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Consumer Account Agreement Important legal information, disclosures, and terms you need to know Effective April 7, 2014 Table of contents 1 2 4 Introduction 6 8 10 Dispute Resolutions 12 14 18 21 24 25 28 28 31 35 37 38 Statements & Error Notifications 39 40 41 46 48 51 54 55 57 Checking & Savings Accounts Introduction Words with special meaning Dispute resolution program: arbitration agreement Statements and error notifications Statements and other account related information Fraud prevention Claims of unauthorized transactions; the Bank’s rights and liability Checking and savings accounts Check 21 mandated consumer disclosure Deposits to your account Funds availability policy Withdrawals from your account Stop payment orders; notices of post-dating Overdrafts; security interest; the Bank’s right to setoff Checking subaccounts Form of account ownership Miscellaneous Interest-earning accounts Time Accounts (CDs) Check safekeeping and image statements Electronic banking services ATM cards and debit cards ATM linkages and designation of accounts ATM transactions and point-of-sale purchases Funds transfers Other electronic fund transfer services Liability for unauthorized electronic fund transfers Wells Fargo Phone BankSM Terms of use to Wells Fargo Mobile® Text Banking Service Index Electronic Banking Services Index i Introduction Welcome to your new account Congratulations on opening your new account We know you have many choices when selecting a financial institution, and we are glad you chose Wells Fargo We understand that you may sometimes have questions about your account and related services This document and other documents provided are collectively referred to as the “Agreement” and includes the following disclosures related to our consumer deposit accounts and related services that we have separately provided to you: • • • • • The Consumer Account Agreement The Consumer Account Fee and Information Schedule, which explains the schedule of our fees and other account related information The Privacy Policy Rate sheets for interest-earning accounts Any additional disclosures regarding your account that we may provide to you from time to time We value our relationship with you This booklet contains important information you need to know about your banking relationship with Wells Fargo You are responsible for ensuring that all authorized signers are familiar with this Agreement Unless you have submitted a request to us in writing otherwise, we may communicate information about your account to an authorized signer and may treat communications regarding your account that are received from an authorized signer as communications from you You agree to notify the Bank immediately in writing if any authorized signer’s authority has been terminated This Agreement governs your account and related services, and replaces all prior agreements with the Bank regarding them By signing the Bank’s signature card for your account or using your account or service, you will be considered to have received and agreed to this Agreement. You should retain a copy of this Agreement (and any information that the Bank provides you regarding changes to this Agreement) for as long as you maintain your account with us Terminology • • • • You, the account owner, may also be referred to as “you,” “your,” or “yours” Wells Fargo may also be referred to as “the Bank,” “we,” “us,” or “our” The companion booklet, the Consumer Account Fee and Information Schedule, may also be referred to as “Schedule” Certain words used in this booklet are defined in the Schedule’s glossary 1 Consumer Account Agreement – Effective April 7, 2014 Words with special meaning Introduction In this Agreement, certain words have a special meaning and are therefore defined You will find certain terms and their definitions will be found in this section and elsewhere in this Agreement Affiliate An affiliate is an entity, other than the Bank, that is, directly or indirectly, a wholly or substantially owned subsidiary of Wells Fargo & Company Dispute Resolutions Authorized signer An authorized signer is a person whom you have authorized to transact business on your account, whether or not such person has signed the signature card or other documentation for your account The Bank may continue to recognize your authorization or the Bank’s record of it until the Bank has received and had a reasonable time to act upon your written modification or revocation of it Available balance Statements & Error Notifications Your available balance is the most current record we have about the funds that are available for withdrawal from your account For more information, please see the section entitled “Determining your account’s available balance ” Business days Every day is a business day except Saturdays, Sundays, and federal holidays Card Checking & Savings Accounts Unless the specific context indicates otherwise, “card” includes every type of debit card (but does not include any prepaid debit card) and every type of ATM card that the Bank may periodically issue to you The debit card can also be referred to as the check card Deposited item A deposited item is an item that the Bank cashes or collects for you or accepts for deposit to your account Item Electronic Banking Services An item includes a check, substitute check, purported substitute check, electronic item, draft, demand draft, remotely created item, remotely created consumer item, image replacement document, indemnified copy, preauthorized draft, or other order or instruction for the payment, transfer, or withdrawal of funds (including a withdrawal slip or bill payment instruction), deposited item returned unpaid, automatic transfer, and electronic transaction including Automated Clearing House (ACH), Automated Teller Machine (ATM), and point-of-sale or a photocopy of any of the foregoing Item also includes any written document created or authorized in your name that would be a check or draft but for the fact that it has not been signed An item may also include a cash-in ticket or a deposit adjustment Index 2 Words with special meaning Overdraft An overdraft is any event that results in a negative balance in your account Paper item A paper item is an item that originates in tangible form Service Any service the Bank provides you Unauthorized EFT An unauthorized EFT is an electronic fund transfer (such as ATM and debit card transactions, transfers initiated by telephone, ACH debit or credit transactions) that has been made without your permission Unauthorized transaction An unauthorized transaction is a transaction that was not authorized by you, including but not limited to an erroneous or unauthorized debit It might include a missing signature, an unauthorized signature, or an alteration, or otherwise a transaction that was not authorized by you 3 Consumer Account Agreement – Effective April 7, 2014 Dispute resolution program: arbitration agreement This part constitutes the arbitration agreement between you and the Bank Introduction Binding arbitration Dispute Resolutions If you have a dispute with the Bank, and you are not able to resolve the dispute informally, you and the Bank agree that upon demand by either you or the Bank, the dispute will be resolved through the arbitration process as set forth in this part A “dispute” is any unresolved disagreement between you and the Bank It includes any disagreement relating in any way to services, accounts or matters; to your use of any of the Bank’s banking locations or facilities; or to any means you may use to access your account(s) It includes claims based on broken promises or contracts, torts, or other wrongful actions It also includes statutory, common law, and equitable claims “Disputes” include disagreements about the meaning, application or enforceability of this arbitration agreement This arbitration agreement shall survive any termination of your account(s) YOU AGREE THAT YOU AND THE BANK ARE WAIVING THE RIGHT TO A JURY TRIAL OR TRIAL BEFORE A JUDGE IN A PUBLIC