Legal Rights & Agreement Rules · Restriction or exception
Third-Party Website Link Disclaimer and Non-Endorsement
Wells Fargo disclaims endorsement and responsibility for the products, services, content, links, privacy policies, or security policies of third-party websites accessed via external links from wellsfargo.com.
Details
Who
Wells Fargo
What it does
does not endorse and is not responsible
What it covers
products, services, content, links, privacy policy, or security policy of this website
Why
providing link for convenience
Supporting quotations
Wells Fargo has provided this link for your convenience, but does not endorse and is not responsible for the products, services, content, links, privacy policy, or security policy of this website.
Qualifications & exceptions
Applies when entering a third-party website that Wells Fargo does not control
Not stated here
The terms and policies of third-party websites are not supplied in this agreement
Legal Rights & Agreement Rules · Procedure
Agreement Acceptance via Click-Through or Service Access
Users accept and agree to be bound by the terms and conditions of this Agreement and applicable disclosures by selecting "I Agree" or by accessing or using the Service.
Details
Who
User
What it does
accept and agree to be bound by terms and conditions
Condition
selecting "I Agree" or using or accessing the Service
Supporting quotations
By selecting "I Agree" below, or by using the Service or authorizing a person to use the Service on your behalf, you agree to the terms and conditions of this entire Agreement.
Qualifications & exceptions
Acceptance occurs either upon clicking "I Agree" or through affirmative use or access
Legal Rights & Agreement Rules · Context
Definition of Wells Fargo Operating Entities and Affiliates
Defines "We", "Us", "Our", and "Wells Fargo" to include Wells Fargo Bank, N.A., its affiliates, direct and indirect subsidiaries, successors, assigns, and Wells Fargo Advisors (encompassing Wells Fargo Clearing Services, LLC and Wells Fargo Advisors Financial Network, LLC).
Details
Who
Wells Fargo Bank, N.A. and affiliates
What it covers
definition of We, Us, Our, and Wells Fargo
Supporting quotations
Wells Fargo Bank, N.A. and any of its affiliates or direct or indirect subsidiaries, when any of them have established an Eligible Account or provided an Online Financial Service.
It also includes "Wells Fargo Advisors," which refers to Wells Fargo Clearing Services, LLC ("WFCS"), and Wells Fargo Advisors Financial Network, LLC.
Qualifications & exceptions
Applies across all provisions referencing Wells Fargo or first-person plural pronouns
Legal Rights & Agreement Rules · Context
Definition of Authorized Representative Authority
Defines an Authorized Representative as any individual possessing actual or apparent authority to take action or make decisions concerning an Eligible Account or Online Financial Service.
Details
Who
Authorized Representative
What it does
take action or make decisions with respect to an Eligible Account
Supporting quotations
A person with authority (actual or apparent) to take action or make decisions with respect to an Eligible Account or an Online Financial Service.
Qualifications & exceptions
Encompasses both actual and apparent authority to act on an account or service
Legal Rights & Agreement Rules · Context
Interpretive Rule for Non-Exhaustive Lists
Specifies that the words "include" or "including" when introducing a list indicate illustrative examples that are neither exclusive nor exhaustive.
Details
What it covers
Include or Including contractual definition
Supporting quotations
When used at the beginning of a list of one or more items, indicates that the list contains examples. The list is neither exclusive nor exhaustive, and the items in the list are intended only as illustrations.
Qualifications & exceptions
Governs contract interpretation wherever include or including appears
Legal Rights & Agreement Rules · Context
Incorporation of Website Terms of Use and On-Screen Instructions
The Agreement incorporates the Website General Terms of Use along with terms and instructions presented on screens during enrollment, activation, access, or use.
Details
What it covers
General Terms of Use and on-screen instructions
What it does
considered part of this Agreement
Supporting quotations
The Service is subject to this Agreement. The following are also considered part of this Agreement:
Terms or instructions that appear on a screen when enrolling for, activating, accessing, or using the Service.
Qualifications & exceptions
General Terms of Use and on-screen instructions form integrated parts of this Agreement
Not stated here
The text of the separately linked General Terms of Use is not supplied in this agreement
Legal Rights & Agreement Rules · Restriction or exception
Territorial Limitation to United States and Foreign Access Risk
The Service is based in and intended for use within the United States; users are prohibited from accessing it from unauthorized territories, and any access from outside the U.S. is undertaken solely at user risk and subject to compliance with local laws.
Details
Where
United States
What it does
prohibited from accessing the Service from territories where not permitted
Condition
if accessing from locations outside the United States, at own risk
Supporting quotations
The Service is based in the United States and is intended for use by customers located within the United States. We do not make any representation that the Service is appropriate or available for use outside of the United States. You are prohibited from accessing the Service from territories where the use of the Service is not permitted. If you choose to access the Service from locations outside the United States, you do so at your own risk and you are responsible for compliance with local laws and regulations.
Qualifications & exceptions
Access outside the United States is at user risk and requires local law compliance
Legal Rights & Agreement Rules · Context
Coexistence with Separate Account and Service Agreements
Separate agreements for underlying Eligible Accounts and Online Financial Services (such as deposit account or credit card agreements) continue to apply alongside this Online Access Agreement.
Details
What it covers
separate account and service agreements
What it does
continue to apply to each of those accounts or services, along with this Agreement
Supporting quotations
In addition to this Agreement, you may have a separate agreement with us for each of your Eligible Accounts and Online Financial Services. Those agreements (for example, your deposit account agreement or your credit card agreement with us) will continue to apply to each of those accounts or services, along with this Agreement.
Qualifications & exceptions
Specific account and service agreements remain in force concurrently with this Agreement
Legal Rights & Agreement Rules · Restriction or exception
Order of Precedence and Governing English Language Version
Other specific account agreements control over this Agreement in case of conflict, except that this Agreement controls regarding the Online Access Process; furthermore, the English language version controls over translations.
Details
What it covers
conflict resolution and order of precedence
Exception
Agreement controls regarding Online Access Process
Exception
English language version resolves discrepancy or conflicts
Supporting quotations
If this Agreement conflicts with or is inconsistent with another agreement with us, then the other agreement will control and take precedence, unless this Agreement specifically states otherwise. The other agreement will only control with respect to the Eligible Account or Online Financial Service it is associated with, and only to the extent necessary to resolve the conflict or inconsistency. There are two exceptions to the general rule described above: If another agreement you have with us includes terms that address the Online Access Process, this Agreement will control and take precedence in resolving any inconsistencies between this Agreement and the terms in the other agreement that address the Online Access Process. Also, the original version of this Agreement is in the English language. Any discrepancy or conflicts between the English version and any other language version will be resolved with reference to and by interpreting the English version.
Qualifications & exceptions
This Agreement controls over conflicting account agreements regarding the Online Access Process
English version governs over translations in any conflict or discrepancy
Legal Rights & Agreement Rules · Restriction or exception
Mutual and Unilateral Termination, Suspension, and Inactivity Closure Rights
Either party may terminate the Agreement or access at any time; Wells Fargo may suspend or terminate access without advance notice due to inactivity, death, agreement violations, fee non-payment, or account closure, with no obligation to reinstate.
Details
Who
Wells Fargo and User
What it does
terminate Agreement or access in whole or in part at any time
Condition
inactivity, death, agreement violation, non-payment of fees, or closing all accounts
Supporting quotations
This Agreement will be in effect from the date we accept your enrollment in the Service and at all times while you're using the Service or any Online Financial Service.
Unless otherwise required by applicable law or regulation, either of us can terminate this Agreement and/or your access to any Eligible Account or Online Financial Service through the Service, in whole or in part, at any time. For example, we may terminate your access to the Services due to inactivity, at any time. We will try to notify you in advance of any termination, but are not required to do so.
We also may terminate access upon proper notification of death.
If you violate any terms of this Agreement (including non-payment of fees under any applicable fee schedule) or any other agreement you have with us, you agree that we may suspend or terminate your access to any of your Eligible Accounts and Online Financial Services. We are not required to reinstate or re-activate your access.
If you close all your Eligible Accounts, terminate your Online Financial Services, or withdraw from the Service, we may suspend or terminate your access without prior notification. We are not required to reinstate or re-activate your access. If reinstated, the then-current terms of this Agreement will control.
Qualifications & exceptions
Termination or suspension may take effect at any time without required advance notice
Legal Rights & Agreement Rules · Restriction or exception
Section 6 Priority and Governance Over Conflicting Provisions for Bill Pay
In the event of any conflict between Section 6 and other provisions of this Agreement, Section 6 controls and takes precedence regarding Bill Pay.
Details
What it covers
Section 6 conflicts with other agreement provisions
What it does
Section 6 governs with respect to Bill Pay
Supporting quotations
If Section 6 conflicts with any other provisions of this Agreement, Section 6 governs with respect to Bill Pay.
Qualifications & exceptions
Precedence applies specifically with respect to Bill Pay
Legal Rights & Agreement Rules · Restriction or exception
New York Governing Law and UCC Article 4A for Instant Payments
Instant payments are governed specifically by New York state law, including New York Uniform Commercial Code Article 4A, without regard to conflict of laws principles.
Details
Where
state of New York
What it covers
New York UCC Article 4A
What it does
governs instant payments without regard to conflict of laws
Supporting quotations
Instant payments will be governed by the laws of the state of New York, including New York's version of Article 4A of the Uniform Commercial Code, as applicable, without regard to its conflict of laws principles.
