ESIGN Consent to Use Electronic Records and Signatures

Wells Fargo · Official agreement

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31 of 31 cards

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)

Account & Service Control · Context

Products include present and future accounts and services

Wells Fargo Product includes every account, product or service it offers that you apply for, own, use, administer or access, now or in the future, including Electronic Services. Lists introduced with “include” or “including” give examples rather than an exhaustive set.

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Supporting quotations

"Wells Fargo Product" means each and every account, product, or service we offer that you apply for, own, use, administer or access, either now or in the future. Wells Fargo Products include Electronic Services.
The words "include" and "including," when used at the beginning of a list of one or more items, indicates that the list contains examples; the list is not exclusive or exhaustive, the items in the list are only illustrations, and the items are not the only possible items that could appear in the list.

Qualifications & exceptions

  • The product must be one Wells Fargo offers that you apply for, own, use, administer or access.
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)

Account & Service Control · User right or choice

Some Communications offer a choice of electronic or paper delivery

Electronic delivery methods are described in the Online Access Agreement and other agreements with you. For some Communications, you may choose electronic delivery, paper, or both; Wells Fargo will explain how when a choice is available. This consent does not itself supply the other agreements’ delivery methods.

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Supporting quotations

Electronic Records may be delivered to you in a variety of ways. These various delivery methods are described in our Online Access Agreement and in other agreements we may have with you from time to time. In some cases, you will be able to choose whether to receive certain Communications electronically, or on paper, or both. We will provide you with instructions on how to make those choices when they are available.

Qualifications & exceptions

  • The choice is available only in some cases.

Not stated here

  • The linked Online Access Agreement's text is not supplied here; this card cannot specify its delivery methods or the terms of other separate agreements.

Cross-references

Account & Service Control · Permission or license

Wells Fargo can still send paper after you choose electronic delivery

Wells Fargo retains sole discretion to send any Communication on paper even when you have selected electronic delivery.

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Supporting quotations

We may always, in our sole discretion, provide you with any Communication via paper, even if you have chosen to receive it electronically.

Cross-references

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)

Charges & Financial Obligations · User right or choice

Tax statements stay on paper unless you separately elect electronic delivery

Wells Fargo will continue sending tax statements on paper unless you separately elect electronic delivery, where that option is available.

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Supporting quotations

We will continue to provide your tax statements on paper unless you separately elect to receive them electronically (if available).

Qualifications & exceptions

  • The separate electronic option must be available.

Cross-references

Also annotated in the same passage (2)

Charges & Financial Obligations · User right or choice

You can request paper copies, potentially for a fee

If Wells Fargo provides an Electronic Record, you may request a paper version from the appropriate customer service unit. The related product’s statement or agreement gives the contact details and any applicable paper-copy fee. A fee may apply unless applicable law prohibits it.

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Supporting quotations

If we provide Electronic Records to you, and you want a paper copy, you may contact the appropriate customer service unit and request a paper version. You will find the appropriate contact information in the account statement or agreement for the Wells Fargo Product related to the Electronic Record. You may have to pay a fee for the paper copy unless charging a fee is prohibited by applicable law. Please refer to the applicable statement or agreement for any fee that may apply for paper copies.

Qualifications & exceptions

  • Applicable law may prohibit a paper-copy fee.

Not stated here

  • The amount of any applicable fee is in the relevant statement or agreement, not specified here.

Account & Service Control · Procedure

Assisted enrollment may require another action to affirm consent

When you use an Electronic Service through a Wells Fargo representative or its equipment, enrollment may require further action. Wells Fargo will tell you at enrollment what to do. Completing that action affirms electronic-record and signature consent. Electronic Services include present and future products accessed through internet, websites, email, messaging or apps.

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Supporting quotations

If you utilize an Electronic Service through one of our customer service representatives or using our equipment, your enrollment may not be complete until you take additional action. We will advise you, at the time of your enrollment, of any additional action you must take. If you take the required action, it is an affirmation of your consent to use Electronic Records and signatures under the terms of this ESIGN Consent.
"Electronic Service" means each and every product and service we offer that you apply for, use, administer or access using the Internet, a website, email, messaging services (including text messaging), and/or software applications (including applications for mobile or hand-held devices), either now or in the future.

