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Bank-to-Bank Transfer Service Agreement

Wells Fargo Bank-to-Bank Transfer Service Addendum to Wells Fargo Online Access Agreement

Effective as of August 17, 2013
This Wells Fargo Bank-To-Bank Transfer Service Addendum to Wells Fargo Online Access Agreement (“Addendum”) contains the terms that govern the use of the Wells Fargo Bank-to-Bank Transfer Service (the "Transfer Service"). If we make changes to this Addendum, we will update the Addendum on the Website (defined below). We will notify you of changes following the procedures specified in the Online Access Agreement (“OAA”). In the event of any inconsistency between this Addendum and the OAA, this Addendum will control. Except as otherwise provided in this Addendum, terms defined in the OAA have the same meaning in this Addendum.

Please read this Addendum carefully. By agreeing to this Addendum or using the Transfer Service, you are agreeing to the terms of this Addendum and the OAA. This Addendum and the OAA include, among other things:
  • your agreement to the terms or instructions appearing on a screen when using the transfer service;
  • your commitment that you own the account held by us and the account held at the non-Wells Fargo financial institution;
  • your obligations as a user of the Transfer Service;
  • our obligations to you;
  • your waiver of a class action;
  • your agreement with us to use binding arbitration for most disputes arising under this Addendum or concerning the Transfer Service and to waive the right to a trial by jury;
  • limitations on our liability to you;
  • your mutual agreement with us that this Addendum will be governed by the laws of the State of South Dakota, without regard to conflict of law principles.
Your agreement to the terms of this Addendum is essential to our agreement to deliver the Transfer Service and our pricing of the Transfer Service.

1. The Transfer Service

The Transfer Service is an Online Financial Service subject to the OAA, and also to the following, which are considered part of this Addendum:
  • the terms or instructions appearing on a screen when using the Transfer Service; and
  • our rules, procedures and policies and the account agreements applicable to the accounts used in relation to the Transfer Service.
The Transfer Service allows you to transfer funds:
  • from your Wells Fargo Bank, N.A., checking and/or savings accounts to accounts held by you at other United States financial institutions ("Financial Institutions");
  • from accounts held by you at other Financial Institutions to your Wells Fargo Bank checking and/or savings accounts;
  • (from your brokerage accounts with Wells Fargo affiliates to checking and/or savings accounts held by you at other Financial Institutions; and
  • from checking and/or savings accounts held by you at other Financial Institutions to your brokerage accounts with Wells Fargo affiliates.
Each of the accounts referenced above are referred to as "Accounts" in this Addendum.

The Transfer Service is an online service available through a Wells Fargo website (the “Website”) which enables you to transfer money between Accounts; provided that the transfer is permitted hereunder, by applicable law, and to the extent applicable, by your non-Wells Fargo Financial Institution. For brokerage clients, Wells Fargo provides the online transfer functionality on the Website and the brokerage affiliate transfers the money pursuant to requests initiated on the Website.

To use the Transfer Service you must:
  • be of legal age and be a resident of the United States;
  • have at least one Account with us; and
  • be a Wells Fargo Online customer and have agreed to the E-Sign Consent and the OAA.
Once all of your Accounts and/or online service are terminated for any reason, you will have no further right or access to use the Transfer Service.

2. Information Authorization

We may verify the Accounts that you add to the Transfer Service from time to time. You authorize us to validate the Accounts in a manner selected by us, including through the use of a test transfer, in which one or more low value payments will be both credited to and debited from your non-Wells Fargo Account. Once the test transfer is complete we may ask you to access your Account to tell us the amount of the test credit or debit or any additional information reported by your bank with this test transfer. We may also verify Accounts by requiring you to submit proof of ownership of the Account.

3. User Content

Subject to Wells Fargo's Privacy Policy, you agree that we may use, copy, modify, update, display and distribute any information, data, materials or other content (the "Content") you provide to us for the purpose of providing the Transfer Service, and you hereby give us a license to do so. By submitting Content, you represent that you have the right to license such Content to us for the purposes set forth in this Addendum.