Qualifications & exceptions
Designates New York law and Article 4A of the UCC specifically for instant payments
Legal Rights & Agreement Rules · Permission or license
User Warranties of Account Ownership, Authority, and Information Use Authorization
Users warrant ownership or authorized signer status on both Wells Fargo and external U.S. accounts, legal permission to transfer without violating third-party rights, and authorize Wells Fargo to access accounts and use submitted data to configure transfer services.
Details
Who
User
What it does
represent and warrant account ownership, authority, and accurate information
What it does
authorize and permit Wells Fargo to use submitted information to make transfers and configure service
Supporting quotations
By using the Transfer & Payments Service, you represent and warrant to us that:
You own or are an authorized signer on the Account held with us and at the non-Wells Fargo U.S. financial institution;
Your Account at the non-Wells Fargo U.S. financial institution is a United States account;
Your Account and applicable law permit transfers;
You have the right to authorize and permit us to access your Accounts to complete such fund transfers or for any other purpose authorized by this Section;
By disclosing to us and authorizing us to use Account information and complete the transfer you are not violating any third party rights; and
Information you provide to us is true, current, accurate, and complete.
You authorize and permit us to use information you submit to make transfers and to configure the Transfer & Payments Service to be compatible with the Accounts.
Qualifications & exceptions
Account at external financial institution must be a United States account
Legal Rights & Agreement Rules · Restriction or exception
Reliance on Transfer Instructions and User Liability for Instruction Errors
Wells Fargo and receiving financial institutions rely on transfer instructions sent or reasonably appearing to be sent by the user or their Authorized Representative without further authentication. Users bear full responsibility for losses from errors, ambiguities, duplicates, or fraud, and Wells Fargo may recover resulting costs.
Details
What it does
rely on instructions appearing to have been sent by user or representative
What it does
act on instructions without further confirmation or authentication steps
Condition
user accepts full responsibility for losses resulting from user errors, duplication, ambiguities, or fraud
What it does
recover costs or losses resulting from untrue, inaccurate, or incomplete information
Supporting quotations
We must rely on the information you provided, and you authorize us to act on any instruction, which has been or reasonably appears to have been sent by you or your Authorized Representative, to submit fund transfer instructions on your behalf.
We are not obligated to take any further steps to confirm or authenticate such instructions and will act on them without getting further confirmation.
If you or your Authorized Representative provide us with incorrect information or if there is any error in your instruction, we will make all reasonable efforts to reverse or delete such instructions, but you accept full responsibility for losses resulting from any of your errors, duplication, ambiguities, or fraud in the information that you or your Authorized Representative provides.
If any information you or your Authorized Representative provides is untrue, inaccurate, not current, or incomplete, without limiting other remedies, we may recover from you any costs or losses incurred as a direct or indirect result of the inaccurate or incomplete information.
Qualifications & exceptions
Wells Fargo will make reasonable efforts to reverse or delete erroneous instructions
Legal Rights & Agreement Rules · Restriction or exception
External Financial Institution Error and Delay Liability Disclaimer
Wells Fargo is not responsible for errors, delays, or problems caused by financial institutions holding non-Wells Fargo accounts unless required by law. Users' rights against external financial institutions are governed by their agreements with those institutions.
Details
What it does
not responsible for errors or delays from action/inaction of non-Wells Fargo institutions
What it does
try to assist user in resolving external institution problems
Condition
rights against external institution subject to user's agreement and complaint deadlines
Supporting quotations
We are not responsible for errors, delays, and other problems caused by or resulting from the action or inaction of financial institutions holding the non-Wells Fargo Account, unless otherwise required by law or regulation.
Although we will try to assist you in resolving any such problems, any such errors, delays, or other problems are the responsibility of the relevant financial institution.
Any rights you may have against a financial institution for such errors, delays, or other problems are subject to the terms of the agreements you have with such financial institution, including any time limits during which complaints must be made.
Qualifications & exceptions
Unless otherwise required by law or regulation
Legal Rights & Agreement Rules · Context
Cross-Reference to Section 5 Regulation E Consumer EFT Provisions
Electronic fund transfers that debit or credit a consumer checking, savings, or other asset account subject to Regulation E are governed by the EFT Provisions in Section 5 of this Agreement.
Details
Condition
EFT terms and conditions apply to transfers debiting or crediting consumer asset accounts subject to Regulation E
Supporting quotations
Please see EFT Provisions (Consumers) in Section 5 in this Agreement for terms and conditions that apply to electronic fund transfers that debit or credit a consumer checking, savings, or other asset account and are subject to Regulation E.
Qualifications & exceptions
Applies to consumer asset accounts subject to Regulation E
Legal Rights & Agreement Rules · Restriction or exception
Transfer Service Liability Exclusions and Consequential Damages Waiver
Wells Fargo excludes liability for costs, fees, losses, or indirect, special, or consequential damages resulting from debit/credit inabilities, inaccurate retrieved information, third-party charges or limitations, insufficient funds, overdraft credit limits, system failures at non-Wells Fargo institutions, or third-party causes.
Details
What it does
not liable for costs, fees, losses or indirect, special, or consequential damages
Condition
inability to debit/credit, information inaccuracy, third party charges or transfer limits
Condition
insufficient funds, exceeding overdraft limit, system failures or third party causes
Supporting quotations
We are not liable for any costs, fees, losses or indirect, special, or consequential damages of any kind incurred as a result of:
Our debit and/or credit or inability to debit and/or credit the accounts in accordance with your fund transfer instructions; or
Inaccuracy, incompleteness, or misinformation contained in the information retrieved on the accounts; or
Charges imposed by any non-Wells Fargo financial institution or by applicable law or regulation; or
Fund transfer limitations set by the non-Wells Fargo financial institutions or applicable law or regulation; or
Not enough money in your Account to make the fund transfer; or
Transfers exceeding the credit limit on a credit account linked for Overdraft Protection; or
System failures at a non-Wells Fargo financial institution and we are unable to complete the transfer; or
Third party causes, including your non–Wells Fargo financial institution.
Qualifications & exceptions
Excludes indirect, special, or consequential damages
Legal Rights & Agreement Rules · Context
Digital Wire Transfers Scope and Conflict Precedence
The Digital Wire Transfer service allows sending money online to U.S. and international accounts via Orders funding from Eligible Accounts. Section 8 terms supplement account agreements and control in case of any conflict with account agreements. Section 2(b) applies to Wire Transfers.
Details
What it does
send money online to personal and business accounts in U.S. and many countries
Condition
provisions control over account agreements with respect to Wire Transfers in case of conflict
Condition
provisions of Section 2(b) apply to Wire Transfers
Supporting quotations
The Wells Fargo digital wire transfer service ("Wire Transfers") allows you to send money online to both personal and business accounts in the U.S. and in many countries.
The following provisions supplement your applicable Wires Funding Eligible Account agreement. If there is any conflict between these provisions and your Wires Funding Eligible Account agreement, these provisions will control with respect to Wire Transfers.
You understand and agree that the provisions of Section 2(b) will apply to Wire Transfers.
Qualifications & exceptions
Section 8 controls over Wires Funding Eligible Account agreements in case of conflict
Legal Rights & Agreement Rules · Restriction or exception
Outgoing Consumer International Wires Federal Law Protections
Outgoing Consumer International Wires are subject to additional statutory protections under federal law covering liability, disclosures, cancellation rights, and error resolution procedures.
Details
Condition
additional protections under federal law for liability, disclosures, cancellation, and error resolution
Supporting quotations
Outgoing Consumer International Wires (as defined below in Section 8(l)) are subject to certain additional protections under federal law relating to liability, disclosures, cancellation rights, and error resolution procedures.
Qualifications & exceptions
Subject to federal law protections for consumer international remittances
Legal Rights & Agreement Rules · Restriction or exception
Verified Wire Order Binding Effect and Article 4A Liability Caps
Users agree to be bound by any Order verified following the Security Procedure, even if unauthorized. Wells Fargo's liability is limited to minimum damages required under UCC Article 4A, excluding exemplary, special, indirect, or consequential damages, lost profits, and attorney's fees.
Details
Condition
bound by Order verified following Security Procedure even if unauthorized
What it does
liability limited to minimum damages under UCC Article 4A
What it does
no liability for exemplary, special, indirect, or consequential damages or lost profits
What it does
no liability for attorney's fees
Condition
Section 8(b) controls as security procedure for wire transfers over Section 16(c)
Supporting quotations
You agree to be bound by any Order that Wells Fargo receives and verifies following the Security Procedure, even if the Order was not authorized by you.
You agree that we may be liable only for the minimum damages required to be paid under Uniform Commercial Code Article 4A.
In no event will we be liable for any exemplary, special, indirect, or consequential loss, damage, costs, or expense of any nature, including lost profits, even if we have been informed of the possibility of such damages, except as may be required by law or regulation.
In no event will Wells Fargo be liable for attorney’s fees.
This Section 8(b) will control as the Security Procedure with respect to Orders for Wire Transfers instead of Section 16(c) below.
