Commerce Bank
CARDHOLDER AGREEMENT
Member FDIC
This Agreement is for your Account with Commerce Bank, and the
PAYMENT OPTIONS
Card(s) which has/have been given to you in connection with your
You may pay the new balance shown on your Statement each month or
Account. Such Account and Card(s) provide you with credit card
you may pay in monthly installments. If you decide to pay in monthly
services and ATM Services. "You" and "your" mean any applicant for the
installments, you must pay at least the minimum payment on your
Account and any person using the Account and/or related Card(s) with
Statement. The minimum payment will be the greater of:
the expressed or implied permission of any of the applicants. Any
person whose name appears on the Account for the Card(s)
$30.00 or the full amount of your total balance if it is less than
accompanying this Agreement consents, either by using or permitting
$30.00; or
another to use the Card(s), to all provisions of this Agreement. "We",
3.00% of your new balance plus any amounts that are past due; or
"us" and "our" means Commerce Bank, our successors and assigns.
1.00% of your new balance plus any amounts that are past due,
plus Fees (excluding Balance Transfer and/or Convenience Check
In this Agreement:
Fees) and Interest Charges accumulated during the billing period.
Account is your credit card account.
Annual Fee is a fee charged on a yearly basis for your continued use of
When a payment is posted to your Account, we reserve the right to
the Account.
restrict or delay all or part of the available credit created by the payment.
APR is Annual Percentage Rate.
The restriction or delay of the available credit is for risk management or
ATM is Automated Teller Machine.
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.
Cash Advance includes:
OVERDRAFT PROTECTION
Non-Overdraft Cash Advance - advance made by means of an
If you select overdraft protection, a Cash Advance will be made to cover
electronic device or machine, or a financial institution teller, or for the
an overdraft in your designated Commerce Bank deposit account. Such
purchase of wire transfers, non-U.S. currency, travelers' checks,
Overdraft Cash Advances will be in the amount of $50.00 or multiples of
money orders, lottery tickets and casino gaming chips.
$50.00. If the designated deposit account is a joint account, you will be
Overdraft Cash Advance - advance made by means of overdraft
liable for all overdrafts on the account regardless of which joint account
protection.
owner caused, or benefited from the overdraft. Each Overdraft Cash
Balance Transfer - advance made when transferring a balance
Advance is at our discretion. We are not liable or responsible for any
from another creditor to your Account.
check drawn that may for any reason be returned or otherwise
Convenience Check - check used to make a Cash Advance on
dishonored. We may cancel this overdraft feature at any time without
notice.
your Account.
Charges are costs imposed as part of this Agreement and include both
BALANCE ON WHICH INTEREST CHARGE IS CALCULATED
interest and fees.
Daily Balance is determined, for each day in the billing cycle, by taking
If you accrue any Interest Charge on your Account at a variable rate, that
the beginning balance, adding any new transactions or other debits, and
rate will be calculated by adding a margin to the Prime Rate. Please see
subtracting any payments or other credits.
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 a 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
Participation Fee is a fee charged for added service or functionality on
Daily Balance by the Daily Periodic Rate to get your Interest Charges for
your Account.
that day. We add these Interest Charges to your Daily Balance to get
PIN is Personal Identification Number.
the beginning balance for the next day. We do this for all days on which
Prime Rate is the U.S. Prime Rate published in The Wall Street Journal
you have a balance owing on the Account, disregarding any credit
in its column called "Money Rates" on the last Business Day of each
balance, for the billing cycle.
month.
Promotional Balance is the balance subject to the Promotional Rate.
We add all the daily Interest Charges and round the sum to the next
Balances subject to Introductory Rates are included.
highest cent to get your total Interest Charges for that billing cycle. We
Promotional Rate is a rate other than the standard rate, tied to a special
do this calculation separately for each type of balance.
offering. A Promotional Rate offered when you open your Account may
be called an Introductory Rate.
The Prime Rate used to determine the APR on your Account is the U.S.
Purchase means purchase of merchandise or services on the Account
Prime Rate published in The Wall Street Journal in its column called
plus related Charges and does not include any type of Cash Advance,
"Money Rates" on the last Business Day of each month. Although each
Cash Advance Transaction Fees or Cash Advance Interest Charges.
Daily Periodic Rate is determined by an index published prior to the first
Statement is your billing statement.
day of each calendar month, the respective Daily Periodic Rate will only
become effective and charged as of the first day of the monthly billing
period following the respective calendar month in which the index is so
CREDIT CARD SERVICES
published. No representation is made that the U.S. Prime Rate is the
The following provisions relate only to credit card services except as
lowest, the best or the favored rate of interest. If for any reason The Wall
otherwise applicable.