COURT. Statements & Error Notifications As the sole exception to this arbitration agreement, you and the Bank retain the right to pursue in small claims court any dispute that is within that court’s jurisdiction If either you or the Bank fail to submit to binding arbitration following lawful demand, the party so failing bears all costs and expenses incurred by the other in compelling arbitration Arbitration procedure; severability You or the Bank may submit a dispute to binding arbitration at any time, regardless of whether a lawsuit or other proceeding has been previously commenced Checking & Savings Accounts NEITHER YOU NOR THE BANK SHALL BE ENTITLED TO JOIN OR CONSOLIDATE DISPUTES BY OR AGAINST OTHERS IN ANY ARBITRATION, OR TO INCLUDE IN ANY ARBITRATION ANY DISPUTE AS A REPRESENTATIVE OR MEMBER OF A CLASS, OR TO ACT IN ANY ARBITRATION IN THE INTEREST OF THE GENERAL PUBLIC OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. Each arbitration, including the selection of the arbitrator(s) shall be administered by the American Arbitration Association (AAA), or such other administrator as you and the Bank may mutually agree to (the AAA or such other mutually agreeable administrator to be referred to hereinafter as the “Arbitration Administrator”), according to the Commercial Arbitration Rules and the Supplemental Procedures for Consumer Related Disputes (“AAA Rules”) To the extent that there is any variance between the AAA Rules and this Arbitration Agreement, this Arbitration Agreement shall control Arbitrators must be members of the state bar where the arbitration is held, with expertise in the substantive laws applicable to the subject matter of the dispute No arbitrator or other party to an arbitration proceeding may disclose the existence, content or results thereof, except for disclosures of information by a party required in the ordinary course of its business or by applicable law or regulation The parties agree that in this relationship: (1) The parties are participating in transactions involving interstate commerce; (2) The arbitrator shall decide any dispute regarding the enforceability of this arbitration agreement; and (3) This agreement and any resulting arbitration are governed by the provisions of the Federal Arbitration Act (Title 9 of the United States Code), and, to the extent any provision of that act is inapplicable, unenforceable or invalid, the laws of the state that govern the relationship between you and the Bank If any of the provision of this arbitration agreement dealing with class action, class arbitration, private attorney general action, other representative action, joinder, or consolidation is found to be illegal or unenforceable, that invalid provision shall not be severable and this entire arbitration agreement shall be unenforceable Electronic Banking Services Index 4 Dispute resolution program: arbitration agreement Rights preserved This arbitration agreement does not prohibit you or the Bank from exercising any lawful rights or using other available remedies to preserve, or obtain possession of property; exercise self-help remedies, including setoff rights; or obtain provisional or ancillary remedies such as injunctive relief, attachment, garnishment or the appointment of a receiver by a court of competent jurisdiction All statutes of limitations applicable to any dispute apply to any arbitration between you and the Bank The provisions of this arbitration agreement shall survive termination or amendment of the deposit relationship or any other relationship between you and the Bank Fees and expenses of arbitration Arbitration fees shall be determined by the rules or procedures of the arbitration administrator, unless limited by applicable law Please check with the arbitration administrator to determine the fees applicable to any arbitration you may file If the applicable law of the state in which you opened your account limits the amount of fees and expenses to be paid by you, then no allocation of fees and expenses to you shall exceed this limitation Unless inconsistent with applicable law, each of us shall bear the expense of our own attorney, expert and witness fees, regardless of which of us prevails in the arbitration 5 Consumer Account Agreement – Effective April 7, 2014 Statements and other account related information Mailing statements and other account related information to you • • If your account is in a combined statement, your statement is sent to the address associated with the first account (master account) in the combined statement Mailed account related information will be deemed to have been delivered the second business day following the day account related information was mailed Account related information held for pick up or made available electronically will be deemed to have been delivered when the Bank makes it available to you Dispute Resolutions • Introduction Except as expressly provided otherwise in this Agreement, the Bank will mail, send electronically, or otherwise make available to you statements for your account, notices and other information regarding your account or any service (collectively “account related information”) to the postal or electronic address of the owner as reflected in the Bank’s records for your account If there is more than one owner on your account, the Bank may send account related information to any one of them Statements & Error Notifications If there are co-owners on the account, then the co-owner receiving the account related information shall be responsible for providing copies of all account related information to all co-owners of the account, and for combined statements, to co-owners of any other accounts included in the combined statement If the account owner has advised us to give the account related information to an authorized signer, then the authorized signer is responsible for providing copies to all account owners Your obligation to review statements and account related information and to notify bank of errors Except as expressly provided otherwise in this Agreement: • • Checking & Savings Accounts • You agree to promptly and carefully examine account related information and to promptly notify the Bank of and reimburse the Bank for any erroneous credit to your account Within 30 days after the Bank mails or otherwise makes account related information available to you, you must notify the Bank of any claim for credit or refund due to an unauthorized transaction Within six months after the Bank mails or otherwise makes the account related information available to you, you will notify the Bank of any claim for credit or refund resulting from a forged, unauthorized, or missing endorsement Electronic Banking Services Such notification is to be made by: • • Calling the telephone number listed on the statement for your account or in the other account related information for such purpose Submitting a written report to the Bank as soon as possible, but in any event, within the time frames specified above If you fail to notify the Bank within the time frames specified above, the balance shown on the statement for your account or other account related information will be conclusively presumed to be correct and the Bank will be released from all liability for the items charged to your account and for all other transactions or matters covered by the statement or other account related information. Index 6 Statements and other account related information In addition, if you fail to notify the Bank of an unauthorized transaction on your account within 30 days after the Bank mails, sends electronically, or otherwise makes available to you the statement or other account related information containing information describing the unauthorized transaction, the Bank will not be liable to you for any unauthorized transactions committed by the same person on your account that could have been prevented if you had complied with your obligations under this subsection If you notify the Bank of any claim for credit or refund later than required by this subsection, the Bank will assert