Commerce Bank
CARDHOLDER AGREEMENT
Member FDIC
This cardholder agreement ("Agreement") is for your Account with
BILLING STATEMENTS
Commerce Bank, and the Card(s) which has/have been given to you in
You will receive a Statement periodically (normally monthly). Your
connection with your Account. Such Account and Card(s) provide you
payment is due within 25 days from the date of the Statement (payment
with credit card services and ATM Services. "You" and "your" mean any
due date).
applicant for the Account and any person using the Account and/or
related Card(s) with the expressed or implied permission of any of the
PAYMENT OPTIONS
applicants. Any person whose name appears on the Account for the
You may pay the new balance shown on your Statement each month or
Card(s) accompanying this Agreement consents, either by using or
you may pay in monthly installments. If you decide to pay in monthly
permitting another to use the Card(s), to all provisions of this Agreement.
installments, you must pay at least the minimum payment on your
"We", "us" and "our" means Commerce Bank, our successors and
Statement. The minimum payment will be the greater of:
assigns.
$30.00 or the full amount of your total balance if it is less than
$30.00; or
In this Agreement:
1.00% of your new balance plus any amounts that are past due,
Account is your credit card account.
plus Fees (excluding Balance Transfer and/or Convenience Check
Annual Fee is a fee charged on a yearly basis for your continued use of
Fees) and Interest Charges accumulated during the billing period.
the Account.
APR is Annual Percentage Rate.
When a payment is posted to your Account, we reserve the right to
ATM is Automated Teller Machine.
restrict or delay all or part of the available credit created by the payment.
Balance Transfer is an advance made when transferring a balance from
The restriction or delay of the available credit is for risk management or
another creditor to your Account.
other related purposes, including but not limited to protection against
Business Days are Monday through Friday. Federal holidays are not
actual or potential fraudulent activities or unauthorized transactions.
included.
Card is the credit card(s) given to you in connection with your Account.
OVERDRAFT PROTECTION
Cash Advance includes:
If you select overdraft protection, a Cash Advance will be made to cover
Non-Overdraft Cash Advance is an advance made by means of
an overdraft in your designated Commerce Bank deposit account. Such
an electronic device or machine, or a financial institution teller, or for
Overdraft Cash Advances will be in the amount of $50.00 or multiples of
the purchase of wire transfers, non-U.S. currency, travelers' checks,
$50.00. If the designated deposit account is a joint account, you will be
money orders, lottery tickets and casino gaming chips.
liable for all overdrafts on the account regardless of which joint account
Overdraft Cash Advance is an advance made by means of
owner caused, or benefited from the overdraft. Each Overdraft Cash
overdraft protection.
Advance is at our discretion. We may permit or refuse to permit any
Cash Limit is the maximum dollar amount of your Credit Line, as defined
Overdraft Cash Advance that would cause you to exceed the Cash Limit
herein, available for Cash Advances.
on your Account. We are not liable or responsible for any check drawn
Charges are costs imposed as part of this Agreement and include both
that may for any reason be returned or otherwise dishonored. We may
interest and fees.
cancel this overdraft feature at any time without notice.
Convenience Check is a check provided to you to access credit from
your Account.
BALANCE ON WHICH INTEREST CHARGES ARE CALCULATED
Daily Balance is determined, for each day in the billing cycle, by taking
If you accrue any Interest Charges on your Account at a variable rate,
the beginning balance, adding any new transactions or other debits, and
that rate will be calculated by adding a margin to the Prime Rate. Please
subtracting any payments or other credits.
see the ACCOUNT OPENING DISCLOSURE, which is part of this
Daily Periodic Rate is the APR divided by 365.
Agreement, for specific information regarding the APRs used to
Fees are non-Interest Charges, including transaction fees.
compute your Interest Charges.
Grace Period means the period of time during the billing cycle when you
will not accrue Interest Charges on certain transactions or balances.
We calculate your Daily Balance for each day in the billing cycle by
Interest Charges are the portion of Charges attributed to periodic
taking your beginning balance, adding any new transactions or other
interest rates.
debits, and subtracting any payments or other credits. We multiply the
PIN is Personal Identification Number.
Daily Balance by the Daily Periodic Rate to get your Interest Charges for
Prime Rate is the U.S. Prime Rate published in The Wall Street Journal
that day. We add these Interest Charges to your Daily Balance to get the
in its column called "Money Rates" on the last Business Day of each
beginning balance for the next day. We do this for all days on which you
month.
have a balance owing on the Account, disregarding any credit balance,
Promotional Balance is the balance subject to the Promotional Rate.
for the billing cycle.
Balances subject to Introductory Rates are included.
Promotional Rate is a rate other than the standard rate, tied to a special
We add all the daily Interest Charges and round the sum to the next
offering. A Promotional Rate offered when you open your Account may
highest cent to get your total Interest Charges for that billing cycle. We
be called an Introductory Rate.
do this calculation separately for each type of balance.
Purchase means purchase of merchandise or services on the Account
plus related Charges and does not include any Balance Transfer,
The Prime Rate used to determine the APR on your Account is the U.S.
Convenience Check, Cash Advance, and related Fees or Interest
Prime Rate published in The Wall Street Journal in its column called
Charges.
"Money Rates" on the last Business Day of each month. Although each
Statement is your billing statement.
Daily Periodic Rate is determined by an index published prior to the first
day of each calendar month, the respective Daily Periodic Rate will only
CREDIT CARD SERVICES
become effective and charged as of the first day of the monthly billing
The following provisions relate only to credit card services except as
period following the respective calendar month in which the index is so
otherwise applicable.
