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These terms apply to your entire account:
IDENTIFICATION OF PARTIES. In this agreement and the Arbitration Agreement contained herein, the words "you" and "your" mean each person who signed the credit card account application. The words "we", "us" and "our" mean Wells Fargo Financial National Bank, 4455 Spring Mountain Road, Las Vegas, Nevada 89102. The word "Retailer" means the retailer referenced on (i) the credit card application completed in connection with this agreement, (ii) the credit card issued in connection with your account, and/or (iii) the initial billing statement that you receive in connection with this account. The word "account" refers to the credit card account you have with us. If you have a joint account, all of you are bound by this agreement, and each of you is responsible for payment of the entire amount.
OVERVIEW OF ACCOUNT. Your account may be divided into two or more subaccounts so we can offer you special features. When you use your account at a participating Retailer location, the purchase will be part of your regular subaccount. If we cause the sales slip to indicate that special terms apply, the purchase will be part of a special subaccount. We may, at any time, grant you the ability to use your account to obtain cash advances. If we do allow you to obtain cash advances, all cash advances will be part of your cash advance subaccount. Some parts of this agreement apply to the entire account and some parts apply to certain kinds of subaccounts.
PROMISE TO PAY. When you use your account or let someone else use it, you promise to pay the total amount of the transaction. You also promise to pay any finance charges or other charges that may be due. All amounts owed must be paid in United States dollars. We can accept late payments, partial payments or checks and payment instruments marked with words of condition or limitation, such as "payment in full," without losing any of our rights under this agreement.
CREDIT LIMIT. You will have one credit limit for regular subaccount and special subaccount transactions ("Credit Limit") and, if applicable, a separate credit limit for Cash Advance subaccount transactions ("Cash Advance Credit Limit"). We will tell you your Credit Limit at or before the time you receive your card. We may tell you your Cash Advance Credit Limit at the time you receive your card or in a subsequent mailing. You promise to use your account only to these limits. We can change either credit limit anytime. If you use your account for more than your credit limit(s), you will remain liable for your charges, and we do not give up any of our rights. Generally, your available credit for your regular subaccount and special subaccount transactions and your available credit for your Cash Advance subaccount transactions will be your applicable credit limit less any unpaid balance and less any outstanding transaction authorizations for such credit limit.
OUTSTANDING ACCOUNT BALANCE. The term Outstanding Account Balance shall mean the sum of all unpaid amounts: in the regular subaccount, in all special subaccounts, and in the Cash Advance subaccount.
BILLING CYCLE. A billing cycle is the interval between regular monthly statements. The billing date shown on a statement is the last day of the billing cycle for that statement.
NEW BALANCE. The New Balance is for your account, including all subaccount(s), and is the Outstanding Account Balance as of the billing date. PAYMENT DUE DATE. The Payment Due Date will be 20 to 25 days from the billing date and is printed on each monthly statement. PAYMENT STUB. The Payment Stub is the portion of your monthly statement that is to be returned with your payment.
USE OF ACCOUNT. The use of your account by you or anyone permitted by you indicates acceptance of the terms of this agreement. You promise that all purchases made using your account will be only for personal, family or household purposes.
CREDIT CARDS. We may send you credit cards for use with your account. These cards, and any other credit instrument or device we supply to you, always belong to us. If we ask, you must return all cards and any other credit instruments or devices that you have received.
LOST OR STOLEN CARDS. You agree to notify us immediately of the loss, theft or use without your permission of your card at the address or telephone number shown on your statement. You may notify us orally or in writing.
DEFAULT – ENTIRE BALANCE DUE. If you don't make a minimum payment on time or if you violate the terms of this agreement, you will be in default. When that happens, you agree that to the extent permitted by law we can require you to pay your Outstanding Account Balance at once. We can do this without giving you advance notice unless advance notice is required by law.
LIABILITY FOR UNAUTHORIZED USE. If you believe that your card may have been lost or stolen or that your account number may have been used without your authorization, you must notify us immediately at the address or telephone number shown on your statement. You may notify us orally or in writing. You will not be held liable for the unauthorized use of your account.
REFUSAL TO HONOR CARD. We are not responsible for the refusal of anyone to honor your card.
ASSIGNMENT. We have the right to assign this account to another creditor.
CHANGE OF TERMS. In accordance with applicable law, we may change the terms of this account from time to time. A change in the terms of this account may apply to existing balances as well as future purchases.
RIGHT TO LIMIT OR CLOSE. We may limit or close your account, but the terms of this agreement will apply until the Outstanding Account Balance is fully paid.
