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Wells Fargo Wallet Terms and Conditions

Wells Fargo Wallet Service Addendum to Wells Fargo Online Access Agreement

Effective as of September 12, 2015

This Addendum (“Addendum”) and the Wells Fargo Online Access Agreement (“OAA”), together with your Funding Account Agreement (defined below) contain the terms that govern your use of the Wells Fargo Wallet Service (the “Wallet Service”). You may review the OAA at www.wellsfargo.com.

Please read this Addendum carefully. By selecting “ACCEPT” below or using the Wallet Service, you are agreeing to the terms of this Addendum. You are already bound by the terms of the OAA and your Funding Account Agreement.

We will notify you of changes to this Addendum, the OAA or the Funding Account Agreement as specified in the OAA or the Funding Account Agreement, as applicable.

Your agreement to these terms is essential to our agreement to deliver the Wallet Service and our pricing of the Wallet Service.

In the event of any inconsistency between this Addendum and the OAA, this Addendum will control. In the event of any inconsistency between this Addendum or the OAA and the Funding Account Agreement, the Funding Account Agreement will control.

Except as otherwise provided in this Addendum, terms defined in the OAA or the Funding Account Agreement have the same meaning in this Addendum. In addition, in this Addendum:

  • "Business Day" means Monday through Friday, and excludes Saturday, Sunday and federal banking holidays.
  • “Funding Account” means your Wells Fargo account we have identified as eligible to serve as a funding source for one or more Wallet Transactions, such as your Wells Fargo Debit Card or Wells Fargo Credit Card.
  • “Funding Account Agreement” means your account agreement with us, including schedules and attachments, governing your Funding Account.
  • “Mobile Device” means a smartphone, tablet, or any other hand held or wearable communication device that allows you to use the Wells Fargo Wallet Service application.
  • “Payee” means any merchant or other person receiving a payment from you using the Wallet Service.
  • “Wallet Transaction” means a transaction initiated through the Wallet Service via a Mobile Device using one of our mobile software applications (i.e., an “app”) to pay funds out of your Funding Account to a Payee.

1. Using the Wells Fargo Wallet Service

The Wallet Service allows you to access your Funding Account to authorize transactions with Payees. To use the Wallet Service, you must have a Funding Account. The Wallet Service will be deemed to be a “card” (as defined in the Funding Account Agreement). Provided, however, that:

  • The Wallet Service may only be used with participating Payees;
  • The Wallet Service cannot be used to make regular, preauthorized payments to third parties; and
  • We may limit the number of authorizations we allow during a period of time, and reserve the right to deny certain Wallet Transactions for any reason, including default, suspected fraudulent or unlawful activity, or any indication of increased risk related to the transaction.

Debit Card Overdraft Service. A Wallet Transaction made with a debit card that draws from your checking account as the funding source is processed as a one-time debit card transaction.  To the extent that you are using your consumer checking account as the funding source with your debit card and have added Debit Card Overdraft Service to your Funding Account, this election also applies to Wallet Transactions and any resulting overdrafts are subject to an overdraft fee as provided for in your Funding Account Agreement and the Consumer Account Fee and Information Schedule.

Any limitations we place on the frequency or dollar amount of your card transactions will also apply to Wallet Transactions.

You agree that you will only use the Wells Fargo Wallet Service for Wallet Transactions entered into for lawful purposes. The Wells Fargo Wallet Service is an Online Financial Service under the OAA.

2. Access, Termination and Bank Liability

A. Gaining access

To access the Wallet Service you must maintain access to Wells Fargo Online. You must also have an eligible Mobile Device and our mobile application that includes access to the Wallet Service. We may determine, in our sole discretion, which Mobile Devices are eligible for the Wallet Service. You must also comply with any security procedures and policies we may establish from time to time for accessing the mobile application and the Wallet Service.

Use of the Wallet Service requires a connection to a wireless data network. Depending on your agreement with your mobile service provider, you may incur charges for accessing the Wallet Service.

B. Terminating access

In the event you violate any terms of this Addendum, the OAA or the Funding Account Agreement, we may suspend or terminate your access to the Wallet Service. We may also suspend or terminate your access to the Wallet Service if we have a reasonable belief that such suspension or termination is necessary to protect us or you from loss. Such suspension or termination may occur without prior notice.

We may, in our sole discretion and without prior notice to you, discontinue the Wallet Service at any time.

C. Bank liability for failure to stop or complete a Wallet Transaction.

If we do not complete a Wallet Transaction on time or in the correct amount, according to our agreement with you, we will be liable for your losses or damages as specified in this Addendum. However, there are some exceptions. We will NOT be liable if:

  • Through no fault of ours, you do not have enough money or available credit in your Funding Account to make the transaction;
  • The funds in your Funding Account are subject to legal process or some other encumbrance restricting such transaction;
  • Circumstances beyond our control (such as fire, flood, or power failure) prevent the transaction, despite reasonable precautions we have taken.

There may be other exceptions stated in your Funding Account Agreement.

