as an individual;
• To contact you about products or services offered by N.V. Elmar or our affiliates;
• To fulfill requests by you for information on other services; or
• To comply with court orders or regulatory proceedings.

Reporting Problems or Questions

If you have questions, problems, or believe there has been an error in processing your payment, you should notify us through the e-mail Customer Service link provided. Please include your account number, the payment involved, the question or problem you are concerned about, and the Arubian florin amount of any error you suspect. We will use reasonable efforts to resolve any actual error within thirty (30) days from the time we receive written notice.

Exclusions of Warranties

The Service and related documentation are provided "as is" without any warranty of any kind either expressed or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose.

Stopping the Service

You may stop participating in the Service by using the Edit Profile feature provided in the Services website to un-enroll.Your request will be effective within 1-3 business days after we process the request. We reserve the right to stop your use of the Service if:

• You provide incorrect information during the registration process
• You become more than thirty (30) days past due on your account
• We cannot receive payment from your bank, credit union, or other account
• Your e-mail address becomes invalid
• You become insolvent or file bankruptcy
• Local law or regulations require us to change the Service
• You violate the Terms and Conditions or
• We discontinue the Service.

If your use of the Service ends, you will revert to receiving your printed statement in the normal manner. The responsibilities and obligations of the Terms and Conditions continue after it is terminated.

Changes to the Terms and Conditions

We may change the Terms and Conditions from time to time. When we change the Terms and Conditions, we will post a notice on the Home Page, and send you an e-mail notification. If you continue to use the Service after being notified of the changes without making any objections in writing to us within one week thereafter, you have agreed to the changes in the Terms and Conditions.

Additional Terms and Conditions

The Terms and Conditions is in addition to any other terms applicable to our other services or websites. If you subscribe to other products or services offered through our websites, there may be other Terms and Conditions governing those products or services. The Terms and Conditions do not alter the terms of your electric service.

Terms and Conditions is the Only Agreement Governing the Services

In the event of a dispute between you and us, you agree that the Terms and Conditions is the only agreement governing the Service. No e-mail, letter, or phone conversation can change the Terms and Conditions.

Assignment

You may not assign this Agreement to any other party. We may assign this Agreement to any future, directly or indirectly, affiliated company. The Service may also assign or delegate certain of its rights and responsibilities under this Agreement to independent contractors or other third parties.

No Waiver

We will not be deemed to have waived any rights or remedies hereunder, unless such waiver is in writing and signed by us. No delay or omission on our part in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies. A waiver on any one occasion shall not be construed as a bar or waiver of any rights or remedies on future occasions.

Captions

The captions of sections hereof are for convenience only and shall not control or affect the meaning or construction of any of the provisions for this Agreement.

Governing Law

This Agreement shall be governed by, and construed in accordance with, the laws of Aruba, without regard to its conflicts of laws provisions. You agree to bring any claims related to use of the Service in the courts where your electric providers headquarters is located.

The foregoing shall constitute our entire liability and your exclusive remedy. In no event shall we be liable for any direct, indirect, special, incidental, consequential, or exemplary damages, including lost profits (even if advised of the possibility thereof) arising in any way out of the use of the Service.

I have read and understand the foregoing agreement and agree to be bound by all of its terms.