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
ACCOUNT DESCRIPTION
Street Journal no longer publishes the "Money Rates" column, then we
We will grant you a line of credit with a maximum dollar limit ("Credit
will choose a new index based on comparable information. An increase
Limit") and may designate a Cash Limit as determined by us. These
in the Prime Rate will cause your interest rate to increase and may cause
limits will be indicated on your Statement.
your minimum monthly payment to increase.
Subject to the terms of this Agreement, you may use your Account to
INTEREST CHARGE COMPUTATION
make Purchases and obtain Balance Transfers, Convenience Checks,
ON PURCHASES: Interest Charges begin to accrue on the
and Cash Advances that do not exceed your Credit Limit and/or Cash
transaction date, provided such date will never be later than the
Limit at any time. Should your Purchases, Balance Transfers,
date the Purchase is posted to the Account or earlier than the first
Convenience Checks, and/or Cash Advances ever exceed your Credit
day of the billing cycle for the Statement on which such transaction
Limit and/or Cash Limit, we reserve the right to terminate this Agreement
is shown. Purchases are subject to a Grace Period. If the previous
and demand the return of your Card(s). We can increase or decrease
balance is zero, or was paid in full by the payment due date shown
your Credit Limit and/or Cash Limit at any time without prior notice or
on your Statement, no Interest Charge will be assessed on current
liability. A change to your Credit Limit and/or Cash Limit will not affect
Purchases.
your obligation to pay us.
ON BALANCE TRANSFERS OR CONVENIENCE CHECKS:
Interest Charges begin to accrue on the date of the Balance
We may decline, at any time in our sole discretion, an authorization
Transfer or Convenience Check, provided such date will never be
request for any transaction for any reason, included but not limited to:
later than the date the Balance Transfer or Convenience Check is
operational considerations,
posted to the Account or earlier than the first day of the billing cycle
your Account is in default,
for the Statement on which such transfer or check is shown.
we suspect fraudulent or unlawful activity
ON CASH ADVANCES: Interest Charges begin to accrue on the
We are not responsible for any losses or damages, including
date of the Cash Advance, provided such date will never be later
consequential damages, if a transaction on your Account is declined,
than the date the Cash Advance is posted to the Account or earlier
either by us or a third party, even if you have sufficient credit available.
than the first day of the billing cycle for the Statement on which such
advance is shown.
PROMISE TO PAY
You promise to pay for all Purchases, Balance Transfers, Convenience
TOTAL INTEREST CHARGE COMPUTATION
Checks, and Cash Advances made by you through the use of the
We add Interest Charges for each type of balance to obtain your total
Account. In addition, you promise to pay all other amounts owed due to
Interest Charge for each billing cycle.
use of the Account by anyone else you authorize to use the Account until
such person's authority is ended. You may only end such person's
PENALTY RATE AND WHEN IT APPLIES
authority by notifying us in writing and returning to us any Card such
If at any time we have not received the required minimum monthly
person may have. All of you are responsible, both together and
payment within 60 days of the respective payment due date, we may
individually, for the entire Account balance even though only one of you
increase the applicable APR to a penalty APR ("Penalty Rate"). Please
uses the Account.
see the ACCOUNT OPENING DISCLOSURE for information
regarding the Penalty Rate for your Account. The Account may be
1
eligible for your standard Daily Periodic Rates and corresponding APR
next six billing cycles will also incur a $39 Returned Item Fee. At no time
for each type of balance after you have met the terms of this Agreement
will the Returned Item Fee exceed the amount of the Convenience
for six consecutive billing cycles after the monthly Statement on which
Check.
the Penalty APR first appears. Otherwise, the Penalty Rate may apply
indefinitely.
Convenience Checks and Document Copy Charges
Charges for Convenience Checks and requests for copies of sales
TERMINATION OF INTRODUCTORY OR PROMOTIONAL RATES
drafts, Statements or other documents related to your Account may be
If during an Introductory or Promotional Rate period, we have not
billed on your Account as Purchases in accordance with the fee schedule
received the required minimum monthly payment within 60 days of the
established by us from time to time. No charge will be made for copy
respective payment due date, we will increase the applicable APR to the
requests related to billing error resolution within 60 days of the disputed
Penalty APR. Introductory and/or Promotional Rates will not be
transaction.
reinstated.
TOTAL FEE COMPUTATION
FEES
We add all Fees assessed to obtain your total Fees for each billing cycle
(excluding transaction Fees for Balance Transfers and/or Convenience
Transaction, Annual and Penalty Fees:
Checks). We will assess Fees for Balance Transfers and/or Convenience
Please see the ACCOUNT OPENING DISCLOSURE for information
Checks to your Account in the same balance category to which the
regarding the specific Fees that may be charged to your Account.
transaction is posted.
Minimum Interest Charge
CANCELLATION
A minimum Interest Charge will be imposed in any billing cycle for which
To the extent permitted by law, Commerce Bank may cancel your
an Interest Charge is payable, and will appear on your Statement as a
Account, refuse to allow further transactions against your Account or
Fee.
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
Balance Transfer Or Convenience Check Transaction Fee
you may have with a sponsoring organization ceases or when any
You will be charged a transaction Fee, with a minimum and no
agreement we may have with the sponsoring organization is terminated.
maximum, for each Balance Transfer and/or Convenience Check posted
Cancellation of your Account will not affect your liability to us for credit
to your Account.
we have extended to you, including amounts not yet billed to your
Account. We may cancel your Account without prior notice or liability.
