Commerce Branch & ATM Locations Mane-Link Internet Banking & Bill Pay Personal Banking Business Banking Cash Management Commercial Banking Consumer Loans Mortgage Loans

Consumer Awareness
Customer Identification
Electronic Fund Transfer
Funds Availability Policy
Privacy Statement
Site Disclaimer
Site Security


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


ELECTRONIC FUND TRANSFERS
YOUR RIGHTS AND RESPONSIBILITIES

<Back to Top>

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

About Us | Careers | Contact Us | Calculators | Consumer Awareness | Disclosures | Privacy | Site Map