Commerce Bank
FDIC
CARDHOLDER AGREEMENT
This cardholder agreement ("Agreement") is for your Account with
Card(s). We can increase or decrease your Credit Limit and/or Cash
Commerce Bank, and the Card(s) which has/have been given to you in
Limit at any time without prior notice or liability. A change to your Credit
connection with your Account. Such Account and Card(s) provide you
Limit and/or Cash Limit will not affect your obligation to pay us.
with credit card services and ATM Services. "You" and "your" mean any
applicant for the Account and any person using the Account and/or
We may decline, at any time in our sole discretion, an authorization
related Card(s) with the expressed or implied permission of any of the
request for any transaction for any reason, included but not limited to:
applicants. Any person whose name appears on the Account for the
operational considerations,
Card(s) accompanying this Agreement consents, either by using or
your Account is in default,
permitting another to use the Card(s), to all provisions of this Agreement
we suspect fraudulent or unlawful activity
and the related Security Agreement and Assignment of Secured Credit
Card Savings Account and Deposit Account Agreement. "We", "us" and
We are not responsible for any losses or damages, including
"our" means Commerce Bank, our successors and assigns.
consequential damages, if a transaction on your Account is declined,
either by us or a third party, even if you have sufficient credit available.
This Agreement contains an arbitration provision, a class action
waiver, and a jury trial waiver. Please read the entire section titled
INSTALLMENT PLAN
"DISPUTE RESOLUTION - ARBITRATION" and the section titled
Installment Plans may be available for eligible Accounts to initiate and
"DISPUTE RESOLUTION - JURY TRIAL WAIVER."
can be used for qualifying transaction(s) only; and not for a Cash
Advance, Balance Transfer, or any Fee owed to us. When selecting an
In this Agreement:
Installment Plan, the qualifying transaction(s) will be moved to an
Account is your credit card account.
Installment Plan balance and may be subject to an Installment Plan Fee
Annual Fee is a fee charged on a yearly basis for your continued use of
instead of the periodic interest rate. If you do not pay your entire
the Account.
Installment Plan balance in the pre-selected amount of billing cycles, any
APR is Annual Percentage Rate.
remaining balance will be transferred to your applicable Purchase or
ATM is Automated Teller Machine.
Convenience Check balance and your respective periodic interest rate
Balance Transfer is an advance made when transferring a balance from
applied.
another creditor to your Account.
Business Days are Monday through Friday. Federal holidays are not
We may limit the number of active Installment Plans you can have at one
included.
time and reserve the right to change this number at any time. Installment
Card is the credit card(s) given to you in connection with your Account.
Plans cannot be cancelled after they have been set up, but you can
Cash Advance includes:
choose to pay the Installment Plan early by paying the new balance,
Non-Overdraft Cash Advance is an advance made by means of
shown on your most recent Statement, in full. If you pay an Installment
an electronic device or machine, or a financial institution teller, or for
Plan off early, you will not incur any future Installment Plan Fees for that
the purchase of wire transfers, non-U.S. currency, travelers' checks,
Installment Plan.
money orders, lottery tickets and casino gaming chips.
Overdraft Cash Advance is an advance made by means of
In the event you return items from an Installment Plan, we will choose
overdraft protection.
how to apply the credit to your existing Account balances, including
Cash Limit is the maximum dollar amount of your Credit Line, as defined
whether to apply a credit to an Installment Plan balance or a different
herein, available for Cash Advances.
balance.
Charges are costs imposed as part of this Agreement and include both
interest and fees.
PROMISE TO PAY
Convenience Check is a check provided to you to access credit from
You promise to pay for all Purchases, Balance Transfers, Convenience
your Account.
Checks, Installment Plans and Cash Advances made by you through the
Daily Balance is determined, for each day in the billing cycle, by taking
use of the Account. In addition, you promise to pay all other amounts
the beginning balance, adding any new transactions or other debits,
owed due to use of the Account by anyone else you authorize to use the
(excluding any active Installment Plans) and subtracting any payments or
Account until such person's authority is ended. You may only end such
other credits.
person's authority by notifying us in writing and returning to us any Card
Daily Periodic Rate is the APR divided by 365.
such person may have. All of you are responsible, both together and
Fees are non-Interest Charges, including transaction fees.
individually, for the entire Account balance even though only one of you
Grace Period means the period of time during the billing cycle when you
uses the Account.
will not accrue Interest Charges on certain transactions or balances.
Installment Plan is a feature that can be used to make fixed monthly
SECURED CREDIT CARD SAVINGS ACCOUNT
payments over a pre-selected number of billings cycles for qualifying
You are required to open a pledged account ("Pledged Account") which
transaction(s).
will serve as security for your Obligations and execute a security
Installment Plan Fee is a fee charged on a monthly basis on all active
agreement and assignment of secured credit card savings account
Installment Plans.
("Savings Account"). The owners of the Savings Account and the
Interest Charges are the portion of Charges attributed to periodic
Pledged Account must be the same. The issuance of your Card or
interest rates.
increase of your credit limit may be delayed for a reasonable period of
PIN is Personal Identification Number.
time, following the deposit of funds to the Pledged Account.
Prime Rate is the U.S. Prime Rate published in The Wall Street Journal
in its column called "Money Rates" on the last Business Day of each
Collateral securing other loans with us may also secure this
month.
indebtedness.
Obligations are any and all amounts owed under this Agreement
including, but not limited to, Purchases, Cash Advances and Charges.
BILLING STATEMENTS
Promotional Balance is the balance subject to the Promotional Rate.
Approximately once a month, you will receive a Statement. On average,
Balances subject to Introductory Rates are included.
your payment is due within 25 days from the date of the Statement
Promotional Rate is a rate other than the standard rate, tied to a special
(payment due date).
offering. A Promotional Rate offered when you open your Account may
be called an Introductory Rate.
PAYMENT OPTIONS
Purchase means purchase of merchandise or services on the Account
You may pay the new balance shown on your Statement each month or
plus Charges, but does not include any Balance Transfer, Convenience
you may pay in monthly installments. If you decide to pay in monthly
Check, Cash Advance, Installment Plan and related Fees or Interest
installments, you must pay at least the minimum payment on your
Charges.
Statement. The minimum payment will include the sum of all active
Secured Credit Card Savings Account ("Pledged Account") is a
Installment Plan payments due, plus the greater of:
deposit account that serves as collateral for your Obligations.