DELAY IN ENFORCEMENT. We may waive or delay enforcing any of our rights without losing them. We may waive or delay enforcing a right against one of you without waiving it as to the other.
TELEPHONE MONITORING AND CONTACTING YOU. From time to time, we may monitor and record telephone calls regarding your account to assure the quality of our service. You agree, in order for us to service the account or to collect any amounts you may owe, that we may from time to time make calls and send text messages to you, using prerecorded/artificial voice messages and/or through the use of an automatic dialing device, at any telephone number associated with your account, including mobile telephone numbers that could result in charges to you. You also expressly consent to us sending email messages regarding your account to your email address.
CREDIT INFORMATION. You promise that any information you give to us in connection with your application or account is true and complete and understand that this information will be relied on by us in establishing your account and in extending credit under your account. We may report information we receive from you in connection with your account and information about your transactions with us to credit bureaus and others as permitted by law.
AUTHORIZATION TO INVESTIGATE CREDIT INFORMATION AND OBTAIN CREDIT REPORTS. You authorize us to investigate your credit, employment, and income records and to verify your credit references. You authorize us to obtain credit reports on you in connection with your application, in connection with any review, enhancement or collection of your account and for marketing purposes. You instruct any credit bureau to provide credit reports for these purposes to us or to any creditor to whom we assign this account.
NOTIFYING US OF INACCURATE INFORMATION. You have the right to notify us if we report inaccurate information about your account to the credit bureaus. Such notices should be sent in writing to us at: Central Processing (F4030-040), 800 Walnut Street, Des Moines, IA 50309. Please include your account number and a description of the information that is incorrect.
DISCLOSURE OF INFORMATION ABOUT THIS ACCOUNT TO RETAILERS WHERE YOU USE YOUR ACCOUNT – CONSENT. We may disclose information we receive from you in connection with your account and information about transactions under your account involving purchases at participating Retailer locations to Retailers. They may use this information to offer additional products to you and for other marketing purposes. You consent to these disclosures and use of information. APPLICABLE LAW. This agreement is made in the state of Nevada. This agreement is governed by applicable federal law and the law of the state of Nevada. SIGNATURE. Your signature on the credit card application means that you have read and agree to the terms of our credit card account agreement. You acknowledge receipt of a copy of our credit card account agreement.
OTHER CHARGES. We may charge your account for the following items. These items will be charged as transactions under your regular subaccount unless otherwise set forth below:
| Late Payment Fee. If we do not receive at least the required Total Minimum Payment amount by the Payment Due Date, a late payment fee may be charged and may continue to be charged each month until all payments on the account are current. The late payment fees are as follows: $20.00 on New Balances up to $250, $29.00 on New Balances of $250.01 up to $1,000, and $39.00 on New Balances of $1,000.01 and over. Returned Payment Fee. A returned payment fee of $29.00 may be charged when a check or similar instrument is not honored, when it cannot be processed, or when an electronic debit is returned unpaid. This includes checks that you have authorized us to write on your checking account. This fee may be charged if a payment check or similar instrument is not honored the first time it is presented for payment, even if it is honored when subsequently presented. Over Limit Fee. An over limit fee of $35 may be charged each time: (a) the sum of the unpaid balance of your regular subaccount plus the unpaid balance in any special subaccount(s) exceeds the Credit Limit even if this occurs as a result of fees or finance charges that are added to the account; or (b) the unpaid balance of your Cash Advance subaccount exceeds the Cash Advance Credit Limit even if this occurs as a result of fees or finance charges that are added to the account. We may, but are not required to, authorize transactions that will cause the balance on your account to exceed the credit limit, and you agree that you are liable for any such transactions as well as the associated fees and finance charges. Only one over limit fee will be assessed per over limit occurrence. If you exceed your Cash Advance Credit Limit, any over limit fee will be charged to your Cash Advance subaccount. If you exceed your Credit Limit, any over limit fee will be charged to the regular subaccount. Convenience Payment Fee. If you make a payment to us by authorizing us (orally or in writing) to write a check or process a payment through the use of Automated Clearing House procedures on an account you designate for the payment, a convenience payment fee of $10 will be charged. Attorneys Fees and Court Costs. If you default and we refer your account for collection to an attorney who is not our salaried employee, you agree to pay reasonable attorney's fees and actual court costs to the extent permitted by applicable law. |
PAYMENT REQUIREMENTS. Payments must be accompanied by the Payment Stub. You will make payments at the address indicated on the Payment Stub ("Remittance Address"). Payments that are received in our post office box at the Remittance Address on or before 3:00 p.m. Pacific Time on any business day will be credited as of the date of receipt. Payments received in our post office box at the Remittance Address after 3:00 p.m. Pacific Time or on non-business days may be credited as of the next business day if allowed by applicable law. Saturdays, Sundays and Federal Holidays are considered non-business days. You may pay your Outstanding Account Balance in full or more than the Total Minimum Payment at any time. Payment of more than the Total Minimum Payment but less than the Outstanding Account Balance will not relieve you of the obligation to make the Total Minimum Payment in any future billing cycle.