on your behalf any claim against a third party that the Bank determines in the Bank’s sole discretion is permitted under the laws governing your account Combined statements The Bank will automatically provide to you a statement reflecting your account activity for each statement period To reduce the number of statements you receive each month, the Bank may combine statements if you have more than one deposit account If you do not want your account automatically combined by the Bank, you can opt-out by going into a bank location or calling the number on your statement Returned, unclaimed account related information Unless otherwise prohibited by the laws governing your account, this subsection applies if two or more account related information documents are returned or in the case of online statement email notifications the email notice is returned undeliverable The Bank may consider your account to be “inactive ” This means the Bank may discontinue sending and destroy account related information sent to you until you provide a valid postal or electronic address to the Bank Address changes for Bank statements and other account related information You may instruct the Bank to change the address to which the Bank mails or emails account related information concerning your account at any time If you are in a combined statement, any owner of the first account (master account) can change the address of all accounts included in the combined statement The Bank may act on any such instruction purportedly made on your behalf within a reasonable time after the Bank receives such instruction Unless you instruct the Bank otherwise, the Bank may, in its sole discretion, change the postal or electronic address only for the account(s) you specify or for all or some of your other account(s) with the Bank The Bank may change your postal or email address of record if it receives an address change notice from the U S Postal Service or if the Bank receives information from another party in the business of providing correct address information that the address in the Bank’s records no longer corresponds to your address Notices and other mail Any notice you send the Bank will not be effective until the Bank actually receives it and has a reasonable opportunity to act on it Contacting you regarding servicing and/or collections You agree, in order for us to service your account or to collect any amounts you owe, we may from time to time make calls and/or send text messages to you at any telephone number(s) associated with your account, including wireless telephone numbers that could result in charges to you The manner in which these calls or text messages are made to you may include, but is not limited to, the use of prerecorded/artificial voice messages and/or an automatic telephone dialing system You further agree that, in order for us to service your account or to collect any amounts you owe, we may send e-mails to you at any e-mail address you provide to us 7 Consumer Account Agreement – Effective April 7, 2014 Statements and other account related information Copies of cancelled paper item Introduction You can order a copy of a cancelled paper item by calling the Bank at the number provided on the statement for your account. When ordering a copy of a cancelled paper item, you need to give the Bank your name, account number, paper item number, paper item amount, and posting date of the paper item as shown on the statement for your account. The copy you request will be mailed or otherwise provided to you. Dispute Resolutions Fraud prevention Fraud prevention guidelines To help prevent check fraud and other criminal activities against you, we strongly encourage you to comply with the following fraud prevention guidelines. • • • • • • • • • Electronic Banking Services • • • • Checking & Savings Accounts • Statements & Error Notifications • Do not preprint your driver’s license or Social Security number (SSN) on your checks Call the Bank at the number listed on the statement for your account immediately if your new checks do not arrive within 10 business days of your order Call the Bank immediately if there are discrepancies you cannot explain on the statement for your account, or if you do not receive your statement or an ordered ATM card Store blank and cancelled check copies in a safe place. Remember that your checks provide access to your account. Even blank and cancelled checks have information on them that someone could use to obtain funds from your account. Notify the Bank immediately if any check is lost or stolen. Do not leave any outgoing mail containing checks in an unlocked mail collection box or in your residence mailbox. Whenever possible, deposit this type of mail in the designated slots inside your local post office. Thoroughly destroy unused deposit slips, transaction receipts, cancelled checks, and statements for your account before discarding them Notify the Bank immediately if any form of identification, your checkbook, or any blank checks are missing, lost or stolen. “Identity theft” is on the rise. Write your checks in ink and fill in all lines completely Write your checks carefully. Make sure that your numbers are readable and that they begin as far to the left side of the line as possible so someone cannot easily insert additional numbers. Sign your checks clearly, as illegible signatures are more easily forged Do not give anyone permission to sign your name on checks Do not give anyone a pre-signed, blank check Do not provide account information, including account numbers or Personal Identification Numbers (PINs), to callers, even if they claim to be Bank representatives Use tamper-resistant checks at all times. If you do not order your checks through the Bank, ask your check vendor about checks with special security features Keep accurate records. You can avoid many fees to your account by keeping an accurate record of your account balance. The statement for your account provides space for you to balance your account for each statement period. Remember to record any transaction you make at an ATM, or by telephone or online. Also remember to record any point-of-sale transaction or automatic payment from your account. Index 8 Fraud prevention Lost or stolen paper items; unauthorized items If any of your unissued paper items have been lost or stolen, or if someone is issuing unauthorized paper items against your account, or unauthorized items occur against your account, you agree to immediately notify the Bank To the extent you fail to notify the Bank within the time frames specified in the section titled “Your obligation to review statements and account related information and to notify Bank of errors,” the Bank will be relieved of any liability for such paper items, and unauthorized items. Upon receipt of any such notice, the Bank may, at its sole discretion, and without any liability to you take one or more of the following actions: • • • Close your account and open a new account for you Dishonor any paper item you have indicated may have been lost or stolen Pay any paper item presented for payment on your account, provided you have instructed the Bank to pay such paper item, and given the Bank the number of that paper item If the Bank does open a new account for you and you have authorized any other party to automatically make regular deposits to or withdrawals from your account (such as wire or electronic payment transfers), the Bank shall have no liability to you if you do not receive any regularly scheduled deposit or if a regularly scheduled payment is not made for you due to your failure to notify that other party in a timely fashion of the number of your new account 9 Consumer Account Agreement – Effective April 7, 2014 Claims of unauthorized transactions; the Bank’s rights and liability Introduction Investigation by the Bank; your agreement to cooperate The Bank shall investigate any transactions you have reported to the Bank as unauthorized (a “claim of unauthorized transaction”) You agree to: • Dispute Resolutions • • • Submit your claim of