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Internet Banking & Bill Pay
Users Agreement
Electronic Fund Transfers Disclosure
Disclosure Rules and Regulations
1. USING COMMERCE INTERNET BANKING
(a) General. You
can use Commerce Bank & Trust Co., (Commerce) Internet
Banking (also called "Mane-Link") to perform the
transactions described within this disclosure. Before you use
Commerce Internet Banking, you must read this Disclosure. You
and others you permit to use Commerce Internet Banking agree
to abide by these terms and conditions. If you do not agree to
accept the terms and conditions, you may not use Commerce
Internet Banking. We may terminate this user agreement if you
fail to comply with the terms and conditions of this user
agreement or for any other reason. These terms and conditions
are in addition to the Account agreements, disclosures and
other documents in effect from time to time governing your
Account.
Commerce maintains this Site to provide you with information
about its products and services and to facilitate
communication with you. Product offers, rates, terms and other
information provided on the Site are subject to change without
notice. We reserve the right to change, update, add or remove
portions of these terms and conditions at any time. Please
check this Site periodically for changes. Not all of the
products or services described on the Site are available in
all geographic areas. You may not be eligible for all the
products or services described. We reserve the right to
determine
eligibility for any product or service.
You may print or download a copy of this agreement for your
records.
BY USING THE SITE, YOU AGREE TO PAY ON DEMAND, OR HAVE CHARGED
TO YOUR ACCOUNT, ANY/ALL SERVICE CHARGES, NON-SUFFICIENT FUNDS
FEES, RESEARCH FEES, CORRESPONDENCE FEES, AND/OR ANY OTHER
SERVICE FEES AS A RESULT OF USE OF THE INTERNET SERVICE AND/OR
BILL PAY, AS CONTAINED WITHIN THESE DISCLOSURE RULES, AND/OR
THE SCHEDULE OF FEES. BY USING THE SITE, YOU AGREE THAT THESE
FEES AND/OR SERVICE CHARGES ARE NON-WAIVABLE AND/OR OTHERWISE
NON-REFUNDABLE BY THE BANK OR AGENT THEREOF.
(b) Computer Requirements. In this Disclosure, your
computer, software and the related equipment are referred to
collectively as your "Computer". In order to use
Commerce Internet Banking, you will need a computer with
Internet access and a compatible internet browser which
supports 128-bit encryption. MSN-TV, Linux, pda and texting browsers may not supported by our service. You are responsible for the
maintenance and operation of your Computer. Please refer to
our consumer alert pages for more detailed information on how
you can protect yourself against computer malware.
Use of secure sites such as Mane-Link and Bill Pay, require
your computer to set a secure "session cookie". If you
otherwise restrict use of session-cookies on your computer,
you may not be able to utilize all services of the websites.
The Bill Pay module utilizes enhanced features and tools which
call for a separate window to open. Disallowing pop-up windows
to occur while using the Bill Pay module may keep certain
features from functioning properly. You may want to consider
allowing Pop-Ups for the Bill Pay module.
(c) Business Days. In this Disclosure, a business day
is defined as any day on which the offices of Commerce are
open to the public for carrying on substantially all of its
business functions. Our business days are generally Monday
through Friday, except certain Federal and State holidays,
and/or Dates of declared State of Emergency.
(d) Access to Commerce Internet Banking. You can use
your Computer to access Commerce
Internet Banking 24 hours a day, 7 days a week, except during
any special, scheduled, unscheduled maintenance and/or
downtime periods, ISP issues, acts of nature, or geo-political
involvement otherwise restricting or prohibit our servers from
processing or receiving your log-on request.
If you wish to use
Internet Banking, You are required to electronically enroll
using the secure enrollment form on our website, with your
required information, to authorize use of the online service.
After subsequent review and approval of your enrollment
request by the Bank, you will be notified in writing by postal
mail of your new Access ID and password. If you are
disapproved for access, you will be notified in writing.
Any and/or all debit or credit transactions performed after
5PM EST, are considered to be part of the next business day.
Bill payment requests submitted after 4PM EST, are considered
to be part of the next business day. Commerce reserves the
right to change these cut-off times. You will receive notice
if they change.
(e) Linked Accounts. In order for you to enroll in and
use Commerce Internet Banking and/or Bill Pay, you must have
at least one (1) open Commerce Checking Account AND a
TaxPayerID, Social Security number, Employer Identification
number, or other Identification number as required by the
Bank, on file with us. You must be a signer on an Account in
order to access it through Commerce Internet Banking. We
reserve the right to deny account linkage and account
transactions under certain circumstances.
(f) Access ID and Passwords. The Bank assigns your
Access ID and initial password. Upon your initial login you
will be prompted
to set mandatory Multifactor Authentication information and change your initial password. It is
strongly recommended that you do not use easily obtained
information such as birth dates, phone numbers, etc. If your
Access ID and/or password are entered incorrectly, you will be
locked out of the system after the third failed attempt. You
will remain locked out until you contact the Internet Banking
Department direct, by telephone or email, and have the account
reset. Web browsers may prompt you with a dialog box asking if
you wish to save your password. In order to ensure the
security of your accounts you must check "no" on this
option. The Bank may require the use of, or implement,
additional security or
"Access ID" codes by you at any time.
(g) Account Owners Responsibility. If your account is a
joint account, and/or requires two or more signatures for any
bank debits, you agree that your individual Access ID and
password will be your collective authorization for any
Mane-Link access, bill payments or transfers. If more than one
of you uses Commerce Internet Banking, you agree that any
authorized account owner can access all of the funds held in
the linked Accounts for Commerce Internet Banking purposes.
You are responsible for ALL transfers and payments you
authorize using Commerce Internet Banking and/or Bill Pay. If
you permit other persons to use your Access ID and password to
access Commerce Internet Banking and/or Bill Pay, you are
responsible for any transactions they authorize to/from your
linked
Accounts.
(h) Automatic Transfers, Payments and deposits. You may
make electronic transfers to and from your Checking
Account, Money Market Account and your saving accounts. You
may make regular payments out of these Accounts to pay amounts
you owe us on certain loans, and/or to pay amounts you owe to
a third party (such as an insurance company or public
utility). We have the right to decide which third parties we
will permit pre-authorized or automatic transfers to be made
to. If your checking account is linked to a loan account, you
must use the Express Transfer option to make payments through
this service. We recommend you do NOT use internet banking transfers to make "principle only" or other "special" payments to a linked loan or equity account. (See your Account Manager for these special services.) We will NOT process a "Bill Payment" through
the Bill Pay service if these accounts are linked, and you can
make immediate (Express) transfers.
(i) Internet Banking Allowable Transactions. Commerce
Internet Banking allows you to perform the following
functions:
(1) transfer funds
between your linked Accounts, and
(2) obtain Account balances and transaction information for
your linked Accounts.