Street Journal no longer publishes the "Money Rates" column, then we
will choose a new index based on comparable information. An increase
ACCOUNT DESCRIPTION
in the Prime Rate will cause your interest rate to increase and may cause
We will grant you a line of credit with a maximum dollar limit as
your minimum monthly payment to increase.
determined by us. This limit will be indicated on your Statement.
Subject to the terms of this Agreement, you may use your Account to
INTEREST CHARGE COMPUTATION
make Purchases and obtain Cash Advances, including Balance
ON PURCHASES: Interest Charges on Purchases begin to accrue
Transfers and Convenience Checks, that do not exceed your credit limit
on the transaction date, provided such date will never be later than
at any time. Should your Purchases, and/or Cash Advances ever
the date the Purchase is posted to the Account or earlier than the
exceed your credit limit, we reserve the right to terminate this Agreement
first day of the billing cycle for the Statement on which such
and demand the return of your Card(s). We can increase or decrease
transaction is shown. Purchases are subject to a Grace Period. If
your credit limit at any time without prior notice or liability. A change to
the previous balance is zero, or was paid in full by the payment due
your credit limit will not affect your obligation to pay us.
date shown on your Statement, no Interest Charge will be assessed
on current Purchases.
We may decline, at any time in our sole discretion, an authorization
request for any transaction for any reason, included but not limited to:
ON CASH ADVANCES: Interest Charges begin to accrue on the
operational considerations,
date of the Cash Advance, provided such date will never be later
your Account is in default,
than the date the Cash Advance is posted to the Account or earlier
we suspect fraudulent or unlawful activity
than the first day of the billing cycle for the Statement on which such
We are not responsible for any losses or damages, including
advance is shown.
consequential damages, if a transaction on your Account is declined,
either by us or a third party, even if you have sufficient credit available.
TOTAL INTEREST CHARGE COMPUTATION
We add Interest Charges for each type of balance to obtain your total
PROMISE TO PAY
Interest Charge for each billing cycle.
You promise to pay for all Purchases and Cash Advances, including
Balance Transfers and Convenience Checks, made by you through the
PENALTY RATE AND WHEN IT APPLIES
use of the Account. In addition, you promise to pay all other amounts
If at any time we have not received the required minimum monthly
owed due to use of the Account by anyone else you authorize to use the
payment within 60 days of the respective payment due date, we may
Account until such person's authority is ended. You may only end such
increase the applicable APR to the Penalty Rate. Please see the
person's authority by notifying us in writing and returning to us any Card
ACCOUNT OPENING DISCLOSURE for information regarding the
such person may have. All of you are responsible, both together and
Penalty Rate for your Account. The Account may be eligible for your
individually, for the entire Account balance even though only one of you
standard Daily Periodic Rates and corresponding APR for each type of
uses the Account.
balance after you have met the terms of this Agreement for six
consecutive billing cycles after the monthly Statement on which the
BILLING STATEMENTS
Penalty APR first appears. Otherwise, the Penalty Rate may apply
You will receive a Statement periodically (normally monthly). Your
indefinitely.
payment is due within 25 days from the date of the Statement (payment
due date).
1
TERMINATION OF INTRODUCTORY OR PROMOTIONAL RATES
billed on your Account as Purchases in accordance with the fee schedule
If during an Introductory or Promotional Rate period, we have not
established by us from time to time. No charge will be made for copy
received the required minimum monthly payment within 60 days of the
requests related to billing error resolution within 60 days of the disputed
respective payment due date, we will increase the applicable APR to the
transaction.
Penalty APR. Introductory and/or Promotional Rates will not be
reinstated.
TOTAL FEE COMPUTATION
We add all Fees assessed to obtain your total Fees for each billing cycle
FEES
(excluding Balance Transfer and/or Convenience Check Fees). We will
assess Balance Transfer Fees and/or Convenience Check Fees to your
Transaction, Annual and Penalty Fees:
Account in the same balance category to which the transaction is posted.
Please see the ACCOUNT OPENING DISCLOSURE for information
regarding the specific Fees that may be charged to your Account.
CANCELLATION
To the extent permitted by law, Commerce Bank may cancel your
Minimum Interest Charge
Account, refuse to allow further transactions against your Account or
A minimum Interest Charge will be imposed in any billing cycle for which
revoke your Card(s) at any time (whether or not you are in default of any
an Interest Charge is payable, and will appear on your Statement as a
part of this Agreement) including, without limitation, when any affiliation
Fee.
you may have with a sponsoring organization ceases or when any
agreement we may have with the sponsoring organization is terminated.
Balance Transfer Or Convenience Check Transaction Fee
Cancellation of your Account will not affect your liability to us for credit
You will be charged a Transaction Fee, with a minimum and no
we have extended to you, including amounts not yet billed to your
maximum, for each Balance Transfer and/or Convenience Check posted
Account. We may cancel your Account without prior notice or liability.
to your Account.