Statement is your billing statement.
$30.00 or the full amount of your total balance (excluding any active
Installment Plan balances) if it is less than $30.00; or
CREDIT CARD SERVICES
1.00% of your new balance (excluding any active Installment Plan
The following provisions relate only to credit card services except as
balances) plus any amounts that are past due, plus Fees (excluding
otherwise applicable.
Balance Transfer and/or Convenience Check Fees) and Interest
Charges accumulated during the billing period.
ACCOUNT DESCRIPTION
At Account opening, we will grant you a line of credit with a minimum
When a payment is posted to your Account, we reserve the right to
dollar limit of $400, and a maximum dollar limit of $5,000 equal to the
restrict or delay all or part of the available credit created by the payment.
amount you deposit into your Pledged Account ("Credit Limit") and may
The restriction or delay of the available credit is for risk management or
designate a "Cash Limit". If your account is in good standing, you may
other related purposes, including but not limited to protection against
subsequently increase the credit limit by depositing additional funds in
actual or potential fraudulent activities or unauthorized transactions.
increments of $100 dollars to the Pledged Account up to the $5,000
maximum. Accrued interest on the Pledged Account will be included in
OVERDRAFT PROTECTION
meeting the $100 increment. Larger deposits and credit limits in excess
If you select overdraft protection, a Cash Advance will be made to cover
of $5,000 are at our sole discretion. These limits will be indicated on your
an overdraft in your designated Commerce Bank deposit account. Such
Statement. You may not decrease your credit limit by withdrawing funds
Overdraft Cash Advances will be in the amount of $50.00 or multiples of
from the Pledged Account.
$50.00. If the designated deposit account is a joint account, you will be
liable for all overdrafts on the account regardless of which joint account
Subject to the terms of this Agreement, you may use your Account to
owner caused, or benefited from the overdraft. Each Overdraft Cash
make Purchases and obtain Balance Transfers, Convenience Checks,
Advance is at our discretion. We may permit or refuse to permit any
Installment Plans and Cash Advances that do not exceed your Credit
Overdraft Cash Advance that would cause you to exceed the Cash Limit
Limit and/or Cash Limit at any time. Should your Purchases, Balance
on your Account. We are not liable or responsible for any check drawn
Transfers, Convenience Checks, Installment Plans and/or Cash
that may for any reason be returned or otherwise dishonored. We may
Advances ever exceed your Credit Limit and/or Cash Limit, we reserve
cancel this overdraft feature at any time without notice.
the right to terminate this Agreement and demand the return of your
1
BALANCE ON WHICH INTEREST CHARGES ARE CALCULATED
Late Payment Fee
If you accrue any Interest Charges on your Account at a variable rate,
For each minimum payment not received by the fifteenth day following
that rate will be calculated by adding a margin to the Prime Rate. Please
the payment due date, we may charge a Fee ("Late Payment Fee").
see the ACCOUNT OPENING DISCLOSURE, which is part of this
Agreement, for specific information regarding the APRs used to
Foreign Transactions
compute your Interest Charges.
Visa and MasterCard Purchases, cash withdrawals and Cash Advances
made in currencies other than U.S. Dollars will be converted to U.S.
We calculate your Daily Balance for each day in the billing cycle by
Dollars under regulations established by VISA® International and
taking your beginning balance, adding any new transactions (excluding
MasterCard International. Visa conversion will be at a rate selected by
any active Installment Plans) or other debits, and subtracting any
Visa from the range of rates available in wholesale currency markets for
payments (excluding payments toward any active Installment Plan) or
the applicable central processing date, which may vary from the rate
other credits. We multiply the Daily Balance by the Daily Periodic Rate
Visa itself receives or the government-mandated rate in effect for the
to get your Interest Charges for that day. We add these Interest Charges
applicable central processing date. MasterCard conversion will be at a
to your Daily Balance to get the beginning balance for the next day. We
rate selected by MasterCard, typically either a government-mandated
do this for all days on which you have a balance owing on the Account,
rate or a wholesale rate provided to MasterCard. Conversion to U.S.
disregarding any credit balance, for the billing cycle.
dollars may occur on a date other than the date of the transaction.
Therefore, the conversion rate may be different from the rate in effect at
We add all the daily Interest Charges and round the sum to the next
the time of the transaction. You agree to pay the converted amount plus
highest cent to get your total Interest Charges for that billing cycle. We
the applicable foreign transaction Fee. For Purchases, cash
do this calculation separately for each type of balance.
withdrawals, and Cash Advances made in U.S. dollars outside of the
United States and its territories, you agree to pay the transaction
The Prime Rate used to determine the APR on your Account is the U.S.
amount, plus the applicable foreign transaction Fee.
Prime Rate published in The Wall Street Journal in its column called
"Money Rates" on the last Business Day of each month. Although each
Balance Transfer Or Convenience Check Transaction Fee
Daily Periodic Rate is determined by an index published prior to the first
You will not be charged a transaction Fee for each Balance Transfer
day of each calendar month, the respective Daily Periodic Rate will only
and/or Convenience Check posted to your Account.
become effective and charged as of the first day of the monthly billing
period following the respective calendar month in which the index is so
Non Overdraft Cash Advance Transaction Fee
published. No representation is made that the U.S. Prime Rate is the
You will not be charged a transaction Fee for each Cash Advance posted
lowest, the best or the favored rate of interest. If for any reason The Wall
to your Account.
Street Journal no longer publishes the "Money Rates" column, then we
will choose a new index based on comparable information. An increase
Overdraft Cash Advance Transaction Fee
in the Prime Rate will cause your interest rate to increase and may cause
You will not be charged a transaction Fee for each Cash Advance
your minimum monthly payment to increase.
resulting from the overdraft protection.
INTEREST CHARGE COMPUTATION
Installment Plan Fee
You may be charged an Installment Plan Fee for each Installment Plan.
ON PURCHASES: Interest Charges begin to accrue on the
Each Installment Plan Fee will be disclosed prior to establishing the
transaction date, provided such date will never be later than the
Installment Plan and charged monthly throughout the Installment Plan
date the Purchase is posted to the Account or earlier than the first
duration. The Installment Plan Fee will appear on your Statement.
day of the billing cycle for the Statement on which such transaction
is shown. Purchases are subject to a Grace Period. If the previous
Overlimit Fee
balance is zero or was paid in full by the payment due date shown
In the event your balance exceeds your credit limit, no Fee will be
on your Statement, no Interest Charge will be assessed on current
charged.