4. Accounts

You understand that in order to complete fund transfers, it may be necessary for us to access the websites and databases of other institutions where you hold Accounts, as designated by you and on your behalf, to retrieve information and complete the fund transfers you request. By using the Transfer Service, you represent and warrant to us that:
  • you own the Account held with us or at the non-Wells Fargo Financial Institution;
  • the Account at the non-Wells Fargo Financial Institution is a United States account;
  • when transferring funds to and from a Wells Fargo affiliate brokerage Account, the non-Wells Fargo Account is a checking or savings account and is not a brokerage or other type of financial account;
  • you have the right to authorize and permit us to access your Accounts to complete such funds transfers or for any other purpose authorized by this Addendum;
  • 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 are providing to us is true, current, accurate and complete.
You hereby authorize and permit us to use information submitted by you to accomplish these purposes and to configure the Transfer Service to be compatible with the Accounts.

5. Power of Attorney; limitation on liability.

For as long as you are using the Transfer Service, you give to us a limited power of attorney and appoint us as your true and lawful attorney-in-fact and agent, with full power of substitution and re-substitution, for you and in your name, place and stead, in any and all capacities, to access the Accounts, complete funds transfers as described above, with full power and authority to do and perform each and every act and thing requisite and necessary to be done in connection with completing funds transfers, including verifying the content and authenticity of any funds transfer instruction for the purposes of security procedures applicable to Accounts, as fully to all intents and purposes as you might or could in person. Once we have received written notice that you wish to cease using the Transfer Service as provided in this Addendum and have a reasonable opportunity to act on such notice, this limited power of attorney is automatically revoked; provided, however, that any act done by us in good faith before we have received notice of the termination by you and have a reasonable opportunity to act on such notice shall be deemed to be authorized by you.

You understand and agree that at all times your relationship with each non-Wells Fargo Financial Institution is independent of Wells Fargo and your use of the Transfer Service. We will not be responsible for any acts or omissions by the non-Wells Fargo Financial Institution, including without limitation, any modification, interruption or discontinuance of any Account by such Financial Institution, or by any other third party.

YOU ACKNOWLEDGE AND AGREE THAT WHEN WELLS FARGO IS EFFECTING A FUNDS TRANSFER FROM OR TO ANY OF YOUR ACCOUNTS, WELLS FARGO IS ACTING AS YOUR AGENT, AND NOT AS THE AGENT OR ON BEHALF OF ANY THIRD PARTY. You agree that Wells Fargo, its affiliates, service providers and partners shall be entitled to rely on the authorization, agency and power of attorney granted by you in this Addendum.


R0313P0064371- Inter-FI Transfers FBA

Not all types of accounts are eligible for funds transfer. We reserve the right to decline the use of any account that we believe may present a risk to you and/or us. Be sure to check with your Financial Institution for restrictions regarding transfers among your retirement (401(k), IRA, etc.), savings, trusts, loans, custodial, business, corporate and other account types. We are not responsible for any costs or losses incurred from fund transfers that are not permitted under such restrictions by the non-Wells Fargo Financial Institution or those imposed by applicable law. Excess activity fees may apply if you exceed federally-mandated transaction limits for savings accounts. For more information, please refer to your account agreement with the Financial Institution that maintains your Account.

6. Transfer Types and Limitations

6.1 Types of Transfers

We may from time to time make available additional or new features to the Transfer Service, including but not limited to, a next day service and a higher limit service. You will be approved or declined for any such additional service at our sole discretion and additional terms and conditions may apply. We may at any time decline any funds transfer that we believe may violate applicable law.

6.2 Frequency of Transfers

We do not limit the number of funds transfers you may make; however, you may not make funds transfers in excess of the number of funds transfers allowed by the rules and regulations governing the applicable Accounts. We may from time to time for security and risk management reasons modify the limit, the frequency and the dollar amount of transfers you can make using our Transfer Service. The limits on the frequency and dollar amount of transfers are solely for the protection of Wells Fargo.

