Commerce Bank
CARDHOLDER AGREEMENT
Member FDIC
This cardholder agreement ("Agreement") is for your Account with
We are not responsible for any losses or damages, including
Commerce Bank, and the Card(s) which has/have been given to you in
consequential damages, if a transaction on your Account is declined,
connection with your Account. Such Account and Card(s) provide you
either by us or a third party, even if you have sufficient credit available.
with credit card services and ATM Services. "You" and "your" mean any
applicant for the Account and any person using the Account and/or
PROMISE TO PAY
related Card(s) with the expressed or implied permission of any of the
You promise to pay for all Purchases, Balance Transfers, Convenience
applicants. Any person whose name appears on the Account for the
Checks, and Cash Advances made by you through the use of the
Card(s) accompanying this Agreement consents, either by using or
Account. In addition, you promise to pay all other amounts owed due to
permitting another to use the Card(s), to all provisions of this Agreement
use of the Account by anyone else you authorize to use the Account until
and the related Security Agreement and Assignment of Secured Credit
such person's authority is ended. You may only end such person's
Card Savings Account and Deposit Account Agreement. "We", "us" and
authority by notifying us in writing and returning to us any Card such
"our" means Commerce Bank, our successors and assigns.
person may have. All of you are responsible, both together and
individually, for the entire Account balance even though only one of you
In this Agreement:
uses the Account.
Account is your credit card account.
Annual Fee is a fee charged on a yearly basis for your continued use of
SECURED CREDIT CARD SAVINGS ACCOUNT
the Account.
You are required to open a pledged account ("Pledged Account") which
APR is Annual Percentage Rate.
will serve as security for your Obligations and execute a security
ATM is Automated Teller Machine.
agreement and assignment of secured credit card savings accout
Balance Transfer is an advance made when transferring a balance from
("Savings Account"). The owners of the Savings Account and the
another creditor to your Account.
Pledged Account must be the same. The issuance of your Card or
Business Days are Monday through Friday. Federal holidays are not
increase of your credit limit may be delayed for a reasonable period of
included.
time, following the deposit of funds to the Pledged Account.
Card is the credit card(s) given to you in connection with your Account.
Cash Advance includes:
Collateral securing other loans with us may also secure this
Non-Overdraft Cash Advance is an advance made by means of
indebtedness.
an electronic device or machine, or a financial institution teller, or for
the purchase of wire transfers, non-U.S. currency, travelers' checks,
BILLING STATEMENTS
money orders, lottery tickets and casino gaming chips.
Approximately once a month, you will receive a Statement. On average,
Overdraft Cash Advance is an advance made by means of
your payment is due within 25 days from the date of the Statement
overdraft protection.
(payment due date).
Cash Limit is the maximum dollar amount of your Credit Line, as defined
herein, available for Cash Advances.
PAYMENT OPTIONS
Charges are costs imposed as part of this Agreement and include both
You may pay the new balance shown on your Statement each month or
interest and fees.
you may pay in monthly installments. If you decide to pay in monthly
Convenience Check is a check provided to you to access credit from
installments, you must pay at least the minimum payment on your
your Account.
Statement. The minimum payment will be the greater of:
Daily Balance is determined, for each day in the billing cycle, by taking
the beginning balance, adding any new transactions or other debits, and
$30.00 or the full amount of your total balance if it is less than
subtracting any payments or other credits.
$30.00; or
Daily Periodic Rate is the APR divided by 365.
1.00% of your new balance plus any amounts that are past due,
Fees are non-Interest Charges, including transaction fees.
plus Fees (excluding Balance Transfer and/or Convenience Check
Grace Period means the period of time during the billing cycle when you
Fees) and Interest Charges accumulated during the billing period.
will not accrue Interest Charges on certain transactions or balances.
Interest Charges are the portion of Charges attributed to periodic
When a payment is posted to your Account, we reserve the right to
interest rates.
restrict or delay all or part of the available credit created by the payment.
PIN is Personal Identification Number.
The restriction or delay of the available credit is for risk management or
Prime Rate is the U.S. Prime Rate published in The Wall Street Journal
other related purposes, including but not limited to protection against
in its column called "Money Rates" on the last Business Day of each
actual or potential fraudulent activities or unauthorized transactions.
month.
Obligations are any and all amounts owed under this Agreement
OVERDRAFT PROTECTION
including, but not limited to, Purchases, Cash Advances and Charges.
If you select overdraft protection, a Cash Advance will be made to cover
Promotional Balance is the balance subject to the Promotional Rate.
an overdraft in your designated Commerce Bank deposit account. Such
Balances subject to Introductory Rates are included.
Overdraft Cash Advances will be in the amount of $50.00 or multiples of
Promotional Rate is a rate other than the standard rate, tied to a special
$50.00. If the designated deposit account is a joint account, you will be
offering. A Promotional Rate offered when you open your Account may
liable for all overdrafts on the account regardless of which joint account
be called an Introductory Rate.
owner caused, or benefited from the overdraft. Each Overdraft Cash
Purchase means purchase of merchandise or services on the Account
Advance is at our discretion. We may permit or refuse to permit any
plus Charges, but does not include any Balance Transfer, Convenience
Overdraft Cash Advance that would cause you to exceed the Cash Limit
Check, Cash Advance and related Fees or Interest Charges.
on your Account. We are not liable or responsible for any check drawn
Secured Credit Card Savings Account ("Pledged Account") is a
that may for any reason be returned or otherwise dishonored. We may
deposit account that serves as collateral for your Obligations.
cancel this overdraft feature at any time without notice.
Statement is your billing statement.
BALANCE ON WHICH INTEREST CHARGES ARE CALCULATED
CREDIT CARD SERVICES
If you accrue any Interest Charges on your Account at a variable rate,
The following provisions relate only to credit card services except as
that rate will be calculated by adding a margin to the Prime Rate. Please
otherwise applicable.
see the ACCOUNT OPENING DISCLOSURE, which is part of this
Agreement, for specific information regarding the APRs used to
ACCOUNT DESCRIPTION
compute your Interest Charges.