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.
Non Overdraft Cash Advance Transaction Fee
You will be charged a Transaction Fee, with a minimum and no
CONDITIONS OF DEFAULT
maximum, for each Cash Advance posted to your Account.
We may consider you to be in default if we do not receive a required
payment when due, including the minimum payment by the date shown
Overdraft Cash Advance Transaction Fee
on your Statement; you fail to comply with the terms of this Agreement;
You will be charged a Transaction Fee for each Cash Advance resulting
you make any false or misleading statements or omissions on your
from the overdraft protection.
application; you file a bankruptcy petition or have one filed against you;
we obtain information that causes us to believe that you may be unwilling
Annual Fee
or unable to pay your debts to us or to others on time including, but not
Your Account may have a Fee that will be added annually to your
limited to, your failure to make any payment to us on any other
Account (Annual Fee). Please see the ACCOUNT OPENING
indebtedness or loan; you are declared incompetent by a court or a court
DISCLOSURE for information regarding the specific fee, if any, for
appoints a guardian/ conservator for you or your assets; you die.
your Account.
The imposition or payment of an Annual Fee does not affect or limit our
If we consider your Account to be in default, we may close your account
right to terminate this Agreement, cancel your Account, and demand
without notice and require you to pay the balance in a manner permitted
payment, in a manner permitted by law, of any amounts owed on your
by law (subject to applicable law regarding notice or right to cure). To
Account.
the extent permitted by law, if you are in default you will pay our
collections costs, attorneys fees, court costs, and all other expenses of
Foreign Transactions
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 related
ALLOCATION OF PAYMENTS
to foreign transaction.
We will allocate your minimum payment in the manner we determine.
We will apply the amount in excess of the minimum payment to balances
Visa and MasterCard Purchases, cash withdrawals and Cash Advances
with higher APRs before balances with lower APRs.
made in currencies other than U.S. Dollars will be converted to U.S.
Dollars under regulations established by VISA International and
RECEIPT OF PAYMENTS
Payments received before 5 PM CT at the address shown on your
MasterCard International. Visa conversion will be at a rate selected by
Statement on any of our regular Business Days will be posted as of the
Visa from the range of rates available in wholesale currency markets for
date of receipt. Payments made in person before the close of business
the applicable central processing date, which may vary from the rate
to an employee at a Commerce branch will be posted as of date of
Visa itself receives or the government-mandated rate in effect for the
receipt. Payments mailed to the address shown or made in person at a
applicable central processing date. MasterCard conversion will be at
a
branch must be accompanied by the Account number or payment stub,
rate selected by MasterCard, typically either a government-mandated
and in the form of a check or money order in U. S. Dollars drawn on a U.
rate or a wholesale rate provided to MasterCard. Conversion to U.S.
S. financial institution. Do not send cash through the mail. A delay in
dollars may occur on a date other than the date of the transaction.
crediting the payment to your Account may occur if the payment does not
Therefore, the conversion rate may be different from the rate in effect at
meet these requirements for making payments (conforming
the time of the transaction. You agree to pay the converted amount plus
payments). In no case shall such delay exceed five days from receipt of
the applicable foreign transaction fee. For Purchases, cash withdrawals,
such payment.
and Cash Advances made in U.S. dollars outside of the United States
and its territories, you agree to pay the transaction amount, plus the
The cutoff time for payments made on any of our regular Business Days
applicable foreign transaction fee.
through Commerce as transfers from your Commerce deposit account
are as follows: Commerce ATM, 7:00 PM CT; Commerce Online
Late Payment Fee
Banking, including Mobile Banking, 7:00 PM CT; Commerce Account
For each payment not received by the payment due date, we may
Information Line, 7:00 PM CT; Commerce BankCards Online, 11:00 PM
charge a Late Payment Fee. The first time you are late making the
CT; Commerce Collections Department, 11:00 PM CT. A payment made
required minimum monthly payment ("First Occurrence"), a $27 Late
through Commerce Online Bill Pay will be posted on the Pay Date.
Payment Fee may be imposed. After the First Occurrence, if you make a
late payment at anytime during the next six billing cycles ("Second
Conforming payments received after the respective cutoff time will be
Occurrence"), a $37 Late Payment Fee may be imposed. After the
posted no later than the next Business Day. Payments made by a third-
Second Occurrence, any subsequent late payment during the next six
party payor, will be posted as of the date we receive the payment.
billing cycles will also incur a $37 Late Payment Fee. At no time will the
Late Payment Fee exceed the amount of the required minimum monthly
When the due date falls on a weekend or holiday, your payment due
payment.
date will be on the next Business Day.