6.3 Dollar Amount of Transfers

You may not make funds transfers in excess of dollar limits for the Transfer Service. We reserve the right to change from time to time the dollar amount of funds transfers you are permitted to make using our Transfer Service. Without limiting the foregoing, in the event that your use of the Transfer Service has been suspended and reinstated as provided herein (see Section 9, Suspension and Reinstatement of Transfer Service, below), you understand and agree that your use of the Transfer Service thereafter may be subject to lower dollar amount limitations than would otherwise be permitted by us.

6.4 Transfers subject to the Rules of the Accounts

Additionally, all funds transfers are also subject to the rules and regulations governing the relevant Accounts. You agree not to initiate any funds transfers from or to an Account that are not allowed under the rules or regulations applicable to such Account including, without limitation, rules or regulations designed to prevent the transfer of funds in violation of regulations promulgated by the Office of Foreign Asset Control (OFAC).

6.5 Failure or Rejection of Transfers

Upon learning that the funds transfer could not be completed, we may, but are not obligated to, make a reasonable effort to complete the transfer again. If the funds transfer fails, we will notify you to contact your non-Wells Fargo Financial Institution to learn more about the failure.

We reserve the right to decline (i) any funds transfer or (ii) to submit funds transfer instructions or orders or (iii) to carry out change or cancellation requests.

You represent and warrant to us that you have enough money in the applicable Accounts to make any funds transfer you request that we make on your behalf through the Transfer Service. We may, at our option, take one of following actions if we receive a transfer request against your Account and there are non-sufficient available funds in your Account to cover the transfer without prior notice to you, without regard to whether we may have previously established a pattern of honoring or dishonoring overdrafts:
  • cover the transfer in accordance with the terms of any written overdraft protection plan that you and we have established;
  • cover the transfer and create an overdraft to your Account; or
  • decline the transfer
You agree to pay any associated fee, which may vary depending on the action we take. Any negative balance on your Account is immediately due and payable, unless we agree otherwise in writing, and you agree to reimburse us for the costs and expenses (including attorney fees and expenses) we incur in recovering the negative balance (including overdraft and associated fees).

6.6 Authorization

You agree that your transfer instructions constitute authorization for us to complete the funds transfer. You authorize us to select any means to execute your funds transfer instructions, such as the Automated Clearing House (ACH), wire transfer or check. You agree to be bound by the rules and regulations that govern the applicable funds transfer systems, such as CHIPS or ACH rules as published by the National Automated Clearinghouse Association (NACHA).

We will make all reasonable efforts to process your transfer requests in a timely manner; however, we reserve the right to hold funds pending settlement or for such period of time as we deem necessary, in our sole discretion, to cover items which may be returned unpaid. For Wells Fargo Bank Accounts, any interest earned on such funds during the hold period will remain the property of Wells Fargo. For brokerage Accounts at a Wells Fargo affiliated broker-dealer, any interest will remain in the brokerage Account.

To complete your funds transfer we may utilize ACH transfers, which will result in a debit to one of your Accounts and a credit to another of your Accounts. All Wells Fargo ACH transfers go through a Wells Fargo transfer account. For ACH debit entries (which debit your other Account and credit your Wells Fargo Account), Wells Fargo Bank typically holds funds for 3-4 banking days to make sure that the item will not be returned unpaid before we will credit your Account. The hold times may vary for brokerage accounts at a Wells Fargo affiliated broker-dealer. If the ACH transaction is returned for any reason and the payment has been credited to your Account, you authorize us to debit your Account, in whole or in part, for the amount of the returned item and for any returned item fee.

You understand and agree that we may from time to time impose additional charges in connection with your funds transfer transactions. We will notify you of such charge in advance of the transaction. If you choose to proceed with the transaction, you authorize us to debit your Account in the amount indicated.

