EFFECTIVE AS OF February 22, 2023

SEE CDOT.GOV/PROGRAMS/CTIO FOR UPDATES/CURRENT VERSION OF THIS AGREEMENT

NOTE: The Spanish translation is for the user's convenience, and the official language of interpretation is English

CTIO Central 70 GES Tolling Equity Program Customer Agreement

PARTICIPANTS IN THE CENTRAL 70 GLOBEVILLE-ELYRIA-SWANSEA TOLLING EQUITY PROGRAM (“PROGRAM”) ARE CUSTOMERS OF THE COLORADO HIGH-PERFORMANCE TRANSPORTATION ENTERPRISE, DOING BUSINESS AS THE COLORADO TRANSPORTATION INVESTMENT OFFICE (CTIO). CTIO UTILIZES PLUSPASS, INC. TO ADMINISTER THE PROGRAM THROUGH ITS ‘BANCPASS’ SOLUTION AND PARTICIPANTS SHOULD ADDRESS ALL CONCERNS TO ITS OFFICES AT P.O. Box 300069 Austin, Texas 78703. THE CUSTOMER UNDERSTANDS AND AGREES THAT IT IS A CRIMINAL VIOLATION TO DRIVE THROUGH A TOLL FACILITY WITHOUT PAYING THE APPLICABLE TOLL. CTIO WILL ENFORCE VIOLATIONS THAT OCCUR ON ITS TOLL ROADS. YOU, AS A PARTICIPANT IN THE PROGRAM, ARE RESPONSIBLE FOR MAINTAINING FUNDS IN YOUR BANCPASS ACCOUNT AND MAY BE SUBJECT TO BEING TICKETED OR OTHER CIVIL PENALTIES FOR DRIVING ON A TOLL ROAD WITHOUT PAYING. ADDITIONALLY, YOU MAY MONITOR YOUR BANCPASS ACCOUNT AND/OR ADD ADDITIONAL MONEY TO YOUR ACCOUNT AT ANY TIME BY LOGGING IN AT BANCPASS.COM (WEBSITE FOR BANCPASS) OR BY USING A MOBILE APPLICATION OR BY CALLING BANCPASS CUSTOMER SERVICE.  

General.

This Agreement is between you and The Colorado High-Performance Transportation Enterprise, doing business as the Colorado Transportation Investment Office (“CTIO”), and PlusPass, Inc. (“PlusPass”) and outlines the terms and conditions under which the Toll Transponder enclosed in this package has been issued to you (“Agreement”). The Toll Transponder and enclosed Reload Card are distributed and serviced by BancPass. For customer service, contact BancPass at: 866-978-5061.

The Toll Transponder may only be affixed to and used by the vehicle to which it is registered and assigned. The Reload Card that is also enclosed in this package is not for resale (“Card”). You will not receive any interest on the funds put on the BancPass Account associated with the Toll Transponder. The funds on the Account are not insured by BancPass or any other party. The Card is not redeemable for cash, and you will not receive a refund (except as expressly set forth in this Agreement and otherwise as required by law). BancPass is not responsible to you for loss or damage resulting from a lost or stolen Card, Toll Transponder, or use of either without your permission. The Account is reloadable. A $2 fee will apply to each cash or credit card-based reload transaction at a retail store. A $1 fee will apply for each card-based reload transaction done using the BancPass app or the BancPass website. All funds associated with the Account shall be held by BancPass in a BancPass customer Account associated with Toll Transponder for each license plate associated with the Account, with the balance of such funds to be reduced through your use of such funds in accordance with the terms of this Agreement. The value on your Account is limited to the pre-paid amount of the Card plus any additional funds that have been loaded using the Card. You cannot use the Card with any other Toll Transponder. Using the Toll Transponder and/or the Card means that you accept and agree to be bound by this Agreement. Allowing someone else to use the Card and/or Toll Transponder means that you represent that the person has agreed to accept and be bound by this Agreement. In this Agreement the terms “we,” “us,” and “our” means CTIO, PlusPass, and BancPass, and “you” or “your” means anyone who is participating in the Program and has received the Card and/or the Toll Transponder or is authorized to use either one.