At Account opening, we will grant you a line of credit with a minimum
dollar limit of $400, and a maximum dollar limit of $5,000 equal to the
We calculate your Daily Balance for each day in the billing cycle by
amount you deposit into your Pledged Account ("Credit Limit") and may
taking your beginning balance, adding any new transactions or other
designate a "Cash Limit". If your account is in good standing, you may
debits, and subtracting any payments or other credits. We multiply the
subsequently increase the credit limit by depositing additional funds in
Daily Balance by the Daily Periodic Rate to get your Interest Charges for
increments of $100 dollars to the Pledged Account up to the $5,000
that day. We add these Interest Charges to your Daily Balance to get
maximum. Accrued interest on the Pledged Account will be included in
the beginning balance for the next day. We do this for all days on which
meeting the $100 increment. Larger deposits and credit limits in excess
you have a balance owing on the Account, disregarding any credit
of $5,000 are at our sole discretion. These limits will be indicated on your
balance, for the billing cycle.
Statement. You may not decrease your credit limit by withdrawing funds
from the Pledged Account.
We add all the daily Interest Charges and round the sum to the next
highest cent to get your total Interest Charges for that billing cycle. We
Subject to the terms of this Agreement, you may use your Account to
do this calculation separately for each type of balance.
make Purchases and obtain Balance Transfers, Convenience Checks,
and Cash Advances that do not exceed your Credit Limit and/or Cash
The Prime Rate used to determine the APR on your Account is the U.S.
Limit at any time. Should your Purchases, Balance Transfers,
Prime Rate published in The Wall Street Journal in its column called
Convenience Checks, and/or Cash Advances ever exceed your Credit
"Money Rates" on the last Business Day of each month. Although each
Limit and/or Cash Limit, we reserve the right to terminate this Agreement
Daily Periodic Rate is determined by an index published prior to the first
and demand the return of your Card(s). We can increase or decrease
day of each calendar month, the respective Daily Periodic Rate will only
your Credit Limit and/or Cash Limit at any time without prior notice or
become effective and charged as of the first day of the monthly billing
liability. A change to your Credit Limit and/or Cash Limit will not affect
period following the respective calendar month in which the index is so
your obligation to pay us.
published. No representation is made that the U.S. Prime Rate is the
lowest, the best or the favored rate of interest. If for any reason The Wall
We may decline, at any time in our sole discretion, an authorization
Street Journal no longer publishes the "Money Rates" column, then we
request for any transaction for any reason, included but not limited to:
will choose a new index based on comparable information. An increase
operational considerations,
in the Prime Rate will cause your interest rate to increase and may cause
your minimum monthly payment to increase.
your Account is in default,
we suspect fraudulent or unlawful activity
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INTEREST CHARGE COMPUTATION
requests related to billing error resolution within 60 days of the disputed
transaction.
ON PURCHASES: Interest Charges begin to accrue on the
transaction date, provided such date will never be later than the
TOTAL FEE COMPUTATION
date the Purchase is posted to the Account or earlier than the first
We add all Fees assessed to obtain your total Fees for each billing cycle.
day of the billing cycle for the Statement on which such transaction
is shown. Purchases are subject to a Grace Period. If the previous
CANCELLATION
balance is zero, or was paid in full by the payment due date shown
To the extent permitted by law, Commerce Bank may cancel your
on your Statement, no Interest Charge will be assessed on current
Account, refuse to allow further transactions against your Account or
Purchases.
revoke your Card(s) at any time (whether or not you are in default of any
part of this Agreement) including, without limitation, when any affiliation
ON BALANCE TRANSFERS OR CONVENIENCE CHECKS:
you may have with a sponsoring organization ceases or when any
Interest Charges begin to accrue on the date of the Balance
agreement we may have with the sponsoring organization is terminated.
Transfer or Convenience Check, provided such date will never be
Cancellation of your Account will not affect your liability to us for credit
later than the date the Balance Transfer or Convenience Check is
we have extended to you, including amounts not yet billed to your
posted to the Account or earlier than the first day of the billing cycle
Account. We may cancel your Account without prior notice or liability.
for the Statement on which such transfer or check is shown.
You must surrender the Card(s), either upon a direct request by us, or
any other bank or merchant who is acting upon our instructions.
ON CASH ADVANCES: Interest Charges begin to accrue on the
date of the Cash Advance, provided such date will never be later
CONDITIONS OF DEFAULT
than the date the Cash Advance is posted to the Account or earlier
We may consider you to be in default if we do not receive a required
than the first day of the billing cycle for the Statement on which such
payment when due, including the minimum payment by the date shown
advance is shown.
on your Statement; you fail to comply with the terms of this Agreement;
you make any false or misleading statements or omissions on your
TOTAL INTEREST CHARGE COMPUTATION
application; you file a bankruptcy petition or have one filed against you;
We add Interest Charges for each type of balance to obtain your total
we obtain information that causes us to believe that you may be unwilling
Interest Charge for each billing cycle.
or unable to pay your debts to us or to others on time including, but not
limited to, your failure to make any payment to us on any other
TERMINATION OF INTRODUCTORY OR PROMOTIONAL RATES
indebtedness or loan; you are declared incompetent by a court or a court
If during an Introductory or Promotional Rate period, we have not
appoints a guardian/ conservator for you or your assets; or you die.
received the required minimum monthly payment within 60 days of the
respective payment due date, we will increase the applicable APR to the
If we consider your Account to be in default, we may close your Account
penalty APR. Introductory and/or Promotional Rates will not be
without notice, require you to pay the balance in a manner permitted by
reinstated.
law and/or exercise our rights under the Security Agreement and
Assignment of Secured Credit Card Savings Account (subject to
FEES
applicable law regarding notice or right to cure). To the extent permitted
by law, if you are in default you will pay our collections costs, attorneys'
TRANSACTION, ANNUAL AND PENALTY FEES:
fees, court costs, and all other expenses of enforcing our rights under
this Agreement.
Please see the ACCOUNT OPENING DISCLOSURE for information
regarding the specific Fees that may be charged to your Account.