Overlimit Fee
We may accept late payments, partial payments or checks and money
In the event your balance exceeds your credit limit, no Fee will be
orders (or accompanying written communication) containing a statement
charged.
to the effect that the instrument was tendered as "payment in full," full
satisfaction of a disputed claim or other similar language without losing
Other Fees
any rights under this Agreement or under the law. All such payments or
written communications must be mailed to: Commerce Bank, P.O. Box
Returned Payment Fee
410857, Kansas City, MO 64141-1857.
No Fee will be charged for any check or other form of payment sent to us
which is returned unpaid.
CHANGE OF TERMS
Provided the Account is meeting the terms of this Agreement: (1) We
Returned Item Fee
will not increase an Introductory APR during any Introductory Rate
If we decline to honor a Convenience Check or when payment of a
period; and (2) We will not increase any APR, Annual Fee or minimum
Convenience Check is stopped at your request, we may charge a
Interest Charge for 12 months following account opening, except for
Returned Item Fee. The first time we decline to honor a Convenience
increases due to the expiration of an Introductory or Promotional Rate
Check or when payment of a Convenience Check is stopped at your
period, if any; changes in the Prime Rate; completion or failure of a
request ("First Occurrence"), a $27 Returned Item Fee may be imposed.
temporary hardship arrangement; application of a Penalty Rate; or the
After the First Occurrence, if we decline a Convenience Check or you
end of military service to which the provisions of the Servicemembers
request stop payment of a Convenience Check at anytime during the
Civil Relief Act (SCRA) apply. ("Exceptions"). Otherwise, we may
next six billing cycles ("Second Occurrence"), a $37 Returned Item Fee
change the terms of the Agreement at any time, after notice and the right
may be imposed. After the Second Occurrence, any subsequent
to reject if required by law. Changes in any APR, other than the stated
declined Convenience Check or stop payment of a Convenience Check
Exceptions, Annual Fee or minimum Interest Charge will apply to new
during the next six billing cycles will also incur a $37 Returned Item Fee.
transactions created after the end of the 14th day following our providing
At no time will the Returned Item Fee exceed the amount of the
notice to you. If you reject a change, your Account will be cancelled
Convenience Check.
and you will no longer be able to use the Account.
Cancellation of your Account will not affect your liability to us for credit
Convenience Checks and Document Copy Charges
we have extended to you, including amounts not yet billed to your
Charges for Convenience Checks and requests for copies of sales
Account.
drafts, Statements or other documents related to your Account may be
2
You must notify us of any potential errors in writing. You may call us, but
ELECTRONIC RECORDS
if you do we are not required to investigate any potential errors and you
You agree that this document and all paper records related to your
may have to pay the amount in question.
Account and whether or not the other paper records were submitted,
received or obtained in advance of, contemporaneously with or
What Will Happen After We Receive Your Letter
subsequent to, the delivery of this document may, at the option of
Commerce Bank, be converted by any digital or electronic method or
When we receive your letter, we must do two things:
process to an electronic record or subsequently further converted or
1. Within 30 days of receiving your letter, we must tell you that we
migrated to another electronic record format or electronic storage
received your letter. We will also tell you if we have already corrected the
medium. You further agree that upon conversion to an electronic record
error.
as authorized herein such electronic record shall be the record of the
transaction and the electronic record shall have the same legal force and
2. Within 90 days of receiving your letter, we must either correct the error
effect as the paper documents from which it was converted. You waive
or explain to you why we believe the bill is correct.
any legal requirement that any documents digitally or electronically
converted be embodied, stored, or reproduced in a tangible media. You
While we investigate whether or not there has been an error:
undersigned and agree that a printed or digitally reproduced copy of the
We cannot try to collect the amount in question, or report you
electronic record shall be given the same legal force and effect as a
as delinquent on that amount.
signed writing. In addition, you authorize and agree to destruction of the
The charge in question may remain on your Statement, and
paper documents by Commerce Bank upon conversion of the paper
we may continue to charge you interest on that amount.
documents to a digital or electronic record.
While you do not have to pay the amount in question, you are
responsible for the remainder of your balance.
PERMISSION TO CONTACT
We can apply any unpaid amount against your credit limit.
You agree, in order for us to service your account or to collect any
After we finish our investigation, one of two things will happen:
amounts you may owe, we may contact you by telephone at any
If we made a mistake: You will not have to pay the amount in
telephone number associated with your account, including wireless
question or any Interest Charges or other Fees related to that
telephone numbers, which could result in charges to you. We may also
amount.
contact you by sending text messages or emails, using any telephone
number or email address you provide to us. You consent and
If we do not believe there was a mistake: You will have to pay
acknowledge that methods of contact may include using pre-
the amount in question, along with applicable Interest Charges
recorded/artificial voice message and/or use of an automatic dialing
and Fees. We will send you a Statement of the amount you
device, as applicable. You further consent and agree that our personnel
owe and the date payment is due. We may then report you as
may listen to and/or record phone calls between you and our
delinquent if you do not pay the amount we think you owe.
representatives without additional notice to you, including but not limited
to calls we make to service your account or collect debt(s).
