ESIGN Consent to Use Electronic Records and Signatures

Wells Fargo · Official agreement

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13 of 31 cards in Legal Rights & Agreement Rules

Legal Rights & Agreement Rules · Context

Communications include documents you sign or submit

The defined term Communications covers disclosures, notices, agreements, fee schedules, statements, records, documents and other information Wells Fargo provides, as well as information you sign, submit or agree to at its request.

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Supporting quotations

"Communications" means each disclosure, notice, agreement, fee schedule, statement, record, document, and other information we provide to you, or that you sign, submit, or agree to at our request.

Qualifications & exceptions

  • Your signing, submission or agreement is at Wells Fargo’s request.
Also annotated in the same passage (2)

Legal Rights & Agreement Rules · Permission or license

Wells Fargo may use electronic records and signatures

Wells Fargo may choose electronic form for Communications it provides or asks you to sign or agree to, and may use and obtain electronic signatures in transactions with you. This does not override legally required paper delivery or the separate election needed for electronic tax statements.

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Supporting quotations

In our sole discretion, the Communications we provide to you, or that you sign or agree to at our request, may be in electronic form ("Electronic Records").
We may also use electronic signatures and obtain them from you as part of our transactions with you.
There are certain Communications that by law we are not permitted to deliver to you electronically, even with your consent.
We will continue to provide your tax statements on paper unless you separately elect to receive them electronically (if available).

Qualifications & exceptions

  • Some Communications must remain on paper by law.
  • Electronic tax statements require a separate election, if available.

Cross-references

Also annotated in the same passage (3)

Legal Rights & Agreement Rules · Restriction or exception

Required written notices from you generally remain on paper

If law or your agreement requires you to give Wells Fargo written notice, you must send it on paper unless another Communication specifically tells you how to deliver that notice electronically. General electronic consent alone does not replace that instruction.

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Supporting quotations

Sometimes the law, or our agreement with you, requires you to give us a written notice. You must still provide these notices to us on paper, unless we specifically tell you in another Communication how you may deliver that notice to us electronically.

Qualifications & exceptions

  • An electronic alternative must be specifically explained in another Communication.

Legal Rights & Agreement Rules · Company commitment

Legally required paper delivery may change if the law changes

Wells Fargo will keep providing Communications in writing while law bars electronic delivery. If the law later permits electronic delivery of those Communications, this consent automatically extends to them.

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Supporting quotations

There are certain Communications that by law we are not permitted to deliver to you electronically, even with your consent. So long as required by law, we will continue to deliver those Communications to you in writing. However, if the law changes in the future and permits any of those Communications to be delivered as Electronic Records, this ESIGN Consent will automatically cover those Communications as well.

Qualifications & exceptions

  • Automatic extension depends on a future change in law permitting electronic delivery.

Cross-references

Also annotated in the same passage (2)

Legal Rights & Agreement Rules · Restriction or exception

English controls even when a Spanish translation is available

Wells Fargo produces Communications in English and provides a Spanish translation when available. You agree that English always controls. Wells Fargo may be unable to service products in another language, and future Communications may be English only. If you are not fluent, it recommends an interpreter or other steps to understand the transaction before entering it and future English Communications.

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Supporting quotations

Please note, we may be unable to fulfill and service Wells Fargo Products in a language other than English. Future Communications may be in English only. If you are not fluent in English, you should consider obtaining the services of an interpreter or taking other steps to ensure you understand the transaction before entering into it and to have any future English Communications explained to you.
Our Communications are produced in English. For your convenience, we will provide a Spanish translation when available. You agree that the English version is always the controlling Communication.

Qualifications & exceptions

  • Spanish translations are provided when available.
  • The interpreter suggestion applies if you are not fluent in English.

Legal Rights & Agreement Rules · Permission or license

Electronic records can include this consent and agreement amendments

The examples of records Wells Fargo may provide electronically include this consent and its amendments, the Online Access Agreement and other Electronic Service access agreements and their amendments, and notices changing your agreements. These are examples of permitted electronic form, rather than a statement that every such document is always delivered electronically.

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Supporting quotations

Additional examples of Electronic Records covered by this ESIGN Consent include:
This ESIGN Consent and any amendments;
Our Online Access Agreement, other service or user agreements for online access to our Electronic Services, and all amendments to any of these agreements;
Notices of amendments to any of your agreements with us; and
In our sole discretion, the Communications we provide to you, or that you sign or agree to at our request, may be in electronic form ("Electronic Records").

Qualifications & exceptions

  • The list gives examples, and electronic form is discretionary.
Also annotated in the same passage (1)

Legal Rights & Agreement Rules · Permission or license

Annual privacy-policy delivery may be satisfied by website availability

You agree that Wells Fargo may meet its annual privacy-policy delivery obligation by keeping the policy available on wellsfargo.com. It may instead keep it on another website offering its Electronic Services if it gives you prior notice. This clause describes delivery, without supplying the linked policy’s privacy practices.

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Supporting quotations

You agree that we may satisfy our obligation to provide you with an annual copy of our Privacy Policy by keeping it available for review on www.wellsfargo.com, or, with prior notice to you, on another website where we offer Electronic Services.

Qualifications & exceptions

  • Use of another Electronic Services website requires prior notice.

Not stated here

  • The linked Privacy Policy's text is not supplied here; this card cannot state its data practices.

Legal Rights & Agreement Rules · Procedure

Continued use after a requirements notice reaffirms consent

If changed hardware or software requirements would create a material risk that you cannot access or retain Electronic Records, Wells Fargo will notify you of the revised requirements. Continuing to use Electronic Services after receiving notice of the change reaffirms your consent.

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Supporting quotations

If our hardware or software requirements change, and that change would create a material risk that you would not be able to access or retain your Electronic Records, we will give you notice of the revised hardware or software requirements. Continuing to use Electronic Services after receiving notice of the change is reaffirmation of your consent.

Qualifications & exceptions

  • The stated notice commitment is triggered by a material risk to access or retention.

Not stated here

  • The linked hardware or software requirements text is not supplied here; this card cannot state the revised requirements themselves.

Cross-references