unauthorized transaction in writing to the Bank by completing a declaration under penalty of perjury describing your claim of unauthorized transaction (in an affidavit form approved by the Bank, if so requested) File a police report Complete and return to the Bank any documents requested of you In all respects, cooperate fully with the Bank in its investigation of your claim of unauthorized transaction Statements & Error Notifications The Bank shall have the right to reverse any credit made to your account if you fail to sign such documents, cooperate fully with the Bank’s investigation of your Claim of unauthorized transaction or the Bank’s efforts to recover funds related to your Claim of unauthorized transaction or if the Bank determines that the transaction that gave rise to your Claim of unauthorized transaction was proper Standard of care Checking & Savings Accounts The Bank will meet its standard of care for your account, provided the Bank exercises ordinary care in the transaction at issue When the Bank takes an item for processing by automated means, “ordinary care” does not require that the Bank examine the item In all other cases, “ordinary care” requires only that the Bank follow standards that do not vary unreasonably from the general standards followed by similarly situated banks The Bank’s policies and procedures are general internal guidelines and do not establish a higher standard of care for the Bank than is otherwise established by the laws governing your account If the Bank waives any of its rights as to you or your account on one or more occasions, it will not be considered a waiver of the Bank’s rights on any other occasion Limitation of liability; indemnification Electronic Banking Services WHETHER IN CONNECTION WITH YOUR ACCOUNT OR A SERVICE, IN NO EVENT WILL EITHER YOU OR THE BANK, OR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS, SHAREHOLDERS, OR AGENTS BE LIABLE TO THE OTHER PARTY FOR ANY SPECIAL, CONSEQUENTIAL, INDIRECT OR PUNITIVE DAMAGES, WHETHER ANY CLAIM IS BASED ON CONTRACT OR TORT OR WHETHER THE LIKELIHOOD OF SUCH DAMAGES WAS KNOWN TO EITHER PARTY The foregoing limitation of liability will not apply where expressly prohibited by the laws governing your account The Bank will not have any liability to you if there are insufficient available funds in your account to pay your items due to actions taken by the Bank in accordance with this Agreement Except to the extent that the Bank fails to exercise “ordinary care” or breaches this Agreement, you agree to indemnify and hold the Bank and its affiliates, officers, directors, employees, consultants, shareholders, and agents harmless from all claims, demands, losses, liabilities, judgments, and expenses (including attorney fees and legal expenses) arising out of or in any way connected with performance under this Agreement You agree that this indemnification will survive termination of this Agreement Index 10 Claims of unauthorized transactions; the Bank’s rights and liability Adverse claims If any person or entity makes a claim against funds in your account, or if the Bank believes that a conflict exists between or among the owners on your account or that there is a dispute over matters such as the ownership of your account or the authority to withdraw funds from your account, the Bank, without any liability to you, may take one or more of the following actions: • • • • • Continue to rely on the signature card(s) for your account Honor the claim upon receipt of evidence satisfactory to the Bank to justify such claim Freeze all or a part of the funds in your account until the dispute is resolved to the Bank’s satisfaction Close your account and send a check for the available balance in your account payable to you or to you and each claimant Pay the funds into an appropriate court The Bank may charge your account for expenses (including attorney’s fees and expenses) and fees the Bank incurs Legal process The Bank may accept and act on any legal process that it believes is valid, whether served in person, by mail, or by electronic notification, at any location of the Bank “Legal process” includes a levy, garnishment or attachment, tax levy or withholding order, injunction, restraining order, subpoena, search warrant, government agency request for information, forfeiture, seizure, or other legal process relating to your account Any such legal process is subject to the Bank’s security interest and right of setoff The Bank will not notify you of a grand jury subpoena affecting you or your account Any fees or expenses (including attorney’s fees and expenses) the Bank incurs in responding to any such legal process may be charged against any account you maintain with the Bank “Freezing” your account As part of the Bank’s loss prevention program, when the Bank suspects that irregular, unauthorized, or unlawful activities may be involved with your account, the Bank may “freeze” (or place a hold on) the balance in your account (and in other accounts you maintain with the Bank) pending an investigation of such suspected activities If the Bank freezes your account, the Bank will give any notice required by the laws governing your account Acts beyond the control of the Bank Neither you nor the Bank shall be deemed to be in default of any of the obligations required to be performed under this Agreement if the performance thereof is delayed, hindered, or becomes impossible because of any act of God or public enemy, hostilities, war (declared or undeclared), guerilla activities, terrorist activities, act of sabotage, blockade, earthquake, flood, land slide, avalanche, tremor, ground movement, hurricane, storm, explosion, fire, labor disturbance, riot, insurrection, strike, accident, civil commotion, epidemic, act of government or its agencies or officers, power interruption or transmission failure, or any cause beyond the control of you or the Bank 11 Consumer Account Agreement – Effective April 7, 2014 Check 21 mandated consumer disclosure IMPORTANT INFORMATION ABOUT YOUR CHECKING ACCOUNT Introduction Substitute checks and your rights What is a substitute check? Dispute Resolutions To make check processing faster, federal law permits banks to replace original checks with “substitute checks.” These checks are similar in size to original checks with a slightly reduced image of the front and back of the original check The front of a substitute check states: “This is a legal copy of your check You can use it the same way you would use the original check ” You may use a substitute check as proof of payment just like the original check Some or all of the checks that you receive back from the Bank may be substitute checks. This notice describes rights you have when you receive substitute checks from the Bank The rights in this notice do not apply to original checks or to electronic debits to your account However, you have rights under other laws with respect to those transactions What are your rights regarding substitute checks? Statements & Error Notifications In certain cases, federal laws provide a special procedure that allows you to request a refund for losses you suffer if a substitute check is posted to your account (for example, if you think that the Bank withdrew the wrong amount from your account or that the Bank withdrew money from your account more than once for the same check) The losses you may attempt to recover under this procedure may include the amount that was withdrawn from your account and fees that were charged as a result of the withdrawal (for example, bounced check fees) Checking & Savings Accounts The amount of your refund under this procedure is limited to the amount of your loss or the amount of the substitute check, whichever is less You also are entitled to interest on the amount of your refund if your account is an interest-earning account If your loss exceeds the amount of the substitute check, you may be able to recover additional amounts under other laws If you use this procedure, you may receive up to $2,500 of your refund (plus interest if your account earns