Qualifications & exceptions
User bound even if order was not authorized, provided security procedure was verified
Legal Rights & Agreement Rules · Restriction or exception
Wire Execution Standard of Care and Consequential Damages Waiver
Wells Fargo is responsible only for good faith efforts and ordinary care, and is liable only for negligence or willful misconduct. Wells Fargo excludes liability for transmission methods, third-party processing failures or delays, events beyond reasonable control, consequential or punitive damages, and attorney's fees.
Details
Condition
ordinary care and good faith effort standard
Condition
liable only for negligence or willful misconduct unless prohibited by law
What it does
no liability for transmission method, third party failures, or events beyond control
What it does
complete waiver of consequential, special, punitive damages and attorney's fees
Supporting quotations
Wells Fargo is only responsible for making a good faith effort to execute your Orders and will only be responsible for performing the services specified in the provisions in Section 8 with ordinary care.
Unless prohibited by law, Wells Fargo will only be liable for its negligence or willful misconduct.
Wells Fargo will not be liable for any loss or damage due to the method of transmission selected by Wells Fargo, or a third party's, including Beneficiary's bank's failure, delay, or error in processing an Order.
Wells Fargo will not be liable for any delay or failure to perform if the delay or failure results from any cause beyond its reasonable control.
IN NO EVENT WILL WELLS FARGO HAVE ANY LIABILITY FOR CONSEQUENTIAL, SPECIAL, PUNITIVE, OR INDIRECT LOSS OR DAMAGE WHICH YOU MAY INCUR IN CONNECTION WITH THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL WELLS FARGO BE LIABLE FOR ATTORNEY’S FEES.
Qualifications & exceptions
Liable only for negligence or willful misconduct; consequential damages and attorney's fees excluded
Legal Rights & Agreement Rules · Procedure
Wire Error and Unauthorized Activity 14-Day Notice Deadline
Users must exercise ordinary care and report errors or unauthorized wire orders immediately by phone. Notice must be given within 14 days of order acceptance notice or account debit/credit notice; failure to notify within 14 days entitles Wells Fargo to retain payment.
Details
What it does
contact customer service immediately at 1-800-956-4442 (or 1-888-215-3904 for brokerage)
Condition
exercise ordinary care to identify erroneous or unauthorized orders
When
notify within 14 days of acceptance notice or account debit/credit notice
What it does
Wells Fargo entitled to retain payment if notice not provided within 14 days
Supporting quotations
If you identify any errors in an Order, or unauthorized activity on your funding account, please contact Online Customer Service immediately at 1-800-956-4442 (contact 1-888-215-3904 for issues with an Order from a brokerage account).
Wells Fargo will not be responsible for any delays in payment or additional fees caused by your failure to promptly notify us. You will exercise ordinary care to determine whether an Order accepted by Wells Fargo was either erroneous or not authorized.
In the event of an erroneous or unauthorized Order, you agree to notify us by the earlier of: (i) 14 days after you receive notice from Wells Fargo that the Order was accepted or (ii) 14 days after you receive notice that your account was debited or credited with respect to the Order.
You agree that Wells Fargo is entitled to retain payment for an Order unless you notify us within this 14-day period.
For additional terms governing Outgoing Consumer International Wires, please see Section 8(l) below.
Qualifications & exceptions
User must report errors within 14 days or Wells Fargo is entitled to retain payment
Legal Rights & Agreement Rules · Context
Outgoing Consumer International Wire Scope, Definition, and Precedence
Section 8(l) applies specifically to Orders initiated by U.S. natural persons from consumer accounts to foreign beneficiaries for personal, family, or household purposes. It excludes domestic, business, or commercial wires, and controls over conflicting agreement terms for consumer international wires.
Details
Condition
applies to orders by U.S. natural persons from consumer accounts to foreign beneficiaries for personal purposes
Condition
excludes domestic orders, non-consumer orders, and commercial/business purpose orders
Condition
Section 8(l) controls over conflicting agreement or account terms
Supporting quotations
This Section contains additional terms applicable only to Orders initiated by a natural person in the United States to transfer funds from a consumer Wires Funding Eligible Account to a Beneficiary in a foreign country for personal, family, or household purposes (each, an "Outgoing Consumer International Wire").
This Section does not apply to any Order sent to a Beneficiary in the United States, to any Order initiated by a non- consumer, or to any Order initiated by a consumer for any non-personal, non-family, or non-household purposes.
In the event of a conflict between a provision in this Section, and another provision in the Agreement or Eligible Account agreement for your Wires Funding Eligible Account, this Section 8(l) will control with respect to Outgoing Consumer International Wires.
Qualifications & exceptions
Applies only to consumer wires to foreign beneficiaries for personal, family, or household purposes; controls over conflicting terms
Legal Rights & Agreement Rules · Procedure
Consumer International Wire 180-Day Error Reporting Deadline and Required Notice Details
Users must report suspected errors regarding Outgoing Consumer International Wires within 180 days of the disclosed availability date by calling 1-855-339-6655 or contacting their banker. Failure to provide timely notice discharges Wells Fargo from liability for errors or lost interest. Reports must include user details, beneficiary information, wire confirmation number, and description of error.
Details
When
notify bank no later than 180 days after disclosed availability date
What it does
notify via wire transfers team at 1-855-339-6655 or banker
Condition
failure to notify within 180 days relieves bank of liability for errors or lost interest
What it does
provide user info, beneficiary info, date, amount, confirmation number, and error details
Supporting quotations
In the event that you believe an error has occurred with respect to an Outgoing Consumer International Wire, you must notify Wells Fargo no later than 180 days after the "availability date" (the date when funds will be available to the Beneficiary) disclosed to you.
You may notify us by calling the Wire Transfers team at 1-855-339-6655 or contact your banker.
If you fail to notify us within this time period, Wells Fargo will not be liable for any error or loss of interest or any interest equivalent relating to the erroneous transaction.
When you contact us, please tell us: (a) your name, address, and telephone number where we can reach you during business hours; (b) the Beneficiary's name and, if known, his or her telephone number and address; (c) the date, dollar amount, and transaction confirmation number of the Outgoing Consumer International Wire; and (d) the error or problem with the wire transfer, and why you believe it is an error or problem.
Qualifications & exceptions
Must notify bank no later than 180 days after disclosed availability date
Legal Rights & Agreement Rules · Company commitment
Consumer International Wire 90-Day Investigation and Resolution Procedures
Wells Fargo investigates reported errors within 90 days, corrects errors promptly, and provides results within three Business Days of completion. If no error or a different error is found, a written explanation is sent, and users may request documentation copies.
Details
When
determine error occurrence within 90 days and correct errors promptly
When
contact user with results within three Business Days of completing investigation
What it does
provide written explanation and copies of investigation documentation if no error found
Supporting quotations
Wells Fargo will determine whether an error occurred within 90 days after you contact us, and we will correct any error promptly.
We will contact you with the results within three Business Days of completing our investigation and making our determination.
If we identify that there was no error, or an error occurred that is different from the one you described, Wells Fargo will send you a written explanation. You may ask for copies of any documentation we used in our investigation.
Error determination within 90 days and results communicated within three Business Days
Not stated here
The text of the linked Consumer International Wire Error Resolution and Cancellation Rights (PDF) is not supplied in this agreement
Legal Rights & Agreement Rules · Context
Regulation E Remittance Transfer Classification and New York Governing Law
Outgoing Consumer International Wires constitute 'remittance transfers' governed by Regulation E, Subpart B, federal law, and New York state law including New York's version of UCC Article 4A without regard to conflicts of law.
Details
Condition
classified as remittance transfer under Regulation E Subpart B
Condition
governed by federal law and New York law including NY UCC Article 4A
Supporting quotations
With respect to Outgoing Consumer International Wires, such a wire is a "remittance transfer" as defined in Regulation E, Subpart B, and will be governed by the laws of the United States and, to the extent applicable, the laws of the state of New York, including New York's version of UCC 4A, without regard to its conflict of laws principles.
Qualifications & exceptions
Governed by Regulation E Subpart B, federal law, and New York UCC Article 4A
Legal Rights & Agreement Rules · Restriction or exception
Consumer International Wire Statutory Liability Limitation and Third-Party Non-Agency
Wells Fargo is liable only for statutory damages required under Regulation E, Subpart B or applicable UCC Article 4A. Except as required by Regulation E, Wells Fargo is not responsible for the acts or omissions of processors, central banks, or financial institutions, none of which are deemed Wells Fargo's agents.
Details
What it does
liable only for damages required under Regulation E Subpart B or UCC 4A
What it does
not responsible for acts or omissions of processors, central banks, or other financial institutions
Condition
third party institutions and processors not deemed agents of Wells Fargo
Supporting quotations
Except as otherwise agreed in writing, Wells Fargo is liable only for damages required to be paid as provided under Regulation E, subpart B or, to the extent applicable, UCC 4A (except as expressly modified by this Agreement).
Except as required by Regulation E, subpart B, Wells Fargo will not be responsible for the acts or omissions of any other person or entity, including but not limited to any processor, any country's central bank, or any other financial institution, and no such person or entity will be deemed Wells Fargo's agent.
