TxTag License and Use Agreement
Please read this document and keep a copy for your records. Use of the TxTag constitutes your acknowledgement and acceptance of the terms of this Agreement. If you do not accept the terms of this Agreement, do not install or use the TxTag and contact the Customer Service Center (CSC) to obtain a refund.
1. General
Subject to the terms of this Agreement, the Texas Department of Transportation (TxDOT) licenses to you the TxTag automated payment tag (Tag). By using the Tag, you agree that TxDOT can establish a TxTag account (Account), for your use on TxTag toll facilities and as otherwise agreed by TxDOT. Failure to comply with this Agreement may result in the suspension, revocation, and/or termination of your Account and ability to use the Tag. Failure to pay a toll or other charges to your Account may result in additional penalties, fines, and fees, as provided by law. This Agreement shall be governed by the laws of the state of Texas. If any part of this Agreement is held to be invalid or unenforceable, all other parts shall remain in full force and effect.
You cannot assign your rights or obligations under this Agreement.
2. Rates, Fees and Charges
Applicable rates (see Attachment A - Account Parameters) will govern the creation and ongoing usage of your Account.
Applicable fees and/or charges (see Attachment B - Schedule of Fees and Charges) may be billed directly to your Account and deducted from your Account balance.
You may only contest the imposition of a fee or charge in writing to the Customer Service Center (CSC), and if a fee or charge is rescinded, your Account will be credited the amount of the rescinded fee.
3. Placement and Use of Tag and Card
You must mount and use your Tag according to TxDOT´s instructions. Your Tag must be installed and used only in the vehicle specifically assigned to that Tag. Your Tag may not be transferred between vehicles, and you may not assign a Tag number to more than one Account. You must provide a license plate number for each vehicle on your Account, and you may not assign a license plate number to more than one TxTag Account.
Each license plate number on your Account must be linked to a single Tag number. To confirm that your Tag(s) and vehicle(s) are linked properly, contact the CSC.
You may use your Tag as a method of payment in toll lanes that are open and designated for TxTag use. When you use your Tag as a method of payment in these toll lanes, a non-refundable toll will be charged to your Account. A yellow light is an indication that your Account balance is low. If the light turns yellow, you should replenish your Account before the balance is insufficient to cover incurred tolls.
If you pass through a toll lane without a sufficient balance on your account to pay the proper toll, a picture of your vehicle´s license plate will be taken and you will be sent a bill in the mail for the toll charges incurred. You may be fined and/or have your Account suspended, resulting in violations, administrative fees, and other penalties should you fail to pay your toll charges.
You must obey all posted speed limits in, on approaches to, and exiting from toll lanes and comply with all other state traffic laws.
You may also use your Tag as a method of payment at any public or private entity in the state of Texas that is designated for TxTag use. You are responsible for verifying that the facility accepts the Tag for payment.
4. Damaged or Defective Tag or Card
If your Tag is damaged or defective, you must notify the CSC at 1-888-468-9824 (International 001-512-874-9998) immediately.
5. Bills and Violations
If your Tag is not read by the TxTag equipment at the tolling point and the license plate information on your account is not accurate, you may receive a bill for payment of the toll or a violation, depending on the roadway traveled.
If you receive a bill or violation, please contact the CSC immediately to identify and correct the problem and to update your vehicle information.
Depending on the roadway traveled, you may also receive a bill or violation if your Account balance is too low to cover the cost of tolls. Tolls that are billed to you will be billed at a higher rate to offset the costs related to processing your license plate information.
6. Lost, Stolen, or Sold
If your Tag is lost, if you sell a vehicle that is registered to your Account, or if your Tag and/or vehicle is stolen, you must notify the CSC immediately so the Tag and/or vehicle on your Account can be deactivated. Until TxDOT receives notice, you will be liable for any incurred tolls, fees, and/or charges that may be deducted from your Account, and charges to your credit card as provided herein.
7. Customer Account Types
Account Parameters for all Account types are set forth in Attachment A.
You must provide a license plate number for each vehicle on your Account, and link each Tag on your Account with a vehicle in order to prevent the issuance of toll bills, violations, fines, or fees. To update a license plate number or to confirm that license plate number(s) and Tag number(s) are correct on your Account, contact the CSC.
The following customer Account types are available:
A. Registered Accounts
To establish a Registered Account, you must provide your name, mailing address, phone number, and vehicle information (i.e. year, make, model, and license plate number).
A Registered Account can have a maximum of five (5) active Tags assigned to the Account at one time, and each Tag must have a separate vehicle assigned to it. Vehicles with more than two (2) axles are not permitted on Registered Accounts (see Commercial Accounts section below).
Registered Accounts must be pre-funded, as specified in Attachment A, and are subject to fees as documented in Attachment B.
Registered Accounts can be replenished automatically or manually.
B. Commercial Accounts
You must establish a Commercial Account if you have a vehicle with more than two (2) axles or if you need more than five (5) vehicles on one Account. To establish a Commercial Account, you must provide your name, mailing address, phone number, and vehicle information (i.e. year, make, model, and license plate number). If applicable, company or organization name, owner or executive officer name, and contact person name and information will also be requested.
Commercial Accounts must be pre-funded as specified in Attachment A, and are subject to fees as documented in Attachment B.
Commercial Accounts can have an unlimited number of active Tags.
Commercial Accounts can be replenished either automatically or manually.
8. Account Management
A. Prepaid Account
All Accounts are prepaid and an Account holder must maintain sufficient funds to cover tolls and charges incurred by the use of the Tag. Each time a Tag is accepted as a method of payment at a toll lane or the Account incurs a fee, the applicable amount will be deducted from the prepaid balance of the Account.