Purchases.
OTHER FEES:
ON BALANCE TRANSFERS OR CONVENIENCE CHECKS:
Except for Convenience Checks associated with Installment Plans,
Returned Payment Fee
Interest Charges begin to accrue on the date of the Balance
A Fee will be charged for any check or other form of payment sent to us
Transfer or Convenience Check, provided such date will never be
which is returned unpaid.
later than the date the Balance Transfer or Convenience Check is
posted to the Account or earlier than the first day of the billing cycle
Convenience Checks and Document Copy Charges
for the Statement on which such transfer or check is shown.
Charges for Convenience Checks and requests for copies of sales
drafts, Statements or other documents related to your Account may be
ON CASH ADVANCES: Interest Charges begin to accrue on the
billed on your Account as Purchases in accordance with the fee schedule
date of the Cash Advance, provided such date will never be later
established by us from time to time. No charge will be made for copy
than the date the Cash Advance is posted to the Account or earlier
requests related to billing error resolution within 60 days of the disputed
than the first day of the billing cycle for the Statement on which such
transaction.
advance is shown.
TOTAL FEE COMPUTATION
ON INSTALLMENT PLANS: No Interest Charges are applied to
We add all Fees assessed to obtain your total Fees for each billing cycle.
active Installment Plans.
Installment Plan Fees will be charged monthly throughout the Installment
Plan duration.
TOTAL INTEREST CHARGE COMPUTATION
We add Interest Charges for each type of balance (excluding active
CANCELLATION
Installment Plans) to obtain your total Interest Charge for each billing
To the extent permitted by law, Commerce Bank may cancel your
cycle.
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
TERMINATION OF INTRODUCTORY OR PROMOTIONAL RATES
part of this Agreement) including, without limitation, when any affiliation
If during an Introductory or Promotional Rate period, we have not
you may have with a sponsoring organization ceases or when any
received the required minimum monthly payment within 60 days of the
agreement we may have with the sponsoring organization is terminated.
respective payment due date, we will increase the applicable APR to the
Cancellation of your Account will not affect your liability to us for credit
penalty APR. Introductory and/or Promotional Rates will not be
we have extended to you, including amounts not yet billed to your
reinstated.
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
TERMINATION OF INSTALLMENT PLAN
any other bank or merchant who is acting upon our instructions.
If, during a period when an active Installment Plan is associated with the
Account, we have not received the required minimum monthly payment
CONDITIONS OF DEFAULT
within 60 days of the respective payment due date, we will cancel the
We may consider you to be in default if we do not receive a required
Installment Plan and will apply the Penalty APR. The Installment Plan
payment when due, including the minimum payment by the date shown
cannot be reinstated or recreated.
on your Statement: you fail to comply with the terms of this Agreement;
you make any false or misleading statements or omissions on your
FEES
application; you file a bankruptcy petition or have one filed against you;
we obtain information that causes us to believe that you may be unwilling
TRANSACTION, ANNUAL AND PENALTY FEES:
or unable to pay your debts to us or to others on time including, but not
limited to, your failure to make any payment to us on any other
Please see the ACCOUNT OPENING DISCLOSURE for information
indebtedness or loan; you are declared incompetent by a court or a court
regarding the specific Fees that may be charged to your Account. Your
appoints a guardian/conservator for you or your assets; or you die.
Installment Plan Fee will be displayed at the point of purchase as part of
your purchase confirmation or Convenience Check offer.
If we consider your Account to be in default, we may close your Account
without notice, require you to pay the balance in a manner permitted by
Minimum Interest Charge
law and/or exercise our rights under the Security Agreement and
A minimum Interest Charge will be imposed in any billing cycle for which
Assignment of Secured Credit Card Savings Account (subject to
an Interest Charge is payable and will appear on your Statement as a
applicable law regarding notice or right to cure). To the extent permitted
Fee.
by law, if you are in default you will pay our collections costs, attorneys'
fees, court costs, and all other expenses of enforcing our rights under
Annual Fee
this Agreement.
Your Account may have an Annual Fee that will be added annually to
your Account. The imposition or payment of an Annual Fee does not
ALLOCATION OF PAYMENTS
affect or limit our right to terminate this Agreement, cancel your Account,
We will allocate your minimum payment in the manner we determine. If
and demand payment, in a manner permitted by law, of any amounts
there are any active Installment Plans associated with the Account, we
owed on your Account.
will apply payment to the Installment Plan(s) first. We will then apply the
amount in excess of the minimum payment to balances with higher APRs
2
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
calls, telephone number(s), email, text/SMS, or cease in all forms; (iv) if
to an employee at a Commerce branch will be posted as of date of
you are requesting communications to cease via telephone number(s)
receipt. Payments mailed to the address shown or made in person at a
and/or email, please provide the specific phone number(s) and email
branch must be accompanied by the Account number or payment stub,
address; (v) you must send this written notice to:
and in the form of a check or money order in U. S. Dollars drawn on a U.
S. financial institution. Convenience Checks will not be accepted as a
Commerce Bank
form of payment. Do not send cash through the mail. A delay in crediting
Attention Commerce Bank Customer Service
the payment to your Account may occur if the payment does not meet
P.O. Box 411036, Kansas City, MO 64141-1036
these requirements for making payments (conforming 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
Each Account you have with us is separate from any others you
will not increase an introductory APR during any Introductory Rate
have with us, and Interest Charges will be charged on each
period; and (2) We will not increase any APR, Annual Fee or minimum
Account's balance at the APR given with each Agreement. Each
Interest Charge for 12 months following account opening, except for
individual Account will be designated by an individual Account
increases due to the expiration of an Introductory or Promotional Rate
number.
period, if any; changes in the Prime Rate; completion or failure of a
Your Card(s) are Commerce Bank property.
temporary hardship arrangement; or the end of military service to which
We may change the premium enhancements offered at any time
the provisions of the Servicemembers Civil Relief Act (SCRA) apply.
without further notice to you.
