IMPORTANT INFORMATION ABOUT RATES AND FEES 

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. 

Penalty APR and  
When it Applies 

23.99% to 29.99% depending on your creditworthiness. 

     This APR may be applied to your account if you make a late payment. 

     This APR will vary with the market based on the Prime Rate. 

     How long will the Penalty APR apply? 
     If your APR is increased, the Penalty APR will apply until you make six 
     Consecutive minimum payments when due. 

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 Federal 
Reserve Board 

To learn more about factors to consider when applying for or using a credit card, 
visit the website of the Federal Reserve Board at 
http://www.federalreserve.gov/creditcard. 

FEES 

Annual Fee 

None 

Penalty Fees 

  Late Payment 

Up to $35 

  Returned 
Payment 

Up to $35 

How We Will Calculate Your Balance:  We use a method called “average daily balance (including new 
purchases).”  See your account agreement for more details. 

Annual Percentage Rate (APR) for Purchases:  The APR for Purchases is a variable APR determined 
by adding a margin of 16.74 to 26.74 percentage points to the Prime Rate Index.  The daily periodic rate 
is 0.05477 to 0.08216 percentage points. 

Penalty APR and When it Applies:  The Penalty APR is a variable APR determined by adding a margin 
of 20.74 to 26.74 percentage points to the Prime Rate Index.  The daily periodic rate for the Penalty APR 
is 0.065726 to 0.08216 percentage points. 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
IMPORTANT MESSAGE FOR NEW CUSTOMERS 

Following is the DELL PREFERRED ACCOUNT CREDIT AGREEMENT that governs 
the Dell Preferred Account you requested. Please read it carefully. 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 decline the terms and conditions contained in the Agreement, you must 
call 1-800-879-9500 within three days of receipt of the Agreement. You will need to 
provide the phone representative with your Dell Preferred Account number, your Dell 
Inc. (hereinafter “Dell”) customer number and/or your order number(s). The phone 
representative will arrange with WebBank so that your Account will not become 
effective, and, if you made a purchase from Dell, either cancel your Dell order or 
arrange with you for another method of payment. If your order 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. 
If you received your Dell order before you received this document, you can still 
decline this offer of credit by calling 1-800-879-9500 as described above. 
If you do not contact us, 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 Dell and/or its affiliates to request an 
advance of funds pursuant to the Agreement to pay for your purchase from Dell. 

DELL PREFERRED ACCOUNT CREDIT AGREEMENT 

Offered by WebBank and serviced by Dell Financial Services 

Notice: This Credit Agreement contains an arbitration provision. Under this arbitration 
provision, you may be required to settle any dispute with WebBank, Dell Financial 
Services and others through arbitration and not through a court proceeding. You 
should carefully read the arbitration provision of this Agreement. 

Definitions. The word “Agreement” refers to your Dell Preferred Account Credit 
Agreement. In this Agreement, the words “you” and “your” mean the person 
who applied for this Dell Preferred Account. 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 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. 

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 charge 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 sum of all past due amounts plus the greater of $20.00 or 3% of the New 
Balance shown on your billing statement, rounded up to the next dollar. 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 shipment of the product until the date we receive payment in full of 
the balance on the 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, or if that New Balance was zero, then: (1) if you pay the New Balance 
for the current Billing Period by the Payment Due Date shown, you will not be 
charged any Interest Charges on purchases during the current Billing Period, 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 first day in 
the current Billing Period. 

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 shipped in Billing Periods when your prior 
Billing Period’s New Balance was zero or was paid in full. 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 $2.00, a minimum Interest 
Charge fee of $2.00 will be imposed. The fee will be referred to on your billing 
statement as “Minimum Interest Charge Fee.” 

Periodic Rates. The Daily Periodic Rates and corresponding Annual Percentage 

 
Rates are variable rates and may change each month. The Standard Corresponding 
Annual Percentage Rate (the APR for purchases) that initially applies to your 
Account is determined by adding a Margin to the Index, which is described below. 

If your Account is 60 days past due, your Account may be placed into Default Rate 
(Penalty APR) status and the Penalty APR will be applied. When an Account is 
placed into Penalty APR status, all Promotional Credit Plans will automatically 
expire, all accrued Interest Charges in these plans will be added to your Account, 
and a higher corresponding Annual Percentage Rate (the “Default Corresponding 
Annual Percentage Rate”) will be determined by adding a Default Margin to the 
Index and will be applied to your Account until you make six (6) consecutive monthly 
minimum payments on time. If, after making six (6) consecutive monthly minimum 
payments on time, you have failed to repay all past due amounts and your Account 
is or becomes 60 days past due again, your Account may be placed back into 
Penalty APR status. 

