Commerce Bank
CARDHOLDER AGREEMENT
Member FDIC
This Agreement is for your Account with Commerce Bank, and the
either by us or a third party, even if you have sufficient credit available.
Card(s) which has/have been given to you in connection with your
Account. Such Account and Card(s) provide you with credit card
PROMISE TO PAY
services and ATM Services. "You" and "your" mean any applicant for the
You promise to pay for all Purchases and Cash Advances, including
Account and any person using the Account and/or related Card(s) with
Balance Transfers and Convenience Checks, made by you through the
the expressed or implied permission of any of the applicants. Any
use of the Account. In addition, you promise to pay all other amounts
person whose name appears on the Account for the Card(s)
owed due to use of the Account by anyone else you authorize to use the
accompanying this Agreement consents, either by using or permitting
Account until such person's authority is ended. You may only end such
another to use the Card(s), to all provisions of this Agreement and the
person's authority by notifying us in writing and returning to us any Card
related Security Agreement and Assignment of Secured Credit Card
such person may have. All of you are responsible, both together and
Savings Account and Deposit Account Agreement. "We", "us" and "our"
individually, for the entire Account balance even though only one of you
means Commerce Bank, our successors and assigns.
uses the Account.
In this Agreement:
SECURED CREDIT CARD SAVINGS ACCOUNT
Account is your credit card account.
You are required to open a Pledged Account which will serve as security
Annual Fee is a fee charged on a yearly basis for your continued use of
for your Obligations and execute a Security Agreement and Assignment
the Account.
of Secured Credit Card Savings Account. The owners of this Account
APR is Annual Percentage Rate.
and the Pledged Account must be the same. The issuance of your Card
ATM is Automated Teller Machine.
or increase of your credit limit may be delayed for a reasonable period of
Business Days are Monday through Friday. Federal holidays are not
time, following the deposit of funds to the Pledged Account.
included.
Card is the credit card(s) given to you in connection with your Account.
Collateral securing other loans with us may also secure this
Cash Advance includes:
indebtedness.
Non-Overdraft Cash Advance - advance made by means of an
electronic device or machine, or a financial institution teller, or for the
BILLING STATEMENTS
purchase of wire transfers, non-U.S. currency, travelers' checks,
Approximately once a month, you will receive a Statement. On average,
money orders, lottery tickets and casino gaming chips.
your payment is due within 25 days from the date of the Statement
Overdraft Cash Advance - advance made by means of overdraft
(payment due date).
protection.
Balance Transfer - advance made when transferring a balance
PAYMENT OPTIONS
from another creditor to your Account.
You may pay the new balance shown on your Statement each month or
Convenience Check - check used to make a Cash Advance on
you may pay in monthly installments. If you decide to pay in monthly
your Account, which we may offer from time to time.
installments, you must pay at least the minimum payment on your
Charges related to Non-Overdraft Cash Advances, Overdraft Cash
Statement. The minimum payment will be the greater of:
Advances, Balance Transfer and Convenience Checks.
Charges are costs imposed as part of this Agreement and include both
$30.00 or the full amount of your total balance if it is less than
interest and fees.
$30.00; or
Daily Balance is determined, for each day in the billing cycle, by taking
1.00% of your new balance plus any amounts that are past due,
the beginning balance, adding any new transactions or other debits, and
plus Fees (excluding Balance Transfer and/or Convenience Check
subtracting any payments or other credits.
Fees) and Interest Charges accumulated during the billing period.
Daily Periodic Rate is the APR divided by 365.
Fees are interest Charges, including transaction fees.
When a payment is posted to your Account, we reserve the right to
Grace Period means the period of time during a billing cycle when you
restrict or delay all or part of the available credit created by the payment.
will not accrue Interest Charges on certain transactions or balances.
The restriction or delay of the available credit is for risk management or
Interest Charges are the portion of Charges attributed to periodic
other related purposes, including but not limited to protection against
interest rates.
actual or potential fraudulent activities or unauthorized transactions.
Participation Fee is a fee charged for added service or functionality on
your Account.
OVERDRAFT PROTECTION
PIN is Personal Identification Number.
If you select overdraft protection, a Cash Advance will be made to cover
Prime Rate is the U.S. Prime Rate published in The Wall Street Journal
an overdraft in your designated Commerce Bank deposit account. Such
in its column called "Money Rates" on the last Business Day of each
Overdraft Cash Advances will be in the amount of $50.00 or multiples of
month.
$50.00. If the designated deposit account is a joint account, you will be
Obligations are any and all amounts owed under this Agreement
liable for all overdrafts on the account regardless of which joint account
including, but not limited to, Purchases, Cash Advances and Charges.
owner caused, or benefited from the overdraft. Each Overdraft Cash
Promotional Balance is the balance subject to the Promotional Rate.
Advance is at our discretion. We are not liable or responsible for any
Balances subject to Introductory Rates are included.
check drawn that may for any reason be returned or otherwise
Promotional Rate is a rate other than the standard rate, tied to a special
dishonored. We may cancel this overdraft feature at any time without
offering. A Promotional Rate offered when you open your Account may
notice.
be called an Introductory Rate.
Purchase means purchase of merchandise or services on the Account
BALANCE ON WHICH INTEREST CHARGE IS CALCULATED
plus Charges, but does not include any type of Cash Advance or Cash
If you accrue any Interest Charge on your Account at a variable rate, that
Advance Interest Charges.
rate will be calculated by adding a margin to the Prime Rate. Please see
Secured Credit Card Savings Account ("Pledged Account") is a
the ACCOUNT OPENING DISCLOSURE, which is part of this
deposit account that serves as collateral for your Obligations.
Agreement, for specific information regarding the APRs used to
Statement is your billing statement.
compute your Interest Charges.
