toggle® Terms & Conditions

These Terms and Conditions are provided to Accountholders ("You" or "Your") by Commerce Bank ("Commerce") for the credit card payment feature toggle, which is only available to Qualified Commerce Bank Credit Card Accounts as below defined. All terms not otherwise defined herein will have the meaning stated in Your Commerce Cardholder Agreement.

By completing the toggle® online sign up, You authorize Commerce to add the toggle payment feature to Your Account, and the Card(s). By adding the toggle payment feature to Your Account, You will be allowed to link up to two (2) demand deposit accounts ("DDA") to Your Account for the purpose of a payment to Your Account. Payments made to Your Account from Your DDA will be based upon Payment Preferences (defined below) established by You through the toggle user interface.

Qualified Commerce Credit Card Account

toggle may be added to any Qualified Commerce Visa or MasterCard Credit Card Account. A "Qualified Commerce Credit Card Account" means any open Account that is not designated by Commerce as lost, stolen, fraud transferred, credit revoked, closed, bankrupt, charged off, or in Consumer Credit Counseling or recovery.

Demand Deposit Account

You may link up to two (2) DDAs to Your Qualified Commerce Credit Card Account for the use of the toggle payment feature.

If You link a Commerce DDA to Your Account, that DDA must be an open checking account. You must have an ownership relationship to that DDA in order to link it to Your credit card Account.

Each applicant for the Account will have access to the linked DDA through the use of the toggle payment feature. This means that each applicant will be able to use any linked DDA to make payments to the Account based upon Payment Preferences established by each applicant. Each applicant for the Account will also be able to remove any linked DDA from the Account to which it is linked.

Any person using the Account and/or related Card(s) with the expressed or implied permission of any of the applicants ("Authorized Users"), will have access to the linked DDA through the use of Your Account. This means that any Purchases made with Your Account or Card(s) by an Authorized User will be subject to the Payment Preferences that have been established by each applicant of the Account.

Any DDA that has been designated by Commerce as having a garnishment, a closed-to-posting restriction, or has been forced to close by Commerce, will not be eligible to link to Your Account for the purpose of the toggle payment feature. Small Business banking accounts will not be eligible to link to Your Account for the purpose of the toggle payment feature.

If You link a non-Commerce DDA to Your Account, You must provide Commerce with the account number and the routing information for that financial institution. Certain transaction restrictions may apply to such non-Commerce DDAs. Please refer to such bank's terms and conditions of Your DDA for applicable fees, restrictions and/or limitations of Your DDA.

Payment Preferences

"Payment Preferences" means the selection of a category, setting and/or amount you choose to determine if a credit card purchase is to be paid for from your linked DDA or if it is to remain a part of your credit card balance. You may use the following criteria when selecting Your Payment Preferences:

Each applicant for the Account will be allowed to select Payment Preferences to determine which Purchases will be paid for from the DDA(s) linked to the Account, even if such applicant does not have an ownership relationship to the linked DDA.

For example, Jane and Joe are co-applicants of the same Account. If Jane links her DDA to the Account, then Jane and Joe will both have the ability to set Payment Preferences for Jane's DDA, even if Joe is not an owner of that DDA.

The available categories for toggle are based upon a collection of similar merchant category codes ("MCC"). All merchants that accept Visa or MasterCard credit cards select an MCC based upon the types of products sold, and services offered by that merchant. For example, the category of "Restaurants" may include, but is not limited to, fast food restaurants, full-service restaurants, caterers, and/or bars.

It is important to understand that although a merchant may sell a particular good, or provide a particular service, the MCC selected by that merchant may not always be representative of MCCs used by similar merchants. For example, a restaurant that resides inside a grocery store may use the MCC for grocery store, meaning that a purchase at that particular restaurant would be considered a grocery store purchase (and not a restaurant purchase).

If You have more than one Payment Preference for Your Account, and You have designated two linked DDAs, Your Purchases will be paid for from the designated DDA based upon the following hierarchy of Payment Preferences:

  1. All Purchases greater than or equal to, or less than a specified dollar amount; and
  2. All Purchases specified by a merchant category.

