The Electronic Fund Transfers we are capable of handling are indicated below, some of which may not apply to your account. Please read this disclosure carefully because it tells you your rights and obligations for these transactions. You should keep this notice for future reference.

Direct Deposits - You may make arrangements for certain direct deposits to be accepted into your Checking or Savings accounts.

Preauthorized Withdrawals - You may make arrangements to pay certain recurring bills from your Checking and Savings accounts.

Telephone Transfers - You may make telephone-initiated transfers between your Checking or Savings accounts.

Telephone Payments - You may make arrangements to purchase goods by authorizing a one-time payment using a telephone and entering certain information about your checking account. This type of payment is commonly referred to as a "TEL" transaction and is a type of Preauthorized Withdrawal.

Internet Transactions - You may make arrangements to purchase goods, or pay recurring bills by authorizing the payment using the Internet and entering certain information about your Checking account. This type of payment is commonly referred to as a "WEB" transaction and is a type of Preauthorized Withdrawal.

Freedom Check Card ATM Transfers - NYCE®, Cirrus®, Commerce 24® - types of transfers, dollar limitations, and charges- You may access your account(s) by ATM using your ATM card and personal identification number, to:

• make deposits to checking account(s) with an ATM card at Commerce Bank ATMs
• make deposits to savings account(s) with an ATM card at Commerce Bank ATMs
• get cash withdrawals from checking account(s) with an ATM card
  • you may withdraw no more than $500.00 per day, per card, or your preauthorized withdrawal limit
  • there is a charge per withdrawal at non-Commerce Bank ATM locations
    (see separate fee schedule)
• get cash withdrawals from savings account(s) with an ATM card
  • you may withdraw no more than $500.00 per day, per card, or your preauthorized withdrawal limit
  • there is a charge per withdrawal at non-Commerce Bank ATM locations
    (see separate fee schedule)
• make loan payments from checking account(s) with an ATM card to Commerce Bank
• get information about:
  • the account balance of your checking accounts
    • with an ATM card
    • there is a charge per inquiry at non-Commerce Bank ATM locations
      (see separate fee schedule)
• the account balance of your savings accounts
  • with an ATM card
  • there is a charge per inquiry at non-Commerce Bank ATM locations
    (see separate fee schedule)
• get cash back on deposits to checking or savings account(s).
  • you may get no more than $100.00 cash back per day.
• As a security feature you can not use your Freedom Debit Card for making purchases at Visa® merchants until it is activated because your Freedom Debit Card may be used at a Visa® merchant without a password.
• For your protection Commerce Bank ATM's, NYCE®, Cirrus®, Commerce24® and Visa®; ATM's are programmed to keep your Freedom Debit Card in certain instances

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 Freedom Check Debit Card Transactions- You may access your Checking account(s) to purchase goods (in person) and get cash from a merchant, if the merchant permits, or from a participating financial institution.

Debit Card Transactions- dollar limitations and charges- Using your debit card:

• you may not exceed $500.00 in transactions per day, or your preauthorized withdrawal limit (ATM withdrawals not included)
• there may be a charge to use your debit card
  (see separate fee schedule)

Please also see Limitations on Frequency of Transfers section regarding limitations that apply to debit card transactions.

Limitations on Frequency of Transfers- In addition to those limitations on transfers elsewhere described, if any, the following limitations apply:

• Transfers from a Money Market account to another account or to third parties by preauthorized, automatic, or telephone transfer are limited to six per statement cycle with no more than three by check, draft, debit card, or similar order to third parties.
• Transfers from a Personal Statement Savings, Nifty Fifty Savings, Lion's Share Savings, Cub Account, or Prime Group Statement Savings account to another or to third parties by preauthorized, automatic, or telephone transfer are limited to six per statement cycle with no transfers by check, debit card or similar order to third parties.
• For security reasons, there are other limits on the number of transfers you can make by ATM.

Termination-

• You may terminate the electronic fund transfer agreement by notifying us in writing.
• We may terminate the electronic fund transfer agreement at any time.

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.

CHARGES FOR ELECTRONIC FUND TRANSFERS

• We do not charge for direct deposits to any type of account.

Except as indicated elsewhere, we do not charge for electronic fund transfers.

RIGHT TO 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.

Direct Deposits. If you have arranged to have direct deposits made to your account at least once every 60 days from the same person or company, the person or company making the deposit will tell you every time they send us the money. If the only possible transfers to or from your account are preauthorized deposits, you will get a quarterly statement from us.

Direct Deposits. 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) 798-8400 to find out whether or not the deposit has been made. If the only possible transfers to or from your account are preauthorized deposits, you will get a quarterly statement from us.

Periodic Statements. You will get a monthly account statement from us for your Checking or Savings accounts.

STOP PAYMENT PROCEDURES AND NOTICE OF VARYING AMOUNTS

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 us or write us at the telephone number or address listed in this disclosure in time for us to receive your request three 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.

We will charge you for each stop payment order you give (see separate fee schedule).

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 three 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 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.

OUR 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 actual losses or actual damages. However, there are some exceptions. We will NOT be liable for, for instance:

1. If, through no fault of ours, you do not have enough money in your account to make the transfer.
2. If the transfer would go over the credit limit on your overdraft line.
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.

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.

UNAUTHORIZED TRANSFERS

Notify us AT ONCE if you think your card, your code, or both have been lost, stolen or used without your permission. Telephoning is the best way 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 or code and your card or code is used without your permission. You will not be held liable for any unauthorized VISA® 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 occurred.

If you think your card, your code or both, has been lost or stolen or that someone has transferred or may transfer money from your account without your permission, call or write us at the telephone number or address listed in this disclosure.

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 present methods of doing business. As a consumer, you should be aware of 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 be 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

In case of errors or questions about your electronic transfers, (ATM, Point of Sale or Computer Banking Transactions, or ACH or Telephone Transfers), telephone or write us at the telephone number or address listed in this disclosure as soon as you can, if you think your statement, passbook or receipt is wrong or if you need more information about a transfer listed on the statement, passbook or receipt. We must hear from you no later than 60 days after we sent you 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 tell you the results of our investigation within 10 calendar days after we hear from you and will correct any error promptly. If we need more time, however, we may take up to 45 calendar days to investigate your complaint or question. If we decide to do this, we will recredit your account within 10 calendar days 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 recredit your account. We will tell you the results within 3 business days after completing our investigation.

If we decide that there was no error, we will send you a written explanation within three business days after we finish our investigation. You may ask for copies of the documents that we used in our investigation and we must make these available to you for your inspection. For a reasonable fee covering our duplication costs we will provide you with copies of any such documents which you request. If you want to inspect the documents we used to make our decision, you may do so at our main office at no cost.

COMMERCE BANK & TRUST COMPANY
386 MAIN STREET, P.O. BOX 15020
WORCESTER, MASSACHUSETTS 01615-0020
 

Business Days: Monday through Friday *
Business Hours: 8:00a.m. to 5:00 p.m. *
Excluding Federal Holidays
Phone: (508) 797-6800
 

*EXTENDED HOURS AVAILABLE AT MOST BRANCH LOCATIONS
MORE DETAILED INFORMATION IS AVAILABLE ON REQUEST

Lost or Stolen ATM or Freedom Card
Business Hours: (508) 797-6833
After Hours: 1-800-754-4128

Lost or Stolen Credit Cards
Business Hours: 1-800-688-7070
After Hours: 1-800-688-7070