CREDIT CARD SERVICES
We calculate your Daily Balance for each day in the billing cycle by
The following provisions relate only to credit card services except as
taking your beginning balance, adding any new transactions or other
otherwise applicable.
debits, and subtracting any payments or other credits. We multiply the
Daily Balance by the Daily Periodic Rate to get your Interest Charges for
ACCOUNT DESCRIPTION
that day. We add these Interest Charges to your Daily Balance to get
At Account opening, we will grant you a line of credit with a minimum
the beginning balance for the next day. We do this for all days on which
dollar limit of $400, and a maximum dollar limit of $5,000 equal to the
you have a balance owing on the Account, disregarding any credit
amount you deposit into your Pledged
balance, for the billing cycle.
Account. If your account is in good standing, you may subsequently
We add all the daily Interest Charges and round the sum to the next
increase the credit limit by depositing additional funds in increments of
highest cent to get your total Interest Charges for that billing cycle. We
$100 dollars to the Pledged Account up to the $5000 maximum.
do this calculation separately for each type of balance.
Accrued interest on the Pledged Account will be included in meeting the
$100 increment. Larger deposits and credit limits in excess of $5000 are
The Prime Rate used to determine the APR on your Account is the U.S.
at our sole discretion. This limit will be indicated on your Statement.
Prime Rate published in The Wall Street Journal in its column called
You may not decrease your credit limit by withdrawing funds from the
"Money Rates" on the last Business Day of each month. Although each
Pledged Account.
Daily Periodic Rate is determined by an index published prior to the first
day of each calendar month, the respective Daily Periodic Rate will only
Subject to the terms of this Agreement, you may use your Account to
become effective and charged as of the first day of the monthly billing
make Purchases and obtain Cash Advances, including Balance
period following the respective calendar month in which the index is so
Transfers and Convenience Checks that do not exceed your credit limit
published. No representation is made that the U.S. Prime Rate is the
at any time. Should your Purchases, and/or Cash Advances ever
lowest, the best or the favored rate of interest. If for any reason The Wall
exceed your credit limit, we reserve the right to terminate this Agreement
Street Journal no longer publishes the "Money Rates" column, then we
and demand the return of your Card(s). We can increase or decrease
will choose a new index based on comparable information. An increase
your credit limit at any time without prior notice or liability. A change to
in the Prime Rate will cause your interest rate to increase and may cause
your credit limit will not affect your obligation to pay us.
your minimum monthly payment to increase.
INTEREST CHARGE COMPUTATION
We may decline, at any time in our sole discretion, an authorization
request for any transaction for any reason, included but not limited to:
ON PURCHASES: Interest Charges on Purchases begin to accrue
operational considerations,
on the transaction date, provided such date will never be later than
your Account is in default,
the date the Purchase is posted to the Account or earlier than the
we suspect fraudulent or unlawful activity
first day of the billing cycle for the Statement on which such
transaction is shown. Purchases are subject to a Grace Period. If
the previous balance is zero, or was paid in full by the payment due
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date shown on your Statement, no Interest Charge will be assessed
you may have with a sponsoring organization ceases or when any
on current Purchases.
agreement we may have with the sponsoring organization is terminated.
Cancellation of your Account will not affect your liability to us for credit
ON CASH ADVANCES: Interest Charges begin to accrue on the
we have extended to you, including amounts not yet billed to your
date of the Cash Advance, provided such date will never be later
Account. We may cancel your Account without prior notice or liability.
than the date the Cash Advance is posted to the Account or earlier
You must surrender the Card(s), either upon a direct request by us, or
than the first day of the billing cycle for the Statement on which such
any other bank or merchant who is acting upon our instructions.
advance is shown.
CONDITIONS OF DEFAULT
TOTAL INTEREST CHARGE COMPUTATION
We may consider you to be in default if we do not receive a required
We add Interest Charges for each type of balance to obtain your total
payment when due including the minimum payment by the date shown
Interest Charge for each billing cycle.
on your Statement; you fail to comply with the terms of this Agreement;
you make any false or misleading statements or omissions on your
TERMINATION OF INTRODUCTORY OR PROMOTIONAL RATES
application; you file a bankruptcy petition or have one filed against you;
If during an Introductory or Promotional Rate period, we have not
we obtain information that causes us to believe that you may be unwilling
received the required minimum monthly payment within 60 days of the
or unable to pay your debts to us or to others on time including, but not
respective payment due date, we will increase the applicable APR to the
limited to, your failure to make any payment to us on any other
Penalty APR. Introductory and/or Promotional Rates will not be
indebtedness or loan; you are declared incompetent by a court or a court
reinstated.
appoints a guardian/ conservator for you or your assets; you die.
FEES
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
TRANSACTION, ANNUAL AND PENALTY FEES:
law and/or exercise our rights under the Security Agreement and
Assignment of Secured Credit Card Savings Account (subject to
Please see the ACCOUNT OPENING DISCLOSURE for information
applicable law regarding notice or right to cure). To the extent permitted
regarding the specific Fees that may be charged to your Account.
by law, if you are in default you will pay our collections costs, attorneys'
Minimum Interest Charge
fees, court costs, and all other expenses of enforcing our rights under
A minimum Interest Charge will be imposed in any billing cycle for which
this Agreement.
an Interest Charge is payable, and will appear on your Statement as a
Fee.
ALLOCATION OF PAYMENTS
We will allocate your minimum payment in the manner we determine.
Annual Fee
We will apply the amount in excess of the minimum payment to balances
An Annual Fee will be charged annually to your Account.
with higher APRs before balances with lower APRs.
The imposition or payment of an Annual Fee does not affect or limit our
right to terminate this Agreement, cancel your Account, and demand
RECEIPT OF PAYMENTS
payment, in a manner permitted by law, of any amounts owed on your
Payments received before 5 PM CT at the address shown on your
Account.