ALLOCATION OF PAYMENTS
We will allocate your minimum payment in the manner we determine.
Minimum Interest Charge
We will apply the amount in excess of the minimum payment to balances
A minimum Interest Charge will be imposed in any billing cycle for which
with higher APRs before balances with lower APRs.
an Interest Charge is payable, and will appear on your Statement as a
Fee.
RECEIPT OF PAYMENTS
Payments received before 5 PM CT at the address shown on your
Annual Fee
Statement on any of our regular Business Days will be posted as of the
An annual Fee ("Annual Fee") will be charged annually to your Account.
date of receipt. Payments made in person before the close of business
The imposition or payment of an Annual Fee does not affect or limit our
to an employee at a Commerce branch will be posted as of date of
right to terminate this Agreement, cancel your Account, and demand
receipt. Payments mailed to the address shown or made in person at a
payment, in a manner permitted by law, of any amounts owed on your
branch must be accompanied by the Account number or payment stub,
Account.
and in the form of a check or money order in Dollars drawn on a U.
S. financial institution. Convenience Checks will not be accepted as a
Late Payment Fee
form of payment. Do not send cash through the mail. A delay in crediting
For each minimum payment not received by the fifteenth day following
the payment to your Account may occur if the payment does not meet
the payment due date, we may charge a Fee ("Late Payment Fee").
these requirements for making payments (conforming payments). In no
case shall such delay exceed five days from receipt of such payment.
Foreign Transactions
Visa and MasterCard Purchases, cash withdrawals and Cash Advances
The cutoff time for payments made on any of our regular Business Days
made in currencies other than U.S. Dollars will be converted to U.S.
through Commerce as transfers from your Commerce deposit account
Dollars under regulations established by VISA® International and
are as follows: Commerce ATM, 7:00 PM CT; Commerce Online
MasterCard International. Visa conversion will be at a rate selected by
Banking, including Mobile Banking, 7:00 PM CT; Commerce Account
Visa from the range of rates available in wholesale currency markets for
Information Line, 7:00 PM CT; Commerce BankCards Online, 11:00 PM
the applicable central processing date, which may vary from the rate
CT; Commerce Collections Department, 11:00 PM CT. A payment made
Visa itself receives or the government-mandated rate in effect for the
through Commerce Online Bill Pay will be posted on the Pay Date.
applicable central processing date. MasterCard conversion will be at a
rate selected by MasterCard, typically either a government-mandated
Conforming payments received after the respective cutoff time will be
rate or a wholesale rate provided to MasterCard. Conversion to U.S.
posted no later than the next Business Day. Payments made by a third-
dollars may occur on a date other than the date of the transaction.
party payor, will be posted as of the date we receive the payment.
Therefore, the conversion rate may be different from the rate in effect at
the time of the transaction. You agree to pay the converted amount plus
When the due date falls on a weekend or holiday, your payment due
the applicable foreign transaction Fee. For Purchases, cash
date will be on the next Business Day.
withdrawals, and Cash Advances made in U.S. dollars outside of the
United States and its territories, you agree to pay the transaction
We may accept late payments, partial payments or checks and money
amount, plus the applicable foreign transaction Fee.
orders (or accompanying written communication) containing a statement
to the effect that the instrument was tendered as "payment in full," full
Balance Transfer Or Convenience Check Transaction Fee
satisfaction of a disputed claim or other similar language without losing
You will not be charged a transaction Feefor each Balance Transfer
any rights under this Agreement or under the law. All such payments or
and/or Convenience Check posted to your Account.
written communications must be mailed to: Commerce Bank, P.O. Box
410857, Kansas City, MO 64141-1857.
Non Overdraft Cash Advance Transaction Fee
You will not be charged a transaction Feefor each Cash Advance posted
CHANGE OF TERMS
to your Account.
Provided the Account is meeting the terms of this Agreement: (1) We
will not increase an introductory APR during any Introductory Rate
Overdraft Cash Advance Transaction Fee
period; and (2) We will not increase any APR, Annual Fee or minimum
You will not be charged a transaction Fee for each Cash Advance
Interest Charge for 12 months following account opening, except for
resulting from the overdraft protection.
increases due to the expiration of an Introductory or Promotional Rate
period, if any; changes in the Prime Rate; completion or failure of a
Overlimit Fee
temporary hardship arrangement; or the end of military service to which
In the event your balance exceeds your credit limit, no Fee will be
the provisions of the Servicemembers Civil Relief Act (SCRA) apply.
charged.
("Exceptions"). Otherwise, we may change the terms of the Agreement
at any time, after notice and the right to reject if required by law.
OTHER FEES:
Changes in any APR, other than the stated Exceptions, Annual Fee or
minimum Interest Charge will apply to new transactions created after the
Returned Payment Fee
end of the 14th day following our providing notice to you. If you reject a
A Fee will be charged for any check or other form of payment sent to us
change, your Account will be cancelled and you will no longer be able to
which is returned unpaid.
use the Account.
Convenience Checks and Document Copy Charges
Cancellation of your Account will not affect your liability to us for credit
Charges for Convenience Checks and requests for copies of sales
we have extended to you, including amounts not yet billed to your
drafts, Statements or other documents related to your Account may be
Account.
billed on your Account as Purchases in accordance with the fee schedule
established by us from time to time. No charge will be made for copy
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ELECTRONIC RECORDS
that Commerce Bank and its Affiliates may also share other
You agree that this document and all paper records related to your
information about you or your Account.
Account and whether or not the other paper records were submitted,
You must notify us immediately at Commerce Bank, P.O. Box
received or obtained in advance of, contemporaneously with or
411036, Kansas City, MO 64141-1036, if you believe any
subsequent to, the delivery of this document may, at the option of
information we reported to a credit reporting agency is inaccurate.