APPLICATION OF PAYMENTS AND CREDITS. Your monthly payment and/or any credits to your account will be applied in a manner determined by us at our discretion. This manner may change from time to time. Our payment and credit allocation method may result in balances with lower APRs being paid off before balances with higher APRs. This means that payments and/or credits may be applied to introductory or promotional rate balances/subaccounts with lower APRs before being applied to other balances at higher APRs. We may, at our discretion, withhold a portion of your available credit limit up to the amount of any payments and/or credits tendered to assure that the payment instrument is honored.
SECURITY INTEREST. To the extent permitted by applicable law, you hereby grant to us and we are retaining a purchase money security interest under the Uniform Commercial Code in the merchandise purchased on your account until such merchandise is paid for in full. You agree to assist us in executing any documents necessary to perfect our security interest. If you do not make the Total Minimum Payment on your account by the Payment Due Date, we may repossess any merchandise that has not been paid for in full.
REGULAR SUBACCOUNT
These terms apply to your regular subaccount:
REGULAR SUBACCOUNT MINIMUM PAYMENT. The new balance shown for the regular subaccount on a statement is the unpaid balance of the regular subaccount at the end of the billing cycle. The minimum payment for the regular subaccount is 1/30th of the highest new balance of the regular subaccount, but at least $25.00. The minimum payment will be rounded to the nearest dollar. The minimum payment will change only if subsequent activity increases the new balance to an amount requiring a higher minimum payment.
WHEN FINANCE CHARGE IS IMPOSED. The finance charge on a transaction under your regular subaccount begins on the day the transaction is first charged to the regular subaccount unless you pay the new balance for the regular subaccount shown on the statement listing the transaction by the Payment Due Date shown on that statement. If you pay the new balance for the regular subaccount shown on a statement by the Payment Due Date shown on that statement, you will avoid finance charges for transactions listed on that statement for the regular subaccount as well as additional finance charges on any other portion of the new balance for the regular subaccount.
PERIODIC RATE. The monthly periodic rate used to figure the finance charge for the regular subaccount will be a variable rate, subject to quarterly changes, and based on the prime rate. The minimum monthly periodic rate that can apply is 1.825% (ANNUAL PERCENTAGE RATE 21.90%). There is no limit on the maximum monthly periodic rate that can apply. The prime rate we use is the highest prime rate published in the Money Rates section of The Wall Street Journal on the first day of the month preceding the month of the rate change date. If The Wall Street Journal is not published on the first day of the month, we will use the prime rate in the next issue of The Wall Street Journal. If the prime rate is no longer published or is otherwise unavailable, we may select a comparable rate. The monthly periodic rate will increase if the prime rate increases and decrease if the prime rate decreases. An increase in the monthly periodic rate may result in increased finance charges and may increase the number of minimum monthly payments necessary to repay the balance of the regular subaccount. The rate change date for each quarter is the first day of the first billing cycle beginning on or after January 1, April 1, July 1, and October 1. The monthly periodic rate for a billing cycle is figured by adding 16.90 percentage points to the prime rate for that billing cycle and dividing the sum by 12. As of July 1, 2008, the monthly periodic rate was 1.825% (ANNUAL PERCENTAGE RATE 21.90%).
FINANCE CHARGE. The total finance charge for the regular subaccount will be made up of the initial finance charge for the current billing cycle, plus the remaining finance charge for the previous billing cycle. The initial finance charge for the current billing cycle is figured by applying the periodic rate to the average daily balance of old charges and old purchases. The remaining finance charge for the previous billing cycle is figured by applying the periodic rate to the average daily balance of previous billing cycle new purchases and new charges.