The APR for purchases and Default Daily Periodic Rates are determined by 
multiplying the APR for purchases and the Penalty APRs by 1/365th (1/366th in a 
leap year). 

The current corresponding APR for purchases, Daily Periodic Rates, Margins and 
any additional restrictions on how we determine Annual Percentage Rates 
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 Rates 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 for 
qualified buyers. A Promotional Credit Plan is strictly limited by its terms and the 
terms and conditions of the special promotion to which it relates. In addition, the 
benefits of a Promotional Credit Plan will expire and all accrued Interest Charges in 
these plans will be added to your Account if your Account is placed in Penalty APR 
status. The special promotions that may be offered include: 

a) No Interest Credit Plan – 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 of shipment will be added to your Account either when you fail to 
make a payment during the promotion period or at the end of the promotion 
period. We may offer promotion periods of different lengths that we will 
announce from time to time. 

 
 
 
 
(b) Promotional Rate Plans – We may offer Promotional Rate Plans with 
promotional periods of different lengths that we will announce from time to time 
for a specified number of days. 

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. If you exceed 
your Credit Limit, we may require you to immediately pay the excess and Interest 
Charges. You also agree that we may increase or lower your Credit Limit at any time. 

Charges. The following fees, when imposed, will be added to your 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 up to $25.00 for the first late payment and up to $35.00 for additional late 
payments within the next six (6) billing cycles after any prior late payment but will 
not be more than the amount of your Minimum Payment Due immediately prior to 
the late payment. 

• A Not Sufficient Funds (NSF) Fee will be imposed if your bank returns your check 
or payment instrument to us unpaid, or will not honor your direct debit, or we 
cannot process such payment for any reason. The NSF Fee will be up to $25.00 for 
the first returned payment and up to $35.00 for additional returned payments within 
the next six (6) billing cycles after any prior returned payment but will not be more 
than the amount of your Minimum Payment Due immediately prior to the returned 
payment. You will incur the NSF Fee even if your payment is later honored by your 
bank upon subsequent presentment. 

• The $2.00 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.” 

• Miscellaneous Fees may be imposed, including a charge for copies of billing 
statements that we are not required by law to furnish you without charge. The 
rates are: research time $15.00 per hour and billing statements $4.00 per copy. 

• An Expedited Payment Fee of up to $15 per payment may be imposed for 
authorizing a customer service representative to process a one-time expedited 
payment through the use of Automated Clearing House procedures or other 
electronic funds transfers on your checking account. This fee does not apply if 
you sign up for an ongoing automatic payment plan where payments are 

 
 
 
 
 
 
deducted routinely from a designated account. 

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 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 
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 three 
electronic funds transfers returned for any reason in any twelve (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 remit payments to: Dell Preferred Account, Payment Processing Center, PO 
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 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 the billing statement, your 
available Credit Limit may not reflect credit for your payment for up to ten days after we 
receive your payment. In some circumstances, restoring your total available credit may 
be further delayed. 

Default. Your Account will be in default if: (1) you exceed the Credit Limit in effect on 
your Account; (2) you fail to pay when due any amount owed under this Agreement; or 
(3) you made any misrepresentations to us in applying for credit. If you are in default 
we may require you to pay the total outstanding balance on your Account immediately. 
We do not have to notify you or demand payment in order to take this action. As 
described below under Account Cancellation, we can cancel 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. 

Security Interest. To the extent permitted by applicable law, you hereby grant to us and 
we are retaining a purchase money security interest under the Uniform Commercial 
Code in the merchandise purchased on your Account until such merchandise is paid for 
in full. You agree to assist us in executing any documents necessary to perfect our 
security interest. If you do not make a Minimum Payment Due on your Account by the 
Payment Due Date, we may repossess any merchandise that has not been paid for in 
full to the extent permitted by law. 

Account Cancellation.You may cancel your Account at any time by notifying us in writing. 
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, cancel your 
Account. If we cancel your Account, we may require you to pay the full outstanding 
balance of your Account. No cancellation or suspension of your Account will affect your 
obligation to pay any amount you owe us under this Agreement. You agree that you will 
not try to make a purchase after you have been notified that your Account has been 
cancelled. 

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 mailing a 
notice to you at your address as shown on our records. 

Assignment of Account. We may sell or transfer your Account or any amounts owed 
on your Account to another person 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. You shall not have any right to transfer 
your Account or assign this Agreement to anyone. 

Telephone Monitoring. Your telephone communications with us may be monitored and 
recorded, in accordance with applicable law, to improve customer service and security. 

