1 

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, our and TD Bank mean TD Bank, N.A., a national bank with its 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 us for 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 equals your Credit Card Account credit limit in 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 days 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 is locked. The total amounts deposited and maintained in the Collateral Account at any time and any 
interest earned thereon shall be referred to as the “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. 

∗ VISA is a registered trademark and service mark of VISA International Service Association, and is used by TD Bank, N.A. pursuant to 
a license from VISA U.S.A. Inc. 

F03-U620-5-0118                                                                          

 
 
                                                                                                 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
                                                                                              2 

B.  Security  Agreement.    As  of  the  date  you  established  the  Collateral  Account  and  provided  the  Funds,  you  agree  as 
follows (terms not defined in this section 3.B. (the “Security Agreement”) have the same meaning that such terms have in 
the remainder of this Agreement): 

1. Collateral.  You understand and agree that you have provided Funds to 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  not  to  make  withdrawals  from  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 to 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  us  a  security 
interest  in  the  Funds  for  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 we request to perfect or protect the first lien position of our security interest in the 
Funds. 

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 records to 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 Account and will constitute 
proceeds securing your Obligations. 

6.  Default.    You  will  be  in  default  under  this  Security  Agreement  if  you  are  in  default  in  any  respect  as  defined  in  the 
Agreement, including failing to pay your Obligations at any time when due. Upon any such default, you hereby authorize 
us to withdraw Funds from the Collateral Account and to apply such amounts to 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 Funds towards any 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 to your 
Credit Card Account. If you have any outstanding Obligations after the Funds are 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 as pledged 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 “Deposit Account 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 Bank 
credit card automatically.  This means that your savings account that secured the credit card will be released so you will 
have access to 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. 

F03-U620-5-0118                                                                          

 
 
                                                                                                 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                                                              3 

4. USING YOUR CREDIT CARD ACCOUNT 

A. Credit Limit.  

1. General. Your initial credit limit is 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 goes over your credit 
limit, you agree to pay the overlimit amount when it is billed or sooner upon our request. 

2.  Limit  for  Cash  Advances.  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 limit that applies to 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 is honored for cash advances. For 
example,  your  Card  may  be  used  to  obtain  cash  advances  at  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 Account number. 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 Rates and 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 accounts from which we 
will allow you to transfer balances and the times, amounts, manner and circumstances in which balance transfers may be 
requested. The  minimum balance transfer amount is $250 (plus the Balance Transfer Transaction Fee).   See the Interest 
Rates and Fee Schedule on the card mailer for Balance Transfer fee details. 

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 Devices may not be used to pay any amount owed 
to us or 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 markets for the applicable central processing date (which may vary from 
the rate VISA U.S.A. Inc. itself receives) or the government-mandated rate in effect for 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 us at 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. 

F03-U620-5-0118                                                                          

 
 
                                                                                                 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                                                              4 

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 us or anyone else if your use of your 
Credit Card Account is denied 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 due 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 us promptly 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  online  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) 

(b) 

(c) 

The periodic interest charges for the Billing Cycle; plus 

The full amount of any transaction fees (such as Cash Advance, Balance Transfer and 
Foreign Transaction Fees) owed for the Billing Cycle; plus 

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  (this  is  a 
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. 

F03-U620-5-0118                                                                          

 
 
                                                                                                 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
  
                                                                                              5 

2. Making Payments. Payments may be made by mail, online, at a TD Bank store or over the phone. All payments must 
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 
on 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  payment  made  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 for that location.  

d. By Phone. You may pay by phone by calling 1-888-561-8861. A payment made 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 days in crediting a payment by mail if it is 
received  at  an  address  other  than  the  address  we  specify  for  payments  on  your  Statement  or  if  it  is  received 
without the 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) 
(ii) 

to Interest Charges and other fees; 
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; 
to transactions with the lowest Daily Periodic Rates and corresponding APRs.  

(ii) 

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 debt on your Credit Card Account that 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 we 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 

F03-U620-5-0118                                                                          

 
 
                                                                                                 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                                                              6 

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 think is 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 us three Business 
Days before the automatic payment is scheduled to occur.  

6. Electronic Check Conversion. When  you  send a check as payment,  you authorize us either to use information  from 
your check to make a one-time electronic fund transfer from your bank account or (at our option) to process the 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 us 
to reinitiate the electronic fund transfer from your bank account. 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 Devices. If any Card, Credit Card Account number 
or Access Device is lost or stolen, or if you think someone used or may use them without your permission, notify us AT 
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  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  and  corresponding  Daily  Periodic  Rates  for  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  and  APRs  on  different  Credit  Card  Account 
transactions (such as purchases, cash advances and balance transfers) or during special promotional periods.  