AVERAGE DAILY BALANCE OF OLD CHARGES AND OLD PURCHASES. "Old Charges" are charges that were posted to the regular subaccount before the current billing cycle. "Old Purchases" are purchases that were posted to the regular subaccount before the current billing cycle. To get the average daily balance of old charges and old purchases, we take the beginning balance of old purchases plus old charges each day of the current billing cycle and subtract any payments or credits that were applied to old charges and old purchases. If you paid the new balance you owed for the regular subaccount at the end of the previous billing cycle in full by the Payment Due Date shown on the statement for the previous billing cycle, we do not add in any part of the new balance you paid. This gives us the daily balance of old charges and old purchases. Then we add up all the daily balances of old charges and old purchases (credit balances are not included) and divide the total by the number of days in the current billing cycle. This gives us the average daily balance of old charges and old purchases.
AVERAGE DAILY BALANCE OF PREVIOUS BILLING CYCLE NEW PURCHASES AND NEW CHARGES. "Previous billing cycle new purchases and new charges" are those new purchases and new charges that were posted to the regular subaccount during the previous billing cycle. To get the average daily balance of previous billing cycle new purchases and new charges, we take the beginning balance of previous billing cycle new purchases and new charges each day of the previous billing cycle, add any previous billing cycle new purchases and new charges, and subtract any payments or credits that were applied to previous billing cycle new purchases and new charges. This gives us the daily balance of previous billing cycle new purchases and new charges. Then we add up all the daily balances of previous billing cycle new purchases and new charges (credit balances are not included) and divide the total by the number of days in the previous billing cycle. This gives us the average daily balance of previous billing cycle new purchases and new charges. If you paid the new balance you owed for the regular subaccount at the end of the previous billing cycle in full by the Payment Due Date shown on the statement for the previous billing cycle then the average daily balance of previous billing cycle new purchases and new charges is zero.
SPECIAL TERMS. We may from time to time allow you to make purchases at special terms. This part of your agreement explains how these special terms apply. If a sales slip or its equivalent indicates that special terms apply, then special terms apply for that purchase. You accept the special terms by making the purchase.
SUBACCOUNT ESTABLISHED. A purchase subject to special terms establishes a special subaccount or subaccounts for the purchases listed on the sales slip. A special subaccount is part of your account, but the finance charge and minimum payment for a special subaccount are handled separately from your regular subaccount and from your other special subaccounts. Special terms shown on a sales slip apply only to purchases listed on that sales slip. Items that are purchased under the same terms and that have special terms beginning in the same billing cycle may be included in the same special subaccount, even if they were purchased separately. Items that have special terms beginning in different billing cycles may be in different subaccounts, even if they were purchased at the same time.
LENGTH OF SPECIAL TERMS. The special terms for a purchase are in effect for the number of monthly billing cycles indicated on the sales slip or until the date indicated on the sales slip or monthly statement. The length of time special terms are in effect is subject to our rights under the paragraph headed "Transfer to Regular Subaccount." If a sales slip does not indicate how long the special terms are in effect, then they are in effect until the special subaccount is paid, subject to our rights under the paragraph headed "Transfer to Regular Subaccount."
TRANSFER TO REGULAR SUBACCOUNT. The unpaid balance of a special subaccount will be transferred to your regular subaccount at the end of the special terms but before the minimum payment is figured. We may, at our option, transfer the unpaid balance (and the Accumulated Finance Charge, if applicable) of a special subaccount to your regular subaccount any time you fail to make any required payment on your account when due. When the unpaid balance of a special subaccount is transferred to your regular subaccount, the special terms end, and the unpaid balance (and Accumulated Finance Charge, if applicable) will be subject to all the terms of your regular subaccount, without modification.
SPECIAL SUBACCOUNTS INTEREST TERMS. A sales slip will indicate that one or more of the following interest terms applies.
