1
TD
Bank
America's Most Convenient Bank
Personal Credit Card Agreement
TD Cash Secured
1.
INTRODUCTION. Your TD Bank VISA Card account ("Credit Card Account") is subject to this Personal Credit Card Agreement,
including the Interest Rate and Fee Schedule we send with your credit card(s) ("Card") when we open a Credit Card Account for you. This
Personal Credit Card Agreement, the Interest Rate and Fee Schedule and the application or solicitation you submitted for this Credit Card
Account are all a part of and collectively referred to as the "Agreement." Please read and keep this Agreement for your records.
You, your, and yours mean each person who applied for the Credit Card Account and the person to whom we direct billing statements
("Statements"). We, us, ourand TD Bankmean TD Bank, N.A., a national bankwith main office located in Delaware, and its successors
and assigns.
A. Credit Card Account Use and Acceptance. By accepting your Card and using or maintaining your Credit Card Account, or letting
someone else use your Card or your Credit Card Account, you agree to all of the terms of this Agreement. You acknowledge that you
received a copy of this Agreement. Your signature on your application, solicitation, back of the credit card or Collateral Account Deposit
Agreement for this Credit Card Account, including without limitation any electronic signature or oral acceptance of a telephone offer or in
store application, your Card or any Credit Card Account-related document represents your signature on this Agreement.
You agree that you will not use your Card or Credit Card Account for any unlawful or illegal purposes. Such transactions include,
but are not limited to, online gambling transactions, the purchase of lottery tickets or casino chips or off-track betting and
wagering. We reserve the right to block all such transactions. If any such charge or transaction is approved and processed, you
will still be liable for the charge.
B. Promise to Pay. You promise to pay usfor all purchases, balance transfers and cash advances resulting from the use of your Card or
Credit Card Account, plus interest charges and all other fees and charges owed under this Agreement.
2. GOVERNING LAW. Applicable federal law and the substantive laws of the State of Delaware (to the extent not preempted
by
federal law) without regard to principles of conflicts of law or choice of law shall govern this Agreement. To the extent any court
determines that this Agreement is subject to Maryland law concerning credit, you and TD Bank agree that your Credit Card
Account is governed by Title 12, Subtitle 9 of the Commercial Law Article of the Annotated Code of Maryland, except as
preempted by federal law.
3. COLLATERAL ACCOUNT AND SECURITY AGREEMENT
A. Collateral Account. You understand and agree that you established and will maintain an individual TD Bank savings account (the
"Collateral Account') in your name to secure repayment of your Credit Card Account. You deposited and will maintain an amount that
equalsyo Credit Card Account credit limitin the Collateral Account. The Collateral Account serves as the security deposit funds for your
Credit Card Account. You have up to fifteen (15) business days from approval to provide the funds to match the limit of your credit
account. The amount you deposit up to your approved credit limit within fifteen (15) business from approval will be your credit limit for
your Credit Card Account. Depositing funds greater than your approval amount will not increase your credit limit and you may not have
access to those funds once the Collateral Account locked. The total amounts deposited and maintained in the Collateral Account at any
time and any interest earned thereon shall be referred to asthe "Funds". You agree to sign all applications and documents that we may
request from time to time that show that you have granted and assigned to us the security interest in the Collateral Account.
B. Security Agreement. As of the date you established the Collateral Account and provided the Funds, you agree as follows (terms not
defined in thissection 3.B. (the "Security Agreement') have the same meaning tsuch terms have in the remainder of this Agreement):
1. Collateral. You understand and agree that you have provided Fundsto serve as security for your Credit Card Account. All Funds will be
held in the Collateral Account. If the Collateral Account is amended, extended, renewed or closed and replaced for any reason, the resulting
Collateral Account will be deemed the Collateral Account for purposes of this Security Agreement. You may not use any portion of the
Collateral Account to secure other loans.
2. No Withdrawals You agree notto make withdrawalsfro the Collateral Account while the Funds are used as collateral to secure the
obligations to us that you incur in connection with your Credit Card Account.
3. Pledge and Grant of Security Interest. Your obligations us under the Agreement and this Security Agreement and any expenses
that we incur in enforcing your obligations under the Agreement and this Security Agreement, where permitted by applicable law, are
collectively referred to as "Obligations." You hereby pledge and grant to usa security interest in the Fundsfor the purpose of securing your
Obligations. You irrevocably and unconditionally relinquish all possession and control over and pledge and assign as security to us all of
your right, title and interest in and to any and all Funds. You agree to take any actions request to perfect or protect the first lien position
of our security interest in the Funds.
VISA isa registered trademark and service mark of VISA International Service Association, and isused by TD Bank, N.A. pursuant to a
license from VISA U.S.A. Inc.
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4. Legal Proceedings. You represent that there are no current lawsuits or bankruptcy proceedings that might affect our interest in the
Funds. You have not and will not attempt to transfer any interest in the Funds to any person other than us.
5. Our Actions. We will maintain recordsto account for the Funds. We may pay interest on the Funds if the Collateral Account established
is an interest bearing account. Such interest will be added to the Collateral Accountance will constitute proceeds securing your Obligations.
6. Default. You will be in default under this Security Agreementi if you are in default in any respect asdefined in the Agreement, including
failing to pay your Obligations at any time when due. Upon any such default, you hereby authorize usto withdraw Fundsfrom the Collateral
Account and to apply such amounts your Obligations without additional notice or demand for payment. The foregoing rights will be in
addition to all other rights we have under the law or the Agreement.