D. No right to cancel or stop a Wells Fargo Wallet Transaction

Wallet Transactions, once authorized, cannot be cancelled or stopped. You agree that you, and not we, will be responsible for resolving any payment dispute with any Payee.

3. Fees

While we do not currently charge you a fee for using the Wallet Service, we reserve the right to charge a fee in the future. In the event we do charge a fee, we will give you prior notice. Other fees applicable to your Funding Account, including any overdraft fees you may incur as the result of a Wallet Transaction, will apply as provided in the Funding Account Agreement. If you are using your consumer debit card as the funding source and have signed up for the Debit Card Overdraft Service, please see the Consumer Account Fee and Information Schedule for fees that apply for the service. If you are using your business debit card as the funding source, and have not requested that we not pay overdrafts on one time debit card transactions, overdrafts resulting from a Wallet Transaction are subject to an overdraft fee as provided in your Funding Account Agreement.

4. Electronic Fund Transfer Provisions for Consumers Using a Wells Fargo Debit Card or Wells Fargo EasyPay Card to Fund Wells Fargo Wallet Transactions.

A. Applicability

Federal law provides you with protections for Wallet Transactions. The information in this Section 4 applies to each Wallet Transaction made with a consumer debit card or Easy Pay Card as the funding source. Please be sure to review your Funding Account Agreement for important information about Electronic Banking services.

B. Your Liability for Unauthorized Wallet Transactions

Tell us AT ONCE if you believe that a Wallet Transaction has been made without your permission. Telephoning is the best way of keeping your possible losses down. You could lose all the money in your Funding Account (plus your maximum overdraft line of credit).

  • If you tell us within 2 Business Days after you learn of an unauthorized Wallet Transaction, you can lose no more than $50 if someone used your Mobile Device to make a Wallet Transaction without your permission.
  • If you do NOT tell us within 2 Business Days after you learn of an unauthorized Wallet Transaction, and we can prove we could have stopped the unauthorized  Wallet Transaction if you had told us, you could lose as much as $500.
  • If your periodic statement shows a Wallet Transaction that you did not make or authorize, tell us at once. If you do not tell us within 60 days after the statement was mailed, made available, or transmitted to you, you may not get back any money you lost after the 60 days if we can prove that we could have stopped someone from taking your money if you had told us on time.
  • If a good reason (such as a long trip or a hospital stay) kept you from telling us, we will extend the time periods.

You may notify us by calling the Wells Fargo number on the back of your card or by mail at:

  • Wells Fargo Bank, P.O. Box 4132, Concord, CA 94518-4917.

C. Zero Liability Protection

Zero Liability can provide you with added protection from unauthorized Wallet Transactions.  If you suspect that your Mobile Device is lost or stolen, or that an unauthorized Wallet Transaction has been made, notify us as soon as possible by calling the Wells Fargo number on the back of your card.  A delay in reporting an unauthorized transaction may prevent you from taking advantage of this protection.

  • Notices given within 60 days of mailing or availability of first statement. You will have Zero Liability protection for an unauthorized Wallet Transaction if you notify us of the unauthorized transaction within 60 days of when the first statement showing the unauthorized transaction was mailed, made available, or transmitted to you.
  • Notices given more than 60 days of mailing or availability of first statement. If you do not notify us within this 60-day period, you will have the burden of proving that the transaction was unauthorized. Use of your Mobile Device for a Wallet Transaction is “Authorized” if it is used by you or anyone to whom you have given actual, implied, or apparent authority. You may be required to provide documentation in support of your claim, including an affidavit of unauthorized use and a police report. Additionally, in evaluating your claim, we will consider whether any negligence on your part has contributed to the transaction in question.

D. In Case of Errors or Questions about Wallet Transactions

Please call the Wells Fargo number on the back of your card, or write to us at Wells Fargo Bank, P.O. Box 4132, Concord, CA 94518-4917, if you think your statement or receipt is wrong or if you need more information about a Wallet Transaction listed on the statement or receipt.

We must hear from you no later than 60 days after the date we send the FIRST statement on which the problem or error appeared:

  • Tell us your name and account number
  • Describe the error or the Wallet Transaction you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information
  • Tell us the dollar amount of the suspected error

If you tell us orally, we may require that you send your complaint or question in writing within 10 Business Days.

We will attempt to complete our investigation within 10 Business Days after we hear from you. We will tell you the results within 3 Business Days after completing our investigation and correct any error promptly. If we need more time, however, we may take up to 90 days to investigate your complaint or question about your Wallet Transaction, and if so we will provisionally credit your account within 10 Business Days for the amount you think is in error, so that you will have the use of the money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within 10 Business Days, we may not credit your account. The 10 Business Day period described in this section is changed to 20 Business Days if the Wallet Transaction at issue occurred during the first 30 days your Funding Account is open.

If we decide that there was no error, we will send you a written explanation within 3 Business Days after we finish our investigation. You may ask for copies of the documents that we used in the investigation.