If you receive our explanation but still believe your bill is wrong, you must
write to us within 10 days telling us that you still refuse to pay. If you do
MISCELLANEOUS PROVISIONS
so, we cannot report you as delinquent without also reporting that you
You also agree that:
are questioning your bill. We must tell you the name of anyone to whom
We may refuse to extend credit to you or anyone using your
we reported you as delinquent, and we must let those organizations
Account or Card(s).
know when the matter has been settled between us.
We will not be liable or responsible for anyone's refusal to honor
your Card(s).
If we do not follow all of the rules above, you do not have to pay the first
Each Account you have with us is separate from any others you
$50 of the amount you question even if your bill is correct.
have with us, and Interest Charges will be charged on each
Account's balance at the APR given with each Cardholder
Your Rights If You Are Dissatisfied With Your Credit Card
Agreement. Each individual Account will be designated by an
Purchases
individual Account number.
Your Card(s) are Commerce Bank property.
If you are dissatisfied with the goods or services that you have
We may change the premium enhancements offered at any time
Purchased with your credit card, and you have tried in good faith to
without further notice to you.
correct the problem with the merchant, you may have the right not to pay
Merchants with whom you've shared your Account number may be
the remaining amount due on the Purchase.
updated with new Account information to ensure the continuation of
your payment agreement.
To use this right, all of the following must be true:
You will not use your Card(s) for any purpose that has been
deemed illegal. We reserve the right to deny authorization requests
1. The Purchase must have been made in your home state or within
from online gambling merchants, whether or not online gambling is
100 miles of your current mailing address, and the purchase price
illegal in the state in which you reside.
must have been more than $50. (Note: Neither of these are
Commerce Bank may share your Account experience and
necessary if your Purchase was based on an advertisement we
transaction information with its Affiliates, which are members
mailed to you, or if we own the company that sold you the goods or
of the Commerce Corporate family as defined in your Privacy
services.)
Policy Notice. Unless you call 1-800-543-4845, you agree that
Commerce Bank and its Affiliates may also share other
2. You must have used your credit card for the Purchase. Purchases
information about you or your Account.
made with Cash Advances from an ATM or with a check that
You must notify us immediately at Commerce Bank, P.O. Box
accesses your credit card Account do not qualify.
411036, Kansas City, MO 64141-1036, if you believe any
information we reported to a credit reporting agency is inaccurate.
3. You must not yet have fully paid for the Purchase.
SECURITY INTEREST
If all of the criteria above are met and you are still dissatisfied with the
Collateral securing other loans with us may also secure this
Purchase, contact us in writing at:
indebtedness.
Commerce Bank P.O. Box 411036, Kansas City, MO 64141-1036
CHANGES IN ADDRESS
You agree to notify us immediately if you change your address.
While we investigate, the same rules apply to the disputed amount as
discussed above. After we finish our investigation, we will tell you our
INTERPRETATION
decision. At that point, if we think you owe an amount and you do not
The Agreement shall be governed by applicable federal law and
pay, we may report you as delinquent.
regulations. To the extent not preempted by applicable federal law, this
Agreement shall be governed by the laws of the state of Missouri, but
LIABILITY FOR UNAUTHORIZED USE
Commerce Bank will rely on the provisions of Nebraska law with respect
If your name appears on the Account for the Card(s) accompanying this
to the fees and charges (other than interest) that apply to your Account,
Agreement, then by using or permitting another to use the Card(s) and/or
as authorized by Missouri Revised Statutes Section 408.145.
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
Your Billing Rights: Keep this Document for Future Use
use that occurs after you notify Commerce Bank orally or in writing.
This notice tells you about your rights and our responsibilities
Notification of loss, theft or possible unauthorized use may be mailed to
under the Fair Credit Billing Act.
Commerce Bank, P.O. Box 411036, Kansas City, MO 64141-1036, or
you may call 1-800-645-2103.
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:
Commerce Bank P.O. Box 411036, Kansas City, MO 64141-1036
You may also send us this information via fax at 1-816-234-2811
If you have any questions regarding this Agreement, or our current fee
schedule, write to us at Commerce Bank, P.O. Box 411036, Kansas
In your letter, give us the following information:
City, MO 64141-1036, or call us at 1-800-645-2103.
Account information: Your name and Account number.
Dollar amount: The dollar amount of the suspected error.