Non Overdraft Cash Advance Transaction Fee
You must surrender the Card(s), either upon a direct request by us, or
You will be charged a transaction Fee, with a minimum and no
any other bank or merchant who is acting upon our instructions.
maximum, for each Cash Advance posted to your Account.
CONDITIONS OF DEFAULT
Overdraft Cash Advance Transaction Fee
We may consider you to be in default if we do not receive a required
You will be charged a transaction Fee for each Cash Advance resulting
payment when due, including the minimum payment by the date shown
from the overdraft protection.
on your Statement; you fail to comply with the terms of this Agreement;
you make any false or misleading statements or omissions on your
Annual Fee
application; you file a bankruptcy petition or have one filed against you;
Your Account may have a Fee that will be added annually to your
we obtain information that causes us to believe that you may be unwilling
Account ("Annual Fee"). Please see the ACCOUNT OPENING
or unable to pay your debts to us or to others on time including, but not
DISCLOSURE for information regarding the specific fee, if any, for
limited to, your failure to make any payment to us on any other
your Account.
indebtedness or loan; you are declared incompetent by a court or a court
The imposition or payment of an Annual Fee does not affect or limit our
appoints a guardian/conservator for you or your assets; or you die.
right to terminate this Agreement, cancel your Account, and demand
payment, in a manner permitted by law, of any amounts owed on your
If we consider your Account to be in default, we may close your account
Account.
without notice and require you to pay the balance in a manner permitted
by law (subject to applicable law regarding notice or right to cure). To the
Foreign Transactions
extent permitted by law, if you are in default you will pay our collections
Please see the ACCOUNT OPENING DISCLOSURE for information
costs, attorneys' fees, court costs, and all other expenses of enforcing
regarding the specific Fees that may be charged to your Account related
our rights under this Agreement.
to foreign transaction.
ALLOCATION OF PAYMENTS
Visa and Mastercard Purchases, cash withdrawals and Cash Advances
We will allocate your minimum payment in the manner we determine. We
made in currencies other than U.S. Dollars will be converted to U.S.
will apply the amount in excess of the minimum payment to balances
Dollars under regulations established by VISA® International and
with higher APRs before balances with lower APRs.
Mastercard International. Visa conversion will be at a rate selected by
Visa from the range of rates available in wholesale currency markets for
RECEIPT OF PAYMENTS
the applicable central processing date, which may vary from the rate
Payments received before 5 PM CT at the address shown on your
Visa itself receives or the government-mandated rate in effect for the
Statement on any of our regular Business Days will be posted as of the
applicable central processing date. Mastercard conversion will be at a
date of receipt. Payments made in person before the close of business to
rate selected by Mastercard, typically either a government-mandated
an employee at a Commerce branch will be posted as of date of receipt.
rate or a wholesale rate provided to Mastercard. Conversion to U.S.
Payments mailed to the address shown or made in person at a branch
dollars may occur on a date other than the date of the transaction.
must be accompanied by the Account number or payment stub, and in
Therefore, the conversion rate may be different from the rate in effect at
the form of a check or money order in U. S. Dollars drawn on a U.S.
the time of the transaction. You agree to pay the converted amount plus
financial institution. Do not send cash through the mail. A delay in
the applicable foreign transaction Fee. For Purchases, cash withdrawals,
crediting the payment to your Account may occur if the payment does not
and Cash Advances made in U.S. dollars outside of the United States
meet these requirements for making payments (conforming
and its territories, you agree to pay the transaction amount, plus the
payments). In no case shall such delay exceed five days from receipt of
applicable foreign transaction Fee.
such payment.
Late Payment Fee
The cutoff time for payments made on any of our regular Business Days
For each payment not received by the payment due date, we may
through Commerce as transfers from your Commerce deposit account
charge a fee ("Late Payment Fee"). The first time you are late making the
are as follows: Commerce ATM, 7:00 PM CT; Commerce Online
required minimum monthly payment ("Late Payment First Occurrence"),
Banking, including Mobile Banking, 7:00 PM CT; Commerce Account
a $28 Late Payment Fee may be imposed. After the Late Payment First
Information Line, 7:00 PM CT; Commerce BankCards Online, 11:00 PM
Occurrence, if you make a late payment at anytime during the next six
CT; Commerce Collections Department, 11:00 PM CT. A payment made
billing cycles ("Late Payment Second Occurrence"), a $39 Late Payment
through Commerce Online Bill Pay will be posted on the Pay Date.
Fee may be imposed. After the Late Payment Second Occurrence, any
subsequent late payment during the next six billing cycles will also incur
Conforming payments received after the respective cutoff time will be
a $39 Late Payment Fee. At no time will the Late Payment Fee exceed
posted no later than the next Business Day. Payments made by a third-
the amount of the required minimum monthly payment.
party payor, will be posted as of the date we receive the payment.
Overlimit Fee
When the due date falls on a weekend or holiday, your payment due
In the event your balance exceeds your credit limit, no Fee will be
date will be on the next Business Day.
charged.
We may accept late payments, partial payments or checks and money
Other Fees
orders (or accompanying written communication) containing a statement
to the effect that the instrument was tendered as "payment in full," full
Returned Payment Fee
satisfaction of a disputed claim or other similar language without losing
No Fee will be charged for any check or other form of payment sent to us
any rights under this Agreement or under the law. All such payments or
which is returned unpaid.
written communications must be mailed to: Commerce Bank, P.O. Box
410857, Kansas City, MO 64141-1857.