E. Documentation

You have the right to find out whether a Wallet Transaction was debited from your Funding Account. Please contact the Wells Fargo Phone Bank at the number listed on your statement for your Funding Account. We will make available to you a monthly statement if there is a Wallet Transaction in a particular month. Otherwise, we will make available to you a statement at least quarterly.

You may also access a history of all funds transfers completed or pending at any time by viewing your account activity or statements online.

5. Electronic Fund Transfer Provisions for Businesses Using a Debit Card to Fund Wells Fargo Wallet Transactions.

A. Applicability

The information in this Section 5 applies to each Wallet Transaction made with a business debit card as the funding source. Please be sure to review your Funding Account Agreement for important information about Electronic Banking services.

B. Zero Liability Protection

Zero Liability can provide you with added protection from unauthorized Wallet Transactions.  If you suspect that your Mobile Device is lost or stolen, or that an unauthorized Wallet Transaction has been made, notify us as soon as possible by calling the Wells Fargo number on the back of your card.  A delay in reporting an unauthorized transaction may prevent you from taking advantage of this protection.

  • Notices given within 60 days of mailing or availability of first statement. You will have Zero Liability protection for an unauthorized Wallet Transaction if you notify us of the unauthorized transaction within 60 days of when the first statement showing the unauthorized transaction was mailed, made available, or transmitted to you.
  • Notices given more than 60 days of mailing or availability of first statement. If you do not notify us within this 60-day period, you will have the burden of proving that the transaction was unauthorized. Use of your Mobile Device for a Wallet Transaction is “Authorized” if it is used by you or anyone to whom you have given actual, implied, or apparent authority. You may be required to provide documentation in support of your claim, including an affidavit of unauthorized use and a police report. Additionally, in evaluating your claim, we will consider whether any negligence on your part has contributed to the transaction in question.

6. Additional Provisions for Consumers Using a Credit Card to Fund Wells Fargo Wallet Transactions.

A. Engaging in Wallet Transactions Using Your Wells Fargo Credit Card

A valid Wells Fargo consumer credit card account in good standing may be used as a Funding Account for Wells Fargo Wallet Transactions. The Wells Fargo Wallet is an alternative access method for your Wells Fargo credit card account. All transactions are governed by the Consumer Credit Card Customer Agreement & Disclosure Statement (“Credit Card Agreement”) you received when you opened your credit card account. In addition to all limitations on frequency or dollar amount of your Wells Fargo credit card transactions, we may also, at our sole discretion, place additional limitations on the frequency or dollar amount of Wallet Transactions. All fees and charges provided in the Credit Card Agreement also apply to Wallet Transactions.

B. Your Rights in Case of Errors or Disputes

If a problem arises with a product or service you purchased through a Wallet Transaction, you should try to resolve the problem directly with the merchant; however, you may also have rights with respect to us under applicable law. For more information, please refer to your Credit Card agreement. This describes your billing rights and your rights if you are dissatisfied with your credit card purchases. To request another copy of your Credit Card Agreement, please go to wellsfargo.com/help/agreements.

C. Lost, Stolen or Unauthorized Use

You agree to notify us immediately if your Mobile Device has been lost or stolen, or if you believe your Wallet Service has been used without your permission.  Please call the Wells Fargo number on the back of your card.  You agree to assist us in our investigation.  If you do, you will not be liable for the unauthorized use of you consumer credit card account.

D. Arbitration.

Your Credit Card Agreement contains an arbitration agreement that affects your and our rights with respect to resolving disputes between us related to your use of your Wells Fargo credit card. The Arbitration Agreement also applies to disputes related to your use of your Wells Fargo credit card in connection with a Wallet Transaction.

7. Use of Information

You agree that we may obtain such additional information as we deem reasonably necessary to insure that you are not using the Wallet Service in violation of law, including, but not limited to, laws and regulations designed to prevent “money laundering” or the transfer of funds to or from persons or organizations whose accounts are blocked under regulations of the Office of Foreign Asset Control (OFAC) of the United States Treasury Department. You understand and agree that when you use the Wallet Service, we may obtain information about your Mobile Device.

You understand that in order to complete Wallet Transactions it may be necessary for us to communicate with Payees and other participants in the Wallet Service concerning the Wallet Transactions. You agree that we may use, copy, display, and distribute to other persons any information or data we obtain related to your use of the Wallet Service.

You authorize us to use this information in order to:

  • initiate and complete Wallet Transactions;
  • detect and monitor for fraud or suspicious activity
  • provide information to Payees to facilitate any Payee-sponsored program tied to a Wallet Transaction you initiate; and
  • provide ancillary and supporting services related to the Wallet Service

We may also disclose information to third parties about your account or the transfers you make in order to process your Wallet Transactions, or to verify the existence and condition of your account. The third parties may include, but are not limited to, transaction processors, clearinghouses, credit bureaus and merchants.

We will maintain audit logs that track your access, view, and use of electronic data in connection with your use of the Wallet Service. These audit logs may include, but are not limited to, detailed information about your transactions and communication with Payees.