Account Agreements and Disclosures
Please read the information contained in this document carefully and print and/or retain this information electronically for future reference.
For your convenience, a hyperlink is listed below for each document.
• Consent to Electronic Documents
• Important Account Information
• Terms & Conditions
• WebBank Privacy Policy
• DFS Privacy Policy
Consent to Electronic Documents
As part of our relationship with you, WebBank and Dell Financial Services L.L.C. (“DFS”), as servicer of the Dell Preferred Account program offered by WebBank (referred to as “we” and “us”) may send Dell Preferred Account holders various types of communications electronically, including but not limited to: credit application, application disclosures, privacy statements, important terms of your credit account and disclosure statement, summary of terms, initial disclosure statements, and promotional offer details. You may also receive notices of credit decisions, change in terms notices, notices of increase or decrease in credit lines, account updates, and other information (referred to as
“Communications”). In order to apply for a Dell Preferred Account online, you must consent to receive account opening disclosures and important documents electronically that we provide in connection with your account. Please read the terms of this consent below.
Note: You are NOT enrolling in Paperless Statements. Once you have a Dell Preferred Account, you can also choose to receive account statements electronically, by logging into your profile at https://dfs.dell.com.
1. Consent to electronic records and signatures. Please read the following consent carefully before submitting your application or otherwise using your account. By electing to receive Communications electronically, you agree to be bound by and comply with the terms set forth in this consent. If you do not agree to comply with these terms, you may not apply for a Dell Preferred Account online. After you have read the terms, please provide your consent by clicking the applicable checkbox.
2. Scope of consent. By electing to receive Communications electronically, you are consenting to receive from us any Communications or disclosures related to your account by electronic means. This consent is NOT enrolling you in paperless statements.
3. Withdrawal of consent. Following account opening, you may withdraw your consent to receive electronic Communications at any time. To withdraw your consent, please email ******************@****.***. Withdrawing your consent will not affect the validity of any disclosures already provided. Any withdrawal of your consent to receive electronic Communications will be effective within 30 days of our receipt of your request. Please note withdrawing your consent will not cancel electronic delivery of monthly billing statements. 4. Option to receive a paper copy. You can contact us at 1-800-***-**** to request paper copies of any Communications that were previously provided electronically. Your request may be subject to a fee, unless otherwise prohibited by law. Please see your account agreement for additional detail. 5. Hardware and software requirements. To access the Communications subject to this consent, you will need an active email address as well as a web browser that meets the security requirements of our site, specifically the latest two versions of Microsoft Internet Explorer or the latest version of Firefox and/or Google Chrome. For the latest versions, please visit www.mozilla.com; www.google.com/chrome; or www.microsoft.com/windows/internet-explorer. You will also need software on your computer or an application (“app”) on your mobile device or tablet that enables you to view and retain files in Portable Document Format (PDF), such as Adobe Acrobat Reader, which is a free download from www.adobe.com. To retain a copy of any Communication, you will need a printer or sufficient electronic storage capacity on your computer, mobile device, tablet, or other data storage device. You should check the software requirements frequently for updates. From time to time, we may offer services or features that require that your web browser be updated or reconfigured. 6. Updating contact information. You are responsible for maintaining an email address that is active and can receive email from DFS. If your email address or other contact information changes, please update it promptly at www.dellfinancialservices.com or call us at 1-800-***-****. 7. Other important terms and conditions. You agree that we will not be liable for any delays or failures in performance or for any interruptions arising from any cause or circumstance beyond our reasonable control. You will not send any computer viruses or other messages that could damage our systems. You further agree that you may not assign or transfer this consent and that any attempt to assign or transfer this consent by you shall be null and void. This consent shall be construed according to federal law, including the Electronic Signatures in Global and National Commerce Act and, to the extent state law applies, the law of Utah. We reserve the right to send paper disclosures in lieu of electronic Communications. We also reserve the right to change any terms described in this consent.