Commerce Bank, be converted by any digital or electronic method or
process to an electronic record or subsequently further converted or
CHANGES IN ADDRESS
migrated to another electronic record format or electronic storage
You agree to notify us immediately if you change your address.
medium. You further agree that upon conversion to an electronic record
as authorized herein such electronic record shall be the record of the
INTERPRETATION
transaction and the electronic record shall have the same legal force and
The Agreement shall be governed by applicable federal law and
effect as the paper documents from which it was converted. You waive
regulations. To the extent not preempted by applicable federal law, this
any legal requirement that any documents digitally or electronically
Agreement shall be governed by the laws of the state of Missouri.
converted be embodied, stored, or reproduced in a tangible media. You
undersigned and agree that a printed or digitally reproduced copy of the
Your Billing Rights: Keep this Document for Future Use
electronic record shall be given the same legal force and effect as a
This notice tells you about your rights and our responsibilities
signed writing. In addition, you authorize and agree to destruction of the
under the Fair Credit Billing Act.
paper documents by Commerce Bank upon conversion of the paper
documents to a digital or electronic record.
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:
COMMUNICATIONS CONSENT
Commerce Bank P.O. Box 411036, Kansas City, MO 64141-1036.
You expressly consent and agree that Commerce Bank and their
You may also send us this information via fax at 1-816-234-2811
affiliates, agents, vendors, collections agencies, and service providers
may use written, electronic or verbal means to contact you. The ways in
In your letter, give us the following information:
which we may contact you include, but are not limited to, contact by
Account information: Your name and Account number.
manual calling methods, live operator calls, prerecorded or artificial voice
Dollar amount: The dollar amount of the suspected error.
calls and messages, text messages, emails, and/or automatic telephone
Description of problem: If you think there is an error on your
dialing systems. You agree that Commerce Bank and their affiliates,
bill, describe what you believe is wrong and why you believe it
agents, vendors, collections agencies, and service providers may contact
is a mistake.
you by using any email address or any telephone number you provide,
You must contact us:
now or in the future, including a number for a cellular phone or other
Within 60 days after the error appeared on your Statement.
wireless device, regardless of whether you incur charges as a result.
At least 3 Business Days before an automated payment is
Phone numbers and email addresses, you provide include those you
scheduled, if you want to stop payment on the amount you
give to us, those from which you contact us or which we obtain through
think is wrong.
other means. Message and data rates may apply.
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
Indemnification
may have to pay the amount in question.
If you provide telephone number(s) for which you are not the subscriber,
you understand that you shall indemnify us for any costs and expenses,
What Will Happen After We Receive Your Letter
including reasonable attorneys' fees, incurred as a result of us contacting
or attempting to contact you at the number(s) provided. In the event any
When we receive your letter, we must do two things:
of your contact information changes, you agree to immediately notify us.
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
Communication Revocation
error.
If you do not want to receive communications as described in the
previous paragraph, you must: (i) provide us with written notice revoking
2. Within 90 days of receiving your letter, we must either correct the error
your prior consent, (ii) in that written notice, you must include your name,
or explain to you why we believe the bill is correct.
mailing address, and the last four digits of your Account number: (iii)
advise whether you would like communications to cease via mail, voice
While we investigate whether or not there has been an error:
calls, telephone number(s), email, text/SMS, or cease in all forms; (iv) if
We cannot try to collect the amount in question, or report you
you are requesting communications to cease via telephone number(s)
as delinquent on that amount.
and/or email, please provide the specific phone number(s) and email
The charge in question may remain on your Statement, and
address; (v) you must send this written notice to:
we may continue to charge you interest on that amount.
Commerce Bank
While you do not have to pay the amount in question, you are
Attention - Commerce Bank Customer Service
responsible for the remainder of your balance.
P.O. Box 411036, Kansas City, MO 64141-1036
We can apply any unpaid amount against your credit limit.
After we finish our investigation, one of two things will happen:
Telephone Conversation Recording
If we made a mistake: You will not have to pay the amount in
You consent and agree that our staff may monitor and/or record phone
question or any Interest Charges or other Fees related to that
calls between you and our representatives without additional notice to
amount.
you, including but not limited to calls we make to service your account or
If we do not believe there was a mistake: You will have to pay
collect debt(s).
the amount in question, along with applicable Interest Charges
and Fees. We will send you a Statement of the amount you
MILITARY LENDING ACT DISCLOSURE
owe and the date payment is due. We may then report you as
Federal law provides important protections to members of the Armed
delinquent if you do not pay the amount we think you owe.
Forces and their dependents relating to extensions of consumer credit. In
general, the cost of consumer credit to a member of the Armed Forces
If you receive our explanation but still believe your bill is wrong, you must
and his or her dependent may not exceed an annual percentage rate of
write to us within 10 days telling us that you still refuse to pay. If you do
36 percent. This rate must include, as applicable to the credit transaction
so, we cannot report you as delinquent without also reporting that you
or account: The costs associated with credit insurance premiums; fees
are questioning your bill. We must tell you the name of anyone to whom
for ancillary products sold in connection with the credit transaction; any
we reported you as delinquent, and we must let those organizations
application fee charged (other than certain application fees for specifed
know when the matter has been settled between us.
credit transactions or accounts); and any participation fee charged (other
than certain participation fees for a credit card account). You can call toll
If we do not follow all of the rules above, you do not have to pay the first
free to 855-225-1576 to hear the applicable required Military Lending Act
$50 of the amount you question even if your bill is correct.
disclosures.
Your Rights If You Are Dissatisfied With Your Credit Card
MISCELLANEOUS PROVISIONS
Purchases
You also agree that:
We may refuse to extend credit to you or anyone using your
If you are dissatisfied with the goods or services that you have
Account or Card(s).
Purchased with your credit card, and you have tried in good faith to
We will not be liable or responsible for anyone's refusal to honor
correct the problem with the merchant, you may have the right not to pay
your Card(s).
the remaining amount due on the Purchase.
Each Account you have with us is separate from any others you
have with us, and Interest Charges will be charged on each
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
Account's balance at the APR given with each Agreement. Each
individual Account will be designated by an individual Account
miles of your current mailing address, and the purchase price must have
number.
been more than $50. (Note: Neither of these are necessary if your
Purchase was based on an
Your Card(s) are Commerce Bank property.
advertisement we mailed to you, or if we own the company that sold you
We may change the premium enhancements offered at any time
the goods or services.)
without further notice to you.