| NO INTEREST. If a sales slip says there is no interest, it means that there is no finance charge on the special subaccount containing the items sold on that sales slip until the no interest special terms end. You may avoid finance charges on a no interest special subaccount by paying the balance of that special subaccount in full before the no interest special terms end. NO INTEREST OPTION (SAME AS CASH). If a sales slip says there is no interest option (same as cash), it means we figure the finance charge on that special subaccount containing the items sold on that sales slip, but we do not add the finance charge to the balance of that special subaccount. Instead, the finance charge is added to the total of the finance charges for the special subaccount for prior months. This amount is called the Accumulated Finance Charge. If the special subaccount is not paid in full before the no interest option (same as cash) special terms end, the balance of that subaccount and the Accumulated Finance Charge will be transferred to your regular subaccount. The monthly periodic rate used in figuring the finance charge for the special subaccount and the corresponding annual percentage rate are the same as those used for your regular subaccount. We figure the finance charge on a no interest option (same as cash) special subaccount by applying the periodic rate to the "average daily balance" of the special subaccount (including current transactions). This rate may vary along with the rate for your regular subaccount. To get the "average daily balance" we take the beginning balance of the special subaccount each day, add any purchases or charges, and subtract any payments or credits. Then we add all the daily balances for the billing cycle together (credit balances are not included) and divide the total by the number of days in the billing cycle. This gives us the average daily balance. The finance charge on a purchase in a no interest option (same as cash) special subaccount begins on the date the transaction is posted to your account. You may avoid finance charges on a purchase in a no interest option (same as cash) special subaccount by paying that special subaccount in full before the special terms end. SPECIAL RATE. If a sales slip shows a special rate, it means that the monthly periodic rate and corresponding annual percentage rate shown on that sales slip will be used to figure the finance charge for that special subaccount instead of the monthly periodic rate and annual percentage rate used for your regular subaccount. The balance on which the finance charge is computed will be figured using the same method used for your regular subaccount. The finance charge on a transaction in a special rate special subaccount begins on the date the transaction is first charged to that special subaccount unless you pay the new balance for that special subaccount shown on the statement listing the transaction by the Payment Due Date shown on that statement. If you pay the new balance for the special subaccount shown on a statement by the Payment Due Date shown on that statement, you will avoid finance charges for transactions listed on that statement for that special subaccount as well as additional finance charges on any other portion of the new balance for that subaccount. REGULAR RATE. If a sales slip says the rate is the regular rate, it means that the monthly periodic rate used in figuring the finance charge for the special subaccount and corresponding annual percentage rate are the same as those used for your regular subaccount. The balance on which the finance charge is computed will be figured using the same method as for your regular subaccount. The finance charge on a transaction in a regular rate special subaccount begins on the date the transaction is first charged to the special subaccount unless you pay the new balance for that special subaccount shown on the statement listing the transaction by the Payment Due Date shown on that statement. If you pay the new balance for the special subaccount shown on a statement by the Payment Due Date shown on that statement, you will avoid finance charges for transactions listed on that statement for that special subaccount as well as additional finance charges on any other portion of the new balance for that subaccount. |
| SPECIAL SUBACCOUNTS PAYMENT TERMS. A sales slip will indicate that one or more of the following payment terms applies. NO PAYMENT. If a sales slip says there are no payments, it means there are no monthly payments required for a special subaccount containing an item on that sales slip for the length of time indicated on that sales slip. Monthly payments will be due on the special subaccount when the no payment period ends and a consecutive payment term begins which requires monthly payments, or the unpaid balance of the no payment special subaccount transfers to the regular subaccount, or the unpaid balance of the no payment special subaccount transfers to another special subaccount which requires monthly payments. PAYMENT IN FULL/'EQUAL PAYMENTS'. If a sales slip says that payment in full or 'equal payments' is required, it means the minimum monthly payment for a special subaccount containing an item listed on that sales slip is the amount required to pay that special subaccount in full, in fixed monthly payments during the length of time indicated on the sales slip. The minimum monthly payment required during the payment in full or 'equal payments' period will be in an amount required to pay the unpaid balance of the special subaccount at the beginning of the first full billing cycle of the payment in full or 'equal payments' period, in full, in fixed monthly payments, rounded to the next higher whole cent. Because of rounding, the final fixed monthly payment could be less than the other fixed payments. If you pay each minimum monthly payment as required for the payment in full or 'equal payments' special subaccount, that special subaccount will be paid in full at the end of the special terms period. REGULAR PAYMENTS. If a sales slip says that regular payments are required, it means that the minimum monthly payment for the special subaccount containing an item on that sales slip will be figured the same way as your regular subaccount for the length of time indicated on that sales slip. CUSTOM PAYMENTS. If a sales slip says that the payment terms are custom payments and gives a fraction, or a percent, it means that the minimum payment for the special subaccount is that fraction, or percent, of the highest new balance of the special subaccount, rounded to the nearest dollar. For example, if the sales slip says that the payment terms are "Custom 1/40th", it means that the minimum payment for the special subaccount will be 1/40th of the highest new balance of the special subaccount rounded to the nearest dollar. If the sales slip says that the payment terms are custom payment terms and gives a dollar amount and a time period, it means the minimum payment for the special subaccount will be the dollar amount given for the length of time indicated on the sales slip. For example, if the sales slip says that the payment terms are "6 Mo/Custom $25", it means that for 6 monthly billing cycles the minimum payment for the special subaccount will be $25. |
CASH ADVANCE SUBACCOUNT MINIMUM PAYMENT. The new balance shown for the Cash Advance subaccount on a statement is the unpaid balance of the Cash Advance subaccount at the end of the billing cycle. The minimum payment for the Cash Advance subaccount is 1/30th of the highest new balance of the Cash Advance subaccount, but at least $25.00. The minimum payment will be rounded to the nearest dollar. The minimum payment will change only if subsequent Cash Advance subaccount activity increases the new balance to an amount requiring a higher minimum payment.