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Important Account Information
INTEREST RATES AND INTEREST CHARGES
Annual Percentage
Rate (APR) for
Purchases
19.99% to 29.99% depending on your creditworthiness. This APR will vary with the market based on the Prime Rate. How to Avoid Paying
Interest on Purchases
Your due date is at least 22 days after the close of each billing cycle. We will not charge you any interest on purchases if you pay your entire balance by the due date each month. Minimum Interest
Charge If you are charged interest, the charge will be no less than $2.00 For Credit Card Tips
from the Consumer
Financial Protection
Bureau
To learn more about factors to consider when applying for or using a credit card, visit the website of the Consumer Financial Protection Bureau at http://www.consumerfinance.gov/learnmore.
FEES
Annual Fee None
Penalty Fees
• Late Payment Up to $40
How We Will Calculate Your Balance: We use a method called “average daily balance (including new purchases).” See the account agreement for more details.
Billing Rights. Information on your rights to dispute transactions and how to exercise those rights is provided in your account agreement.
Annual Percentage Rate (APR) for Purchases: The APR for Purchases is a variable APR determined by adding a margin of 12.24 to 23.24 percentage points to the Prime Rate Index. The daily periodic rate is 0.05477 – 0.08216 percentage points.
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Terms and Conditions
IMPORTANT MESSAGE FOR CUSTOMERS
Following is the DELL PREFERRED ACCOUNT CREDIT AGREEMENT that governs the Dell Preferred Account you requested for purposes of financing the purchase of goods and/or services from Dell Technologies or its affiliates (“Dell”), or other participating retailers who accept the Dell Preferred Account (each, a “Participating Merchant”). Please read it carefully. IT CONTAINS VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS. UNDER THIS AGREEMENT YOU MAY BE REQUIRED TO RESOLVE DISPUTES WITH WEBBANK, DELL FINANCIAL SERVICES (“DFS”), AND OTHERS THROUGH ARBITRATION ON AN INDIVIDUAL BASIS, RATHER THAN A COURT PROCEEDING. If you reject the terms and conditions contained in the Agreement, you still have time to cancel your Account and avoid any interest charges and other credit costs. IF YOU WISH TO REJECT THE TERMS AND CONDITIONS CONTAINED IN THE AGREEMENT, YOU MUST CALL 800-***-**** FOR DELL PURCHASES OR 800-***-**** FOR PARTICIPATING MERCHANT PURCHASES WITHIN 3 DAYS OF RECEIPT OF THE AGREEMENT. You will need to provide the phone representative with your Dell Preferred Account number, your Dell Customer Number or Participating Merchant Customer Number and/or your Order Number(s). The phone representative will communicate with WebBank to ensure that your Account will not become effective. If you made a purchase from Dell, the phone representative will either cancel your order or obtain another method of payment. If you made a purchase from a Participating Merchant, you should return the items purchased to the Participating Merchant. If your purchase arrives at your home after you have canceled it and the shipment is left at your home without a signature, do not open the boxes. Call the carrier and tell them that you are refusing shipment. The carrier will arrange with you to pick up the shipment and return it to Dell or the Participating Merchant If you contact DFS to cancel your Account but fail to return your purchase to Dell or the Participating Merchant within the applicable return period, your acceptance of any products you purchased constitutes use of the credit offered and acceptance of the terms and conditions of the Agreement. Your acceptance of the Agreement will authorize DFS and/or its affiliates to request an advance of funds pursuant to the Agreement to pay for your purchase from Dell or the Participating Merchant.
SPECIAL NOTICE TO ACTIVE MEMBERS OF THE ARMED FORCES: If you are an active member of the Armed Forces, or a dependent of an active member of the Armed Forces at the time you established your Account, and you established your Account on or after October 3, 2016, the following additional terms apply to this Agreement:
• This Agreement is modified so that the provisions under the headings “Arbitration Notice” and “Arbitration” do not apply to you.