2. You must have used your credit card for the Purchase. Purchases
Merchants with whom you've shared your Account number may be
made with Cash Advances from an ATM or with a check that accesses
updated with new Account information to ensure the continuation of
your credit card Account do not qualify.
your payment agreement.
3. You must not yet have fully paid for the Purchase.
You will not use your Card(s) for any purpose that has been
deemed illegal. We reserve the right to deny authorization requests
If all of the criteria above are met and you are still dissatisfied with the
from online gambling merchants, whether or not online gambling is
Purchase, contact us in writing at:
illegal in the state in which you reside.
Commerce Bank may share your Account experience and
Commerce Bank P.O. Box 411036, Kansas City, MO 64141-1036.
transaction information with its Affiliates, which are members
of the Commerce Family of Companies as defined in your
While we investigate, the same rules apply to the disputed amount as
Privacy Statement. Unless you call 1-800-543-4845, you agree
discussed above. After we finish our investigation, we will tell you our
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decision. At that point, if we think you owe an amount and you do not
pay, we may report you as delinquent.
LIABILITY FOR UNAUTHORIZED USE
If your name appears on the Account for the Card(s) accompanying this
Agreement, then by using or permitting another to use the Card(s) and/or
PIN, you agree to all the provisions of this Agreement, including, but not
limited to your promise to pay. You will not be liable for unauthorized
use that occurs after you notify Commerce Bank orally or in writing.
Notification of loss, theft or possible unauthorized use may be mailed to
Commerce Bank, P.O. Box 411036, Kansas City, MO 64141-1036, or
you may call 1-800-645-2103.
If you have any questions regarding this Agreement, or our current fee
schedule, write to us at Commerce Bank, P.O. Box 411036, Kansas
City, MO 64141-1036, or call us at 1-800-645-2103.
(Effective 02/12/2019)
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Commerce Bank
OPTIONAL FEATURES
Member FDIC
Commerce Bank credit cards may come with optional credit card
regular savings, and money-market accounts to make payments on your
payment features, including Special Connections and toggle®.
The
Commerce credit cards, lines of credit or loans or (iii) take cash
Special Connections and toggle features are offered at the sole
advances on your Commerce credit cards.
discretion of Commerce Bank ("Commerce") to Accountholders ("You" or
"Your") that have Qualified Commerce Bank Credit Card Accounts. A
The account(s) you designate for ATM accessibility will be considered
"Qualified Commerce Credit Card Account" means any open Account
your Special Connections Feature at the ATM account(s) (each, a
that is not designated by Commerce as lost, stolen, fraud transferred,
"ATM Account"). If you wish to designate one or more checking
credit revoked, closed, bankrupt, charged off, or in Consumer Credit
accounts as an ATM Account, then you must designate one of those
Counseling or recovery. By using these optional features, you
checking accounts as your Point of Sale Account as defined below. In
acknowledge that you have read and accepted the Commerce Bank
order to have ATM access to your checking accounts, you must at all
Special Connections terms and conditions ("Special Connections
times maintain a Point of Sale Account. If you no longer have a Point of
Terms and Conditions") and the Commerce Bank toggle terms and
Sale Account, then you will lose ATM access to all of your checking
conditions ("toggle R Terms and Conditions") which shall govern your use
accounts.
of and rights under these optional features.
Commerce has no control over the functionalities offered at non-
The Special Connections Terms and Conditions and toggle Terms
Commerce ATMs. Some or all of these features may not be available at
and Conditions are a separate agreement and are not part of your
all non-Commerce ATMs and some ATMs may allow you to perform
Agreement.
other functions not mentioned here, including the ability to make
purchases (e.g. stamps). If at any time you use a non-Commerce ATM
SPECIAL CONNECTIONS FEATURE
to request to take money from an account that you do not have or if the
With this feature ("Special Connections Feature"), and as permitted
non-Commerce ATM does not prompt you to select a specific account
from time to time, you may use your Card to access Commerce Bank
from which to take the money, then you agree that Commerce will
Special Connections Feature-eligible deposit accounts, credit cards,
attempt to comply with your request by providing you with money from
lines of credit, and/or loans. You may request the Special Connections
one of your open ATM Accounts. Cash withdrawals may be taken from
Feature from a Commerce Bank branch, through Commerce Bank
any open deposit ATM Account owned by you and cash advances may
Online Banking, or from our Customer Service Department at 1-800-645-
be taken from any credit card ATM Account owned by you.
2103. These features are not automatically activated.
Point of Sale Transaction
For customers with a Special Connections® Visa® or MasterCard credit
You may designate one (1) checking account as your Special
card, please note: The Special Connections Feature is different
from
a
Connections Feature at the point of sale account ("Point of Sale
Commerce Bank Special Connections Visa or MasterCard credit card.
Account"). At merchants that have agreed to accept the Card on
The Special Connections Feature allows you to add certain functionality
networks utilized by us and support the Special Connections Feature,
to any Commerce Bank-issued credit card, including Commerce Bank's
you can use funds in your Point of Sale Account to pay for your
Special Connections Visa or MasterCard credit card. However, your
purchases. The use of your Card in this manner constitutes a
Special Connections Visa or MasterCard credit card is not automatically
simultaneous withdrawal from and/or demand upon your checking
enabled with the Special Connections Feature. You must proactively
account, even though the transaction may not actually be posted to your
enroll any credit card, including your Special Connections Visa or
account until a later date. Merchants decide how to interact with the
MasterCard credit card, in the Special Connections Feature in order for
Special Connections Feature and the experience may vary.
that card to utilize the Special Connections Feature's capabilities
described herein.