Qualifications & exceptions
Liability limited to statutory damages under Regulation E Subpart B or UCC Article 4A; third parties not agents
Legal Rights & Agreement Rules · Restriction or exception
Duplicate Deposit Prohibition, User Indemnity, and Non-Alteration Warranty
Users are prohibited from duplicate scanning, negotiating, or depositing the same check or substitute check. Presenting a check more than once obligates the user to indemnify Wells Fargo against third-party claims and pay the aggregate amount, which Wells Fargo may debit from any user account. Users warrant checks are unaltered and photos accurate, and accept responsibility for data entry numerical errors.
Details
What it does
prohibited from duplicate scanning, negotiating, or depositing same check or substitute
What it does
indemnify, defend, and hold bank harmless from third-party claims resulting from duplicate deposit
What it does
debit aggregate amount from user's account or other accounts in sole discretion
Condition
ensure checks are unaltered, photos are accurate, and assume liability for numerical data entry errors
Supporting quotations
You are prohibited from duplicate scanning, negotiating, and/or depositing the same original check, or substitute of that original check, using our Mobile Deposit Service or by any other means.
If you or anyone else presents a check or substitute check for deposit more than once, in violation of this Agreement, you agree to indemnify, defend, and hold Wells Fargo harmless from and against all liability and damages that may result from any claims, suits, or demands from third parties with respect to such check or substitute check.
You understand you are responsible for the aggregate amount of any check that we have been asked to pay based on an original or substitute check that has already been deposited through the Mobile Deposit Service. We may debit any such amount from your account or any of your other account(s) you hold with Wells Fargo in our sole discretion.
You must also ensure that the checks have not been altered, and that the photos sent via the Mobile Deposit Service are an accurate depiction of the front and back of the original check to be deposited.
You are responsible for any numerical errors on deposit data entry.
Qualifications & exceptions
Indemnify Wells Fargo for duplicate presentment; bank may debit any user account in sole discretion
Legal Rights & Agreement Rules · Company practice
Mobile Deposit Compliance Audits and User Document Cooperation Duty
Wells Fargo reserves the right to periodically audit and verify user compliance with mobile deposit terms. Users agree to cooperate and produce requested information or documents at their own expense.
Details
What it does
periodically audit and verify user compliance with Mobile Deposit terms
What it does
cooperate and provide requested information or documents at user expense
Supporting quotations
We may periodically audit and verify your compliance with this Section or for any other reason in connection with the Mobile Deposit Service.
You agree to cooperate and provide information or documents at your expense as may be reasonably requested by us in the course of such audit.
Qualifications & exceptions
User must cooperate and provide documents at user's expense during periodic audits
Legal Rights & Agreement Rules · Context
Paze Card Agreement Terms Incorporation and Conflict Precedence
Card additions to Paze and Paze transactions are governed by underlying Wells Fargo card account terms and agreements. In the event of a conflict between Section 10 and card account agreements, Section 10 controls with respect to Paze.
Details
Condition
card additions and transactions subject to underlying Wells Fargo card agreements
Condition
Section 10 controls over card agreements with respect to Paze in case of conflict
Supporting quotations
You understand and agree that the addition of your eligible cards to Paze and the card transactions made through Paze are subject to the terms, conditions, and Eligible Account agreements applicable to your Wells Fargo card, which apply with the same effect and coverage.
If there is any conflict between the provisions in this Section and the terms, conditions, and Eligible Account agreements applicable to your Wells Fargo card, the provisions in this Section will control with respect to Paze.
Qualifications & exceptions
Section 10 controls over underlying card account agreements with respect to Paze
Legal Rights & Agreement Rules · Company practice
Alert Delivery Delay and External Provider Factor Disclaimers
Receipt of automatic alerts or Alerts Service notifications may be delayed or prevented by external factors affecting phone/internet providers or other circumstances outside the bank's control.
Details
Condition
receipt of automatic or service alerts delayed or prevented by external provider factors
Supporting quotations
Receipt of any of the alerts we send, whether they are automatic alerts or from the Alerts Service, may be delayed or prevented by factor(s) affecting your internet/phone provider or other circumstances.
Qualifications & exceptions
Receipt may be delayed or prevented by phone/internet provider factors
Legal Rights & Agreement Rules · Restriction or exception
Alert Liability Exclusions and Content/Delay Disclaimers
Wells Fargo disclaims liability for losses or damages arising from non-delivery, delayed delivery, erroneous delivery, inaccurate content, or user reliance on any alert. Alert information is subject to transmission delays.
Details
What it does
disclaim liability for losses arising from alert delivery failures, inaccuracies, or reliance
Condition
information in alerts subject to delays
Supporting quotations
Wells Fargo is not liable for losses or damages arising from:
Non-delivery, delayed delivery, or erroneous delivery of any alert.
Inaccurate alert content.
Your use or reliance on the contents of any alert for any purposes.
The information in any alert may be subject to certain delays.
Qualifications & exceptions
No liability for non-delivery, delays, inaccuracies, or reliance on alerts
Legal Rights & Agreement Rules · Restriction or exception
FMS Downloaded Account Information As-Is Warranty and Transmission Liability Disclaimers
Account information downloaded through Financial Management Software is provided 'as is' and 'as available.' Wells Fargo disclaims all warranties and liability regarding third-party software license compliance, accuracy, completeness, availability, timeliness, transmission errors/omissions to user computers/software, fitness for purpose, and non-infringement.
Details
Condition
downloaded information provided as is and as available
What it does
no warranties or liability for license terms compliance, accuracy, timeliness, or completeness
What it does
disclaim liability for delivery errors/omissions and disclaim fitness and non-infringement warranties
Supporting quotations
You understand and agree that, with regard to your use of Financial Management Software to use the Service or Bill Pay:
The Eligible Account information you download through your Financial Management Software is provided to you "as is" and "as available."
We make no warranties and have no liability as to:
Your access and use of your Financial Management Software according to the terms and conditions of any and all applicable license agreements with the providers of such software;
The accuracy, completeness, availability, or timeliness of the Eligible Account information, text, graphics, or other items in the Eligible Account information that you can download through your Financial Management Software;
The errors or omissions in the delivery or transmission of the Eligible Account information from us to you (and "you" includes delivery to your Financial Management Software and/or your computer); and
The download option's fitness for a particular purpose and non-infringement of any third party rights.
Qualifications & exceptions
Account info provided 'as is'; bank disclaims accuracy, delivery errors, fitness, and non-infringement warranties
Legal Rights & Agreement Rules · Restriction or exception
FMS Discouraged Payee Categories, Liability Waiver, and User Research Duty
Scheduling payments through Financial Management Software to payees outside the U.S. (including Canada), U.S. Territories, tax authorities, government agencies, or court-ordered payees is discouraged and conducted at user risk. Except as provided by law (including Section 5 consumer EFT rules), Wells Fargo disclaims liability for claims/damages from such payments, and all research and resolution for misapplied/misdirected payments is the user's sole responsibility.
Details
Condition
discouraged payees: non-US/Canada, US territories, taxes, government agencies, court orders
What it does
bank not liable for claims or damages from payments to discouraged payees
What it does
user solely responsible for research and resolution of misapplied, misposted, or misdirected payments
Supporting quotations
Payments to the following types of Payees may be scheduled through the Service via your Financial Management Software, however such payments are discouraged and are scheduled by you at your own risk; except as otherwise provided by law or regulation (including, to the extent applicable, the protections described in Section 5 relating to EFTs for Consumer accounts), in no event will we be liable for any claims or damages that may result if you schedule payments to the following payees:
Payees outside of the United States, including Canada;
Payees to U.S. Territories;
Tax payments;
Government agencies, or
Court-ordered payments (such as child support payments or traffic tickets).
All research and resolution for any misapplied, misposted, or misdirected payments will be your sole responsibility, except as otherwise provided by law or regulation (including, to the extent applicable, the protections described in Section 5 relating to EFTs for Consumer accounts).
Qualifications & exceptions
Payments to foreign payees, territories, taxes, government agencies, and courts scheduled at user risk; user responsible for research
Legal Rights & Agreement Rules · Restriction or exception
FMS No Monitoring Duty, User Scheduling Risk, and Returned Payment Handling
Wells Fargo has no duty to monitor online transfers or payments made via software. Users assume full risk for proper scheduling and resulting late fees/penalties. Wells Fargo is not liable for third-party transmission or merchant recording failures. For payments returned by payees or the Postal Service, Wells Fargo uses reasonable efforts to research and correct the payment or void it and credit the account.
Details
What it does
no duty to monitor transfers or payments made through software; user assumes scheduling risk
What it does
not responsible for payee late charges or third-party/merchant transmission failures
What it does
reasonable efforts to research, correct, or void returned payments and credit account
Supporting quotations
We have no duty to monitor the online transfers or payments that you make. You assume the entire risk of using the Service properly to ensure that funds are transferred and bills are paid properly and timely.
We won't be responsible for any charges imposed or any other action taken by a payee/merchant resulting from a bill payment that you have not scheduled properly, including any applicable finance charges and late fees.
In addition, we won't be liable if any third party through whom any bill payment is made fails to transmit the payment or the payment instruction properly to the intended payee/merchant, or if the merchant/payee or its bank fails to transmit a payment instruction or record a bill payment properly.
In using the Financial Management Software, payees and/or the U.S. Postal Service may return payments for various reasons including, payee's forwarding address expired; payee's account number is not valid; payee is not available to locate account; or payee's account is paid in full. We will use reasonable efforts to research and correct the returned payment and return it to your payee, or void the payment and credit your account.
Qualifications & exceptions
No duty to monitor payments; user assumes scheduling risk; bank uses reasonable efforts on returned payments
Legal Rights & Agreement Rules · Restriction or exception
State Law Statutory Exceptions to Implied Warranty Limitations
Some states prohibit limitations on the duration of implied warranties, meaning certain warranty limitations may not apply to users, and users may retain varying state-specific legal rights.
Details
Condition
state law limits on implied warranty disclaimers vary and may preserve consumer rights
Supporting quotations
Some states do not allow limitations on how long an implied warranty lasts, so that the above limitations may not apply to you, and that you may also have other rights, which vary from state to state.
Qualifications & exceptions
State law provisions may override implied warranty limitations
Legal Rights & Agreement Rules · Restriction or exception
FMS Comprehensive Liability Exclusions, Inability to Access, and Telecommunications Failures
Except as provided by law (such as Section 5 consumer EFT rules), Wells Fargo is not liable for inability to use downloads/transfers/bill pay, data inaccuracy or loss, user-caused unauthorized access/alteration, equipment or ISP interconnect failures, natural disasters, strikes, or any other matter relating to FMS options.
Details
What it does
disclaim liability for inability to use download, transfer, or bill pay option
What it does
disclaim liability for data inaccuracy, loss, corruption, misdelivery, or user-caused unauthorized access
What it does
disclaim liability for equipment failure, ISP interconnect issues, or labor problems
Supporting quotations
Unless otherwise provided by law or regulation (including, to the extent applicable, the protections described in Section 5 relating to EFTs for Consumer accounts), you agree that we won't be liable to you for:
Your inability to use the download, transfer and/or bill pay option;
The accuracy, timeliness, loss or corruption, or misdelivery of any Eligible Account information, transfer, bill payment, or any other information;
Unauthorized access to your Eligible Accounts or to your account information and any misappropriation, or alteration, of your account information or data, to the extent the unauthorized access results from your acts or omissions;
Your inability to access your Eligible Account (including, failure of electronic or mechanical equipment, interconnect problems with telephone providers or Internet service providers ("ISPs"), natural disasters, strikes, or other labor problems); or
Any other matter relating to the download, transfer or bill pay option.
Qualifications & exceptions
Excludes liability for inability to access, data loss, user-caused unauthorized access, and telecom/ISP failures
Legal Rights & Agreement Rules · Company practice
FMS Downloaded Account Data Nature, Tracking-Only Status, and Official Record
Downloaded account information may be incomplete, reflects a single point in time, and excludes pending/unsettled transactions. Bank statements remain the sole official record of transactions and balances; downloaded data is for tracking only. Wells Fargo does not auto-update downloaded data, and users are solely responsible for user-provided data and reliance on downloaded data.
Details
Condition
downloaded information may omit account activity and is for tracking only
What it covers
bank statements are official record of transactions, positions, and balances
Condition
reflects exact point in time without auto-updating; user responsible for accuracy and reliance
Supporting quotations
You understand and agree that:
Not all the information in your Eligible Accounts can be downloaded into your Financial Management Software.
Information you can download may not include all of your account activity.
Statements we generate are the official record of account transactions, positions, and balances; the information you download is for tracking purposes only and should not be considered an official record.
Account information won't necessarily reflect banking, financial, or investment activities and transactions that have not yet been completed or settled, and will only reflect the account information in your Eligible Accounts at the exact point in time that you download the information
Account information in your Eligible Accounts may reflect transactions as of a prior time period and may not be current when you download the information.
We won't automatically update account information that you download to your Financial Management Software. You will have to update the Eligible Account information by downloading more current information from your accounts
Eligible Account information may include information you provided to us (for example, cost or tax basis information for securities we have transferred into your brokerage account); you're solely responsible for the accuracy of this information.
We aren't liable for any loss, damages, or expenses of any kind as a result of your reliance upon the Eligible Account information in your Financial Management Software
Qualifications & exceptions
Bank statements are official records; downloaded data is tracking-only, point-in-time, and not auto-updated
Legal Rights & Agreement Rules · Restriction or exception
Third-Party Software Liability Exclusions, Inability to Access, and Unauthorized Access
Wells Fargo disclaims liability for inability to access or use Third-Party Software, inaccuracy/loss/corruption of processed account information, and unauthorized access or alteration of account data resulting from software installation or use, except as provided by consumer EFT laws.
Details
What it does
disclaim liability for inability to access or use Third-Party Software
What it does
disclaim liability for data inaccuracy, loss, corruption, or misdelivery
What it does
disclaim liability for unauthorized access or alteration resulting from software installation
Supporting quotations
We won't be liable to you for:
Your inability to access or use the Third-Party Software.
The accuracy, timeliness, loss or corruption, or misdelivery of any Eligible Account information or any other information processed by the Third-Party Software.
Unauthorized access to your Eligible Accounts or to your account information and any misappropriation, or alteration, of your account information or data as a result of your installation or use of the Third-Party Software, except as otherwise provided by law or regulation (including, to the extent applicable, the protections described in Section 5 relating to EFTs for Consumer accounts).
Qualifications & exceptions
Excludes liability for software access failures, data corruption, or unauthorized access from software use
Legal Rights & Agreement Rules · Restriction or exception
Third-Party Software and Content Warranty Disclaimers and State Law Savings Clause
Wells Fargo makes no warranties and has no liability regarding the accuracy, completeness, availability, or timeliness of data processed through third-party software/content, transmission errors/omissions, fitness for purpose, or non-infringement. State laws prohibiting implied warranty duration limits may preserve additional rights.
Details
What it does
disclaim warranties and liability for accuracy, completeness, and timeliness of third-party items
What it does
disclaim liability for delivery errors/omissions and disclaim fitness and non-infringement warranties
Condition
state law limitations on implied warranty disclaimers may preserve user rights
Supporting quotations
You further agree that we make no warranties and have no liability as to:
The accuracy, completeness, availability, or timeliness of the information, text, graphics, or other items provided, stored, evaluated, or processed through the Third-Party Software or Third-Party Content;
Any errors or omissions in the delivery or transmission of the Third-Party Software or Third-Party Content from us to you (and "you" includes delivery to your Financial Management Software and/or your computer); and
The Third-Party Software's or Third-Party Content's fitness for a particular purpose and non-infringement of any third-party rights.
Some states do not allow limitations on how long an implied warranty lasts, so that the above limitations may not apply to you, and that you may also have other rights, which may vary from state to state.
Qualifications & exceptions
Disclaims accuracy, delivery errors, fitness, and non-infringement; state law savings clause applies
Legal Rights & Agreement Rules · Restriction or exception
Verified UCC Article 4A Transfer Binding Effect and Consequential Damages Waiver
Users agree to be bound by any transfer request verified under the UCC 4A security procedure, even if unauthorized. Wells Fargo's liability is limited to statutory damages under UCC 4A, expressly excluding exemplary, special, indirect, or consequential damages, and lost profits.
Details
Condition
bound by transfer requests verified under security procedure even if unauthorized
What it does
liability limited to statutory UCC 4A damages; exemplary, indirect, and consequential damages excluded
Supporting quotations
You agree to be bound by any transfer request that Wells Fargo receives and verifies following our security procedure, even if the transfer request was not authorized by you.
You agree that we may be liable only for damages required to be paid under UCC 4A. In no event will we be liable for any exemplary, special, indirect, or consequential loss, damage, costs, or expense of any nature, including lost profits, even if we have been informed of the possibility of such damages, except as may be required by law or regulation.
Qualifications & exceptions
User bound by verified transfers even if unauthorized; consequential damages and lost profits excluded
Legal Rights & Agreement Rules · Company practice
Website Annual Privacy Notice Posting Deemed Actual Notice
Annual privacy notices are furnished on the Website, and their online availability constitutes actual legal notice of their contents to users.
Details
What it does
furnish annual privacy notice on Website, constituting actual legal notice of contents
Supporting quotations
You will receive your annual privacy notices on our Website and the availability of the privacy notices on the Website constitutes actual notice of the contents of the privacy notices.
Qualifications & exceptions
Website availability of annual privacy notice legally constitutes actual notice
Legal Rights & Agreement Rules · Company practice
Serviced Mortgage Status and Customer Relationship Disclaimer
If Wells Fargo services a mortgage it does not hold, access to Online Financial Services for that mortgage does not create an account or customer relationship with Wells Fargo, and services are provided solely as servicer on behalf of the mortgage holder.
Details
Condition
Wells Fargo acts strictly as servicer on behalf of mortgage holder without creating customer relationship
Supporting quotations
If you have a mortgage and a Wells Fargo entity is the servicer of your mortgage but does not hold your mortgage, you agree that (1) this Agreement and the Online Financial Services relating to that mortgage do not create an account or customer relationship with Wells Fargo and (2) the Wells Fargo entity is offering Online Financial Services relating to that mortgage strictly as the servicer, on behalf of your mortgage holder.
Qualifications & exceptions
Applies when Wells Fargo acts as mortgage servicer without holding the underlying mortgage note
Legal Rights & Agreement Rules · Restriction or exception
Comprehensive Disclaimer of Warranties, System Continuity, and Defect Correction
To the fullest extent permitted by law, Wells Fargo disclaims all express and implied warranties, including merchantability and fitness for a particular purpose, and does not warrant uninterrupted access, error correction, or freedom from viruses.