• Federal law provides important protections to members of the Armed Forces and their dependents relating to extensions of consumer credit. In general, the cost of consumer credit to a member of the Armed Forces and his or her dependent may not exceed an annual percentage rate of 36%. DELL PREFERRED ACCOUNT CREDIT AGREEMENT
Offered by WebBank and serviced by Dell Financial Services. Definitions. The word “Agreement” refers to this Dell Preferred Account Credit Agreement. In this Agreement, the words “you” and “your” mean the person who applied for this Dell Preferred Account. With the exception of the arbitration provision, the words “we”, “us”, and “our” mean WebBank, who is the lender. “Account” means your Dell Preferred Account, which will be governed by this Agreement. Dell Financial Services (“DFS”) will service your Account for WebBank.
Use of Your Account. Your use of the open-end credit offered pursuant to this Agreement, or its use by anyone you authorize, shall constitute acceptance of the terms of this Agreement and the arbitration provision contained in this Agreement. Your use of the Account also acknowledges that you are of legal age to enter into a binding agreement with us. You agree that this Account shall be used for purchases of equipment, software and services
(“Products”) to be used for personal, family, or household purposes and not for resale or commercial or business purposes. Any purchase may be cancelled if Dell or a Participating Merchant cannot ship the order to the requested shipping address or if we reasonably believe that you are in default under any terms of this Agreement. Billing Period. A Billing Period is the interval between monthly billing statements. The Statement Closing Date is the last day of the Billing Period for that statement. Payment. You promise to pay us for all purchases charged to your Account plus any Interest Charges and any other charges that may be assessed as provided in this Agreement. You promise to pay at least the Minimum Payment Due as shown on your billing statement each month by the Payment Due Date. We will advise you of your Payment Due Date each month on your billing statement. Your Payment Due Date will be the same day of the month for each monthly Billing Period and will be at least 22 days after the close of each Billing Period. Your Minimum Payment Due is the greater of either $20 or 3% of the New Balance shown on your billing statement
(excluding any balance on a Planned Payment Purchase prior to its expiration date) rounded up to the next dollar, plus any Monthly Planned Payment Due, plus the sum of all past due amounts. However, the Minimum Payment Due for any Billing Cycle will never be greater than the total balance outstanding on the Account at the end of such Billing Period. At any time we can require you to pay all amounts by which your balance exceeds your Credit Limit. You may pay all or any part of your balance at any time without penalty.
When Periodic Interest Charge is Imposed. Interest Charges on purchases will accrue from the date the transaction posts to your Account until the date we receive payment in full of the balance on your Account. However, if you paid in full the New Balance from your immediately preceding Billing Period by the Payment Due Date shown on the statement, then: (1) if your Previous Balance was $0 and you pay the New Balance for the current Billing Period by the Payment Due Date shown, you will not be charged any Interest Charges; and (2) if you make a payment by the Payment Due Date shown on the current statement that is less than the New Balance, that payment will be credited as of the payment date and interest will be assessed. Periodic Interest Charge. We figure the “Interest Charge” on your Account for any Billing Period by applying the Daily Periodic Rate to the Average Daily Balance of your Account (including new purchases) and multiplying the result by the number of days in the Billing Period. To determine your “Average Daily Balance,” we calculate a new balance each day of the Billing Period for each separate credit plan that is part of your Account. For each credit plan we do the following: we take the previous balance each day, which includes any billed, but unpaid Interest Charges, Late Payment Fees and other fees, add any new purchases or charges, and subtract any payments or other credits. Then, we add up all the New Balances for the Billing Period, and divide the total by the number of days in the Billing Period. This gives us the Average Daily Balance for each separate credit plan that is part of your Account. The Average Daily Balance computation results in the compounding of interest on your Account, and you agree that we may compound interest on your Account. Please see above, under “When Periodic Interest Charge is Imposed,” for special rules that apply if new purchases are posted to your Account in Billing Periods when your prior Billing Period’s New Balance was