(3) utilize our optional bill payment service
These features of
Commerce Internet Banking are limited to the extent, and
subject to the terms, noted below:
(1) Transfer
Funds. Your ability to transfer funds between certain
Accounts is limited. Transfers from Savings and Money Market
Deposit Accounts made through Commerce Internet Banking are
counted against the permissible number of transfers.
(2) Not all Transfers are Immediate. Online "Scheduled
Transfers" if available, are not immediate, and process
fully within two business days. Use of the "scheduled
transfer" option may affect your funds availability,
and/or may result in NSF fees to your account. For immediate
transfer of funds, use the "Express Transfer" option or
link. Express Transfers are effective within the current
business day that it was initialized.
(3) Account Information. The Account information that you
access via Commerce Internet Banking will generally be
current as of the last Business Day before you obtain the
information. Loan Payment or Loan Payment transfers you make
may have a one (1) business day delay in the reported
display of credit activity and/or posting.
(4) Account Documentation. You have the right to obtain
documentation of each electronic transfer that you
originate. Commerce makes this information available to you
online and with your monthly statement. The documentation
will include the amount involved in the transfer, the date
of the transfer, the type of the transfer, the type of
account used, your specific account number and, an
identifying number of where the transaction took place.
(5) External Transfers. Should you wish to make any credit
or debit transfers of a
depository nature involving accounts external to Commerce
through Internet Banking, you must use our ACH Transfer
service, which is a separate service available within Bill
Pay. We reserve the right to limit the frequency and dollar
amount of transactions from your Accounts for security
reasons.
(j)
Confidentiality of user communications. We will use
reasonable efforts to keep any communication, which contains
personal user information, or material you transmit to us via
the Site or Internet electronic mail confidential, except as
required by law or as otherwise specifically agreed. Please
also view the Bank's Privacy Statement for detailed
information. We are committed to protecting the security and
confidentiality of information about your accounts. We
identify users by their unique Access ID and password. All
transactions initiated with your Access ID and password will
be attributed to you. You agree not to give or make available
your Access ID and password to any other individuals,
including anyone claiming to represent Commerce.
(k) Disclosure of account information to third parties.
In order that your privacy may be protected, we will not
disclose any information about you or your account to any
person, organization, or agency except:
(1) for certain
routine disclosures necessary for the completion of a
transfer; or
(2) for verification of the existence and condition of your
account for a credit bureau
or merchant; or
(3) to persons authorized by law in the course of their
official duties; or
(4) to our employees, auditors, service providers, attorneys
or collection agents in
the course of their duties; or
(5) pursuant to a court order or lawful subpoena; or
(6) to a consumer reporting agency as defined in Chapter 93
of the Massachusetts
General Laws; or
(7) by your written authorization which shall automatically
expire 45 days after our
receipt of your authorization. If an unauthorized disclosure
has been made, we must
inform you of the particulars of the disclosure within three
days after we have
discovered that an unauthorized disclosure has occurred.
(l) Access
Termination. If you do not utilize your Internet Banking
access by use of your valid Access ID and password, at least
once, every 90 days, your Access ID and password will be
deleted as a security measure, and your Authorization for
Internet Banking access revoked. If you wish to re-use
Internet Banking, You are required to electronically re-enroll
using the secure enrollment form on our website to
re-authorize use of the online service. After subsequent
review and approval of your enrollment request by the Bank,
you will be notified in writing by postal mail of your new
Access ID and password. If you are disapproved for access, you
will be notified in writing.
(m) Fees. Currently there are no fees or minimum
balance requirements for using Internet Banking. Depending on
your account type, fees may be applicable for use of Bill Pay.
Your account will also be governed by the agreements,
disclosures, and other documents provided to you in connection
with the opening of your account or subsequent notifications.
(n) Links to Other Sites. The hyperlinks to external
Internet sites are provided solely as a convenience to our
users. We have made an effort to determine that these links
function properly. However, linked sites are not under our
control, and we are not responsible for the contents of any
linked site, or any link contained in a linked site. Even if
you access a site by means of a link provided by our site, you
are responsible for confirming the identity and authenticity
of any site you visit. The inclusion of a link does not imply
or constitute an endorsement by us of that institution, its
ownership or management, the products or services it offers,
or any advertisers or sponsors appearing on that institutions
web site.
(o) Ownership of copyrights and trademarks. Copyright
in the pages, screens, text and images appearing in the Site,
and their arrangement, is owned by the Bank or others as
indicated, and is protected by U.S. and international
copyright laws. The trademarks, logos and service marks
("Marks") displayed on the Site are the property of
the Bank and other parties. Users are prohibited from using
any Marks or copyrighted material for any purpose without the
prior written permission of the Bank, and users are
specifically prohibited from modifying, copying, distributing,
transmitting, displaying, creating derivative works or using
any content available on or through the Site for commercial or
public purposes.
(p) No Warranty WE AND OUR LICENSOR PROVIDE INTERNET
BANKING AND BILL PAY "AS IS" and "AS AVAILABLE",
WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS, IMPLIED OR
STATUTORY, AND SPECIFICALLY DISCLAIM ANY WARRANTY OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NEITHER
WE NOR OUR LICENSOR SHALL BE LIABLE FOR ANY INCIDENTAL,
CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF
THIS SERVICE.
In addition, unless otherwise provided by statute, your sole
remedy, financial or otherwise, for any damage or claim
arising out of any defect with the use of internet banking
shall be limited to our reprocessing the affected data or
transaction at no cost to you.
(q) Limitation of Liability. We will not be liable for
failure to provide access or for interruptions in access to
the site due to a system failure, other unforeseen acts or
circumstances or a malfunction of your computer equipment or
any system you use, including your browser, internet service
provider or other software you use. Under no circumstances and
under no legal theory, tort, contract, or otherwise, shall we
or our supplier be liable to you or any other person for any
indirect, special, incidental, or consequential damages of any
character, including, without limitation, damages for loss of
goodwill, loss of use, data, profits, work stoppage, computer
failure or malfunction, or any and all commercial damages or
losses. We are also not responsible for any electronic virus,
viruses, spyware or adware that you may encounter. We strongly
suggest that you routinely scan your computer using a virus
protection product and/or a spyware detection program.
2. ACH TRANSFERS
(a) General. If you use our ACH transfer service to
initiate monetary transfers between financial institutions,
some electronic payment transactions will be subject to the
rules of the National Automated Clearing House Association (NACHA).
All electronically initiated ACH transfers are subject to
Federal Banking Regulations concerning initiation and their
setup, processing, transfer, and cancellation, if applicable.
(b) ACH Fees. If you use our ACH transfer service,
there is no charge for "standard" 3-business day ACH
transfer into your account. THERE IS A US$5.00 FEE CHARGED TO
YOUR ACCOUNT FOR ANY "STANDARD" 3-BUSINESS DAY ACH
TRANSFER FROM OR OUT OF YOUR ACCOUNT. THERE IS A US$5.00 FEE
CHARGED TO YOUR ACCOUNT FOR ANY "EXPRESS" NEXT-BUSINESS
DAY ACH TRANSFER INTO, FROM OR OUT OF YOUR ACCOUNT. THERE IS A
"DAILY BUSINESS DAY LIMIT" OF US$1000.00 FOR ANY ACH
TRANSFERS TO OR FROM YOUR ACCOUNT.