interest) within 10 business days after the Bank received your claim and the remainder of your refund (plus interest if your account earns interest) not later than 45 calendar days after the Bank received your claim Electronic Banking Services The Bank may reverse the refund (including any interest on the refund) if we later are able to demonstrate that the substitute check was correctly posted to your account Index 12 Check 21 mandated consumer disclosure How do you make a claim for a refund? If you believe that you have suffered a loss relating to a substitute check that was posted to your account, please contact the Bank at 1-800-869-3557 You must contact the Bank within 40 calendar days of the date that the Bank mailed (or otherwise delivered by a means to which you agreed) the substitute check in question or the statement for your account showing that the substitute check was posted to your account, whichever is later The Bank will extend this time period if you were not able to make a timely claim because of extraordinary circumstances Your claim must include: • • • • A description of why you have suffered a loss (for example, you think the amount withdrawn was incorrect) An estimate of the amount of your loss An explanation of why the substitute check you received is non-sufficient to confirm that you suffered a loss A copy of the substitute check or the following information to help the Bank identify the substitute check: the check number, the name of the person to whom you wrote the check, and the amount of the check Special notice for check return customers Your account statement will provide information to inform you that a substitute check has posted to your account The Bank will grant you rights described above in this notice concerning substitute checks as though you received a substitute check in the statement cycle describing the posting of it 13 Consumer Account Agreement – Effective April 7, 2014 Deposits to your account General Introduction Unless otherwise agreed in writing, the Bank may, without inquiry, accept a deposit to your account at any time, from any party, made in any manner, including without limitation, a deposit based on an image of an item The Bank may also refuse to accept all or any part of any deposit The Bank may require that you deposit an item that is made payable to you to your account, instead of permitting you to cash the item Also review the “Funds availability policy” Dispute Resolutions Collection items Upon notice to you, the Bank may, in its sole discretion, handle a paper item as a collection item, instead of as a deposit This means that the Bank sends the item to the issuer’s bank for payment and credits your account when the Bank receives payment for the item Material appearing on the back of items; check legends Statements & Error Notifications You are responsible for losses incurred by any person that cashes or accepts your paper items for deposit, if: (i) the loss is due to a delay in the return of the item; and (ii) the delay is caused by material appearing on the back of the item when it was issued or transferred by you This material may include, but is not limited to, carbon bands, blacked out areas, and printed or written text or numbers You are responsible for all losses, claims, damages or expenses (including attorney’s fees and expenses) that result from a restrictive legend or notation on your paper items Endorsements Checking & Savings Accounts This subsection applies if the endorsement is necessary for the transfer or negotiation of the item You authorize the Bank to supply your endorsement on any item that the Bank takes for collection, payment, or deposit to your account You also authorize the Bank to collect any unendorsed item that is made payable to you without first supplying your endorsement, provided the item was deposited to your account The Bank may refuse to pay or cash any item or accept any item for deposit or collection unless it is able to verify to its satisfaction that all of the necessary endorsements are present on the item For example, the Bank may require that all endorsers be present at the time that an item is presented to the Bank for payment or encashment or accepted for deposit or collection Electronic Banking Services If you issue a check that contains a carbon band, printing, endorsements or other material on the back of the check outside the area extending 1½ inches from the trailing edge of the check, that material could also interfere with endorsements by banks and cause delays in returning the check Similarly, if you or a prior endorser signs, stamps or affixes an endorsement to a check for deposit which is outside of the area extending 1½ inches from the trailing edge of a check, that material could also interfere with endorsements by banks and cause delays in returning the check Therefore, you agree that (1) the Bank shall not be liable to you for and (2) you will indemnify and hold the Bank harmless from any and all claims, loss, costs and expenses (including without limitation reasonable attorneys’ fees and the costs of litigation) that the Bank or you may incur as a result of the late return of a check caused by carbon band, printing, endorsements or other material on the back of any check drawn on or deposited to your account that extend outside the area extending 1½ inches from the trailing edge of the check The trailing edge is defined as the left side of the check when viewing it from the front Index 14 Deposits to your account Checks bearing notations Although we are not obligated to, we may pay or accept checks and other items bearing restrictions or notations (for example, “Void after six months,” “Void over $50,” “Payment in Full”), whether on the front or back, in any form or format If you cash or deposit an item or write a check with such a notation, you agree that it applies only between you and the payee or maker The notation will have no effect on us, and you agree to accept responsibility for payment of the item You agree to indemnify, defend and hold harmless the Bank, its affiliates, officers, directors, employees, consultants, shareholders, and agents from all losses, claims, damages or expenses, (including attorney’s fees and expenses) we incur, in connection with any maker or payee involving such notations, whether you are the maker or payee or the funds are otherwise deposited into an account which you have an interest Breach of warranties If you breach any warranty that you make with the Bank or under the laws governing your account with respect to any item, you shall not be released or otherwise discharged from any liability for such breach so long as the Bank notifies you of the breach within 120 days after the Bank learns of the breach If the Bank fails to notify you within this 120-day period, you shall be released from liability and discharged only to the extent that the Bank’s failure to provide you notice within such time period caused a loss to you When deposits are credited to your account All over-the-counter deposits or ATM deposits to your account which are received before the Bank’s established cutoff time on any business day will be credited (and will be considered deposited) to your account as of the close of business that day, and will be reflected in that day’s ledger balance for your account All other deposits will be processed in accordance with the written agreements governing such deposits or, if there is no written agreement, banking practice All deposits received after the Bank’s established cutoff time on a business day or at any time on a day which is not a business day will be credited (and will be considered deposited) to your account at the end of the next business day Deposits at Bank The Bank’s funds availability policy describes when funds deposited to your checking or savings account will be available to be used for all purposes The Bank may change its collection schedule and funds availability policy from time to time, and provide any notice required by law Deposits at affiliates You may make deposits