$0 or was paid in full. Interest Charges for purchases subject to a Promotional Credit Plan with a deferred interest feature will not be added to your Account if you pay your balance in full by the appropriate Payment Due Date. If the Interest Charge on any billing statement is less than $2, a minimum Interest Charge fee of $2 will be imposed. The fee will be referred to on your billing statement as “Minimum Interest Charge Fee.” Periodic Rate. The Daily Periodic Rate and corresponding Annual Percentage Rate (APR) are variable rates and may change each month. The Corresponding Annual Percentage Rate (the APR for purchases) that applies to your Account is determined by adding a Margin to the Index, which is described below. The Daily Periodic Rate is determined by multiplying the APR for purchases by 1/365th (1/366th in a leap year). The current corresponding APR for purchases, Daily Periodic Rate, Margin and any additional restrictions on how we determine the Annual Percentage Rate appear on the Pricing Addendum that accompanies and is a part of this Agreement. The Index is the Prime Rate published in the “Money Rates” table by The Wall Street Journal the business day immediately preceding the first day of your billing cycle. Any change in the Index will cause the corresponding Annual Percentage Rate to be adjusted as of the first day of your Billing Period that begins after the change. Promotional Credit Plans. In addition to purchases that accrue Interest Charges and require monthly payments as described previously in this Agreement, Promotional Credit Plans may be offered from time to time on specific purchases. A Promotional Credit Plan is strictly limited by its terms and the terms and conditions of the promotion to which it relates. In addition, the benefits of a Promotional Credit Plan may expire and all accrued Interest Charges in these plans will be added to your Account if your Account is placed in default. Paying only the Minimum Payment Due each Billing Period may not result in paying the full purchase price before the expiration date for a promotion and may result in incurring Interest Charges. We may offer promotion periods of different lengths that we will announce from time to time. The promotions that may be offered include: a) No Interest Credit Plan (sometimes referred to as “Special Financing”) – If you pay the full purchase price before the expiration date of the promotion, as indicated on your billing statement, and pay the Minimum Payment Due each Billing Period when due, no Interest Charges will be imposed on the purchase. If such payments are not made, Interest Charges from the date the transaction posts will be added to your Account at the end of the promotion period. During the last two months of any No Interest Credit Plan, amounts paid over the Minimum Payment Due will be applied to the remaining balance of the No Interest Credit Plan about to expire.
b) Planned Payment Purchases – Promotional purchases on which no interest will be charged on the purchase, repaid in substantially equal monthly installments called “Monthly Planned Payment”. Planned Payment Purchases will be subject to the repayment terms offered at the time of the Purchase. You promise to pay each Monthly Planned Payment by the applicable Payment Due Date during the promotional period and pay the Purchase balance in full by the Expiration Date. If you fail to pay the Purchase balance in full by the Expiration Date, any remaining balance after the Expiration Date will be subject to your Standard APR. Credit Limit. Your “Credit Limit” on your Account will be shown on your billing statement. You, not we, are responsible for preventing the balance on your Account
from exceeding the Credit Limit. You agree not to make any purchases that would make the unpaid balance on your Account exceed your Credit Limit. We may, at our sole discretion, refuse to process any transaction that will exceed your Credit Limit. If you exceed your Credit Limit, we may require you to immediately pay the excess and related Interest Charges. You also agree that we may increase or decrease your Credit Limit at any time even if you have not requested that we change your Credit Limit.
Charges. The following fees, when imposed, will be added to your Account balance. The following amounts are our current fee charges. We reserve the right to change the fee schedule from time to time and, if we do so, we will give you any notice required by law. You may call Customer Service for a current fee schedule.
• A Late Payment Fee will be imposed if you fail to pay us the Minimum Payment Due in full by the Payment Due Date on your billing statement. The Late Payment Fee will be $29 for the first late payment and $40 for additional late payments within the next 6 billing cycles after any prior late payment but will not be more than the amount of your Total Minimum Payment Due immediately prior to the late payment.