For example, if you set Your Payment Preferences for DDA 1 to pay for "All Purchases Less Than $50", and You set Your Payment Preferences for DDA 2 to pay for "All Grocery Store Purchases", a grocery store purchase of less than $50 would be paid for from DDA 1.

Pay Now®

"Pay Now®" means a credit card purchase that will be automatically paid for from Your DDA according to Your Payment Preferences. Any purchase made by You or an Authorized User with Your Account, will be paid for from the DDA that has been linked to Your Account, and in accordance with the Payment Preferences that have been selected by the applicants of the Account.

In order to Pay Now You will need to activate a Payment Preference for the Purchases that You wish to be paid for from Your DDA. To activate a Payment Preference, You will need to turn the toggle switch to the 'ON' position for the Payment Preference You wish to activate.

After You have selected Your toggle Payment Preferences, any credit card purchase(s) that match Your Payment Preferences, including Purchases that have not yet posted to Your Account, will post as a debit to Your Account. Along with the debit, a corresponding toggle credit will also post to Your Account. The credit that posts to Your Account will be equal to the total amount of the credit card Purchases that You have selected to Pay Now. However, when a toggle credit is posted to your Account, we reserve the right to place a temporary hold on the available credit created by the toggle credit. Toggle does not, nor is it intended to, shorten the time-frame in which your available credit is replenished after a payment to your Account. Here is an example of how that debit and credit might appear on Your Account if you chose to Pay Now for "All Gas Purchases":

Commerce Bank Credit Card Account
Post Date Trans Date Description Debit Credit
1/3 1/2 Gas $50.00 --
1/3 1/2 toggle Credit -- $50.00

After the Purchase(s) have posted to Your Account, a payment for that Purchase will be initiated through an ACH request from Your DDA. The ACH is initiated on the same date that the Purchase posts to Your Account. If the ACH request is successful, the payment will appear as a debit on Your DDA statement. Here is an example of how that payment might appear on Your DDA:

DDA
Date Description Debit Credit
1/5 ACH Debit toggle Gas $50.00 --

Purchases may take 1-2 business days to post to Your Account following the date of Purchase. After the Purchase has posted to Your Account, an ACH may take 1-2 business days to appear as a debit on Your DDA.

If two separate Purchases match Your Payment Preference setting, and post to Your Account on the same day, each Purchase will appear as a separate debit to Your Account, and will be accompanied by one toggle credit equal to the total amount of the two Purchases. Here is an example of how those debits and credit might appear on Your Account if You chose to Pay Now for "All Gas Purchases", and "All Grocery Store Purchases":

Commerce Bank Credit Card Account
Post Date Trans Date Description Debit Credit
1/3 1/2 Gas $50.00 --
1/3 1/2 Grocery Store $25.00 --
1/3 1/2 toggle Credit -- $75.00

Payments from Your DDA will always appear individually, even if those payments happen on the same day. Here is an example of how those payments might appear on Your DDA for two separate Purchases that match Your Payment Preferences:

DDA
Date Description Debit Credit
1/5 ACH Debit toggle Gas $50.00 --
1/5 ACH Debit toggle Grocery Store $25.00 --

Payments are not applied to the required minimum payment due on Your Statement each month. You will still have a required minimum payment due each month, which will appear on Your Statement and will be subject to the terms of Your cardholder agreement. The total of your Pay Now payments will appear in "Other Credits" on page 1 of Your Statement each month.

Pay Later

"Pay Later" means any Purchase that is made with Your Account that will not be automatically paid for from a DDA, and will become a part of your outstanding credit card balance.

You may choose to Pay Later for Your Purchases by choosing not to activate a specific Payment Preference, by deactivating a previously chosen Payment Preference, by cancellation of a linked DDA, or by the cancellation of the toggle payment feature from Your credit card Account.

Unwind®

"Unwind®" means the ability to return funds that were used to Pay Now for a Purchase to Your DDA , and to have the original Purchase placed back on to Your Account.

You will have up to 30 calendar days to Unwind a Pay Now Purchase. Unwinding a Purchase will post a credit equal to the amount of such Purchase to Your DDA and will post a debit back to Your Account that will become a part of Your outstanding credit card balance. When the Purchase posts back to Your Account, it will post with the original transaction date, and will be subject to interest charges according to the terms of Your Cardholder Agreement. We reserve the right to limit the total amount of your Unwind requests from exceeding the available credit for Your Account. Here is an example of how a Purchase that You choose to Unwind will appear on Your Account and Your DDA account.

