Please review this Application and License Agreement carefully. Applicants must be 18 years or older to open an account. By signing the Application, clicking the online acceptance box, or using your FasTrak® Transponder, you agree to the following terms and conditions.
This Application and Agreement (“Agreement”) with the San Diego Association of Governments (“SANDAG,” “we,” “our,” or “us”), together with any supplements, allows the person named and his or her agents (“you” or “your") to use SOUTH BAY EXPRESSWAY and pay tolls and other charges using a South Bay Expressway (SBX) FasTrak® Transponder. Your submittal of an application constitutes your acknowledgement and consent to this Agreement. This Agreement confers only a license; Transponders and all other rights remain the property of SANDAG.
You agree to:
a) Pay all tolls, penalties, and fees charged to your SBX Account (“Account”).
b) Refrain from using your Transponder to access any FasTrak® toll facility, such as the I-15 Express Lanes when it is in an “HOV Only” status. When this message is displayed on a variable toll messaging sign, only high-occupancy vehicles, such as vehicles with two or more persons, vehicles with valid Clean Air Vehicle Stickers, buses and motorcycles, can use the facility.
c) Safeguard, properly mount, and use your Transponder(s) according to the instructions provided with your transponder, or any updated instructions and in accordance with the provisions of California Vehicle Code §23302.5.
d) Comply with all applicable laws, regulations, and Customer Account policies.
e) Promptly notify the South Bay Expressway Customer Service Center (“Customer Service Center”) of any changes to your name, mailing and e-mail addresses, telephone numbers, vehicles, license plates, the name and contact information of your alternate contact, and, if applicable, credit card/debit card number, billing address and/or expiration dates; and replenishment bank information.
f) Promptly review your monthly or quarterly statement, whether online or mailed to you, and notify the Customer Service Center if you have any questions regarding any charges. Charges not questioned within thirty (30) days of the statement date are deemed valid.
g) That we or our agent(s) may share with the California Highway Patrol, Department of Motor Vehicles, Caltrans, the Federal Highway Administration, and any toll facility operator any information you provide to us or our agent(s).
h) Be held responsible to SANDAG for any penalties, fees, and toll charges that may arise from use of your assigned Transponder(s) on any other interoperable California FasTrak® toll road or toll bridge.
i) Upon notice from SANDAG or the Customer Service Center, to promptly remove and return your Transponder(s) and replace it with any other Transponder(s) SANDAG or the Customer Service Center may send to you.
j) Promptly respond to notifications from SANDAG relating to account status, account balance, or any other account-related item. A prompt response is within five (5) days from the date of receipt of or by the response date specified (if any) in the notification.
ACCOUNT PAYMENTS, FEES AND CHARGES
a) Applicant acknowledges that it is his/her responsibility to maintain an account balance at or above the required minimum balance at all times - and, that if applicant fails to do so, applicant agrees that Transponder will be deactivated and/or Account closed and further use will be treated as toll violations subject to all applicable fees and penalties as set by the California Vehicle Code.
b) To open an Account with a credit/debit card payment method, you agree to establish a prepaid toll balance in the minimum amount of $40 or $20 per transponder, whichever is greater. If you opt to open an Account using check, cash, or money order, you agree to establish a prepaid toll balance in the minimum amount of $50.
c) If you opted for the credit/debit card payment method, you authorize us to automatically replenish your Account by charging $40 or $20 per Transponder, whichever is greater, to your credit/debit card when your account balance reaches or falls below the minimum account balance. The minimum account balance is equal to one-week’s usage averaged over a three-month period, or $10, whichever is greater.
