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Direct Deposit Advance® Service - Terms and Conditions


Direct Deposit Advance is an open-end line of credit service provided by Wells Fargo Bank, National Association and is governed by the terms and conditions of this Agreement. In this Agreement, "you" and "your" refer to the user of the Direct Deposit Advance Service and "the bank," "we" and "our" refer to Wells Fargo Bank, National Association.
Eligibility
The Direct Deposit Advance Service is available to customers with at least one recurring electronic Direct Deposit of $100 or more every 35 days to a consumer checking account from an employer or outside agency, excluding accounts held by a minor and accounts with a representative payee. (Wells Fargo Portfolio Management Account® and Wells Fargo Electronic Transfer Accounts (ETA) are excluded.) To remain eligible, the consumer checking account with the Direct Deposit must not be frozen or under legal process (such as a garnishment order), or otherwise in default of this Agreement. An interruption in Direct Deposit income will make the account holder ineligible for the Direct Deposit Advance Service.
Advances
You may request an advance through a Wells Fargo® ATM, online banking at wellsfargo.com or through the Wells Fargo Phone BankSM at 1-800-TO-WELLS (1-800-869-3557). Advances must be in increments of $20. Each advance is deposited into the checking account receiving the Direct Deposit. An account that has a negative balance will have the advance applied to that balance before making cash available for withdrawal, if any.
Credit Limit
You may advance up to the lesser of $500 or your current advance limit in increments of $20. You may make advances as often as you like; however, your total outstanding advances may not exceed half of your monthly Direct Deposit income rounded to the nearest $100, or a maximum of $500, whichever is less. If your Direct Deposit income decreases, your credit limit may also decrease. The bank reserves the right, at any time, and upon notice when required by applicable law, to modify your credit limit based on your use of the Direct Deposit Advance Service, your handling of the funds in your checking account and other factors, at the bank's sole discretion.

Credit Limit Decrease based on Continuous Usage (effective August 13, 2004)
Because Direct Deposit Advance Service is intended to meet your short-term credit needs, you will not be permitted to make advances for more than 12 consecutive statement periods at your standard Credit Limit. If you do take advances for 12 consecutive statement periods, your Credit Limit the following statement period will be reduced by $100. If you continue to take advances, your Credit Limit will continue to decrease by $100 each statement period until it equals zero. The Credit Limit will remain at zero for one statement period during which time you will not be able to make any advances. Thereafter, your Credit Limit will be restored to an amount calculated in accordance with the previous paragraph. If you do take a break during any 12 consecutive statement periods by not using Direct Deposit Advance Service, your Credit Limit will remain at its regular calculated amount.
Fees
For every $20 that you advance, the Finance Charge will be $2. The Finance Charge will also be reflected as an Annual Percentage Rate (APR) in the Direct Deposit Advance section of your statement. The APR is a measure of the cost of credit, expressed as a yearly rate.
Repayment
You must repay each advance and related Finance Charges within 35 days through an incoming Direct Deposit. Advances and the related Finance Charges will automatically be deducted by the bank from your checking account at the time of your next Direct Deposit of $100 or more. Any amount of $100 or more that is electronically deposited directly into a consumer checking account (not through account transfer or ATM), regardless of the payment sources, will be eligible to be used as repayment of advances and related Finance Charges at the time of the deposit. If the funds from your Direct Deposit are not sufficient to cover your outstanding balance, the bank will deduct as much of the balance as possible from your checking account at that time, resulting in an unpaid Direct Deposit Advance balance. If this balance is not paid in full by the 35th day after the advance, you authorize the bank to automatically deduct this outstanding balance and Finance Charges from the funds in your checking account ("automatic repayment"). If this "automatic repayment" overdraws your account, you will not have access to the Direct Deposit Advance Service until the overdraft is paid in full, including any overdraft and other checking account service fees that may apply.
Default
You will be considered in default of this Agreement and your access to the Direct Deposit Advance Service discontinued for three statement periods under the following circumstance: an overdraft created by the bank's "automatic repayment" is not paid in full within eight days (if your account is already overdrawn at the time the "automatic repayment" takes place, the service will be discontinued for three statement periods after the "automatic repayment" and the account has been overdrawn for at least eight consecutive days (the eight consecutive days may occur before or after the "automatic repayment")). You will also be considered in default and your access to the Direct Deposit Advance Service discontinued permanently if you 1) file a bankruptcy petition or one is filed against you; 2) commit fraud or make any misrepresentation in connection with your use of the Direct Deposit Advance Service; or 3) fail to pay an outstanding advance balance after your checking account is closed.
Closure of Your Checking Account
If you close your checking account and there is an advance balance due, the bank will automatically deduct the balance due from your closing checking account balance. Even if there are insufficient funds in the checking account to cover the advance at the time the account is closed, you will still be obligated to pay the advance balance.
Change in Terms
The bank reserves the right to change the terms of this Agreement at any time with notice to you. Such changes may apply to any outstanding advances as well as to future advances. You may choose to accept changes in terms by continuing to use the Direct Deposit Advance Service or keeping your checking account open, or you may decline the change in terms by no longer using the Direct Deposit Advance Service prior to the effective date of the change or requesting that access to the service be discontinued.
Questions about Your Statements
Details of the advances you made, finance charges incurred, repayment and any outstanding balances will appear on your monthly checking account statement. If you have a question or think there is an error concerning your Direct Deposit Advance Service, you should follow the procedure outlined in the "In Case of Errors or Questions About Your Electronic Transfers" section of your Consumer Account Agreement and Safe Deposit Box Lease Terms. After the bank receives your letter or other inquiry, it cannot try to collect any amount you question, or report you as delinquent. The bank can continue to bill you for the amount you question, including Finance Charges, and it can apply any unpaid amount against your Direct Deposit Advance limit. You do not have to pay any questioned amount while the bank is investigating, but you are still obligated to pay the parts of your Direct Deposit Advance balance that are not in question.

If the bank finds that it did not make a mistake on the amount you question, it will send you a statement of the amount you owe and the date that it is due. If you fail to pay the amount that the bank thinks you owe, it may report you as delinquent. However, if its explanation does not satisfy you and you write to Wells Fargo Bank, National Association at P.O. Box 11070, Reno, Nevada 89510-1070 within 10 days telling it that you still refuse to pay, it must tell anyone it reports you to that you have a question about your bill. The bank must also tell you the name of anyone to whom it reports you and tell that person or company that the matter has been settled between the bank and you when it finally is.
Governing Law
This Agreement shall be governed by and interpreted in accordance with federal law and, to the extent state law applies, the law of South Dakota. If any provision of this Agreement is held to be invalid, the remaining provisions will remain valid and enforceable.
Please Note: Alternative forms of short-term credit exist that might be less expensive and more suitable and advantageous to you as the borrower.

The following applies to Ohio customers only:
The Ohio laws against discrimination require that all creditors make credit equally available to all credit worthy customers, and that credit reporting agencies maintain separate credit histories of each individual upon request. The Ohio civil rights commission administers compliance with this law.

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