Details
Condition
no warranties of merchantability, fitness, uninterrupted operation, defect resolution, or virus-free systems
Supporting quotations
To the fullest extent permitted by law or regulation, we make no warranties of any kind for the Service, either express or implied, including, implied warranties of merchantability or fitness for a particular purpose.
We do not warrant that the Service will be uninterrupted or error free, that defects will be corrected, or that our Website that makes the Service available is free of viruses or other harmful components.
Qualifications & exceptions
To the fullest extent permitted by law or regulation
Legal Rights & Agreement Rules · Restriction or exception
Exclusion of Consequential, Indirect, Incidental, Special, and Punitive Damages
Wells Fargo, its affiliates, officers, directors, agents, and licensors disclaim all liability for consequential (including lost profits, lost data, and procurement costs), indirect, incidental, special, or punitive damages under contract, negligence, or any legal theory.
Details
Condition
disclaimer of liability for consequential, indirect, incidental, special, and punitive damages under any theory
Supporting quotations
Wells Fargo and its officers, directors, shareholders, parents, subsidiaries, affiliates, agents, licensors, or third- party service providers are not liable for any:
Consequential (including loss of data, files, profit, or goodwill or the costs of procurement of substitute goods or service) damages.
Indirect damages.
Incidental damages.
Special damages.
Punitive damages.
This is true whether these damages occur in an action under contract, or from negligence or any other theory, arising out of, or in connection with, this Agreement, the Service, or the inability to use the Service.
Qualifications & exceptions
Covers contract, negligence, and all legal theories; subject to state law prohibitions
Legal Rights & Agreement Rules · Restriction or exception
Force Majeure, Cyber-Attacks, System Failures, and Maintenance Outage Liability Exclusion
Wells Fargo disclaims liability for damages or service failures resulting from scheduled maintenance or circumstances beyond its control, including power outages, system failures, fires, floods, natural disasters, extreme weather, and cyber-attacks (such as DoS), except where prohibited by state law.
Details
Condition
exclusion of liability for outages from maintenance, power failures, natural disasters, and cyber-attacks
Exception
limitations inapplicable where state law prohibits consequential or incidental damage exclusions
Supporting quotations
In addition to reasons such as scheduled system maintenance, damages could arise from circumstances beyond our control, even if we advise you of the possibility of such damages. These circumstances could include:
Power outages.
System failures.
Fires.
Floods.
Natural disasters.
Extreme weather.
Cyber-attacks, including Denial of Service (DoS).
Wells Fargo won't be liable for any failure of availability or performance due to scheduled system maintenance or circumstances beyond our control (such as power outage, computer virus, system failure, fire, flood, earthquake, or extreme weather).
In states that prohibit the limitation of liability for consequential or incidental damages, the above limitations may not apply.
Qualifications & exceptions
Except in states prohibiting limitations of liability for consequential or incidental damages
Legal Rights & Agreement Rules · Restriction or exception
Third-Party Equipment/Software Liability Disclaimer and Geographic Service Scope
Wells Fargo disclaims liability for losses from external equipment or third-party software failures (such as browsers or ISPs), and makes no representation that the Service is appropriate or available outside the continental US, Alaska, or Hawaii.
Details
Condition
disclaimer of liability for third-party software or equipment failures and access damages
Where
continental United States, Alaska, or Hawaii
Supporting quotations
Except as specifically provided in this Agreement or otherwise required by applicable law or regulation, we, our service providers or other agents, also won't be liable for:
Any loss or liability you may incur resulting wholly or partly from failure or misuse of your equipment or software provided by an external company (such as an internet browser provider, an internet access provider, an online service provider, or an agent or subcontractor of any of them).
Any direct, indirect, special or consequential, economic, or other damages arising in any way from your access/use/failure to obtain access to the Service. Wells Fargo does not make any representation that any content or use of the Service is appropriate or available for use in locations outside of the continental United States, Alaska, or Hawaii.
Qualifications & exceptions
No representation of service availability outside continental US, Alaska, or Hawaii
Legal Rights & Agreement Rules · Restriction or exception
Comprehensive User Indemnification Obligations Across Service Usage and Breaches
Users agree to indemnify and hold harmless Wells Fargo, its affiliates, officers, employees, and agents from third-party claims, liabilities, damages, and attorney's fees arising from content infringement, fraud, legal violations, service use, or acts of Authorized Representatives or Delegates.
Details
What it does
indemnify, defend, and hold harmless Wells Fargo from claims, damages, and legal costs
Condition
triggers include infringement, fraud, third-party rights violations, negligence, and delegate usage
Supporting quotations
Except where we're liable under the terms of this Agreement or another agreement governing the applicable Eligible Account or Online Financial Service, you agree to indemnify, defend, and hold us, our affiliates, officers, directors, employees, consultants, agents, service providers, and licensors, harmless from any and all third-party claims, liability, damages, obligations, demands, charges, expenses, and/or costs (including reasonable attorney's fees) arising from:
A third-party claim, action, or allegation of infringement, misuse, or misappropriation based on information, data, files, or other content or materials you submit to us.
Any fraud, manipulation, or other breach of this Agreement or the Service.
Your violation of any other applicable laws, regulations, or rights of a third party, including rights of privacy, publicity, or other property rights.
The provision of the Service or use of the Service by you or any third party.
Any negligent or intentional act or omission by you in the performance of your obligations under this Agreement.
The violation of any applicable law, statute, or regulation in the performance of your obligations under this Agreement.
Any breach of a representation, warranty, covenant, or obligation contained in this Agreement.
You are providing this indemnification without regard to whether our claim for indemnification is due to the use of the Service by you, your Authorized Representative, or your Delegate.
Qualifications & exceptions
Applies regardless of whether use was by user, Authorized Representative, or Delegate
Legal Rights & Agreement Rules · Restriction or exception
Bank Defense Control and Settlement Consent Prerequisite in Indemnified Matters
Wells Fargo reserves the right to defend and control any indemnified matter at its own expense, requiring user defense cooperation and prohibiting user settlements without prior written consent.
Details
What it does
bank reserves right to control defense; user must cooperate and obtain written consent before settling
Supporting quotations
We reserve the right to defend/control (at our own expense) any matter otherwise subject to indemnification by you. In such a case, you will cooperate with us in asserting any available defenses. You won't settle any action or claims on our behalf without our prior written consent.
Qualifications & exceptions
User prohibited from settling claims on bank's behalf without prior written consent
Legal Rights & Agreement Rules · Restriction or exception
Arbitration Agreement Scope and Covered Disputes Definition
The arbitration agreement includes a mutual waiver of class action rights and governs Covered Disputes, comprising agreement interpretation, the Service, the Online Access Process, and Online Financial Services.
Details
Condition
arbitration agreement and class waiver cover agreement interpretation, service, access process, and online services
Supporting quotations
This Section constitutes the arbitration agreement between you and us ("Arbitration Provision"), and includes a mutual waiver of class action rights. It governs disputes about the following, which are known as "Covered Disputes":
Interpretation of this Agreement.
The Service.
The Online Access Process.
Online Financial Services ("Covered Disputes").
Qualifications & exceptions
Includes mutual waiver of class action rights
Not stated here
The full text of any separately referenced agreement is not supplied in this source.
Legal Rights & Agreement Rules · Restriction or exception
Arbitration Exclusions: Brokerage and Separate Account Agreements Precedence
The arbitration provision excludes brokerage account disputes (governed by the Pre-Dispute Arbitration Agreement in brokerage documents) and disputes arising under separate agreements governing other Eligible Accounts.
Details
Exception
brokerage pre-dispute arbitration and specific account agreements supersede this section
Supporting quotations
This Section does not cover the following disputes:
Disputes about Eligible Accounts that are brokerage accounts. These are governed by the Pre-Dispute Arbitration Agreement and governing law provisions contained in the brokerage account agreement document, which takes precedence over this Section.
Disputes arising under any separate agreement governing your other Eligible Accounts. These are governed by the dispute resolution and governing law provisions of that agreement, which also take precedence over this Section.
Qualifications & exceptions
Brokerage and separate account agreements take precedence over this arbitration section
Legal Rights & Agreement Rules · Restriction or exception
Mandatory Arbitration on Demand and Mutual Jury Trial Waiver
Upon demand by either party, any Covered Dispute must be resolved through binding arbitration, with both parties explicitly waiving the right to a jury trial or judge trial in public court.
Details
What it does
covered disputes resolved through arbitration upon demand of either party
Condition
mutual waiver of right to trial by jury or judge in public court
Supporting quotations
You and we agree that any Covered Disputes between or among you and us, regardless of when it arose, will, upon demand by either you or us, be resolved by the arbitration process described in Section (d) below. You understand and agree that you and we are each waiving the right to a jury trial or a trial before a judge in a public court.
Qualifications & exceptions
Applies regardless of when the dispute arose; waives public court judge and jury trials
Legal Rights & Agreement Rules · Restriction or exception
Small Claims Court Exception to Mandatory Arbitration
Both the user and Wells Fargo retain the right to pursue individual claims in small claims court in the state of the user's residence, provided the claim is within that court's jurisdictional limits.