Description of problem: If you think there is an error on your
bill, describe what you believe is wrong and why you believe it
is a mistake.
You must contact us:
Within 60 days after the error appeared on your Statement.
At least 3 Business Days before an automated payment is
scheduled, if you want to stop payment on the amount you
think is wrong.
3
Commerce Bank
OPTIONAL FEATURES
Member FDIC
Commerce Bank credit cards may come with optional credit card
payment features, including Special Connections SM and toggle The
ATM Transaction
Special Connections and toggle features are offered at the sole
At the ATM, insert your Card and enter the credit card PIN that you
discretion of Commerce Bank ("Commerce") to Accountholders ("You" or
established for this Card to (i) withdraw cash from, deposit money in,
"Your") that have Qualified Commerce Bank Credit Card Accounts. A
transfer funds between, or learn the balances in your checking, regular
"Qualified Commerce Credit Card Account" means any open Account
savings or money-market accounts; (ii) use funds from your checking,
that is not designated by Commerce as lost, stolen, fraud transferred,
regular savings, and money-market accounts to make payments on your
credit revoked, closed, bankrupt, charged off, or in Consumer Credit
Commerce credit cards, lines of credit or loans or (iii) take cash
Counseling or recovery. By using these optional features, you
advances on your Commerce credit cards.
acknowledge that you have read and accepted the Commerce Bank
Special Connections Terms and Conditions and the Commerce Bank
The account(s) you designate for ATM accessibility will be considered
SM
toggle Terms and Conditions which shall govern your use of and rights
your Special Connections Feature at the ATM Account(s) ("ATM
under these optional features.
Account"). If you wish to designate one or more checking accounts as
an ATM Account, then you must designate one of those checking
The Special Connections SM and toggle Terms and Conditions are a
accounts as your Point of Sale Account as defined below. In order to
separate agreement and are not part of your cardholder agreement.
have ATM access to your checking accounts, you must at all times
maintain a Point of Sale Account. If you no longer have a Point of Sale
SPECIAL CONNECTIONS FEATURE
Account, then you will lose ATM access to all of your checking accounts.
With the Special Connections Feature, and as permitted from time to
Commerce has no control over the functionalities offered at non-
time, you may use your Card to access Commerce Bank Special
Connections Feature-eligible deposit accounts, credit cards, lines of
Commerce ATMs. Some or all of these features may not be available at
credit, and/or loans. You may request the Special Connections Feature
all non-Commerce ATMs and some ATMs may allow you to perform
from a Commerce Bank branch, through Commerce Bank Online
other functions not mentioned here, including the ability to make
Banking, or from our Customer Service Department at 1-800-645-2103.
purchases (e.g. stamps). If at any time you use a non-Commerce ATM
These features are not automatically activated.
to request to take money from an account that you do not have or if the
non-Commerce ATM does not prompt you to select a specific account
For customers with a Special Connections Visa or MasterCard credit
from which to take the money, then you agree that Commerce will
card, please note: The Special Connections Feature is different from
SM
attempt to comply with your request by providing you with money from
a
Commerce Bank Special Connections Visa or MasterCard credit card.
one of your open ATM Accounts. Cash withdrawals may be taken from
The Special Connections Feature allows you to add certain functionality
any open deposit ATM Account owned by you and cash advances may
to any Commerce Bank-issued credit card, including Commerce Bank's
be taken from any credit card ATM Account owned by you.
Special Connections Visa or MasterCard credit card. However, your
Point of Sale Transaction
Special Connections Visa or MasterCard credit card is not automatically
enabled with the Special Connections Feature. You must proactively
You may designate one (1) checking account as your Special
SM
enroll any credit card, including your Special Connections Visa or
Connections Feature at the Point of Sale Account ("Point of Sale
MasterCard credit card, in the Special Connections Feature in order for
Account"). At merchants that have agreed to accept the Card on
that card to utilize the Special Connections Feature's capabilities
networks utilized by us, you can use funds in your Point of Sale Account
described herein.
to pay for your purchases. The use of your Card in this manner
constitutes a simultaneous withdrawal from and/or demand upon your
ELECTRONIC FUND TRANSFERS
checking account, even though the transaction may not actually be
The following provisions apply only to Electronic Fund Transfers
posted to your account until a later date.
("EFTs"). EFTs are any transfer of funds initiated with your Card(s) at an
ATM or as a debit transaction at Point of Sale. We can cancel these
Only Commerce checking accounts are eligible for this functionality and
services at any time and for any reason without notice. We can also
only one (1) Commerce Bank checking account can be designated as
cancel your entire Account, including credit card services, and revoke
the Point of Sale Account at any one time. Your Point of Sale Account
your Card(s) as provided in the CANCELLATION paragraph above. This
shall always remain as an ATM Account. If at any time you instruct
may be done by an ATM or merchant not returning your Card(s) to you.