Change of Address. If you move or change your billing address or e-mail address, you 
agree to promptly notify us of your new address in writing or online at 
www.dellfinancialservices.com. 

 
 
 
 
 
 
 
Authorized Users. You may give another person authorization to use your Account. 
You are liable for all use of your Account, and you agree to pay all amounts incurred 
by the use of your Account, made by you or anyone to whom you have given 
authorization to use your Account. 

Liability for Unauthorized Use. If you notice the loss or theft of your Dell Preferred 
Account or a possible unauthorized use of your Dell Preferred Account, you should 
write to us immediately at: 

Dell Financial Services, Attn: Security Department, PO 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 the Account. 

Credit Investigation and Reporting. You agree that we may investigate your credit in 
connection with the initial extension, review, or collection of your Account. You agree 
that we may examine employment and income records and verify your credit 
references and also may report to credit reporting agencies, merchants, and other 
creditors the status and payment history of your Account. 

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 AGAINST THE 
SELLER OF GOODS OR SERVICES OBTAINED WITH THE PROCEEDS HEREOF. 
RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS 
PAID BY THE DEBTOR HEREUNDER. 

ARBITRATION NOTICE 
THIS AGREEMENT CONTAINS AN ARBITRATION CLAUSE. PLEASE READ THIS 
PROVISION CAREFULLY. IT PROVIDES THAT ANY CLAIM RELATING TO YOUR 

 
 
 
 
 
 
 
 
 
 
ACCOUNT MAY BE RESOLVED BY BINDING ARBITRATION. YOU ARE 
ENTITLED TO A FAIR HEARING, BUT THE ARBITRATION PROCEDURES ARE 
SIMPLER AND MORE LIMITED THAN RULES APPLICABLE IN COURT, AND 
ARBITRATION DECISIONS ARE SUBJECT TO VERY LIMITED REVIEW. CLAIMS 
MAY BE ARBITRATED ONLY ON AN INDIVIDUAL BASIS. IF EITHER PARTY 
CHOOSES TO ARBITRATE A CLAIM, NEITHER PARTY WILL HAVE THE RIGHT 
TO LITIGATE THAT CLAIM IN COURT OR TO HAVE A JURY TRIAL ON THAT 
CLAIM, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE 
ACTION WITH RESPECT TO SUCH CLAIM. 

Arbitration. Except as expressly provided herein, any claim, dispute or controversy 
(whether based upon contract; tort, intentional or otherwise; constitution; statute; 
common law; or equity and whether pre-existing, present or future), including initial 
claims, counter-claims, cross-claims and third-party claims, arising from or relating to 
this Agreement or the relationships which result from this Agreement, including the 
validity or enforceability of this arbitration clause, any part thereof or the entire 
Agreement (“Claim”) shall be decided, upon the election of you or us, by binding 
arbitration pursuant to this arbitration provision and the applicable rules and procedures 
of the arbitration administrator, including any applicable procedures for consumer 
related disputes, in effect at the time the Claim is filed. The party initially requesting 
arbitration shall select either the American Arbitration Association (“AAA”) or JAMS as 
the arbitration administrator. If the organization selected is unacceptable to you, you 
have the right to select the other organization listed within 30 days after you receive 
notice of an election to arbitrate. If a selected arbitration administrator does not agree 
to arbitrate a Claim, the remaining arbitration administrator shall be selected. Claims 
may be referred to an administrator other than the AAA or JAMS only upon the express 
written consent of all parties to the arbitration. We agree not to invoke our right to 
arbitrate any individual Claim you bring in small claims court or an equivalent court so 
long as the Claim is pending only in that court. It is the intent of the parties to require 
claims to be submitted to arbitration on an individual basis only. Claims subject to this 
arbitration provision may not be joined or consolidated in arbitration with any Claim of 
any other person or be arbitrated on a class basis, in a representative capacity on 
behalf of the general public or on behalf of any other person, unless otherwise agreed 
to by the parties in writing. 

For the purposes of this arbitration provision, the terms “we” and “us” shall mean 
WebBank and Dell Financial Services, L.L.C., their parents, direct and indirect 
subsidiaries, affiliates, licensees, predecessors, successors, assigns and any purchaser 
of the Account or any receivables arising from the use of the Account, and each of their 
respective employees, directors and representatives. In addition, for the purposes of 
this arbitration provision, “we” and “us” shall mean any third party providing any 
products or services to you or us in connection with the Account (including but not 
limited to any credit bureau, debt collector or merchant, and including their parents, 
direct and indirect subsidiaries, affiliates, licensees, predecessors, successors and 
assigns, and each of their respective employees, directors and representatives) if such 
third party is a co-defendant with us in any Claims asserted by you or if any Claims 

 
 
asserted by you against such third party arise from or are related to the Account or any 
products or services provided to you or us in connection with the Account. For the 
purposes of this arbitration provision, the term “you” shall mean you and any person 
authorized by you to use the Account. The foregoing shall not limit any existing rights at 
law or equity of any other persons under this arbitration provision. 