("Exceptions"). Otherwise, we may change the terms of the Agreement
Merchants with whom you've shared your Account number may be
at any time, after notice and the right to reject if required by law.
updated with new Account information to ensure the continuation of
Changes in any APR, other than the stated Exceptions, Annual Fee or
your payment agreement.
minimum Interest Charge will apply to new transactions created after the
You will not use your Card(s) for any purpose that has been
end of the 14th day following our providing notice to you. If you reject a
deemed illegal. We reserve the right to deny authorization requests
change, your Account will be cancelled and you will no longer be able to
from online gambling merchants, whether or not online gambling is
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
Account and whether or not the other paper records were submitted,
You must notify us immediately at Commerce Bank, P.O. Box
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
CHANGES IN ADDRESS
process to an electronic record or subsequently further converted or
migrated to another electronic record format or electronic storage
You agree to notify us immediately if you change your address.
medium. You further agree that upon conversion to an electronic record
INTERPRETATION
as authorized herein such electronic record shall be the record of the
transaction and the electronic record shall have the same legal force and
The Agreement shall be governed by applicable federal law and
effect as the paper documents from which it was converted. You waive
regulations. To the extent not preempted by applicable federal law, this
any legal requirement that any documents digitally or electronically
Agreement shall be governed by the laws of the state of Missouri.
converted be embodied, stored, or reproduced in a tangible media. You
undersigned and agree that a printed or digitally reproduced copy of the
Your Billing Rights: Keep this Document for Future Use
electronic record shall be given the same legal force and effect as a
This notice tells you about your rights and our responsibilities
signed writing. In addition, you authorize and agree to destruction of the
under the Fair Credit Billing Act.
paper documents by Commerce Bank upon conversion of the paper
What To Do If You Find A Mistake On Your Statement
documents to a digital or electronic record.
If you think there is an error on your Statement, write to us at:
COMMUNICATIONS CONSENT
Commerce Bank P.O. Box 411036, Kansas City, MO 64141-1036.
You may also send us this information via fax at 1-816-234-2811
You expressly consent and agree that Commerce Bank and their
affiliates, agents, vendors, collections agencies, and service providers
may use written, electronic or verbal means to contact you. The ways in
In your letter, give us the following information:
Account information: Your name and Account number.
which we may contact you include, but are not limited to, contact by
manual calling methods, live operator calls, prerecorded or artificial voice
Dollar amount: The dollar amount of the suspected error.
calls and messages, text messages, emails, and/or automatic telephone
Description of problem: If you think there is an error on your
dialing systems. You agree that Commerce Bank and their affiliates,
bill, describe what you believe is wrong and why you believe it
agents, vendors, collections agencies, and service providers may contact
is a mistake.
you by using any email address or any telephone number you provide,
You must contact us:
now or in the future, including a number for a cellular phone or other
Within 60 days after the error appeared on your Statement.
wireless device, regardless of whether you incur charges as a result.
At least 3 Business Days before an automated payment is
Phone numbers and email addresses, you provide include those you
scheduled, if you want to stop payment on the amount you
give to us, those from which you contact us or which we obtain through
think is wrong.
other means. Message and data rates may apply.
You must notify us of any potential errors in writing. You may call us, but
if you do, we are not required to investigate any potential errors and you
Indemnification
may have to pay the amount in question.
If you provide telephone number(s) for which you are not the subscriber,
you understand that you shall indemnify us for any costs and expenses,
including reasonable attorneys' fees, incurred as a result of us contacting
or attempting to contact you at the number(s) provided. In the event any
of your contact information changes, you agree to immediately notify us.
3
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,
successor, beneficiary or personal capacity. Without limiting the
2. Within 90 days of receiving your letter, we must either correct the error
foregoing, the term "Claim" also includes any unresolved disagreement,
or explain to you why we believe the bill is correct.
controversy, dispute, or cause of action between you and us arising out
of, related to or concerning any fees or charges relating to any
While we investigate whether or not there has been an error:
Account(s), and any services relating to any Account(s), optional
We cannot try to collect the amount in question or report you
features including but not limited to Special Connections and toggle
as delinquent on that amount.
on-line or telephone banking services, communication methods and
The charge in question may remain on your Statement, and
practices we may use to service your Account, and ATM services. It also
we may continue to charge you interest on that amount.
includes any disputes you have with our agents, contractors, employees,
While you do not have to pay the amount in question, you are
officers or assignees, any merchants with whom you use the Account,
responsible for the remainder of your balance.
any credit reporting agencies to whom we report the Account or any
We can apply any unpaid amount against your credit limit.
other third party that has been involved or becomes involved with, or
After we finish our investigation, one of two things will happen:
whose trademarks are used in connection with, any purchasing,
If we made a mistake: You will not have to pay the amount in
marketing, soliciting, servicing or credit reporting activity relating to your
question, or any Interest Charges or other Fees related to that
Account. The Claims covered by this agreement to arbitrate include,
amount.
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
Any disputes regarding: the application you prepared in
and Fees. We will send you a Statement of the amount you
connection with the issuance of your Account; any solicitation
owe and the date payment is due. We may then report you as
or advertising materials you received in connection with your
delinquent if you do not pay the amount we think you owe.
Account; any activities relating to the maintenance or servicing
of your Account; and any funds held by the Bank in connection
If you receive our explanation but still believe your bill is wrong, you must
with your Account;
write to us within 10 days telling us that you still refuse to pay. If you do
so, we cannot report you as delinquent without also reporting that you
Any disputes arising from the collection of amounts you owe in
are questioning your bill. We must tell you the name of anyone to whom
connection with your Account or the manner of collection;
we reported you as delinquent, and we must let those organizations
know when the matter has been settled between us.
Any disputes concerning the dollar amount of payments made
or transactions posted to your Account;
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.
Any disputes concerning the processing of items or funds
transfers sent to the Bank for the purpose of posting to your
Your Rights If You Are Dissatisfied With Your Credit Card
Account;
Purchases
Any disputes regarding information obtained by us from, or
If you are dissatisfied with the goods or services that you have
reported by us to, credit bureaus or others;
Purchased with your credit card and you have tried in good faith to
correct the problem with the merchant, you may have the right not to pay
Any disputes related to insurance or other services or products
the remaining amount due on the Purchase.
purchased from us in connection with your Account;
To use this right, all of the following must be true:
Any disputes regarding communications involving telephones,
1. The Purchase must have been made in your home state or within 100
automatic dialing systems, artificial or prerecorded voice
miles of your current mailing address, and the purchase price must have
messages, SMS text messages or facsimile machines; and
been more than $50. (Note: Neither of these are necessary if your
Purchase was based on an
Any disputes concerning the relationships resulting from this
advertisement we mailed to you, or if we own the company that sold you
Agreement, your Account or any of the foregoing.
the goods or services.)