Qualifications & exceptions

  • Applies when using a representative or Wells Fargo equipment; additional action may be required.
Also annotated in the same passage (1)

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)

Account & Service Control · Context

Covered records include account statements, fee notices and legal disclosures

Examples include periodic account and activity statements, disclosures and notices, fee or assessment notices such as late, overdraft, over-limit and returned-item fees, and disclosures Wells Fargo must or chooses to provide. The consent broadly covers product-related Communications, including information it provides and information you sign, submit or agree to at its request, for current or future products you apply for, own, use, administer or access. The consent’s exclusions still apply: legally barred electronic delivery stays on paper while required, and tax statements need a separate electronic election if available.

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Supporting quotations

All of the Communications related to any Wells Fargo Product, except for those excluded by the terms of this ESIGN Consent;
All of the periodic account and activity statements, disclosures and notices we provide to you concerning your Wells Fargo Products;
Any notice or disclosure regarding fees or assessments of any kind, including late fees, overdraft fees, over limit fees, and returned item fees;
Other disclosures and notices that we are legally required to provide to you, or choose to provide to you in our discretion.
"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.
"Wells Fargo Product" means each and every account, product, or service we offer that you apply for, own, use, administer or access, either now or in the future. Wells Fargo Products include Electronic Services.
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

  • Subject to the consent’s exclusions, including legally required paper delivery and the separate tax-statement election.
Also annotated in the same passage (6)

Charges & Financial Obligations · Context

Brokerage records are included, with an election for electronic tax reporting

The examples cover Wells Fargo Advisors brokerage disclosures, agreements, statements, trade confirmations, shareholder notices, prospectuses, Service Notices and Performance Reports. Tax reporting statements are included if you elect electronic delivery. This lists record types covered by consent without supplying the brokerage agreements themselves.

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Supporting quotations

Brokerage disclosures, agreements, statements, trade confirmations, tax reporting statements (if you elect electronic delivery), shareholder notices, prospectuses, Service Notices and Performance Reports regarding accounts, products and services offered by or through Wells Fargo Advisors;

Qualifications & exceptions

  • Applies to accounts, products and services offered by or through Wells Fargo Advisors.
  • Electronic tax reporting statements require an election.

Charges & Financial Obligations · Context

Investment and insurance products lack deposit guarantees and can lose principal

The notice says investment and insurance products are not FDIC-insured or insured by any federal government agency. They are not bank or bank-affiliate deposits, obligations or guarantees, and they carry investment risks including possible loss of invested principal.

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Supporting quotations

Investment and Insurance Products are:
Not Insured by the FDIC or Any Federal Government Agency
Not a Deposit or Other Obligation of, or Guaranteed by, the Bank or Any Bank Affiliate
Subject to Investment Risks, Including Possible Loss of the Principal Amount Invested

Qualifications & exceptions

  • These warnings concern investment and insurance products.

Charges & Financial Obligations · Context

Wells Fargo Advisors names two non-bank broker-dealers

Although this consent defines Wells Fargo broadly to include the bank, Advisors and current and future affiliates, its Advisors notice identifies Wells Fargo Clearing Services, LLC and Wells Fargo Advisors Financial Network, LLC as the separate registered broker-dealers using the trade name. They are non-bank Wells Fargo & Company affiliates and SIPC members.

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Supporting quotations

Wells Fargo Advisors is a trade name used by Wells Fargo Clearing Services, LLC (WFCS) and Wells Fargo Advisors Financial Network, LLC, separate registered broker-dealers and non-bank affiliates of Wells Fargo & Company, and Members
"We," "us," "our" and "Wells Fargo" means Wells Fargo Bank, N.A., Wells Fargo Advisors, and each and every current and future affiliate of Wells Fargo & Company.
SIPC

Not stated here

  • The source identifies SIPC membership but does not explain the scope of SIPC protection.
Also annotated in the same passage (3)

Charges & Financial Obligations · Context

Deposit products are offered by the FDIC-member bank

The page identifies Wells Fargo Bank, N.A. as the provider of deposit products and states that it is an FDIC member. This deposit statement is distinct from the investment and insurance risk warning.

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Supporting quotations

Deposit products offered by Wells Fargo Bank, N.A. Member FDIC.

Not stated here

  • The page does not specify deposit-insurance limits or eligibility details.

Account & Service Control · Restriction or exception

Declining electronic records for a new product leaves other consent in place

When you seek a new product, Wells Fargo may remind you of your existing consent. Choosing not to use electronic records and signatures for that new product or service does not withdraw consent for any other Wells Fargo Product.

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Supporting quotations

From time to time, you may seek to obtain a new Wells Fargo Product from us. When you do, we may remind you that you have already given us your consent to use Electronic Records and signatures. If you decide not to use Electronic Records and signatures in connection with the new product or service, your decision does not mean you have withdrawn this consent for any other Wells Fargo Product.