7. Application of Funds to Your Credit Card Account. If you or we close your Credit Card Account, or if you are in default under the
Agreement, we may apply the Fundstowards outstanding Obligations. You will not be considered to have made a payment on your
Credit Card Account because we have applied funds from the Collateral Account your Credit Card Account. If you have any outstanding
Obligations after the Fundsar applied, you will be responsible for the repayment of such amounts, and we may continue to report your
Credit Card Account as delinquent.
8. Applicable Law; Assignment. This Security Agreement and our security interest and rights aspledged hereunder will be governed by
the laws of the State of Delaware. We may, in our sole discretion, assign our rights and obligations under this Security Agreement.
9. Personal Deposit Account Agreement. You acknowledge that the provisions of the TD Bank Personal Deposit Account Agreement
you received when you established the Collateral Account (the "DepositAccount Agreement') apply to the Collateral Account. If a provision
of the Deposit Account Agreement conflicts with this Security Agreement, this Security Agreement will prevail.
C. Eligibility for an Unsecured Card. If you use and maintain a Credit Card Account for 7 consecutive Billing Cycles without committing an
act of default pursuant to the Agreement you may be eligible to graduate to an unsecured TD Bankcredit card automatically. This means
that your savings account that secured the credit card will be released SO you will have accesste these funds. Upon graduation, a prorated
refund of the annual fee will be given to you and it will appear on a subsequent monthly statement. Your credit limit and your APR will
remain the same. Your account will automatically be reviewed once you meet the threshold eligibility requirements. If you are not graduated
at your first review, your account will automatically be reviewed on an ongoing basis thereafter to determine if you have become eligible for
an unsecured account. If you meet the requirements you will be notified of the impending automatic graduation and you will have the
opportunity to opt out of the graduation and maintain your secured account by calling Customer Service at 1-888-561-8861. If you chose to
keep your secured account, you will have to complete a new application to be considered for an unsecured card in the future. All other
terms and conditions remain the same.
4. USING YOUR CREDIT CARD ACCOUNT
A. Credit Limit.
1. General. Your initial credit limitis shown in the Agreement disclosure materials we send with your Card when we open a Credit Card
Account for you. Your current credit limit will be shown on each Statement. You also may telephone Customer Service at 1-888-561-8861
for your current credit limit. You agree to not go over your credit limit. We may permit you to go over your credit limit, but we are not
required to do SO. If your Credit Card Account goesover your credit limit, you agree to pay the overlimit amount when it is billed or sooner
upon our request.
2. Limit for Cash ances. We may set a credit limit for the total dollar amount of cash advances that may be outstanding from time to
time that is lower than the overall credit limit for your Credit Card Account.
3. Changes to Credit Limit. In our discretion, at any time, we may change any credit limitthat applies your Credit Card Account. We will
notify you if we change any credit limit. You may ask us to change your credit limit by contacting Customer Service at P.O. Box 84037,
Columbus, GA 31908-4037, by first class mail, postage prepaid, or by telephoning Customer Service at 1-888-561-8861. We do not have to
agree to any such request.
B. Types of Transactions.
1. Purchases. You may use your Card to pay for the purchase or lease of goods or services wherever your Card is honored. If you use
your Card to purchase or lease goods or services by telephone, mail or internet, you agree that your signature is not necessary as
identification in such cases.
2. Cash Advances. You may use your Card to obtain cash advances wherever your Card ishonored for cash advances. For example, your
Card may be used to obtain cash advancesat ATMs displaying the VISA logo and from participating financial institutions honoring VISA
credit cards. You may be required to sign a special form and/or provide your personal identification number (PIN). Please select a PIN that
is not easily identifiable and does not consist of one single number or consecutive numbers (for example, "1111"). PINs should also not be
based on or include your birth date, zip code or Credit Card Accountnumber. Please do not write your PIN on your Card and do not keep
your PIN with or near your Card or any Access Device. See the Interest Ratesan Fee Schedule on the card mailer for Cash Advance fee
details.
3. Balance Transfers. We may allow you to transfer balances from other credit card accounts with third parties (but not us or our affiliates)
to your Credit Card Account. We may limit the number and types of credit card accountsfrom which we will allow you to transfer balances
and the times, amounts, manner and circumstances in which balance transfersma be requested. The minimum balance transfer amount is
$250 (plust Balance Transfer Transaction Fee). See the Interest Rates and Fee Schedule on the card mailer for Balance Transfer fee
details.
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4. Access Devices. We may from time to time issue additional Credit Card Account access devices ("Access Devices"). Access Devices
may include, for example, special checks you may use to obtain cash advances or oral offers or written forms by which you may request
balance transfers. Each Access Device must be in the form we issue and must be used according to the instructions we give you. We may
refuse to process Access Devices received after any applicable expiration date. We will not return paid Access Devices to you. Access
Devicesmay not be used to pay any amount owed to usor our affiliates. We will not certify any Access Device. You may not post-date any
Access Device. We may refuse to process a post-dated Access Device or process it before the date on the Access Device.
