Welcome to Scribd, the world's digital library. Read, publish, and share books and documents. See more
Download
Standard view
Full view
of .
Save to My Library
Look up keyword
Like this
3Activity
0 of .
Results for:
No results containing your search query
P. 1
Wells Fargo Business Card Agreement

Wells Fargo Business Card Agreement

Ratings: (0)|Views: 2,622|Likes:
Published by LUE

More info:

Published by: LUE on Jun 09, 2010
Copyright:Attribution Non-commercial

Availability:

Read on Scribd mobile: iPhone, iPad and Android.
download as PDF, TXT or read online from Scribd
See more
See less

06/08/2010

pdf

text

original

 
l
II
ng
in
Arbitraton
Pane, shalhavethepowertoaward
recovery of
al
costs
and fees
(including
:ederal
attorney's
fees,
administratve
fees,and
arbirator's
fees)to
prevaing
party.
Arbitrators shal
beby
this
empoweredtoimpose sanctons and to take such other
actons
asthey deem
necessary
to Iherathersame
exlent
a
udge
could
pursuant
to
the
Federal Rules
of Civi Procedure, the applcable
StateJrsued Rules
of
Civi Procedure and
applcable
law.
Arbiralor(s)
shal be
empowered, at the
wrtten
requastof
any Party in any Dispute, 1) to
consoldate
in
a
single
proceeding any multple partyclaims
that are
substantaly identcal
or
bssed
upon
the
same
underlying transacton;
2)
10
solVed
consoldate
any
claims and Disputes betweenolher
Partes which arse
outof orrelale
to
thersomesubjectmstter
hereof,
including alclaimsby
or
against
borrowers,
guarantors,sureles andlor
nerciat
torneyaccordance
with Rue
23
of the
Federal Rules
ofthe frst arbitralor(s) selectedunless disqualfed
due
to
subject
10
further review or
appeal excapt as otherwise alowed
(e)
Mlacelaneoue:
To
the
maximum
extent practcable,owners ofcolateral; and
3)
to administer mulple
arbnraton
claims
as
class actons
in
Panel,
es appropriate)
and
the partes
shal take
any acton necessary to require that
'ancise
ofarbitraton proceeding hereunder
shal
be concluded within
180
days of the fng
of
the Dispute
lute,
10
with the
AM,
Arbitraton
proceedingsher~under
shal
be
conducted
at
a
locaton mutualy'posesagreeable to the
pMies,
or
if
they cannot
agree, then in
the
state of the
applcable substantve
ry
andlaw
designated intheDocuments
relatng
to
the Dispute at
a
ocaton selected by the
notbe
Administrator.
Wrth
respect
10
any
Dispute,
each party agrees
that al
discovery actvitee
shal
:8
and
be expressly lmited to metters
directy relevant
10
the Dispute
and any Arbitrator,
Arbitraton
,
other
Panel and the
AM
shal
be required to
fulyenforcethis
requirement. Each
partyagrees
to
keep
lnalor
al Disputes
~ubject
to
arbitraton proceedingsstrictyconfdental, except
for
disclosuresofor
the
informaton
required
in
the
ordinary courseof
bUSness
of the
partesorbyapplcable
law
or
at any
regulaton.
This Arbitraton Program shal be
construed
in
accordance
with the Federaltraton
Arbitraton
Act, other
applcable
Federallaw,
and applcable
lawofthestate
of
South Dakotasut
ofweiver
render19ssor
I
lableunless
and
except
to the
extent
that
another
state's~w
is
soecifcalY
desi~nated
for
icable
LIMITATIONONLAWSUITS. Customer
agrees hat any lawsuit
based upon any
cause of acton
shal
which
CUsOmer
may have
against
Bank mustba
fed within one
yearfromthe
date that
~
arsesisputeor
Customer wi be barred from
fng
the lawsuit.
Ths lmitalon
is
intended to include tort,Irshalcontract,
and
al other
causes
01
acton for which Customer
and
Bank may
lawfuly contract
to
0,000,
set lmitatons for
bringing
suit.Ission
OO.
A
TELEPHONE TRANSFERS, Customer aUlhorzes Banktomake transfers,up tothe
avaiable
j
bya
Credit
Lmit,betweentheAocount and