Cross-references

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.

Account & Service Control · Procedure

Withdrawal uses different telephone contacts by service

To withdraw consent, online-banking enrollees must call 1-800-956-4442; people not enrolled must call 1-800-869-3557. For Brokerage Services with Access Online, contact the Investment Contact Center at 1-877-879-2495. Wells Fargo accepts all relay calls, including 711, for deaf or hard-of-hearing customers.

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Supporting quotations

To withdraw your consent:
If you are enrolled in online banking, you must contact us at 1-800-956-4442.
If you are not enrolled in online banking, you must contact us at 1-800-869-3557.
For Brokerage Services with Access Online, you must contact the Investment Contact Center at 1-877-879-2495.
Deaf or Hard of Hearing Customers
We accept all relay calls, including 711.

Qualifications & exceptions

  • The brokerage contact specifically applies to Brokerage Services with Access Online.

Account & Service Control · Procedure

You must promptly update your electronic address

You must promptly notify Wells Fargo when your email or other electronic address changes. Use Wells Fargo Online to update your contact details and recorded email address. Some special products may have separate update instructions.

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Supporting quotations

You must promptly notify us of any change in your email or other electronic address. Sign on to Wells Fargo Online® to update your contact information and change the email address on record for you. There may be other, special Wells Fargo Products for which we provide separate instructions to update your email or other electronic address.

Qualifications & exceptions

  • Some special products use separate instructions.

Account & Service Control · Procedure

Electronic records require supported software, internet and email

To receive Electronic Records, you need internet access, an active email address, a supported browser and a program that accurately reads and displays PDFs, plus a computer and operating system supporting them. Browser and PDF software must be versions currently supported by their publishers. Printing and retaining paper records requires a printer; keeping electronic records requires electronic storage. Some applications may require a specific device brand or type. Wells Fargo can also discontinue software support if it considers a security or other flaw to make the version unsuitable.

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Supporting quotations

To receive Electronic Records, you must have access to:
a Current Version (defined below) of an Internet browser we support,
a connection to the Internet,
a Current Version of a program that accurately reads and displays PDF files (such as Adobe® Acrobat® Reader),
a computer and an operating system capable of supporting all of the above. You will also need a printer if you wish to print out and retain records on paper, and electronic storage if you wish to retain records in electronic form, and
an active email address.
In some cases, you may also need a specific brand or type of device that can support a particular software application, including an application intended for particular mobile or handheld devices.
By "Current Version," we mean a version of the software that is currently being supported by its publisher.
We reserve the right to discontinue support of a Current Version of software if, in our sole opinion, it suffers from a security flaw or other flaw that makes it unsuitable for use with Electronic Services.

Qualifications & exceptions

  • A printer is needed only to print and retain records on paper; electronic storage is needed to retain them electronically.
  • Specific applications may require a particular device.
  • Publisher support does not prevent Wells Fargo from withdrawing support for a version it considers unsuitable.

Not stated here

  • The linked Technical Requirements page is not supplied; the source does not name all supported browser versions.

Cross-references

Account & Service Control · Procedure

Some features require particular browser settings

You should occasionally check the Technical Requirements page for supported-software updates. Some services or features may require particular browser settings, such as enabling JavaScript or cookies. If Wells Fargo detects an improper configuration, it will notify you and advise how to update it.

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Supporting quotations

You should check the Technical Requirements page occasionally for updates on supported software. From time to time, we may offer services or features that require that your Internet browser be configured in a particular way, such as permitting the use of JavaScript or cookies. If we detect that your Internet browser is not properly configured, we will provide you with a notice and advice on how to update your configuration.

Qualifications & exceptions

  • Settings requirements apply to particular services or features.
  • Notice and advice depend on Wells Fargo detecting an improper configuration.

Security & Safeguards · Permission or license

Wells Fargo may stop supporting software it considers flawed

Wells Fargo reserves the right to stop supporting even a publisher-supported software version if, in its sole opinion, a security or other flaw makes it unsuitable for Electronic Services.

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Supporting quotations

We reserve the right to discontinue support of a Current Version of software if, in our sole opinion, it suffers from a security flaw or other flaw that makes it unsuitable for use with Electronic Services.

Qualifications & exceptions

  • The flaw must, in Wells Fargo’s sole opinion, make the version unsuitable for Electronic Services.

Cross-references

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.

Details not recorded for this card

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