5. Foreign Transactions. If you use your Credit Card Account to make a purchase or cash advance in a foreign currency, the transaction
will be converted to U.S. Dollars based on a rate selected by VISA U.S.A. Inc. (or any of its affiliates) from the range of rates available in
wholesale currency marketsfor the applicable central processing date (which may vary from the rate VISA U.S.A. Inc. itself receives) or the
government-mandated rate in effectfor the applicable central processing date. The currency conversion rate used by VISA U.S.A. Inc. (or
any of its affiliates) on the currency conversion date may differ from the exchange rate in effect on the day you made the transaction or on
the day the transaction is posted to your Credit Card Account.
C. Stop Payment. If you want us to stop payment on an Access Device, notify Customer Service immediately at P.O. Box 84037,
Columbus, GA 31908-4037, by first class mail, postage prepaid, or call usat 1-888-561-8861. If you call, you must confirm your request in
writing within 14 days. A written stop payment request will remain in effect for six months unless renewed in writing. Call or write us with
your stop payment request as soon as possible after you have submitted the Access Device and give us information about the Access
Device to help us identify it.
If you ask us to stop payment, we will make reasonable efforts not to pay that Access Device. However, if we pay that Access Device
despite these efforts, we will not be liable to you for paying that Access Device. We may not be able to stop payment if you call or write us
after we have started processing the Access Device. A Stop Payment Fee may apply.
D. Refusal to Honor Your Card or Access Device. A merchant, business or financial institution may refuse to honor your Card or Access
Device. You agree that you have no legal claims or damages against usor anyone else if your use of your Credit Card Account isdenied by
any merchant, business or financial institution.
E. Statements.
1. General. At the end of each monthly billing cycle ("Billing Cycle"), if there was activity on your Credit Card Account, we will send you a
Statement showing what you owe (the "New Balance") as of the end of the Billing Cycle. The Statement will show any interest charges you
owe, the minimum payment due, the payment date, your current credit limit, an itemized list of fees, charges, payments and credits
posted to your Credit Card Account during the Billing Cycle and other important information. We will mail or deliver the Statement to the
address we have on file for your Credit Card Account.
2. Change of Address. You must notify uspromptly of any change in your address by contacting Customer Service at P.O. Box 84037,
Columbus, GA 31908-4037, by first class mail, postage prepaid, or by calling us at 1-888-561-8861. We may accept mailing address
corrections from the United States Postal Service. You may also update your address via www.tdcardservices.com. Until we receive,
process and verify your new address, we will continue to send Statements and other notices to the last address we have on file for your
Account (which may be a correction from the United States Postal Service).
F. Credit Balance. We will make a good faith effort to return to you any credit balance that has been on your Credit Card Account longer
than six consecutive Billing Cycles (or, in our discretion, for a shorter time period). You may also request a refund of a credit balance on
your Credit Card Account at any time by sending your request to Customer Service at P.O. Box 84037, Columbus, GA 31908-4037, by first
class mail, postage prepaid. We may reduce the amount of any credit balance on your Credit Card Account by applying the credit balance
towards new fees and charges posted to your Credit Card Account. We do not pay any interest on credit balances.
G. Payments. You may at any time pay off the full unpaid balance under this Agreement.
1. Minimum Payment. If you have an outstanding balance, we must receive your minimum payment by no later than 5 p.m. Eastern Time
on the payment due date. The minimum payment will be the greater of:
(i) $35, or
(ii) One percent (1%) of the New Balance plus:
(a)
The periodic interest charges for the Billing Cycle; plus
(b)
The full amount of any transaction fees (such as Cash Advance, Balance Transfer and Foreign
Transaction Fees) owed for the Billing Cycle; plus
(c)
The full amount of any Annual Membership Fee, Late Payment or Returned Payment Fee or other
applicable fees owed.
In addition, any past due minimum payment amounts will be added to your current minimum payment due.
If your New Balance is less than $35, your minimum payment will equal your New Balance.
Credits, adjustments, refunds, prepayments and similar Credit Card Account transactions may not be used in place of payment of any
portion of a required minimum payment. You may pay more than the minimum payment due (thisi prepayment) without any penalty. The
sooner you pay the New Balance, the less you will pay in interest charges. A prepayment in one Billing Cycle will not excuse you from
paying the minimum payment due in the next Billing Cycle.
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2. Making Payments. Paymentsm be made by mail, online, at a TD Bankstore or over the phone. All paymentsmus be in U.S. dollars
and, if applicable, drawn on a U.S. bank. Business Day is defined as Monday through Friday, excluding federal holidays.
a. By Mail. Send a check or money order to the payment address shown on your Statement with the payment stub from your
Statement. Do not mail any cash payments. A properly addressed payment with the payment stub will be credited to your Credit
Card Account as of the date received if we receive it by 5 p.m. Eastern Time on a Business Day. A properly addressed payment
with the payment stub received after 5 p.m. Eastern Time or on a day that is not a Business Day will be credited to your Credit
Card Account as of the next Business Day. You agree to not give us any post-dated check as payment on your Credit Card
Account. If the payment due date falls a day on which we do not receive or accept payments, the payment will not be treated
as late if received the next Business Day.
b. Online. You may pay online by logging in to our website. A paymentma online will be credited to your Credit Card Account
as of the date received if we receive it by 5 p.m. Eastern Time on a Business Day. Online payments received after 5 p.m. Eastern
Time or on a day that is not a Business Day will be credited to your Credit Card Account as of the next Business Day.