2. You must have used your credit card for the Purchase. Purchases
The term "Claim" includes claims of every kind and nature, including but
made with Cash Advances from an ATM or with a check that accesses
not limited to, initial claims, counterclaims, cross-claims and third-party
your credit card Account do not qualify.
claims and claims based upon contract, tort, fraud and other intentional
3. You must not yet have fully paid for the Purchase.
torts, statutes, regulations, common law and equity. For purposes of this
section, "we," "us," and "our" includes Commerce Bank, any corporate
If all of the criteria above are met and you are still dissatisfied with the
parent, subsidiaries, affiliates, employees, officers, directors, agents,
Purchase, contact us in writing at:
controlling persons and representatives, as well as any person or entity
who provides any services in connection with this Agreement or who is
Commerce Bank P.O. Box 411036, Kansas City, MO 64141-1036.
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
What Disputes are Not Subject to Arbitration? Notwithstanding any other
discussed above. After we finish our investigation, we will tell you our
language herein, the term "Claim" shall not include any dispute or
decision. At that point, if we think you owe an amount and you do not
controversy regarding the validity, enforceability, coverage or scope of
pay, we may report you as delinquent.
this agreement to arbitrate or any part thereof, including, without
limitation, the "Waiver of Jury Trial and Class or Representative Action"
LIABILITY FOR UNAUTHORIZED USE
provision set forth below, subsections A and B of the "Survival and
If your name appears on the Account for the Card(s) accompanying this
Severance" provision set forth below and this sentence; all such disputes
Agreement, then by using or permitting another to use the Card(s) and/or
are for a court and not the arbitrator to decide. In addition, claims filed
PIN, you agree to all the provisions of this Agreement, including, but not
by you or us individually in small claims court, so long as any such claim
limited to your promise to pay. You will not be liable for unauthorized
remains in that court and advances only an individual claim for relief, are
use that occurs after you notify Commerce Bank orally or in writing.
not subject to arbitration. However, if a claim is transferred, removed or
Notification of loss, theft or possible unauthorized use may be mailed to
appealed to a different court, you or we will then have the right to
Commerce Bank, P.O. Box 411036, Kansas City, MO 64141-1036, or
demand arbitration of such claim. Other claims, disputes, controversies
you may call 1-800-645-2103.
or issues not subject to arbitration are set forth in the section titled
"Rights Preserved."
DISPUTE RESOLUTION - ARBITRATION
How Does Arbitration Work? The arbitration shall be administered by the
PLEASE READ THIS SECTION CAREFULLY. IT PROVIDES THAT.
American Arbitration Association ("AAA"), pursuant to its Consumer
WITH LIMITED EXCEPTIONS, YOU AND WE MAY ELECT TO
Arbitration Rules (collectively, "Rules") in effect at the time a demand for
RESOLVE ANY DISPUTES BETWEEN YOU AND US BY BINDING
arbitration is filed. The Rules are available online at www.adr.org, or you
ARBITRATION. IF ARBITRATION IS ELECTED, YOU AND WE WAIVE
may contact the AAA at 120 Broadway, Floor 21, New York, N.Y 10271.
THE RIGHT TO A JURY TRIAL OR TRIAL BEFORE A JUDGE IN A
If the AAA is unable to serve and you and we cannot agree on a
PUBLIC COURT, AND YOU AND WE WAIVE ANY RIGHT TO BRING
replacement, a court with jurisdiction will select the arbitrator. If there is a
OR PARTICIPATE IN ANY CLASS ACTION OR SIMILAR
conflict between the Rules and this agreement to arbitrate, or between
PROCEEDING.
this agreement to arbitrate and the Agreement, this agreement to
arbitrate shall control. Pursuant to the Rules, the AAA will select a single
YOU HAVE THE RIGHT TO OPT OUT OF THIS AGREEMENT TO
arbitrator who shall have expertise in the substantive laws applicable to
ARBITRATE AS SET FORTH BELOW.
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
Agreement to Arbitrate
based solely on the submission of written documents, unless the Rules
You and we agree that either of us may elect to resolve any Claims (as
or arbitrator requires an in-person proceeding. If the value of the relief
defined below) through binding arbitration unless you opt out of the
sought is more than $10,000, or an in-person proceeding is required, the
agreement to arbitrate as set forth below, or unless prohibited by law. If
arbitration proceeding shall be conducted in the same city as the U.S.
you or we elect to resolve a Claim through arbitration, neither you nor we
District Court closest to your home address, unless the parties mutually
will have the right to pursue such claim in court or have a jury decide the
agree upon a different location in writing. Either party may, at its sole
claim, nor will you or we have the right to bring or participate in any class
cost and discretion, choose to be represented by an attorney at any
or other representative action in court or in arbitration.
arbitration proceeding.
What Claims are Subject to Arbitration? As used in this section, the term
The arbitrator may award any damages or other relief provided for under
"Claim" has the broadest possible meaning and includes, but is not
applicable law as if an individual action were brought in court, including,
limited to, any unresolved disagreement, controversy, dispute, or cause
without limitation, punitive damages (which shall be governed by the
4
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
persons or entities who wish to reject this agreement to arbitrate to
personally comply with the notice and time requirements of this opt-out
provision. The agreement to arbitrate is the only section of this
Agreement that you can opt out of.
Waiver of Jury Trial and Class or Representative Action. UNLESS YOU
REJECT THIS AGREEMENT TO ARBITRATE IN ACCORDANCE
WITH THE TERMS OF THIS SECTION, YOU AND WE AGREE THAT
IF A CLAIM IS ARBITRATED, NEITHER YOU NOR WE WILL HAVE
THE RIGHT TO (i) PARTICIPATE IN A CLASS ACTION IN COURT OR
IN ARBITRATION, EITHER AS A CLASS REPRESENTATIVE OR
CLASS MEMBER, (ii) ACT AS A PRIVATE ATTORNEY GENERAL OR
5
Commerce Bank
OPTIONAL FEATURES
Member FDIC
Commerce Bank credit cards may come with optional credit card
regular savings, and money-market accounts to make payments on your
payment features, including Special Connections and toggle The
Commerce credit cards, lines of credit or loans or (iii) take cash
Special Connections and toggle features are offered at the sole
advances on your Commerce credit cards.
discretion of Commerce Bank ("Commerce") to Accountholders ("You" or
"Your") that have Qualified Commerce Bank Credit Card Accounts. A
The account(s) you designate for ATM accessibility will be considered
"Qualified Commerce Credit Card Account" means any open Account
your Special Connections Feature at the ATM account(s) (each, a
that is not designated by Commerce as lost, stolen, fraud transferred,
"ATM Account"). If you wish to designate one or more checking
credit revoked, closed, bankrupt, charged off, or in Consumer Credit
accounts as an ATM Account, then you must designate one of those
Counseling or recovery. By using these optional features, you
checking accounts as your Point of Sale Account as defined below. In
acknowledge that you have read and accepted the Commerce Bank
order to have ATM access to your checking accounts, you must at all
Special Connections terms and conditions ("Special Connections
times maintain a Point of Sale Account. If you no longer have a Point of
Terms and Conditions") and the Commerce Bank toggle terms and
Sale Account, then you will lose ATM access to all of your checking
conditions ("toggle Terms and Conditions") which shall govern your use
accounts.
of and rights under these optional features.
Commerce has no control over the functionalities offered at non-
The Special Connections Terms and Conditions and toggle® Terms
Commerce ATMs. Some or all of these features may not be available at
and Conditions are a separate agreement and are not part of your
all non-Commerce ATMs and some ATMs may allow you to perform
Agreement.
other functions not mentioned here, including the ability to make
purchases (e.g. stamps). If at any time you use a non-Commerce ATM
SPECIAL CONNECTIONS FEATURE
to request to take money from an account that you do not have or if the
With this feature ("Special Connections Feature"), and as permitted
non-Commerce ATM does not prompt you to select a specific account
from time to time, you may use your Card to access Commerce Bank
from which to take the money, then you agree that Commerce will
Special Connections Feature-eligible deposit accounts, credit cards,
attempt to comply with your request by providing you with money from
lines of credit, and/or loans. You may request the Special Connections
one of your open ATM Accounts. Cash withdrawals may be taken from
Feature from a Commerce Bank branch, through Commerce Bank
any open deposit ATM Account owned by you and cash advances may
Online Banking, or from our Customer Service Department at 1-800-645-
be taken from any credit card ATM Account owned by you.
2103. These features are not automatically activated.
Point of Sale Transaction
For customers with a Special Connections Visa® or MasterCard credit
You may designate one (1) checking account as your Special
card, please note: The Special Connections Feature is different from a
Connections Feature at the point of sale account ("Point of Sale
Commerce Bank Special Connections Visa or MasterCard credit card.
Account"). At merchants that have agreed to accept the Card on
The Special Connections Feature allows you to add certain
networks utilized by us and support the Special Connections SM Feature,
functionality to any Commerce Bank-issued credit card, including
you can use funds in your Point of Sale Account to pay for your
Commerce Bank's Special Connections Visa or MasterCard credit card.
purchases. The use of your Card in this manner constitutes a
However, your Special Connections Visa or MasterCard credit card is
simultaneous withdrawal from and/or demand upon your checking
not automatically enabled with the Special Connections Feature. You
account, even though the transaction may not actually be posted to
your
must proactively enroll any credit card, including your Special
account until a later date. Merchants decide how to interact with the
Connections Visa or MasterCard credit card, in the Special
Special Connections Feature and the experience may vary.
Connections Feature in order for that card to utilize the Special
Connections Feature's capabilities described herein.
Only Commerce checking accounts are eligible for this functionality and
only one (1) Commerce Bank checking account can be designated as
ELECTRONIC FUND TRANSFERS
the Point of Sale Account at any one time. Your Point of Sale Account
The following provisions apply only to electronic fund transfers ("EFTs").
shall always remain as an ATM Account. If at any time you instruct
EFTs are any transfer of funds initiated with your Card(s) at an ATM or
Commerce to remove the Point of Sale capabilities from your card, you
as a debit transaction at Point of Sale. We can cancel these services at
will no longer have access to any of your checking accounts at the ATM.
any time and for any reason without notice. We can also cancel your
entire Account, including credit card services, and revoke your Card(s)
ATM and Point of Sale transactions will post to your checking account(s)
as provided in the CANCELLATION paragraph above. This may be
as detailed in your Deposit Agreement.
done by an ATM or merchant not returning your Card(s) to you. We may
change the terms of this Agreement relating to EFTs without notice to
Foreign Transaction
you unless required by law.
For transactions occurring outside of the United States, the nature of
which is unspecified to us, we will apply the transaction to accounts in
TELEPHONE NUMBER AND ADDRESS TO BE NOTIFIED IN EVENT
the following order: checking, money-market, regular savings,
OF UNAUTHORIZED TRANSFER
Commerce Visa or Commerce MasterCard.
Tell us AT ONCE if you believe your card has been lost or stolen, or if
you believe that an electronic fund transfer has been made without your
Limitation on Frequency of Transfers. There are no limitations on the
permission using information from your check. Telephoning is the best
number of transfers that can be made during any time period to or from
way of keeping your possible losses down. You could lose all the money
any deposit account, except as provided by federal regulations limiting
in your account plus your maximum overdraft line of credit. If you tell us
preauthorized transfers. By federal regulation, you are limited during any
within 2 business days after you learn of the loss or theft of your card,
statement cycle to six preauthorized transfers (three of which may be by
you can lose no more than $50 if someone used your card without your
check, draft or similar order if the account is a money market-type
permission.
account).
If you do NOT tell us within 2 business days after you learn of the loss or
Limitation on Dollar Amount of Transfers. The balance available for
theft of your card, and we can prove we could have stopped someone
authorizing purchases and cash withdrawals is the lesser of 1) your
from using your card without your permission if you had told us, you
available deposit account balance, plus any credit available through an
could lose as much as $500.
overdraft protection line of credit or through any overdraft authorized by
us in our sole discretion, OR 2) daily dollar limitations. For cash
Also, if your statement shows transfers that you did not make, including
advances against a Commerce Bank credit card, you may withdraw cash
those made by card, code or other means, tell us at once. If you do not
up to the lesser of your credit line or daily dollar limitations. In addition,
tell us within 60 days after the statement was mailed to you, you may not
daily withdrawal frequency limitations may apply to cash advances.
get back any money you lost after the 60 days if we can prove that we
Dollar limitations may differ at ATMs other than ours.
could have stopped someone from taking the money if you had told us in
time. If a good reason (such as a long trip or a hospital stay) kept you
Online Gambling. You agree that you will not use your card for any
from telling us, we will extend the time period. By permitting another
purpose that has been deemed illegal. We reserve the right to deny
person to use the card, you authorize and are fully liable for any
authorization requests from online gambling merchants, whether or not
transactions that person initiates until that person's authority is ended.
online gambling is illegal in the state in which you use your card.