Statement on any of our regular Business Days will be posted as of the
date of receipt. Payments made in person before the close of business
Late Payment Fee
to an employee at a Commerce branch will be posted as of date of
For each minimum payment not received by the fifteenth day following
receipt. Payments mailed to the address shown or made in person at a
the payment due date, we may charge a Late Payment Fee.
branch must be accompanied by the Account number or payment stub,
and in the form of a check or money order in Dollars drawn on a U.
Foreign Transactions
S. financial institution. Convenience Checks will not be accepted as a
form of payment. Do not send cash through the mail. A delay in crediting
Visa and MasterCard Purchases, cash withdrawals and Cash Advances
the payment to your Account may occur if the payment does not meet
made in currencies other than U.S. Dollars will be converted to U.S.
these requirements for making payments (conforming payments). In no
Dollars under regulations established by VISA International and
case shall such delay exceed five days from receipt of such payment.
MasterCard International. Visa conversion will be at a rate selected by
The cutoff time for payments made on any of our regular Business Days
Visa from the range of rates available in wholesale currency markets for
through Commerce as transfers from your Commerce deposit account
the applicable central processing date, which may vary from the rate
are as follows: Commerce ATM, 7:00 PM CT: Commerce Online
Visa itself receives or the government-mandated rate in effect for the
Banking, including Mobile Banking, 7:00 PM CT; Commerce Account
applicable central processing date. MasterCard conversion will be at a
Information Line, 7:00 PM CT; Commerce BankCards Online, 11:00 PM
rate selected by MasterCard, typically either a government-mandated
CT; Commerce Collections Department, 11:00 PM CT. A payment made
rate or a wholesale rate provided to MasterCard. Conversion to U.S.
through Commerce Online Bill Pay will be posted on the Pay Date.
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
Conforming payments received after the respective cutoff time will be
the time of the transaction. You agree to pay the converted amount plus
posted no later than the next Business Day. Payments made by a third-
the applicable foreign transaction fee. For Purchases, cash withdrawals,
party payor, will be posted as of the date we receive the payment.
and Cash Advances made in U.S. dollars outside of the United States
and its territories, you agree to pay the transaction amount, plus the
When the due date falls on a weekend or holiday, your payment due
applicable foreign transaction fee.
date will be on the next Business Day.
Balance Transfer Or Convenience Check Transaction Fee
We may accept late payments, partial payments or checks and money
You will not be charged a Transaction Fee, with a minimum and no
orders (or accompanying written communication) containing a statement
maximum, for each Balance Transfer and/or Convenience Check posted
to the effect that the instrument was tendered as "payment in full," full
to your Account.
satisfaction of a disputed claim or other similar language without losing
any rights under this Agreement or under the law. All such payments or
Non Overdraft Cash Advance Transaction Fee
written communications must be mailed to: Commerce Bank, P.O. Box
You will not be charged a Transaction Fee, with a minimum and no
410857, Kansas City, MO 64141-1857.
maximum, for each Cash Advance posted to your Account.
CHANGE OF TERMS
Overdraft Cash Advance Transaction Fee
Provided the Account is meeting the terms of this Agreement: (1) We
You will not be charged a Transaction Fee for each Cash Advance
will not increase an Introductory APR during any Introductory Rate
resulting from the overdraft protection.
period; and (2) We will not increase any APR, Annual Fee or minimum
Interest Charge for 12 months following account opening, except for
Overlimit Fee
increases due to the expiration of an Introductory or Promotional Rate
In the event your balance exceeds your credit limit, no Fee will be
period, if any; changes in the Prime Rate; completion or failure of a
charged.
temporary hardship arrangement; or the end of military service to which
the provisions of the Servicemembers Civil Relief Act (SCRA) apply.
OTHER FEES:
("Exceptions"). Otherwise, we may change the terms of the Agreement
at any time, after notice and the right to reject if required by law.
Returned Payment Fee
Changes in any APR, other than the stated Exceptions, Annual Fee or
A Fee will be charged for any check or other form of payment sent to us
minimum Interest Charge will apply to new transactions created after the
which is returned unpaid.
end of the 14th day following our providing notice to you. If you reject a
change, your Account will be cancelled and you will no longer be able to
Convenience Checks and Document Copy Charges
use the Account.
Charges for Convenience Checks and requests for copies of sales
drafts, Statements or other documents related to your Account may be
Cancellation of your Account will not affect your liability to us for credit
billed on your Account as Purchases in accordance with the fee schedule
we have extended to you, including amounts not yet billed to your
established by us from time to time. No charge will be made for copy
Account.
requests related to billing error resolution within 60 days of the disputed
transaction.
ELECTRONIC RECORDS
You agree that this document and all paper records related to your
TOTAL FEE COMPUTATION
Account and whether or not the other paper records were submitted,
We add all Fees assessed to obtain your total Fees for each billing cycle
received or obtained in advance of, contemporaneously with or
(excluding Balance Transfer and/or Convenience Check Fees). We will
subsequent to, the delivery of this document may, at the option of
assess Balance Transfer Fees and/or Convenience Check Fees to your
Commerce Bank, be converted by any digital or electronic method or
Account in the same balance category to which the transaction is posted.
process to an electronic record or subsequently further converted or
migrated to another electronic record format or electronic storage
CANCELLATION
medium. You further agree that upon conversion to an electronic record
To the extent permitted by law, Commerce Bank may cancel your
as authorized herein such electronic record shall be the record of the
Account, refuse to allow further transactions against your Account or
transaction and the electronic record shall have the same legal force and
revoke your Card(s) at any time (whether or not you are in default of any
effect as the paper documents from which it was converted. You waive
part of this Agreement) including, without limitation, when any affiliation
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any legal requirement that any documents digitally or electronically
When we receive your letter, we must do two things:
converted be embodied, stored, or reproduced in a tangible media. You
1. Within 30 days of receiving your letter, we must tell you that we
undersigned and agree that a printed or digitally reproduced copy of the
received your letter. We will also tell you if we have already corrected the
electronic record shall be given the same legal force and effect as a
error.
signed writing. In addition, you authorize and agree to destruction of the
paper documents by Commerce Bank upon conversion of the paper
2. Within 90 days of receiving your letter, we must either correct the error
documents to a digital or electronic record.
or explain to you why we believe the bill is correct.