If you opted for the check, cash or money order method of payment, you agree to make a minimum payment of $50, or one month’s usage averaged over a three-month period, whichever is greater, each time your Account falls below the minimum account balance. The minimum account balance for cash/check accounts is equal to two-week’s usage averaged over a three-month period or $25, whichever is greater. You agree that such payment will reach the Customer Service Center prior to your Account reaching a zero balance.
d) You agree to pay the Monthly Minimum in Tolls (MMT) for your Account each calendar month for trips taken on either the South Bay Expressway or the I-15 Express Lanes. You further agree that should you not incur the specified level of toll usage that SANDAG will charge your Account the difference between the amount of toll charges you used and the MMT.
e) You agree that we may send your Account to a collections agency and charge a fee for account suspension and/or collections, and you agree to pay a negative balance fee each time your Account balance falls below $0.
f) You agree that we may charge a fee for each credit card or bank account transaction refused by your bank, financial institution, or credit card issuer.
g) You acknowledge that if your Transponder is deactivated or your Account closed for lack of payment, failure to return your transponder within 30 days if requested by SANDAG pursuant to Section 5, or for violation of account rules, an account deactivation and/or collections fee may be charged to your Account.
h) You agree to pay a per transaction fee for license plate image-based transactions beyond three per calendar month.
i) If you fail to keep a minimum balance of prepaid tolls in your Account, you agree that we may deactivate your Transponder and/or close your Account and that any further use of SOUTH BAY EXPRESSWAY or other use of your Transponder after such deactivation or account closure is treated as a toll evasion violation, subject to all applicable fees and fines as established by SANDAG and/or the State of California.
j) You agree that we may charge a fee for each printed statement provided to you at your request whether in person or via mail or fax. Access to monthly account statements via e-mail or through the SBX Web site is provided at no charge and is available online for a period of six months.
k) You agree that I-15 Express Lanes toll rates are set dynamically based on actual traffic conditions and rates are subject to change without notice.
l) When you provide a check as payment, you authorize SANDAG either to use information from your check to make a one-time electronic fund transfer from your Account or to process the payment as a check transaction. When SANDAG uses information from your check to make an electronic fund transfer, funds may be withdrawn from your Account as soon as the same day we receive your payment and you will not receive your check back from your financial institution.
m) You agree that SANDAG can convert a notice of toll evasion for a license plate image-based transaction to a toll charge against your Account plus a per transaction administrative fee for your failure to add that license plate to your Account.
n) You acknowledge that if you do not comply with one or more of your responsibilities under this Agreement, SANDAG incurs costs to secure your compliance. You agree to reimburse SANDAG for all of its costs incurred in securing your compliance or enforcing your obligations under this Agreement, including tolls and administrative charges for such matters as notifying you of toll violations or collection expenses. Such charges are assessed in addition to statutory penalties for toll violations.
o) Our current fee amounts are available at the Customer Service Center and our Web site www.SBXthe125.com. The fees are subject to change without notice.
Your Transponder(s) may be used to pay tolls at any California toll facility bearing the FasTrak® logo so long as the facility is not in an “HOV Only” status. It is not necessary to obtain a separate Transponder to pay electronically for FasTrak® transactions on separate FasTrak® toll facilities. If you use your transponder on any FasTrak® toll facility, a record of your transaction will be recorded. Such tolls will be charged in accordance with the rules, regulations, and procedures of such other toll facilities. You further agree that we may share with the operator of the toll facility any information contained in this Agreement for purposes of processing and collection of tolls, violations, and other charges.
Any discount or promotions offered by SBX account plans are not applicable to the toll charges from other toll facilities, and vice versa. SANDAG is not liable for any toll charges and fees you incur because you used your Transponder or forgot to remove your Transponder in a carpool lane.
a) You agree to pay a refundable security deposit of $35 for each interior Transponder and $50 for each exterior Transponder licensed to you. The Customer Service Center will return the deposit without interest if you return the Transponder(s) in good working condition within 30 days of; closing or deactivating your Account, or upon a requests from SANDAG for replacement and if the account has not been sent to collections. In lieu of such deposit, you authorize us to charge your credit card for the amount of the Transponder deposit(s) should you fail to return the Transponder(s) in good working condition within 30 days of closing or deactivating your Account. Good working condition is defined as including no defacement, tampering, and/or damage.
b) If your Transponder fails to operate for reasons other than abuse or improper use and is returned to the Customer Service Center, we will replace the Transponder at no extra charge.
c) If your Transponder is lost or stolen and you immediately contact the Customer Service Center by telephone at (619) 661-7070, you will not be liable for any unauthorized use of your Transponder(s) occurring after such notification. However, you will be charged for the Transponder replacement.