C. At TD Bank Stores. You may make a payment in person to one of our employees at a TD Bank store. A payment made at a
TD Bank store will be credited to your Credit Card Account as of the date received if we receive it by the close of business that
location.
d. By Phone. You may pay by phone by calling 1-888-561-8861. A payment by phone will be credited to your Credit Card
Account as of the date received if we receive it by 5 p.m. Eastern Time on a Business Day. Phone payments received after 5 p.m.
Eastern Time or on a day that is not a Business Day will be credited to your Credit Card Account as of the next Business Day.
e. Delay in Crediting and Available Credit. We may reject or delay crediting payments that do not follow the instructions above.
For example, there may be a delay of up to five daysin crediting a payment by mail if it is received at an address other than the
address we specify for payments your Statement or if it received withoutthe required payment stub. Your available credit
limit(s) may not reflect the payment for up to 15 days after we have credited a payment to your Credit Card Account.
3. Application of Payments.
a. Generally. We will generally apply your minimum payment in the following order:
(i)
to Interest Charges and other fees;
(ii)
to transactions (purchases, balance transfers, cash advances) with the lowest Daily Periodic Rates and corresponding
APRs;
(iii) to transactions with the highest Daily Periodic Rates and corresponding APRs.
b. Application of Payments in Excess of Minimum Payment. We will generally apply your payments and credits in excess of
the minimum payment in the following order:
(i)
to transactions (purchases, balance transfers, cash advances) with the highest Daily Periodic Rates and corresponding
APRs;
(ii)
to transactions with the lowest Daily Periodic Rates and corresponding APRs.
4. Payments Marked "Paid in Full". Any check, money order or other instrument sent in payment on your Credit Card Account marked
with "paid in full" or similar notation to settle a debton your Credit Card Accountt is reasonably in dispute (and any accompanying letter
or other instructions) must be sent to: TD Bank, P.O. Box 16027, Lewiston, ME 04243-9513, Attention: Customer Service. If such payment
is sent to any other address, you agree that (i) we may ignore any special notations or instructions on or with the payment and (ii) our
crediting any such payment to your Credit Card Account does not mean that have agreed to any special notations or instructions on or
with the payment.
5. Automatic Payments. We may allow you to repay amounts owed under this Agreement through automatic payments from a savings or
checking account. We may terminate our permission to make automatic payments at any time. If we allow automatic payments, no
automatic payment will occur unless the savings or checking account has sufficient collected funds in it on the Business Day before the
payment due date to cover the full amount of the minimum payment due (or any larger monthly payment you and we may agree to from
time to time). If an automatic payment does not occur for any reason, you still must pay the minimum payment and a Late Payment or
Returned Payment Fee may apply.
If you have authorized us to pay your credit card bill automatically from your checking or savings account with us, you can stop the payment
on any amount you thinki wrong. To stop the payment, write to: TD Bank, P.O. Box 84037, Columbus, GA 31908-4037 or call 1-888-561-
8861. To stop the payment, your letter or telephone call must reach usthree Business Days before the automatic payment is scheduled to
occur.
6. Electronic Check Conv ersion. When you send a check spayment, you authorize useither to use information from your checkto make
a one-time electronic fund transfer from your bank account or (at our option) to processthe payment as a check transaction. When we use
information from your check to make an electronic fund transfer, funds may be withdrawn from your bank account on the same day we
receive your payment, and you will not receive your check back from your financial institution. If we cannot process the electronic fund
transfer, or if it is returned to us, you authorize usto reinitiate the electronic fund transfer from your nkaccount. Alternatively, we may (at
our option) present the original check, a substitute check, draft or similar negotiable instrument to obtain payment. If you have questions
about electronic check conversion, you may telephone us at 1-888-561-8861.
H. Additional Cards. We may limit the total number of Cards and other Access Devices issued.
I. Lost or Stolen Cards, Credit Card Account Numbers or Access If any Card, Credit Card Account number or Access Device
is lost or stolen, or if you thinksomeone used or may use them without your permission, notify ONCE by calling 1-888-561-8861. You
agree that we may close your Credit Card Account to new transactions, change your Credit Card Account number and issue you a new
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Card(s) and new Access Devices with a different Credit Card Account number if we have been notified of the possible loss, theft or
unauthorized use. If we do this, you must notify anyone you have authorized to submit and post charges to your Credit Card Account of
your new Credit Card Account number. Do not use your Card, Credit Card Account number or Access Device after you notify us, even if
your Card or other Access Device is later found or returned.
Under VISA U.S.A.'s "Zero Liability Policy" you may not be liable for the unauthorized use of your Credit Card Account or Card
that results in a fraudulent transaction made over the VISA network. To be eligible, you must notify us immediately of any
unauthorized use of your Credit Card Account or Card. We will provisionally credit you for losses from the unauthorized Card use
within five Business Days of your notification to us of the loss. The VISA Zero Liability Policy does not apply to transactions
made at an ATM or to any transactions made using your PIN that are not processed by VISA. We may impose greater liability, or
withhold, delay, limit or rescind any provisional credit that we provide to you under the Zero Liability Policy, based on factors
such as your gross negligence or fraud, your delay in reporting unauthorized use, our investigation and verification of your claim,
your Credit Card Account standing and history and other factors. If you are not eligible for the VISA Zero Liability Policy or it
otherwise does not apply, you may be liable for unauthorized use of your Credit Card Account, but not for more than $50. You
won't be liable for any unauthorized use of your Credit Card Account that occurs after you notify us of the loss, theft or possible
unauthorized use of your Card, Credit Card Account number or Access Device. We may require you to provide certain information
in writing to help us find out what happened. You also must identify for us any charges on your Statement that were not made by
you or someone authorized by you and from which you received no benefit.
