Cobequid Pass Customer Agreement

THESE terms and conditions, along with your application, constitute your COBEQUID PASS CUSTOMER AGREEMENT (the "Agreement"), made and entered into by and between you (the "User") and the Atlantic Highways Management Corporation Limited through its COBEQUID PASS Customer Service Center ("AHMCL").

Failure to abide by the provisions contained herein may result in the cancellation of User's privileges to use the AHMCL electronic toll collection system known as the E-PASS. Nothing in this agreement releases the User from fines resulting from failure to abide by applicable Provincial or local laws or AHMCL's constating documents or regulations.

    Subject to the terms of this Agreement, AHMCL, agrees to sell the E-Pass transponder (the "Transponder") to the User which may be used to obtain passage on the toll highway operated by AHMCL. THE COST OF EACH TRANSPONDER IS $41.00, AND IS NON-REFUNDABLE.

    User shall not transfer its interest in the Transponder or this Agreement or effect any other change which results in a change in the name of the User in AHMCL's records unless User obtains and delivers to AHMCL the agreement of the transferee or new user to assume User's obligations under this Agreement. If User fails to provide such assumption agreement, User shall remain liable under this Agreement notwithstanding usage of the Transponder by a third party.

    Notwithstanding the foregoing, temporary usage of the Transponder by a third party is permitted provided usage is on a vehicle of the same toll classification AND User hereby acknowledges he shall remain liable for all terms and conditions under this Agreement, including payment of all applicable tolls, charges and fees, during such temporary usage.
    User agrees:
    a) To mount, display, and use the Transponder in accordance with Transponder mounting instructions received from AHMCL.
    b) Not to proceed through any traffic lane if the signal is light red. If the signal light remains red, User must pay the full cash fare in order to proceed.
    c) Not to exceed posted speed limits through traffic lanes designated for E-Pass Use.
    d) Not to assign or in any way transfer this Agreement and the Transponder.
    e) To be fully responsible for any and all charges arising from the use of each Transponder until such time as User surrenders it to AHMCL.
    f) To use the Transponder only on a vehicle for which it is valid. Use of the Transponder on a vehicle of a different toll classification will result in an incorrect toll charge, and may result in termination of this Agreement by AHMCL.
    The following events shall constitute and event of default: a) User fails to make any payments owed under this Agreement when due; b) User fails to perform or observe any terms or conditions under this Agreement; c) User has provided incorrect information to AHMCL under this Agreement; Application Form, or in any document or certificate furnished to AHMCL or does not report any changes of such information to AHMCL within the specified time; or d) User becomes insolvent or bankrupt. AHMCL can terminate this Agreement immediately without notice upon the occurrence of one or more of the foregoing events of default.
  4. PREPAID ACCOUNT User agrees to maintain a prepaid account with AHMCL to cover User's applicable tolls, charges and fees as described in this Agreement (the "Prepaid Account"). No interest shall be paid on Prepaid Account balances or deposits.
    a) User must open a Prepaid Account by payment to AHMCL by credit card or cash (the "Initial Account Deposit").
    b) Commercial Users may prepay using a company check.
  6. LOW ACCOUNT LEVEL A Prepaid Account is considered by AHMCL to be at a low account level whenever its balance falls to less than 1/3 of Users Initial Account Deposit ("Low Account Level"). Users will be notified of a Low Account level by a LOW BAL message in the toll lane.
    If the Prepaid Account reaches or falls below a Zero Balance, User will be required to PAY FULL CASH FARE without the discounted price of the E-PASS, unless the User's account is replenished above a Zero Balance prior to using the Cobequid Pass. Prepaid Accounts that fall below Zero Balance may result in User's Account being Suspended.
    a) Automatic Credit Card Replenishment. Whenever the prepaid balance falls below the Low Account Level, User's account will be automatically replenished to the amount of the Initial Account Deposit by charging the User's credit card.
    b) Manual Replenishment. Whenever the prepaid balance falls bellow the Low Account Level, User must promptly visit the Customer Service Center and replenish the Prepaid Account directly using cash, debit card or credit card.
    c) Commercial Users may replenish by company check.
    d) Telephone, online and ABM banking are now available to our E-Pass Customers at the following financial institutions: Bank of Nova Scotia (BNS), CIBC, RBC Financial Group, TD Canada Trust and Bank of Montreal . If you misplaced your account number please contact the Customer Service Center at or 902- 668-2211, to obtain your account number to access this banking service.
    If there is no activity recorded on User's Prepaid Account for a period of 24 consecutive months, the Prepaid Account shall be terminated and the balance of User's account shall be considered as payment of an account maintenance charge and deducted from the account. Written notice of this proposed forfeiture will be given to User at their last known address following the expiration of 18 consecutive month of no activity being recorded on User's Prepaid Account.