PERMISSION TO CONTACT
While we investigate whether or not there has been an error:
You agree, in order for us to service your account or to collect any
We cannot try to collect the amount in question, or report you
amounts you may owe, we may contact you by telephone at any
as delinquent on that amount.
telephone number associated with your account, including wireless
The charge in question may remain on your Statement, and
telephone numbers, which could result in charges to you. We may also
we may continue to charge you interest on that amount.
contact you by sending text messages or emails, using any telephone
While you do not have to pay the amount in question, you are
number or email address you provide to us. You consent and
responsible for the remainder of your balance.
acknowledge that methods of contact may include using pre-
We can apply any unpaid amount against your credit limit.
recorded/artificial voice message and/or use of an automatic dialing
After we finish our investigation, one of two things will happen:
device, as applicable. You further consent and agree that our personnel
If we made a mistake: You will not have to pay the amount in
may listen to and/or record phone calls between you and our
question or any Interest Charges or other Fees related to that
representatives without additional notice to you, including but not limited
amount.
to calls we make to service your account or collect debt(s).
If we do not believe there was a mistake: You will have to pay
MILITARY LENDING ACT DISCLOSURE
the amount in question, along with applicable Interest Charges
Federal law provides important protections to members of the Armed
and Fees. We will send you a Statement of the amount you
Forces and their dependents relating to extensions of consumer credit. In
owe and the date payment is due. We may then report you as
general, the cost of consumer credit to a member of the Armed Forces
delinquent if you do not pay the amount we think you owe.
and his or her dependent may not exceed an annual percentage rate of
36 percent. This rate must include, as applicable to the credit transaction
If you receive our explanation but still believe your bill is wrong, you must
or account: The costs associated with credit insurance premiums; fees
write to us within 10 days telling us that you still refuse to pay. If you do
for ancillary products sold in connection with the credit transaction; any
so, we cannot report you as delinquent without also reporting that you
application fee charged (other than certain application fees for specifed
are questioning your bill. We must tell you the name of anyone to whom
credit transactions or accounts); and any participation fee charged (other
we reported you as delinquent, and we must let those organizations
than certain participation fees for a credit card account). You can call toll
know when the matter has been settled between us.
free to 855-225-1576 to hear the applicable required Military Lending Act
disclosures.
If we do not follow all of the rules above, you do not have to pay the first
$50 of the amount you question even if your bill is correct.
MISCELLANEOUS PROVISIONS
You also agree that:
Your Rights If You Are Dissatisfied With Your Credit Card
We may refuse to extend credit to you or anyone using your
Purchases
Account or Card(s).
We will not be liable or responsible for anyone's refusal to honor
If you are dissatisfied with the goods or services that you have
your Card(s).
Purchased with your credit card, and you have tried in good faith to
Each Account you have with us is separate from any others you
correct the problem with the merchant, you may have the right not to pay
have with us, and Interest Charges will be charged on each
the remaining amount due on the Purchase.
Account's balance at the APR given with each Cardholder
Agreement. Each individual Account will be designated by an
To use this right, all of the following must be true:
individual Account number.
1. The Purchase must have been made in your home state or within 100
Your Card(s) are Commerce Bank property.
miles of your current mailing address, and the purchase price must have
We may change the premium enhancements offered at any time
been more than $50. (Note: Neither of these are necessary if your
without further notice to you.
Purchase was based on an
Merchants with whom you've shared your Account number may be
advertisement we mailed to you, or if we own the company that sold you
updated with new Account information to ensure the continuation of
the goods or services.)
your payment agreement.
2. You must have used your credit card for the Purchase. Purchases
You will not use your Card(s) for any purpose that has been
made with Cash Advances from an ATM or with a check that accesses
deemed illegal. We reserve the right to deny authorization requests
your credit card Account do not qualify.
from online gambling merchants, whether or not online gambling is
3. You must not yet have fully paid for the Purchase.
illegal in the state in which you reside.
Commerce Bank may share your Account experience and
If all of the criteria above are met and you are still dissatisfied with the
transaction information with its Affiliates, which are members
Purchase, contact us in writing at:
of the Commerce Corporate family as defined in your Privacy
Policy Notice. Unless you call 1-800-543-4845, you agree that
Commerce Bank
Commerce Bank and its Affiliates may also share other
P.O. Box 411036, Kansas City, MO 64141-1036.
information about you or your Account.
You must notify us immediately at Commerce Bank, P.O. Box
While we investigate, the same rules apply to the disputed amount as
411036, Kansas City, MO 64141-1036, if you believe any
discussed above. After we finish our investigation, we will tell you our
information we reported to a credit reporting agency is inaccurate.
decision. At that point, if we think you owe an amount and you do not
pay, we may report you as delinquent.
CHANGES IN ADDRESS
You agree to notify us immediately if you change your address.
LIABILITY FOR UNAUTHORIZED USE
If your name appears on the Account for the Card(s) accompanying this
INTERPRETATION
Agreement, then by using or permitting another to use the Card(s) and/or
The Agreement shall be governed by applicable federal law and
PIN, you agree to all the provisions of this Agreement, including, but not
regulations. To the extent not preempted by applicable federal law, this
limited to your promise to pay. You will not be liable for unauthorized
Agreement shall be governed by the laws of the state of Missouri.
use that occurs after you notify Commerce Bank orally or in writing.