ANY AND ALL SERVICE CHARGES AND OR FEES ASSESSED AND CHARGED
TO YOUR ACCOUNT FOR ACH TRANSFERS AS INITIATED BY YOU TO AND
FROM YOUR ACCOUNT ON THIS SERVICE, ARE NON-REFUNDABLE AND
NON-WAIVABLE.
3. USING COMMERCE BILL PAY
(a) General. Bill pay is only available for use from a
Checking Account or Money Market Deposit Account in good
standing. Depending on your account type, fees may apply for
use of Bill Pay. See your Bill Payment section of your
Disclosure for Fee or Service Charge information.
You may use Commerce's Internet Banking bill pay module, to
direct Commerce to make payments from your designated checking
account to the Payees you choose in accordance with this
agreement. "You" or "your" means each
person who is authorized to use the service. "Payee"
means anyone you designate and Commerce accepts as a payee.
Each time you pay a
bill using Commerce Internet Banking, you must designate the
Account from which we are to make payments. You may make
payments only from your Checking Account. Payments may not be
available or may be restricted from, a Money Market Deposit
Account. Bill payments from a Money Market Deposit Account are
counted against the permissible number of transfers.
Permissible transfers are defined as 6 per month with no more
than three to a third party. For additional information please
refer to the Truth in Savings disclosure you received when
your Money Market account was established.
Each Payee accepted by Commerce and our Bill Pay service, will be assigned a payee code.
You may pay almost any payee you wish. While most payees can
be paid by using the Bill Pay module, we reserve the right to
refuse to pay certain payees. We reserve the right to refuse
to pay payments of a personal nature or to non-business
entities or persons. We reserve the right to audit and/or
delete all payments for restrictions contained herein,
accuracy of addressing and or pertinent account number errors
in data-fields.
Certain "life-impacting" Payees, such as municipal real
estate tax, mortgage and/or (but not limited to) insurance
companies typically may restrict or otherwise not allow 3rd
party payment processing of payments, such as Bill Pay. You
may want to contact your intended Payee for payment details or
further information with regards to 3rd party internet based
payment programs before you initiate ANY payment processing
request.
Using the Bill Pay module, you can only pay payees with United
States addresses. Commerce and/or our bill payment service
will attempt to verify the address through national database
registries. If an address cannot be confirmed or verified, it
may not be entered into the Bill Pay database.
(b) Bill Pay Enrollment. Successfully authenticate to
Commerce Internet Banking and complete the bill pay enrollment
form. Your enrollment will be reviewed for approval or denial
within 1-4 business days. All new Commerce checking
accounts have a 15-day restriction from the account open date
before you may use and/or utilize Bill Pay.
You must have a valid e-mail address to use the service. You
will be notified via e-mail if you are Approved, or Declined,
authorization for use of this service. If we are notified that
your listed e-mail address is invalid, blocked, closed,
cancelled, or otherwise not valid, we will immediately cancel
your authorization for use of the Bill Pay service.
Only after you have received notification of Approval and
authorization, can you start using the Bill Pay service.
There is NO FLOAT with Bill Pay. Processed amounts are
deducted from your account on the "PROCESS" date, provided
funds are collected and or available.
(c) Customers Responsibility. You agree that your
Access ID and password is your signature authorization for any
payments and/or transfers. If your account requires two or
more signatures for any bank debits, you agree that your
Access ID and password will be your collective authorization
for any bill payments and/or transfers.
You are responsible for ALL transfers and payments you
authorize using Commerce Internet Banking and/or Bill Pay. If
you permit other persons to use your Access ID and password to
access Commerce Internet Banking and/or Bill Pay, you are
responsible for any transactions they authorize to/from your
linked Accounts.
When you have entered your Access ID and password and
transmitted a payment instruction, you authorize us to reduce
the designated Payment Account accordingly.
IF THERE ARE UNCOLLECTED, INSUFFICIENT, OR NON-SUFFICIENT
FUNDS IN THE DESIGNATED PAYMENT ACCOUNT ON THE DAY A PAYMENT
IS SCHEDULED, AND NO OVER-DRAFT PRIVILEDGES ARE IN EFFECT ON YOUR ACCOUNT, YOUR ACCOUNT WILL BE CHARGED THE APPROPRIATE
NON-SUFFICIENT FUNDS NON-WAIVEABLE SERVICE FEE, WE WILL NOTIFY
YOU BY MAIL AND THE PAYMENT WILL BE CANCELED.
We reserve the right to refuse to honor ANY payment requests
that reasonably appear to us to be fraudulent or erroneous.
(d) Bill Payment Setup. If you want to add a new payee,
use the "PAYEE" button within the Bill Pay
module. NEW Payees may take up to 3 business days to be
activated for your use, not including the day it was
submitted. You may add a new fixed payment to a Payee, only if
the Payee is on your authorized list of payees, and by
accessing the Service and entering the appropriate
information. The minimum Bill Payment amount is $1.00, and maximum Bill Payment amount is $99,999.99.
Each time you setup
or update your payment instructions, you are authorizing us to
process your payment request based on the information
originally submitted for that payee. Commerce is not
responsible if a Bill Payment can not be made due to
incomplete, incorrect, or outdated information provided by you
regarding a Payee or if you attempt to pay a Payee that is not
on your Authorized Payee list.
You are responsible for providing and maintaining your Bill
Payment payees with the correct names or account details for
those persons or entities to whomever you wish to direct bill
payment. Bill payment initiation may include, but are not
inclusive of, or limited to, the Payee name, Payee address,
Payee account number, and Account Owner name and address as
originally listed by the Account Owner during Payee setup.
Some bill payments and/or Payees you may elect to pay may only
involve a Payee e-mail address, ("e-mail" bill payments).
Contact Commerce Bill Pay Subscriber Services toll-free at 877-285-4285 for further Bill Pay information, help, and assistance.
(e) Bill Payment Maintenance. Based upon the Account
Owner access information at the initial Payee setup, all
subsequent bill payments to the designated Payee will have
that Account Owner name listed as Payor. It is the Account
Owner(s) responsibility to insure that all Payor and Payee
information is accurate.
If, for any reason, your Account Owner information changes, we
strongly suggest that you cancel ALL bill payments related to
that Account Owner information. This will ensure that future
bill payments and transfers made by you will not be duplicated
or contain non-valid Account Owner details or information.