Details
Exception
either party may pursue disputes in small claims court in the user's state of residence
Supporting quotations
As an exception to this Arbitration Provision, we both retain the right to pursue disputes in small claims court in the state where you reside if the dispute lies within that court's jurisdiction.
Qualifications & exceptions
Dispute must fall within the monetary and subject-matter jurisdiction of the small claims court
Legal Rights & Agreement Rules · Company practice
Fallback Judicial Jurisdiction and Award Enforcement Venue
If the arbitration agreement is held void or unenforceable, or for proceedings to enforce arbitration or enter judgment on an award, parties irrevocably consent to the exclusive jurisdiction of the state or federal courts in the state governing the account.
Details
Condition
exclusive state or federal court jurisdiction in governing account state if arbitration unenforceable
Supporting quotations
If the Arbitration Agreement is ever deemed unenforceable or void, or a dispute between the parties is not subject to arbitration, or for any actions to enforce the Arbitration Agreement or seek entry of judgment on any arbitration award, then, except for disputes brought in small claims court, the parties irrevocably consent to the exclusive jurisdiction of the state or federal courts in the state whose laws govern your account, without regard to conflict of laws principles.
Qualifications & exceptions
Governing state determined by the laws governing the user's account without regard to conflict principles
Legal Rights & Agreement Rules · Context
Broad Scope and Definition of Arbitrable Disputes
Disputes subject to arbitration encompass any unresolved disagreement, including contract claims, torts or negligence, statutory or common law claims, and disagreements concerning the interpretation or meaning of the arbitration provision.
Details
Condition
broad definition of disputes covering contract, tort, statutory, equitable, and arbitration interpretation claims
Supporting quotations
A dispute is any unresolved disagreement between or among you and us. Disputes include:
Claims based on broken promises or contracts.
Torts (injuries caused by negligent or intentional conduct) or other wrongful actions.
Statutory, common law, and equitable claims.
Any disagreement about the meaning of this Arbitration Provision.
Qualifications & exceptions
Includes contract, tort, statutory, common law, equity, and interpretation claims
Legal Rights & Agreement Rules · Procedure
Arbitration Demand Timing and Legal Expense Shifting for Refusal
Either party may demand binding arbitration at any reasonable time, even after litigation commences. A party failing to comply with a lawful demand must bear all costs and legal expenses (including attorney's fees) incurred in compelling arbitration.
Details
What it does
demand binding arbitration at reasonable time, shifting costs and fees if other party refuses
Supporting quotations
Binding arbitration lets an independent third party resolve a Covered Dispute without using the court system, judges, or juries. Either you or we may require the submission of a Covered Dispute to binding arbitration at any reasonable time, even if a lawsuit or other proceeding has begun. If either you or we don't submit to binding arbitration following a lawful demand, the one who fails to so submit bears all costs and expenses (including attorney's fees and expenses) incurred by the other in compelling arbitration.
Qualifications & exceptions
Demand may be made at any reasonable time even after lawsuit commences; cost-shifting applies on failure to submit
Legal Rights & Agreement Rules · Restriction or exception
Class Action Waiver, Claim Consolidation Prohibition, and Private AG Ban
Parties waive any right to join or consolidate disputes with others, assert claims as class members or class representatives, or participate in arbitration as a private attorney general or on behalf of the general public.
Details
What it does
waiver of class actions, joinder/consolidation, and private attorney general claims
Supporting quotations
Neither you nor we will be entitled to:
Join, consolidate, or combine Covered Disputes by or against others in any arbitration; or
Include in any arbitration any Covered Dispute as a representative or member of a class; or
Act in any arbitration in the interest of the general public or in a private attorney general capacity.
Qualifications & exceptions
Applies mutually to user and bank in all arbitration proceedings
Legal Rights & Agreement Rules · Procedure
AAA Administration, Commercial/Consumer Rules, and Bar Expertise Standards
Arbitrations are administered by the American Arbitration Association under its Commercial or Consumer Rules (or court-appointed alternative if unavailable), with agreement terms controlling variances, and arbitrators must be state bar members with subject-matter expertise.
Details
Condition
AAA administers arbitration under AAA rules, subject to agreement primacy and state bar qualifications
Supporting quotations
Each arbitration, including the selection of the arbitrator, will be administered by the American Arbitration Association ("AAA"), according to the Commercial Arbitration Rules and the Consumer Arbitration Rules ("AAA Rules"), provided that if the AAA is unavailable or unwilling to administer an arbitration consistent with this Arbitration Provision, the parties shall agree on an alternative administrator that will do so, and if the parties are unable to agree, they shall jointly petition a court of competent jurisdiction to appoint an administrator that will do so (the AAA or such other administrator to be referred to here as the "Arbitration Administrator").
To the extent that there is any variance between the AAA Rules and this Arbitration Provision, this Arbitration Provision will control. Arbitrator(s) must be a member of the state bar where the arbitration is held, with expertise in the substantive laws applicable to the subject matter of the Covered Dispute.
Qualifications & exceptions
Agreement terms supersede any conflicting AAA Rules; arbitrator must be licensed in state of hearing
Legal Rights & Agreement Rules · Restriction or exception
Interstate Commerce Acknowledgement, FAA Governance, and Court Role on Scope
Transactions involve interstate commerce governed by the Federal Arbitration Act (FAA); the arbitrator decides all substantive issues, while courts retain sole jurisdiction over the scope, validity, and arbitrability of the arbitration agreement.
Details
Condition
governed by Federal Arbitration Act; court decides scope/enforceability while arbitrator decides merits
Supporting quotations
You and we each agree that in this relationship:
You and we are participating in transactions involving interstate commerce.
All issues are for the arbitrator to decide, except that issues relating to the scope and enforceability of this Arbitration Provision or whether a dispute can or must be brought in arbitration are for a court of competent jurisdiction to decide.
Each arbitration is 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 governing the relationship between you and us about which the Covered Dispute arose.
Qualifications & exceptions
Courts decide arbitration scope, validity, and enforceability; arbitrator decides all other issues
Legal Rights & Agreement Rules · Procedure
Arbitration Demand Requirements, FRCP Rule 11 Sanctions, and Hearing Format
Arbitration demands must include detailed claimant/account details, transaction facts, claim basis, and damage calculations with personal signature. FRCP Rule 11 standards and sanctions/fee-shifting apply to frivolous claims, and claims of $10,000 or more require in-person or video hearings with personal appearance.
Details
What it does
initiate arbitration with detailed signed demand complying with FRCP 11 standards and hearing protocols
Supporting quotations
The party initiating arbitration must include in the arbitration demand all of the following information: (i) the claimant’s name, address, telephone number, and email address; (ii) the applicable account holder’s name (if different from the claimant) and account number; (iii) information sufficient to identify any transaction at issue including the date and location of any such transaction, if applicable; (iv) a detailed description of the nature and basis of the claims asserted; and (v) a detailed description of the nature and basis of the relief sought, including a calculation for it. The demand must be personally signed by the party initiating arbitration (and by counsel if the claimant is represented). By submitting an arbitration demand, the claimant (and, counsel, if the claimant is represented) represent that, as in court, they are complying with the requirements of Federal Rule of Civil Procedure 11(b). The arbitrator is authorized to impose any sanctions available under Federal Rule of Civil Procedure 11 on represented parties and their counsel. If the arbitrator finds that either the substance of your or our claim or the relief sought was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then we or you may also seek applicable fee-shifting. Either we or you may request to have the arbitration conducted by a video or in-person hearing, or through written submissions, except any dispute seeking $10,000 or more, or injunctive relief, shall have a video or in-person hearing unless the parties agree otherwise. You and our representative will personally appear at any hearing (with counsel, if represented).
Qualifications & exceptions
Personal signature required; FRCP 11 sanctions apply; claims of $10,000+ require video or in-person hearing
Legal Rights & Agreement Rules · Restriction or exception
Class Action Waiver Non-Severability Clause and Settlement Participation Right
If the class action or representative action waiver is found unlawful or unenforceable, it is non-severable and the entire arbitration agreement becomes void, though parties retain the right to participate in class-wide settlements.
Details
Condition
class action waiver invalidity is non-severable and invalidates entire arbitration clause
Exception
parties retain the right to participate in class-wide settlements
Supporting quotations
To find out how to initiate arbitration, please call any office of the AAA or visit the AAA Website at www.adr.org. If any of the provisions of this Arbitration Provision dealing with class action, class arbitration, private attorney general action, other representative action, joinder, or consolidation is found to be unlawful or unenforceable, that invalid provision shall not be severable and this entire arbitration agreement shall be unenforceable.
Notwithstanding the foregoing, the parties retain the right to participate in a class-wide settlement.
Qualifications & exceptions
Unenforceability of class/representative action waiver voids the entire arbitration agreement
Legal Rights & Agreement Rules · Restriction or exception
Preservation of Foreclosure, Self-Help, Injunctions, and ERISA Remedies
The arbitration provision does not prevent either party from exercising lawful remedies for property foreclosure/possession, self-help (such as setoff or repossession), seeking provisional court remedies (injunction, attachment, receivership), or enforcing ERISA Section 502 rights.
Details
Exception
preservation of property foreclosure, self-help setoff/repossession, provisional court remedies, and ERISA rights
Supporting quotations
This Arbitration Provision and the exercise of any of the rights you and we have under this Arbitration Provision do not stop either of us from exercising any lawful rights to use other remedies available to:
Preserve, foreclose, or obtain possession of real or personal property.