Commerce to remove the Point of Sale capabilities from your card, you
We may change the terms of this Agreement relating to EFTs without
will no longer have access to any of your checking accounts at the ATM.
notice to you unless required by law.
ATM and Point of Sale transactions will post to your checking account(s)
as detailed in your Deposit Agreement.
TELEPHONE NUMBER AND ADDRESS TO BE NOTIFIED IN EVENT
OF UNAUTHORIZED TRANSFER
Foreign Transaction
Tell us AT ONCE if you believe your card has been lost or stolen, or if
For transactions occurring outside of the United States, the nature of
you believe that an electronic fund transfer has been made without your
which is unspecified to us, we will apply the transaction to accounts in
permission using information from your check. Telephoning is the best
the following order: checking, money-market, regular savings,
way of keeping your possible losses down. You could lose all the money
Commerce Visa or Commerce MasterCard.
in your account plus your maximum overdraft line of credit. If you tell us
within 2 business days after you learn of the loss or theft of your card,
you can lose no more than $50 if someone used your card without your
Limitation on Frequency of Transfers. There are no limitations on the
permission.
number of transfers that can be made during any time period to or from
any deposit account, except as provided by federal regulations limiting
If you do NOT tell us within 2 business days after you learn of the loss or
preauthorized transfers. By federal regulation, you are limited during any
theft of your card, and we can prove we could have stopped someone
statement cycle to six preauthorized transfers (three of which may be by
from using your card without your permission if you had told us, you
check, draft or similar order if the account is a money market-type
could lose as much as $500.
account).
Limitation on Dollar Amount of Transfers. The balance available for
Also, if your statement shows transfers that you did not make, including
those made by card, code or other means, tell us at once. If you do not
authorizing purchases and cash withdrawals is the lesser of 1) your
tell us within 60 days after the statement was mailed to you, you may not
available deposit account balance, plus any credit available through an
get back any money you lost after the 60 days if we can prove that we
overdraft protection line of credit or through any overdraft authorized by
could have stopped someone from taking the money if you had told us in
us in our sole discretion, OR 2) daily dollar limitations. For cash
time. If a good reason (such as a long trip or a hospital stay) kept you
advances against a Commerce Bank credit card, you may withdraw cash
from telling us, we will extend the time period. By permitting another
up to the lesser of your credit line or daily dollar limitations. In addition,
person to use the card, you authorize and are fully liable for any
daily withdrawal frequency limitations may apply to cash advances.
transactions that person initiates until that person's authority is ended.
Dollar limitations may differ at ATMs other than ours.
You may only end that person's authority by notifying us.
Online Gambling. You agree that you will not use your card for any
If you believe your card has been lost or stolen, or that someone has
purpose that has been deemed illegal. We reserve the right to deny
transferred or may transfer money from your account without your
authorization requests from online gambling merchants, whether or not
permission, call us at 1-800-617-7480 or write to us at Commerce Bank,
online gambling is illegal in the state in which you use your card.
PO Box 411036, Kansas City, MO 64141-1036. You should also call the
Reservations and Merchant Authorization. Under certain
number or write to the address listed above if you believe a transfer has
been made using the information from your check without your
circumstances, a merchant (e.g., hotel) may require the use of a card to
permission.
guarantee reservations that may result in a hold on the available funds in
the account. If you cancel any guaranteed reservation made using the
BUSINESS DAY
card, you must obtain a cancellation number. If you fail to do so, the hold
Our business days are Monday through Friday. Federal Reserve
placed for the guaranteed reservation will not be canceled and the
holidays are not included.
amount will be held against the balance in the account. This may limit
your future transactions. Further, if the merchant subsequently charges
TYPES OF AVAILABLE TRANSFERS AND LIMITS ON TRANSFERS
the amount of the guaranteed reservation to the account, we will not be
Account Access. The following EFTs are only available if you request
obligated to re-credit the account if you fail to obtain a cancellation
the Special Connections Feature. Depending on the type of accounts
number. In addition, authorizations issued for card transactions must be
that Commerce determines from time-to-time are eligible for the Special
canceled when you initiate a card transaction and subsequently use
Connections Feature as well as which of your accounts you choose to
another form of payment for the transaction such as a credit card or
access using the Special Connections Feature, you may use your Card
cash, since failure to have the authorization canceled may also result in
to perform the following functions where otherwise permitted:
a hold on funds in the account and limit your future transactions.