Any arbitration pursuant to this provision may be resolved without a hearing, if permitted 
by the rules of the arbitration administrator. If a hearing is held, it shall take place within 
the federal judicial district in which you live or at such other reasonably convenient 
location as agreed by the parties. 

If you initiate arbitration, you must pay the lesser of one-half of any required arbitration 
fees or $125.00, unless the applicable rules and procedures of the arbitration 
administrator or this arbitration provision provides for a lesser amount, and we will pay 
the remaining amount of any fees, including any required deposit. You may seek a 
waiver of any required arbitration fees under the applicable rules of the arbitration 
administrator. If you seek, but do not qualify for such a waiver, upon written request we 
will advance 50% of any arbitration fees required to be paid by you and will consider an 
advance of the full amount of such fees. If we initiate or elect arbitration, we will pay the 
entire amount of the arbitration fees, including any required deposit. Notwithstanding 
any provision of this arbitration provision or the rules and procedures of the arbitration 
administrator, we will be responsible for payment and/or reimbursement of any  
arbitration fees to the extent that such fees exceed the amount of the filing fees you 
would have incurred if your Claim had been brought in the state or federal court nearest 
your billing address with jurisdiction over the Claim. Each party shall be initially 
responsible for payment of their own attorney fees, witness fees and similar expenses. 
The arbitrator shall apply applicable substantive law consistent with the FAA and 
applicable statutes of limitation and shall honor all claims of privilege and 
confidentiality recognized at law.  

The arbitrator shall be empowered to grant whatever relief would be available in court 
under law or in equity. At the conclusion of the arbitration, the arbitrator may allocate 
arbitration fees in accordance with applicable law, provided that such fees do not 
exceed the filing fees that would have been incurred if the Claim had been brought in a 
state or federal court with jurisdiction over the Claim. Where authorized by applicable 
law, the arbitrator’s award may also include attorney fees, witness fees and similar 
expenses. At the request of any party, the arbitrator will provide a written explanation of 
the basis for the award and the disposition of each Claim, including written findings of 
fact and conclusions of law. Judgment upon the award may be entered in any court 
having jurisdiction. The non-prevailing party may appeal under the rules of the 
applicable arbitration administrator to a three-arbitrator panel. 

This arbitration provision shall survive termination of your Account as well as the 
repayment of all amounts you owe under the Agreement. This arbitration provision 
does not apply to any Claim as to which the provisions of this arbitration agreement 
forbidding arbitration on a consolidated, class-action or representative basis are not 

 
 
 
 
permitted by applicable law. If any portion of this arbitration provision is deemed 
invalid or unenforceable, it shall not invalidate the remaining portions of this 
arbitration provision, provided, however, that if any provision of this arbitration 
agreement forbidding arbitration on a consolidated, class-action or representative 
basis is deemed invalid or unenforceable with respect to a Claim, then this 
arbitration provision shall, upon the election of either party, be invalidated and 
unenforceable in its entirety with respect to that Claim. In the event of a conflict or 
inconsistency between the rules and procedures of the arbitration administrator 
and this arbitration provision, this arbitration provision shall govern. 

YOU ACKNOWLEDGE THAT IF A CLAIM ARISES YOU MAY BE REQUIRED TO 
SETTLE THE CLAIM THROUGH ARBITRATION AND ARE GIVING UP YOUR 
RIGHTS TO LITIGATE THAT CLAIM IN A COURT OR BEFORE A JURY OR TO 
PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH 
RESPECT TO SUCH A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU 
WENT TO COURT, SUCH AS ACCESS TO DISCOVERY, MAY ALSO BE 
UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION. 

You may contact the arbitration administrators and obtain their arbitration rules or 
learn how to file a Claim with the AAA or JAMS as follows: 

JAMS 
1920 Main Street, Suite 300 
Irvine, CA 92614 
(949) 224-1810 
www.jamsadr.com 

American Arbitration Association 
1633 Broadway, 10th Floor 
New York, NY 10019 
(800) 778-7879 
www.adr.org 

STATE SPECIFIC DISCLOSURES 

As required by federal and Utah law, you are hereby notified that a negative credit 
report reflecting on your credit record may be submitted to a credit reporting agency 
if you fail to fulfill the terms of your credit obligations. 