B. Variable Rates. Your APRs are 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 APRs may 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.  

F03-U620-5-0118                                                                          

 
 
                                                                                                 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                                                              7 

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. This gives us the daily balance. Then, we add up all the daily balances for the Billing Cycle and divide 
the  total  by  the  number  of  days  in  the  Billing  Cycle.  This  gives  us  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  has  an  Annual  Membership  Fee,  it  will  be  billed  each  year, 
whether  or  not  you  use  your  Credit  Card  Account.  The  amount  is  listed  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 and 
balance 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  as  shown  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.  

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  is  less.  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. 

F03-U620-5-0118                                                                          

 
 
                                                                                                 
 
 
 
 
 
 
 
 
 
 
 
   
   
 
 
                                                                                              8 

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 us any 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  funds  in  your 
Collateral Account to your outstanding Credit Card Account balance pursuant to this Agreement. 

C. Collection Costs. If we refer any past due amounts you owe under this Agreement to 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 is closed for any reason, we will release the holds on any remaining funds and you 
may access those funds by coming into a store.  At such time the account will no longer be a Collateral Account.  If after 
your Credit Card Account is 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  us  at  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  is  closed,  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 

F03-U620-5-0118                                                                          

 
 
                                                                                                 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                                                              9 

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. 

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 as required 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 agencies on your Credit Card Account is not accurate please write to us at: 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  

•  Copies  of  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 relevant to 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 disputes that are substantially similar to a prior dispute that we have responded to, 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,  unless  these  matters  relate  to  your  Credit  Card  Account(s)  with  us),  information  related  to  fraud  or  active 
duty alerts on 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  us  and  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,  as  outlined  in  benefits  brochures  or  other  documents  and  internet  web  sites.  For  example,  certain  eligible 

F03-U620-5-0118                                                                          

 
 
                                                                                                 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                                                              10 

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 due 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  been  paid.  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 Agreement to our affiliates or to some 
other financial institution or company without advance notice to you. That entity 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. 

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 captions used 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 without losing any of those rights or 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 is the entire agreement between you and us relating to your Credit Card Account. 
The Agreement replaces any 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 think there is an error on your bill, describe what you believe is wrong 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 is scheduled, if you want to stop payment on the amount 

you think is wrong. 

F03-U620-5-0118                                                                          

 
 
                                                                                                 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                                                              11 

You must notify us of 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: 
• 
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 is due.  We may then report 
you as delinquent if you do not pay the amount we think you owe. 

If we made a mistake:  You will not have to pay the amount in question or any interest or other fees related to 

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 as delinquent without also reporting that you are questioning 
your  bill.    We  must  tell  you  the  name  of  anyone  to  whom  we  reported  you  as  delinquent,  and  we  must  let  those 
organizations know when the matter has been settled between us.  

If we do not follow all of the rules above, 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 goods or 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: 
TD Bank 
P.O. Box 84037 
Columbus, GA 31908-4037 

While  we  investigate,  the  same  rules  apply  to  the  disputed  amount  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 Service 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 costs associated 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 fees for a credit card account). If you would like more information regarding your account, please call us at  
1- 877-488-3712. 

F03-U620-5-0118                                                                          

 
 
                                                                                                 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                                                              12 

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 Rate and Fee Schedule 

Interest Rates and Interest Charges  

Annual Percentage Rate (APR) 
for Purchases:  

APR for Balance Transfers:  

APR for Cash Advances:  

How to Avoid Paying Interest on 
Purchases:  

Minimum Interest Charge:  

For Credit Card Tips from the 
Consumer Financial Protection 
Bureau:  

24.24%, based on your creditworthiness.   
     All APRs will vary with the market based on the Prime Rate.      
24.24%, based on your creditworthiness.  
      All APRs will vary with the market based on the Prime Rate. 
26.49% 
      This APR will vary with the market based on the Prime Rate.  

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 month.  
If you are charged interest, the charge will be no less than $1.00. 

To learn more about factors to consider when applying for or using a 
credit card, visit the website of the Consumer Financial Protection 
Bureau at http://www.consumerfinance.gov/learnmore. 

Fees  
Annual Fee:  
Transaction Fees:  
• Balance Transfers  
• Cash Advances  
• Foreign Transactions 
Penalty Fees:  
• Late Payment  
• Returned Payment 

$29  

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 greater. 
None 

Up to $37 
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 is provided 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 as of January 23, 2018 are:  

For Purchases, 0.0664110% 
For Balance Transfers, 0.0664110% 
For Cash Advances, 0.0725753% 

      Index:   Prime Rate as of January 23, 2018 is 4.50%  

F03-U620-5-0118