Commerce Bank
CARDHOLDER AGREEMENT
Member FDIC
This Agreement is for your Account with Commerce Bank, and the
We are not responsible for any losses or damages, including
Card(s) which has/have been given to you in connection with your
consequential damages, if a transaction on your Account is declined,
Account. Such Account and Card(s) provide you with credit card
either by us or a third party, even if you have sufficient credit available.
services and ATM Services. "You" and "your" mean any applicant for the
Account and any person using the Account and/or related Card(s) with
PROMISE TO PAY
the expressed or implied permission of any of the applicants. Any
You promise to pay for all Purchases and Cash Advances, including
person whose name appears on the Account for the Card(s)
Balance Transfers and Convenience Checks, made by you through the
accompanying this Agreement consents, either by using or permitting
use of the Account. In addition, you promise to pay all other amounts
another to use the Card(s), to all provisions of this Agreement. "We",
owed due to use of the Account by anyone else you authorize to use the
"us" and "our" means Commerce Bank, our successors and assigns.
Account until such person's authority is ended. You may only end such
person's authority by notifying us in writing and returning to us any Card
In this Agreement:
such person may have. All of you are responsible, both together and
Account is your credit card account.
individually, for the entire Account balance even though only one of you
Annual Fee is a fee charged on a yearly basis for your continued use of
uses the Account.
the Account.
APR is Annual Percentage Rate.
BILLING STATEMENTS
ATM is Automated Teller Machine.
You will receive a Statement periodically (normally monthly). Your
Business Days are Monday through Friday. Federal holidays are not
payment is due within 25 days from the date of the Statement (payment
included.
due date).
Card is the credit card(s) given to you in connection with your Account.
PAYMENT OPTIONS
Cash Advance includes:
You may pay the new balance shown on your Statement each month or
Non-Overdraft Cash Advance - advance made by means of an
you may pay in monthly installments. If you decide to pay in monthly
electronic device or machine, or a financial institution teller, or for the
installments, you must pay at least the minimum payment on your
purchase of wire transfers, non-U.S. currency, travelers' checks,
Statement. The minimum payment includes any amount that exceeds
money orders, lottery tickets and casino gaming chips.
your Revolving Credit Line plus the greater of:
Overdraft Cash Advance - advance made by means of overdraft
protection.
Balance Transfer - advance made when transferring a balance
$30.00 or the full amount of your total balance if it is less than
$30.00; or
from another creditor to your Account.
Convenience Check - check used to make a Cash Advance on
1.00% of your new balance (or your Revolving Credit Line if your
your Account.
new balance exceeds your Revolving Credit Line) plus any
Cash Limit is the maximum dollar amount of your Revolving Credit Line
amounts that are past due, plus Fees (excluding Balance Transfer
available for Non-Overdraft Cash Advances.
and/or Convenience Check Fees) and Interest Charges
Charges are costs imposed as part of this Agreement and include both
accumulated during the billing period.
interest and fees.
Daily Balance is determined, for each day in the billing cycle, by taking
When a payment is posted to your Account, we reserve the right to
the beginning balance, adding any new transactions or other debits, and
restrict or delay all or part of the available credit created by the payment.
subtracting any payments or other credits.
The restriction or delay of the available credit is for risk management or
Daily Periodic Rate is the APR divided by 365.
other related purposes, including but not limited to protection against
Fees are non- interest Charges, including transaction fees.
actual or potential fraudulent activities or unauthorized transactions.
Grace Period means the period of time during a billing cycle when you
OVERDRAFT PROTECTION
will not accrue Interest Charges on certain transactions or balances.
If you select overdraft protection, a Cash Advance will be made to cover
Interest Charges are the portion of Charges attributed to periodic
an overdraft in your designated Commerce Bank deposit account. Such
interest rates.
Overdraft Cash Advances will be in the amount of $50.00 or multiples of
Participation Fee is a fee charged for added service or functionality on
$50.00. If the designated deposit account is a joint account, you will be
your Account.
liable for all overdrafts on the account regardless of which joint account
PIN is Personal Identification Number.
owner caused, or benefited from the overdraft. Each Overdraft Cash
Prime Rate is the U.S. Prime Rate published in The Wall Street Journal
Advance is at our discretion. We are not liable or responsible for any
in its column called "Money Rates" on the last Business Day of each
check drawn that may for any reason be returned or otherwise
month.
dishonored. We may cancel this overdraft feature at any time without
Promotional Balance is the balance subject to the Promotional Rate.
notice.
Balances subject to Introductory Rates are included.
BALANCE ON WHICH INTEREST CHARGE IS CALCULATED
Promotional Rate is a rate other than the standard rate, tied to a special
offering. A Promotional Rate offered when you open your Account may
If you accrue any Interest Charge on your Account at a variable rate, that
be called an Introductory Rate.
rate will be calculated by adding a margin to the Prime Rate. Please see
Purchase means purchase of merchandise or services on the Account
the ACCOUNT OPENING DISCLOSURE which is part of this
plus related Charges and does not include any type of Cash Advance,
Agreement, for specific information regarding the APRs used to
Cash Advance Transaction Fees or Cash Advance Interest Charges.
compute your Interest Charges.
Revolving Credit Line is the maximum dollar amount of your Account
We calculate your Daily Balance for each day in the billing cycle by
balance you can carry over from month to month.
taking your beginning balance, adding any new transactions or other
Statement is your billing statement.
debits, and subtracting any payments or other credits. We multiply the
Daily Balance by the Daily Periodic Rate to get your Interest Charges for
CREDIT CARD SERVICES
that day. We add these Interest Charges to your Daily Balance to get
The following provisions relate only to credit card services except as
the beginning balance for the next day. We do this for all days on which
otherwise applicable.
you have a balance owing on the Account, disregarding any credit
ACCOUNT DESCRIPTION
balance, for the billing cycle.
We will grant you a Revolving Credit Line as determined by us. Your
We add all the daily Interest Charges and round the sum to the next
Revolving Credit Line is the maximum dollar amount of your Account
highest cent to get your total Interest Charges for that billing cycle. We
balance you can carry over from month to month. Your Revolving Credit
do this calculation separately for each type of balance.
Line will be indicated on your Statement.
Your Account is also subject to a No Pre Set Spending Limit. No Pre Set
The Prime Rate used to determine the APR on your Account is the U.S.
Spending Limit does not mean unlimited spending; rather each charge
Prime Rate published in The Wall Street Journal in its column called
that causes your Account balance to exceed your Revolving Credit Line
"Money Rates" on the last Business Day of each month. Although each
will be evaluated by us based on several factors. These factors include,
Daily Periodic Rate is determined by an index published prior to the first
but are not limited to, Account usage and performance, payment
day of each calendar month, the respective Daily Periodic Rate will only
resources, other Account relationships with us, if applicable, and your
become effective and charged as of the first day of the monthly billing
experience with other creditors.
period following the respective calendar month in which the index is so
Your Account is subject to a Cash Limit equal to the amount of your
published. No representation is made that the U.S. Prime Rate is the
Revolving Credit Line less outstanding balances, including Fees and
lowest, the best or the favored rate of interest. If for any reason The Wall
Interest Charges. Your outstanding balance will limit Cash Advance
Street Journal no longer publishes the "Money Rates" column, then we
availability. The Cash Limit does not apply to Overdraft Cash Advances.
will choose a new index based on comparable information. An increase
Overdraft Cash Advances will be subject to the term of the Account's No
in the Prime Rate will cause your interest rate to increase and may cause
Pre Set Spending Limit.
your minimum monthly payment to increase.
We may increase, reduce or cancel your Revolving Credit Line and/or
INTEREST CHARGE COMPUTATION
Cash Limit at any time without prior notice or liability. A change to your
ON PURCHASES: Interest Charges on Purchases begin to accrue
Revolving Credit Line and Cash Limit will not affect your obligation to pay
on the transaction date, provided such date will never be later than
us.
the date the Purchase is posted to the Account or earlier than the
We may decline, at any time in our sole discretion, an authorization
first day of the billing cycle for the Statement on which such
request for any transaction for any reason, included but not limited to:
transaction is shown. Purchases are subject to a Grace Period. If
operational considerations,
the previous balance is zero, or was paid in full by the payment due
your Account is in default,
date shown on your Statement, no Interest Charge will be assessed
we suspect fraudulent or unlawful activity
on current Purchases.
We may also request additional information from you at any time to
ON CASH ADVANCES: Interest Charges begin to accrue on the
evaluate a transaction request or your use of the Account generally.
date of the Cash Advance, provided such date will never be later
than the date the Cash Advance is posted to the Account or earlier
than the first day of the billing cycle for the Statement on which such
advance is shown.
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TOTAL INTEREST CHARGE COMPUTATION
At no time will the Returned Item Fee exceed the amount of the
We add Interest Charges for each type of balance to obtain your total
Convenience Check.
Interest Charge for each billing cycle.
Convenience Checks and Document Copy Charges
PENALTY RATE AND WHEN IT APPLIES
Charges for Convenience Checks and requests for copies of sales
If at any time we have not received the required minimum monthly
drafts, Statements or other documents related to your Account may be
payment within 60 days of the respective payment due date, we may
billed on your Account as Purchases in accordance with the fee schedule
increase the applicable APR to the Penalty Rate. Please see the
established by us from time to time. No charge will be made for copy
ACCOUNT OPENING DISCLOSURE for information regarding the
requests related to billing error resolution within 60 days of the disputed
Penalty Rate for your Account. The Account may be eligible for your
transaction.
standard Daily Periodic Rates and corresponding APR for each type of
TOTAL FEE COMPUTATION
balance after you have met the terms of this Agreement for six
consecutive billing cycles after the monthly Statement on which the
We add all Fees assessed to obtain your total Fees for each billing cycle
Penalty APR first appears. Otherwise, the Penalty Rate may apply
(excluding Balance Transfer and/or Convenience Check Fees). We will
indefinitely.
assess Balance Transfer Fees and/or Convenience Check Fees to your
Account in the same balance category to which the transaction is posted.
TERMINATION OF INTRODUCTORY OR PROMOTIONAL RATES
CANCELLATION
If during an Introductory or Promotional Rate period, we have not
received the required minimum monthly payment within 60 days of the
To the extent permitted by law, Commerce Bank may cancel your
respective payment due date, we will increase the applicable APR to the
Account, refuse to allow further transactions against your Account or
Penalty APR. Introductory and/or Promotional Rates will not be
revoke your Card(s) at any time (whether or not you are in default of any
reinstated.
part of this Agreement) including, without limitation, when any affiliation
you may have with a sponsoring organization ceases or when any
FEES
agreement we may have with the sponsoring organization is terminated.
Transaction, Annual and Penalty Fees:
Cancellation of your Account will not affect your liability to us for credit
Please see the ACCOUNT OPENING DISCLOSURE for information
we have extended to you, including amounts not yet billed to your
regarding the specific Fees that may be charged to your Account.
Account. We may cancel your Account without prior notice or liability.
You must surrender the Card(s), either upon a direct request by us, or
Minimum Interest Charge
any other bank or merchant who is acting upon our instructions.
A minimum Interest Charge will be imposed in any billing cycle for which
CONDITIONS OF DEFAULT
an Interest Charge is payable, and will appear on your Statement as a
Fee.
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
Balance Transfer Or Convenience Check Transaction Fee
on your Statement; you fail to comply with the terms of this Agreement;
You will be charged a Transaction Fee, with a minimum and no
you make any false or misleading statements or omissions on your
maximum, for each Balance Transfer and/or Convenience Check posted
application; you file a bankruptcy petition or have one filed against you;
to your Account.
we obtain information that causes us to believe that you may be unwilling
Non Overdraft Cash Advance Transaction Fee
or unable to pay your debts to us or to others on time including, but not
You will be charged a Transaction Fee, with a minimum and no
limited to, your failure to make any payment to us on any other
maximum, for each Cash Advance posted to your Account.
indebtedness or loan; you are declared incompetent by a court or a court
appoints a guardian/ conservator for you or your assets; you die.
Overdraft Cash Advance Transaction Fee
You will be charged a Transaction Fee for each Cash Advance resulting
If we consider your Account to be in default, we may close your account
from the overdraft protection.
without notice and require you to pay the balance in a manner permitted
Annual Fee
by law (subject to applicable law regarding notice or right to cure). To
Your Account may have a Fee that will be added annually to your
the extent permitted by law, if you are in default you will pay our
Account (Annual Fee). Please see the ACCOUNT OPENING
collections costs, attorneys fees, court costs, and all other expenses of
DISCLOSURE for information regarding the specific fee, if any, for
enforcing our rights under this Agreement.
your Account.
ALLOCATION OF PAYMENTS
The imposition or payment of an Annual Fee does not affect or limit our
We will allocate your minimum payment in the manner we determine.
right to terminate this Agreement, cancel your Account, and demand
We will apply the amount in excess of the minimum payment to balances
payment, in a manner permitted by law, of any amounts owed on your
with higher APRs before balances with lower APRs.
Account.
RECEIPT OF PAYMENTS
Foreign Transactions
Payments received before 5 PM CT at the address shown on your
Please see the ACCOUNT OPENING DISCLOSURE for information
Statement on any of our regular Business Days will be posted as of the
regarding the specific Fees that may be charged to your Account related
date of receipt. Payments made in person before the close of business
to foreign transaction.
to an employee at a Commerce branch will be posted as of date of
Visa and MasterCard Purchases, cash withdrawals and Cash Advances
receipt. Payments mailed to the address shown or made in person at a
made in currencies other than U.S. Dollars will be converted to U.S.
branch must be accompanied by the Account number or payment stub,
and in the form of a check or money order in U. S. Dollars drawn on a U.
Dollars under regulations established by VISA International and
S. financial institution. Do not send cash through the mail. A delay in
MasterCard International. Visa conversion will be at a rate selected by
crediting the payment to your Account may occur if the payment does not
Visa from the range of rates available in wholesale currency markets for
meet these requirements for making payments (conforming
the applicable central processing date, which may vary from the rate
payments). In no case shall such delay exceed five days from receipt of
Visa itself receives or the government-mandated rate in effect for the
such payment.
applicable central processing date. MasterCard conversion will be at a
The cutoff time for payments made on any of our regular Business Days
rate selected by MasterCard, typically either a government-mandated
through Commerce as transfers from your Commerce deposit account
rate or a wholesale rate provided to MasterCard. Conversion to U.S.
are as follows: Commerce ATM, 7:00 PM CT; Commerce Online
dollars may occur on a date other than the date of the transaction.
Banking, including Mobile Banking, 7:00 PM CT; Commerce Account
Therefore, the conversion rate may be different from the rate in effect at
Information Line, 7:00 PM CT; Commerce BankCards Online, 11:00 PM
the time of the transaction. You agree to pay the converted amount plus
CT; Commerce Collections Department, 11:00 PM CT. A payment made
the applicable foreign transaction fee. For Purchases, cash withdrawals,
through Commerce Online Bill Pay will be posted on the Pay Date.
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
Conforming payments received after the respective cutoff time will be
applicable foreign transaction fee.
posted no later than the next Business Day. Payments made by a third-
party payor, will be posted as of the date we receive the payment.
Late Payment Fee
For each payment not received by the payment due date, we may
When the due date falls on a weekend or holiday, your payment due
charge a Late Payment Fee. The first time you are late making the
date will be on the next Business Day.
required minimum monthly payment ("First Occurrence"), a $27 Late
We may accept late payments, partial payments or checks and money
Payment Fee may be imposed. After the First Occurrence, if you make a
orders (or accompanying written communication) containing a statement
late payment at anytime during the next six billing cycles ("Second
to the effect that the instrument was tendered as "payment in full,' full
Occurrence"), a $37 Late Payment Fee may be imposed. After the
satisfaction of a disputed claim or other similar language without losing
Second Occurrence, any subsequent late payment during the next six
any rights under this Agreement or under the law. All such payments or
billing cycles will also incur a $37 Late Payment Fee. At no time will the
written communications must be mailed to: Commerce Bank, P.O. Box
Late Payment Fee exceed the amount of the required minimum monthly
410857, Kansas City, MO 64141-1857.
payment.
CHANGE OF TERMS
Other Fees
Provided the Account is meeting the terms of this Agreement: (1) We
Returned Payment Fee
will not increase an Introductory APR during any Introductory Rate
No Fee will be charged for any check or other form of payment sent to us
period; and (2) We will not increase any APR, Annual Fee or minimum
which is returned unpaid.
Interest Charge for 12 months following account opening, except for
increases due to the expiration of an Introductory or Promotional Rate
Returned Item Fee
period, if any; changes in the Prime Rate; completion or failure of a
If we decline to honor a Convenience Check or when payment of a
temporary hardship arrangement; application of a Penalty Rate; or the
Convenience Check is stopped at your request, we may charge a
end of military service to which the provisions of the Servicemembers
Returned Item Fee. The first time we decline to honor a Convenience
Civil Relief Act (SCRA) apply. ("Exceptions"). Otherwise, we may
Check or when payment of a Convenience Check is stopped at your
change the terms of the Agreement at any time, after notice and the right
request ("First Occurrence"), a $27 Returned Item Fee may be imposed.
to reject if required by law. Changes in any APR, other than the stated
After the First Occurrence, if we decline a Convenience Check or you
Exceptions, Annual Fee or minimum Interest Charge will apply to new
request stop payment of a Convenience Check at anytime during the
transactions created after the end of the 14th day following our providing
next six billing cycles ("Second Occurrence"), a $37 Returned Item Fee
notice to you. If you reject a change, your Account will be cancelled
may be imposed. After the Second Occurrence, any subsequent
and you will no longer be able to use the Account.
declined Convenience Check or stop payment of a Convenience Check
during the next six billing cycles will also incur a $37 Returned Item Fee.
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Cancellation of your Account will not affect your liability to us for credit
You may also send us this information via fax at 1-816-234-2811
we have extended to you, including amounts not yet billed to your
Account.
In your letter, give us the following information:
Account information: Your name and Account number.
ELECTRONIC RECORDS
Dollar amount: The dollar amount of the suspected error.
You agree that this document and all paper records related to your
Description of problem: If you think there is an error on your
Account and whether or not the other paper records were submitted,
bill, describe what you believe is wrong and why you believe it
received or obtained in advance of, contemporaneously with or
is a mistake.
subsequent to, the delivery of this document may, at the option of
You must contact us:
Commerce Bank, be converted by any digital or electronic method or
Within 60 days after the error appeared on your Statement.
process to an electronic record or subsequently further converted or
At least 3 Business Days before an automated payment is
migrated to another electronic record format or electronic storage
scheduled, if you want to stop payment on the amount you
medium. You further agree that upon conversion to an electronic record
think is wrong.
as authorized herein such electronic record shall be the record of the
You must notify us of any potential errors in writing. You may call us, but
transaction and the electronic record shall have the same legal force and
if you do we are not required to investigate any potential errors and you
effect as the paper documents from which it was converted. You waive
may have to pay the amount in question.
any legal requirement that any documents digitally or electronically
What Will Happen After We Receive Your Letter
converted be embodied, stored, or reproduced in a tangible media. You
undersigned and agree that a printed or digitally reproduced copy of the
When we receive your letter, we must do two things:
electronic record shall be given the same legal force and effect as a
1. Within 30 days of receiving your letter, we must tell you that we
signed writing. In addition, you authorize and agree to destruction of the
received your letter. We will also tell you if we have already
paper documents by Commerce Bank upon conversion of the paper
corrected the error.
documents to a digital or electronic record.
2. Within 90 days of receiving your letter, we must either correct the
error or explain to you why we believe the bill is correct.
PERMISSION TO CONTACT
You agree, in order for us to service your account or to collect any
While we investigate whether or not there has been an error:
amounts you may owe, we may contact you by telephone at any
We cannot try to collect the amount in question, or report you
telephone number associated with your account, including wireless
as delinquent on that amount.
telephone numbers, which could result in charges to you. We may also
The charge in question may remain on your Statement, and
contact you by sending text messages or emails, using any telephone
we may continue to charge you interest on that amount.
number or email address you provide to us. You consent and
While you do not have to pay the amount in question, you are
acknowledge that methods of contact may include using pre-
responsible for the remainder of your balance.
recorded/artificial voice message and/or use of an automatic dialing
We can apply any unpaid amount against your credit limit.
device, as applicable. You further consent and agree that our personnel
may listen to and/or record phone calls between you and our
After we finish our investigation, one of two things will happen:
representatives without additional notice to you, including but not limited
If we made a mistake: You will not have to pay the amount in
to calls we make to service your account or collect debt(s).
question or any Interest Charges or other Fees related to that
amount.
MILITARY LENDING ACT DISCLOSURE
If we do not believe there was a mistake: You will have to pay
Federal law provides important protections to members of the Armed
the amount in question, along with applicable Interest Charges
Forces and their dependents relating to extensions of consumer credit. In
and Fees. We will send you a Statement of the amount you
general, the cost of consumer credit to a member of the Armed Forces
owe and the date payment is due. We may then report you as
and his or her dependent may not exceed an annual percentage rate of
delinquent if you do not pay the amount we think you owe.
36 percent. This rate must include, as applicable to the credit transaction
or account: The costs associated with credit insurance premiums; fees
If you receive our explanation but still believe your bill is wrong, you must
for ancillary products sold in connection with the credit transaction; any
write to us within 10 days telling us that you still refuse to pay. If you do
application fee charged (other than certain application fees for specifed
so, we cannot report you as delinquent without also reporting that you
credit transactions or accounts); and any participation fee charged (other
are questioning your bill. We must tell you the name of anyone to whom
than certain participation fees for a credit card account). You can call toll
we reported you as delinquent, and we must let those organizations
free to 855-225-1576 to hear the applicable required Military Lending Act
know when the matter has been settled between us.
disclosures.
If we do not follow all of the rules above, you do not have to pay the first
$50 of the amount you question even if your bill is correct.
MISCELLANEOUS PROVISIONS
You also agree that:
Your Rights If You Are Dissatisfied With Your Credit Card
Purchases
We may refuse to extend credit to you or anyone using your
Account or Card(s).
If you are dissatisfied with the goods or services that you have
We will not be liable or responsible for anyone's refusal to honor
Purchased with your credit card, and you have tried in good faith to
your Card(s).
correct the problem with the merchant, you may have the right not to pay
Each Account you have with us is separate from any others you
the remaining amount due on the Purchase.
have with us, and Interest Charges will be charged on each
Account's balance at the APR given with each Cardholder
To use this right, all of the following must be true:
Agreement. Each individual Account will be designated by an
individual Account number.
1. The Purchase must have been made in your home state or within
100 miles of your current mailing address, and the purchase price
Your Card(s) are Commerce Bank property.
must have been more than $50. (Note: Neither of these are
We may change the premium enhancements offered at any time
necessary if your Purchase was based on an advertisement we
without further notice to you.
mailed to you, or if we own the company that sold you the goods or
Merchants with whom you've shared your Account number may be
services.)
updated with new Account information to ensure the continuation of
your payment agreement.
2. You must have used your credit card for the Purchase. Purchases
You will not use your Card(s) for any purpose that has been
made with Cash Advances from an ATM or with a check that
deemed illegal. We reserve the right to deny authorization requests
accesses your credit card Account do not qualify.
from online gambling merchants, whether or not online gambling is
3. You must not yet have fully paid for the Purchase.
illegal in the state in which you reside.
Commerce Bank may share your Account experience and
If all of the criteria above are met and you are still dissatisfied with the
transaction information with its Affiliates, which are members
Purchase, contact us in writing at:
of the Commerce Corporate family as defined in your Privacy
Policy Notice. Unless you call 1-800-543-4845, you agree that
Commerce Bank P.O. Box 411036, Kansas City, MO 64141-1036
Commerce Bank and its Affiliates may also share other
information about you or your Account.
While we investigate, the same rules apply to the disputed amount as
You must notify us immediately at Commerce Bank, P.O. Box
discussed above. After we finish our investigation, we will tell you our
411036, Kansas City, MO 64141-1036, if you believe any
decision. At that point, if we think you owe an amount and you do not
information we reported to a credit reporting agency is inaccurate.
pay, we may report you as delinquent.
SECURITY INTEREST
LIABILITY FOR UNAUTHORIZED USE
Collateral securing other loans with us may also secure this
indebtedness.
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
CHANGES IN ADDRESS
PIN, you agree to all the provisions of this Agreement, including, but not
You agree to notify us immediately if you change your address.
limited to your promise to pay. You will not be liable for unauthorized
INTERPRETATION
use that occurs after you notify Commerce Bank orally or in writing.
The Agreement shall be governed by applicable federal law and
Notification of loss, theft or possible unauthorized use may be mailed to
regulations. To the extent not preempted by applicable federal law, this
Commerce Bank, P.O. Box 411036, Kansas City, MO 64141-1036, or
Agreement shall be governed by the laws of the state of Missouri, but
you may call 1-800-645-2103.
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,
as authorized by Missouri Revised Statutes Section 408.145.
Your Billing Rights: Keep this Document for Future Use
If you have any questions regarding this Agreement, or our current fee
This notice tells you about your rights and our responsibilities
schedule, write to us at Commerce Bank, P.O. Box 411036, Kansas
under the Fair Credit Billing Act.
City, MO 64141-1036, or call us at 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
3
Commerce Bank
OPTIONAL FEATURES
Member
Commerce Bank credit cards may come with optional credit card
access using the Special Connections Feature, you may use your Card
payment features, including Special Connections and toggle
The
to perform the following functions where otherwise permitted:
Special Connections and toggle features are offered at the sole
discretion of Commerce Bank ("Commerce") to Accountholders ("You" or
ATM Transaction
"Your") that have Qualified Commerce Bank Credit Card Accounts.
A
At the ATM, insert your Card and enter the credit card PIN that you
"Qualified Commerce Credit Card Account" means any open Account
established for this Card to (i) withdraw cash from, deposit money in,
that is not designated by Commerce as lost, stolen, fraud transferred,
transfer funds between, or learn the balances in your checking, regular
credit revoked, closed, bankrupt, charged off, or in Consumer Credit
savings or money-market accounts; (ii) use funds from your checking,
Counseling or recovery. By using these optional features, you
regular savings, and money-market accounts to make payments on your
acknowledge that you have read and accepted the Commerce Bank
Commerce credit cards, lines of credit or loans or (iii) take cash
Special Connections Terms and Conditions and the Commerce Bank
advances on your Commerce credit cards.
toggle Terms and Conditions which shall govern your use of and rights
under these optional features.
The account(s) you designate for ATM accessibility will be considered
your Special Connections Feature at the ATM Account(s) ("ATM
The Special Connections SM and toggle Terms and Conditions are a
Account"). If you wish to designate one or more checking accounts as
separate agreement and are not part of your cardholder agreement.
an ATM Account, then you must designate one of those checking
accounts as your Point of Sale Account as defined below. In order to
SPECIAL CONNECTIONS FEATURE
have ATM access to your checking accounts, you must at all times
With
the
Special
Connections
Feature, and as permitted from time to
maintain a Point of Sale Account. If you no longer have a Point of Sale
time, you may use your Card to access Commerce Bank Special
Account, then you will lose ATM access to all of your checking accounts.
Connections Feature-eligible deposit accounts, credit cards, lines of
credit, and/or loans. You may request the Special Connections Feature
Commerce has no control over the functionalities offered at non-
from a Commerce Bank branch, through Commerce Bank Online
Commerce ATMs. Some or all of these features may not be available at
Banking, or from our Customer Service Department at 1-800-645-2103.
all non-Commerce ATMs and some ATMs may allow you to perform
These features are not automatically activated.
other functions not mentioned here, including the ability to make
purchases (e.g. stamps). If at any time you use a non-Commerce ATM
For customers with a Special Connections Visa or MasterCard credit
to request to take money from an account that you do not have or if the
card, please note: The Special Connections Feature is
different
from
a
non-Commerce ATM does not prompt you to select a specific account
Commerce Bank Special Connections Visa or MasterCard credit card.
from which to take the money, then you agree that Commerce will
The Special Connections Feature allows you to add certain functionality
attempt to comply with your request by providing you with money from
to any Commerce Bank-issued credit card, including Commerce Bank's
one of your open ATM Accounts. Cash withdrawals may be taken from
Special Connections Visa or MasterCard credit card. However, your
any open deposit ATM Account owned by you and cash advances may
Special Connections Visa or MasterCard credit card is not automatically
be taken from any credit card ATM Account owned by you.
enabled with the Special Connections Feature. You must proactively
enroll any credit card, including your Special Connections Visa or
Point of Sale Transaction
MasterCard credit card, in the Special Connections Feature in order for
You may designate one (1) checking account as your Special
that card to utilize the Special Connections Feature's capabilities
SM
Connections Feature at the Point of Sale Account ("Point of Sale
described herein.
Account"). At merchants that have agreed to accept the Card on
networks utilized by us, you can use funds in your Point of Sale Account
ELECTRONIC FUND TRANSFERS
to pay for your purchases. The use of your Card in this manner
The following provisions apply only to Electronic Fund Transfers
constitutes a simultaneous withdrawal from and/or demand upon your
("EFTs"). EFTs are any transfer of funds initiated with your Card(s) at an
checking account, even though the transaction may not actually be
ATM or as a debit transaction at Point of Sale. We can cancel these
posted to your account until a later date.
services at any time and for any reason without notice. We can also
cancel your entire Account, including credit card services, and revoke
Only Commerce checking accounts are eligible for this functionality and
your Card(s) as provided in the CANCELLATION paragraph above. This
only one (1) Commerce Bank checking account can be designated as
may be done by an ATM or merchant not returning your Card(s) to you.
the Point of Sale Account at any one time. Your Point of Sale Account
We may change the terms of this Agreement relating to EFTs without
shall always remain as an ATM Account. If at any time you instruct
notice to you unless required by law.
Commerce to remove the Point of Sale capabilities from your card, you
will no longer have access to any of your checking accounts at the ATM.
TELEPHONE NUMBER AND ADDRESS TO BE NOTIFIED IN EVENT
OF UNAUTHORIZED TRANSFER
ATM and Point of Sale transactions will post to your checking account(s)
Tell us AT ONCE if you believe your card has been lost or stolen, or if
as detailed in your Deposit Agreement.
you believe that an electronic fund transfer has been made without your
permission using information from your check. Telephoning is the best
Foreign Transaction
way of keeping your possible losses down. You could lose all the money
For transactions occurring outside of the United States, the nature of
in your account plus your maximum overdraft line of credit. If you tell us
which is unspecified to us, we will apply the transaction to accounts in
within 2 business days after you learn of the loss or theft of your card,
the following order: checking, money-market, regular savings,
Commerce Visa or Commerce MasterCard.
you can lose no more than $50 if someone used your card without your
permission.
Limitation on Frequency of Transfers. There are no limitations on the
If you do NOT tell us within 2 business days after you learn of the loss or
number of transfers that can be made during any time period to or from
theft of your card, and we can prove we could have stopped someone
any deposit account, except as provided by federal regulations limiting
from using your card without your permission if you had told us, you
preauthorized transfers. By federal regulation, you are limited during any
could lose as much as $500.
statement cycle to six preauthorized transfers (three of which may be by
check, draft or similar order if the account is a money market-type
Also, if your statement shows transfers that you did not make, including
account).
those made by card, code or other means, tell us at once. If you do not
tell us within 60 days after the statement was mailed to you, you may not
Limitation on Dollar Amount of Transfers. The balance available for
get back any money you lost after the 60 days if we can prove that we
authorizing purchases and cash withdrawals is the lesser of 1) your
could have stopped someone from taking the money if you had told us in
available deposit account balance, plus any credit available through an
time. If a good reason (such as a long trip or a hospital stay) kept you
overdraft protection line of credit or through any overdraft authorized by
from telling us, we will extend the time period. By permitting another
us in our sole discretion, OR 2) daily dollar limitations. For cash
person to use the card, you authorize and are fully liable for any
advances against a Commerce Bank credit card, you may withdraw cash
transactions that person initiates until that person's authority is ended.
up to the lesser of your credit line or daily dollar limitations. In addition,
You may only end that person's authority by notifying us.
daily withdrawal frequency limitations may apply to cash advances.
Dollar limitations may differ at ATMs other than ours.
If you believe your card has been lost or stolen, or that someone has
transferred or may transfer money from your account without your
Online Gambling. You agree that you will not use your card for any
permission, call us at 1-800-617-7480 or write to us at Commerce Bank,
purpose that has been deemed illegal. We reserve the right to deny
PO Box 411036, Kansas City, MO 64141-1036. You should also call the
authorization requests from online gambling merchants, whether or not
number or write to the address listed above if you believe a transfer has
online gambling is illegal in the state in which you use your card.
been made using the information from your check without your
permission.
Reservations and Merchant Authorization. Under certain
circumstances, a merchant (e.g., hotel) may require the use of a card to
BUSINESS DAY
guarantee reservations that may result in a hold on the available funds in
Our business days are Monday through Friday. Federal Reserve
the account. If you cancel any guaranteed reservation made using the
holidays are not included.
card, you must obtain a cancellation number. If you fail to do so, the hold
placed for the guaranteed reservation will not be canceled and the
TYPES OF AVAILABLE TRANSFERS AND LIMITS ON TRANSFERS
amount will be held against the balance in the account. This may limit
Account Access. The following EFTs are only available if you request
your future transactions. Further, if the merchant subsequently charges
the Special Connections Feature. Depending on the type of accounts
the amount of the guaranteed reservation to the account, we will not be
that Commerce determines from time-to-time are eligible for the Special
obligated to re-credit the account if you fail to obtain a cancellation
Connections Feature as well as which of your accounts you choose to
number. In addition, authorizations issued for card transactions must be
canceled when you initiate a card transaction and subsequently use
another form of payment for the transaction such as a credit card or
cash, since failure to have the authorization canceled may also result in
a hold on funds in the account and limit your future transactions.
4
POINT OF SALE TRANSACTIONS
according to our Agreement with you, we will be liable for your losses or
The use of your card with the Special Connections SM Feature to
damages. However, there are some exceptions. We will not be liable, for
purchase goods and services constitutes a simultaneous withdrawal from
instance:
and/or demand upon your checking account, even though the transaction
If through no fault of ours, you do not have enough money in your
may not actually be posted to your account until a later date. Any person
account to make the transfer.
or merchant honoring your card may be required to obtain approval or
If the transfer would go over the credit limit on your overdraft line.
authorization for any transaction. When we approve a non-PIN
If the ATM where you are making the transfer does not have
transaction (which may or may not require your signature), we may
enough cash.
immediately reduce the available balance in your checking account by
If the terminal or system was not working properly and you knew
the authorization amount requested by the merchant even though we
about the breakdown when you started the transaction.
have not received the transaction electronically for payment, which may
If circumstances beyond our control (such as flood or fire) prevent
differ from the final posted amount.
the transfer, despite reasonable precautions that we have taken.
There may be other exceptions stated in our Agreement with you.
This authorization amount will not be available until our receipt of the
transaction OR no more than three business days after the transaction
ERROR RESOLUTION PROCEDURES
date, whichever first occurs. If funds are not available for checks, other
In case(s) of errors or questions about your EFTs, telephone us at 1-800-
items or debits, you may be subject to overdraft or insufficient funds fees.
617-7480 or write us at Commerce Bank, PO Box 411036, Kansas City,
Transactions with your card will be posted to your account in the order
MO 64141-1036 as soon as you can, if you think your statement or
and with the same legal effect as checks or other debits drawn on your
receipt is wrong, or if you need more information about a transfer listed
account. You may use your card only in the manner and for the purposes
on the statement or receipt. We must hear from you no later than 60
authorized by this Agreement. We may recognize a transaction even if
days after we sent the FIRST deposit statement on which the problem or
we have not authorized it, but that does not mean we will authorize the
error appeared.
same type of transaction again. You do not have the right to stop
Tell us your name and account number.
payment on any transaction originated by use of your card with the
Tell us the name of the merchant, the transaction date and the
Special Connections Feature, except recurring preauthorized transfers
dollar amount of the suspected error.
as described in this Agreement.
Describe the error or the transfer you are unsure about, and explain
Overdrafts. You are responsible for all authorized transactions initiated
as clearly as you can why you believe it is an error or why you need
more information.
by use of your card with the Special Connections Feature. If a negative
balance (overdraft) in your checking account results from the use of the
Tell us if you have already attempted to resolve the issue directly
with the merchant.
card with the Special Connections Feature, you will pay us on demand
this negative balance and our then current charge for overdrafts. If you
If you tell us orally, we may require that you send your complaint or
have an overdraft line of credit (Checking Plus) for an account, you are
question in writing within 10 business days.
bound by the rules and regulations that apply to that credit privilege
(Overdraft Protection). In addition, if your checking account is closed
We will determine whether an error occurred within 10 business days
before transactions are posted, you will pay us on demand the
after we hear from you and will correct any error promptly. If we need
outstanding amount.
more time, however, we may take up to 45 calendar days to investigate
your complaint or question. If we decide to do this, we will credit your
FEES
deposit account within 10 business days for the amount you think is in
Fees for all Electronic Fund Transfer services are disclosed in our fee
error so that you will have the use of the money during the time it takes
schedule. You will receive a fee schedule at account opening. You may
us to complete our investigation. If we ask you to put your complaint or
request a copy of our current fee schedule at any Commerce branch or
question in writing and we do not receive it within 10 business days, we
by contacting 1-800-453-2265. When you use an ATM not owned by us
may not credit your deposit account.
you may be charged a fee by the ATM operator (or any network used) for
a transaction or for a balance inquiry even if you do not complete a fund
For errors involving new accounts, point-of-sale, or foreign-initiated
transfer.
transactions, we may take up to 90 days to investigate your complaint or
question. For new accounts, we may take up to 20 business days to
RIGHT TO RECEIVE DOCUMENTATION OF TRANSFERS
credit your account for the amount you think is in error.
Terminal Receipts. You will get a receipt at the time you make any
We will tell you the results within three business days after completing
transfer to or from your deposit account using an ATM or electronic POS
our investigation. If we decide that there was no error, we will send you a
terminal.
written explanation. You may ask for copies of documents that we used
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
person or company, you can call us at 1-800-746-8704 to find out
Commerce may add toggle to any Qualified Commerce Visa or
MasterCard Credit Card Account.
whether or not the deposit has been made.
DEMAND DEPOSIT ACCOUNT
Periodic Statement. You will get a monthly deposit statement if you
have a deposit account upon which checks or drafts may be drawn. You
You may link up to two (2) DDAs to Your Qualified Commerce Credit
will get a monthly deposit statement on your regular savings account if
Card Account for the use of the toggle payment feature.
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
DISCLOSURE OF ACCOUNT INFORMATION TO THIRD PARTIES
DDA in order to link it to Your credit card Account. Any person using the
We will disclose information to third parties about your account or the
Account and/or related Card(s) with the expressed or implied permission
transfers you make:
of any of the applicants ("Authorized Users") will have access to the
Where it is necessary for completing transfers. Merchants with
linked DDA through the use of Your Account.
whom you've shared your account number may be updated with
new account information to ensure the continuation of your payment
Any DDA that has been designated by Commerce as having a
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 Now™ 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
5
Purchases may take 1-2 business days to post to Your Account following
additional terms and conditions contained in any programs, promotions
the date of Purchase. After the Purchase has posted to Your Account, an
or transactions that may be offered to You from time-to-time and any
ACH may take 1-2 business days to appear as a debit on Your DDA.
terms and conditions contained in any document issued to You by
Commerce.
Payments are not applied to the required minimum payment due on Your
Statement each month. You will still have a required minimum payment
This authorization is to remain in effect until Commerce has received
due each month, which will appear on Your Statement and will be
electronic notice of termination from You. You may terminate toggle
subject to the terms of Your cardholder agreement.
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
PAY LATER™
Commerce Bank a reasonable opportunity to act upon the termination
"Pay Later means any Purchase that is made with Your Account that
(but in no event less than three business days). Commerce reserves the
will not be automatically paid for from a DDA, and will become a part of
right to decline or cancel toggle service at any time.
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 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
6