B. Account Balance
It is your responsibility to maintain a balance in your Account sufficient to cover any tolls, fees, and charges incurred. If your Account balance is ever insufficient to pay amounts you owe to TxDOT, you will remain liable for those amounts and are responsible for any related fees and costs, including attorney´s fees, incurred by TxDOT to collect those amounts due. In addition, you may be subject to civil and criminal penalties.
The minimum required prepaid toll balance will depend on the Account type and number of Tags maintained on the Account in accordance with the rate schedule in effect at that time.
C. Replenishment Payments
You may replenish your Account with a valid credit or debit card [not requiring a personal identification number (PIN)] on the TxTag website, over the telephone, or in person at the CSC or at a TxTag promotional event. You may replenish your Account by mailing a check or money order to TxTag, P.O Box 650749, Dallas, TX 75265-0749. You may also hand deliver a check, money order, or cash to the CSC.
D. Automatic Replenishment
You may elect to have your Account automatically replenished by your credit or debit card when your Account balance reaches the Low Balance Threshold amount (see Attachment A) using our AutoPay program. Depending on your usage or other charges to your Account, there may be more than one replenishment transaction in any given month.
E. Account Information
You are responsible for ensuring that your Account information (address, vehicle(s), credit card(s), etc.) is up-to-date and accurate. If your Account is automatically replenished, it is especially important to ensure that your credit card number(s) and expiration date(s) are up-to-date and accurate. You can verify and update your Account information by calling or visiting the CSC or by logging into your Account at www.TxTag.org.
TxDOT may enlist services or resources that are, or may become, available to verify and update your Account information as necessary, including but not limited to your address and vehicle information. Failure to maintain your Account information may result in the issuance of toll bills or toll violations.
F. Closed Accounts
You may close your Account at any time by written request to the CSC. If you have a license plate mounted tag or a motorcycle tag, you must return it to the CSC. Once the request to close your Account is received by TxDOT, your Tag will no longer be valid. A refund of any remaining Account funds, after all applicable fees and charges have been applied, will be issued to you after the closing process is complete. If you replenish your Account by credit or debit card, a refund will be issued to the card on file. If you replenish your Account by cash or check, a refund check will be mailed to the address on file.
Unregistered Account holders must first register their Account in order to receive a refund.
9. TxTag Website
You may use the website at www.TxTag.org to change or update your Account information. Your use of the website shall be deemed your consent to modify your information within the TxTag record system. In the case of a change in credit card information, updates made through the website shall be deemed as your authorization for TxDOT to charge (periodically, if applicable) that credit card for the amounts necessary to satisfy your obligations under this Agreement.
In order to protect the privacy of your information to the extent allowed or required by law, TxDOT may require that you provide verifying information to access your Account. TxDOT reserves the right to deny access to your Account if the requested verifying information is not provided.
10. Itemized Statements
You can obtain an itemized statement either monthly or on-demand for your Account detailing the transactions, tolls, and other transactions posted during the requested time period. See Attachment B for applicable statement fees.
11. Interoperability
You may use your Tag at toll and other facilities that accept TxTag as a method of payment. When you use your Tag at the facilities of another entity, you will be subject to the rules and regulations of that entity. In addition, the entity, at its sole discretion, may refuse to accept your Tag as a method of payment.
To enable you to use other facilities that accept TxTag as a method of payment, information about your Account will be shared with other entities for purposes of billing and collecting the proper tolls and fees. You are required to keep your license plate information up-to-date on your Account and properly linked with your Tag in order to travel on other facilities that accept TxTag.
Using your Tag on non-TxDOT facilities without an Account balance sufficient to cover your tolls may result in the issuance of toll bills, violations, and/or fees.
12. Termination of Agreement
TxDOT may terminate this Agreement at any time. Upon termination, any remaining Account funds (after all applicable fees and charges have been applied) will be refunded.
13. Miscellaneous Provisions
The Tag shall remain the property of TxDOT at all times.
TxDOT and other facilities that accept Tags are not liable for your use of or the performance of the Tag. You agree to indemnify and hold harmless TxDOT and other facilities that accept Tags against all damage, loss, cost, expense, or liability that relates to the misuse or unauthorized use of your Tag. You agree to indemnify and hold harmless TxDOT and other facilities that accept Tags against all damage, loss, cost, expense, or liability that in any way relates to the use of the Tag. TxDOT DOES NOT MAKE, AND EXPRESSLY DISCLAIMS, ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, RELATING TO THE TAG INCLUDING, WITHOUT LIMITATION, ANY IMPLIED OR EXPRESS WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR CONFORMITY TO MODELS OR SAMPLES.
TxDOT may change the terms of this Agreement at any time. Updates will be sent to registered Account holders by the method in which they have opted to receive their Account statements (e-mail or mail). Other notifications will be sent by the same method, excluding Pay By Mail bills or violation notices. Unregistered Account holders will not receive advance written notice of changes to the terms of this Agreement; unregistered Account holders are responsible for monitoring Agreement updates posted on the TxTag website. Notices will be deemed received 10 days after being mailed to you at the address on file. Continued use of the Tag will constitute acceptance of the revised terms. If you do not accept the revised terms, you should cease using the Tag and notify the CSC. Following notification, your Account will be closed as described above.
You will be responsible for a returned check fee on any check returned unpaid by your bank (See Attachment B).
14. Non-Disclosure
Account information will not be disclosed to third parties without your consent except as permitted by law and the policies of TxDOT.
15. Contact Information
If you have any questions about this Agreement or TxTag, please visit the website at www.TxTag.org. You may also call 1-888-468-9824 (International 001-512-874-9998) or visit the CSC at 12719 Burnet Rd., Austin, Texas 78727-4206.
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as of 5.1.13