Either party may terminate this Agreement at any time by giving written notice to the other party. The Agreement shall also be deemed to be terminated in the event that your Transponder is deactivated or your Account closed for lack of payment. In the event that this Agreement is terminated, you shall return any and all Transponder(s) registered to your Account to the Customer Service Center in person or by certified mail within 30 days. You are responsible for ensuring the Transponder(s) are returned to the Customer Service Center in good working condition which includes no defacement, tampering, and/or damage. Therefore, we recommend that you insure the return package.
Upon termination and return of your Transponder(s) within 30 days of closing or deactivating your Account, your account balance and Transponder deposit(s) (if paid in advance) will be refunded to you, less any amounts owed to us, in approximately four (4) to six (6) weeks. SANDAG does not issue refunds for balances of $1.00 or less. All promotional deposits and credits are non-refundable. Following termination, you remain responsible for payment of amounts you owe under this Agreement. If your account balance is insufficient to cover charges you owe under this Agreement, you shall remain liable for all such amounts. If such unpaid charges are not promptly remitted, your Account may be subject to collection action and you may become liable for additional service charges, fines, or penalties, in accordance with applicable law.
SANDAG reserves the right to change the terms and conditions of this Agreement and our policies, toll rates, fees, deposits, and minimum account balances at any time by providing written notice to you. You will be deemed to have received such notice ten (10) days after we deposit it in the U.S. Mail or five (5) days after an e-mail is sent to your designated e-mail address. You agree to all changes when you use your Transponder after that date.
RELEASE AND INDEMNITY
a) You acknowledge that we have not made, and we expressly disclaim, any representation of warranty, expressed or implied, relating to your Transponder(s), the South Bay Expressway, the I-15 Express Lanes, the FasTrak® system, or other materials (including without limitation, any implied or express warranty of merchantability or fitness for a particular purpose) whatsoever as they relate to your Account, use of your Transponder(s), the South Bay Expressway, the I-15 Express Lanes, or the FasTrak® system.
b) You hereby release SANDAG and its agent(s) from all loss, damage, or injury whatsoever, known or unknown, arising out of or in any manner connected with the use or performance of the Transponder(s), the South Bay Expressway, the I-15 Express Lanes or the FasTrak® system. Neither SANDAG nor its agent(s) will have any obligation or liability with respect to the use or performance of the Transponder(s), the South Bay Expressway, the I-15 Express Lanes, or the FasTrak® system. Your sole and exclusive remedy from SANDAG and its agent(s) will be replacement of any defective Transponder(s).
c) You agree to indemnify, protect, hold harmless, and defend SANDAG and its agent(s) from all liability for and from all loss, damage, or injury to persons or property whatsoever, known or unknown, arising out of or in any manner connected with the use or performance of the Transponder(s), the South Bay Expressway, the I-15 Express lanes, or the FasTrak® system.
This Agreement is governed by the laws of the State of California.
Failure to comply with any portion of this Agreement may result in your transactions being processed as violations under Section 4770 et seq. and Section 40250 et seq. of the California Vehicle Code and any other applicable law. If violations occur, you will be subject to all fees, fines, and penalties as provided by law or by this Agreement. SANDAG and its agent(s) will debit your Account for all fees and penalties. If you do not have sufficient funds in your Account to cover a toll, you may receive a notice of toll evasion that can include statutory penalties as high as $100 for the first violation, $250 for a second violation in the same calendar year, and $500 for a third and any subsequent violations in the same calendar year.
Toll evasion notices are sent to the address associated with the license plate on file with the California Department of Motor Vehicles (DMV). You are responsible for keeping the DMV informed of your current address (California Vehicle Code §40260). When you replenish your Account, we use our best efforts to apply all outstanding transactions and citations to your Account, however, if these transactions lag, you are still liable for paying these costs.
Please address all correspondence to:
South Bay Expressway
1129 La Media Road, San Diego, CA 92154
Phone: (619) 661-7070
Fax: (619) 661-8989
Web site: SBXthe125.com
SBX Terms and Conditions-2012.doc (Supersedes all prior versions) ©SANDAG 2012. All Rights Reserved