Returned Item Fee
If we decline to honor a Convenience Check or when payment of a
CHANGE OF TERMS
Convenience Check is stopped at your request, we may charge a fee
Provided the Account is meeting the terms of this Agreement: (1) We will
("Returned Item Fee"). The first time we decline to honor a Convenience
not increase an introductory APR during any Introductory Rate period;
Check or when payment of a Convenience Check is stopped at your
and (2) We will not increase any APR, Annual Fee or minimum Interest
request ("Returned Item First Occurrence"), a $28 Returned Item Fee
Charge for 12 months following account opening, except for increases
may be imposed. After the Returned Item First Occurrence, if we decline
due to the expiration of an Introductory or Promotional Rate period, if
a Convenience Check or you request stop payment of a Convenience
any; changes in the Prime Rate; completion or failure of a temporary
Check at anytime during the next six billing cycles ("Returned Item
hardship arrangement; application of a Penalty Rate; or the end of
Second Occurrence"), a $39 Returned Item Fee may be imposed. After
military service to which the provisions of the Servicemembers Civil
the Returned Item Second Occurrence, any subsequent declined
Relief Act (SCRA) apply ("Exceptions"). Otherwise, we may change the
Convenience Check or stop payment of a Convenience Check during the
terms of the Agreement at any time, after notice and the right to reject if
2
required by law. Changes in any APR, other than the stated Exceptions,
Merchants with whom you've shared your Account number may be
Annual Fee or minimum Interest Charge will apply to new transactions
updated with new Account information to ensure the continuation of
created after the end of the 14th day following our providing notice to
your payment agreement.
you. If you reject a change, your Account will be cancelled and you will
You will not use your Card(s) for any purpose that has been
no longer be able to use the Account.
deemed illegal. We reserve the right to deny authorization requests
from online gambling merchants, whether or not online gambling is
Cancellation of your Account will not affect your liability to us for credit
illegal in the state in which you reside.
we have extended to you, including amounts not yet billed to your
Commerce Bank may share your Account experience and
Account.
transaction information with its Affiliates, which are members
of the Commerce Family of Companies as defined in your
ELECTRONIC RECORDS
Privacy Statement. Unless you call 1-800-543-4845, you agree
You agree that this document and all paper records related to your
that Commerce Bank and its Affiliates may also share other
Account and whether or not the other paper records were submitted,
information about you or your Account.
received or obtained in advance of, contemporaneously with or
You must notify us immediately at Commerce Bank, P.O. Box
subsequent to, the delivery of this document may, at the option of
411036, Kansas City, MO 64141-1036, if you believe any
Commerce Bank, be converted by any digital or electronic method or
information we reported to a credit reporting agency is inaccurate.
process to an electronic record or subsequently further converted or
migrated to another electronic record format or electronic storage
SECURITY INTEREST
medium. You further agree that upon conversion to an electronic record
Collateral securing other loans with us may also secure this
as authorized herein such electronic record shall be the record of the
indebtedness.
transaction and the electronic record shall have the same legal force and
effect as the paper documents from which it was converted. You waive
CHANGES IN ADDRESS
any legal requirement that any documents digitally or electronically
You agree to notify us immediately if you change your address.
converted be embodied, stored, or reproduced in a tangible media. You
undersigned and agree that a printed or digitally reproduced copy of the
INTERPRETATION
electronic record shall be given the same legal force and effect as a
The Agreement shall be governed by applicable federal law and
signed writing. In addition, you authorize and agree to destruction of the
regulations. To the extent not preempted by applicable federal law, this
paper documents by Commerce Bank upon conversion of the paper
Agreement shall be governed by the laws of the state of Missouri, but
documents to a digital or electronic record.
Commerce Bank will rely on the provisions of Nebraska law with respect
to the fees and charges (other than interest) that apply to your Account,
COMMUNICATIONS CONSENT
as authorized by Missouri Revised Statutes Section 408.145.
You expressly consent and agree that Commerce Bank and their
affiliates, agents, vendors, collections agencies, and service providers
Your Billing Rights: Keep this Document for Future Use
may use written, electronic or verbal means to contact you. The ways in
This notice tells you about your rights and our responsibilities
which we may contact you include, but are not limited to, contact by
under the Fair Credit Billing Act.
manual calling methods, live operator calls, prerecorded or artificial voice
calls and messages, text messages, emails, and/or automatic telephone
What To Do If You Find A Mistake On Your Statement
dialing systems. You agree that Commerce Bank and their affiliates,
If you think there is an error on your Statement, write to us at:
agents, vendors, collections agencies, and service providers may contact
Commerce Bank, P.O. Box 411036, Kansas City, MO 64141-1036
you by using any email address or any telephone number you provide,
You may also send us this information via fax at 1-816-234-2811
now or in the future, including a number for a cellular phone or other
wireless device, regardless of whether you incur charges as a result.
In your letter, give us the following information:
Phone numbers and email addresses, you provide include those you
Account information: Your name and Account number.
give to us, those from which you contact us or which we obtain through
Dollar amount: The dollar amount of the suspected error.
other means. Message and data rates may apply.
Description of problem: If you think there is an error on your
bill, describe what you believe is wrong and why you believe it
Indemnification
is a mistake.
If
you provide telephone number(s) for which you are not the subscriber,
You must contact us:
you understand that you shall indemnify us for any costs and expenses,
Within 60 days after the error appeared on your Statement.