You may only end that person's authority by notifying us.
Reservations and Merchant Authorization. Under certain
If you believe your card has been lost or stolen, or that someone has
circumstances, a merchant (e.g., hotel) may require the use of a card to
transferred or may transfer money from your account without your
guarantee reservations that may result in a hold on the available funds
in
permission, call us at 1-800-617-7480 or write to us at Commerce Bank,
the account. If you cancel any guaranteed reservation made using the
PO Box 411036, Kansas City, MO 64141-1036. You should also call the
card, you must obtain a cancellation number. If you fail to do so, the hold
number or write to the address listed above if you believe a transfer has
placed for the guaranteed reservation will not be canceled and the
been made using the information from your check without your
amount will be held against the balance in the account. This may limit
permission.
your future transactions. Further, if the merchant subsequently charges
the amount of the guaranteed reservation to the account, we will not be
TYPES OF AVAILABLE TRANSFERS AND LIMITS ON TRANSFERS
obligated to re-credit the account if you fail to obtain a cancellation
Account Access. The following EFTs are only available if you request
number. In addition, authorizations issued for card transactions must be
the Special Connections Feature. Depending on the type of accounts
canceled when you initiate a card transaction and subsequently use
that Commerce determines from time-to-time are eligible for the Special
another form of payment for the transaction such as a credit card or
Connections SM Feature as well as which of your accounts you choose to
cash, since failure to have the authorization canceled may also result in
access using the Special Connections Feature, you may use your Card
a hold on funds in the account and limit your future transactions.
to perform the following functions where otherwise permitted:
POINT OF SALE TRANSACTIONS
ATM Transaction
The use of your card with the Special Connections Feature to
At the ATM, insert your Card and enter the credit card PIN that you
purchase goods and services constitutes a simultaneous withdrawal from
established for this Card to (i) withdraw cash from, deposit money in,
and/or demand upon your checking account, even though the transaction
transfer funds between, or learn the balances in your checking, regular
may not actually be posted to your account until a later date. Any person
savings or money-market accounts; (ii) use funds from your checking,
or merchant honoring your card may be required to obtain approval or
6
authorization for any transaction. When we approve a non-PIN
If the ATM where you are making the transfer does not have
transaction (which may or may not require your signature), we may
enough cash.
immediately reduce the available balance in your checking account by
If the terminal or system was not working properly and you knew
the authorization amount requested by the merchant even though we
about the breakdown when you started the transaction.
have not received the transaction electronically for payment, which may
If circumstances beyond our control (such as flood or fire) prevent
differ from the final posted amount.
the transfer, despite reasonable precautions that we have taken.
There may be other exceptions stated in our Agreement with you.
This authorization amount will not be available until our receipt of the
transaction OR no more than three business days after the transaction
ERROR RESOLUTION PROCEDURES
date, whichever first occurs. If funds are not available for checks, other
In case(s) of errors or questions about your EFTs, telephone us at 1-800-
items or debits, you may be subject to overdraft or insufficient funds fees.
617-7480 or write us at Commerce Bank, PO Box 411036, Kansas City,
Transactions with your card will be posted to your account in the order
MO 64141-1036 as soon as you can, if you think your statement or
and with the same legal effect as checks or other debits drawn on your
receipt is wrong, or if you need more information about a transfer listed
account. You may use your card only in the manner and for the purposes
on the statement or receipt. We must hear from you no later than 60
authorized by this Agreement. We may recognize a transaction even if
days after we sent the FIRST deposit statement on which the problem or
we have not authorized it, but that does not mean we will authorize the
error appeared.
same type of transaction again. You do not have the right to stop
Tell us your name and account number.
payment on any transaction originated by use of your card with the
Tell us the name of the merchant, the transaction date and the
Special Connections Feature, except recurring preauthorized transfers
dollar amount of the suspected error.
as described in this Agreement.
Describe the error or the transfer you are unsure about, and explain
as clearly as you can why you believe it is an error or why you need
Overdrafts. You are responsible for all authorized transactions initiated
more information.
by use of your card with the Special Connections Feature. If a negative
Tell us if you have already attempted to resolve the issue directly
balance (overdraft) in your checking account results from the use of the
with the merchant.
card with the Special Connections Feature, you will pay us on demand
this negative balance and our then current charge for overdrafts. If you
If you tell us orally, we may require that you send your complaint or
have an overdraft line of credit (Checking Plus) for an account, you are
question in writing within 10 business days.
bound by the rules and regulations that apply to that credit privilege
We will determine whether an error occurred within 10 business days
(Overdraft Protection). In addition, if your checking account is closed
after we hear from you and will correct any error promptly. If we need
before transactions are posted, you will pay us on demand the
more time, however, we may take up to 45 calendar days to investigate
outstanding amount.
your complaint or question. If we decide to do this, we will credit your
deposit account within 10 business days for the amount you think is in
FEES
error so that you will have the use of the money during the time it takes
Fees for all EFT services are disclosed in our fee schedule. You will
us to complete our investigation. If we ask you to put your complaint or
receive a fee schedule at account opening. You may request a copy of
question in writing and we do not receive it within 10 business days, we
our current fee schedule at any Commerce branch or by contacting 1-
may not credit your deposit account.
800-453-2265. When you use an ATM not owned by us you may be
charged a fee by the ATM operator (or any network used) for a
For errors involving new accounts, point-of-sale, or foreign-initiated
transaction or for a balance inquiry even if you do not complete a fund
transactions, we may take up to 90 days to investigate your complaint or
transfer.
question. For new accounts, we may take up to 20 business days to
credit your account for the amount you think is in error.
RIGHT TO RECEIVE DOCUMENTATION OF TRANSFERS
We will tell you the results within three business days after completing
Terminal Receipts. You will get a receipt at the time you make any
our investigation. If we decide that there was no error, we will send you a
transfer to or from your deposit account using an ATM or electronic POS
written explanation. You may ask for copies of documents that we used
terminal.
in our investigation.