    User's Prepaid Account will be reduced by charges for applicable tolls charged each time User's Transponder is used to obtain passage on, continue upon, or exit from an E-PASS collection area.
    User requesting a printed statement of account or trip record shall be charged $0.50 per page with a minimum charge of $3.00 per request. All such charges shall be deducted from the User's Prepaid Account.
    User must notify AHMCL of any lost or stolen Transponder(s), identifying such transponder(s) by serial number. Until AHMCL is notified, USER WILL CONTINUE TO BE RESPONSIBLE FOR CHARGES RESULTING FROM USAGE. Once notified, AHMCL will invalidate the Transponder(s). AHMCL will issue User a replacement Transponder(s) upon request and upon payment for each Transponder.
    a) AHMCL and/or User may terminate this Agreement at any time.
    b) Upon termination, a refund of any balance remaining in User's Prepaid Account less any amount owed under this Agreement will be processed within 30 days from receipt of written notice, subject to the provisions of Section 9 herein.
    If a Transponder is defective for any reason, other than as a result of abuse or improper use, and is returned to AHMCL, it will be replaced at no charge.
    It is expressly understood and agreed that User authorizes AHMCL to access User's credit card account and make charges authorized under this Agreement. User expressly understands and agrees that AHMCL shall not be liable to User for any damages resulting from these actions.
    a) User releases AHMCL, its directors, officers, employees, agents or representatives (collectively in this Section, "AHMCL") from all loss, damage, or injury whatsoever from the use or performance of E-PASS and the Transponder. AHMCL shall not have any obligation or liability to User with respect to the use or the performance of E-PASS and the Transponder. The only recourse available to User shall be replacement by AHMCL of any defective Transponder. User agrees to indemnify, protect, and hold harmless AHMCL from all liability for all loss, damage, or injury to persons or property arising from or related to the use of E-PASS and the Transponder.
    b) Additionally, AHMCL shall not be liable for (a) any incidental, indirect, special or consequential damages, including but not limited to, loss of use, revenues, profits, or savings, even if AHMCL knew or should have known of the possibility of such damages, or, (b) claims, demands, or actions against User by any person, corporation, or other legal entity resulting from the use of E-PASS, Transponder(s), credit report inquiry, check authorization and/or charging of User's credit card.
    AHMCL may change the terms of this Agreement at any time by providing written notice to User. If the Transponder is used after User receives notice of the new terms of this Agreement, then User shall be bound by the new terms.
    For purposes of this Agreement, User shall be deemed to have received notice 10 days after any notice is deposited with Canada Post postage prepaid, addressed to User at the last address that appears on AHMCL's records.
    User agrees to pay all costs, including legal fees, incurred by AHMCL in enforcing this Agreement.
    If for any reason, User's Prepaid Account is insufficient to pay any amounts owed to AHMCL, User will remain liable to AHMCL for such amounts. 
  21. CHANGES IN USER INFORMATION User shall inform AHMCL, in writing, of any changes in the information set forth in the E-PASS Application and, specifically, shall immediately notify AHMCL of any changes in address.
    AHMCL agrees not to disclose the User's name and address for any commercial purpose. All personal account information is considered private, and will remain confidential.
    For the purpose of giving any and all notice(s) to AHMCL required under the provisions of this Agreement, User shall use the following address

    Cobequid E-PASS Customer Service Centre
    209 Cobequid Pass
    Great Village, Nova Scotia
    B0M 1L0

    Phone No. 1-902-668-2211 or
    Toll Free 1877-727-7104
    Fax No. 1-902-668-2290

    Office hours are Monday to Friday, from 8:30 AM to 4:30 PM.
    The captions used in this Agreement have been inserted for convenience and for reference only and shall not be deemed to limit or define the text of this Agreement.
    The provisions of this Agreement are severable, and if any provision or part of this Agreement or the application thereof to any person or circumstance shall ever be held by any court of competent jurisdiction to be invalid or unconstitutional for any reason, the remainder of this Agreement and the application of such provision or part of this Agreement to other persons or circumstances shall not be affected thereby.
  26. GOVERNING LAW This Agreement shall be governed and constructed in accordance with the law of the Province of Nova Scotia and the Law of Canada applicable in Nova Scotia.
    The Agreement and the Application attached to this Agreement constitute the entire agreement between the User(s) and AHMCL.

    The transmittal of signatures or of signed copies of this Agreement by facsimile machine or other mechanical or electronic form constitutes good and valid execution respecting this Agreement and is legally binding on the parties.