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
At least 3 Business Days before an automated payment is
of your contact information changes, you agree to immediately notify us.
scheduled, if you want to stop payment on the amount you
think is wrong.
Communication Revocation
You must notify us of any potential errors in writing. You may call us, but
If you do not want to receive communications as described in the
if you do we are not required to investigate any potential errors and you
previous paragraph, you must: (i) provide us with written notice revoking
may have to pay the amount in question.
your prior consent, (ii) in that written notice, you must include your name,
mailing address, and the last four digits of your Account number: (iii)
What Will Happen After We Receive Your Letter
advise whether you would like communications to cease via mail, voice
calls, telephone number(s), email, text/SMS, or cease in all forms; (iv) if
When we receive your letter, we must do two things:
you are requesting communications to cease via telephone number(s)
1. Within 30 days of receiving your letter, we must tell you that we
and/or email, please provide the specific phone number(s) and email
received your letter. We will also tell you if we have already corrected the
error.
address; (v) you must send this written notice to:
2. Within 90 days of receiving your letter, we must either correct the error
Commerce Bank
or explain to you why we believe the bill is correct.
Attention - Commerce Bank Customer Service
P.O. Box 411036, Kansas City, MO 64141-1036
While we investigate whether or not there has been an error:
We cannot try to collect the amount in question, or report you
Telephone Conversation Recording
as delinquent on that amount.
You consent and agree that our staff may monitor and/or record phone
The charge in question may remain on your Statement, and
calls between you and our representatives without additional notice to
we may continue to charge you interest on that amount.
you, including but not limited to calls we make to service your account or
While you do not have to pay the amount in question, you are
collect debt(s).
responsible for the remainder of your balance.
We can apply any unpaid amount against your credit limit.
MILITARY LENDING ACT DISCLOSURE
After we finish our investigation, one of two things will happen:
Federal law provides important protections to members of the Armed
If we made a mistake: You will not have to pay the amount in
Forces and their dependents relating to extensions of consumer credit. In
question or any Interest Charges or other Fees related to that
general, the cost of consumer credit to a member of the Armed Forces
amount.
and his or her dependent may not exceed an annual percentage rate of
If we do not believe there was a mistake: You will have to pay
36 percent. This rate must include, as applicable to the credit transaction
the amount in question, along with applicable Interest Charges
or account: The costs associated with credit insurance premiums; fees
and Fees. We will send you a Statement of the amount you
for ancillary products sold in connection with the credit transaction; any
owe and the date payment is due. We may then report you as
application fee charged (other than certain application fees for specifed
delinquent if you do not pay the amount we think you owe.
credit transactions or accounts); and any participation fee charged (other
than certain participation fees for a credit card account). You can call toll
If you receive our explanation but still believe your bill is wrong, you must
free to 855-225-1576 to hear the applicable required Military Lending Act
write to us within 10 days telling us that you still refuse to pay. If you do
disclosures.
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
MISCELLANEOUS PROVISIONS
we reported you as delinquent, and we must let those organizations
You also agree that:
know when the matter has been settled between us.
We may refuse to extend credit to you or anyone using your
Account or Card(s).
If we do not follow all of the rules above, you do not have to pay the first
We will not be liable or responsible for anyone's refusal to honor
$50 of the amount you question even if your bill is correct.
your Card(s).
Each Account you have with us is separate from any others you
Your Rights If You Are Dissatisfied With Your Credit Card
have with us, and Interest Charges will be charged on each
Purchases
Account's balance at the APR given with each Agreement. Each
If you are dissatisfied with the goods or services that you have
individual Account will be designated by an individual Account
Purchased with your credit card, and you have tried in good faith to
number.
correct the problem with the merchant, you may have the right not to pay
Your Card(s) are Commerce Bank property.
the remaining amount due on the Purchase.
We may change the premium enhancements offered at any time
without further notice to you.
To use this right, all of the following must be true:
3
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 credit card for the Purchase. Purchases
made with Cash Advances from an ATM or with a check that
accesses your credit card Account do not qualify.
3. You must not yet have fully paid for the Purchase.
If all of the criteria above are met and you are still dissatisfied with the
Purchase, contact us in writing at:
Commerce Bank P.O. Box 411036, Kansas City, MO 64141-1036
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.
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)
4
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, an
that is not designated by Commerce as lost, stolen, fraud transferred,
"ATM Account"). If you wish to designate one or more checking accounts
credit revoked, closed, bankrupt, charged off, or in Consumer Credit
as an ATM Account, then you must designate one of those checking
Counseling or recovery. By using these optional features, you
accounts as your Point of Sale Account as defined below. In order to
acknowledge that you have read and accepted the Commerce Bank
have ATM access to your checking accounts, you must at all times
Special Connections terms and conditions ("Special Connections
maintain a Point of Sale Account. If you no longer have a Point of Sale
Terms and Conditions") and the Commerce Bank toggle terms and
Account, then you will lose ATM access to all of your checking accounts.
conditions ("toggle R Terms and Conditions") which shall govern your use
of and rights under these optional features.