Our primary means of communication with you will be by text message. By accepting the terms of this agreement, you are opting in to receive text messages from BancPass. You may opt out from receiving these text messages at any time.

Definitions.

Account. When this Account is established, it does not include automatic replenishment. BancPass, will notify you by text message if your account balance is low or negative or if the account is deactivated. You must pay for all tolls incurred on this Account. If you wish to monitor your toll usage and Account balance, download the BancPass phone app for Android or iOS phones. You can also check your Account balance by calling 866-978-5061. See Customer Service/Card Balance below.

Toll Transponder. The electronic toll collection device (also known as a Toll Tag or Transponder) inside this package adheres to a vehicle’s windshield. The Toll Transponder will be a switchable Express Toll Transponder. The Toll Transponder is connected to an Account associated with the Card and automatically deducts the proper tolls when using a Toll Facility.

Account Customer Service. Customer service for this Account is provided by BancPass. The BancPass service center can be reached at: support@bancpass.com, 866-978-5061. The mailing address is P.O. Box 300069, Austin, Texas 78703.

Card or Reload Card. The Reload Card included in the package, which is to be retained by the user, may be used to add funds to the associated Account.

State.  State of Colorado.

Toll Agency. The Colorado High-Performance Transportation Enterprise doing business as the Colorado Transportation Investment Office is responsible for the operation and enforcement of a Toll Facility.

Toll Facility. A transportation facility (e.g., a road, designated lane) for which motorists pay a specified toll for a vehicle to travel on, or other venues (e.g., a parking lot), that accepts the Toll Transponder for electronic payment. Toll rates and calculation methods will vary by Toll Facility.

Your Account.

Using the Card. You have opened a pre-paid account, and you must maintain sufficient funds to cover tolls and other charges incurred by using the Toll Transponder. Each time the Toll Transponder is accepted as a method of payment at a Toll Facility or the Account otherwise incurs a fee, civil penalty or other charges, the applicable amount will be automatically deducted from the prepaid balance in the Account. Only the Toll Transponder included in this package can be assigned to the Account. This Account may be replenished manually using the Card or a replacement Card. Account may be replenished using cash/credit card/debit card in-person at 7-Eleven stores and other participating retailers. It may also be replenished using a credit or debit card through the BancPass website or the BancPass phone app. A minimum replenishment of $15 is required. Once you apply funds to the Card, they will automatically be transferred to your Account and assigned to a particular vehicle. Your responsibility is to maintain a balance in your Account sufficient to cover any tolls, fees, and charges incurred. If you do not maintain a balance sufficient to pay tolls and any other charges incurred, the vehicle’s owner will be responsible for a toll violation each time the vehicle travels on a Toll Facility. BancPass will notify you by text messages regarding issues arising with your account, such as low balance (below $20, below $5, below $0), negative balance or deactivation of the account. Notifications will be in English and Spanish. Customer can also monitor their account using the BancPass phone app.

Offset/Application of Payment/No Receipts. BancPass may deduct amounts you owe for using a Toll Facility or the Toll Transponder from funds in your Account. These amounts include those fees in the Fee Schedule below and any fees, fines and charges that are allowed by law. Payment received from you will first be applied to outstanding amounts due by you, beginning with the oldest amounts you incurred. You will not receive any receipts for transactions. All transactions are electronic.

Account Activation and App Download. You MUST activate your account before driving in the Express Lanes. You will need your Reload Card to activate the BancPass phone app and connect it to your account. To complete your account activation, you must text your license plate number to 78655 and follow the instructions you receive back. Alternatively, you can use the BancPass phone app to register your license plate or call 866-978-5061 to complete activation. Failure to complete this step will result in your Account not being activated, and the vehicle will be charged at the License Plate Toll (“LPT”) rate applicable to the Toll Facility and collected by CTIO per its existing procedure.

