10-079 - King County Metro Transit - 2011 ORCA Card Program

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ORCA Business Accounts website for ordering ORCA Products and requesting they be loaded onto the Business Account's ORCA Business Cards. 4 8 In addition to any other obligations it may have under this Agreement and at law, the Business Account agrees to pay to the Lead Agency any court costs, reasonable attorney fees and /or collection fees incurred in collecting amounts due from the Business Account. 5.0 PURCHASE, OWNERSHIP, DISTRIBUTION AND REPLACEMENT OF ORCA BUSINESS CARDS 5.1 Ordering ORCA Business Cards. The Business Account shall order ORCA Business Cards via the ORCA Business Accounts website, in accordance with the directions provided on that website, and shall make payment as provided in Attachment 1. If additional cards are required, the Business Account shall be required to pay both the standard card fee and the transportation service fee, as detailed on Attachment 1, Product, Pricing and Terms. 5.2 Receipt and Ownership of ORCA Business Cards. Upon actual or constructive receipt of the ORCA Business Cards it has ordered, the Business Account shall become the owner of the ORCA Business Cards. The Business Account shall be deemed to have constructively received all ordered ORCA Business Cards unless it notifies the Lead Agency of any non- delivery or incorrect delivery within thirty (30) days after the order was placed. If the Business Account notifies the Lead Agency that it has not received the ordered cards, the Lead Agency will ship a replacement order If the Business Account subsequently receives the cards reported as missing, the Business Account is responsible for returning them to the Lead Agency. 5 3 Storage and Risk of Loss. The Business Account is responsible for the storage, distribution and use of the ORCA Business Cards issued to it. The Business Account bears the sole risk of any loss, damage, theft or unauthorized use of one of its cards, whether such card was held in its inventory or had been distributed for use. The Business Account is responsible for the cost of any use of its Business Cards until the effective date of a "card block" that may be implemented by the Business Account as provided below. 5 4 Distribution of ORCA Business Cards. The Business Account is responsible for distributing its Business Cards for use by its eligible cardholders, as defined in Attachment 3, Eligible Business Cardholders, which is incorporated in this Agreement by this reference. The Business Account remains the owner of all Business Cards it distributes but recognizes that a cardholder may also purchase and load individual ORCA products on a Business Card. The Business Account shall require, as a condition of receiving a Business Card, that the Cardholder sign the written Cardholder Rules of Use, an example of which is attached herein as Attachment 4, and that must include: a. a prohibition on the sale or transfer of the Business Card, b. notice that the Cardholder is required to pay any difference between a required fare and the value of the fare product loaded onto the Business Card; c. notice that any ORCA Products purchased by the Cardholder with his /her own funds and loaded on the Business Card, including but not limited to the e- purse, will become the property of the Business Account and any subsequent refund to the Cardholder would be the responsibility of the Business Account in accordance with its own refund policy. Individuals are encouraged to purchase an individual card if they have concerns about refund policies. d notice that the ORCA System will record data each time the cardholder presents a Business Card to an ORCA device to prove fare payment, to load a product on it, or to review the amount and type of product on it. Such data will include, but not be limited to, the date, time and route or other location related to the card being presented Such data is owned by the ORCA Agencies but accessible to the ORCA System contractor(s) that operate it, the Business Account, and the ORCA Agencies. The Business Account understands and agrees that it is solely responsible for implementation and enforcement of the Cardholder Rules of Use. Passport Customer Agreement City of Tukwila 1592 October 1, 2010 September 30, 2011 Page 4 of 17