Commerce has no control over the functionalities offered at non-
Commerce ATMs. Some or all of these features may not be available at
The Special Connections Terms and Conditions and toggle Terms
all non-Commerce ATMs and some ATMs may allow you to perform
and Conditions are a separate agreement and are not part of your
other functions not mentioned here, including the ability to make
Agreement.
purchases (e.g. stamps). If at any time you use a non-Commerce ATM to
request to take money from an account that you do not have or if the
SPECIAL CONNECTIONS FEATURE
non-Commerce ATM does not prompt you to select a specific account
With this feature ("Special Connections Feature"), and as permitted
from which to take the money, then you agree that Commerce will
from time to time, you may use your Card to access Commerce Bank
attempt to comply with your request by providing you with money from
Special Connections Feature-eligible deposit accounts, credit cards,
one of your open ATM Accounts. Cash withdrawals may be taken from
lines of credit, and/or loans. You may request the Special Connections
any open deposit ATM Account owned by you and cash advances may
Feature from a Commerce Bank branch, through Commerce Bank
be taken from any credit card ATM Account owned by you.
Online Banking, or from our Customer Service Department at 1-800-645-
2103. These features are not automatically activated.
Point of Sale Transaction
You may designate one (1) checking account as your Special
For customers with a Special Connections® Visa® or Mastercard credit
Connections SM Feature at the point of sale account ("Point of Sale
card, please note: The Special Connections SM Feature is different
from
a
Account"). At merchants that have agreed to accept the Card on
Commerce Bank Special Connections Visa or Mastercard credit card.
networks utilized by us and support the Special Connections SM Feature,
The Special Connections Feature allows you to add certain functionality
you can use funds in your Point of Sale Account to pay for your
to any Commerce Bank-issued credit card, including Commerce Bank's
purchases. The use of your Card in this manner constitutes a
Special Connections Visa or Mastercard credit card. However, your
simultaneous withdrawal from and/or demand upon your checking
Special Connections Visa or Mastercard credit card is not automatically
account, even though the transaction may not actually be posted to your
enabled with the Special Connections Feature. You must proactively
account until a later date. Merchants decide how to interact with the
enroll any credit card, including your Special Connections Visa or
Special Connections Feature and the experience may vary.
Mastercard credit card, in the Special Connections Feature in order for
that card to utilize the Special Connections Feature's capabilities
Only Commerce checking accounts are eligible for this functionality and
described herein.
only one (1) Commerce Bank checking account can be designated as
the Point of Sale Account at any one time. Your Point of Sale Account
ELECTRONIC FUND TRANSFERS
shall always remain as an ATM Account. If at any time you instruct
The following provisions apply only to electronic fund transfers ("EFTs").
Commerce to remove the Point of Sale capabilities from your card, you
EFTs are any transfer of funds initiated with your Card(s) at an ATM or
will no longer have access to any of your checking accounts at the ATM.
as a debit transaction at Point of Sale. We can cancel these services at
any time and for any reason without notice. We can also cancel your
ATM and Point of Sale transactions will post to your checking account(s)
entire Account, including credit card services, and revoke your Card(s)
as detailed in your Deposit Agreement.
as provided in the CANCELLATION paragraph above. This may be done
by an ATM or merchant not returning your Card(s) to you. We may
Foreign Transaction
change the terms of this Agreement relating to EFTs without notice to
For transactions occurring outside of the United States, the nature of
you unless required by law.
which is unspecified to us, we will apply the transaction to accounts in
the following order: checking, money-market, regular savings,
Commerce Visa or Commerce Mastercard.
TELEPHONE NUMBER AND ADDRESS TO BE NOTIFIED IN EVENT
OF UNAUTHORIZED TRANSFER
Tell us AT ONCE if you believe your card has been lost or stolen, or if
Limitation on Frequency of Transfers. There are no limitations on the
you believe that an electronic fund transfer has been made without your
number of transfers that can be made during any time period to or from
permission using information from your check. Telephoning is the best
any deposit account, except as provided by federal regulations limiting
way of keeping your possible losses down. You could lose all the money
preauthorized transfers. By federal regulation, you are limited during any
in your account plus your maximum overdraft line of credit. If you tell us
statement cycle to six preauthorized transfers (three of which may be by
within 2 business days after you learn of the loss or theft of your card,
check, draft or similar order if the account is a money market-type
you can lose no more than $50 if someone used your card without your
account).
permission.
Limitation on Dollar Amount of Transfers. The balance available for
If you do NOT tell us within 2 business days after you learn of the loss or
authorizing purchases and cash withdrawals is the lesser of 1) your
theft of your card, and we can prove we could have stopped someone
available deposit account balance, plus any credit available through an
from using your card without your permission if you had told us, you
overdraft protection line of credit or through any overdraft authorized by
could lose as much as $500.
us in our sole discretion, OR 2) daily dollar limitations. For cash
advances against a Commerce Bank credit card, you may withdraw cash
Also, if your statement shows transfers that you did not make, including
up to the lesser of your credit line or daily dollar limitations. In addition,
those made by card, code or other means, tell us at once. If you do not
daily withdrawal frequency limitations may apply to cash advances.
tell us within 60 days after the statement was mailed to you, you may not
Dollar limitations may differ at ATMs other than ours.
get back any money you lost after the 60 days if we can prove that we
could have stopped someone from taking the money if you had told us in
Online Gambling. You agree that you will not use your card for any
time. If a good reason (such as a long trip or a hospital stay) kept you
purpose that has been deemed illegal. We reserve the right to deny
from telling us, we will extend the time period. By permitting another
authorization requests from online gambling merchants, whether or not
person to use the card, you authorize and are fully liable for any
online gambling is illegal in the state in which you use your card.
transactions that person initiates until that person's authority is ended.
You may only end that person's authority by notifying us.