5. INTEREST CHARGES
A. Annual Percentage Rates. Annual Percentage Rate or APR means the annual rate of interest charged on Credit Card Account
balances. The APRs corresponding Daily Periodic Ratesf your Credit Card Account are listed in the Interest Rate and Fee Schedule.
To get the Daily Periodic Rate, we divide the APR by 365 and round at the seventh place after the decimal point. We may charge different
Daily Periodic Rates APRson different Credit Card Accounttransactions (such as purchases, cash advances balance transfers) or
during special promotional periods.
B. Variable Rates. Your APRsare subject to change each Billing Cycle and are determined each Billing Cycle by adding the Margins listed
in the Interest Rate and Fee Schedule to the Index. The Index is the Prime Rate (U.S.) published in the Money Rates section of The Wall
Street Journal. Your APRsmay increase if the Index increases. If any APR increases, the amount of interest charged and your minimum
payment may increase. Any change in the APRs will take effect on the first day of the Billing Cycle in which a change to the Index occurs.
When a range of rates has been published on the day we calculate the APR, the highest of the rates will be used. If this Index is no longer
available we will select a new one.
C. Introductory or Promotional APR. We may offer you an introductory or promotional APR for specific Account transactions, such
as balance transfers. Any introductory or promotional APR offer will be subject to the terms of the offer and this Agreement. Upon the
expiration of an introductory or promotional APR, the rate will return to the rate for the specified type of transaction(s) as stated in
this Agreement.
D. When Interest Charges Begin. Your due date is at least 25 days after the close of each Billing Cycle. We will not charge
you any interest on purchases if you pay your entire balance by the due date each Billing Cycle. Interest charges as a result of
the loss of a grace period will not be charged if those interest charges are based on any portion of a balance subject to the
grace period that was repaid prior to the expiration of the grace period. We will begin charging interest on cash advances and
balance transfers on the transaction date. There is no time period in which you may repay a cash advance or balance transfer
and avoid imposition of an interest charge.
E. Balance Calculation Method (Average Daily Balance Method (Including Current Transactions)).
In any Billing Cycle in which you owe interest, we will charge interest on your balances of purchases, balance transfers and cash advances
at the applicable Daily Periodic Rates. We calculate the interest charge on your Credit Card Account by applying the periodic rate to the
"average daily balance" of your Credit Card Account. To get the "average daily balance", we take the beginning balance of your Credit Card
Account each day, add any new transactions and fees and subtract any payments or credits. Thisgivesus the daily balance. Then, we add
up all the daily balancesfo the Billing Cycle and divide the total by the number of daysin the Billing Cycle. Thisgivesus the "average daily
balance". We compound (charge interest on) unpaid interest charges and unpaid fees.
F. Minimum Interest Charge. If the total interest charges on your Credit Card Account for a Billing Cycle are greater than zero but less
than $1, the interest charge for that Billing Cycle will be $1.
6. FEES. You agree to pay the fees described below whenever applicable.
A. Annual Membership Fee. If your Credit Card Account hasan Annual Membership Fee, it will be billed each year, whether or not you
use your Credit Card Account. The amount slisted in the Interest Rate and Fee Schedule. Your payment of the Annual Membership Fee
does not affect our right to close your Credit Card Account or limit your right to make transactions on your Credit Card Account.
B. Cash Advance and Balance Transfer Transaction Fees.
1. Cash Advance and Balance Transfer Transaction Fees. We will charge a transaction fee on each cash advance andbalance transfer
you obtain in the amounts shown in the Interest Rate and Fee Schedule. Any applicable cash advance or balance transfer transaction fees
will be added to your minimum payment amount which will be due on the payment due date specified on that statement.
2. Foreign Transaction Fee. If your Credit Card Account has a Foreign Transaction Fee, we may impose a fee equal to a certain
percentage of the U.S. Dollar amount of a foreign transaction asshown in the Interest Rate and Fee Schedule. Foreign Transactions are
subject to a transaction fee (see above) and the Foreign Transaction Fee charge will appear on your first monthly billing statement following
the foreign transaction, and that applicable Foreign Transaction fee amount will be added to your minimum payment amount which will be
due on the payment due date specified on that statement.
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C. Penalty Fees.
1. Late Payment Fee. The first time we do not receive a required minimum payment when due, we may charge a Late Payment Fee of the
minimum payment due or $27, whichever isless. If over the next six Billing Cycles, the minimum payment is not received when due, we
may charge a Late Payment Fee of the minimum payment due or $37, whichever is less.
2. Returned Payment Fee. We may charge you this fee each time your financial institution for any reason rejects a payment
you make to us, or if the payment cannot be processed. The first Returned Payment Fee will be equal to $27 or your minimum
payment due; whichever is less, even if your payment is eventually paid after a second presentment (if we elect to re-present
the payment). If over the next six Billing Cycles you incur an additional Returned Payment fees (for any of the reasons stated
above) the Returned Payment Fee may increase to $37, or your minimum payment due, whichever is less.