other designated accounts specifed
in
wrtng, upon
1Y
twoBank's
receipl
of
instructons
fromany
of Customers owners or principals.
Ten
days
after
a
Never,
Customer apples
for telephone
transfer capabites,
the
frst telephone
transfer
request
can
be
andmade.Each
telephone
transfer
request
mey take
up to
three
business
days for
processing,
Bank 
relef
wi have
no
labity
for any transfer
mede upon
the wrtten
or
verbal requastof
any
parson beleved
by
Bank in oood faithtohave
been authorzed by
Customer to
submit
tha
request. and hold
Bank harmtess from
and against any
damages,
labites, 
·8·
costs or
expenses
(including attorney's
fees)
arsingout of any
claim
by Customer
or
any
third
party against
Bank
in
connecton
with Bank's
pertormance
01
translers
as
described
above.FOREIGN CURRENCY
TRANSACTIONS,
If you use your Business
Card
to
engage
in
a
transacton
in
a
currency other
than U.S.
dolars ("ForeignCurrency Transacton"),
that amountwi be
converted
into U,S.
dolarsbefore postng
to your Account.
Foreign
Currencv
Transaction
Procedures:
If
a
Foreign Currancy Transacton
occurs,
and the
us
by
the
merchant itself,
MasterCard
Internatonal
or
cardisused,
wi
convert the transacton into
a
CREDIT REPORTS
AND
RE·EVALUATIONOF CREDIT. Customer
authorzes
Bank to
obtain
business and personal
credit bureeu reports
in the
name
oftheCustomer
and guaranlor(s)
atany tme. Customer
agrees
to
submit
toBank
current fnancial
informaton
in
the name
01
the
Customer,andto
submit
or
cause guarantor(s)
to
submit
to Bank
current fnancial informaton
in
the nameof the
guaranlor(s)
at
any
tme upon request. Such
informeton shal
be used for the
purposes
of
evaluatng
or
re'evaluatng
Customers and
guaranlor(s)' creditworthiness.
Upon
detenninaton
that Customers or
guarantor(s)' creditworthiness
has
changed adversely or
doesnot satsfy Bank's
current credit standards,
Bank may
close
or lower
llie
CreditLimit
on
any
orat
Accounts,
Bank mey
report itscredft experience
w~h
Customer
and itsAccount(s)
10
third
pMies.
Customer
agreesthat
Bank mey releese
inlonnaton about Customer or
Customers
Account
to
other
Wels Fargo
companies.
ECOA INFORMATION,RIGHT TO TERMINATE AN ACCOUNT. Bank may
terminate
any or
al
of Customers
Accountsat
any tme, or
reduce the
amount of Customers
Credit
limit
on
any
or
alof
~s
Accounts, without
notce,
subject
to
applcable
law,
even
though Customermaynothave
defaulted
on any
Account.
If
Bank
terminates
anAccount, Customer
agrees
to
destroy
any Business
Card(s) or
SUPERCHECKS
drafts issued
onthat
Account. Customer agrees
thatitwi
contnue to beresponsible
forfulpayment
of
the
balance
on the
closed Account(s)
and
al charges
totheAccount(s),
including,
without
lmitaton:
SUPERCHECKSadvances, Purcheses andCashAdvances that
post after termineton
of the
Account
and any
Finance Charge
and
Other
Charges.Any
principal/owner
of Customer may
cancel
the
Account at any
tme
upon wrttennolfcalon
toBank.CHANGE IN TERMS OFANACCOUNT.
Bankmay
unilaterally
change
any
of
the
terms
01
any
01
Customer's
Accounts
at
Bank's
sole
dlscrellOll at
any tma.
Bank wi
provide
·9·
Customer with
suchnotce as
s
requiredby
law,
by maing
such
notce
to Customer at the latestaddress shown in Bank's
records. Subject
to
applcable
law and
provided
Bank
does
not notfyCustomer
otherwise,
any
changes
wi
apply
to the
current balance
01
its
Accounts as
wel
as
tofuture
balances.LIABILITY
FOR
UNAUTHORIZED USE,
Bank wi not
hold
Customer
lable
for
the
unauthor~d
use
of
Account subject
to
thefolowing:
(1)LAWS
GOVERNtNG THIS AGREEMENT, The laws of the state
01
South Dakota
(excluding
its
confct
of law
provisions) and
of
theUnfted
States