Dormant Account. Failure to register any trips in Express Lanes for a two-year period will result in your account being labeled dormant and closed by PlusPass.

Toll Transponder.

Installation. A Toll Transponder may only be used with one vehicle and must be properly mounted to that vehicle. You may not move a Toll Transponder from one vehicle to another. Your Toll Transponder must be permanently installed on the inside center of your windshield before driving on the toll road. See the mounting instructions included in this package. Holding a Toll Transponder in your hand or leaving it on the dashboard or in another non-mounted position in the vehicle is prohibited. Improper mounting may prevent your Toll Transponder from being read on the Toll Facility, resulting in a toll violation and a traffic citation if observed by law enforcement. The Toll Transponder cannot be reloaded using a Card that was not included in this package (unless a replacement Card is obtained).

Lost/Sold Toll Transponder. If the Toll Transponder is lost, you must notify BancPass Account Customer Service immediately so the Toll Transponder can be deactivated. Until BancPass receives notice, you will be liable for any future use of the Toll Transponder, including tolls, toll violations and Toll Facility violations. You must remove the Toll Transponder from the vehicle before selling or otherwise disposing of the vehicle. If you do not remove the Toll Transponder and deactivate the Toll Transponder on your BancPass Account before selling or otherwise disposing off the vehicle, you will be liable for any future use of the Toll Transponder. Instructions for the deactivation of Toll Transponders, BancPass Accounts, and how to remove vehicles from an Account shall be made available to Program participants.

Defective. BancPass will notify you if your Toll Transponder is defective due to a manufacturing defect. Defective Toll Transponders shall be replaced at no cost to you. In the event of a malfunction of the Toll Transponder, you must immediately discontinue the use of the Toll Transponder and contact BancPass. You remain responsible for any and all toll violations and/or traffic citations issued as a result of any attempt to use a damaged, malfunctioning and/ or defective Toll Transponder to pay tolls. Damage is defined as rendering the Toll Transponder defective or inoperable due to tampering, abuse, improper use, defacement, or accidental destruction.

No Tampering/Reverse Engineering. You will not, and will not attempt to, reverse engineer, alter or tamper with the Toll Transponder or otherwise attempt to use the Toll Transponder or other equipment in order to avoid payment of tolls or fees.

Disputable Issues. You are responsible for all tolls, toll violations and Toll Facility violations occurring with the vehicle and/or Toll Transponder associated with your Account except in the case of a stolen or sold vehicle, provided you comply as set forth herein. If your vehicle was stolen, you must contact BancPass and provide a police report showing that the vehicle was stolen before the time the toll was incurred. If you cannot provide a police report, you must contact BancPass as soon as possible and request the deactivation of the Toll Transponder. You will be responsible for all tolls and toll violations with the vehicle before deactivation. If you sell a vehicle, you must remove the Toll Transponder from the vehicle and contact BancPass to deactivate the account before it is delivered to the buyer. Thereafter you shall not be responsible for any tolls or violations that occurred. If you wish to dispute a transaction that is posted to your BancPass account, you must do so within thirty (30) calendar days after the transaction is posted to your Account; otherwise, all undisputed transactions shall be final thirty (30) days after posting to your Account. When disputing a toll, you must contact BancPass to dispute the transaction. BancPass will submit the transaction to the toll authority on your behalf. The resolution provided by the toll authority and forwarded to you is final. If the toll authority does not grant refunds for the disputed transactions, you are responsible to pay for the tolls. If you wish to dispute a violation, you must contact BancPass and provide a copy of the invoice for review. BancPass will review and may submit a dispute to the toll authority on your behalf, provided that your account was in good standing at the time of the violations. The resolution provided by the toll authority and forwarded to you is final. You may be required to contact the toll authority directly to pay for tolls and/or fees. If you drive on a Toll Facility when your account is deactivated, then the transaction will be managed by the toll authority, and BancPass will not be responsible for the toll and associated fees.