D. Other Fees. We may also charge the following fees, subject to any restrictions of applicable law.
1. Copy Fees. We may charge you a fee of up to $7 for each copy of a Statement or sales draft you request or up to $5 for each copy of a
payment check or written Access Device you request. However, we will not charge you for copies of documents that you request in
connection with a billing error/inquiry you may assert against us under applicable law.
2. Emergency Replacement Card Fee. If you request a replacement Card on an expedited basis (for example, to replace a lost or stolen
Card), we may charge you an Emergency Replacement Card Fee of up to $25.
3. Stop Payment Fee. If you ask us to stop payment on an Access Device, we may charge you a Stop Payment Fee of $39.
7. DEFAULT
A. Events of Default. Subject to restrictions of applicable law, you will be in default and we will not be obligated to honor any attempted
use of your Credit Card Account (even if we do not give you advance notice) if any of the following events occurs:
We do not receive any payment required by this Agreement when such payment is due.
You exceed any credit limit.
A levy is placed on the Collateral Account.
You are unwilling or unable to pay what you owe under this Agreement, for any reason.
You die, become insolvent, file for bankruptcy or otherwise become the subject of a bankruptcy petition or filing.
You give us false or misleading information at any time in connection with your Credit Card Account.
You send us more than one check or similar instrument that is returned to us unpaid or any automatic, electronic or other
payment on your Credit Card Account cannot be processed or is returned unpaid, for any reason, within the last six Billing
Cycles.
You breach or otherwise fail to comply with any term or condition of this Agreement.
We have reason to suspect that you may have engaged or participated in any unusual, suspicious, fraudulent or illegal activity on
your Credit Card Account or any other account or loan you have with us or our affiliates.
You do not give usany updating information about your finances, employment or any other information we may reasonably
request, promptly after our request.
B. Our Rights After Default. In the event of default, we may close your Credit Card Account, require you to pay the unpaid balance in full
or take any other action permitted by applicable law, including the application of fundsir your Collateral Accountt your outstanding Credit
Card Account balance pursuant to this Agreement.
C. Collection Costs. If we refer any past due amounts you owe under this Agreementto a collection agency or lawyer for collection, you
agree to pay us our reasonable costs of collection, including without limitation collection agency fees, court costs and attorneys' fees
actually incurred by us, to the fullest extent permitted by applicable law.
8. CLOSING YOUR CREDIT CARD & COLLATERAL ACCOUNT
A. We May Close Your Credit Card Account. Except where prohibited by applicable law, we may close your Credit Card Account to new
transactions at any time, for any reason including Account inactivity and/or lack of credit card usage for an extended period of time, and
without prior notice.
B. We may Close Your Collateral Account. You may not close your Collateral Account while your Credit Card Account is open. If your
Credit Card Account isclosed for any reason, we will release the holdson any remaining funds and you may access those fundsby coming
into a store. At such time the account will no longer be a Collateral Account. If after your Credit Card Accountis closed if you do not have
any account activity in your Collateral Account your account may be considered abandoned. See your Deposit Account Agreement for
details.
C. You May Ask Us to Close Your Credit Card Account. You may ask us to close your Credit Card Account to new transactions at any
time by notifying Customer Service in writing at P.O. Box 84037, Columbus, GA 31908-4037, by first class mail, postage prepaid, or
contacting usat 1-888-561-8861. If you request to close your Credit Card Account by phone, we may require a written notice from you.
D. After Your Credit Card Account is Closed. After your Credit Card Account isclosed, you still must pay us any unpaid amounts under
this Agreement. We will not be liable to you for any consequences resulting from closing your Credit Card Account. You agree to cut, tear or
otherwise deliberately damage all Cards and unused Access Devices in your possession or control to prevent unauthorized use by third
parties and, upon our request, return such Cards or Access Devices to us at P.O. Box 84037, Columbus, GA 31908-4037, by first class
mail, postage prepaid.
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9. CHANGING THIS AGREEMENT. We may change this Agreement, including (for example) changing the addresses and telephone
numbers you should use to contact us, changing fees, adding new fees, changing the Daily Periodic Rates and corresponding APRs or
increasing your required minimum payment. We may change this Agreement based on economic or market conditions, our business
strategies or for any other reason (including reasons unrelated to you or your Credit Card Account). Any changes we make to this
Agreement may apply to new transactions and/or then-existing balances as described in any notice we are required to provide to you. We
will notify you of changes to this
Agreement asrequired by applicable law. We will mail any required written notice to the address we have on file for your Credit Card
Account.
10. INFORMATION SHARING
A. Credit Information. We may review your credit history by obtaining information from consumer reporting agencies and others. We may
report information about your Credit Card Account to credit bureaus. Late payments, missed payments or other defaults on your Credit Card
Account may be reflected in your credit report.
B. How to Dispute Reports Regarding Your Credit Card Account. If you think the information we furnished to consumer reporting
agencieson your Credit Card Account isnot accurate please write to usat: P.O. Box 84037, Columbus, GA 31908-4037. With your letter,
please provide us with:
Your name, address and telephone number;
The Credit Card Account number(s) for the Credit Card Account(s) you are disputing; A description of the specific information you
are disputing and an explanation of the basis for your dispute; and
Copiesof documents that support your dispute. These could include (but are not limited to): a copy of your consumer report
showing the information that you are disputing, your Statements, a court order or (if applicable) a copy of a police report or fraud
or identity theft affidavit.