Exercise self-help remedies, including setoff and repossession rights.
Obtain provisional or ancillary remedies such as injunctive relief, attachment, garnishment, or court appointment of a receiver by a court having jurisdiction.
Enforce your rights under section 502 of the Employee Retirement Income Security Act of 1974.
Qualifications & exceptions
Preserves self-help, foreclosure, injunctive relief, and ERISA statutory claims
Legal Rights & Agreement Rules · Procedure
Arbitration Hearing Rules: Dispositive Motions, 180-Day Target, and Venue
Arbitrators may rule on dispositive motions (judgment on pleadings, summary judgment). Proceedings should be completed within 180 days of AAA filing, must take place in the user's state of residence or AAA venue, and are subject to applicable statutes of limitations.
Details
What it does
arbitrator authorized to rule on dispositive motions and manage 180-day completion timeline in user state venue
Supporting quotations
You and we each agree to take all steps and execute all documents necessary for the implementation of arbitration proceedings. The arbitrator may hear and rule on appropriate dispositive motions as part of the arbitration proceeding, such as motions for judgments on the pleadings, summary judgment, or partial summary judgment.
All parties (the AAA, the arbitrators, you, and we) must, to the extent feasible, take any action necessary to ensure that an arbitration proceeding, as described in this Arbitration Provision, is completed within 180 days of filing the Covered Dispute with the AAA. This provision will be liberally construed to ensure the enforcement of this Arbitration Provision.
Arbitration proceedings are conducted in the state where you reside or at a location determined by the AAA. All statutes of limitations that apply to any Covered Dispute apply to any arbitration between you and us.
Qualifications & exceptions
180-day completion target; venue in user's state of residence or AAA designated location
Legal Rights & Agreement Rules · Restriction or exception
Arbitration Agreement Post-Termination Survival and Document Precedence
The arbitration agreement survives account termination, expiration, or agreement amendment. It supersedes prior dispute resolution communications, and where multiple arbitration clauses apply, the agreement most directly related to the account or transaction controls.
Details
Condition
survival beyond termination and priority rule for most directly related arbitration agreement
Supporting quotations
The provisions of this Arbitration Provision will survive termination, amendment, or expiration of your Account relationship, the governing Agreement, or any other relationship between you and us.
This Arbitration Provision constitutes the entire agreement between you and us and supersedes all prior arrangements and other communications about dispute resolution. If more than one arbitration agreement mutually entered into by you and us potentially applies to a Covered Dispute, the one most directly related to the Eligible Account or transaction that is the subject of the dispute will control.
Qualifications & exceptions
Survives account termination; most directly related agreement takes precedence
Legal Rights & Agreement Rules · Restriction or exception
Small Claims Monetary Limit Precedence and Mandatory Arbitration Stay
Arbitration applies only to disputes where the monetary remedy sought (excluding fees and costs) exceeds small claims court limits. Disagreements over small claims eligibility are decided by court, and any arbitration is stayed pending resolution.
Details
Condition
arbitration limited to claims exceeding small claims limits; court determines eligibility with arbitration stayed
Supporting quotations
Notwithstanding anything in the Agreement to the contrary, each party retains the right to pursue in Small Claims Court any dispute in which the remedy sought is entirely within that court's jurisdiction. Further, this arbitration agreement will apply only to disputes in which either party seeks to recover an amount of money (excluding attorneys’ fees and costs) that exceeds the jurisdictional limit of the small claims court. Any disagreement over whether a dispute qualifies for small claims court will be resolved by the small claims court in the first instance and otherwise by a court of competent jurisdiction and any arbitration shall be stayed pending such resolution.
Qualifications & exceptions
Arbitration stayed while court resolves any dispute regarding small claims qualification
Legal Rights & Agreement Rules · Company practice
Unilateral Agreement Modifications, Acceptance via Continued Use, and Prospective Scope
Wells Fargo may modify agreement terms in its sole discretion at any time, notifying users via website updates, email, or mail. Continued use after posting constitutes binding acceptance, and changes apply only prospectively to future transactions and claims.
Details
What it does
bank modifies terms at discretion with website notice; continued use constitutes acceptance
Condition
prospective application to future claims and transactions; account-specific fee changes governed by underlying agreements
Supporting quotations
Except as otherwise required by law, we may in our sole discretion add, delete, or change the terms of this Agreement at any time.
We'll inform you of changes to the Agreement when legally required to do so, and we'll try to notify you of material changes as soon as possible even when we are not legally required to do so. We will communicate such changes by updating this Agreement on our Website, and may also communicate such changes by email, mail, and/or providing notice of change on our Website.
You or your Authorized Representative's continued use of the Service after the effective date of any updated terms of the Agreement that are posted on our Website is an agreement by you to any such change to the Agreement. Except as otherwise required by law, any change to this Agreement applies only to transactions that occur, or claims that arise, after the change becomes effective.
Changes to fees or specific terms for Eligible Accounts are governed by the corresponding specific agreement governing that Eligible Account.
Qualifications & exceptions
Continued use constitutes acceptance; amendments apply prospectively to post-effective transactions and claims
Legal Rights & Agreement Rules · Context
Governing Law: South Dakota for Online Agreement and Underlying Account Laws
This Agreement is governed by and interpreted under South Dakota law without regard to conflict-of-law principles, while specific Eligible Accounts and Online Financial Services remain governed by the laws specified in their underlying account agreements.
Details
Condition
South Dakota law governs online agreement; specific account laws govern underlying account relationships
Supporting quotations
Each of your Eligible Accounts and Online Financial Services will continue to be read and interpreted according to the laws described in the agreements that you have with us regarding those Eligible Accounts or Online Financial Services (for example, your deposit account agreement or your credit card agreement with us).
This Agreement will be read and interpreted according to the laws of the State of South Dakota (unless otherwise specified in this Agreement), without regard to conflict-of-law rules.
Qualifications & exceptions
South Dakota law governs this agreement; underlying account agreements retain their specified state laws
Legal Rights & Agreement Rules · Restriction or exception
Bank Assignment and Contractor Delegation Rights and User Non-Transferability
Wells Fargo may freely assign its interest in this agreement to its parent, successors, or subsidiaries, and may delegate duties to contractors. Users are strictly prohibited from assigning or transferring this agreement.
Details
What it does
bank assigns interest to parent/subsidiary or delegates duties to contractors
Condition
user prohibited from assigning or transferring agreement
Supporting quotations
We may assign our interest in this Agreement to Wells Fargo & Company, its successors, or to any now-existing or future direct or indirect subsidiary of Wells Fargo & Company. However, you may not assign or transfer this Agreement.
We may also assign or delegate certain of our rights and responsibilities under this Agreement to independent contractors or other third parties.
Qualifications & exceptions
User prohibited from transferring agreement; bank may assign to affiliates or delegate to contractors
Legal Rights & Agreement Rules · Restriction or exception
Entire Agreement Integration, Regulatory Term Reformation, and Severability Clause
This agreement merges and supersedes prior understandings regarding online access. Provisions inconsistent with governing regulations are deemed modified to comply, and invalid terms are severed while remaining provisions stay in full force.
Details
Condition
integration and merger superseding previous online access understandings
Condition
regulatory compliance reformation of inconsistent terms and severability of invalid provisions
Supporting quotations
In combination with other applicable Wells Fargo agreements as described in Section 1(b) of this Agreement, this Agreement represents the agreement between you and Wells Fargo regarding the Service. It merges and supersedes all previous and contemporaneous written or oral agreements and understandings regarding the subject of online access.
Each of the rules, terms, and conditions set forth in this Agreement stands alone. Any term or condition contained in this Agreement that is inconsistent with the applicable laws and regulations that may govern the Service will be deemed to have been modified by us and applied in a manner consistent with such laws and regulations.
Unless stated otherwise, if any provision of this Agreement is held to be invalid or otherwise unenforceable, the remainder of the provisions will remain in full force and effect, and will in no way be invalidated or otherwise affected.
Qualifications & exceptions
Terms inconsistent with regulations are reformed; invalid provisions are severed
Legal Rights & Agreement Rules · Company practice
Bank Right to Revoke Written Waivers and Non-Waiver by Inaction
Wells Fargo may grant written waivers of agreement terms or fees but reserves the right to revoke any waiver at any time. Failure by the bank to enforce a breach does not waive its right to act on subsequent or similar breaches.
Details
What it does
bank grants and revokes waivers, retaining full enforcement rights despite prior non-action
Supporting quotations
We may agree in writing (or otherwise) to waive a provision of this Agreement, including a fee (a "Waiver"). We may revoke any Waiver.
Our failure to act with respect to a breach of the Agreement by you or others doesn't waive our right to act with respect to subsequent or similar breaches.
Qualifications & exceptions
Bank may revoke any granted waiver at its discretion; failure to enforce is not a waiver
Legal Rights & Agreement Rules · Context
Section Headings Interpretation and Scope Construction Rule
Section headings throughout this agreement are included for convenience and reference only, and do not define, limit, construe, or affect the legal scope or extent of any provision.
Details
Condition
headings serve reference purposes only and do not define or limit legal terms
Supporting quotations
Headings are for reference only and don't define, limit, construe, or describe the scope or extent of a Section.