WHEN FINANCE CHARGE IS IMPOSED – CASH ADVANCES. A finance charge in the form of a cash advance fee will be imposed on each cash advance posted to the Cash Advance subaccount. In addition, a finance charge figured by applying the periodic rate will be imposed on cash advances from the day they are posted to the Cash Advance subaccount until the day they are paid in full. There is no time period within which to pay to avoid these finance charges.
PERIODIC RATE. The monthly periodic rate used to figure the finance charge for the Cash Advance subaccount will be a variable rate, subject to quarterly changes, and based on the prime rate. The minimum monthly periodic rate that can apply is 1.825% (ANNUAL PERCENTAGE RATE 21.90%). There is no limit on the maximum monthly periodic rate that can apply. The prime rate we use is the highest prime rate published in the Money Rates section of The Wall Street Journal on the first day of the month preceding the month of the rate change date. If The Wall Street Journal is not published on the first day of the month, we will use the prime rate in the next issue of The Wall Street Journal. If the prime rate is no longer published or is otherwise unavailable, we may select a comparable rate. The monthly periodic rate will increase if the prime rate increases and decrease if the prime rate decreases. An increase in the monthly periodic rate may result in increased finance charges and may increase the number of minimum monthly payments necessary to repay the balance of the Cash Advance subaccount. The rate change date for each quarter is the first day of the first billing cycle beginning on or after January 1, April 1, July 1, and October 1. The monthly periodic rate for a billing cycle is figured by adding 16.90 percentage points to the prime rate for that billing cycle and dividing the sum by 12. As of July 1, 2008, the monthly periodic rate was 1.825% (ANNUAL PERCENTAGE RATE 21.90%).
CASH ADVANCE FEE. You agree to pay a cash advance fee to your account for each cash advance you obtain. The cash advance fee is an additional FINANCE CHARGE, which will be applied to your Cash Advance subaccount when the cash advance is posted. The amount of the cash advance fee will be 3% of the amount of the cash advance, but not less than $10.00 for any single cash advance. We may waive cash advance fees for certain cash advances for a specified period of time. This means that you will not be charged for cash advance fees on those cash advances during the special terms period.
FINANCE CHARGE. The total finance charge for your Cash Advance subaccount for a billing cycle will be made up of any cash advance fee imposed during the billing cycle, plus the amount obtained by applying the periodic rate for the current billing cycle to the average daily balance of cash advances.
AVERAGE DAILY BALANCE OF CASH ADVANCES. To get the average daily balance of cash advances for the Cash Advance subaccount we take the beginning balance of cash advances each day of the current billing cycle, add any cash advances and other charges and subtract any payments or credits that were applied to cash advances. This gives us the daily balance of cash advances. Then we add up all the daily balances of cash advances (credit balances are not included) and divide the total by the number of days in the current billing cycle. This gives us the average daily balance of cash advances.
NOTICES:
The information about the cost of the card described in the credit card account agreement is accurate as of July 2008. This information may have changed after that date. To find out what may have changed, call us at 1-866-350-2690.
IN CA: A married applicant may apply for a separate account. After credit approval each applicant will have the right to use this account to the extent of any limit set by us, and may be liable for all amounts extended under this account to any joint applicant. IN NY: A consumer report may be requested in connection with this application or any update, renewal or extension of any credit granted as a result of this application. You will be informed upon request whether a report was requested and the name and address of the consumer reporting agency that furnished the report.
IN OH: The Ohio laws against discrimination require that all creditors make credit equally available to all creditworthy customers, and that credit reporting agencies maintain separate credit histories on each individual upon request. The Ohio Civil Rights Commission administers compliance with this law.
IN WI: No provision of a marital property agreement (including a Statutory Individual Property Agreement pursuant to Sec. 766.587, Wis. Stat.), unilateral statement classifying income from separate property under Sec. 766.59, or court decree under Sec. 766.70 adversely affects the creditor unless the creditor is furnished with a copy of the document prior to the credit transaction or has actual knowledge of its adverse provisions at the time the obligation is incurred.