Reservations and Merchant Authorization. Under certain
circumstances, a merchant (e.g., hotel) may require the use of a card to
If you believe your card has been lost or stolen, or that someone has
guarantee reservations that may result in a hold on the available funds in
transferred or may transfer money from your account without your
the account. If you cancel any guaranteed reservation made using the
permission, call us at 1-800-617-7480 or write to us at Commerce Bank,
card, you must obtain a cancellation number. If you fail to do so, the hold
PO Box 411036, Kansas City, MO 64141-1036. You should also call the
placed for the guaranteed reservation will not be canceled and the
number or write to the address listed above if you believe a transfer has
amount will be held against the balance in the account. This may limit
been made using the information from your check without your
your future transactions. Further, if the merchant subsequently charges
permission.
the amount of the guaranteed reservation to the account, we will not be
obligated to re-credit the account if you fail to obtain a cancellation
TYPES OF AVAILABLE TRANSFERS AND LIMITS ON TRANSFERS
number. In addition, authorizations issued for card transactions must be
Account Access. The following EFTs are only available if you request
canceled when you initiate a card transaction and subsequently use
the Special Connections Feature. Depending on the type of accounts
another form of payment for the transaction such as a credit card or
that Commerce determines from time-to-time are eligible for the Special
cash, since failure to have the authorization canceled may also result in
Connections Feature as well as which of your accounts you choose to
a hold on funds in the account and limit your future transactions.
access using the Special Connections Feature, you may use your Card
to perform the following functions where otherwise permitted:
POINT OF SALE TRANSACTIONS
The use of your card with the Special Connections SM Feature to
ATM Transaction
purchase goods and services constitutes a simultaneous withdrawal from
At the ATM, insert your Card and enter the credit card PIN that you
and/or demand upon your checking account, even though the transaction
established for this Card to (i) withdraw cash from, deposit money in,
may not actually be posted to your account until a later date. Any person
transfer funds between, or learn the balances in your checking, regular
or merchant honoring your card may be required to obtain approval or
savings or money-market accounts; (ii) use funds from your checking,
authorization for any transaction. When we approve a non-PIN
5
transaction (which may or may not require your signature), we may
If the terminal or system was not working properly and you knew
immediately reduce the available balance in your checking account by
about the breakdown when you started the transaction.
the authorization amount requested by the merchant even though we
If circumstances beyond our control (such as flood or fire) prevent
have not received the transaction electronically for payment, which may
the transfer, despite reasonable precautions that we have taken.
differ from the final posted amount.
There may be other exceptions stated in our Agreement with you.
This authorization amount will not be available until our receipt of the
ERROR RESOLUTION PROCEDURES
transaction OR no more than three business days after the transaction
In case(s) of errors or questions about your EFTs, telephone us at 1-800-
date, whichever first occurs. If funds are not available for checks, other
617-7480 or write us at Commerce Bank, PO Box 411036, Kansas City,
items or debits, you may be subject to overdraft or insufficient funds fees.
MO 64141-1036 as soon as you can, if you think your statement or
Transactions with your card will be posted to your account in the order
receipt is wrong, or if you need more information about a transfer listed
and with the same legal effect as checks or other debits drawn on your
on the statement or receipt. We must hear from you no later than 60
account. You may use your card only in the manner and for the purposes
days after we sent the FIRST deposit statement on which the problem or
authorized by this Agreement. We may recognize a transaction even if
error appeared.
we have not authorized it, but that does not mean we will authorize the
Tell us your name and account number.
same type of transaction again. You do not have the right to stop
Tell us the name of the merchant, the transaction date and the
payment on any transaction originated by use of your card with the
dollar amount of the suspected error.
Special Connections Feature, except recurring preauthorized transfers
Describe the error or the transfer you are unsure about, and explain
as described in this Agreement.
as clearly as you can why you believe it is an error or why you need
more information.
Overdrafts. You are responsible for all authorized transactions initiated
Tell us if you have already attempted to resolve the issue directly
by use of your card with the Special Connections Feature. If a negative
with the merchant.
balance (overdraft) in your checking account results from the use of the
If you tell us orally, we may require that you send your complaint or
card with the Special Connections Feature, you will pay us on demand
question in writing within 10 business days.
this negative balance and our then current charge for overdrafts. If you
have an overdraft line of credit (Checking Plus) for an account, you are
We will determine whether an error occurred within 10 business days
bound by the rules and regulations that apply to that credit privilege
after we hear from you and will correct any error promptly. If we need
(Overdraft Protection). In addition, if your checking account is closed
more time, however, we may take up to 45 calendar days to investigate
before transactions are posted, you will pay us on demand the
your complaint or question. If we decide to do this, we will credit your
outstanding amount.
deposit account within 10 business days for the amount you think is in
error so that you will have the use of the money during the time it takes
FEES
us to complete our investigation. If we ask you to put your complaint or
Fees for all EFT services are disclosed in our fee schedule. You will
question in writing and we do not receive it within 10 business days, we
receive a fee schedule at account opening. You may request a copy of
may not credit your deposit account.
our current fee schedule at any Commerce branch or by contacting 1-
800-453-2265. When you use an ATM not owned by us you may be
For errors involving new accounts, point-of-sale, or foreign-initiated
charged a fee by the ATM operator (or any network used) for a
transactions, we may take up to 90 days to investigate your complaint or
transaction or for a balance inquiry even if you do not complete a fund
question. For new accounts, we may take up to 20 business days to
transfer.