In Good Standing. The account is considered in good standing if the license plate is correctly registered to the account at the time of toll road use AND the balance in your account is not negative. You must replenish your negative account within 30 calendar days to avoid your account being deactivated and removed from the program. BancPass will notify the customer about negative account balance and deactivation by text message.

Overspending. Each time you use your Toll Transponder, you authorize us to reduce the value available in your Account by the toll amount and any applicable fees incurred by your use of the Toll Transponder. If you incur a toll greater than the remaining Account balance, you will commit a toll violation and account balance will go negative.

Responsibility for Use of Card. You and/or the vehicle owner are responsible for all tolls and fees incurred by using the Toll Transponder and/or the Card and for using your Toll Transponder according to this Agreement. If you permit another person to access your Toll Transponder, we will treat this as if you have authorized such use, and you will be liable for all tolls and fees.

Customer Service/Card Balance. You are responsible for keeping track of the available Account balance. To review the Account balance and recent transactions or obtain any other customer service at no charge, you may call 866-978-5061 anytime, twenty-four (24) hours a day, seven (7) days a week. You must have your Reload Card and license plate number when you call. Additional funds may be added to your Card, which will automatically be put into your Account. There is a flat reload fee each time you reload the Account using the Card. You will have access to the funds associated with this Card immediately after purchase.

Revocation/Cancellation. We may revoke or suspend the Account and the Toll Transponder if you fail to comply with the terms of this Agreement. In such a case, BancPass will deactivate your Toll Transponder, and you may not use the Toll Transponder to pay a toll or other charges. BancPass will notify you by text message if your account is revoked or suspended. Using a deactivated Toll Transponder may result in toll violations and the issuance of traffic citations by law enforcement. You may cancel this Agreement in writing and by closing your BancPass Account. Your termination of this Agreement will not affect any of our rights or your obligations arising under this Agreement before termination. Any remaining balance reloaded by you will be sent to you by check as long as you provide us with your name, Toll Transponder number, and address. The balance loaded by CTIO will be refunded to CTIO. A $2 fee will be applied to all refunds. The check will be mailed six (6) weeks after cancellation to allow all tolls to post.

Disclaimer of Warranties. Notwithstanding any provision in this Agreement to the contrary, BancPass makes no warranties of any kind, whether express, implied, or otherwise, regarding the Toll Transponder or your use of any Toll Facility. BANCPASS SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES, ORAL, EXPRESS, IMPLIED OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF NO DEFECT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

Liability. You are responsible for using the Toll Transponder properly and per the terms of this Agreement and Colorado law and per the terms set forth by the Toll Facility operator and for all costs associated with your Account, including, but not limited to, administrative fees and civil penalties related to a toll violation or a Toll Facility violation by any vehicle using the Toll Transponder, and any other expenses, fees, and costs allowed by law that are incurred by BancPass in the enforcement of this Agreement. You are responsible for paying the tolls and applicable charges incurred by others using your vehicle. You release BancPass, its directors, officers, employees, or agents from all loss, damage to real or personal property, injury, or death, whatsoever from the use or performance of the Toll Transponder. The sole and exclusive relief available to you shall be the replacement of a defective or malfunctioning Toll Transponder.

You agree to indemnify, protect, and hold harmless BancPass, their directors, officers, employees, or agents from liability for all loss, damage to real or personal property, injury, or death to persons arising from your use of the Toll Transponder. To the extent allowed by law, BancPass shall not be liable for any direct, incidental, indirect, special, or consequential damages, including, but not limited to, loss of use, revenues, profits, or savings and/or claims, demands, or actions against you by any person, corporation, or other legal entity resulting from your use of the Toll Transponder, the Card, and/or a Toll Facility. Even though you have a Toll Transponder, failure to collect payment electronically shall not release you of payment responsibility as otherwise required in this Agreement. In addition to any toll violation and/or Toll Facility violation that you incur, you may also be liable for any citation issued by law enforcement on any Toll Facility.