Users are encouraged to record financial transactions as they
would normally; in a checkbook register, Excel format, or 3rd
party home accounting software. As You view information in
real-time exactly as The Bank processes transaction data, and
monthly paper statements are mailed to You automatically,
Internet Banking nor Bill Pay are intended as a repository or
archive of long-term Payee information, nor as a substitute
for home accounting and historical retention programs such as
MoneyDance, Quicken or MSMoney (registered trademarks),
spreadsheet, or text-based copy formats you have the option to
use or employ for historical data retention.
(f) Restricted Payees. Certain "life-impacting" Payees, such municipal real estate tax, mortgage and/or (but
not limited to) insurance companies typically may restrict or
otherwise not allow 3rd party payment processing of payments,
such as Bill Pay. You may want to contact your intended Payee
for payment details or further information with regards to 3rd
party internet based payment programs before you initiate ANY
payment processing request.
There are several RESTRICTIONS to Payees you may wish to
setup:
1. The merchant
must have an address located in the United States;
2. Payments may not be remitted to Federal or any State tax
authorities or government and collection agencies and/or
departments;
3. Payments may not be remitted to security companies such
as TDAmeritrade, E*Trade, and/or others, for stock
purchases, arbitrage settlement, or trade taxing authorities
and
4. Court directed payments are unauthorized (Alimony, child
support, municipal fines or violations, levis, or other
legal debts);
5. Commerce strictly prohibits use of our bill payment
system for any payroll
processing and/or payroll transfers to accounts linked with
your portfolio.
(g) Removal of
Payees. We will automatically cancel and or otherwise
delete all outstanding Payee's (individual and/or recurring)
and/or bill payments once we have been notified that your
Internet Banking and/or Bill Pay access has become inactive or
has been canceled, revoked, or terminated, or your designated
Payment Account has been closed.
(h) Payment Delivery. Your payment will be made either
by transferring funds electronically to the payee or by
sending the payee a paper check. Payments are mailed or sent
electronically to the payee (or their processor) 1-3 business
days after payment extraction from your account, audit,
review, and delivery to our third party processor.
You must allow sufficient time for the funds to be delivered
and to reach their intended party or business entity.
Therefore, you agree to set your PROCESS DATE TO ALLOW AT
LEAST FIVE (5) BUSINESS DAYS, PRIOR TO THE DUE DATE, for each
bill payment to reach the Payee. If your Payee is on the West
Coast, you agree to set your PROCESS DATE TO ALLOW AT LEAST
SEVEN (7) BUSINESS DAYS, PRIOR TO THE DUE DATE, for each bill
payment to reach the
Payee.
Not all Payees are equipped to accept electronic payments.
Your payee may not be accustomed to receiving payments without
the payment coupon. You may want to consider alerting your
payees that future payments will be coming via a bill pay
service. A third party vendor will be conducting bill pay
transactions for Commerce.
Please note that some electronic payment transactions will be
subject to the rules of the National Automated Clearing House
Association (NACHA). All electronically initiated bill
payments are subject to Federal Banking Regulations concerning
bill payment and their setup, processing, and cancellation, if
applicable.
(i) Scheduling Payments. When using the Bill Payment
feature, you should schedule payments in advance in order to
provide us with at least 5 business days (7 business days for
West Coast payees) to deliver the payments before they are
due. Commerce, at its discretion, may require additional
scheduling days for vendors requiring additional processing
days.
It is your responsibility to authorize your payments in such a
manner that your payments may be paid on time. You are
responsible for any late payment or finance charges that may
be imposed as a result of your failure to schedule payments as
described in this section. You cannot schedule bill payments
for the same day. If you do not receive vendor credit for a
payment issued through Internet Bill Pay that does NOT mean
the Payee has NOT received the payment.
There are two payment methods to choose from:
1. Single
Payments. A single payment will be processed on the
business day that you designate as the payment's "process
date", provided the payment is submitted prior to the
4:00PM EST daily Bill payment cut-off time on that date.
Commerce reserves the right to change the cut-off time. You
will receive notice if it changes.
A single payment submitted after the cut-off time on the
designated process date will be processed on the following
business day. If you designate a non-business date
(generally weekends and certain holidays) as the payment's
process date, the payment will be processed on the first
business day following the designated process date.
2. Recurring Payments. When a recurring payment is
processed, it is automatically rescheduled by the system.
Based upon your selected frequency settings for the payment,
a process date is calculated for the next occurrence of the
payment. If the calculated process date is a non-business
date (generally weekends and certain holidays), it is
adjusted based upon the following rules:
. If the
recurring payment's "Pay Backward" option is
selected, the process date for the new occurrence of the
payment is adjusted to the first business date prior to
the calculated process date.
. If the recurring payment's "Pay Backward"
option is not selected (or if the "Pay Backward"
option is not available), the process date for the new
occurrence of the payment is adjusted to the first
business date after the calculated process date.
NOTE: If your
frequency settings for the recurring payment specify the 29th,
30th, or 31st as a particular day of the month for processing
and that day does not exist in the month of the calculated
process date, then the last calendar day of that month is used
as the calculated process date.
COMMERCE IS NOT RESPONSIBLE FOR SCHEDULING YOUR PAYEE BILL
PAYMENTS OR MAINTAINING CHANGES TO ANY PAYEE DETAILS THAT MAY
OCCUR.
(j) Canceling, Editing or, Changing Payments. Any bill
payment can be changed or canceled, provided you access the
Bill Pay module prior to the 4:00PM EST cut-off time on the
business day prior to the business day the bill payment is
going to be initiated.
If you have setup a payment request through our Bill Pay
module, it is your responsibility to cancel or change that
payment. Commerce cannot change, or edit any aspect of a
payment for you when you have setup the payment
electronically.
If your request to cancel is not registered or received before
4:00PM EST the Business Day before the payment is to be made,
you may be responsible for the payment. However, if your
request to cancel a payment is registered on our computer by
4:00PM EST the Business Day before the payment is scheduled
and we do not cancel, we will be liable for any actual losses
or damages.
(k) Funding Bill payments. The bill payment module will
make ONLY one (1) attempt at processing your payment request
(on-demand, single, or recurring, as set by you) on the
evening of the business date YOU SET for processing.
If your account does NOT contain sufficient, available or
collected funds at this processing attempt, you will be
assessed the appropriate non-sufficient funds processing fee,
and payment will effectively be cancelled.
No further attempts will be made for payment processing to the
Payee unless you access your Bill Payment account, and
initiate a new payment request for the subsequent business day
that you elect.
Commerce reserves the right, without liability, to
automatically draw against any "overdraft" account, with
an available line-of-credit, if you have that service in
place.
(l) Payments against Uncollected Funds. You agree to
have available and collected funds on deposit in the account
you designate in amounts sufficient to pay for all bill
payments requested, as well as, any other payment obligations
you have to Commerce. If Bill payments process against any
uncollected deposit or uncollected balance in your account,
YOUR ACCOUNT WILL BE ASSESSED AND CHARGED THE APPROPRIATE
NON-WAIVABLE, NON-REFUNDABLE, UNCOLLECTED FUNDS OR
NON-SUFFICIENT FUNDS PROCESSING FEE. See your current Commerce
Schedule of Fees for the current non-sufficient funds
processing fee. Commerce reserves the right, without
liability, to reject or reverse a bill payment if you fail to
comply with this requirement or any other terms of this
agreement.
If you do not have sufficient funds in your designated account
and Commerce has not exercised its right to reverse or reject
a bill payment, you agree to pay for such payment obligations
on demand. You further agree that Commerce, at its option, may
charge any of your accounts with Commerce to cover such
payment obligations.
(m) Non receipt of payment. If you are notified by a
Bill Payment Payee of non-receipt of a Bill Payment you
initiated, and 10 calendar days has elapsed since the Bill
Payment was debited from your Commerce Account, please contact
Commerce Subscriber Services toll-free at 877-285-4285 for
further research into that particular payment.
Once our research is completed, and if 10 Calendar days has
elapsed since the Bill Payment was debited from your Commerce
account, and we have determined the Bill Payment has not been
properly credited, we will take one of the following actions
dependent upon the payment delivery method:
1) If the Bill
Payment had been tendered by paper check; we will cancel
that paper item and will refund the amount of that payment
back to your account.
2) If the Bill Payment had been tendered electronically; we
will only provide Proof Of Payment details directly to your
payee.
(n) Stop
Payments. YOU MAY NOT STOP PAYMENT ON ELECTRONIC FUND
TRANSFERS AND/OR ELECTRONICALLY CONVEYED BILL PAYMENTS.
Therefore, you should not employ electronic access for
purchases or services unless you are satisfied that you will
not need to stop payment. The initiation by you of certain
electronic fund transfers (including telephone transfers, bill
payments, and ACH transfers) from your Account will, except as
otherwise provided in this Disclosure, effectively eliminate
your ability to stop payment of the transfer.
You may request a stop payment on a Bill Payment item that was
conveyed by paper presentment. You must use Commerce Internet
Banking to log into your account and access the Bill Pay
Module to issue a stop payment. STANDARD NON-WAIVABLE,
NON-REFUNDABLE STOP PAYMENT FEES PER THE CURRENT COMMERCE FEE
SCHEDULE WILL BE DEBITED AND/OR CHARGED FROM YOUR ACCOUNT.
Please note by placing a stop payment on a Bill Payment item,
which was conveyed by paper presentment, you may be liable for
additional fees charged by your payee.
(o) Inactivity Period. In order to retain access to
Bill Pay and your payee listing, you must be an active user
and utilize the bill paying service in order to retain access
to your Payees. An active user is defined as an approved and
authorized user who accesses the bill paying service to
initiate and make at least one (1) Bill Payment every 60 days.
If you do not access and utilize the bill paying service by
use of your valid Access ID and password, at least once every
60 days to initiate and make at least one (1) Bill Payment,
your approved and authorized use of the bill paying service
will be immediately termed inactive, your Access ID code and
password will be deleted as a security measure, any/all Payees
will be immediately cancelled and removed or otherwise
deleted, and your approval and authorization immediately
canceled and/or otherwise revoked. You will be notified by
e-mail using your e-mail address on file if you are cancelled
from the service due to inactivity.
If you become inactive (by your choice or your inability to
access the service for any reason) and are removed or
otherwise deleted from the bill paying service, and at a later
date wish to re-activate the service for your account(s),
Commerce reserves the right to re-instate you pending payment
of a non-refundable, non-waivable, re-activation service fee.
(p) Bill Payment Fees. The fee for the Bill Paying
Service is currently waived by Commerce if you are an active
user utilizing this Service to initiate and successfully pay
at least one (1) legitimate Payee every 60 days.
A legitimate Payee is defined as any US Corporation, company,
utility, or business entity with a verifiable "Tax
Identification Number" or "Employer Identification
Number" with an address in the United States. A private
individual is NOT considered a legitimate Payee for definition
of the one (1) PAYMENT MINIMUM EVERY 60 DAYS MINIMUM
REQUIREMENT FOR WAIVER OF BILL PAY SERVICE FEE.
There are specific fees for optional services within our Bill
Pay Module as follows:
1) E-mail Pay.
If you use our or "E-mail Pay" service, THERE IS A
US$2.00 FEE CHARGED TO YOUR ACCOUNT FOR ANY "E-MAIL PAY"
STANDARD 3-BUSINESS DAY TRANSFER FROM OR OUT OF YOUR
ACCOUNT. There is no "express" next-business day service
available for this method of payment. "E-mail" pay also
includes payments by text-messaging or other electronic
notification system and or service. THERE IS A "DAILY
BUSINESS DAY LIMIT" OF US$1000.00 FOR ANY "E-MAIL PAY"
AND OR "TEXT MAIL" PAYMENTS AND OR TRANSFERS FROM YOUR
ACCOUNT.
2) Gift Checks. If you use our "Gift" service,
THERE IS A US$2.00 FEE CHARGED TO YOUR ACCOUNT FOR ANY
"GIFT" PAYMENT AND OR TRANSFER FROM YOUR ACCOUNT. There
is no "express" next-business day service available for
this method of payment. THERE IS A "DAILY BUSINESS DAY
LIMIT" OF US$1000.00 FOR ANY "GIFT" PAYMENTS AND OR
TRANSFERS FROM YOUR ACCOUNT.
3) Charity Payments. If you use our "Charity
Payment" service, THERE IS A US$1.50 FEE CHARGED TO YOUR
ACCOUNT FOR ANY "CHARITY" PAYMENT AND OR TRANSFER FROM
YOUR ACCOUNT. There is no "express" next-business day
service available for this method of payment. THERE IS A
"DAILY BUSINESS DAY LIMIT" OF US$1000.00 FOR ANY
"CHARITY" PAYMENTS AND OR TRANSFERS FROM YOUR ACCOUNT.
ANY AND ALL SERVICE
CHARGES AND OR FEES ASSESSED AND CHARGED TO YOUR ACCOUNT FOR
ACH TRANSFERS, PAY-PEOPLE, GIFT, E-MAIL, or TEXT PAY, AS
INITIATED BY YOU TO AND FROM YOUR ACCOUNT ON THIS SERVICE, ARE
NON-REFUNDABLE AND NON-WAIVABLE.
(q) Additional Charges. These additional charges will
only be assessed to your account if you request one or more of
the Bill Payment services listed here. There will be NO FEE or
Service Charge for any item if needed to correct a Commerce
error.
1) Written
Correspondence Requested by Consumer not necessitated by
dispute: US$10.00
2) Per Proof of Payment not necessitated by dispute:
US$10.00
3) Payments returned due to customer error: US$5.00
There is NO FEE for
correspondence if a payment is in dispute with your written
dispute acknowledgement of the dispute to Commerce and/or our
bill paying service.
Commerce reserves the right to charge you for research time
involving payments no longer available in your screen history.
You will be informed of any such charges before they are
incurred. See the current Commerce Schedule of Fees for this
research and/or duplication service fee and/or charge(s).
(r) Liability. You are liable for all transactions you
make or that you authorize another person to make even if that
person exceeds his or her authority. If you want to terminate
another person's authority, you must change your password. You
will be responsible for any Bill Payment request you make that
contains an error or is a duplicate of another Bill Payment.
Commerce is not responsible for a Bill Payment that is not
made if you did not properly follow the instructions for
making a Bill Payment.
Commerce is not liable for any failure to make a Bill Payment
if you fail to promptly notify Commerce after you learn that
you have not received credit from a Payee for a Bill Payment.
Commerce is not responsible for your acts or omissions or
those of any other person, including, without limitation, any
transmission or communications facility, and no such party
shall be deemed to be the Commerce's agent.
In any event, Commerce will not be liable for any special,
consequential, incidental, or punitive losses, damages, or
expenses in connection with this Agreement or the Service,
even if Commerce has knowledge of the possibility of them.
Commerce is not liable for any act, failure to act or delay in
acting if it is caused, in whole or in part, by any cause
beyond Commerce's reasonable control.
If you have any questions on use of the Bill Payment service,
call 877-285-4285.
(s) Amendment and Termination. Commerce has the right
to change this Agreement at any time by notice mailed to you
at the last address shown for the Account on our records, by
posting notice in our branch offices, or as otherwise
permitted by law.
Commerce has the right to terminate this Agreement at any
time. You may terminate this Agreement by written notice to
Commerce. Commerce is not responsible for any fixed payment
made before Commerce has a reasonable opportunity to act on
your termination notice. You remain obligated for any payments
made by Commerce on your behalf.
4. OUR LIABILITY IF WE FAIL TO MAKE CERTAIN TRANSFERS.
If we do not complete a transfer to or from your Account on
time or in the correct amount according to the agreement,
which applies to that transfer, we will be liable for any
actual losses or actual damages. However, there are some
exceptions to our liability to you. We will not be liable, for
instance:
a. If, through no
fault of ours, you do not have enough money in your
Account(s) to make the transfer;
b. If the transfer would go over the credit limit on your
personal overdraft account with us;
c. If you do not authorize a bill payment soon enough for
your payment to be made and properly credited by the payee
by the time it is due;
d. If we make a timely bill payment but the payee
nevertheless does not credit your
payment promptly after receipt;
e. If Commerce Internet Banking is not working properly, and
you should have knew about the breakdown when you started
the transfer, or when the transfer should have occurred.
f. If your computer or the Internet connection provided by
your Internet Service Provider malfunctions during the
transfer;
g. If circumstances beyond our control prevent making a
transfer or payment, despite
reasonable precautions that we have taken. Such
circumstances include telecommunication outages or
interruptions, postal strikes, delays caused by payees,
fires and floods;
h. If the money in your Account(s) is subject to legal
process or other encumbrance
restricting the transfer;
i. If you do not give proper, complete or correct
instructions for the transfer, or you do not follow the
procedures in this or any other agreement with us for
requesting a transfer;
j. If the U.S. Postal Service causes a delay;
k. Your password has been reported lost or stolen, or we
have canceled your password and Commerce Internet Banking or
other electronic banking service; or
l. If we have reason to believe that you or someone else is
using the Commerce Internet Banking or other electronic
banking service for fraudulent or illegal purposes.
m. If you scheduled a transfer on any given day which has
incoming debit items on your account(s).
There may be other
exceptions stated in our Agreement with you.
5. ELECTRONIC FUND TRANSFERS.
Please refer to our Electronic Fund Transfers disclosure for
more detailed information and rules governing Electronic Fund
Transfers which apply to Internet Banking, Bill Pay and ACH
transactions.
6. ENDING THE ELECTRONIC BANKING AGREEMENT.
You may end your rights to use Commerce Internet Banking by
telling us in writing. We may end your rights to use your
Commerce Internet Banking or other electronic banking service
for any reason and at any time without telling you.
If more than one person is authorized to withdraw funds from
your Account, or if another person has a password for Commerce
Internet Banking that can access your Account, we cannot stop
that person from withdrawing or transferring funds, or
initiating Bill Payments, from your Account unless we end this
Agreement or end the right to use all Commerce Internet
Banking and passwords that access the Account.
If the Account is a joint Account, any owner of the Account
may ask us to end this Agreement, or end the right to use all
Commerce Internet Banking and passwords that access the
Account. We are not responsible for notifying remaining
account holders of the termination.
If you close your Commerce Internet Banking Account, you
authorize us to continue making transfers and bill payments
you have previously authorized until such time as we have had
a reasonable opportunity to act upon your closing notice. Once
we have acted upon your closing notice, we will make no
further transfers or payments from your Account, including
transfers or payments you have previously authorized. However,
you must cancel any automatic recurring payments that you
setup by Commerce Internet Banking using the same service
prior to closing your Account, otherwise we may continue to
make such payments.
If we close your Commerce Internet Banking Account, we reserve
the right to make no further transfers or payments from your
Account, including any transactions you have previously
authorized.
If we revoke or terminate your Commerce Internet Banking Bill
Pay and/or ACH authorization, we reserve the right to make no
further payments or transfer from/to your Account, including
any transactions you have previously authorized.
If either you or we end your rights to use your Commerce
Internet Banking and/or Bill Pay, we will no longer have to
complete any of your Commerce Internet Banking or other
electronic banking transactions. You will remain obligated to
us under this Agreement and Disclosure for all of your
Commerce Internet Banking or other electronic banking
transactions, even if they occur or are completed after this
Agreement is ended.
REV: April 2007
Indicated below are types of Electronic Fund Transfers we are capable of handling, some of which may not apply to your account. Please read this disclosure carefully because it tells you your rights and obligations for the transactions listed. You should keep this notice for future reference.
Electronic Fund Transfers Initiated by Third Parties. You may authorize a third party to initiate electronic fund transfers between your account and the third party’s account. These transfers to make or receive payment may be one-time occurrences or may recur as directed by you. These transfers may use the Automated Clearing House (ACH) or other payments network. Your authorization to the third party to make these transfers can occur in a number of ways. For example, your authorization to convert a check to an electronic fund transfer or to electronically pay a returned check charge can occur when a merchant provides you with notice and you go forward with the transaction (typically, at the point of purchase, a merchant will post a sign and print the notice on a receipt). In all cases, these third party transfers will require you to provide the third party with your account number and bank information. This information can be found on your check as well as on a deposit or withdrawal slip. Thus, you should only provide your bank and account information (whether over the phone, the Internet, or via some other method) to trusted third parties whom you have authorized to initiate these electronic fund transfers. Examples of these transfers include, but are not limited to:
- Preauthorized credits. You may make arrangements for certain direct deposits to be accepted into your checking, savings or money market accounts(s).
- Preauthorized payments. You may make arrangements to pay certain recurring bills from your checking, savings or money market accounts.
- Electronic check conversion. You may authorize a merchant or other payee to make a one-time electronic payment from your checking account using information from your check to pay for purchases or pay bills.
- Electronic returned check charge. You may authorize a merchant or other payee to initiate an electronic funds transfer to collect a charge in the event a check is returned for insufficient funds.
Please also see Limitations on frequency of transfers section regarding limitations that apply to savings accounts.
Mane-Line Telephone Transfers – types of transfers - You may access your account by telephone 24 hours a day at 888-228-5466 using your personal identification number, a touch tone phone, and your account numbers, to:
- transfer funds from checking to checking
- transfer funds from checking to savings
- transfer funds from savings or money market to checking
- transfer funds from savings or money market to savings
- get information about:
- the account balance of checking accounts
- the last three deposits to checking accounts
- the last five withdrawals from checking accounts
- the account balance of savings or money market accounts
- the last three deposits to savings or money market accounts
- the last five withdrawals from savings or money market accounts
Please also see Limitations on frequency of transfers section regarding limitations that apply to telephone transfers.
Your Option to Limit Cash Withdrawals – In addition to dollar amount limitations for withdrawals using your ATM Card and Debit Card and/or code that we may establish, you have the option to limit the amount of cash that can be withdrawn by your ATM Card and Debit Card and/or code to $50.00 per day or some other amount acceptable to us.
ATM Transfers – types of transfers and dollar limitations. – You may access your account(s) by ATM using your ATM Card and personal identification number (PIN) or Debit Card and personal identification number (PIN), to:
- make deposits to checking account(s) with an ATM car/Debit Card at ATMs we own or operate
- make deposits to savings or money market account(s) with an ATM card/Debit Card at ATMs we own or operate
- get cash withdrawals from checking account(s) with an ATM card/Debit Card
- you may withdraw no more than $500.00 per day
- get cash withdrawals from savings or money market account(s) with an ATM card/Debit Card
- you may withdraw no more than $500.00 per day
- transfer funds from savings or money market to checking account(s) with ATM card/Debit Card
- transfer funds from checking to savings or money market account(s) with an ATM card/Debit Card
- make payments from checking account(s) with an ATM card/Debit Card
- get information about:
- the account balance of your checking account(s)
- with an ATM card
- with a debit card
- the account balance of your savings or money market account(s)
- with an ATM card
- with a debit card
Some of these services may not be available at all terminals.
Please also see Limitations on frequency of transfers section regarding limitations that apply to ATM transfers.
Types of ATM Card Point-of-Sale Transactions – You may access your checking account(s) to purchase goods (in person), pay for services (in person), get cash from a merchant, if the merchant permits, or from a participating financial institution, and do anything that a participating merchant will accept.
Point-of-Sale Transactions – dollar limitations and charges – Using your card:
- you may not exceed $1,000.00 in transactions per day
- see separate fee schedule for charges
Types of Debit Card Point-of-Sale Transactions – You may access your checking account(s) to purchase goods (in person, online, or by phone), pay for services (in person, online, or by phone), get cash from a merchant, if the merchant permits, or from a participating financial institution, and do anything that a participating merchant will accept.
Point-of-Sale Transactions – dollar limitations – Using your card:
- YOU MAY NOT EXCEED $1,000.00 IN TRANSACTIONS PER DAY
Please also see Limitations on frequency of transfers section regarding limitations that apply to debit card transactions.
Currency Conversion. When you use your Visa®-branded Debit Card at a merchant that settles in currency other than US dollars, the charge will be converted into the US dollar amount. The currency conversion rate used to determine the transaction amount in US dollars is either 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. The conversion rate in effect on the processing date may differ from the rate in effect on the transaction date or posting date.
Advisory Against Illegal Use. You agree not to use your card(s) for illegal gambling or other illegal purpose. Display of a payment card logo by, for example, an online merchant does not necessarily mean that transactions are lawful in all jurisdictions in which the cardholder may be located.
Mane-Link Computer Transfers – types of transfers and frequency limitations – You may access your account(s) by computer through the internet by logging onto our website at www.bankatcommerce.com and using your password and your access I.D., to:
- transfer funds from checking to checking
- transfer funds from checking to savings or money market
- transfer funds from savings or money market to checking
- you may make no more than six transfers per statement cycle
- transfer funds from savings or money market to savings or money market
- you may make no more than six transfers per statement cycle
- make Bill Pay payments from checking to third parties
- get information about:
- the account balance of checking account(s)
- the current statement deposits to checking accounts
- the account balance of savings or money market account(s)
- the current statement deposits to savings or money market accounts
- the current statement withdrawals from savings or money market accounts
Please also see Limitations on frequency of transfers section regarding limitations that apply to computer transfers.
Limitations on frequency of transfers. In addition to those limitations on transfers elsewhere described, if any, the following limitations apply:
- Transfers from a savings account to another account or to third parties by preauthorized, automatic, telephone or computer transfer are limited to six per statement cycle with no transfers by check, debit card or similar order to third parties.
- Transfers from a money market account to another account or to third parties by preauthorized, automatic, telephone, or computer transfer are limited to six per statement cycle with no more than three by check, draft, debit card or similar order to third parties.
Termination
- You may terminate the electronic fund transfer agreement by written notice to us.
- We may terminate the electronic fund transfer agreement by written notice to you.
Minimum account balance
- We do not require you to maintain a minimum balance in any account as a condition of using an access device (card or code) to accomplish a transfer.
FEES
- We do not charge for direct deposits to any type of account.
- We do not charge for preauthorized payments from any type of account.
Except as indicated elsewhere, we do not charge for these electronic transfers.
ATM Operator/Network Fees. When you use an ATM not owned by us, 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).
DOCUMENTATION
- Terminal transfers. You can get a receipt at the time you make any transfer to or from your account using one of our automated teller machines or point-of-sale terminals.
- Preauthorized credits. If you have arranged to have direct deposits made to your account at least once every 60 days from the same person or company, you can call us at 508-797-6800 to find out whether or not the deposit has been made.
- Periodic statements.
You will get a monthly account statement from us for your checking, savings or money market accounts.
PREAUTHORIZED PAYMENTS
- Right to stop payment and procedure for doing so. If you have told us in advance to make regular payments out of your account, you can stop any of these payments. Here is how:
Call or write us at the telephone number or address listed in this brochure in time for us to receive your request 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 14 days after you call.
Please refer to our separate fee schedule for the amount we will charge you for each stop-payment order you give.
- Notice of varying amounts. If these regular payments may vary in amount, the person you are going to pay will tell you, 10 days before each payment, when it will be made and how much it will be. (You may choose instead 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 transfer. If you order us to stop one of these payments 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
ADDITIONAL INFORMATION REQUIRED BY MASSACHUSETTS LAW
(1) Any documentation provided to you which indicates that an electronic fund transfer was made to another person shall be admissible as evidence of the transfer and shall constitute prima-facie proof that the transfer was made.
(2) The initiation by you of certain electronic fund transfers from your account, except as otherwise provided in the agreement, will effectively eliminate your ability to stop payment of the transfer.
Unless otherwise provided in this agreement, you (the consumer) may not stop payment of electronic fund transfers, therefore you should not employ electronic access for purchases or services unless you are satisfied that you will not need to stop payment.
FINANCIAL INSTITUTION’S LIABILITY
If we do not complete a transfer to or from your account on time or in the correct amount according to our agreement with you, we will be liable for your losses or damages. However, there are some exceptions. We will not be liable, for instance:
(1) If, through no fault of ours, you do not have enough money in your account to make the transfer.
(2) If you have an overdraft line and the transfer would go over the credit limit.
(3) If the automated teller machine where you are making the transfer does not have enough cash.
(4) If the terminal or system was not working properly and you knew about the breakdown when you started the transfer.
(5) If circumstances beyond our control (such as fire or flood) prevent the transfer, despite reasonable precautions we have taken.
(6) If the funds are subject to legal process or other encumbrance restricting such transfer.
(7) There may be other exceptions stated in our agreement with you.
CONFIDENTIALITY
In order that your privacy may be protected, we will not disclose any information about you or your account to any person, organization, or agency except:
(1) for certain routine disclosures necessary for the completion of a transfer; or
(2) for verification of the existence and condition of your account for a credit bureau or merchant; or
(3) to persons authorized by law in the course of their official duties; or
(4) to our employees, auditors, service providers, attorneys or collection agents in the course of their duties; or
(5) pursuant to a court order or lawful subpoena; or
(6) to a consumer reporting agency as defined in Chapter 93 of Massachusetts General Laws; or
(7) by written authorization which shall automatically expire 45 days after our receipt of your authorization.
If an unauthorized disclosure has been made, we must inform you of the particulars of the disclosure within 3 days after we have discovered that an unauthorized disclosure has occurred.
UNAUTHORIZED TRANSFERS
(a) Consumer liability.
- Generally. Tell us AT ONCE if you think your card and/or code has been lost, stolen, used without your permission, or if you believe that an electronic fund transfer has been made without your permission using information from your check. Telephoning is the best way, if any, of minimizing your possible losses. You can lose no more than $50 if you fail to give us notice of your lost or stolen card and/or code and your card and/or code is used without your permission. You will not be liable for any unauthorized Visa Ò Point of Sale Transactions. In order to preserve your rights, we must hear from you no later than 60 days after we sent you the FIRST statement on which the problem or error appeared.
- Additional Limit on Liability for Visa Ò-branded Debit Card. Unless you have been grossly negligent or have engaged in fraud, you will not be liable for any unauthorized transactions using your lost or stolen Visa Ò-branded Debit Card. This additional limit on liability does not apply to ATM transactions or to transactions using your Personal Identification Number which are not processed by VISA Ò
(b) Contact in event of unauthorized transfer. If you think your card and/or code has been lost, stolen or that someone has transferred or may transfer money from your account without your permission, for example, by using the information from your check, call or write us at the telephone number or address listed in this brochure.
PROTECTED CONSUMER USE
Chapter 167B of the Massachusetts General Laws was enacted to provide a means for financial institutions, businesses, and consumers to conduct their business relations more conveniently. Transferring funds electronically will supplement the use of checks, credit, and cash and will not replace these resent methods of doing business. As a consumer, you should be aware f your rights if you choose to utilize this system.
(1) Prohibition of compulsory use. No person may:
- require you to use a preauthorized electronic fund transfer as a condition of the extension of credit unless the credit is being extended in connection with an overdraft checking plan, or is being extended to maintain a specified balance in your account, or
- require you either to accept a transfer service or to establish an account which is accessed electronically as conditions of employment or receipt of governmental benefit, or
- require you to pay electronically for the purchase of goods or services.
If your account is to be credited by a preauthorized transfer you may choose the financial institution to which the transfer may be made, if the institution is technically capable of receiving such preauthorized transfer.
(2) Waiver of rights. No writing or agreement signed by you can waive the rights conferred to you by Chapter 167B of the Massachusetts General Laws unless you decide to waive these rights in settlement of a dispute or action.
(3) Refunds. If it is the policy of a store or retail business to give cash refunds in return for an item purchased by cash, then this policy must also cover refunds for items purchased by electronic fund transfer unless it is clearly disclosed at the time the transaction is consummated that no cash or credit refunds are given for payments made by electronic fund transfers.
(4) Suspension of obligations. If a person agrees to accept payment by means of an electronic fund transfer and the system malfunctions preventing such a transfer, then the consumer’s obligation is suspended until the transfer can be completed, unless that person, in writing, demands payment by other means.
(5) Prohibited means of identification. Your Social Security number cannot be used as the primary identification number although it can not be used as secondary aid to identify you.
(6) Criminal liability. Procuring or using a card, code or other means of electronic access to an account with the intent to defraud is a basis for criminal liability.
ERROR RESOLUTION NOTICE
In case of Errors or Questions About Your Electronic Transfers, call or Write us at the telephone number or address listed in this brochure, as soon as you can, if you think your statement or receipt is wrong or if you need more information about a transfer listed on the statement or receipt. We must hear from you no later than 60 days after we sent the FIRST statement on which the problem or error appeared.
(1) Tell us your name and account number (if any).
(2) 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.
(3) Tell us the dollar amount of the suspected error.
If you tell us orally, we may require that you send us your complaint or question in writing within 10 business days.
We will determine whether an error occurred within 10 business days (5 business days for Visa-branded Debit Card point-of-sale transactions and 20 business days if the transfer involved a new account) after we hear from you and will correct any error promptly. If we need more time, however, we may take up to 45 days (90 days if the transfer involved a new account, a point-of sale transaction, or a foreign-initiated transfer) to investigate your complaint or question. If we decide to do this, we will credit your account within 10 business days (5 business days for Visa-branded Debit Card point-of-sale transactions and 20 business days if the transfer involved a new account) for the amount you think is in error, so that you will have the use of 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 10 business days, we may not credit your account. Your account is considered a new account for the first 30 days after the first deposit is made, unless each of you already has an established account with us before this account is opened.
We will tell you the results within three business days after completing our investigation. If we decide there was no error, we will send you written explanation.
You may ask for copies of the documents that we used in our investigation.
COMMERCE BANK & TRUST COMPANY
386 MAIN STREET
WORCESTER, MASSACHUSETTS 01615-0020
Business Days: Monday through Friday
Business Hours: Monday through Friday 8:00 A.M. – 5:00 P.M.
Extended hours are available at most branch locations
Excluding Federal Holidays
Phone: 508-797-6800
MORE DETAILED INFORMATION IS AVAILABLE ON REQUEST
Rev: 08/21/2007
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