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
our investigation. If we decide that there was no error, we will send you a
Terminal Receipts. You will get a receipt at the time you make any
written explanation. You may ask for copies of documents that we used
transfer to or from your deposit account using an ATM or electronic POS
in our investigation.
terminal.
TOGGLE® FEATURE
Preauthorized Credits. If you have arranged to have direct deposits
Commerce may add toggle to any Qualified Commerce Visa or
made to your deposit account at least once every 60 days from the same
Mastercard Credit Card Account.
person or company, you can call us at 1-800-746-8704 to find out
whether or not the deposit has been made.
DEMAND DEPOSIT ACCOUNT
You may link up to two (2) demand deposit accounts (each a "DDA") to
Periodic Statement. You will get a monthly deposit statement if you
Your Qualified Commerce Credit Card Account for the use of the toggle
have a deposit account upon which checks or drafts may be drawn. You
payment feature.
will get a monthly deposit statement on your regular savings account if
there are electronic transfers during the month. In any case, you will get
If You link a Commerce DDA to Your Account, that DDA must be an
a regular savings deposit statement quarterly.
open checking account. You must have an ownership relationship to that
DDA in order to link it to Your credit card Account. Any person using the
DISCLOSURE OF ACCOUNT INFORMATION TO THIRD PARTIES
Account and/or related Card(s) with the expressed or implied permission
We will disclose information to third parties about your account or the
of any of the applicants ("Authorized Users") will have access to the
transfers you make:
linked DDA through the use of Your Account.
Where it is necessary for completing transfers. Merchants with
whom you've shared your account number may be updated with
Any DDA that has been designated by Commerce as having a
new account information to ensure the continuation of your payment
garnishment, a closed-to-posting restriction, or has been forced to close
agreement.
by Commerce, will not be eligible to link to Your Account for the purpose
In order to verify the existence and condition of your account for a
of the toggle payment feature. Small Business banking accounts will not
third party, such as a consumer reporting agency or merchant.
be eligible to link to Your Account for the purpose of the toggle payment
In order to comply with government agency or court orders.
feature.
If you give us your permission.
In accordance with our current Privacy Policy Notice.
If You link a non-Commerce DDA to Your Account, You must provide
Commerce with the account number and the routing information for that
RIGHT TO STOP PAYMENT OF PREAUTHORIZED TRANSFERS AND
financial institution. Certain transaction restrictions may apply to such
PROCEDURES FOR DOING so; RIGHT TO RECEIVE NOTICE OF
non-Commerce DDAs. Please refer to such bank's terms and conditions
VARYING AMOUNTS; AND OUR LIABILITY FOR FAILURE TO STOP
of Your DDA for applicable fees, restrictions and/or limitations of Your
PAYMENT
DDA.
If you have told us in advance to make regular payments out of your
deposit account, you can stop any of these payments. Here's how: Call
PAYMENT PREFERENCES
us at 1-800-617-7480 or write us at Commerce Bank, PO Box 411036,
"Payment Preferences" means the selection of a category, setting and/or
Kansas City, MO 64141-1036 in time for us to receive your request three
amount you choose to determine if a credit card purchase is to be paid
business days or more before the payment is scheduled to be made. If
for from your linked DDA or if it is to remain a part of your credit card
you call, we may also require you to put your request in writing and get it
balance.
to us within 14 days after your call.
PAY NOW™
Notice of Varying Amounts. If these regular payments may vary in
"Pay NowT means a credit card purchase that will be automatically
amount, the person you are going to pay will tell you, 10 days before
paid for from Your DDA according to Your Payment Preferences. Any
each payment, when it will be made and how much it will be. You may
purchase made by You or an Authorized User with Your Account, will be
choose to get this notice only when the payment would differ by more
paid for from the DDA that has been linked to Your Account, and in
than a certain amount from the previous payment, or when the amount
accordance with the Payment Preferences that have been selected by
would fall outside certain limits that you set.
the applicants of the Account.
Liability for Failure to Stop Payment of Preauthorized Transfers. If
When a toggle credit is posted to your Account, we reserve the right to
you order us to stop one of these payments three business days or more
place a temporary hold on the available credit created by the toggle
before the transfer is scheduled, and we do not do so, we will be liable
credit. toggle does not, nor is it intended to, shorten the time-frame in
for your losses or damages.
which your available credit is replenished after a payment to your
Account.
Our Liability for Failure to Make Transfers. If we do not complete a
transfer to or from your deposit account on time or in the correct amount
Purchases may take 1-2 business days to post to Your Account following
according to our Agreement with you, we will be liable for your losses or
the date of Purchase. After the Purchase has posted to Your Account, an
damages. However, there are some exceptions. We will not be liable, for
ACH may take 1-2 business days to appear as a debit on Your DDA.
instance:
If through no fault of ours, you do not have enough money in your
Payments are not applied to the required minimum payment due on Your
account to make the transfer.
Statement each month. You will still have a required minimum payment
If the transfer would go over the credit limit on your overdraft line.
due each month, which will appear on Your Statement and will be
If the ATM where you are making the transfer does not have
subject to the terms of Your cardholder agreement.
enough cash.
6
PAY LATER™
"Pay Later TM means any Purchase that is made with Your Account that
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 TM
"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
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 R 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 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
electronically through Online Banking, or by contacting us at 1-800-645-
2103. Your notice must be sent in such time and manner as to afford
Commerce Bank a reasonable opportunity to act upon the termination
(but in no event less than three business days). Commerce reserves the
right to decline or cancel toggle service at any time.
7