Notice For California Residents: California law requires that we inform customers 
that should they fail to fulfill the terms of their credit obligation, a negative report 
reflecting on their credit record may be submitted to a credit reporting agency. If you 
are married, you may apply for a separate account in your own name. 

Notice For Ohio Residents: The Ohio laws against discrimination require that all 
creditors make credit equally available to all credit worthy customers, and that 

 
 
 
 
 
 
 
 
credit reporting agencies maintain separate credit histories on each individual upon 
request. The Ohio civil rights commission administers compliance with this law. 

Notice For Married Wisconsin Residents: No provision of a marital property 
agreement, a unilateral statement under Sec. 766.59 Wis. Stats., or a court decree 
under Sec. 766.70 adversely affects the interest of the creditor unless the creditor, 
prior to the time the credit is granted, is furnished a copy of the agreement, 
statement, or decree or has actual knowledge of the adverse provision when the 
obligation to the creditor is incurred. 

Billing Rights: Keep this Document for Future Use 
This notice tells you about your rights and our responsibilities under the Fair 
Credit Billing Act. 

What To Do If You Find A Mistake On Your Statement 
If you think there is an error on your statement, write to us at: 

Dell Preferred Account 
Attn: Billing Inquiry Department 
P.O. Box 81585 
Austin, TX 78708-1585 

In your letter, give us the following information: 

• Account information: Your name and account number. 
• Dollar amount: The dollar amount of the suspected error. 
• Description of problem: If you think there is an error on your bill, 
  describe what you believe is wrong and why you believe it is a mistake 

You must contact us: 

• Within 60 days after the error appeared on your statement. 
• At least 3 business days before an automated payment is scheduled, if you 
  want to stop payment on the amount you think is wrong. 

You must notify us of any potential errors in writing. You may call us, but if you do 
we are not required to investigate any potential errors and you may have to pay 
the amount in question. 

What Will Happen After We Receive Your Letter 
When we receive your letter, we must do two things: 

1. Within 30 days of receiving your letter, we must tell you that we received 
    your letter. We will also tell you if we have already corrected the error. 

2. Within 90 days of receiving your letter, we must either correct the error or 

 
 
 
 
 
 
 
 
 
 
 
 
    explain to you why we believe the bill is correct. 

While we investigate whether or not there has been an error: 

• We cannot try to collect the amount in question, or report you as 
  delinquent on that amount. 
• The charge in question may remain on your statement, and we may 
  continue to charge you interest on that amount. 
• While you do not have to pay the amount in question, you are responsible 
  for the remainder of your balance. 
• We can apply any unpaid amount against your credit limit. 

After we finish our investigation, one of two things will happen: 

• If we made a mistake: You will not have to pay the amount in question or 
  any interest or other fees related to that amount. 

• If we do not believe there was a mistake: You will have to pay the amount 
  in question, along with applicable interest and fees. We will send you a 
  statement of the amount you owe and the date payment is due. We may 
  then report you as delinquent if you do not pay the amount we think you owe. 

If you receive our explanation but still believe your bill is wrong, you must write to 
us within 10 days telling us that you still refuse to pay. If you do so, we cannot report 
you as delinquent without also reporting that you are questioning your bill. We must 
tell you the name of anyone to whom we reported you as delinquent, and we must 
let those organizations know when the matter has been settled between us. 

If we do not follow all of the rules above, you do not have to pay the first $50 of 
the amount you question even if your bill is correct. 

Your Rights If You Are Dissatisfied With Your Credit Card Purchases 

If you are dissatisfied with the goods or services that you have purchased with 
your Dell Preferred Account, and you have tried in good faith to correct the 
problem with the merchant, you may have the right not to pay the remaining 
amount due on the purchase. 

To use this right, all of the following must be true: 

1. The purchase must have been made in your home state or within 100 miles 
    of your current mailing address, and the purchase price must have been 
    more than $50. (Note: Neither of these are necessary if your purchase 
    was based on an advertisement we mailed to you, or if we own the 
    company that sold you the goods or services.) 

 
 
 
 
 
 
 
 
 
 
 
 
2. You must have used your Dell Preferred Account for the purchase. 
    Purchases made with cash advances from an ATM or with a check that 
    accesses your credit card account do not qualify. 

3. You must not yet have fully paid for the purchase. 

If all of the criteria above are met and you are still dissatisfied with the purchase, 
contact us in writing at: 

Dell Preferred Account 
Attn: Billing Inquiry Department 
P.O. Box 81585 
Austin, TX 78708-1585 

While we investigate, the same rules apply to the disputed amount as discussed 
above. After we finish our investigation, we will tell you our decision. At that point, 
if we think you owe an amount and you do not pay, we may report you as delinquent.