• The $2 minimum Interest Charge imposed on any billing statement for which a periodic Interest Charge is imposed as described in the paragraph entitled “Periodic Interest Charge.” It will appear on your billing statement as
“Minimum Interest Charge Fee.”
• If you request any non-standard services, we may impose various additional fees for such services. Examples of non-standard services include, but shall not be limited to, overnight mailing of documents and providing copies of billing statements that we are not required by law to furnish you without charge. Unless otherwise indicated, the fees for such services shall be: billing statements $4 per copy. Form of Payment. All payments must be in U.S. Dollars, and be made by check, money order, electronic funds transfer or such other means as we may expressly permit. Do not send cash. Payments made via a credit card will not be accepted. Any payment made using a check or draft may not be processed or applied to your Account if it is: postdated; incomplete
(such as when a signature is missing); the numeric amount is different than the written amount; or it is not made payable in accordance with the instructions on your billing statement. All credits for payments on your Account are subject to final payment by the institution on which the item of payment was drawn. When you provide a check as payment, you authorize us either to use information from your check to make a one-time electronic fund transfer from your bank account or to process the payment as a check transaction. When we use information from your check to make an electronic fund transfer, funds may be withdrawn from your bank account as soon as the same day we receive your payment, and you will not receive your check back from your financial institution. If you submit as payment 3 electronic funds transfers returned for any reason in any 12 month period, you agree that we may refuse to accept subsequent payments by electronic funds transfer even if any of the checks was later accepted by your bank. Generally, we will not accept any payment that is not drawn either on a financial institution located in the U.S. or the U.S. Post Office. If we do, we may charge you any bank collection fees we incur. We can accept late or partial payments, and payments that are marked with restrictive endorsements such as “payment in full,” without losing any of our rights. PLEASE SEND PAYMENTS TO: Dell Preferred Account, Payment Processing Center, P.O. Box 6403 Carol Stream, IL 60197-6403.
Application of Payments. We will apply payments to your Account consistent with applicable law. This means that we apply Minimum Payment Due amounts to any Planned Payment Purchases first. We will generally apply payments in excess of the Minimum Payment Due to balances with the higher APRs before balances with the lower APRs. Although we apply payments as of the date we receive them if they are paid in accordance with this Agreement and the instructions on your billing statement, your available Credit Limit may not reflect credit for your payment for up to 10 days after we receive your payment. In some circumstances, restoring your total available credit may be further delayed. Default. Subject to your rights under applicable law, we may consider your Account in default if: (1) you violate any terms of this Agreement; (2) you fail to pay when due any amount owed under this Agreement; (3) we determine that you have engaged in suspicious, fraudulent, illegal, dishonest, or deceptive activities in connection with your Account, or supplied misleading, false, incomplete, or incorrect information to us; (4) you file bankruptcy, or some other insolvency proceeding is filed by or against you; (5) you move out of the United States; or (6) you die. If we deem your Account to be in default we may close your Account without notice and may require you to pay the total outstanding balance on your Account immediately. Following any default, any balances outstanding will continue to accrue interest charges until paid in full, as permitted by law. As described below under Account Closure or Suspension, we can close your Account or suspend your right to charge additional purchases to your Account at any time. Collection Costs and Attorney Fees. As permitted by law, you agree to pay all reasonable attorney fees, court costs and other collection costs actually incurred by us in the collection of any amounts you owe us under this Agreement or which are incurred by us in the event of your bankruptcy or insolvency. Account Closure or Suspension. You may close your Account at any time by notifying us in writing or over the phone. We may at any time and for any reason, without prior notice refuse to authorize any purchase on your Account or suspend your Account and your right to use your Account. In addition, we may at any time and for any reason, without prior notice, close your Account. Once an Account is closed, it cannot be reopened. Subject to applicable law, if we close your Account, we may require you to pay the full outstanding balance of your Account immediately, and any balances outstanding will continue to accrue interest charges until paid in full. No closure or suspension of your Account will affect your obligation to pay any amount you owe us under this Agreement. Closure for Inactivity. You agree that, if you wish to keep your Account open, you will keep your Account active and in good standing. If your Account is inactive for a period of 3 years, we may close your Account for inactivity without notice to you.