Notification of loss, theft or possible unauthorized use may be mailed to
Your Billing Rights: Keep this Document for Future Use
Commerce Bank, P.O. Box 411036, Kansas City, MO 64141-1036, or
This notice tells you about your rights and our responsibilities
you may call 1-800-645-2103.
under the Fair Credit
Billing Act.
What To Do If You Find A Mistake On Your Statement
If you think there is an error on your Statement, write to us at:
If you have any questions regarding this Agreement, or our current fee
Commerce Bank
schedule, write to us at Commerce Bank, P.O. Box 411036, Kansas
P.O. Box 411036, Kansas City, MO 64141-1036.
City, MO 64141-1036, or call us at 1-800-645-2103.
You may also send us this information via fax at 1-816-234-2811
In your letter, give us the following information:
Account information: Your name and Account number.
Dollar amount: The dollar amount of the suspected error.
Description of problem: If you think there is an error on your
bill, describe what you believe is wrong and why you believe it
is a mistake.
You must contact us:
Within 60 days after the error appeared on your Statement.
At least 3 Business Days before an automated payment is
scheduled, if you want to stop payment on the amount you
think is wrong.
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
may have to pay the amount in question.
What Will Happen After We Receive Your Letter
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Commerce Bank
OPTIONAL FEATURES
Member FDIC
Commerce Bank credit cards may come with optional credit card
access using the Special Connections Feature, you may use your Card
payment features, including Special Connections and toggle
The
to perform the following functions where otherwise permitted:
Special Connections and toggle features are offered at the sole
discretion of Commerce Bank ("Commerce") to Accountholders ("You" or
ATM Transaction
"Your") that have Qualified Commerce Bank Credit Card Accounts. A
At the ATM, insert your Card and enter the credit card PIN that you
"Qualified Commerce Credit Card Account" means any open Account
established for this Card to (i) withdraw cash from, deposit money in,
that is not designated by Commerce as lost, stolen, fraud transferred,
transfer funds between, or learn the balances in your checking, regular
credit revoked, closed, bankrupt, charged off, or in Consumer Credit
savings or money-market accounts; (ii) use funds from your checking,
Counseling or recovery. By using these optional features, you
regular savings, and money-market accounts to make payments on your
acknowledge that you have read and accepted the Commerce Bank
Commerce credit cards, lines of credit or loans or (iii) take cash
Special Connections Terms and Conditions and the Commerce Bank
advances on your Commerce credit cards.
toggle Terms and Conditions which shall govern your use of and rights
under these optional features.
The account(s) you designate for ATM accessibility will be considered
your Special Connections Feature at the ATM Account(s) ("ATM
The Special Connections and toggle) Terms and Conditions are a
Account"). If you wish to designate one or more checking accounts as
separate agreement and are not part of your cardholder agreement.
an ATM Account, then you must designate one of those checking
accounts as your Point of Sale Account as defined below. In order to
SPECIAL CONNECTIONS FEATURE
have ATM access to your checking accounts, you must at all times
With the Special Connections Feature, and as permitted from time to
maintain a Point of Sale Account. If you no longer have a Point of Sale
time, you may use your Card to access Commerce Bank Special
Account, then you will lose ATM access to all of your checking accounts.
Connections Feature-eligible deposit accounts, credit cards, lines of
credit, and/or loans. You may request the Special Connections Feature
Commerce has no control over the functionalities offered at non-
from a Commerce Bank branch, through Commerce Bank Online
Commerce ATMs. Some or all of these features may not be available at
Banking, or from our Customer Service Department at 1-800-645-2103.
all non-Commerce ATMs and some ATMs may allow you to perform
These features are not automatically activated.
other functions not mentioned here, including the ability to make
purchases (e.g. stamps). If at any time you use a non-Commerce ATM
For customers with a Special Connections Visa or MasterCard credit
to request to take money from an account that you do not have or if the
card, please note: The Special Connections Feature is different from
a
non-Commerce ATM does not prompt you to select a specific account
Commerce Bank Special Connections Visa or MasterCard credit card.
from which to take the money, then you agree that Commerce will
The Special Connections Feature allows you to add certain functionality
attempt to comply with your request by providing you with money from
to any Commerce Bank-issued credit card, including Commerce Bank's
one of your open ATM Accounts. Cash withdrawals may be taken from
Special Connections Visa or MasterCard credit card. However, your
any open deposit ATM Account owned by you and cash advances may
Special Connections Visa or MasterCard credit card is not automatically
be taken from any credit card ATM Account owned by you.
enabled with the Special Connections Feature. You must proactively
enroll any credit card, including your Special Connections Visa or
Point of Sale Transaction
MasterCard credit card, in the Special Connections Feature in order for
You may designate one (1) checking account as your Special
that card to utilize the Special Connections Feature's capabilities
Connections Feature at the Point of Sale Account ("Point of Sale
described herein.
Account"). At merchants that have agreed to accept the Card on
networks utilized by us, you can use funds in your Point of Sale Account
ELECTRONIC FUND TRANSFERS
to pay for your purchases. The use of your Card in this manner
The following provisions apply only to Electronic Fund Transfers
constitutes a simultaneous withdrawal from and/or demand upon your
("EFTs"). EFTs are any transfer of funds initiated with your Card(s) at an
checking account, even though the transaction may not actually be
ATM or as a debit transaction at Point of Sale. We can cancel these
posted to your account until a later date.
services at any time and for any reason without notice. We can also
cancel your entire Account, including credit card services, and revoke
Only Commerce checking accounts are eligible for this functionality and
your Card(s) as provided in the CANCELLATION paragraph above. This
only one (1) Commerce Bank checking account can be designated as
may be done by an ATM or merchant not returning your Card(s) to you.
the Point of Sale Account at any one time. Your Point of Sale Account
We may change the terms of this Agreement relating to EFTs without
shall always remain as an ATM Account. If at any time you instruct
notice to you unless required by law.