Commerce Bank Credit Card Account
Post Date Trans Date Description Debit Credit
1/4 1/2 Gas $50.00 --
1/3* 1/2* Gas* $50.00 --
1/3* 1/2* toggle Credit* -- $50.00

*Indicates original Purchase and toggle credit before the decision to Unwind.

DDA
Date Description Debit Credit
1/6 ACH Credit toggle Gas -- $50.00
1/5* ACH Debit toggle Gas* $50.00 --

*Indicates the original ACH payment before the decision to Unwind.

ACH Returns

If an ACH payment request is returned for any reason, the original Purchase that initiated that ACH payment request will be posted back to Your Account, and will be due according to the terms of Your Cardholder Agreement.

An ACH return for any reason will result in the deactivation of any active Payment Preferences for the DDA that caused the return, and any other DDA that might share an active Payment Preference. Your Payment Preferences will remain deactivated until such time that you re-activate Your Payment Preferences.

If Your Payment Preferences are not active, any pending and future Purchases that previously matched that Payment Preference, will post to Your Account and will not initiate an ACH payment request. These Purchases will become a part of your outstanding credit card balance with Commerce, and will be due according to the terms of Your Cardholder Agreement.

If You have linked a Commerce DDA to Your Account, any ACH payment request that would result in an overdraft of Your DDA will be returned to Your Account, and no overdraft or insufficient funds fees will be assessed to You. If you have linked a non-Commerce DDA to Your Account, You may be assessed overdraft and/or insufficient funds fees according to that financial institution's deposit agreement.

toggle® Alerts

Commerce will use the email address provided by You at the time of sign-up to notify you of important changes in regards to the toggle payment feature for Your Account. You will not be able to turn off these notifications. You agree that You are responsible for maintaining a valid email address and agree to notify us of any change in Your email address. You can change the email address for account notification at any time through Commerce Online Banking. Should delivery of the account notification be unsuccessful, it remains Your responsibility to monitor Your toggle Payment Preferences in a timely manner from Commerce Online Banking. The terms and conditions of Your Cardholder Agreement, including Your duty to monitor Your Account settings and report any irregularities, shall apply to toggle.

General Terms & Conditions

You must be enrolled in a Commerce Rewards Program in order to receive rewards for Your Purchases.

Commerce reserves the right, in its sole discretion, to suspend, cancel or modify the toggle payment feature at any time and for any reason and without prior notice.

Commerce reserves the right, in its sole discretion, to add, delete, change or revise these Terms and Conditions including, but not limited to, qualifications for participation in toggle.

Commerce reserves the right, in its sole discretion, to disqualify any Accountholder from participation in toggle in cases of actual or suspected abuse, fraud, violations of these Terms and Conditions or any actual or suspected abuse or fraud with respect to the Account or DDA.

Neither Commerce nor its third-party service providers, their respective employees, officers, affiliates or agents will be liable to You for any action or inaction any of them take or fail to take with respect to toggle or any changes to these Terms and Conditions.

You agree to notify Commerce promptly upon the receipt of Your Account Statement of any errors relating to the debit or credit of Your Account or Your DDA, but in no event later than sixty (60) days after the error appeared on Your Statement.

All trademarks, service marks and trade names used by Commerce for toggle, including the toggle design are property of Commerce. No use of these may be made without the prior written authorization of Commerce.

By enrolling in toggle, You agree to all of the toggle features, limitations and restrictions contained in these Terms and Conditions as well as any additional terms and conditions contained in any programs, promotions or transactions that may be offered to You from time-to-time and any terms and conditions contained in any document issued to You by Commerce.

This authorization is to remain in effect until Commerce has received electronic notice of termination from You. You may terminate toggle electronically through Online Banking, or by contacting us at 1-800-645-2103. Your notice must be sent in such time and manner as to afford Commerce Bank a reasonable opportunity to act upon the termination (but in no event less than three business days). Commerce reserves the right to decline or cancel toggle service at any time.