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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