Only Commerce checking accounts are eligible for this functionality and
only one (1) Commerce Bank checking account can be designated as
ELECTRONIC FUND TRANSFERS
the Point of Sale Account at any one time. Your Point of Sale Account
The following provisions apply only to electronic fund transfers ("EFTs").
shall always remain as an ATM Account. If at any time you instruct
EFTs are any transfer of funds initiated with your Card(s) at an ATM or
Commerce to remove the Point of Sale capabilities from your card, you
as a debit transaction at Point of Sale. We can cancel these services at
will no longer have access to any of your checking accounts at the ATM.
any time and for any reason without notice. We can also cancel your
entire Account, including credit card services, and revoke your Card(s)
ATM and Point of Sale transactions will post to your checking account(s)
as provided in the CANCELLATION paragraph above. This may be
as detailed in your Deposit Agreement.
done by an ATM or merchant not returning your Card(s) to you. We may
change the terms of this Agreement relating to EFTs without notice to
Foreign Transaction
you unless required by law.
For transactions occurring outside of the United States, the nature of
which is unspecified to us, we will apply the transaction to accounts in
TELEPHONE NUMBER AND ADDRESS TO BE NOTIFIED IN EVENT
the following order: checking, money-market, regular savings,
OF UNAUTHORIZED TRANSFER
Commerce Visa or Commerce MasterCard.
Tell us AT ONCE if you believe your card has been lost or stolen, or if
you believe that an electronic fund transfer has been made without your
Limitation on Frequency of Transfers. There are no limitations on the
permission using information from your check. Telephoning is the best
number of transfers that can be made during any time period to or from
way of keeping your possible losses down. You could lose all the money
any deposit account, except as provided by federal regulations limiting
in your account plus your maximum overdraft line of credit. If you tell us
preauthorized transfers. By federal regulation, you are limited during any
within 2 business days after you learn of the loss or theft of your card,
statement cycle to six preauthorized transfers (three of which may be by
you can lose no more than $50 if someone used your card without your
check, draft or similar order if the account is a money market-type
permission.
account).
If you do NOT tell us within 2 business days after you learn of the loss or
Limitation on Dollar Amount of Transfers. The balance available for
theft of your card, and we can prove we could have stopped someone
authorizing purchases and cash withdrawals is the lesser of 1) your
from using your card without your permission if you had told us, you
available deposit account balance, plus any credit available through an
could lose as much as $500.
overdraft protection line of credit or through any overdraft authorized by
us in our sole discretion, OR 2) daily dollar limitations. For cash
Also, if your statement shows transfers that you did not make, including
advances against a Commerce Bank credit card, you may withdraw cash
those made by card, code or other means, tell us at once. If you do not
up to the lesser of your credit line or daily dollar limitations. In addition,
tell us within 60 days after the statement was mailed to you, you may not
daily withdrawal frequency limitations may apply to cash advances.
get back any money you lost after the 60 days if we can prove that we
Dollar limitations may differ at ATMs other than ours.
could have stopped someone from taking the money if you had told us in
time. If a good reason (such as a long trip or a hospital stay) kept you
Online Gambling. You agree that you will not use your card for any
from telling us, we will extend the time period. By permitting another
purpose that has been deemed illegal. We reserve the right to deny
person to use the card, you authorize and are fully liable for any
authorization requests from online gambling merchants, whether or not
transactions that person initiates until that person's authority is ended.
online gambling is illegal in the state in which you use your card.
You may only end that person's authority by notifying us.
Reservations and Merchant Authorization. Under certain
If you believe your card has been lost or stolen, or that someone has
circumstances, a merchant (e.g., hotel) may require the use of a card to
transferred or may transfer money from your account without your
guarantee reservations that may result in a hold on the available funds
in
permission, call us at 1-800-617-7480 or write to us at Commerce Bank,
the account. If you cancel any guaranteed reservation made using the
PO Box 411036, Kansas City, MO 64141-1036. You should also call the
card, you must obtain a cancellation number. If you fail to do so, the hold
number or write to the address listed above if you believe a transfer has
placed for the guaranteed reservation will not be canceled and the
been made using the information from your check without your
amount will be held against the balance in the account. This may limit
permission.
your future transactions. Further, if the merchant subsequently charges
the amount of the guaranteed reservation to the account, we will not be
TYPES OF AVAILABLE TRANSFERS AND LIMITS ON TRANSFERS
obligated to re-credit the account if you fail to obtain a cancellation
Account Access. The following EFTs are only available if you request
number. In addition, authorizations issued for card transactions must be
the Special Connections Feature. Depending on the type of accounts
canceled when you initiate a card transaction and subsequently use
that Commerce determines from time-to-time are eligible for the Special
another form of payment for the transaction such as a credit card or
Connections Feature as well as which of your accounts you choose to
cash, since failure to have the authorization canceled may also result in
access using the Special Connections Feature, you may use your Card
a hold on funds in the account and limit your future transactions.
to perform the following functions where otherwise permitted:
POINT OF SALE TRANSACTIONS
ATM Transaction
The use of your card with the Special Connections Feature to
At the ATM, insert your Card and enter the credit card PIN that you
purchase goods and services constitutes a simultaneous withdrawal from
established for this Card to (i) withdraw cash from, deposit money in,
and/or demand upon your checking account, even though the transaction
transfer funds between, or learn the balances in your checking, regular
may not actually be posted to your account until a later date. Any person
savings or money-market accounts; (ii) use funds from your checking,
or merchant honoring your card may be required to obtain approval or
5
authorization for any transaction. When we approve a non-PIN
If the ATM where you are making the transfer does not have
transaction (which may or may not require your signature), we may
enough cash.
immediately reduce the available balance in your checking account by
If the terminal or system was not working properly and you knew
the authorization amount requested by the merchant even though we
about the breakdown when you started the transaction.
have not received the transaction electronically for payment, which may
If circumstances beyond our control (such as flood or fire) prevent
differ from the final posted amount.
the transfer, despite reasonable precautions that we have taken.
There may be other exceptions stated in our Agreement with you.
This authorization amount will not be available until our receipt of the
transaction OR no more than three business days after the transaction
ERROR RESOLUTION PROCEDURES
date, whichever first occurs. If funds are not available for checks, other
In case(s) of errors or questions about your EFTs, telephone us at 1-800-
items or debits, you may be subject to overdraft or insufficient funds fees.