Final Agreement. This Agreement is a final expression of the agreement between you and us and may not be contradicted by evidence of any alleged oral agreement. Amendments to This Agreement. We may change or terminate the terms in this Agreement or the services or features of your Account (including increasing your Interest Charges) at any time as permitted by law. We may also add new terms to this Agreement or services and features to your Account. Any change in terms or any new terms may apply to any outstanding balance as well as on subsequent transactions and balances. To the extent required by law, we will notify you in advance of any changes in terms or any new terms and any right to reject such changes by sending a notice to you at your address and/or email address as shown on our records. However, no amendment will eliminate our obligations relating to arbitration. Any dispute that arose before an amendment shall be governed by this Agreement
(including the binding individual arbitration clause) that was in place when the Dispute arose. Assignment of Account. We may sell or transfer your Account or any amounts owed on your Account to another party at any time without prior notice to you. If we assign your Account, this Agreement will still be in effect and any successor will have our rights in this Agreement to the extent assigned. Following an assignment, the words “we”, “us”, and “our” in this Agreement shall refer to any assignee. You shall not have any right to transfer your Account or assign this Agreement to anyone.
Telephone Monitoring. Telephone communications with us, including calls with any of our agents, service providers, or independent contractors, are routinely monitored and/or recorded. You expressly consent to being monitored or recorded on these calls.
Telephone Communications. If you have already or in the future provide us with a phone number as your contact number, you expressly authorize us, and our agents, service providers, or independent contractors, to contact you regarding your Account for non-telemarketing communications including, via text message or mobile telephone, by way of pre-recorded or auto-dialed calls, using that phone number. Standard message and data rates may apply. Your consent to use your phone number may be revoked by calling 800-***-**** or by sending a written notice to us by U.S. Mail at the following address:
Dell Financial Services
P.O. Box 81575
Austin, Texas 78708-1575
Any revocation by you regarding your phone number shall not revoke our right to contact you utilizing any other contact information you previously provided to us or may provide later. Change of Contact Information. If you move or change your billing address, phone number(s) or e-mail address, you agree to promptly notify us of your new information in writing or online at DFS.Dell.com. Liability for Unauthorized Use. If you notice the loss or theft of your Account or a possible unauthorized use of your Account, you should call us immediately at 866-***-****. You must also contact us in writing to provide information about the loss, theft or potential unauthorized use of your Account at: Dell Financial Services, Attn: Security Department, P.O. Box 81565, Austin, TX 78708 You will not be liable for any unauthorized use that occurs after you notify us. You may, however, be liable for unauthorized use that occurs before your notice to us. In any case, your liability will not exceed $50. Unauthorized use does not include use by a person to whom you have given authority to use your Account, even if they have exceeded your authority.
Credit Reporting. We may report information about your account to consumer reporting agencies. Late payments, missed payments, or other defaults on your Account may be reflected in your credit report. We may access your credit information for use in periodic reviews of creditworthiness, collections, and future servicing of your Account to the extent permitted by law.
Delay in Taking Action. We will not lose any of our rights under this Agreement if we delay taking action for any reason. To the extent allowed by law, we may take other action not described in this Agreement, and by doing so will not lose our rights under this Agreement.
Severability. If any provision of this Agreement is found to be unenforceable, all other provisions shall remain in full force and effect.
Applicable Law. The laws of the United States of America, including the Federal Arbitration Act, 9 U.S.C. Sections 1-16
(the “FAA”), and the laws of the State of Utah apply to and govern this Agreement and your use of your Account. NOTICE
ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT