Commerce Bank
Member FDIC
CARDHOLDER AGREEMENT
This cardholder agreement ("Agreement") is for your Account with
INSTALLMENT PLAN
Commerce Bank, and the Card(s) which has/have been given to you in
Installment Plans may be available for eligible Accounts to initiate and
connection with your Account. Such Account and Card(s) provide you
can be used for qualifying transaction(s) only; and not for a Cash
with credit card services and ATM Services. "You" and "your" mean any
Advance, Balance Transfer, or any Fee owed to us. When selecting an
applicant for the Account and any person using the Account and/or
Installment Plan, the qualifying transaction(s) will be moved to an
related Card(s) with the expressed or implied permission of any of the
Installment Plan balance and may be subject to an Installment Plan Fee
applicants. Any person whose name appears on the Account for the
instead of the periodic interest rate. If you do not pay your entire
Card(s) accompanying this Agreement consents, either by using or
Installment Plan balance in the pre-selected amount of billing cycles, any
permitting another to use the Card(s), to all provisions of this Agreement.
remaining balance will be transferred to your applicable Purchase or
"We", "us" and "our" means Commerce Bank, our successors and
Convenience Check balance and your respective periodic interest rate
assigns.
applied.
This Agreement contains an arbitration provision, a class action
We may limit the number of active Installment Plans you can have at one
waiver, and a jury trial waiver. Please read the entire section titled
time and reserve the right to change this number at any time. Installment
"DISPUTE RESOLUTION - ARBITRATION" and the section titled
Plans cannot be cancelled after they have been set up, but you can
"DISPUTE RESOLUTION - JURY TRIAL WAIVER."
choose to pay the Installment Plan early by paying the new balance,
shown on your most recent Statement, in full. If you pay an Installment
In this Agreement:
Plan off early, you will not incur any future Installment Plan Fees for that
Account is your credit card account.
Installment Plan.
Annual Fee is a fee charged on a yearly basis for your continued use of
the Account.
In the event you return items from an Installment Plan, we will choose
APR is Annual Percentage Rate.
how to apply the credit to your existing Account balances, including
ATM is Automated Teller Machine.
whether to apply a credit to an Installment Plan balance or a different
Balance Transfer is an advance made when transferring a balance from
balance.
another creditor to your Account.
Business Days are Monday through Friday. Federal holidays are not
PROMISE TO PAY
included.
You promise to pay for all Purchases, Balance Transfers, Convenience
Card is the credit card(s) given to you in connection with your Account.
Checks, Installment Plans and Cash Advances made by you through the
Cash Advance includes:
use of the Account. In addition, you promise to pay all other amounts
Non-Overdraft Cash Advance is an advance made by means of
owed due to use of the Account by anyone else you authorize to use the
an electronic device or machine, or a financial institution teller, or for
Account until such person's authority is ended. You may only end such
the purchase of wire transfers, non-U.S. currency, travelers' checks,
person's authority by notifying us in writing and returning to us any Card
money orders, lottery tickets and casino gaming chips.
such person may have. All of you are responsible, both together and
Overdraft Cash Advance is an advance made by means of
individually, for the entire Account balance even though only one of you
overdraft protection.
uses the Account.
Cash Limit is the maximum dollar amount of your Credit Line, as defined
herein, available for Cash Advances.
BILLING STATEMENTS
Charges are costs imposed as part of this Agreement and include both
You will receive a Statement periodically (normally monthly). Your
interest and fees.
payment is due within 25 days from the date of the Statement (payment
Convenience Check is a check provided to you to access credit from
due date).
your Account.
Daily Balance is determined, for each day in the billing cycle, by taking
PAYMENT OPTIONS
the beginning balance, adding any new transactions or other debits
You may pay the new balance shown on your Statement each month or
(excluding any active Installment Plans), and subtracting any payments
you may pay in monthly installments. If you decide to pay in monthly
or other credits.
installments, you must pay at least the minimum payment on your
Daily Periodic Rate is the APR divided by 365.
Statement. The minimum payment will include the sum of all active
Fees are non-Interest Charges, including transaction fees.
Installment Plan payments due, plus the greater of:
Grace Period means the period of time during the billing cycle when you
$30.00 or the full amount of your total balance (excluding any active
will not accrue Interest Charges on certain transactions or balances.
Installment Plan balances) if it is less than $30.00; or
Installment Plan is a feature that can be used to make fixed monthly
1.00% of your new balance (excluding any active Installment Plan
payments over a pre-selected number of billings cycles for qualifying
balances) plus any amounts that are past due, plus Fees (excluding
transaction(s).
Balance Transfer and/or Convenience Check Fees) and Interest
Installment Plan Fee is a fee charged on a monthly basis on all active
Charges accumulated during the billing period.
Installment Plans.
Interest Charges are the portion of Charges attributed to periodic
When a payment is posted to your Account, we reserve the right to
interest rates.
restrict or delay all or part of the available credit created by the payment.
PIN is Personal Identification Number.
The restriction or delay of the available credit is for risk management or
Prime Rate is the U.S. Prime Rate published in The Wall Street Journal
other related purposes, including but not limited to protection against
in its column called "Money Rates" on the last Business Day of each
actual or potential fraudulent activities or unauthorized transactions.
month.
Promotional Balance is the balance subject to the Promotional Rate.
OVERDRAFT PROTECTION
Balances subject to Introductory Rates are included.
If you select overdraft protection, a Cash Advance will be made to cover
Promotional Rate is a rate other than the standard rate, tied to a special
an overdraft in your designated Commerce Bank deposit account. Such
offering. A Promotional Rate offered when you open your Account may
Overdraft Cash Advances will be in the amount of $50.00 or multiples of
be called an Introductory Rate.
$50.00. If the designated deposit account is a joint account, you will be
Purchase means purchase of merchandise or services on the Account
liable for all overdrafts on the account regardless of which joint account
plus related Charges and does not include any Balance Transfer,
owner caused, or benefited from the overdraft. Each Overdraft Cash
Convenience Check, Cash Advance, Installment Plan and related Fees
Advance is at our discretion. We may permit or refuse to permit any
or Interest Charges.
Overdraft Cash Advance that would cause you to exceed the Cash Limit
Statement is your billing statement.
on your Account. We are not liable or responsible for any check drawn
that may for any reason be returned or otherwise dishonored. We may
CREDIT CARD SERVICES
cancel this overdraft feature at any time without notice.
The following provisions relate only to credit card services except as
otherwise applicable.
BALANCE ON WHICH INTEREST CHARGES ARE CALCULATED
If you accrue any Interest Charges on your Account at a variable rate,
ACCOUNT DESCRIPTION
that rate will be calculated by adding a margin to the Prime Rate. Please
We will grant you a line of credit with a maximum dollar limit ("Credit
see the ACCOUNT OPENING DISCLOSURE, which is part of this
Limit") and may designate a Cash Limit as determined by us. These
Agreement, for specific information regarding the APRs used to
limits will be indicated on your Statement.
compute your Interest Charges.
Subject to the terms of this Agreement, you may use your Account to
We calculate your Daily Balance for each day in the billing cycle by
make Purchases and obtain Balance Transfers, Convenience Checks,
taking your beginning balance, adding any new transactions (excluding
Installment Plans and Cash Advances that do not exceed your Credit
any active Installment Plans) or other debits, and subtracting any
Limit and/or Cash Limit at any time. Should your Purchases, Balance
payments (excluding payments toward any active Installment Plan) or
Transfers, Convenience Checks, Installment Plans and/or Cash
other credits. We multiply the Daily Balance by the Daily Periodic Rate to
Advances ever exceed your Credit Limit and/or Cash Limit, we reserve
get your Interest Charges for that day. We add these Interest Charges to
the right to terminate this Agreement and demand the return of your
your Daily Balance to get the beginning balance for the next day. We do
Card(s). We can increase or decrease your Credit Limit and/or Cash
this for all days on which you have a balance owing on the Account,
Limit at any time without prior notice or liability. A change to your Credit
disregarding any credit balance, for the billing cycle.
Limit and/or Cash Limit will not affect your obligation to pay us.
We add all the daily Interest Charges and round the sum to the next
We may decline, at any time in our sole discretion, an authorization
highest cent to get your total Interest Charges for that billing cycle. We
request for any transaction for any reason, included but not limited to:
do this calculation separately for each type of balance.
operational considerations,
your Account is in default,
The Prime Rate used to determine the APR on your Account is the U.S.
we suspect fraudulent or unlawful activity
Prime Rate published in The Wall Street Journal in its column called
We are not responsible for any losses or damages, including
"Money Rates" on the last Business Day of each month. Although each
consequential damages, if a transaction on your Account is declined,
Daily Periodic Rate is determined by an index published prior to the first
either by us or a third party, even if you have sufficient credit available.
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
1
period following the respective calendar month in which the index is so
Foreign Transactions
published. No representation is made that the U.S. Prime Rate is the
Please see the ACCOUNT OPENING DISCLOSURE for information
lowest, the best or the favored rate of interest. If for any reason The Wall
regarding the specific Fees that may be charged to your Account related
Street Journal no longer publishes the "Money Rates" column, then we
to foreign transaction.
will choose a new index based on comparable information. An increase
in the Prime Rate will cause your interest rate to increase and may cause
Visa and Mastercard Purchases, cash withdrawals and Cash Advances
your minimum monthly payment to increase.
made in currencies other than U.S. Dollars will be converted to U.S.
Dollars under regulations established by VISA® International and
INTEREST CHARGE COMPUTATION
Mastercard International. Visa conversion will be at a rate selected by
ON PURCHASES: Interest Charges begin to accrue on the
Visa from the range of rates available in wholesale currency markets for
transaction date, provided such date will never be later than the
the applicable central processing date, which may vary from the rate
date the Purchase is posted to the Account or earlier than the first
Visa itself receives or the government-mandated rate in effect for the
day of the billing cycle for the Statement on which such transaction
applicable central processing date. Mastercard conversion will be at a
is shown. Purchases are subject to a Grace Period. If the previous
rate selected by Mastercard, typically either a government-mandated
balance is zero or was paid in full by the payment due date shown
rate or a wholesale rate provided to Mastercard. Conversion to U.S.
on your Statement, no Interest Charge will be assessed on current
dollars may occur on a date other than the date of the transaction.
Purchases.
Therefore, the conversion rate may be different from the rate in effect at
ON BALANCE TRANSFERS OR CONVENIENCE CHECKS:
the time of the transaction. You agree to pay the converted amount plus
Except for Convenience Checks associated with Installment Plans,
the applicable foreign transaction Fee. For Purchases, cash withdrawals,
Interest Charges begin to accrue on the date of the Balance
and Cash Advances made in U.S. dollars outside of the United States
Transfer or Convenience Check, provided such date will never be
and its territories, you agree to pay the transaction amount, plus the
later than the date the Balance Transfer or Convenience Check is
applicable foreign transaction Fee.
posted to the Account or earlier than the first day of the billing cycle
for the Statement on which such transfer or check is shown.
Late Payment Fee
ON CASH ADVANCES: Interest Charges begin to accrue on the
For each payment not received by the payment due date, we may
date of the Cash Advance, provided such date will never be later
charge a fee ("Late Payment Fee"). The first time you are late making the
than the date the Cash Advance is posted to the Account or earlier
required minimum monthly payment ("Late Payment First Occurrence"),
than the first day of the billing cycle for the Statement on which such
a $29 Late Payment Fee may be imposed. After the Late Payment First
advance is shown.
Occurrence, if you make a late payment at anytime during the next six
ON INSTALLMENT PLANS: No Interest Charges are applied to
billing cycles ("Late Payment Second Occurrence"), a $40 Late Payment
active Installment Plans.
Fee may be imposed. After the Late Payment Second Occurrence, any
subsequent late payment during the next six billing cycles will also incur
TOTAL INTEREST CHARGE COMPUTATION
a $40 Late Payment Fee. At no time will the Late Payment Fee exceed
We add Interest Charges for each type of balance (excluding active
the amount of the required minimum monthly payment.
Installment Plans) to obtain your total Interest Charge for each billing
cycle.
Overlimit Fee
In the event your balance exceeds your credit limit, no Fee will be
PENALTY RATE AND WHEN IT APPLIES
charged.
If at any time we have not received the required minimum monthly
payment within 60 days of the respective payment due date, we may
Other Fees
increase the applicable APR to a penalty APR ("Penalty Rate"). Please
see the ACCOUNT OPENING DISCLOSURE for information
Returned Payment Fee
regarding the Penalty Rate for your Account. The Account may be
No Fee will be charged for any check or other form of payment sent to us
eligible for your standard Daily Periodic Rates and corresponding APR
which is returned unpaid.
for each type of balance after you have met the terms of this Agreement
for six consecutive billing cycles after the monthly Statement on which
Returned Item Fee
the Penalty APR first appears. Otherwise, the Penalty Rate may apply
If we decline to honor a Convenience Check or when payment of a
indefinitely.
Convenience Check is stopped at your request, we may charge a fee
("Returned Item Fee"). The first time we decline to honor a Convenience
TERMINATION OF INTRODUCTORY OR PROMOTIONAL RATES
Check or when payment of a Convenience Check is stopped at your
If, during an Introductory or Promotional Rate period, we have not
request ("Returned Item First Occurrence"), a $29 Returned Item Fee
received the required minimum monthly payment within 60 days of the
may be imposed. After the Returned Item First Occurrence, if we decline
respective payment due date, we will increase the applicable APR to the
a Convenience Check or you request stop payment of a Convenience
Penalty APR. Introductory and/or Promotional Rates will not be
Check at anytime during the next six billing cycles ("Returned Item
reinstated.
Second Occurrence"), a $40 Returned Item Fee may be imposed. After
the Returned Item Second Occurrence, any subsequent declined
TERMINATION OF INSTALLMENT PLAN
Convenience Check or stop payment of a Convenience Check during the
If, during a period when an active Installment Plan is associated with the
next six billing cycles will also incur a $40 Returned Item Fee. At no time
Account, we have not received the required minimum monthly payment
will the Returned Item Fee exceed the amount of the Convenience
within 60 days of the respective payment due date, we will cancel the
Check.
Installment Plan and will apply the Penalty APR. The Installment Plan
cannot be reinstated or recreated.
Convenience Checks and Document Copy Charges
Charges for Convenience Checks and requests for copies of sales
FEES
drafts, Statements or other documents related to your Account may be
billed on your Account as Purchases in accordance with the fee schedule
Transaction, Annual and Penalty Fees:
established by us from time to time. No charge will be made for copy
Please see the ACCOUNT OPENING DISCLOSURE for information
requests related to billing error resolution within 60 days of the disputed
regarding the specific Fees that may be charged to your Account. Your
transaction.
Installment Plan Fee will be displayed at the point of purchase as part of
your purchase confirmation or Convenience Check offer.
TOTAL FEE COMPUTATION
We add all Fees assessed to obtain your total Fees for each billing cycle
Minimum Interest Charge
(excluding transaction Fees for Balance Transfers and/or Convenience
A minimum Interest Charge will be imposed in any billing cycle for which
Checks and Installment Plan Fees). We will assess Fees for Balance
an Interest Charge is payable and will appear on your Statement as a
Transfers and/or Convenience Checks to your Account in the same
Fee.
balance category to which the transaction is posted. Installment Plan
Fees will be charged monthly throughout the Installment Plan duration.
Balance Transfer Or Convenience Check Transaction Fee
You will be charged a transaction Fee, with a minimum and no
CANCELLATION
maximum, for each Balance Transfer and/or Convenience Check posted
To the extent permitted by law, Commerce Bank may cancel your
to your Account.
Account, refuse to allow further transactions against your Account or
revoke your Card(s) at any time (whether or not you are in default of any
Non Overdraft Cash Advance Transaction Fee
part of this Agreement) including, without limitation, when any affiliation
You will be charged a transaction Fee, with a minimum and no
you may have with a sponsoring organization ceases or when any
maximum, for each Cash Advance posted to your Account.
agreement we may have with the sponsoring organization is terminated.
Cancellation of your Account will not affect your liability to us for credit
Overdraft Cash Advance Transaction Fee
we have extended to you, including amounts not yet billed to your
You will be charged a transaction Fee for each Cash Advance resulting
Account. We may cancel your Account without prior notice or liability.
from the overdraft protection.
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.
Installment Plan Fee
You may be charged an Installment Plan Fee for each Installment Plan.
CONDITIONS OF DEFAULT
Each Installment Plan Fee will be disclosed prior to establishing the
We may consider you to be in default if we do not receive a required
Installment Plan and charged monthly throughout the Installment Plan
payment when due, including the minimum payment by the date shown
duration. The Installment Plan Fee will appear on your Statement.
on your Statement; you fail to comply with the terms of this Agreement;
you make any false or misleading statements or omissions on your
Annual Fee
application; you file a bankruptcy petition or have one filed against you;
Your Account may have an Annual Fee that will be added annually to
we obtain information that causes us to believe that you may be unwilling
your Account. Please see the ACCOUNT OPENING DISCLOSURE for
or unable to pay your debts to us or to others on time including, but not
information regarding the specific fee, if any, for your Account.
limited to, your failure to make any payment to us on any other
indebtedness or loan; you are declared incompetent by a court or a court
The imposition or payment of an Annual Fee does not affect or limit our
appoints a guardian/conservator for you or your assets; or you die.
right to terminate this Agreement, cancel your Account, and demand
payment, in a manner permitted by law, of any amounts owed on your
If we consider your Account to be in default, we may close your account
Account.
without notice and require you to pay the balance in a manner permitted
2
by law (subject to applicable law regarding notice or right to cure). To the
give to us, those from which you contact us or which we obtain through
extent permitted by law, if you are in default you will pay our collections
other means. Message and data rates may apply.
costs, attorneys' fees, court costs, and all other expenses of enforcing
our rights under this Agreement.
Indemnification
If you provide telephone number(s) for which you are not the subscriber,
ALLOCATION OF PAYMENTS
you understand that you shall indemnify us for any costs and expenses,
We will allocate your minimum payment in the manner we determine. If
including reasonable attorneys' fees, incurred as a result of us contacting
there are any active Installment Plans associated with the Account, we
or attempting to contact you at the number(s) provided. In the event any
will apply payment to the Installment Plan(s) first. We will then apply the
of your contact information changes, you agree to immediately notify us.
amount in excess of the minimum payment to balances with higher APRs
before balances with lower APRs and then to any Installment Plan
Communication Revocation
balance(s) in order of earliest Installment Plan expiration date.
If you do not want to receive communications as described in the
previous paragraph, you must: (i) provide us with written notice revoking
RECEIPT OF PAYMENTS
your prior consent, (ii) in that written notice, you must include your name,
Payments received before 5 PM CT at the address shown on your
mailing address, and the last four digits of your Account number: (iii)
Statement on any of our regular Business Days will be posted as of the
advise whether you would like communications to cease via mail, voice
date of receipt. Payments made in person before the close of business to
calls, telephone number(s), email, text/SMS, or cease in all forms; (iv) if
an employee at a Commerce branch will be posted as of date of receipt.
you are requesting communications to cease via telephone number(s)
Payments mailed to the address shown or made in person at a branch
and/or email, please provide the specific phone number(s) and email
must be accompanied by the Account number or payment stub, and in
address; (v) you must send this written notice to:
the form of a check or money order in U. S. Dollars drawn on a U. S.
financial institution. Do not send cash through the mail. A delay in
Commerce Bank
crediting the payment to your Account may occur if the payment does not
Attention - Commerce Bank Customer Service
meet these requirements for making payments (conforming
P.O. Box 411036, Kansas City, MO 64141-1036
payments). In no case shall such delay exceed five days from receipt of
such payment.
Telephone Conversation Recording
You consent and agree that our staff may monitor and/or record phone
The cutoff time for payments made on any of our regular Business Days
calls between you and our representatives without additional notice to
through Commerce as transfers from your Commerce deposit account
you, including but not limited to calls we make to service your account or
are as follows: Commerce ATM, 7:00 PM CT: Commerce Online
collect debt(s).
Banking, including Mobile Banking, 7:00 PM CT; Commerce Account
Information Line, 7:00 PM CT; Commerce Collections Department, 11:00
MILITARY LENDING ACT DISCLOSURE
PM CT. A payment made through Commerce Online Bill Pay will be
Federal law provides important protections to members of the Armed
posted on the Pay Date.
Forces and their dependents relating to extensions of consumer credit. In
general, the cost of consumer credit to a member of the Armed Forces
Conforming payments received after the respective cutoff time will be
and his or her dependent may not exceed an annual percentage rate of
posted no later than the next Business Day. Payments made by a third-
36 percent. This rate must include, as applicable to the credit transaction
party payor, will be posted as of the date we receive the payment.
or account: The costs associated with credit insurance premiums; fees
for ancillary products sold in connection with the credit transaction; any
When the due date falls on a weekend or holiday, your payment due
application fee charged (other than certain application fees for specified
date will be on the next Business Day.
credit transactions or accounts); and any participation fee charged (other
than certain participation fees for a credit card account). You can call toll
We may accept late payments, partial payments or checks and money
free to 855-225-1576 to hear the applicable required Military Lending Act
orders (or accompanying written communication) containing a statement
disclosures.
to the effect that the instrument was tendered as "payment in full," full
satisfaction of a disputed claim or other similar language without losing
MISCELLANEOUS PROVISIONS
any rights under this Agreement or under the law. All such payments or
You also agree that:
written communications must be mailed to: Commerce Bank, P.O. Box
We may refuse to extend credit to you or anyone using your
410857, Kansas City, MO 64141-1857.
Account or Card(s).
We will not be liable or responsible for anyone's refusal to honor
CHANGE OF TERMS
your Card(s).
Provided the Account is meeting the terms of this Agreement: (1) We will
Each Account you have with us is separate from any others you
not increase an introductory APR during any Introductory Rate period;
have with us, and Interest Charges will be charged on each
and (2) We will not increase any APR, Annual Fee or minimum Interest
Account's balance at the APR given with each Agreement. Each
Charge for 12 months following account opening, except for increases
individual Account will be designated by an individual Account
due to the expiration of an Introductory or Promotional Rate period, if
number.
any; changes in the Prime Rate; completion or failure of a temporary
Your Card(s) are Commerce Bank property.
hardship arrangement; application of a Penalty Rate; or the end
of
We may change the premium enhancements offered at any time
military service to which the provisions of the Servicemembers Civil
without further notice to you.
Relief Act (SCRA) apply ("Exceptions"). Otherwise, we may change the
Merchants with whom you've shared your Account number may be
terms of the Agreement at any time, after notice and the right to reject if
updated with new Account information to ensure the continuation of
required by law. Changes in any APR, other than the stated Exceptions,
your payment agreement.
Annual Fee or minimum Interest Charge will apply to new transactions
You will not use your Card(s) for any purpose that has been
created after the end of the 14th day following our providing notice to
deemed illegal. We reserve the right to deny authorization requests
you. If you reject a change, your Account will be cancelled and you will
from online gambling merchants, whether or not online gambling is
no longer be able to use the Account.
illegal in the state in which you reside.
Commerce Bank may share your Account experience and
Cancellation of your Account will not affect your liability to us for credit
transaction information with its Affiliates, which are members
we have extended to you, including amounts not yet billed to your
of the Commerce Family of Companies as defined in your
Account.
Privacy Statement. Unless you call 1-800-543-4845, you agree
that Commerce Bank and its Affiliates may also share other
ELECTRONIC RECORDS
information about you or your Account.
You agree that this document and all paper records related to your
You must notify us immediately at Commerce Bank, P.O. Box
Account and whether or not the other paper records were submitted,
411036, Kansas City, MO 64141-1036, if you believe any
received or obtained in advance of, contemporaneously with or
subsequent to, the delivery of this document may, at the option of
information we reported to a credit reporting agency is inaccurate.
Commerce Bank, be converted by any digital or electronic method or
SECURITY INTEREST
process to an electronic record or subsequently further converted or
migrated to another electronic record format or electronic storage
Collateral securing other loans with us may also secure this
indebtedness.
medium. You further agree that upon conversion to an electronic record
as authorized herein such electronic record shall be the record of the
CHANGES IN ADDRESS
transaction and the electronic record shall have the same legal force and
You agree to notify us immediately if you change your address.
effect as the paper documents from which it was converted. You waive
any legal requirement that any documents digitally or electronically
INTERPRETATION
converted be embodied, stored, or reproduced in a tangible media. You
The Agreement shall be governed by applicable federal law and
undersigned and agree that a printed or digitally reproduced copy of the
electronic record shall be given the same legal force and effect as a
regulations. To the extent not preempted by applicable federal law, this
signed writing. In addition, you authorize and agree to destruction of the
Agreement shall be governed by the laws of the state of Missouri, but
Commerce Bank will rely on the provisions of Nebraska law with respect
paper documents by Commerce Bank upon conversion of the paper
to the fees and charges (other than interest) that apply to your Account,
documents to a digital or electronic record.
as authorized by Missouri Revised Statutes Section 408.145.
COMMUNICATIONS CONSENT
Your Billing Rights: Keep this Document for Future Use
You expressly consent and agree that Commerce Bank and their
This notice tells you about your rights and our responsibilities
affiliates, agents, vendors, collections agencies, and service providers
may use written, electronic or verbal means to contact you. The ways in
under the Fair Credit Billing Act.
which we may contact you include, but are not limited to, contact by
What To Do If You Find A Mistake On Your Statement
manual calling methods, live operator calls, prerecorded or artificial voice
If you think there is an error on your Statement, write to us at:
calls and messages, text messages, emails, and/or automatic telephone
Commerce Bank, P.O. Box 411036, Kansas City, MO 64141-1036
dialing systems. You agree that Commerce Bank and their affiliates,
You may also send us this information via fax at 1-816-234-2811
agents, vendors, collections agencies, and service providers may contact
you by using any email address or any telephone number you provide,
now or in the future, including a number for a cellular phone or other
In your letter, give us the following information:
Account information: Your name and Account number.
wireless device, regardless of whether you incur charges as a result.
Phone numbers and email addresses, you provide include those you
Dollar amount: The dollar amount of the suspected error.
3
Description of problem: If you think there is an error on your
Agreement to Arbitrate
bill, describe what you believe is wrong and why you believe it
You and we agree that either of us may elect to resolve any Claims (as
is a mistake.
defined below) through binding arbitration unless you opt out of the
You must contact us:
agreement to arbitrate as set forth below, or unless prohibited by law. If
Within 60 days after the error appeared on your Statement.
you or we elect to resolve a Claim through arbitration, neither you nor we
At least 3 Business Days before an automated payment is
will have the right to pursue such claim in court or have a jury decide the
scheduled, if you want to stop payment on the amount you
claim, nor will you or we have the right to bring or participate in any class
think is wrong.
or other representative action in court or in arbitration.
You must notify us of any potential errors in writing. You may call us, but
if you do, we are not required to investigate any potential errors and you
What Claims are Subject to Arbitration? As used in this section, the term
may have to pay the amount in question.
"Claim" has the broadest possible meaning and includes, but is not
limited to, any unresolved disagreement, controversy, dispute, or cause
What Will Happen After We Receive Your Letter
of action between you and us, whether preexisting, present or future,
arising out of, related to or concerning this Agreement, your Account, the
When we receive your letter, we must do two things:
services provided pursuant to this Agreement, optional features including
1. Within 30 days of receiving your letter, we must tell you that we
but not limited to Special Connections and toggle®, any relationship
received your letter. We will also tell you if we have already corrected the
between you and us, or any advertisement or solicitation, whether such
error.
Claim is asserted or brought in a direct, derivative, assignee, survivor,
2. Within 90 days of receiving your letter, we must either correct the error
successor, beneficiary or personal capacity. Without limiting the
or explain to you why we believe the bill is correct.
foregoing, the term "Claim" also includes any unresolved disagreement,
controversy, dispute, or cause of action between you and us arising out
While we investigate whether or not there has been an error:
of, related to or concerning any fees or charges relating to any
We cannot try to collect the amount in question or report you
Account(s), and any services relating to any Account(s), optional
as delinquent on that amount.
features including but not limited to Special Connections and toggle
The charge in question may remain on your Statement, and
on-line or telephone banking services, communication methods and
we may continue to charge you interest on that amount.
practices we may use to service your Account, and ATM services. It also
While you do not have to pay the amount in question, you are
includes any disputes you have with our agents, contractors, employees,
responsible for the remainder of your balance.
officers or assignees, any merchants with whom you use the Account,
We can apply any unpaid amount against your credit limit.
any credit reporting agencies to whom we report the Account or any
After we finish our investigation, one of two things will happen:
other third party that has been involved or becomes involved with, or
If we made a mistake: You will not have to pay the amount in
whose trademarks are used in connection with, any purchasing,
question, or any Interest Charges or other Fees related to that
marketing, soliciting, servicing or credit reporting activity relating to your
amount.
Account. The Claims covered by this agreement to arbitrate include,
without limitation:
If we do not believe there was a mistake: You will have to pay
the amount in question, along with applicable Interest Charges
and Fees. We will send you a Statement of the amount you
Any disputes regarding: the application you prepared in
owe and the date payment is due. We may then report you as
connection with the issuance of your Account; any solicitation
delinquent if you do not pay the amount we think you owe.
or advertising materials you received in connection with your
Account; any activities relating to the maintenance or servicing
If you receive our explanation but still believe your bill is wrong, you must
of your Account; and any funds held by the Bank in connection
write to us within 10 days telling us that you still refuse to pay. If you do
with your Account;
so, we cannot report you as delinquent without also reporting that you
are questioning your bill. We must tell you the name of anyone to whom
Any disputes arising from the collection of amounts you owe in
we reported you as delinquent, and we must let those organizations
connection with your Account or the manner of collection;
know when the matter has been settled between us.
Any disputes concerning the dollar amount of payments made
If we do not follow all of the rules above, you do not have to pay the first
or transactions posted to your Account;
$50 of the amount you question even if your bill is correct.
Any disputes concerning the processing of items or funds
Your Rights If You Are Dissatisfied With Your Credit Card
transfers sent to the Bank for the purpose of posting to your
Purchases
Account;
If you are dissatisfied with the goods or services that you have
Purchased with your credit card and you have tried in good faith to
Any disputes regarding information obtained by us from, or
correct the problem with the merchant, you may have the right not to pay
reported by us to, credit bureaus or others;
the remaining amount due on the Purchase.
Any disputes related to insurance or other services or products
To use this right, all of the following must be true:
purchased from us in connection with your Account;
1. The Purchase must have been made in your home state or within
Any disputes regarding communications involving telephones,
100 miles of your current mailing address, and the purchase price
automatic dialing systems, artificial or prerecorded voice
must have been more than $50. (Note: Neither of these are
messages, SMS text messages or facsimile machines; and
necessary if your Purchase was based on an advertisement we
mailed to you, or if we own the company that sold you the goods or
Any disputes concerning the relationships resulting from this
services.)
Agreement, your Account or any of the foregoing.
2. You must have used your credit card for the Purchase. Purchases
made with Cash Advances from an ATM or with a check that
The term "Claim" includes claims of every kind and nature, including but
accesses your credit card Account do not qualify.
not limited to, initial claims, counterclaims, cross-claims and third-party
3. You must not yet have fully paid for the Purchase.
claims and claims based upon contract, tort, fraud and other intentional
torts, statutes, regulations, common law and equity. For purposes of this
If all of the criteria above are met and you are still dissatisfied with the
section, "we," "us," and "our" includes Commerce Bank, any corporate
Purchase, contact us in writing at:
parent, subsidiaries, affiliates, employees, officers, directors, agents,
controlling persons and representatives, as well as any person or entity
Commerce Bank P.O. Box 411036, Kansas City, MO 64141-1036
who provides any services in connection with this Agreement or who is
named as a co-defendant with us in a Claim asserted by you.
While we investigate, the same rules apply to the disputed amount as
discussed above. After we finish our investigation, we will tell you our
What Disputes are Not Subject to Arbitration? Notwithstanding any other
decision. At that point, if we think you owe an amount and you do not
language herein, the term "Claim" shall not include any dispute or
pay, we may report you as delinquent.
controversy regarding the validity, enforceability, coverage or scope of
this agreement to arbitrate or any part thereof, including, without
LIABILITY FOR UNAUTHORIZED USE
limitation, the "Waiver of Jury Trial and Class or Representative Action"
If your name appears on the Account for the Card(s) accompanying this
provision set forth below, subsections A and B of the "Survival and
Agreement, then by using or permitting another to use the Card(s) and/or
Severance" provision set forth below and this sentence; all such disputes
PIN, you agree to all the provisions of this Agreement, including, but not
are for a court and not the arbitrator to decide. In addition, claims filed
limited to your promise to pay. You will not be liable for unauthorized use
by you or us individually in small claims court, so long as any such claim
that occurs after you notify Commerce Bank orally or in writing.
remains in that court and advances only an individual claim for relief, are
Notification of loss, theft or possible unauthorized use may be mailed to
not subject to arbitration. However, if a claim is transferred, removed or
Commerce Bank, P.O. Box 411036, Kansas City, MO 64141-1036, or
appealed to a different court, you or we will then have the right to
you may call 1-800-645-2103.
demand arbitration of such claim. Other claims, disputes, controversies
or issues not subject to arbitration are set forth in the section titled
DISPUTE RESOLUTION - ARBITRATION
"Rights Preserved."
PLEASE READ THIS SECTION CAREFULLY. IT PROVIDES THAT.
How Does Arbitration Work? The arbitration shall be administered by the
WITH LIMITED EXCEPTIONS, YOU AND WE MAY ELECT TO
American Arbitration Association ("AAA"), pursuant to its Consumer
RESOLVE ANY DISPUTES BETWEEN YOU AND US BY BINDING
Arbitration Rules (collectively, "Rules") in effect at the time a demand for
ARBITRATION. IF ARBITRATION IS ELECTED, YOU AND WE WAIVE
arbitration is filed. The Rules are available online at www.adr.org, or you
THE RIGHT TO A JURY TRIAL OR TRIAL BEFORE A JUDGE IN A
may contact the AAA at 120 Broadway, Floor 21, New York, N.Y 10271.
PUBLIC COURT, AND YOU AND WE WAIVE ANY RIGHT TO BRING
If the AAA is unable to serve and you and we cannot agree on a
OR PARTICIPATE IN ANY CLASS ACTION OR SIMILAR
replacement, a court with jurisdiction will select the arbitrator. If there is a
PROCEEDING.
conflict between the Rules and this agreement to arbitrate, or between
this agreement to arbitrate and the Agreement, this agreement to
YOU HAVE THE RIGHT TO OPT OUT OF THIS AGREEMENT TO
arbitrate shall control. Pursuant to the Rules, the AAA will select a single
ARBITRATE AS SET FORTH BELOW.
arbitrator who shall have expertise in the substantive laws applicable to
the Claim's subject matter. If the value of relief sought is $10,000 or less,
you or we may elect to have the arbitration conducted by telephone or
4
based solely on the submission of written documents, unless the Rules
persons or entities who wish to reject this agreement to arbitrate to
or arbitrator requires an in-person proceeding. If the value of the relief
personally comply with the notice and time requirements of this opt-out
sought is more than $10,000, or an in-person proceeding is required, the
provision. The agreement to arbitrate is the only section of this
arbitration proceeding shall be conducted in the same city as the U.S.
Agreement that you can opt out of.
District Court closest to your home address, unless the parties mutually
agree upon a different location in writing. Either party may, at its sole
Waiver of Jury Trial and Class or Representative Action. UNLESS YOU
cost and discretion, choose to be represented by an attorney at any
REJECT THIS AGREEMENT TO ARBITRATE IN ACCORDANCE
arbitration proceeding.
WITH THE TERMS OF THIS SECTION, YOU AND WE AGREE THAT
IF A CLAIM IS ARBITRATED, NEITHER YOU NOR WE WILL HAVE
The arbitrator may award any damages or other relief provided for under
THE RIGHT TO (i) PARTICIPATE IN A CLASS ACTION IN COURT OR
applicable law as if an individual action were brought in court, including,
IN ARBITRATION, EITHER AS A CLASS REPRESENTATIVE OR
without limitation, punitive damages (which shall be governed by the
CLASS MEMBER, (ii) ACT AS A PRIVATE ATTORNEY GENERAL OR
Constitutional standards employed by the courts) and injunctive,
IN ANY OTHER REPRESENTATIVE CAPACITY ON BEHALF OF THE
equitable and declaratory relief (but only in favor of the individual party
GENERAL PUBLIC OR OTHER PERSONS SIMILARLY SITUATED IN
seeking relief and only to the extent necessary to provide relief
COURT OR IN ARBITRATION OR (iii) HAVE A COURT OR A JURY
warranted by that party's individual claim). If we made a written offer to
RESOLVE THE CLAIM. MOREOVER, UNLESS MUTUALLY AGREED
you to settle your Claim prior to an arbitrator being selected, and the
UPON IN WRITING BY ALL PARTIES, CLAIMS MAY NOT BE
arbitrator awards you an amount greater than our last offer, if any, we will
JOINED, CONSOLIDATED, OR OTHERWISE COMBINED WHETHER
(i) pay you the arbitrator's award or $5,000, whichever is greater, and (ii)
OR NOT ANY SUCH COMBINATION OCCURRED AS A RESULT OF
pay your reasonable attorney, witness and expert fees and costs, if any.
AN ASSIGNMENT.
Judgment on the arbitrator's award is final and binding and may be
entered in any court of competent jurisdiction.
Rights Preserved. In addition to subjects excluded from arbitration in
accordance with the provision titled "Which Disputes are Not Subject to
The arbitrator, you and we will not disclose the existence, content or
Arbitration?" this agreement to arbitrate does not prohibit you or us, at
outcome of any arbitration proceeding; provided, however, that
any time, from (a) exercising any lawful rights to preserve or obtain
disclosures required by applicable law or regulation shall not be subject
possession of property or self-help remedies, including but not limited to,
to such restriction. The foregoing sentence does not prohibit any party
the right to set-off, the right to restrain funds in a deposit account,
from, in good faith, investigating a claim or defense, including
recoupment, repossession, replevin or trustee's sales; (b) obtaining
interviewing witnesses or otherwise engaging in discovery as permitted
provisional or ancillary remedies or injunctive relief (other than a stay of
by the Rules. No arbitration award involving the parties will have any
arbitration), including but not limited to attachment, garnishment,
preclusive effect as to issues or claims in any dispute involving anyone
interpleader or the appointment of a receiver by a court of appropriate
who is not a party to the arbitration, nor will an arbitration award in prior
jurisdiction; or (c) bringing an individual action in court that is limited to
disputes involving other parties have preclusive effect in an arbitration
preventing the other party from using a self-help or non-judicial remedy
between the parties to this agreement to arbitrate.
and that does not involve a request for damages or monetary relief of
any kind.
How is Arbitration Initiated? If you or we elect to arbitrate a Claim, the
party electing arbitration must notify the other party in writing. This notice
Conflict, Survival and Severance. In the event of any conflict or
can be given after the beginning of a lawsuit and can be given in papers
inconsistency between this agreement to arbitrate and other provisions
filed in the lawsuit (for example, a motion by the defendant to compel
of this Agreement or the Rules, this agreement to arbitrate will govern.
arbitration of claims asserted by the plaintiff in a lawsuit filed in court).
This agreement to arbitrate shall survive any termination of or changes to
Otherwise, your notice must be sent to Commerce Bank, Attn: ADR
any of your Account subject to this Agreement; the transfer or
Notice, P.O. Box 413037, Kansas City, MO 64141-3037, and our notice
assignment of any of the foregoing; and the bankruptcy of any party to
will be sent to the most recent address for you in our files. If a party files
the extent permitted by law. If any term or provision of this agreement to
a lawsuit in court asserting Claim(s) that are subject to arbitration and the
arbitrate is held to be unenforceable, prohibited or invalid, the remaining
other party files a motion to compel arbitration with the court which is
provisions shall be enforced without regard to such illegal or
granted, it will be the responsibility of the party asserting the Claim(s) to
unenforceable term or provision, except that:
start the arbitration proceeding in accordance with the Rules.
(A) if any provision of this agreement to arbitrate regarding
Who Pays for Arbitration? Except as otherwise provided herein, we will
class action, class arbitration, private attorney general action, other
pay the filing, administration and arbitrator fees charged by the AAA for
representative action, joinder, or consolidation is determined by an
any arbitration initiated in accordance with this agreement to arbitrate. If
authority of competent jurisdiction to be unenforceable or illegal, such
you pay any initial filing fee, we will reimburse you. If you cannot afford to
provision shall not be severable and this agreement to arbitrate between
pay any initial filing fees, we will pay them for you. We will pay any fees
you and us (except for this sentence) shall be null and void, provided that
or expenses that we are required to pay by law or the Rules or that we
such determination of unenforceability or illegality shall be subject to
are required to pay for this agreement to arbitrate to be enforced.
appeal. The parties acknowledge and agree that under no circumstances
will a class action, private attorney general action or other representative
The arbitrator will have the authority to award fees and costs of
action be arbitrated; and
attorneys, witnesses and experts to the extent permitted by the Rules,
this agreement to arbitrate, the Agreement, or applicable law. We will not
(B) if a Claim is brought seeking public injunctive relief and a
seek to recover from you any fees or expenses we pay on your behalf, or
court determines that the restrictions in the "Waiver of Jury Trial and
any attorney, witness or expert fees or other costs or expenses we incur
Class or Representative Action" provision or elsewhere in this agreement
in defending an individual arbitration commenced by you.
to arbitrate prohibiting the arbitrator from awarding relief on behalf of
Notwithstanding the foregoing, if the arbitrator finds that a Claim is
third parties are unenforceable with respect to such Claim (and that
frivolous or brought in bad faith or for an improper purpose, then the
determination becomes final after all appeals have been exhausted), the
payment of all fees, costs and expenses shall be determined by the
Claim for public injunctive relief will be determined in court and any
Rules.
individual Claims seeking monetary relief will be arbitrated. In such a
case the parties will request that the court stay the Claim for public
What Law is Applicable? You and we agree that our relationship
injunctive relief until the arbitration award pertaining to individual relief
includes transactions involving interstate commerce and that this
has been entered in court. In no event will a Claim for public injunctive
agreement to arbitrate and any arbitration rule, proceeding and award
relief be arbitrated.
pursuant to the terms hereof, are governed by and enforceable pursuant
to the provisions of the Federal Arbitration Act ("FAA") U.S.C. § 1, et
DISPUTE RESOLUTION JURY TRIAL WAIVER
seq.). Notwithstanding anything to the contrary in the Agreement, to the
You and we agree that in the event that any Claim or dispute between us
extent that state law is applicable, including with respect to the
is not arbitrated but instead is resolved in court, you and we knowingly
interpretation and enforcement of this agreement to arbitrate, Missouri
and voluntarily waive the right to a jury trial to the full extent permitted by
law shall apply to the extent consistent with the FAA. The arbitrator shall
applicable law.
decide the claim in accordance with applicable substantive law and the
terms of this Agreement, and shall apply all statutes of limitation and
honor attorney-client and other privileges.
If you have any questions regarding this Agreement, or our current fee
schedule, write to us at Commerce Bank, P.O. Box 411036, Kansas
How do I Opt Out of the Agreement to Arbitrate? If you do not accept
City, MO 64141-1036, or call us at 1-800-645-2103.
this agreement to arbitrate, you may reject it ("opt out"). If you opt out,
neither you, nor we, will be subject to the requirement to resolve any
(Effective 2/26/2020)
claim by arbitration or any other provision of this section.
To opt out, you must send us written notice of your decision to reject this
agreement to arbitrate to the address set forth below. We must receive
your written notice by the later of: (i) May 1, 2020 or (ii) thirty (30) days
after we sent you this Agreement via US Mail, through electronic
disclosure, provided it to you in person, or by other reasonable delivery
method. Your written opt out notice must: (a) include a signed statement
that you reject the agreement to arbitrate set forth in this Agreement; (b)
include your name, address and the Account number you wish to opt out;
and (c) be sent to us at the following address: Commerce Bank, Attn:
ADR Credit Card Opt Out, P.O. Box 414220, Kansas City, MO 64141-
4220.
This is the only way you can reject this agreement to arbitrate. If you opt
out, it will not affect any other terms of this Agreement, and it will not
adversely affect your Account or any relationship between you and us.
Your rejection of this agreement to arbitrate shall not be imputed to any
other person or entity or be deemed to be a rejection of this agreement
to arbitrate by any person or entity other than you. Nor shall your
rejection of this agreement to arbitrate eliminate the obligation of other
5
Commerce Bank
OPTIONAL FEATURES
Member FDIC
Commerce Bank credit cards may come with optional credit card
transfer funds between, or learn the balances in your checking, regular
payment features, including Special Connections and toggle®. The
savings or money-market accounts; (ii) use funds from your checking,
Special Connections and toggle features are offered at the sole
regular savings, and money-market accounts to make payments on your
discretion of Commerce Bank ("Commerce") to Accountholders ("You" or
Commerce credit cards, lines of credit or loans or (iii) take cash
"Your") that have Qualified Commerce Bank Credit Card Accounts. A
advances on your Commerce credit cards.
"Qualified Commerce Credit Card Account" means any open Account
that is not designated by Commerce as lost, stolen, fraud transferred,
The account(s) you designate for ATM accessibility will be considered
credit revoked, closed, bankrupt, charged off, or in Consumer Credit
your Special Connections Feature at the ATM account(s) (each, an
Counseling or recovery. By using these optional features, you
"ATM Account"). If you wish to designate one or more checking accounts
acknowledge that you have read and accepted the Commerce Bank
as an ATM Account, then you must designate one of those checking
Special Connections terms and conditions ("Special Connections
accounts as your Point of Sale Account as defined below. In order to
Terms and Conditions") and the Commerce Bank toggle terms and
have ATM access to your checking accounts, you must at all times
conditions ("toggle Terms and Conditions") which shall govern your use
maintain a Point of Sale Account. If you no longer have a Point of Sale
of and rights under these optional features.
Account, then you will lose ATM access to all of your checking accounts.
The Special Connections Terms and Conditions and toggle Terms
Commerce has no control over the functionalities offered at non-
and Conditions are a separate agreement and are not part of your
Commerce ATMs. Some or all of these features may not be available at
Agreement.
all non-Commerce ATMs and some ATMs may allow you to perform
other functions not mentioned here, including the ability to make
SPECIAL CONNECTIONS FEATURE
purchases (e.g. stamps). If at any time you use a non-Commerce ATM to
With this feature ("Special Connections Feature"), and as permitted
request to take money from an account that you do not have or if the
from time to time, you may use your Card to access Commerce Bank
non-Commerce ATM does not prompt you to select a specific account
Special Connections Feature-eligible deposit accounts, credit cards,
from which to take the money, then you agree that Commerce will
lines of credit, and/or loans. You may request the Special Connections
attempt to comply with your request by providing you with money from
Feature from a Commerce Bank branch, through Commerce Bank
one of your open ATM Accounts. Cash withdrawals may be taken from
Online Banking, or from our Customer Service Department at 1-800-645-
any open deposit ATM Account owned by you and cash advances may
2103. These features are not automatically activated.
be taken from any credit card ATM Account owned by you.
For customers with a Special Connections Visa® or Mastercard credit
Point of Sale Transaction
card, please note: The Special Connections Feature is different from a
You may designate one (1) checking account as your Special
Commerce Bank Special Connections Visa or Mastercard credit card.
Connections SM Feature at the point of sale account ("Point of Sale
The Special Connections Feature allows you to add certain
Account"). At merchants that have agreed to accept the Card on
functionality to any Commerce Bank-issued credit card, including
networks utilized by us and support the Special Connections Feature,
Commerce Bank's Special Connections Visa or Mastercard credit card.
you can use funds in your Point of Sale Account to pay for your
However, your Special Connections Visa or Mastercard credit card is
purchases. The use of your Card in this manner constitutes a
not automatically enabled with the Special Connections Feature. You
simultaneous withdrawal from and/or demand upon your checking
must proactively enroll any credit card, including your Special
account, even though the transaction may not actually be posted to your
Connections Visa or Mastercard credit card, in the Special
account until a later date. Merchants decide how to interact with the
Connections Feature in order for that card to utilize the Special
Special
Connections Feature and the experience may vary.
Connections Feature's capabilities described herein.
Only Commerce checking accounts are eligible for this functionality and
ELECTRONIC FUND TRANSFERS
only one (1) Commerce Bank checking account can be designated as
The following provisions apply only to electronic fund transfers ("EFTs").
the Point of Sale Account at any one time. Your Point of Sale Account
EFTs are any transfer of funds initiated with your Card(s) at an ATM or
shall always remain as an ATM Account. If at any time you instruct
as a debit transaction at Point of Sale. We can cancel these services at
Commerce to remove the Point of Sale capabilities from your card, you
any time and for any reason without notice. We can also cancel your
will no longer have access to any of your checking accounts at the ATM.
entire Account, including credit card services, and revoke your Card(s)
as provided in the CANCELLATION paragraph above. This may be done
ATM and Point of Sale transactions will post to your checking account(s)
by an ATM or merchant not returning your Card(s) to you. We may
as detailed in your Deposit Agreement.
change the terms of this Agreement relating to EFTs without notice to
you unless required by law.
Foreign Transaction
For transactions occurring outside of the United States, the nature of
TELEPHONE NUMBER AND ADDRESS TO BE NOTIFIED IN EVENT
which is unspecified to us, we will apply the transaction to accounts in
OF UNAUTHORIZED TRANSFER
the following order: checking, money-market, regular savings,
Commerce Visa or Commerce Mastercard.
Tell us AT ONCE if you believe your card has been lost or stolen, or if
you believe that an electronic fund transfer has been made without your
permission using information from your check. Telephoning is the best
Limitation on Frequency of Transfers. There are no limitations on the
way of keeping your possible losses down. You could lose all the money
number of transfers that can be made during any time period to or from
in your account plus your maximum overdraft line of credit. If you tell us
any deposit account, except as provided by federal regulations limiting
within 2 business days after you learn of the loss or theft of your card,
preauthorized transfers. By federal regulation, you are limited during any
you can lose no more than $50 if someone used your card without your
statement cycle to six preauthorized transfers (three of which may be by
permission.
check, draft or similar order if the account is a money market-type
account).
If you do NOT tell us within 2 business days after you learn of the loss or
theft of your card, and we can prove we could have stopped someone
Limitation on Dollar Amount of Transfers. The balance available for
from using your card without your permission if you had told us, you
authorizing purchases and cash withdrawals is the lesser of 1) your
could lose as much as $500.
available deposit account balance, plus any credit available through an
overdraft protection line of credit or through any overdraft authorized by
Also, if your statement shows transfers that you did not make, including
us in our sole discretion, OR 2) daily dollar limitations. For cash
those made by card, code or other means, tell us at once. If you do not
advances against a Commerce Bank credit card, you may withdraw cash
tell us within 60 days after the statement was mailed to you, you may not
up to the lesser of your credit line or daily dollar limitations. In addition,
get back any money you lost after the 60 days if we can prove that we
daily withdrawal frequency limitations may apply to cash advances.
could have stopped someone from taking the money if you had told us in
Dollar limitations may differ at ATMs other than ours.
time. If a good reason (such as a long trip or a hospital stay) kept you
from telling us, we will extend the time period. By permitting another
Online Gambling. You agree that you will not use your card for any
person to use the card, you authorize and are fully liable for any
purpose that has been deemed illegal. We reserve the right to deny
transactions that person initiates until that person's authority is ended.
authorization requests from online gambling merchants, whether or not
You may only end that person's authority by notifying us.
online gambling is illegal in the state in which you use your card.
If you believe your card has been lost or stolen, or that someone has
Reservations and Merchant Authorization. Under certain
transferred or may transfer money from your account without your
circumstances, a merchant (e.g., hotel) may require the use of a card to
permission, call us at 1-800-617-7480 or write to us at Commerce Bank,
guarantee reservations that may result in a hold on the available funds
in
PO Box 411036, Kansas City, MO 64141-1036. You should also call the
the account. If you cancel any guaranteed reservation made using the
number or write to the address listed above if you believe a transfer has
card, you must obtain a cancellation number. If you fail to do so, the hold
been made using the information from your check without your
placed for the guaranteed reservation will not be canceled and the
permission.
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.
ATM Transaction
POINT OF SALE TRANSACTIONS
At the ATM, insert your Card and enter the credit card PIN that you
The use of your card with the Special Connections Feature to
established for this Card to (i) withdraw cash from, deposit money in,
purchase goods and services constitutes a simultaneous withdrawal from
and/or demand upon your checking account, even though the transaction
may not actually be posted to your account until a later date. Any person
6
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
dollar amount of the suspected error.
Special Connections Feature, except recurring preauthorized transfers
Describe the error or the transfer you are unsure about, and explain
as described in this Agreement.
as clearly as you can why you believe it is an error or why you need
more information.
Overdrafts. You are responsible for all authorized transactions initiated
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
with the merchant.
balance (overdraft) in your checking account results from the use of the
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 EFT services are disclosed in our fee schedule. You will
us to complete our investigation. If we ask you to put your complaint or
receive a fee schedule at account opening. You may request a copy of
question in writing and we do not receive it within 10 business days, we
our current fee schedule at any Commerce branch or by contacting 1-
may not credit your deposit account.
800-453-2265. When you use an ATM not owned by us you may be
charged a fee by the ATM operator (or any network used) for a
For errors involving new accounts, point-of-sale, or foreign-initiated
transaction or for a balance inquiry even if you do not complete a fund
transactions, we may take up to 90 days to investigate your complaint or
transfer.
question. For new accounts, we may take up to 20 business days to
credit your account for the amount you think is in error.
RIGHT TO RECEIVE DOCUMENTATION OF TRANSFERS
We will tell you the results within three business days after completing
Terminal Receipts. You will get a receipt at the time you make any
our investigation. If we decide that there was no error, we will send you a
transfer to or from your deposit account using an ATM or electronic POS
written explanation. You may ask for copies of documents that we used
terminal.
in our investigation.
TOGGLE FEATURE
Preauthorized Credits. If you have arranged to have direct deposits
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) demand deposit accounts (each a "DDA") to
have a deposit account upon which checks or drafts may be drawn. You
Your Qualified Commerce Credit Card Account for the use of the toggle
will get a monthly deposit statement on your regular savings account if
payment feature.
there are electronic transfers during the month. In any case, you will get
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
of any of the applicants ("Authorized Users") will have access to the
transfers you make:
linked DDA through the use of Your Account.
Where it is necessary for completing transfers. Merchants with
whom you've shared your account number may be updated with
Any DDA that has been designated by Commerce as having a
new account information to ensure the continuation of your payment
garnishment, a closed-to-posting restriction, or has been forced to close
agreement.
by Commerce, will not be eligible to link to Your Account for the purpose
In order to verify the existence and condition of your account for a
of the toggle payment feature. Small Business banking accounts will not
third party, such as a consumer reporting agency or merchant.
be eligible to link to Your Account for the purpose of the toggle payment
In order to comply with government agency or court orders.
feature.
If you give us your permission.
In accordance with our current Privacy Policy Notice.
If You link a non-Commerce DDA to Your Account, You must provide
Commerce with the account number and the routing information for that
RIGHT TO STOP PAYMENT OF PREAUTHORIZED TRANSFERS AND
financial institution. Certain transaction restrictions may apply to such
PROCEDURES FOR DOING so; RIGHT TO RECEIVE NOTICE OF
non-Commerce DDAs. Please refer to such bank's terms and conditions
VARYING AMOUNTS; AND OUR LIABILITY FOR FAILURE TO STOP
of Your DDA for applicable fees, restrictions and/or limitations of Your
PAYMENT
DDA.
If you have told us in advance to make regular payments out of your
deposit account, you can stop any of these payments. Here's how: Call
PAYMENT PREFERENCES
us at 1-800-617-7480 or write us at Commerce Bank, PO Box 411036,
"Payment Preferences" means the selection of a category, setting and/or
Kansas City, MO 64141-1036 in time for us to receive your request three
amount you choose to determine if a credit card purchase is to be paid
business days or more before the payment is scheduled to be made. If
for from your linked DDA or if it is to remain a part of your credit card
you call, we may also require you to put your request in writing and get it
balance.
to us within 14 days after your call.
PAY NOW
Notice of Varying Amounts. If these regular payments may vary in
"Pay Now® means a credit card purchase that will be automatically paid
amount, the person you are going to pay will tell you, 10 days before
for from Your DDA according to Your Payment Preferences. Any
each payment, when it will be made and how much it will be. You may
purchase made by You or an Authorized User with Your Account, will be
choose to get this notice only when the payment would differ by more
paid for from the DDA that has been linked to Your Account, and in
than a certain amount from the previous payment, or when the amount
accordance with the Payment Preferences that have been selected by
would fall outside certain limits that you set.
the applicants of the Account.
Liability for Failure to Stop Payment of Preauthorized Transfers. If
When a toggle credit is posted to your Account, we reserve the right to
you order us to stop one of these payments three business days or more
place a temporary hold on the available credit created by the toggle
before the transfer is scheduled, and we do not do so, we will be liable
credit. toggle does not, nor is it intended to, shorten the time frame in
for your losses or damages.
which your available credit is replenished after a payment to your
Account.
Our Liability for Failure to Make Transfers. If we do not complete a
transfer to or from your deposit account on time or in the correct amount
Purchases may take 1-2 business days to post to Your Account following
according to our Agreement with you, we will be liable for your losses or
the date of Purchase. After the Purchase has posted to Your Account, an
damages. However, there are some exceptions. We will not be liable, for
ACH may take 1-2 business days to appear as a debit on Your DDA.
instance:
If through no fault of ours, you do not have enough money in your
Payments are not applied to the required minimum payment due on Your
account to make the transfer.
Statement each month. You will still have a required minimum payment
If the transfer would go over the credit limit on your overdraft line.
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due each month, which will appear on Your Statement and will be
(but in no event less than three business days). Commerce reserves the
subject to the terms of Your cardholder agreement.
right to decline or cancel toggle service at any time.
PAY LATER
"Pay Later" means any Purchase that is made with Your Account that will
not be automatically paid for from a DDA, and will become a part of your
outstanding credit card balance.
You may choose to use the Pay Later feature for Your Purchases by
choosing not to activate a specific Payment Preference, by deactivating
a previously chosen Payment Preference, by cancellation of a linked
DDA, or by the cancellation of the toggle payment feature from Your
credit card Account.
UNWIND
"Unwind means the ability to return funds that were used to pay for a
Purchase from Your DDA with the Pay Now™ feature, and to have the
original Purchase placed back on to Your Account.
You will have up to 30 calendar days to use the Unwind feature for a
Pay Now™ feature Purchase. When the Purchase posts back to Your
Account, it will post with the original transaction date, and will be subject
to interest charges according to the terms of Your Cardholder
Agreement. We reserve the right to limit the total amount of your
Unwind feature requests from exceeding the available credit for Your
Account.
TOGGLE ON DEMAND™
"toggle On Demand means any credit card purchase that You
manually choose to be paid from either Your DDA or reward points after
the transaction posts to Your Account.
ACH RETURNS
If an ACH payment request is returned for any reason, the original
Purchase that initiated that ACH payment request will be posted back to
Your Account and will be due according to the terms of Your Agreement.
An ACH return for any reason will result in the deactivation of any active
Payment Preferences for the DDA that caused the return, and any other
DDA that might share an active Payment Preference. Your Payment
Preferences will remain deactivated until such time that you re-activate
Your Payment Preferences.
If Your Payment Preferences are not active, any pending and future
Purchases that previously matched that Payment Preference, will post to
Your Account and will not initiate an ACH payment request. These
Purchases will become a part of your outstanding credit card balance
with Commerce and will be due according to the terms of Your
Agreement.
If You have linked a Commerce DDA to Your Account, any ACH
payment request that would result in an overdraft of Your DDA will be
returned to Your Account, and no overdraft or insufficient funds fees will
be assessed to You. If you have linked a non-Commerce DDA to Your
Account, You may be assessed overdraft and/or insufficient funds fees
according to that financial institution's deposit agreement.
toggle 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
regard to the toggle payment feature for Your Account. You will not be
able to turn off these notifications. You agree that You are responsible
for maintaining a valid email address and agree to notify us of any
change in Your email address. You can change the email address for
account notification at any time through Commerce Online Banking.
Should delivery of the account notification be unsuccessful, it remains
Your responsibility to monitor Your toggle Payment Preferences in a
timely manner from Commerce Online Banking.
GENERAL TERMS & CONDITIONS
You must be enrolled in a Commerce Rewards Program in order to
receive rewards for Your Purchases.
Commerce reserves the right, in its sole discretion, to suspend, cancel or
modify the toggle payment feature at any time and for any reason and
without prior notice.
Commerce reserves the right, in its sole discretion, to add, delete,
change or revise these toggle Terms and Conditions including, but not
limited to, qualifications for participation in toggle
Commerce reserves the right, in its sole discretion, to disqualify any
Accountholder from participation in toggle in cases of actual or
suspected abuse, fraud, violations of these toggle Terms and Conditions
or any actual or suspected abuse or fraud with respect to the Account or
DDA.
Neither Commerce nor its third-party service providers, their respective
employees, officers, affiliates or agents will be liable to You for any
action or inaction any of them take or fail to take with respect to toggle
or any changes to these toggle Terms and Conditions.
All trademarks, service marks and trade names used by Commerce for
toggle®, including the toggle design are property of Commerce. No use
of these may be made without the prior written authorization of
Commerce.
By using toggle®, You agree to all of the toggle® features, limitations and
restrictions contained in these toggle Terms and Conditions as well as
any additional terms and conditions contained in any programs,
promotions or transactions that may be offered to You from time-to-time
and any terms and conditions contained in any document issued to You
by Commerce.
This authorization is to remain in effect until Commerce has received
electronic notice of termination from You. You may terminate toggle
electronically through Online Banking, or by contacting us at 1-800-645-
2103. Your notice must be sent in such time and manner as to afford
Commerce Bank a reasonable opportunity to act upon the termination
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