617-7480 or write us at Commerce Bank, PO Box 411036, Kansas City,
Transactions with your card will be posted to your account in the order
MO 64141-1036 as soon as you can, if you think your statement or
and with the same legal effect as checks or other debits drawn on your
receipt is wrong, or if you need more information about a transfer listed
account. You may use your card only in the manner and for the purposes
on the statement or receipt. We must hear from you no later than 60
authorized by this Agreement. We may recognize a transaction even if
days after we sent the FIRST deposit statement on which the problem or
we have not authorized it, but that does not mean we will authorize the
error appeared.
same type of transaction again. You do not have the right to stop
Tell us your name and account number.
payment on any transaction originated by use of your card with the
Tell us the name of the merchant, the transaction date and the
Special Connections Feature, except recurring preauthorized transfers
dollar amount of the suspected error.
as described in this Agreement.
Describe the error or the transfer you are unsure about, and explain
as clearly as you can why you believe it is an error or why you need
Overdrafts. You are responsible for all authorized transactions initiated
more information.
by use of your card with the Special Connections Feature.
If
a
negative
Tell us if you have already attempted to resolve the issue directly
balance (overdraft) in your checking account results from the use of the
with the merchant.
card with the Special Connections Feature, you will pay us on demand
this negative balance and our then current charge for overdrafts. If you
If you tell us orally, we may require that you send your complaint or
have an overdraft line of credit (Checking Plus) for an account, you are
question in writing within 10 business days.
bound by the rules and regulations that apply to that credit privilege
We will determine whether an error occurred within 10 business days
(Overdraft Protection). In addition, if your checking account is closed
after we hear from you and will correct any error promptly. If we need
before transactions are posted, you will pay us on demand the
more time, however, we may take up to 45 calendar days to investigate
outstanding amount.
your complaint or question. If we decide to do this, we will credit your
deposit account within 10 business days for the amount you think is in
FEES
error so that you will have the use of the money during the time it takes
Fees for all EFT services are disclosed in our fee schedule. You will
us to complete our investigation. If we ask you to put your complaint or
receive a fee schedule at account opening. You may request a copy of
question in writing and we do not receive it within 10 business days, we
our current fee schedule at any Commerce branch or by contacting 1-
may not credit your deposit account.
800-453-2265. When you use an ATM not owned by us you may be
charged a fee by the ATM operator (or any network used) for a
For errors involving new accounts, point-of-sale, or foreign-initiated
transaction or for a balance inquiry even if you do not complete a fund
transactions, we may take up to 90 days to investigate your complaint or
transfer.
question. For new accounts, we may take up to 20 business days to
credit your account for the amount you think is in error.
RIGHT TO RECEIVE DOCUMENTATION OF TRANSFERS
We will tell you the results within three business days after completing
Terminal Receipts. You will get a receipt at the time you make any
our investigation. If we decide that there was no error, we will send you a
transfer to or from your deposit account using an ATM or electronic POS
written explanation. You may ask for copies of documents that we used
terminal.
in our investigation.
Preauthorized Credits. If you have arranged to have direct deposits
TOGGLE® FEATURE
made to your deposit account at least once every 60 days from the same
Commerce may add toggle to any Qualified Commerce Visa or
person or company, you can call us at 1-800-746-8704 to find out
MasterCard Credit Card Account.
whether or not the deposit has been made.
DEMAND DEPOSIT ACCOUNT
Periodic Statement. You will get a monthly deposit statement if you
You may link up to two (2) demand deposit accounts (each, a "DDA") to
have a deposit account upon which checks or drafts may be drawn. You
Your Qualified Commerce Credit Card Account for the use of the toggle
will get a monthly deposit statement on your regular savings account if
payment feature.
there are electronic transfers during the month. In any case, you will get
a regular savings deposit statement quarterly.
If You link a Commerce DDA to Your Account, that DDA must be an
open checking account. You must have an ownership relationship to that
DISCLOSURE OF ACCOUNT INFORMATION TO THIRD PARTIES
DDA in order to link it to Your credit card Account. Any person using the
We will disclose information to third parties about your account or the
Account and/or related Card(s) with the expressed or implied permission
transfers you make:
of any of the applicants ("Authorized Users") will have access to the
Where it is necessary for completing transfers. Merchants with
linked DDA through the use of Your Account.
whom you've shared your account number may be updated with
new account information to ensure the continuation of your payment
Any DDA that has been designated by Commerce as having a
agreement.
garnishment, a closed-to-posting restriction, or has been forced to close
In order to verify the existence and condition of your account for a
by Commerce, will not be eligible to link to Your Account for the purpose
third party, such as a consumer reporting agency or merchant.
of the toggle payment feature. Small Business banking accounts will not
In order to comply with government agency or court orders.
be eligible to link to Your Account for the purpose of the toggle payment
If you give us your permission.
feature.
In accordance with our current Privacy Policy Notice.
If You link a non-Commerce DDA to Your Account, You must provide
RIGHT TO STOP PAYMENT OF PREAUTHORIZED TRANSFERS AND
Commerce with the account number and the routing information for that
PROCEDURES FOR DOING so; RIGHT TO RECEIVE NOTICE OF
financial institution. Certain transaction restrictions may apply to such
VARYING AMOUNTS; AND OUR LIABILITY FOR FAILURE TO STOP
non-Commerce DDAs. Please refer to such bank's terms and conditions
PAYMENT
of Your DDA for applicable fees, restrictions and/or limitations of Your
If you have told us in advance to make regular payments out of your
DDA.
deposit account, you can stop any of these payments. Here's how: Call
us at 1-800-617-7480 or write us at Commerce Bank, PO Box 411036,
PAYMENT PREFERENCES
Kansas City, MO 64141-1036 in time for us to receive your request three
"Payment Preferences" means the selection of a category, setting and/or
business days or more before the payment is scheduled to be made. If
amount you choose to determine if a credit card purchase is to be paid
you call, we may also require you to put your request in writing and get it
for from your linked DDA or if it is to remain a part of your credit card
to us within 14 days after your call.
balance.