6.7 Your Right to Cancel a Transfer

Payments that are in process cannot be cancelled or stopped. When the Transfer Service offers recurring and/or future one time transfers, you may cancel any transfer as long as we receive the request before the process date of the one-time transfer or the next scheduled recurring transfer. For recurring transfers, you may cancel only the next scheduled transfer or the entire recurring transfer schedule. After the entire recurring transfer schedule is cancelled, all future transfers will be cancelled and you must reschedule it if you want transfers to be made in the future.

You may cancel a transfer by logging on to the Transfer Service or by contacting us at Wells Fargo Online Customer Service at 1-800-956-4442.

7. Security

7.1 General

Wells Fargo protects your personal information and privacy as disclosed under How We Protect You, Our Online Security Guarantee, and under Security for your Eligible Account and Online Financial Services in the OAA, all located under the Account Services tab at our Website under Security, Privacy and Legal.

7.2 Security Procedures

You understand that the Financial Institution at which an Account is maintained may contact us to verify the content and authority of funds transfer instructions and any changes to those instructions. You understand that in connection with the Transfer Service we may provide to such Financial Institution such information as may be required to verify the instructions and such verification may constitute a valid security procedure under the rules governing such Account.

7.3 Deviating from Security Procedures

You agree to allow us to authorize any Financial Institution at which you have an Account to accept funds and transfer instructions in accordance with any authorization procedures as may be agreed from time to time between you and such Financial Institution, or between us, on your behalf, and such Financial Institution, without verifying the instructions under the established security procedures, regardless of whether such security procedures were agreed by you directly or by us on your behalf. In addition you agree that we may authorize such Financial Institutions to charge and debit your Accounts based solely on these communications.

7.4 Additional Provisions For Business Accounts.

The provisions in this section 7.4 apply only to transfers to and/or from business accounts. You agree that the password security described in the OAA and in this Section 7 sets forth security procedures for funds transfers that are commercially reasonable. For transfer requests to and/or from business accounts, which are subject to Article 4A of the Uniform Commercial Code (“UCC 4A”), you agree that we are liable only for damages required to be paid under UCC 4A except to the extent such damages are covered by the Online Security Guarantee. In no event will we be liable for any special, indirect or consequential loss, damage, costs or expense of any nature, including, without limitation, lost profits, even if we have been informed of the possibility of such damages, except as may be required by law.

8. Electronic Fund Transfer Provisions for Consumers

8.1 Applicability.

The provisions in this Section 8 apply only to electronic fund transfers that debit or credit a consumer's checking, savings or other asset account and are subject to the Federal Reserve Board's Regulation E (an "EFT"). The terms and conditions applicable to EFTs that debit or credit a brokerage account are set forth in your brokerage account agreement or brokerage account disclosures, and not in this Addendum. Wells Fargo may, when applicable, rely on any exceptions to the provisions in this Section 8 that are contained in Regulation E. All terms not otherwise defined in this Addendum which are defined in Regulation E will have the same meaning when used in this Section 8.

8.2 Your Liability for Unauthorized EFTs from your Consumer Account

Tell us AT ONCE if you believe that your password has been lost or stolen, or if you believe that an EFT 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 account (plus your maximum overdraft line of credit).

Except for EFTs to or from brokerage accounts, your liability for an unauthorized EFT or a series of related unauthorized EFTs will be determined as follows:
  • If you tell us within 2 Business Days after you learn of the loss or theft of your password, you can lose no more than $50 if someone used your password without your permission.
  • If you do NOT tell us within 2 Business Days after you learn of the loss or theft of your password, and we can prove we could have stopped someone from using your password without your permission if you had told us, you could lose as much as $500.
  • Also, if your periodic statement shows transfers that you did not make, including those made by using your password, tell us at once. If you do not tell us within 60 days after the statement was 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 in person, by telephone, by email during a secure session using the appropriate form, or in writing at:
  • 1-800-956-4442, 24 hours a day, 7 days a week
  • Wells Fargo Bank, P.O. Box 4132, Concord, CA 94518-4917
  • You can send an email to the Wells Fargo Online Customer Service area by filling out the appropriate email form accessible after signing on with your password to a secure session. For questions or errors about online funds transfers, you should use the "Transfers and deposits questions" email form.
  • You should also call the number or write to the address listed above if you believe a transfer has been made without your permission