of
Amerca
shal
govern
Ihis
Agreement.
If
any
part
of
this Agreementcannot be enlorced,thisfact
wi
not affectthe
rest
ofthis
Agreement.Bank may
delayor forego enforcing any of
its rghts or
remediesunder
this Agreement wihout
losing
them.
Notwithstanding anything
to the contrary,
this
Agreement shal not require or permitthepayment,
taking,
reselVing!
receiving, colecton
or
charging of
any sums
consttutng
interestthat
exceed
anymeximum
amolnt
of
interest parmitted
by
applcable
law.
Any
such
excessinterest shal be
credited against
thethen
unpaid principal balance
or refunded
to
Customer.Without
lmitng the foregoing,
al
calculatons
to determine whether Interest
exceeds
themexmum
amount shal
be
made
by
amortzing, pro-ratng, alocatng
and
spreading
such
sums
over the
ful term
01
the loan,
includingal pror
and
subsequent
renewals and extensons.Chapter
346
of
the
Texas
Rnence Code
(which
regulates certain
revo~ing
credit accounts)
sha
not
applyto any revolving loan Aocounts existng undar
Ihis
Agreement.
IMPORTANT NOTICETOCUSTOMERSWHOCONTACT
BANK
BY PHONE,
To
ensure
that
Customers
inquiries
are
handledprompty, courtsously
and acourately, some
ofthe
telephone
cals betwean Bank employees and Customers
may be
monitored
or
recorded by
8ank~
mlToo
SERVICE. For
TIYtTDD sarvioe, contact
a
telaphona
reley
servica
provider,
BANK
ADDRESSES.
WF
Business
Payment
Processing,
PO
Box
54349,
los
Angeles,
and
correspondence
to: Wels Fargo,
Business
Operatons
Support,
Sacramento,
CA
95834
CHANGES OF
ADDRESS, TELEPHONE
NUMBER, OR NAME,
Customer
agrees to
immediately
notify
Bank
In
writing
of
any change
of buslnees
or
maing
address,telephone number,
or
business
name.
BlD-01O
(04/06)
©
2006 WelsFargo Bank, N.A.Al
rights reserved.
M·79044
·10
Business
Card
(Visa!!>
Business
card
andMasterCard
BusinessCard
Y
)
Customer
Agreement
Effective
April
1,
2006
CREDIT LIMIT,
The
Cred~
Limit
of
an
Account
Is
shown
in
separate
correspondence provided
toCustomerat
the
tmean
Account
is
opened,
and on eachof
the
month~
periodic (bing)
statements
issued
lor
hat Account.
Customer agreesnot to useor
permit
the useof
an
Account
in
anywaythat
wi
cause
an
Account
toexceedits
Credit
Limit.Customer agrees
that
It is
responsible
for
repaying outstanding
advances underthe
Account, Including
but not
lmited
tothose
that exceed
its
Credit
limit.
Bankmay, atits opton, assess
an
Ovenimit Fee,
close
theAccount,
exerc~e
any
01
ils
otherremedies under this
Agreement, and
reduce
your
Credit
limit
without
notce
to
you,except
in
those situatons
where
notce
Isrequired
by
law.PROMISE TO
PAY
Customer agrees
to
pay
Bank, whan
due,
the
IOta
of al purchases and
BusinessCard.
made on
the
Account.
Customer
also
promises to
pay
the
totalofany
Finance
Cash
Advances:
a
fnancial instiulon
or
an
credit cards ("Cashinquiries using
your
Ffifgd
ATMs,
or any
ATM
al
costsandSUPERCHECKS'" ADVANCES,
SUPERCHECKS
drafts
are
designed
foruse with an
Account.
The
drafts
mey
be
used
lke normal
bank
checks.
When
the
Bank
receives
a
draft, the
Bank wipay
i
by advancing
tile
amount
of
he draft
fromthe
Account unless tha Account is delnquent,
indefault,
closed
or
he draft would
causethe
balance
togo over
the Credit
limit
of
the Account.
You
meynot
wrte
SUPERCHECKS
drafts
as
payment.for
your
Account.
ASUPERCHECKS
drafts
must be
written
in
U.S.
dolars.
No feesareassessed when
ordering
SUPERCHECKS;however,
Transacton Finance Charges
may
apply
when the
drafts
are used. If you have
a
·1

You're Reading a Free Preview

Download
/*********** DO NOT ALTER ANYTHING BELOW THIS LINE ! ************/ var s_code=s.t();if(s_code)document.write(s_code)//-->