If you fail to provide us with the information listed above, we may be unable to investigate your dispute. We will notify you of the results of
our investigation within 30 days of receiving your dispute. A delay may be experienced if the dispute is not mailed to the address above. We
may take up to 45 days to investigate your dispute if, after providing us with your initial notice of dispute, you provide us with additional
information that is relevantto our investigation. If our investigation finds that the information you are disputing was inaccurate, we will notify
the consumer reporting agency of our determination and provide the consumer reporting agency with the information necessary to correct
the inaccuracy.
We will have no duty to investigate disputesth are substantially similar to a prior dispute that have responded or that relate to your
identifying information (such as your name, date of birth, Social Security number, telephone number or address), inquiries appearing on
your consumer report, information from public records (such as judgments, liens, or bankruptcies, unlessthese mattersrelate to your Credit
Card Account(s) with us), information related to fraud or active duty alerts your report, or information provided to the consumer reporting
agency from someone other than us. We will also have no duty to investigate your dispute if we reasonably believe it was submitted or
prepared by (or if you submitted it on a form provided by) a credit repair organization. If we determine that we will not investigate your
dispute for one of these (or some other) reasons we will notify you of that determination within five Business Days.
C. Telephone Monitoring and Recording. You consent to and authorize usand any of our affiliates, agents and marketing associates to
monitor and/or record any of your telephone conversations with any of our or their representatives for quality control, training and other
lawful purposes.
D. Telephone Numbers.
When you give us your mobile phone number, we have your permission to contact you at that number about all of your TD
Bank accounts. Your consent allows us to use text messaging, artificial or prerecorded voice messages and automatic dialing
technology for informational and account service calls, but not for telemarketing or sales calls. In may include contact from
companies working on our behalf to service your accounts. Message and data rates may apply. You may contact us anytime to
change these preferences.
E. Credit Card Account Benefits. We may offer you certain third-party benefits and services with your Credit Card Account, asoutlined in
benefits brochures or other documents and internet web sites. example, certain eligible purchases charged with a VISA® Platinum Card
may be eligible for certain benefits or services through VISA U.S.A. Inc. (or its affiliates). Any benefits or services we make available
through third parties (including without limitation VISA U.S.A. Inc.) are not a part of this Agreement, but are subject to the terms and
restrictions outlined in the applicable benefits brochures or other documents or internet web sites provided or made available to you from
time to time. You agree that we may give information about you and your Credit Card Account to any third party reasonably needing the
information to provide you with such benefits or services. You also agree that we or any third party providing any Credit Card Account-
related benefits or services may change, add, or delete benefits or services at any time without notice.
11. MISCELLANEOUS
A. Certain Waivers. You waive the right of "presentment" and "notice of dishonor." "Presentment" means the right to require us to demand
payment of amounts under this Agreement. "Notice of dishonor" means the right to require us to give notice to other persons, that
amounts due under this Agreement have not You also waive demand for payment, protest, notice of protest and all other notices
and demands, to the fullest extent permitted by applicable law.
B. Assignment. We may assign your Credit Card Account and our rights under this Agreementto our affiliates or to some other financial
institution or company without advance notice to you. That tentity will take our place in this Agreement if we do this. You may not assign or
transfer your Credit Card Account or any of your responsibilities under this Agreement to any other person.
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C. Evidence. You agree that we may use a copy, microfilm, microfiche or digital image of any Statement or other document to prove what
you owe us and that the copy, microfilm, microfiche or digital image will have the same validity as the original.
D. Captions and Interpretation. The captionsused in this Agreement are for convenience only. They do not affect the meaning of the
paragraphs in this Agreement. In this Agreement, use of the singular includes the plural and use of the plural includes the singular.
E. Severability. If any part of this Agreement is held to be invalid, the rest will remain in effect.
F. Delay in Enforcement/No Waiver. We may delay or waive enforcing any of our rights or remedies under this Agreement or under
applicable law withoutlosing any of those rights remedies. Even if we do not enforce our rights or remedies at any one time, we may
enforce them at a later time.
G. Entire Agreement. The Agreement sthe entire agreement between you and usrelating to your Credit Card Account. The Agreement
replacesany other agreement relating to your Credit Card Account that you and we made earlier or at the same time. In the event of
a
conflict between this Personal Credit Card Agreement and any other document (including the other documents that are collectively called
the Agreement), this Personal Credit Card Agreement will control unless otherwise expressly provided in the other document.
Your Billing Rights: Keep This Document For Future Use
This notice tells you about your rights and our responsibilities under the Fair Credit Billing Act.
What To Do If You Find a Mistake on Your Statement
If you think there is an error on your bill, write to us at:
TD Bank
P.O. Box 84037
Columbus, GA 31908-4037
In your letter, give us the following information:
Credit Card Account information: Your name and Credit Card Account number.
Dollar amount: The dollar amount of the suspected error.
Description of problem If you thinkthere an error on your bill, describe whatyou believe iswrong and why you believe it is a
mistake.
You must contact us:
Within 60 days after the error appeared on your bill.
At least 3 business days before an automated payment sscheduled, if you want to stop payment on the amount you think is
wrong.
You must notify usof any potential errors in writing. You may call us, but if you do we are not required to investigate any potential
errors and you may have to pay the amount in question.