Commerce to remove the Point of Sale capabilities from your card, you
will no longer have access to any of your checking accounts at the ATM.
TELEPHONE NUMBER AND ADDRESS TO BE NOTIFIED IN EVENT
OF UNAUTHORIZED TRANSFER
ATM and Point of Sale transactions will post to your checking account(s)
Tell us AT ONCE if you believe your card has been lost or stolen, or if
as detailed in your Deposit Agreement.
you believe that an electronic fund transfer has been made without your
permission using information from your check. Telephoning is the best
Foreign Transaction
way of keeping your possible losses down. You could lose all the money
For transactions occurring outside of the United States, the nature of
in your account plus your maximum overdraft line of credit. If you tell us
which is unspecified to us, we will apply the transaction to accounts in
within 2 business days after you learn of the loss or theft of your card,
the following order: checking, money-market, regular savings,
Commerce Visa or Commerce MasterCard.
you can lose no more than $50 if someone used your card without your
permission.
Limitation on Frequency of Transfers. There are no limitations on the
If you do NOT tell us within 2 business days after you learn of the loss or
number of transfers that can be made during any time period to or from
theft of your card, and we can prove we could have stopped someone
any deposit account, except as provided by federal regulations limiting
from using your card without your permission if you had told us, you
preauthorized transfers. By federal regulation, you are limited during any
could lose as much as $500.
statement cycle to six preauthorized transfers (three of which may be by
check, draft or similar order if the account is a money market-type
Also, if your statement shows transfers that you did not make, including
account).
those made by card, code or other means, tell us at once. If you do not
tell us within 60 days after the statement was mailed to you, you may not
Limitation on Dollar Amount of Transfers. The balance available for
get back any money you lost after the 60 days if we can prove that we
authorizing purchases and cash withdrawals is the lesser of 1) your
could have stopped someone from taking the money if you had told us in
available deposit account balance, plus any credit available through an
time. If a good reason (such as a long trip or a hospital stay) kept you
overdraft protection line of credit or through any overdraft authorized by
from telling us, we will extend the time period. By permitting another
us in our sole discretion, OR 2) daily dollar limitations. For cash
person to use the card, you authorize and are fully liable for any
advances against a Commerce Bank credit card, you may withdraw cash
transactions that person initiates until that person's authority is ended.
up to the lesser of your credit line or daily dollar limitations. In addition,
You may only end that person's authority by notifying us.
daily withdrawal frequency limitations may apply to cash advances.
Dollar limitations may differ at ATMs other than ours.
If you believe your card has been lost or stolen, or that someone has
transferred or may transfer money from your account without your
Online Gambling. You agree that you will not use your card for any
permission, call us at 1-800-617-7480 or write to us at Commerce Bank,
purpose that has been deemed illegal. We reserve the right to deny
PO Box 411036, Kansas City, MO 64141-1036. You should also call the
authorization requests from online gambling merchants, whether or not
number or write to the address listed above if you believe a transfer has
online gambling is illegal in the state in which you use your card.
been made using the information from your check without your
permission.
Reservations and Merchant Authorization. Under certain
circumstances, a merchant (e.g., hotel) may require the use of a card to
BUSINESS DAY
guarantee reservations that may result in a hold on the available funds
in
Our business days are Monday through Friday. Federal Reserve
the account. If you cancel any guaranteed reservation made using the
holidays are not included.
card, you must obtain a cancellation number. If you fail to do so, the hold
placed for the guaranteed reservation will not be canceled and the
TYPES OF AVAILABLE TRANSFERS AND LIMITS ON TRANSFERS
amount will be held against the balance in the account. This may limit
Account Access. The following EFTs are only available if you request
your future transactions. Further, if the merchant subsequently charges
the
Special Connections Feature. Depending on the type of accounts
the amount of the guaranteed reservation to the account, we will not be
that Commerce determines from time-to-time are eligible for the Special
obligated to re-credit the account if you fail to obtain a cancellation
Connections Feature as well as which of your accounts you choose to
number. In addition, authorizations issued for card transactions must be
canceled when you initiate a card transaction and subsequently use
another form of payment for the transaction such as a credit card or
cash, since failure to have the authorization canceled may also result in
a hold on funds in the account and limit your future transactions.
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POINT OF SALE TRANSACTIONS
damages. However, there are some exceptions. We will not be liable, for
SM
The use of your card with the Special Connections Feature to
instance:
purchase goods and services constitutes a simultaneous withdrawal from
If through no fault of ours, you do not have enough money in your
and/or demand upon your checking account, even though the transaction
account to make the transfer.
may not actually be posted to your account until a later date. Any person
If the transfer would go over the credit limit on your overdraft line.
or merchant honoring your card may be required to obtain approval or
If the ATM where you are making the transfer does not have
authorization for any transaction. When we approve a non-PIN
enough cash.
transaction (which may or may not require your signature), we may
If the terminal or system was not working properly and you knew
immediately reduce the available balance in your checking account by
about the breakdown when you started the transaction.
the authorization amount requested by the merchant even though we
If circumstances beyond our control (such as flood or fire) prevent
have not received the transaction electronically for payment, which may
the transfer, despite reasonable precautions that we have taken.
differ from the final posted amount.
There may be other exceptions stated in our Agreement with you.
This authorization amount will not be available until our receipt of the
ERROR RESOLUTION PROCEDURES
transaction OR no more than three business days after the transaction
In case(s) of errors or questions about your EFTs, telephone us at 1-800-
date, whichever first occurs. If funds are not available for checks, other
617-7480 or write us at Commerce Bank, PO Box 411036, Kansas City,
items or debits, you may be subject to overdraft or insufficient funds fees.
