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Commerce DirectCheck® Visa® Card


COMMERCE DIRECTCHECK CARD AGREEMENT AND FEDERAL ELECTRONIC FUND TRANSFER ACT DISCLOSURE

This agreement (“Agreement”) sets forth the terms and conditions under which you may use the Commerce DirectCheck Card (the ”Card”) to obtain cash and goods and services through automated teller machines (“ATM”) and debit card transactions, including point of sale (“POS”) transactions (“electronic fund transfers” or “EFTs”). “You” and “your” mean any applicant for the Card and any person using the Card with the expressed or implied permission of any of the applicants. Therefore, any person whose name appears on the Card accompanying this Agreement concurs, either by using or permitting another to use the Card, to all provisions of this Agreement. “We,” “us”, “our” and “Commerce” means Commerce Bank, our successors and assigns.

The Card is offered only to individuals who can lawfully work in the United States and by applying for or using the Card you represent and warrant to Commerce that you are such an individual. Commerce in its sole discretion may refuse to issue the Card to anyone for any reason. The Card is offered to you through your employer or other business or nonprofit entity that may advance funds to you (“Payer”). The Payer is not the issuer of the Card, and is not responsible for your Card or for your use of the Card.


Your Card and Loading Value on the Card

The Card is a reloadable, prepaid card. This means that there is no separate deposit account established for you at Commerce that is associated with the Card. There is a limited purpose host account at Commerce in which the funds that are stored on the Cards are maintained. You have no rights in those funds, except to access the funds through the Card in accordance with this Agreement.

You may only access the funds in this account with your Card in accordance with this Agreement. You may not make any deposit, withdrawal or any other transaction with the Card, except for the transactions described in this Agreement. In order to obtain the Card, you must have previously agreed with the Payer either 1) to receive all or a portion of your wages, salary, expense reimbursement or other compensation (“Compensation”); or 2) to receive advances for purchases or expenses (“Expenses”) from the Payer by means of funds loaded onto the Card. The Payer is responsible for instructing Commerce to load the funds onto the Card each pay period or as otherwise agreed. Once the funds are loaded onto the Card, you may use the Card for the type of transactions described in this Agreement. These funds are available for your withdrawal as provided in this Agreement by the later of our opening of business on your payday or the close of business on the day on which we receive the funds from the Payer. If your payday or the day on which we receive the funds from the Payer, as applicable, is not a business day for us, the funds will be available to you by the opening of business on the next business day we are open. Commerce does not pay any interest on the funds stored on the Card. The Commerce DirectCheck Card has no minimum balance requirements.

If the funds on the Card are Compensation, the funds belong to you, and the underlying funds on deposit with Commerce are FDIC insured.  If the funds are Expenses, the funds belong to the Payer, and the underlying funds on deposit with Commerce are not FDIC insured for your benefit.

The amount of funds stored on the Card as shown on the records of Commerce will be determinative of the balance on the Card, unless you can show us differently to our satisfaction. There is no credit line associated with your Card. This means that you must have a sufficient balance of funds on the Card at the time of a transaction in order to pay for the transaction. If a merchant or an ATM operator attempts to submit a transaction on the Card for an amount that is greater than the current balance on your Card, the transaction may not be approved by Commerce. In the event that Commerce, in its sole discretion, settles or pays a transaction with your Card when there are insufficient funds stored on the Card to pay for the transaction, there will be a negative balance on your Card. You agree to pay Commerce the amount of the negative balance. We may deduct the negative balance from funds subsequently loaded on your Card.


Your Personal Identification Number/Signature on the Card.

The Card will be issued to you by Commerce upon approval of your application for the Card. You must activate the Card before using it. In order to protect the use of your Card at ATMs, a personal identification number (“PIN”) will be required in order to conduct a transaction with your Card at an ATM. You may create a PIN when you activate your Card. You should not disclose your PIN to anyone. If the security or confidentiality of your PIN is compromised, you should notify Commerce at once. The PIN is for your use and protection. You agree to: (a) not disclose the PIN or otherwise make it available to anyone else; (b) be liable for the PIN and for its authorized use and for its unauthorized use as described in this Agreement. Unless you notify us as provided in this Agreement, you acknowledge that we are entitled to rely on the use of your PIN as your authorization for any Transaction using the Card and PIN. We reserve the right to implement additional security procedures, such as limiting the frequency and dollar amount of transactions from your Card for security reasons. A PIN may not be needed in order to purchase goods or services at merchant locations that accept Visa® debit cards. There is a panel on the back of the Card for your signature. You should sign this panel on your Card as soon as you receive it to help protect your Card from unauthorized use. However, your responsibility for transactions with the Card, as described in this Agreement, does not depend on whether or not you sign your Card.