What Will Happen After We Receive Your Letter
When we receive your letter, we must do two things:
1.
Within 30 days of receiving your letter, we must tell you that we received your letter. We will also tell you if we have already
corrected the error.
2.
Within 90 days of receiving your letter, we must either correct the error or explain to you why we believe the bill is correct.
While we investigate whether or not there has been an error:
We cannot try to collect the amount in question, or report you as delinquent on that amount.
The charge in question may remain on your bill, and we may continue to charge you interest on that amount.
While you do not have to pay the amount in question, you are responsible for the remainder of your balance.
We can apply any unpaid amount against your credit limit.
After we finish our investigation, one of two things will happen:
If we made a mistake: You will not haveto pay the amount in question or any interest or other fees related to that amount.
If we do not believe there was a mistake: You will have to pay the amount in question, along with applicable interest and fees.
We
will send you a statement of the amount you owe and the date payment sdue. We may then report you asdelinquentif you do not pay
the amount we think you owe.
If you receive our explanation but still believe your bill is wrong, you must write to us within 10 days telling us that you still refuse to
pay. If you do so, we cannot report you delinquent without also reporting that you are questioning your bill. We must tell you the name
of anyone to whom we reported you asdelinquent, and we must let those organizations know when the matter has been settled between
us.
If we do not follow all of the rulesabove, you do not have to pay the first $50.00 of the amount you question even if your bill is correct.
Your Rights If You Are Dissatisfied With Your Credit Card Purchases
If you are dissatisfied with the goodso services that you have purchased with a credit card, and you have tried in good faith to correct
the problem with the merchant, you may have the right not to pay the remaining amount due on the purchase.
To use this right, all of the following must be true:
1. The purchase must have been made in your home state or within 100 miles of your current mailing address, and the purchase price
must have been more than $50.00. (Note: Neither of these are necessary if your purchase was based on an advertisement we mailed to
you, or if we own the company that sold you the goods or services.)
2. You must have used your credit card for the purchase. Purchases made with cash advances from an ATM or with a check that
accesses your Credit Card Account do not qualify.
3. You must not yet have fully paid for the purchase.
If all of the criteria above are met and you are still dissatisfied with the purchase, contact us in writing at:
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9
TD Bank
P.O. Box 84037
Columbus, GA 31908-4037
While we investigate, the same rulesapply to the disputedamount as discussed above. After we finish our investigation, we
will tell you our decision. At that point, if we think you owe an amount and you do not pay, we may report you as delinquent.
Active Duty Serv ice Members and Dependents: The following important notice applies if you are an active duty service member or a
dependent of one at the time you request an Account. Federal law provides important protections to members of the Armed Forces and
their dependents relating to extensions of consumer credit. In general, the cost of consumer credit to a member of the Armed Forces and
his or her dependent may not exceed an annual percentage rate of 36 percent. This rate must include, as applicable to the credit
transaction or account: the costsassociated with credit insurance premiums; fees for ancillary products sold in connection with the credit
transaction; any application fee charged (other than certain application fees for specified credit transactions or accounts); and any
participation fee charged (other than certain participation feesfor a credit card account). If you would like more information regarding your
account, please call us at 1 - 877-488-3712.
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Interest Rate and Fee Schedule
The Interest Rate and Fee Schedule is incorporated into and made a part of your Personal Credit Card Agreement.
Please read and keep this Schedule with your Agreement for your records.
Interest Rates and Interest Charges
Annual Percentage Rate
24.49%,
based on your creditworthiness.
(APR) for Purchases:
All APRs will vary with the market based on the Prime Rate.
APR for Balance Transfers:
24.49%, based on your creditworthiness.
All APRs will vary with the market based on the Prime Rate.
26.74%
APR for Cash Advances:
This APR will vary with the market based on the Prime Rate.
How to Avoid Paying Interest
Your due date is at least 25 days after the close of each billing cycle.
on Purchases:
We will not charge you any interest on purchases if you pay your
entire balance by the due date each month.
Minimum Interest Charge:
If you are charged interest, the charge will be no less than $1.00.
For Credit Card Tips from the
To learn more about factors to consider when applying for or
Consumer Financial
using a credit card, visit the website of the Consumer Financial
Protection Bureau
Protection Bureau:
http://www.consumerfinance.gov/learnmore.
Fees
Annual Fee:
$29
Transaction Fees:
Balance Transfers
Either $5 or 3% of the amount of each transfer, whichever is greater.
Either $10 or 5% of the amount of each cash advance, whichever is
Cash Advances
greater.
Foreign Transactions
None
Penalty Fees:
Late Payment
Up to $37
Returned Payment
Up to $37
How We Will Calculate Your Balance: We use a method called "Average Daily Balance (including Current Transactions)." See your
account agreement for more details.
Billing Rights: Information about your rights to dispute transactions and how to exercise those rights sprovided in your account
agreement.
Margins:
For Purchases, 19.74% will be added to the Index
For Balance Transfers, 19.74% will be added to the Index
For Cash Advances, 21.99% will be added to the Index
The corresponding DAILY PERIODIC RATES asof May 01, 2018 are:
For Purchases, 0.0670959%
For Balance Transfers, 0.0670959%
For Cash Advances, 0.0732603%
Index: Prime Rate asof May 01, 2018 is 4.75%
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