Preauthorized Credits. If you have arranged to have direct deposits
TOGGLE® FEATURE
made to your deposit account at least once every 60 days from the same
Commerce may add toggle to any Qualified Commerce Visa or
person or company, you can call us at 1-800-746-8704 to find out
MasterCard Credit Card Account.
whether or not the deposit has been made.
DEMAND DEPOSIT ACCOUNT
Periodic Statement. You will get a monthly deposit statement if you
You may link up to two (2) demand deposit accounts (each, a "DDA") to
have a deposit account upon which checks or drafts may be drawn. You
Your Qualified Commerce Credit Card Account for the use of the toggle
will get a monthly deposit statement on your regular savings account if
payment feature.
there are electronic transfers during the month. In any case, you will get
a regular savings deposit statement quarterly.
If You link a Commerce DDA to Your Account, that DDA must be an
open checking account. You must have an ownership relationship to that
DISCLOSURE OF ACCOUNT INFORMATION TO THIRD PARTIES
DDA in order to link it to Your credit card Account. Any person using the
We will disclose information to third parties about your account or the
Account and/or related Card(s) with the expressed or implied permission
transfers you make:
of any of the applicants ("Authorized Users") will have access to the
Where it is necessary for completing transfers. Merchants with
linked DDA through the use of Your Account.
whom you've shared your account number may be updated with
new account information to ensure the continuation of your payment
Any DDA that has been designated by Commerce as having a
agreement.
garnishment, a closed-to-posting restriction, or has been forced to close
In order to verify the existence and condition of your account for a
by Commerce, will not be eligible to link to Your Account for the purpose
third party, such as a consumer reporting agency or merchant.
of the toggle payment feature. Small Business banking accounts will not
In order to comply with government agency or court orders.
be eligible to link to Your Account for the purpose of the toggle payment
If you give us your permission.
feature.
In accordance with our current Privacy Policy Notice.
If You link a non-Commerce DDA to Your Account, You must provide
RIGHT TO STOP PAYMENT OF PREAUTHORIZED TRANSFERS AND
Commerce with the account number and the routing information for that
PROCEDURES FOR DOING so; RIGHT TO RECEIVE NOTICE OF
financial institution. Certain transaction restrictions may apply to such
VARYING AMOUNTS; AND OUR LIABILITY FOR FAILURE TO STOP
non-Commerce DDAs. Please refer to such bank's terms and conditions
PAYMENT
of Your DDA for applicable fees, restrictions and/or limitations of Your
If you have told us in advance to make regular payments out of your
DDA.
deposit account, you can stop any of these payments. Here's how: Call
us at 1-800-617-7480 or write us at Commerce Bank, PO Box 411036,
PAYMENT PREFERENCES
Kansas City, MO 64141-1036 in time for us to receive your request three
"Payment Preferences" means the selection of a category, setting and/or
business days or more before the payment is scheduled to be made. If
amount you choose to determine if a credit card purchase is to be paid
you call, we may also require you to put your request in writing and get it
for from your linked DDA or if it is to remain a part of your credit card
to us within 14 days after your call.
balance.
Notice of Varying Amounts. If these regular payments may vary in
PAY NOW
amount, the person you are going to pay will tell you, 10 days before
"Pay Now® means a credit card purchase that will be automatically paid
each payment, when it will be made and how much it will be. You may
for from Your DDA according to Your Payment Preferences. Any
choose to get this notice only when the payment would differ by more
purchase made by You or an Authorized User with Your Account, will be
than a certain amount from the previous payment, or when the amount
paid for from the DDA that has been linked to Your Account, and in
would fall outside certain limits that you set.
accordance with the Payment Preferences that have been selected by
the applicants of the Account.
Liability for Failure to Stop Payment of Preauthorized Transfers. If
you order us to stop one of these payments three business days or more
When a toggle credit is posted to your Account, we reserve the right to
before the transfer is scheduled, and we do not do so, we will be liable
place a temporary hold on the available credit created by the toggle
for your losses or damages.
credit. toggle does not, nor is it intended to, shorten the time frame in
which your available credit is replenished after a payment to your
Our Liability for Failure to Make Transfers. If we do not complete a
Account.
transfer to or from your deposit account on time or in the correct amount
according to our Agreement with you, we will be liable for your losses or
Purchases may take 1-2 business days to post to Your Account following
damages. However, there are some exceptions. We will not be liable, for
the date of Purchase. After the Purchase has posted to Your Account, an
instance:
ACH may take 1-2 business days to appear as a debit on Your DDA.
If through no fault of ours, you do not have enough money in your
account to make the transfer.
Payments are not applied to the required minimum payment due on Your
If the transfer would go over the credit limit on your overdraft line.
Statement each month. You will still have a required minimum payment
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due each month, which will appear on Your Statement and will be
This authorization is to remain in effect until Commerce has received
subject to the terms of Your cardholder agreement.
electronic notice of termination from You. You may terminate toggle
electronically through Online Banking, or by contacting us at 1-800-645-
PAY LATER
2103. Your notice must be sent in such time and manner as to afford
"Pay Later" means any Purchase that is made with Your Account that will
Commerce Bank a reasonable opportunity to act upon the termination
not be automatically paid for from a DDA, and will become a part of your
(but in no event less than three business days). Commerce reserves the
outstanding credit card balance.
right to decline or cancel toggle service at any time.
You may choose to use the Pay Later feature for Your Purchases by
choosing not to activate a specific Payment Preference, by deactivating
a previously chosen Payment Preference, by cancellation of a linked
DDA, or by the cancellation of the toggle payment feature from Your
credit card Account.
UNWIND
"Unwind" means the ability to return funds that were used to pay for a
Purchase from Your DDA with the Pay Now® feature, and to have the
original Purchase placed back on to Your Account.
You will have up to 30 calendar days to use the Unwind feature for a
Pay Now™ feature Purchase. When the Purchase posts back to Your
Account, it will post with the original transaction date, and will be subject
to interest charges according to the terms of Your Cardholder
Agreement. We reserve the right to limit the total amount of your
Unwind feature requests from exceeding the available credit for Your
Account.
TOGGLE ON DEMAND TM
"toggle On Demand TM" means any credit card purchase that You
manually choose to be paid from either Your DDA or reward points after
the transaction posts to Your Account.
ACH RETURNS
If an ACH payment request is returned for any reason, the original
Purchase that initiated that ACH payment request will be posted back to
Your Account and will be due according to the terms of Your 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
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.
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