8.3 In Case of Errors or Questions About Your EFTs

For brokerage accounts, you must follow the procedures set forth in your brokerage account agreement or brokerage account disclosures. For other accounts, in case of errors or questions about your EFT, telephone us at Wells Fargo Online Customer Service at 1-800-956-4442 or the number listed on the statement for your Account, or write us at: Wells Fargo Bank, P.O. Box 4132, Concord, CA 94518-4917 as soon as you can, if you think your statement is wrong or if you need more information about a transfer listed on the statement.

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 (if any)
  • Describe the error or the transfer 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 determine whether an error occurred within 10 Business Days after we hear from you and will correct any error promptly. If we need more time to conduct our investigation, however, we will notify you of our need for an extension, which may take up to 45 days to investigate your complaint or question. If we decide to do this, we will 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.

For errors involving new accounts or foreign-initiated transactions, we may take up to 90 days to investigate your complaint or question. For new accounts, we may take up to 20 Business Days to credit your account for the amount you think is in error. We will tell you the results within 3 Business Days after completing our investigation. If we decide that there was no error, we will send you a written explanation. You may ask for copies of the documents that we used in the investigation.

8.4 Documentation

You have the right to find out whether an EFT was credited or debited to your Wells Fargo Account. Please contact the Wells Fargo Phone Bank at the number listed on your statement for your Wells Fargo Account. We will send you a monthly statement if there is an EFT in a particular month. Otherwise, we will send 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.

9. Suspension and Reinstatement of Transfer Service

In the event that we at any time incur a problem with your use of the Transfer Service, including without limitation a failure in attempting to debit any of your Accounts or to collect with respect to any of your funds transfers as described above, and without limiting any other right or remedy that we may have under this Addendum or otherwise, we reserve the right to suspend your right to use the Transfer Service, immediately and without prior notice to you. You understand and agree that such action is reasonable for us to take in order to protect Wells Fargo from loss. In the event of such suspension, you may request reinstatement of your service by contacting us at 1-800-956-4442.

We reserve the right in our sole discretion to grant or deny reinstatement of your use of the Transfer Service. In the event we agree to reinstate you, we reserve the right to, and ordinarily will, initially reinstate your Transfer Service subject to lower per-transaction and monthly dollar limits and/or with other restrictions than otherwise might be available to you. Based upon your subsequent usage of the Transfer Service, we may in our sole discretion thereafter restore your ability to complete transfers subject to such higher limits as may then be in effect (see Section 6.3, Dollar Amount of Transfers, above).

10. Your Responsibility for Errors

You understand that we must rely on the information provided by you and you authorize us to act on any instruction, which has been or reasonably appears to have been sent by you, to submit funds transfer instructions on your behalf. You understand that Financial Institutions receiving the funds transfer instructions may rely on such information. We are not obliged to take any further steps to confirm or authenticate such instructions and will act on them without getting further confirmation. You understand that if you 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 provide. You agree not to impersonate any person or use a name that you are not authorized to use. If any information you provide is untrue, inaccurate, not current or incomplete, without limiting other remedies, we reserve the right to recover from you any costs or losses incurred as a direct or indirect result of the inaccurate or incomplete information.
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. Although we will try to assist you in resolving any such problems, you understand that 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.

11. Proprietary Rights

You acknowledge and agree that Wells Fargo owns all rights in and to the Transfer Service. You are permitted to use the Transfer Service only as expressly authorized by this Addendum. You may not copy, reproduce, distribute, or create derivative works, reverse engineer or reverse compile Wells Fargo's Transfer Service or any of Wells Fargo's services or technology.