at an affiliate, provided the affiliate agrees If you make a deposit at an affiliate, the availability of the deposit for withdrawal will be described in the affiliate’s funds availability policy 15 Consumer Account Agreement – Effective April 7, 2014 Deposits to your account Deposits of non-U S items Introduction The Bank may refuse to accept for deposit or collection an item that is payable in currency other than U S dollars or an item that is not drawn on a financial institution chartered in the U S (each, a “non-U S item”) If the Bank accepts any such item for deposit or collection, you accept all risk associated with foreign currency fluctuation (exchange rate risk) and with any late return of the item You agree that the Bank may use the Bank’s current buying and selling rate, as applicable when processing a non-U S item and may recover from any account you maintain with the Bank any loss incurred by the Bank as a result of its processing such an item for you The Bank reserves the right to place longer holds on non-U S items than the time frames specified in the Bank’s funds availability policy Dispute Resolutions Acts and omissions of other financial institutions When the Bank cashes, collects, or accepts a deposited item, the Bank is not liable for the insolvency, neglect, misconduct, mistake, or default of another bank or person, or for the loss or destruction of a paper item or notice of nonpayment in transit or in the possession of others If a deposited item is lost or misrouted during the collection process or its subsequent return: • • Statements & Error Notifications • The Bank shall have no responsibility to you for the actions or inactions of any collecting or returning bank The Bank may charge your account for the amount of the deposited item (and reverse any interest that may have accrued to your account in connection with the deposited item) You agree to cooperate with the Bank in recreating the deposited item Deposited items returned • The deposited item is returned in accordance with the laws governing your account or rule (including a clearing house rule) The Bank has received a breach of warranty claim in connection with the deposited item Electronic Banking Services • Checking & Savings Accounts The Bank has the right to charge back to or otherwise debit any account(s) you maintain with the Bank for any deposited item that is returned (assess any associated fees and to reverse or recover any associated interest that may have accrued), even if you have made withdrawals against it This right of charge back or debit is not affected by the expiration of any applicable midnight deadline, provided the Bank does not have actual knowledge that such deadline has expired or, having such knowledge, the Bank concludes that: The Bank has the right to pursue collection of such deposited item, even to the extent of allowing the payor bank to hold the deposited item beyond the midnight deadline in an attempt to recover payment The Bank may, without notice to you, redeposit a returned deposited item and represent it for payment by any means (including electronic means), unless the Bank has received instructions from you not to redeposit such deposited item The Bank will have no liability for taking or failing to take any action to recover payment of a returned deposited item Index If one of your deposited items is returned with a claim that there is a breach of warranty (for example, that it bears a forged endorsement or is altered in any way), the Bank may debit your account for the amount of the item (plus any associated fees) and pay the amount to the claiming party The Bank is under no duty to question the truth of the facts that are being asserted, to assess the timeliness of the claim, or to assert any defense The Bank need not give you any prior notification of its actions with respect to the claim You agree to immediately repay any overdrafts. The Bank may create substitute checks from your deposited items to facilitate the forward collection of such items Certain features of a 16 Deposits to your account deposited item (such as security features) impair the quality of the substitute check that the Bank creates You agree to indemnify and hold the Bank and its affiliates, officers, directors, employees, consultants, shareholders, and agents harmless from all claims, demands, losses, liabilities, judgments, and expenses (including attorney’s fees and expenses) arising out of or in any way connected with such substitute check, including without limitation, any claim based on image quality of such substitute check Direct deposits returned by the Bank If, in connection with a direct deposit plan, funds are deposited to your account and later returned to the originator, the Bank has the right to deduct the amount from that or any other account you have, without prior notice and at any time, except as prohibited by the laws governing your account The Bank may also use any other legal remedy to recover the amount Reconstructing lost or destroyed deposited items If a deposited item is lost or destroyed during processing or collection (either at the Bank or at another point in the payments system), you agree to cooperate fully with the Bank to reconstruct the deposited item by promptly: • • • Providing the Bank with a copy of the front and back of the deposited item from your or the issuer’s records Asking the issuer to place a stop payment on it (at the Bank’s expense) and issue a replacement item to you (if the deposited item has not been paid) Reviewing your records and other information and conducting any additional research as may be reasonable to determine the issuer’s identity (if you do not know the identity of the issuer of the deposited item) If you fail to cooperate with the Bank, at anytime without advance notice to you the Bank may reverse or otherwise adjust any credit made to your account for a lost or destroyed deposited item 17 Consumer Account Agreement – Effective April 7, 2014 Funds availability policy Introduction The Bank’s policy is to make funds from your check deposits to your checking or savings account (in this policy, each an “account”) available to you on the first business day after the day we receive your deposit Incoming wire transfers, electronic direct deposits, cash deposited at a teller window and at a Wells Fargo ATM, and the first $200 of a day’s check deposit made through a Wells Fargo ATM will be available on the business day we receive the deposit Certain electronic credit transfers, such as those through card networks or funds transfer systems, will be available on the first business day after the day we receive the transfer Once they are available, you can withdraw the funds in cash and we will use the funds to pay checks and other items presented for payment and fees and expenses that you have incurred Dispute Resolutions Determining the day of receipt For determining the availability of your deposits, every day is a business day, except Saturdays, Sundays, and federal holidays If you make a deposit before the Bank’s established cutoff time on a business day that we are open, we will consider that day to be the day of your deposit However, if you make a deposit after our cutoff time or on a day we are not open, we will consider the deposit was made on the next business day we are open Statements & Error Notifications Cutoff times may vary by location and are posted in each store The earliest cutoff time for a store is 2:00 p m local time Cutoff time for checks deposited at a Wells Fargo ATM is 9:00 p m local time (8:00 p m in Alaska) Longer delays may apply Checking & Savings Accounts In some cases, the Bank will not make all the funds that you deposit by check available to you on the first business day after the day of your deposit Depending on the type of check that you deposit, funds may not be available until the second or third1 business day after the day of your deposit The first $200 of your deposit, however, may be available on the first or second1 business day Except as otherwise explained in this