Changes to this Agreement. We may amend the terms of this Agreement at any time by posting the amended terms on our website, and any such amendment shall be effective upon such posting. BancPass will notify you anytime there are changes to this Agreement.

Out of Area Toll Facilities / Interoperability. At its sole discretion, the Toll Facility operator may refuse to accept your Toll Transponder as a payment method.

Other Terms. We respect the privacy of our customers and do not sell or share our customer list with outside marketers. You agree to comply with all applicable federal, State, and local laws, rules, regulations, and ordinances and are responsible for any fees and fines resulting from those violations. This Agreement binds the respective heirs, executors, administrators, legal representatives, successors, and assigns of each party. This Agreement shall be governed by Colorado law without regard to its conflict of laws rules or any other rules directing referral to foreign law or forums. Notwithstanding the above, the rights and remedies of BancPass under this Agreement are cumulative of one another and with those otherwise provided by law or in equity. The waiver by BancPass of a breach of any provision of this Agreement shall not be deemed a waiver of such provision on any subsequent breach of the same or any other provision of this Agreement. Any such waiver must be in writing to be effective, and no such waiver shall establish a course of performance between the parties contradictory to the terms hereof. All provisions of this Agreement are severable, and the unenforceability or invalidity of any provision will not affect the validity or enforceability of the remaining provisions. The remaining provisions will be construed to carry out the full intention of the parties. Nothing in this Agreement shall be construed as conferring upon any person, other than the parties hereto, any rights or benefits under this Agreement. The captions in this Agreement are for convenience and will not affect the interpretation of any Agreement terms. This Agreement contains the entire Agreement between you and us concerning its subject matter and supersedes all other prior and contemporaneous contracts and understandings between the parties, whether oral or written. However, if the change is made for security purposes, we can implement such change immediately, without prior notice to you and before such change may be posted to the website.

Fee Schedule.

Services with No Fee. Vehicle license plate registration within the Program, unlimited account balance inquiries, user notifications via text message of low balance (when the balance drops below $20, below $5, and below $0), or negative balance that BancPass initiates.

Reload Fee. A $2 fee will apply to each cash or credit card-based reload transaction at a retail store. A $1 fee will apply for each card-based reload transaction done using the BancPass app or the BancPass website. 

Negative Account Balance. The Participant will be notified by text message of  negative account balance. You must replenish your negative account within 30 calendar days to avoid your account being deactivated and removed from the program.

Fees for Optional Services. From time to time, users may be allowed to “opt-in” to other services offered by BancPass. BancPass will notify you of any fees applicable to optional services before users opt in. Fees for optional services will be charged to the Account when the optional service is provided.

HOV Mode. The Toll Transponder mailed to you can be used with two switchable modes – TOLL mode and HOV mode. You will only place the Toll transponder in HOV mode if you have three or more occupants in the vehicle. At all other times, the Toll Transponder must remain in TOLL mode when using any toll facility. No toll will be charged to your account in the HOV mode on a qualifying facility. Not all toll facilities qualify for HOV mode discounts. Operating a vehicle with less than the required number of occupants to qualify your vehicle for HOV status could result in ticketing for a traffic infraction.

DATA SHARING POLICY & HANDLING PERSONALLY IDENTIFIABLE INFORMATION (PII)

NETC will verify documents for proof of income, proof of residence, and valid vehicle registrations during enrollment and verification. For in-person verification, NETC will not keep records of documentation proof provided by participants. For online verification, documents will be saved on a computer with access to NETC staff only on a ‘need to know’ basis. All documents will be deleted once the enrollment/verification window is over. NETC will share the following information with CTIO and PlusPass for program administration: name, phone number, email address, mailing address, and license plate details.

BancPass will share the following data with CTIO for program evaluation and administration to determine the program budget for the subsequent year: Toll Transponder IDs associated with the Account, Account balance, Account status (active, deactivated, dormant), anonymized Express Lane trip data (trip corridor, date and time of trip, toll rate), anonymized method of replenishing Account (cash, debit, credit card). Your data will not be sold or shared with outside marketers.