NOTICE TO THE BUYER:
1. Do not sign this credit agreement before you read it or if it contains any blank space.
2. You are entitled to a completely filled in copy of this credit agreement.
3. You may at any time pay your total indebtedness.
YOUR BILLING RIGHTS -- KEEP THIS NOTICE FOR FUTURE USE.
This notice contains important information about your rights and our responsibilities under the Fair Credit Billing Act. Notify Us in Case of Errors or Questions About Your Bill.
If you think your bill is wrong, or if you need more information about a transaction on your bill, write us on a separate sheet at the address listed on your bill. Write to us as soon as possible. We must hear from you no later than 60 days after we sent you the first bill on which the error or problem appeared. You can telephone us, but doing so will not preserve your rights.
In your letter, give us the following information:
• Your name and account number.
• The dollar amount of the suspected error.
• Describe the error and explain, if you can, why you believe there is an error.
If you need more information, describe the item you are not sure about.
Your Rights and Our Responsibilities After We Receive Your Written Notice We must acknowledge your letter within 30 days, unless we have corrected the error by then. Within 90 days, we must either correct the error or explain why we believe the bill was correct.
After we receive your letter, we cannot try to collect any amount you question, or report you as delinquent. We can continue to bill you for the amount you question, including finance charges, and we can apply any unpaid amount against your credit limit. You do not have to pay any questioned amount while we are investigating, but you are still obligated to pay the parts of your bill that are not in question. If we find that we made a mistake on your bill, you will not have to pay any finance charges related to any questioned amount. If we didn't make a mistake, you may have to pay finance charges, and you will have to make up any missed payments on the questioned amount. In either case, we will send you a statement of the amount you owe and the date that it is due.
If you fail to pay the amount that we think you owe, we may report you as delinquent. However, if our explanation does not satisfy you and you write to us within ten days telling us that you still refuse to pay, we must tell anyone we report you to that you have a question about your bill. And, we must tell you the name of anyone we reported you to. We must tell anyone we report you to that the matter has been settled between you and us when it finally is.
If we don't follow these rules, we can't collect the first $50 of the questioned amount, even if your bill was correct.
Special Rule for Credit Card Purchases
If you have a problem with the quality of property or services that you purchased with a credit card, and you have tried in good faith to correct the problem with the merchant, you may have the right not to pay the remaining amount due on the property or services. There are two limitations on this right:
(a) You must have made the purchase in your home state or, if not within your home state, within 100 miles of your current mailing address; and
(b) The purchase price must have been more than $50.
These limitations do not apply if we own or operate the merchant, or if we mailed you the advertisement for the property or services.
| New York residents may contact the New York State Banking Department to obtain a comparative listing of credit card rates, fees and grace periods. New York State Banking Department 1-877-BANKNYS (1-877-226-5697) |
| ANNUAL PERCENTAGE RATE (APR) FOR PURCHASES |
21.90% | ||||||||||
| OTHER APRs | Cash Advance APR: 21.90% | ||||||||||
| VARIABLE RATE INFORMATION |
Your annual percentage rate for purchases and your annual percentage rate for cash advances may vary. Each rate is based on the prime rate, and changes quarterly. The prime rate we use is the highest prime rate published in the Money Rates section of The Wall Street Journal on the first day of the month preceding the month of the rate change date. If The Wall Street Journal is not published on the first day of the month, we will use the prime rate in the next issue of The Wall Street Journal. The rate change date for each quarter is the first day of the first billing cycle beginning on or after January 1, April 1, July 1, and October 1. The annual percentage rate for purchases and the annual percentage rate for cash advances is the prime rate plus 16.90 percentage points, with a minimum APR of 21.90%. | ||||||||||
| GRACE PERIOD FOR REPAYMENT OF BALANCES FOR PURCHASES | You have between 20 and 25 days inclusive after the billing date to repay your balance before a finance charge on purchases will be imposed. | ||||||||||
| METHOD OF COMPUTING THE BALANCE FOR PURCHASES | Two-cycle average daily balance (excluding new purchases) |
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| LATE PAYMENT FEE |
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| OVER LIMIT FEE | $35 | ||||||||||