paragraph, if the Bank is not going to make all funds from your deposit available on the first business day, we will notify you at the time you make your deposit We will also tell you when the funds will be available If your deposit is not made directly to a Bank employee, or if we decide to take this action after you have left the premises, we will mail you the notice by the first business day after we receive your deposit Electronic Banking Services If you need the funds from a deposit right away, you may ask the Bank when the funds will be available In addition, funds you deposit by check may be delayed for a longer period under the following circumstances: • • • • • The Bank believes a check you deposit will not be paid You deposit checks totaling more than $5,000 on any one day You redeposit a check that has been returned unpaid You have overdrawn your account repeatedly in the last six months There is an emergency, such as failure of computer or communications equipment Index The Bank will notify you if we delay your ability to withdraw funds for any of these reasons, and we will tell you when the funds will be available The funds will generally be available no later than the seventh or eighth1 business day after the day of your deposit 18 Funds availability policy Additional rules for Opportunity Checking® and Opportunity SavingsSM accounts The Bank’s policy is to delay the availability of funds from your check deposits During the delay, you may not withdraw the funds in cash and we will not use the funds to pay checks and other items presented for payment and fees and expenses that you have incurred Determining the availability of a deposit The length of the delay is counted in business days from the day of your deposit Every day is a business day except Saturdays, Sundays, and federal holidays If you make a deposit before the Bank’s established cutoff time on a business day that we are open, we will consider that day to be the day of your deposit However, if you make a deposit after our cutoff time or on a day we are not open, we will consider that the deposit was made on the next business day we are open The length of the delay varies depending on the type of deposit and is explained below Same-day availability Funds from incoming wire transfers, electronic direct deposits, and cash deposited at a teller window will be available on the business day we receive the deposit Next-day availability Funds from the following deposits are available on the first business day after the day of your deposit: • • U S Treasury checks that are payable to you Checks drawn on the Bank If you make the deposit in person to one of our employees, funds from the following deposits are also available on the first business day after the day of your deposit: • • • State and local government checks that are payable to you Cashier’s, certified, and teller’s checks that are payable to you Federal Reserve Bank checks, Federal Home Loan Bank checks, and U S Postal Service money orders, if these items are payable to you If you do not make your deposit in person to one of our employees (for example, if you mail the deposit), funds from these deposits will be available on the second business day after the day we receive your deposit Other check deposits All other check deposits are considered local checks From your deposit, $200 will be available on the first business day after the day of the deposit The remaining balance will be available on the second or third1 business day after the day of your deposit Longer delays may apply Funds you deposit by check may be delayed for a longer period under the following circumstances: • • • • • We believe a check you deposit will not be paid You deposit checks totaling more than $5,000 on any one day You redeposit a check that has been returned unpaid You have overdrawn your account repeatedly in the last six months There is an emergency, such as failure of computer or communications equipment The Bank will notify you if we delay your ability to withdraw funds for any of these reasons, and we will tell you when the funds will be available They will generally be available no later than the seventh or eighth1 business day after the day of your deposit 19 Consumer Account Agreement – Effective April 7, 2014 Funds availability policy Special rules for new accounts • • The first $5,000 of a day’s total deposits of cashier’s, certified, teller’s, traveler’s, and federal, state, and local government checks and U S Postal Service money orders made payable to you will be available on the first business day after the day of your deposit The excess over $5,000 will be available on the seventh business day after the day of your deposit Funds from all other check deposits will be available on the seventh or eighth1 business day after the day of your deposit The first $200 of a day’s total deposits of funds from all other check deposits, however, may be available on the first or second1 business day after the day of your deposit We will notify you if we delay your ability to withdraw funds and we will tell you when the funds will be available Dispute Resolutions • Introduction During the first 30 days your account is open, if we delay the availability of your deposit, the following additional special rules will apply: Holds on other funds (check cashing) Statements & Error Notifications If the Bank cashes a check for you that is drawn on another bank, we may withhold the availability of a corresponding amount of funds that are already in your account Those funds will be available at the time funds from the check we cash would have been available if you had deposited it Holds on other funds (other account) Checking & Savings Accounts If the Bank accepts a check for deposit that is drawn on another bank, we may make funds from the deposit available for withdrawal immediately but delay your ability to withdraw a corresponding amount of funds that you have on deposit in another account with us The funds in the other account would then not be available until the time periods that are described in this Policy Delays on other funds 1 Electronic Banking Services Funds from any deposit (cash or checks) into accounts domiciled in Iowa and Nebraska made at eligible non-Wells Fargo ATMs in those same states will not be available until the third business day after the day of your deposit This rule does not apply at ATMs that we own or operate All ATMs that we own or operate are identified on our machines as “Wells Fargo” The Bank may delay availability of funds by one additional business day for certain checks deposited at a Bank location in Alaska This right applies only if the check is drawn on or payable at or through a paying bank not located in Alaska Index 20 Withdrawals from your account Determining your account’s available balance Your available balance is the most current record we have about the funds that are available for withdrawal from your account In determining whether you have sufficient funds to cover a transaction, we will consider all transactions that have posted to your account, any holds that may be in place on deposits you have made, and pending transactions (such as pending debit card purchases or ATM withdrawals) that the Bank has authorized but that have not yet posted to your account Please note it is still possible for you to overdraw your account even though the available balance appears to show there are sufficient funds to cover a transaction that you want to make. The available balance does not reflect all your outstanding checks, automatic bill payments (such as ACH and recurring debit card transactions) that you have authorized, or other transactions that have not been paid from your account For example, when you write a check, the payee may not present the check to us for payment on the same day, so the outstanding check will not be reflected in your available balance Also, your available balance may not reflect all of your card transactions For example, if a merchant does not submit a one-time debit card transaction for payment