MO 64141-1036 as soon as you can, if you think your statement or
Transactions with your card will be posted to your account in the order
receipt is wrong, or if you need more information about a transfer listed
and with the same legal effect as checks or other debits drawn on your
on the statement or receipt. We must hear from you no later than 60
account. You may use your card only in the manner and for the purposes
days after we sent the FIRST deposit statement on which the problem or
authorized by this Agreement. We may recognize a transaction even if
error appeared.
we have not authorized it, but that does not mean we will authorize the
Tell us your name and account number.
same type of transaction again. You do not have the right to stop
Tell us the name of the merchant, the transaction date and the
payment on any transaction originated by use of your card with the
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
more information.
Overdrafts. You are responsible for all authorized transactions initiated
by use of your card with the Special Connections Feature. If a negative
Tell us if you have already attempted to resolve the issue directly
balance (overdraft) in your checking account results from the use of the
with the merchant.
card with the Special Connections Feature, you will pay us on demand
If you tell us orally, we may require that you send your complaint or
this negative balance and our then current charge for overdrafts. If you
question in writing within 10 business days.
have an overdraft line of credit (Checking Plus) for an account, you are
bound by the rules and regulations that apply to that credit privilege
We will determine whether an error occurred within 10 business days
(Overdraft Protection). In addition, if your checking account is closed
after we hear from you and will correct any error promptly. If we need
before transactions are posted, you will pay us on demand the
more time, however, we may take up to 45 calendar days to investigate
outstanding amount.
your complaint or question. If we decide to do this, we will credit your
deposit account within 10 business days for the amount you think is in
FEES
error so that you will have the use of the money during the time it takes
Fees for all Electronic Fund Transfer services are disclosed in our fee
us to complete our investigation. If we ask you to put your complaint or
schedule. You will receive a fee schedule at account opening. You may
question in writing and we do not receive it within 10 business days, we
request a copy of our current fee schedule at any Commerce branch or
may not credit your deposit account.
by contacting 1-800-453-2265. When you use an ATM not owned by us
you may be charged a fee by the ATM operator (or any network used) for
For errors involving new accounts, point-of-sale, or foreign-initiated
a transaction or for a balance inquiry even if you do not complete a fund
transactions, we may take up to 90 days to investigate your complaint or
transfer.
question. For new accounts, we may take up to 20 business days to
credit your account for the amount you think is in error.
RIGHT TO RECEIVE DOCUMENTATION OF TRANSFERS
We will tell you the results within three business days after completing
Terminal Receipts. You will get a receipt at the time you make any
our investigation. If we decide that there was no error, we will send you a
transfer to or from your deposit account using an ATM or electronic POS
written explanation. You may ask for copies of documents that we used
terminal.
in our investigation.
Preauthorized Credits. If you have arranged to have direct deposits
TOGGLE FEATURE
made to your deposit account at least once every 60 days from the same
Commerce may add toggle to any Qualified Commerce Visa or
MasterCard Credit Card Account.
person or company, you can call us at 1-800-746-8704 to find out
whether or not the deposit has been made.
DEMAND DEPOSIT ACCOUNT
Periodic Statement. You will get a monthly deposit statement if you
You may link up to two (2) DDAs to Your Qualified Commerce Credit
have a deposit account upon which checks or drafts may be drawn. You
Card Account for the use of the toggle payment feature.
will get a monthly deposit statement on your regular savings account if
there are electronic transfers during the month. In any case, you will get
If You link a Commerce DDA to Your Account, that DDA must be an
a regular savings deposit statement quarterly.
open checking account. You must have an ownership relationship to that
DDA in order to link it to Your credit card Account. Any person using the
DISCLOSURE OF ACCOUNT INFORMATION TO THIRD PARTIES
Account and/or related Card(s) with the expressed or implied permission
We will disclose information to third parties about your account or the
of any of the applicants ("Authorized Users") will have access to the
transfers you make:
linked DDA through the use of Your Account.
Where it is necessary for completing transfers. Merchants with
whom you've shared your account number may be updated with
Any DDA that has been designated by Commerce as having a
new account information to ensure the continuation of your payment
garnishment, a closed-to-posting restriction, or has been forced to close
agreement.
by Commerce, will not be eligible to link to Your Account for the purpose
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
feature.
In order to comply with government agency or court orders.
If you give us your permission.
If You link a non-Commerce DDA to Your Account, You must provide
In accordance with our current Privacy Policy Notice.
Commerce with the account number and the routing information for that
financial institution. Certain transaction restrictions may apply to such
RIGHT TO STOP PAYMENT OF PREAUTHORIZED TRANSFERS AND
non-Commerce DDAs. Please refer to such bank's terms and conditions
PROCEDURES FOR DOING so; RIGHT TO RECEIVE NOTICE OF
of Your DDA for applicable fees, restrictions and/or limitations of Your
VARYING AMOUNTS; AND OUR LIABILITY FOR FAILURE TO STOP
DDA.
PAYMENT
If you have told us in advance to make regular payments out of your
PAYMENT PREFERENCES
deposit account, you can stop any of these payments. Here's how: Call
"Payment Preferences" means the selection of a category, setting and/or
us at 1-800-617-7480 or write us at Commerce Bank, PO Box 411036,
amount you choose to determine if a credit card purchase is to be paid
Kansas City, MO 64141-1036 in time for us to receive your request three
for from your linked DDA or if it is to remain a part of your credit card
business days or more before the payment is scheduled to be made. If
balance.
you call, we may also require you to put your request in writing and get it
to us within 14 days after your call.