| CASH ADVANCE FEE | 3% of each Cash Advance with a minimum of $10.00 | ||||||||||
| ANNUAL FEE | None | ||||||||||
| MINIMUM FINANCE CHARGE | None |
Convenience Payment Fee -- $10.00 per payment
The parties agree as follows:
| (1) RIGHT TO ELECT TO ARBITRATE: Any party covered by this Agreement may elect to have any claim, dispute or controversy ("Claim") of any kind (whether in contract, tort or otherwise) arising out of or relating to your Credit Card Account Agreement, or any prior or future dealings between us, resolved by binding arbitration. If any party covered by this Agreement elects arbitration, that election is binding on all parties to this Agreement. A Claim may include, but shall not be limited to, the issue of whether any particular Claim must be submitted to arbitration, or the facts and circumstances involved with your signing of this Agreement, or your willingness to abide by the terms of this Agreement or the validity of this Agreement. Any such election may be made at any time. All parties agree that no party has to initiate an arbitration proceeding before exercising remedies of self-help repossession, non-judicial foreclosure, replevin or other similar remedies. In addition, any party covered by this Agreement retains the right to seek relief in small claims court for any Claim within the scope of the small claims court's jurisdiction. The filing of a lawsuit or the pursuit of other self-help remedies does not mean that any party has waived the right to subsequently elect to submit a Claim to arbitration. (2) RULES: If arbitration is elected, it will be conducted pursuant to the rules of the American Arbitration Association which are in effect on the date a dispute is submitted to the American Arbitration Association. Information about the American Arbitration Association, its rules, and its forms are available from the American Arbitration Association on the internet at http://www.adr.org or from the American Arbitration Association at 335 Madison Avenue, Floor 10, New York, New York 10017-4605. Any hearing will take place in the county of your residence. The arbitrator shall be neutral and any party may require that the arbitrator be a retired federal judge. The arbitrator shall apply all applicable law and shall provide a written decision that includes findings of fact and conclusions of law. Judgment upon the award issued by the arbitrator may be entered in any court having jurisdiction. (3) CLASS CLAIMS OR CONSOLIDATED CLAIMS: There is no authority for any claims to be arbitrated as a class action or consolidated with the claims of other persons. (4) FEDERAL ARBITRATION ACT: The parties agree the Credit Card Account Agreement involves "interstate commerce" and shall be governed by the Federal Arbitration Act ("FAA"), Title 9, United States Code, and this Agreement shall be governed by the provisions of the FAA. (5) FEES & COSTS: If you start an arbitration proceeding, you agree to pay the initial filing fee required under the Rules up to a maximum of $125. The American Arbitration Association may, in the event of extreme hardship on the part of any party, defer or reduce the administrative fees. We agree to pay for any part of the filing fee and any deposit required under the Rules in excess of $125. We also agree to pay the costs of the arbitration proceeding. If we start an arbitration proceeding, we will pay the filing fee, any deposit required under the Rules, and the costs of the arbitration proceeding. Each party shall be responsible for their own attorney, witness, and expert fees and costs unless the Credit Card Account Agreement (or applicable law) provides otherwise. (6) California Residents Only: In the event that Borrower is a California resident, this Arbitration Agreement shall apply only to disputes in which the Borrower seeks to recover for himself or herself an amount of money, not including attorney fees and costs, that exceeds the jurisdictional dollar limit of the Small Claims Court. (7) LIMITATION OF RIGHTS: IF ARBITRATION IS ELECTED BY ANY PARTY UNDER THIS AGREEMENT: (A) YOU WILL NOT HAVE THE RIGHT TO GO TO COURT OR TO HAVE A JURY TRIAL; (B) YOU WILL NOT HAVE THE RIGHT TO ENGAGE IN PRE-ARBITRATION DISCOVERY EXCEPT AS PROVIDED IN THE RULES; (C) YOU WILL NOT HAVE THE RIGHT TO PARTICIPATE AS A REPRESENTATIVE OR MEMBER OF ANY CLASS OF CLAIMANTS PERTAINING TO ANY CLAIM SUBJECT TO ARBITRATION; (D) THE ARBITRATOR'S DECISION WILL BE FINAL AND BINDING WITH LIMITED RIGHTS TO APPEAL; (E) THIS AGREEMENT SUPERSEDES ANY PRIOR ALTERNATIVE DISPUTE RESOLUTION AND/OR ARBITRATION AGREEMENT THAT MAY EXIST BETWEEN YOU AND US; (F) IF ANY PROVISION OF THIS AGREEMENT IS HELD TO BE INVALID, THE INVALID PROVISION SHALL NOT AFFECT THE ENFORCEMENT OF ANY OTHER PROVISION OF THIS AGREEMENT, EXCEPT THAT IF PARAGRAPHS 3, 6 OR 7(C) ARE HELD TO BE INVALID, THEN THIS AGREEMENT SHALL BE NULL AND VOID IN ITS ENTIRETY. |
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Wells Fargo Financial is an affiliate of Wells Fargo Bank, N.A.