Text Alerts

You can elect to have text alert messages, including your Card balance, sent to your cell phone by signing into your online account at www.CheckMyPayCard.com. Standard text rates may apply.  See your cell phone carrier for details.


Role of the Payer

The Payer is responsible for transferring funds to Commerce to load onto your Card. These funds will be transferred by the Payer to Commerce and loaded onto your Card by Commerce according to the schedule agreed to by the Payer and Commerce. Commerce has no obligation to you in the event the Payer delays in providing or fails to provide funds to fund your Card. The Payer retains the right to deduct from the funds stored on the Card in order to correct a previous error or overpayment to you or for other reasons, such as Expenses. You hereby authorize Commerce to accept instructions from the Payer to add or deduct funds from your Card, and in the case of a deduction, to return those funds to the Payer. If you have a dispute with the Payer about the amount of your Compensation or Expenses, or the amount that the Payer loads onto or deducts from the Card, you agree to not involve Commerce in that dispute and to resolve that dispute solely with the Payer.

If the funds on the Card represent Expenses, the Payer may create a User Name and Password for your Card to monitor Card activity and balances. If the funds on the Card represent Expenses, the funds belong to the Payer who may cancel or suspend the card and recall the funds at any time.


FEDERAL ELECTRONIC FUND TRANSFER (EFT) ACT DISCLOSURE

What Constitutes Commerce’s Business Day

Our business days are Monday through Friday.  Federal holidays are not included.


Disclosure of Consumer’s Liability for Unauthorized Transfers and Advisability of Prompt Reporting

Tell us AT ONCE if your Card has been lost or stolen or if you believe an EFT has been made without your permission. Telephoning is the best way of keeping your possible losses down. You could lose all the money on your Card.  If you tell us within two (2) business days after you learn of the loss or theft of your Card, you can lose no more than $50.00 if someone used your Card without your permission.

If you do NOT tell us within two (2) business days after you learn of the loss or theft of your Card, and we can prove that we could have stopped someone from using your Card and making transfers from your Card without your permission if you had told us, you could lose as much as $500.00.

Also, if the written or electronic history of Card transactions shows transfers that you did not make, including those made by Card, code or other means, tell us at once. If you do not tell us within sixty (60) days after the history of Card transactions was mailed or you accessed it online, you may not get any money you lost after the sixty (60) days if we can prove that we 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 from telling us, we will extend the time periods at our discretion.


Telephone Number and Address to Be Notified in Event of Unauthorized Transfer or Lost/Stolen Card

If you believe your Card has been lost or stolen, call: 1-866-620-1367 or write: Commerce Bank, P.O. Box 411036, Kansas City, MO  64141-1036. If you believe that someone has transferred, or may transfer, money from your Card without your permission, call or write us at this phone number or address.


Types of Available Transfers and Limits on Transfers

Card Access. Your Card may be used to access the funds stored on the Card. Provided funds are available on your Card, you may use your Card to perform the following types of transactions in accordance with this Agreement:

Illegal Transactions/Online Gambling.You agree that you will not use your card for any purpose that has been deemed illegal. We reserve the right to deny authorization requests from online gambling merchants, whether or not online gambling is illegal in the state in which you use your Card.

Limitations on Frequency of Transfers. There are no limitations on the number of transfers that can be made during any time period.

Limitations on Dollar Amount of Transactions. The balance available for authorizing purchases or cash withdrawals is the lesser of 1) the balance on your Card, OR 2) daily dollar limitations.   Dollar limitations may differ at ATMs other than Commerce’s.  There is a $5,000 limit per day for teller withdrawals. The bank doing the teller withdrawal may have additional limits.

Reservations and Merchant Authorizations. Under certain circumstances, a merchant (e.g. hotel) may require the use of a Card to guarantee reservations that may result in a hold on the available funds on the Card. If you cancel any guaranteed reservation made using the 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 amount will be held against the balance on the Card. This may limit your future transactions. Further, if the merchant subsequently charges the amount of the guaranteed reservation to your Card, we will not be obligated to re-credit the Card if you fail to obtain a cancellation 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 on the Card and limit your future transactions.

Charges for Transfers or Right to Make Transfers

Commerce Fees. The following fees and charges may apply to the use of your Card:
Card Issuance $ 2.95 one time fee
Teller Cash Withdrawal $ 5.00 one free per pay period
ATM withdrawal $ 1.75 one free per month at ATMs owned by Commerce Bank
ATM Balance Inquiry $ .50
Paper Statement $ 2.50
Duplicate Statement $ 2.00
Stop PreAuthorized Transfer $15.00
Automated Customer Service Call $ .50 one free per week
Live Customer Service Call $ 1.50 one free per month
Card Reissue $10.00
Expedited Card $30.00
Additional Card $10.00 one time fee
Maintenance $ 5.00 per month after 12 months of no monetary activity
Text Alerts First 75 texts per month are FREE ($0.15 each after the first 75 per month). Standard text rates from your cell provider may apply. See your cell phone carrier for details.

The Payer may or may not pay some or all of these fees on your behalf.

Third Party Fees:
When you use an ATM not owned by Commerce, you may be charged a fee by the ATM operator or any network used (and you may be charged a fee for a balance inquiry even if you do not complete a fund transfer at the ATM). In addition, you may be charged fees by other third parties for use of your Card, such as (i) stores and merchants for POS transactions, and (ii) other banks and financial institutions for cash withdrawals at their branches.

Foreign & U.S. Currency/Conversion Rates and Fees. Purchases and cash withdrawals made in currencies other than U.S. dollars will be converted to U.S. dollars under regulations established by Visa International. Conversion will be at a rate selected by Visa from the range of rates available in wholesale currency markets for the applicable central processing date, which rate may vary from the rate Visa itself receives or the government-mandated rate in effect for the applicable central processing date.  Conversion to U.S. 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 the time of the transaction. You agree to pay the converted amount, plus a 1% international service fee. For purchases and cash withdrawls made in U.S. Dollars outside of the United States and its territories, you agree to pay the transaction amount, plus a 0.8% service assessment fee.


Right to Receive Documentation of Card Transactions

Terminal Receipts.  At the time you make a Card ATM transaction or merchant POS transaction, you will get, or may choose to get, a receipt for the transaction.

Account Information. You may obtain information about the amount of money you have remaining on your Card by calling 1-866-620-1367. This information, along with a 60-day history of account transactions, is also available on-line at www.CheckMyPayCard.com. In addition, you can determine the balance of funds available on your Card at any ATM displaying the Visa or Plus logos.

You also have the right to obtain a 60-day written history of account transactions by calling 1-866-620-1367 or by writing us at Commerce Bank, P.O. Box 411036, Kansas City, MO  64141-1036.


Right To Stop Payment Of Preauthorized Transfers And Procedures For Doing So; Right To Receive Notice Of Varying Amounts; And Our Liability For Failure To Stop Payment

If you have authorized a merchant to initiate debits to your Card at substantially regular intervals, you can stop any of these payments. Here’s how: Call us at 1-866-620-1367, or write us at Commerce Bank, P.O. Box 411036, Kansas City, Missouri  64141-1036, in time for us to receive your request three (3) business days or more before the payment is scheduled to be made. If you call, we may also require you to put your request in writing and get it to us within fourteen (14) days after you call. (We will charge you $15 for each stop payment order you give.)

Notice of Varying Amounts. If these regular payments vary in amount, the person you are going to pay will tell you, ten (10) days before each payment, when it will be made and how much it will be. You may choose to get this notice only when the payment would differ by more than a certain amount from the previous payment, or when the amount would fall outside certain limits that you set.

Liability for Failure to Stop Payment of Preauthorized Transfers.  If you order us to stop one of these payments three (3) business days or more before the transfer is scheduled, and we do not do so, we will be liable for your losses or damages


Disclosure of Commerce’s Liability for Failure to Make Transfers

If we do not complete a transfer to or from your Card on time or in the correct amount according to our Agreement with you, we will be liable for your losses or damages. However, we will not be held liable for the following exceptions:

Disclosure of Card Information to Third Parties

We will disclose information to third parties about your Card or the transfers you make:

You agree that Commerce may share your Card experience and transaction information with its Affiliates, which are members of the Commerce Corporate family as defined in our Privacy Policy Notice. Unless you call 1-800-543-4845, you agree that Commerce and its Affiliates may also share other information about you or your Card.

You will notify us immediately at Commerce Bank, P.O. Box 411036, Kansas City, Missouri 64141-1036, if you believe any information we reported to a consumer reporting agency is inaccurate.


ATM User Precautions

As with all financial transactions, please exercise discretion.  For your own safety when using an ATM, keep in mind the following suggestions:

Report all crimes immediately to the operator of the ATM or to local law enforcement.


Error Resolution Procedures

In case of errors or questions about your Card, call: 1-866-620-1367 or write: Commerce Bank, P.O. Box 411036, Kansas City, MO  64141-1036 as soon as you can, if you think an error has occurred involving your Card. We must allow you to report an error until sixty (60) days after the earlier of the date you electronically access your history of Card transactions, if the error could be viewed in your electronic history, or the date we sent the FIRST written history on which the error appeared. You may request a written history of your transactions at any time by calling us at
1-866-620-1367 or writing us at Commerce Bank, P.O. Box 411036, Kansas City, MO  64141-1036. You will need to tell us:


If you tell us orally, we may require that you send us your complaint or question in writing within ten (10) business days.

We will determine whether an error occurred within ten (10) business days after we hear from you and will correct any error promptly. If we need more time, however, we may take up to forty-five (45) calendar days to investigate your complaint or question. If we decide to do this, we will credit your Card within ten (10) business days for the amount you think is in error, so that you will have the money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within ten (10) business days, we may not credit your Card.

For errors involving new Card relationships, point-of-sale, or foreign-initiated transactions, we may take up to ninety (90) calendar days to investigate your complaint or question. For new Card relationships, we may take up to twenty (20) business days to credit your Card for the amount you think is in error.

We will tell you the results within three (3) business days after completing our investigation. If we decide that there was no error, we will send you a written explanation.

You may ask for copies of the documents that we used in our investigation.

If you need more information about our error-resolution procedures, call us at 1-866-620-1367 or visit www.CheckMyPaycard.com.

Commerce Right of Set-Off. You agree that Commerce is authorized at any time to set-off the funds that are Compensation stored on your Card or the related limited purpose host account against your debts or liabilities owed to Commerce. Commerce may exercise this right of set-off without notice to you.

Dormant Cards. You acknowledge and agree that Commerce may be required to turn over to a state government authority any funds remaining on your Card if they are considered abandoned under applicable state law.

Cancellation. To the extent permitted by law, Commerce may cancel your Card, refuse to allow further transactions against your Card or revoke your Card(s) at any time (whether or not you are in default of any part of this Agreement) including, without limitation, when any affiliation you may have with a Payer ceases or when any agreement we may have with the Payer is terminated.  We may cancel your Card without notice or liability. The Card is and shall remain the property of Commerce and you agree upon demand to return your Card to Commerce. You must surrender the Card(s), either upon a direct request by us, or any other bank or merchant who is acting upon our instructions. You may terminate this Agreement at any time by returning your Card to Commerce. Termination, whether by you or by Commerce, shall not affect prior transactions or obligations relating to your Card existing at the time of termination. Upon termination, Commerce will arrange to transfer any remaining funds stored on the Card to you.

Change of Terms.  We may change the terms of this Agreement at any time without notice to you unless required by law. To the extent allowed by law, the new terms will affect all balances on your Card.

Assignment. You may not transfer or assign this Agreement to any other person without Commerce’s prior written consent. We may assign our obligations to you under this Agreement without your consent or notice to you.

Severability/No Waiver. If any provision of this Agreement shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. Commerce’s failure to enforce the strict performance of any provision of this Agreement will not constitute a waiver of Commerce’s right to subsequently enforce such provision or any other provisions of this Agreement.

Governing Law. This Agreement shall be governed by applicable federal law and regulations and the rules of the Comptroller of the Currency.  To the extent not preempted by applicable federal law, this Agreement shall be governed by the laws of the State of Missouri. If any provision of this Agreement is invalid under law, that provision will be invalidated; the remainder of this Agreement will continue to be valid.

If you have any questions regarding this Agreement, or our current fee schedule, write to us at Commerce Bank, P.O. Box 411036, Kansas City, Missouri 64141-1036, call us at 1-866-620-1367 or visit:  www.CheckMyPayCard.com


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