DELL PREFERRED ACCOUNT CREDIT AGREEMENT 

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 Inc. 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  DECLINE  THE  TERMS  AND  CONDITIONS  CONTAINED  IN  THE 
AGREEMENT, YOU MUST CALL 1-800-879-9500 FOR DELL PURCHASES OR 1-800-283-2210 
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 do not contact DFS to cancel your Account and 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, Member FDIC, and serviced by Dell Financial Services. 

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.  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. 

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 the sum of all past due amounts 
plus any Monthly Planned Payment Due plus 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. 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. 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. We may offer promotion periods 
of different lengths that we will announce from time to time. 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)  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. 

c)  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. 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 lower your Credit Limit at any time. 

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. 

•  A Returned Payment 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 Returned Payment Fee will be $29 for the first 
returned payment and $40 for additional returned payments within the next 6 billing 
cycles  after  any  prior returned payment but  will not  be more than  the amount  of 

 
 
 
your Total Minimum Payment Due immediately prior to the returned payment. You 
will incur the Returned Payment Fee even if your payment is later honored by your 
bank upon subsequent presentment. 

•  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.” 

•  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 per hour and billing statements $4 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 
from 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  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  REMIT  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. 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 
canceled. 

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. 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 or independent contractors, are routinely monitored and/or recorded. You expressly 
consent,  on  behalf  of  yourself  and  other  users  of  your  phone,  to  being  monitored  or 
recorded. 

Mobile Phone Communications. If you have already or in the future provide us with a 
mobile phone number as your contact number, you expressly authorize us, and our agents 
or independent contractors, to contact you regarding your Account for non-telemarketing 
communications, via text message or mobile telephone, including by way of pre-recorded or 
auto-dialed  calls, using  that  mobile  phone  number.  Normal mobile  phone  charges  or  text 
message rates may apply. Your consent to use your mobile phone number may be revoked 
by calling 1-800-283-2210 or by sending a written notice to us, online or by U.S. Mail, at one 
of the following addresses: 

MyDFS.dell.com 
  or 
Dell Financial Services 
P.O. Box 81575 
Austin, Texas 78708-1575 

Any revocation by you regarding your mobile 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 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 MyDFS.dell.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 Account or a possible 
unauthorized use of your Account, you should call us immediately at 1-866-228-9620.  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. 

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 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 INDIVIDUAL 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 you applying for, 
obtaining, or using this Account, this Agreement (including the validity or enforceability of 
this arbitration clause, any part thereof or the entire Agreement), or the relationships which 
result from this 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  (originally,  Judicial  Arbitration  and  Mediation  Services)  as  the  arbitration 
administrator. You may change the selection to 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 if both 
AAA and JAMS are not available. 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. 

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 your Account (including but not limited to any credit bureau, 
debt collector or vendor, Participating 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  your  Account  or  any  products  or  services 
provided to you or us in connection with your Account. For the purposes of this arbitration 
provision, the term “you” shall mean you and any person authorized by you to use your 
Account. 

 
 
Any arbitration pursuant to this provision may be resolved without an in person hearing , 
as determined by the arbitrator. If a hearing is held, it shall take place within the county 
or parish in which you live or at such other reasonably convenient location as agreed 
by the parties. 

In  any  arbitration,  we  will  pay  the  entire  amount  of  the  arbitration  fees,  including  any 
required deposit. 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  have  the  sole  and  exclusive authority  to  resolve 
any  dispute  relating  to  the  enforceability  of  this  arbitration  provision  including  any 
unconscionability challenge or any other challenge that the Agreement or the arbitration 
provision  is  void,  voidable,  or  otherwise  invalid.  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. 

This  arbitration  provision  shall  survive  termination  of  your  Account  as  well  as  the  
repayment of all amounts you owe under the Agreement.  If any provision of this arbitration 
agreement  is  found  unenforceable,  the  unenforceable  provision  shall  be  severed,  and  the 
remaining  arbitration  terms  shall  be  enforced  (but  in  no  case  shall  there  be  a  class 
arbitration). 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 RESOLVE 
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 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: 

American Arbitration Association 
 (800) 778-7879 
www.adr.org 

 
 
JAMS 
(800) 352-5267 
www.jamsadr.com 

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  all  accounts, 
including  New  York/Rhode  Island/Vermont 
Residents: You agree to give us permission to obtain a credit report from a consumer 
reporting agency in connection with this  application, any transaction, or extension of 
credit, and on an ongoing basis, for the purpose of performing a routine and occasional 
verification of credit on your Account, adjusting the credit limit on your Account, taking 
collection action on your Account, or for any other legitimate purpose associated with 
your Account. Upon your request, you will be informed of whether or not a consumer credit 
report was ordered, and if it was, you will be given the name and address of the consumer 
reporting agency that furnished the report. New York residents may contact the New York 
State Department of Financial Services at 1-877-226-5697 or at 1 State Street, New York, 
NY 10004 to obtain a comparative listing of credit card rates, fees and grace periods. 

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 marr ied, 
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:  If  you  are  married,  by  submitting  your 
Account application you are  confirming that this Account obligation is being incurred in 
the  interest  of  your  marriage  and  your  family.  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. If the Account for which you are applying is granted, you will notify us if you 
have a spouse who needs to receive notification that credit has been extended to you.  

Your 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 2 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 the 

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, 1 of 2 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 Purchases  

If you are dissatisfied with the goods or services that you have purchased with 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 Dell Preferred 
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. 

Terms Rev. 11182019