PAY NOW™
"Pay Now™ means a credit card purchase that will be automatically
Notice of Varying Amounts. If these regular payments may vary in
paid for from Your DDA according to Your Payment Preferences. Any
amount, the person you are going to pay will tell you, 10 days before
purchase made by You or an Authorized User with Your Account, will be
each payment, when it will be made and how much it will be. You may
paid for from the DDA that has been linked to Your Account, and in
choose to get this notice only when the payment would differ by more
accordance with the Payment Preferences that have been selected by
than a certain amount from the previous payment, or when the amount
the applicants of the Account.
would fall outside certain limits that you set.
When a toggle credit is posted to your Account, we reserve the right to
Liability for Failure to Stop Payment of Preauthorized Transfers. If
place a temporary hold on the available credit created by the toggle
you order us to stop one of these payments three business days or more
credit. Toggle does not, nor is it intended to, shorten the time-frame in
before the transfer is scheduled, and we do not do so, we will be liable
which your available credit is replenished after a payment to your
for your losses or damages.
Account.
Our Liability for Failure to Make Transfers. If we do not complete a
Purchases may take 1-2 business days to post to Your Account following
transfer to or from your deposit account on time or in the correct amount
the date of Purchase. After the Purchase has posted to Your Account, an
according to our Agreement with you, we will be liable for your losses or
ACH may take 1-2 business days to appear as a debit on Your DDA.
5
Payments are not applied to the required minimum payment due on Your
This authorization is to remain in effect until Commerce has received
Statement each month. You will still have a required minimum payment
electronic notice of termination from You. You may terminate toggle
due each month, which will appear on Your Statement and will be
electronically through Online Banking, or by contacting us at 1-800-645-
subject to the terms of Your cardholder agreement.
2103. Your notice must be sent in such time and manner as to afford
Commerce Bank a reasonable opportunity to act upon the termination
PAY LATER TM
(but in no event less than three business days). Commerce reserves the
"Pay Later TM" means any Purchase that is made with Your Account that
right to decline or cancel toggle service at any time.
will not be automatically paid for from a DDA, and will become a part of
your outstanding credit card balance.
You may choose to use the Pay Later TM feature for Your Purchases by
choosing not to activate a specific Payment Preference, by deactivating
a previously chosen Payment Preference, by cancellation of a linked
DDA, or by the cancellation of the toggle payment feature from Your
credit card Account.
UNWIND
"Unwind means the ability to return funds that were used to pay for a
Purchase from Your DDA with the Pay Now™ feature, and to have the
original Purchase placed back on to Your Account.
You will have up to 30 calendar days to use the Unwind feature for a
Pay Now™ feature Purchase. When the Purchase posts back to Your
Account, it will post with the original transaction date, and will be subject
to interest charges according to the terms of Your Cardholder
Agreement. We reserve the right to limit the total amount of your
Unwind feature requests from exceeding the available credit for Your
Account.
TOGGLE ON DEMAND TM
"toggle On Demand TM" means any credit card purchase that You
manually choose to be paid from either Your DDA or reward points after
the transaction posts to Your Account.
ACH RETURNS
If an ACH payment request is returned for any reason, the original
Purchase that initiated that ACH payment request will be posted back to
Your Account, and will be due according to the terms of Your Cardholder
Agreement.
An ACH return for any reason will result in the deactivation of any active
Payment Preferences for the DDA that caused the return, and any other
DDA that might share an active Payment Preference. Your Payment
Preferences will remain deactivated until such time that you re-activate
Your Payment Preferences.
If Your Payment Preferences are not active, any pending and future
Purchases that previously matched that Payment Preference, will post to
Your Account and will not initiate an ACH payment request. These
Purchases will become a part of your outstanding credit card balance
with Commerce, and will be due according to the terms of Your
Cardholder Agreement.
If You have linked a Commerce DDA to Your Account, any ACH
payment request that would result in an overdraft of Your DDA will be
returned to Your Account, and no overdraft or insufficient funds fees will
be assessed to You. If you have linked a non-Commerce DDA to Your
Account, You may be assessed overdraft and/or insufficient funds fees
according to that financial institution's deposit agreement.
toggle R ALERTS
Commerce will use the email address provided by You at the time of the
Account(s) or Card(s) opening to notify you of important changes in
regards to the toggle payment feature for Your Account. You will not be
able to turn off these notifications. You agree that You are responsible
for maintaining a valid email address and agree to notify us of any
change in Your email address. You can change the email address for
account notification at any time through Commerce Online Banking.
Should delivery of the account notification be unsuccessful, it remains
Your responsibility to monitor Your toggle Payment Preferences in a
timely manner from Commerce Online Banking.
GENERAL TERMS & CONDITIONS
You must be enrolled in a Commerce Rewards Program in order to
receive rewards for Your Purchases.
Commerce reserves the right, in its sole discretion, to suspend, cancel or
modify the toggle payment feature at any time and for any reason and
without prior notice.
Commerce reserves the right, in its sole discretion, to add, delete,
change or revise these Terms and Conditions including, but not limited
to, qualifications for participation in toggle
R
Commerce reserves the right, in its sole discretion, to disqualify any
Accountholder from participation in toggle in cases of actual or
suspected abuse, fraud, violations of these Terms and Conditions or any
actual or suspected abuse or fraud with respect to the Account or DDA.
Neither Commerce nor its third-party service providers, their respective
employees, officers, affiliates or agents will be liable to You for any
action or inaction any of them take or fail to take with respect to toggle
or any changes to these Terms and Conditions.
All trademarks, service marks and trade names used by Commerce for
toggle including the toggle design are property of Commerce. No use
of these may be made without the prior written authorization of
Commerce.
By using toggle You agree to all of the toggle features, limitations and
restrictions contained in these Terms and Conditions as well as any
additional terms and conditions contained in any programs, promotions
or transactions that may be offered to You from time-to-time and any
terms and conditions contained in any document issued to You by
Commerce.
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