Notice of Varying Amounts. If these regular payments may vary in
PAY NOW™
amount, the person you are going to pay will tell you, 10 days before
"Pay Now means a credit card purchase that will be automatically
each payment, when it will be made and how much it will be. You may
paid for from Your DDA according to Your Payment Preferences. Any
choose to get this notice only when the payment would differ by more
purchase made by You or an Authorized User with Your Account, will be
than a certain amount from the previous payment, or when the amount
paid for from the DDA that has been linked to Your Account, and in
would fall outside certain limits that you set.
accordance with the Payment Preferences that have been selected by
the applicants of the Account.
Liability for Failure to Stop Payment of Preauthorized Transfers. If
you order us to stop one of these payments three business days or more
When a toggle credit is posted to your Account, we reserve the right to
before the transfer is scheduled, and we do not do so, we will be liable
place a temporary hold on the available credit created by the toggle
for your losses or damages.
credit. toggle does not, nor is it intended to, shorten the time-frame in
which your available credit is replenished after a payment to your
Our Liability for Failure to Make Transfers. If we do not complete a
Account.
transfer to or from your deposit account on time or in the correct amount
according to our Agreement with you, we will be liable for your losses or
Purchases may take 1-2 business days to post to Your Account following
damages. However, there are some exceptions. We will not be liable, for
the date of Purchase. After the Purchase has posted to Your Account, an
instance:
ACH may take 1-2 business days to appear as a debit on Your DDA.
If through no fault of ours, you do not have enough money in your
account to make the transfer.
Payments are not applied to the required minimum payment due on Your
If the transfer would go over the credit limit on your overdraft line.
Statement each month. You will still have a required minimum payment
6
due each month, which will appear on Your Statement and will be
electronically through Online Banking, or by contacting us at 1-800-645-
subject to the terms of Your cardholder agreement.
2103. Your notice must be sent in such time and manner as to afford
Commerce Bank a reasonable opportunity to act upon the termination
PAY LATER TM
(but in no event less than three business days). Commerce reserves the
"Pay Later means any Purchase that is made with Your Account that
right to decline or cancel toggle service at any time.
will not be automatically paid for from a DDA, and will become a part of
your outstanding credit card balance.
You may choose to use the Pay Later TM feature for Your Purchases by
choosing not to activate a specific Payment Preference, by deactivating
a previously chosen Payment Preference, by cancellation of a linked
DDA, or by the cancellation of the toggle payment feature from Your
credit card Account.
UNWIND
"Unwind means the ability to return funds that were used to pay for a
Purchase from Your DDA with the Pay Now™ feature, and to have the
original Purchase placed back on to Your Account.
You will have up to 30 calendar days to use the Unwind feature for a
Pay Now™ feature Purchase. When the Purchase posts back to Your
Account, it will post with the original transaction date, and will be subject
to interest charges according to the terms of Your Cardholder
Agreement. We reserve the right to limit the total amount of your
Unwind feature requests from exceeding the available credit for Your
Account.
TOGGLE ON DEMAND™
"toggle On Demand TM" means any credit card purchase that You
manually choose to be paid from either Your DDA or reward points after
the transaction posts to Your Account.
ACH RETURNS
If an ACH payment request is returned for any reason, the original
Purchase that initiated that ACH payment request will be posted back to
Your Account, and will be due according to the terms of Your Agreement.
An ACH return for any reason will result in the deactivation of any active
Payment Preferences for the DDA that caused the return, and any other
DDA that might share an active Payment Preference. Your Payment
Preferences will remain deactivated until such time that you re-activate
Your Payment Preferences.
If Your Payment Preferences are not active, any pending and future
Purchases that previously matched that Payment Preference, will post to
Your Account and will not initiate an ACH payment request. These
Purchases will become a part of your outstanding credit card balance
with Commerce, and will be due according to the terms of Your
Cardholder Agreement.
If You have linked a Commerce DDA to Your Account, any ACH
payment request that would result in an overdraft of Your DDA will be
returned to Your Account, and no overdraft or insufficient funds fees will
be assessed to You. If you have linked a non-Commerce DDA to Your
Account, You may be assessed overdraft and/or insufficient funds fees
according to that financial institution's deposit agreement.
toggle ALERTS
Commerce will use the email address provided by You at the time of the
Account(s) or Card(s) opening to notify you of important changes in
regards to the toggle payment feature for Your Account. You will not be
able to turn off these notifications. You agree that You are responsible
for maintaining a valid email address and agree to notify us of any
change in Your email address. You can change the email address for
account notification at any time through Commerce Online Banking.
Should delivery of the account notification be unsuccessful, it remains
Your responsibility to monitor Your toggle Payment Preferences in a
timely manner from Commerce Online Banking.
GENERAL TERMS & CONDITIONS
You must be enrolled in a Commerce Rewards Program in order to
receive rewards for Your Purchases.
Commerce reserves the right, in its sole discretion, to suspend, cancel or
modify the toggle® payment feature at any time and for any reason and
without prior notice.
Commerce reserves the right, in its sole discretion, to add, delete,
change or revise these toggle Terms and Conditions including, but not
limited to, qualifications for participation in toggle
Commerce reserves the right, in its sole discretion, to disqualify any
Accountholder from participation in toggle in cases of actual or
suspected abuse, fraud, violations of these toggle R Terms and
Conditions or any actual or suspected abuse or fraud with respect to the
Account or DDA.
Neither Commerce nor its third-party service providers, their respective
employees, officers, affiliates or agents will be liable to You for any
action or inaction any of them take or fail to take with respect to toggle
or any changes to these toggle Terms and Conditions.
All trademarks, service marks and trade names used by Commerce for
toggle®, including the toggle design are property of Commerce. No use
of these may be made without the prior written authorization of
Commerce.
By using toggle®, You agree to all of the toggle features, limitations and
restrictions contained in these toggle Terms and Conditions as well as
any additional terms and conditions contained in any programs,
promotions or transactions that may be offered to You from time-to-time
and any terms and conditions contained in any document issued to You
by Commerce.
This authorization is to remain in effect until Commerce has received
electronic notice of termination from You. You may terminate toggle
7