12. No Unlawful or Prohibited Use

As a condition of using the Transfer Service, you warrant to us that you will not use the Transfer Service for any purpose that is unlawful or is not permitted, expressly or implicitly, by the terms of this Addendum or by any applicable law or regulation. You further warrant and represent that you will not use the Transfer Service in any manner that could damage, disable, overburden, or impair the Transfer Service or interfere with any other party's use and enjoyment of the Transfer Service. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Transfer Service. You agree that these warranties and representations will remain in full force and effect even if this Addendum terminates for any reason.

13. Transfer Service Changes and Discontinuation

We may modify or discontinue the Transfer Service or your Account(s) with us, with or without notice, without liability to you, any other user or any third party. We reserve the right, subject to applicable law, to terminate your right to use the Transfer Service at any time and for any reason, including without limitation if we, in our sole judgment, believe you have engaged in conduct or activities that violate any of the Terms or our rights, or if you provide us with false or misleading information or interfere with other users or the administration of the Transfer Services. We reserve the right to charge fees for the use of any additional services or features that we may introduce. You understand and agree that you are responsible for paying all fees associated with the use of our Transfer Service.

14. Account Number Policy

If the instructions for a transfer under the Transfer Service identify a bank or beneficiary by name and account number, we or the relevant Financial Institution may execute those instructions by reference to the number only, even if the number does not correspond to the name. You agree that neither we nor the relevant Financial Institution will have responsibility to investigate discrepancies between names and numbers.

15. Joint Account Holder – For Consumer Accounts only

By using the Transfer Service, you confirm that, if any of your Accounts is a joint account, your joint account holder has consented for you to use your Accounts for the Transfer Service. Each joint account holder on Accounts at Wells Fargo has the right of access to account activity and to view transfers scheduled to be debited from the Wells Fargo Account.
For your Wells Fargo Bank checking and savings Accounts, a joint account holder may cancel, but not edit, any pending or scheduled transfer where funds are being transferred from a Wells Fargo Bank Account if the cancellation occurs before the transaction is sent for processing. We reserve the right to end your use of the Transfer Service if any joint account holder notifies us that (i) the joint account holder never consented to your use of our Transfer Service, (ii) the joint account can no longer be operated on your instructions alone, or (iii) the joint account holder is withdrawing consent for you to use the joint account for the Transfer Service.
For your brokerage accounts with Wells Fargo affiliates, any joint account holder may cancel or edit online any pending transfer or scheduled transfer if the cancellation occurs before the transaction is sent for processing and the cancellation or edit functionality is available online. The brokerage account agreement between you and the Wells Fargo brokerage affiliate sets forth the terms and conditions relating to joint accounts.

16. Our Liability

If we do not provide a funds transfer instruction on time, if we cause an incorrect amount to be removed from an Account or if we cause funds from an Account to be transferred to any account other than the Account specified in the applicable funds transfer instruction, we shall be responsible for returning the improperly transferred funds and/or for directing any misdirected funds to the proper Account. We are not responsible or liable for not completing the transfer:
  • if, through no fault of ours, you do not have enough money to make the funds transfer; or
  • if the system fails at a non-Wells Fargo Financial Institution and we are unable to complete the transfer; or
  • if the funds transfer would exceed the credit limit on any applicable overdraft line; or
  • if circumstances beyond our control (such as fire or flood) prevent the transfer, despite reasonable precautions that we have taken; or
  • caused by a third party, including your non-Wells Fargo Financial Institution; or
  • as otherwise stated in the agreement(s) governing your Account(s) with us.
There may be other exceptions in addition to the above stated in the OAA or this Addendum.
Except as otherwise required by law, we will in no event be liable for any losses and damages other than those arising from gross negligence or willful misconduct on our part or if we breach a representation or warranty of hereunder.