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POINT OF SALE TRANSACTIONS
damages. However, there are some exceptions. We will not be liable, for
The use of your card with the Special Connections SM Feature to
instance:
purchase goods and services constitutes a simultaneous withdrawal from
If through no fault of ours, you do not have enough money in your
and/or demand upon your checking account, even though the transaction
account to make the transfer.
may not actually be posted to your account until a later date. Any person
If the transfer would go over the credit limit on your overdraft line.
or merchant honoring your card may be required to obtain approval or
If the ATM where you are making the transfer does not have
authorization for any transaction. When we approve a non-PIN
enough cash.
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
SM
dollar amount of the suspected error.
Special Connections Feature, except recurring preauthorized transfers
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
more information.
Overdrafts. You are responsible for all authorized transactions initiated
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
If you tell us orally, we may require that you send your complaint or
this negative balance and our then current charge for overdrafts. If you
question in writing within 10 business days.
have an overdraft line of credit (Checking Plus) for an account, you are
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 Electronic Fund Transfer services are disclosed in our fee
us to complete our investigation. If we ask you to put your complaint or
schedule. You will receive a fee schedule at account opening. You may
question in writing and we do not receive it within 10 business days, we
request a copy of our current fee schedule at any Commerce branch or
may not credit your deposit account.
by contacting 1-800-453-2265. When you use an ATM not owned by us
you may be charged a fee by the ATM operator (or any network used) for
For errors involving new accounts, point-of-sale, or foreign-initiated
a 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
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
Periodic Statement. You will get a monthly deposit statement if you
You may link up to two (2) DDAs to Your Qualified Commerce Credit
have a deposit account upon which checks or drafts may be drawn. You
Card Account for the use of the toggle 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
of the toggle payment feature. Small Business banking accounts will not
In order to verify the existence and condition of your account for a
third party, such as a consumer reporting agency or merchant.
be eligible to link to Your Account for the purpose of the toggle payment
feature.
In order to comply with government agency or court orders.
If you give us your permission.
If You link a non-Commerce DDA to Your Account, You must provide
In accordance with our current Privacy Policy Notice.
Commerce with the account number and the routing information for that
financial institution. Certain transaction restrictions may apply to such
RIGHT TO STOP PAYMENT OF PREAUTHORIZED TRANSFERS AND
non-Commerce DDAs. Please refer to such bank's terms and conditions
PROCEDURES FOR DOING so; RIGHT TO RECEIVE NOTICE OF
of Your DDA for applicable fees, restrictions and/or limitations of Your
VARYING AMOUNTS; AND OUR LIABILITY FOR FAILURE TO STOP
DDA.
PAYMENT
If you have told us in advance to make regular payments out of your
PAYMENT PREFERENCES
deposit account, you can stop any of these payments. Here's how: Call
"Payment Preferences" means the selection of a category, setting and/or
us at 1-800-617-7480 or write us at Commerce Bank, PO Box 411036,
amount you choose to determine if a credit card purchase is to be paid
Kansas City, MO 64141-1036 in time for us to receive your request three
for from your linked DDA or if it is to remain a part of your credit card
business days or more before the payment is scheduled to be made. If
balance.
you call, we may also require you to put your request in writing and get it
to us within 14 days after your call.
PAY NOW™
"Pay Now™ means a credit card purchase that will be automatically
Notice of Varying Amounts. If these regular payments may vary in
paid for from Your DDA according to Your Payment Preferences. Any
amount, the person you are going to pay will tell you, 10 days before
purchase made by You or an Authorized User with Your Account, will be
each payment, when it will be made and how much it will be. You may
paid for from the DDA that has been linked to Your Account, and in
choose to get this notice only when the payment would differ by more
accordance with the Payment Preferences that have been selected by
than a certain amount from the previous payment, or when the amount
the applicants of the Account.
would fall outside certain limits that you set.
When a toggle' credit is posted to your Account, we reserve the right to
Liability for Failure to Stop Payment of Preauthorized Transfers. If
place a temporary hold on the available credit created by the toggle
you order us to stop one of these payments three business days or more
credit. Toggle does not, nor is it intended to, shorten the time-frame in
before the transfer is scheduled, and we do not do so, we will be liable
which your available credit is replenished after a payment to your
for your losses or damages.
Account.
Our Liability for Failure to Make Transfers. If we do not complete a
Purchases may take 1-2 business days to post to Your Account following
transfer to or from your deposit account on time or in the correct amount
the date of Purchase. After the Purchase has posted to Your Account, an
according to our Agreement with you, we will be liable for your losses or
ACH may take 1-2 business days to appear as a debit on Your DDA.
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Payments are not applied to the required minimum payment due on Your
This authorization is to remain in effect until Commerce has received
Statement each month. You will still have a required minimum payment
electronic notice of termination from You. You may terminate toggle
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™
(but in no event less than three business days). Commerce reserves the
"Pay Later TM" 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 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 Cardholder
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 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 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 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 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.
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