within three (3) business days of authorization (or for up to thirty (30) business days for certain types of debit or ATM card transactions, including but not limited to, car rental transactions, cash transactions, and international transactions), we must release the authorization hold on the transaction The available balance will not reflect this transaction until it has been received by us and paid from your account See the section entitled “authorization holds for card transactions” for information about how authorization holds affect your available balance A one-time debit card transaction is referred to as an “everyday debit card transaction” in the document entitled Consumer Overdraft Services Finally, your available balance may not reflect the most recent deposits to your account For details on the availability for withdrawal of your deposits, see the section entitled “Funds availability policy ” Order of posting; categories of items We post transactions during our nightly processing each business day Generally, we first post deposits or incoming transfers received before the deposit cutoff time that day We then post your withdrawals (such as ATM, debit card or check transactions) that have been received for payment from your account We pay some categories (or types) of transactions, such as debit card transactions, before other types of transactions, such as checks The order in which items are posted to your account will depend upon a number of factors For example, in connection with our process of posting items, we have the right to (i) establish different categories of items, (ii) establish a posting order for each category of item(s), and (iii) establish different posting orders for items within each category Except to the extent limited by federal regulatory and judicial authorities, we have the right to change any of the factors described in (i), (ii) and (iii) listed above at any time without notice to you Establishing categories of items We group items into categories defined by us For example, we may group card transactions into one category, and group checks into another category A single category established by us may include more than one type of item Establishing a posting order for each category of item(s) We pay some categories (or types) of transactions, such as debit card transactions, before other types of transactions, such as checks Establishing a posting order of items within a single category If there are multiple transactions within a category, the order in which the transactions are posted will vary depending on the type of transaction 21 Consumer Account Agreement – Effective April 7, 2014 Withdrawals from your account For example, we will pay the most common types of transactions in the following order: Dispute Resolutions • ATM, debit card, Wells Fargo Online Bill Pay, account transfers, teller cashed checks and teller cash withdrawals – transactions will be sorted by the date the transaction was conducted For a debit card transaction, if a merchant does not seek pre-authorization from the Bank at the time of the transaction, we will use the date the transaction is received for payment from your account If there are multiple transactions on a date, those transactions will be sorted by time (where that information is available to our posting systems); the remaining transactions on that date will be sorted and paid from lowest to highest dollar amount Checks and automatic payments (also known as ACH) Introduction • All states except Nevada If there are multiple transactions, the transactions will be sorted and paid from highest to lowest dollar amount Nevada only Statements & Error Notifications If there are multiple transactions, the transactions will be sorted in sequential order if the item has a serial number Items without a serial number will be paid from highest to lowest dollar amount Relation between posting order and overdrafts/returned items Checking & Savings Accounts On any given business day, if we receive more than one item for payment and if we determine there are sufficient funds to pay one or more but not all of the items, then the number of items paid and the overdraft and returned item fees assessed could be affected by the order that we choose to post those items For example, if we post items in the order of highest to lowest dollar amount, the total number of overdraft and returned item fees you are charged could be larger than if we were to post the items in a different order Paper items presented over-the-counter for payment by a non-customer If a paper item drawn against your account is presented over-the-counter for payment by a person who does not have a deposit account at the Bank, the Bank may require identification acceptable to the Bank and not prohibited by the laws governing your account, including a fingerprint of the person presenting the paper item The Bank may dishonor the paper item if the person refuses to provide the identification the Bank requests Electronic Banking Services Large cash withdrawals and deposits If you want to cash a check (or make a cash withdrawal) for a very large sum, the Bank may require five business days advance notice so that it can order the cash from its vault The Bank may require that you provide adequate security but the Bank has no obligation to do so The Bank may also require that you arrange to pick up the cash at the Bank’s central vault or other location If you want to deposit cash for a very large amount, the Bank may, but is not obligated to, require you to provide adequate security or exercise other options to mitigate possible risks Withdrawals at affiliates Index You may make withdrawals from your account at an affiliate, provided the affiliate agrees If an affiliate cashes an item for you, the bank may place a hold on your account(s) for a corresponding amount of funds If the item is later returned to the affiliate for any reason, the Bank may debit one or more of your accounts at the Bank for the amount of the item 22 Withdrawals from your account Items resulting from your voluntary disclosure of your account number If you voluntarily disclose your account number to another person orally, electronically, or in writing, or by some other means, and the Bank determines that the context of such disclosure implies your authorization to debit your account, the Bank may treat such disclosure as your authorization to that person to issue Items drawn against your account Forgeries or missing signatures; alterations The Bank will have no responsibility for reviewing the number or combination of signatures on or with an item drawn against your account This means that if you have indicated that more than one signature is required in connection with an item drawn on your account, the Bank will have no liability to you if a transaction is conducted on or through your account contrary to the signature requirements you have specified, provided at least one of the required signatures appears on or with the item The Bank will have no liability to you for failing to detect a forgery of your signature or an alteration of one of your items, if the forgery or alteration is such that a reasonable person could not reasonably be expected to detect it Dates and special instructions on paper items The Bank may, without inquiry or liability, pay one of your paper items even though: • Special instructions written on the paper item indicate that the Bank should refuse payment (e g , “Void after 30 days,” “Paid-in-full,” or “Void over $100”) • The paper item is stale-dated (i e , it bears a date that is more than six months in the past), even if the Bank has knowledge of the date on the paper item • The paper item is post-dated (i e , it bears a date in the future) • The paper item is not dated In addition, the Bank may pay in U S dollars the amount that has been MICR-encoded on your paper item, even though you have purportedly drawn the paper item in a foreign currency Facsimile or mechanical signatures If you have elected to use a facsimile or other mechanical signature (in