1 

Credit Card Agreement 

1. INTRODUCTION. Your TD Bank VISA
 Card account (“Account”) is subject to this Credit Card 
Agreement,  including  the  Interest  Rate  and  Fee  Schedule  we  send  with  your  credit  card(s)  (“Card”) 
when  we  open  an  Account  for  you.  This  Personal  Credit  Card  Agreement,  the  Interest  Rate  and  Fee 
Schedule  and  the  application  or  solicitation  you  submitted  for  this  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 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.  Authorized  User  means  any  other 
person to whom you give permission to use your Account.   

A.  Account  Use  and  Acceptance.  By  accepting  your  Card  and  using  or  maintaining  your  Account,  or 
letting  someone  else  use  your  Card  or  your  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  or 
solicitation for this Account, including without limitation any electronic signature or oral acceptance of a 
telephone  offer,  your  Card  or  any  Account-related  document  represents  your  signature  on  this 
Agreement. 

You agree that you and each Authorized User will not use your Card or 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 Account, plus interest charges and all other fees and charges owed 
under  this  Agreement  (including  without  limitation  all  purchases  and  cash  advances  made  by  an 
Authorized User). 

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  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. USING YOUR ACCOUNT 

A. Credit Limit.  

1. General. Your initial credit limit is shown in the materials we send with your Card when we open an 
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 Account 
goes over your credit limit, you agree to pay the overlimit amount when it is billed or sooner upon our 
request. 

∗ 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. 

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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 Account.  

3. Changes to Credit Limit. In our discretion, at any time, we may change any credit limit that applies 
to your 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  (for  example,  “1111”)  or 
consecutive numbers. PINs should also not be based on or include your birth date, zip code or 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  Rate  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 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 Rate and Fee Schedule on the card 
mailer for Balance Transfer Transaction Fee details. 

4.  Access  Devices.  We  may  from  time  to  time  issue  additional  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  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 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. 

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 

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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 and each Authorized User agree that you have no legal 
claims  or  damages  against  us  or  anyone  else  if  your  use  of  your  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 
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  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 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  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 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 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  Account  by  applying  the  credit  balance 
towards new fees and charges posted to your Account. We do not pay any interest on credit balances.  

G. Payments. You may at any time pay off the full unpaid balance or part of the unpaid balance under 
this Agreement. 

1. Minimum Payment. If you have an outstanding balance, we must receive your minimum payment as 
set forth in section 2 "Making Payments" below. 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; or 

(b)  The minimum Interest Charge owed for the Billing Cycle; plus 

(c)  The  full  amount  of  the  Late  Payment  or  Returned  Payment  Fee  or  other 
applicable fees owed (excluding any Annual Membership, Cash Advance or 
Balance Transfer Fees). 

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 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.  

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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  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 Account as of the next Business Day. You agree to not give us any post-dated 
check as payment on your 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  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 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 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 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 Account as of the next Business Day.  From time to time, 
we may allow you to expedite a single payment to your Account from a designated bank account 
of yours by telephone 

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 Account.   

3. Application of Payments.  

a. Generally.  We will generally apply your minimum payment in the following order: 

(i) 
(ii) 

(iii) 

to Interest Charges and other fees; 
to  transactions  (purchases,  balance  transfers,  cash  advances)  with  the  lowest 
Daily Periodic Rates and corresponding APRs; 
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) 

(ii) 

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.  

4. Payments Marked “Paid in Full”.  Any check, money order or other instrument sent in payment on 
your  Account  marked  with  “paid  in  full”  or  similar  notation  to  settle  a  debt  on  your  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 Account does not mean that we have agreed to 
any special notations or instructions on or with the payment. 

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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  think  is  wrong.  To  stop  the  payment, 
write  to:  TD  Bank,  P.O.  Box  84037,  Columbus,  GA  31908-  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 and Authorized Users. 

1. Additional Cards. You may request additional Cards and permit Authorized Users to have access to 
your  Card  or  Account.  You  will  be  liable  for  all  Account  transactions  made  and  all  fees  incurred  by 
those Authorized Users (including without limitation interest charges). We may limit the total number of 
Cards and other Access Devices issued. 

2.  Revoking  Authorized  User’s  Authority.  To  revoke your permission  for  any person you  previously 
authorized  to  use  your  Card  or  Account,  notify  Customer  Service  at  P.O.  Box  84037,  Columbus,  GA 
31908-4037, by first class mail, postage prepaid, or call us at 1-888-561-8861. We reserve the right not 
to discontinue any Authorized User’s ability to use your Account until we have received the Authorized 
User’s  Card  and  any  unused  Access  Devices  in  the  possession  or  control  of  the  Authorized  User  (cut, 
torn, or otherwise deliberately damaged to prevent unauthorized use by third parties). You agree to send 
the Authorized User’s Card and any Access Devices to Customer Service, P.O. Box 84037, Columbus, 
GA  31908-4037  upon  our  request.  You  will  remain  responsible  for  all  Account  transactions  by 
Authorized Users until we discontinue the Authorized User’s authority to use your Account. 

If you ask us to revoke an Authorized  User’s ability to use your  Account, you agree that we  will  close 
the affected card(s) only to new transactions.  Your Account number will not change. If we do this, you 
must notify anyone you have authorized to submit and post charges to your Account using the affected 
card.  

I.  Lost  or  Stolen  Cards,  Account  Numbers  or  Access  Devices.  If  any  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  Account  to  new 
transactions, change your Account number(s) and issue you a new Card(s) and new Access Devices with 
different  Account  number(s)  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 Account of 
your new Account number(s). Do not use your 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 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 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 

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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  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 
Account, but not for more than $50. You won’t be liable for any unauthorized use of your Account 
that occurs after you notify us of the loss, theft or possible unauthorized use of your 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.  

4.  INTEREST CHARGES  

A. Annual Percentage Rates. Annual Percentage Rate or APR means the annual rate of interest charged 
on Account balances. The APRs and corresponding Daily Periodic Rates for your 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 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. The maximum rate for any variable APR is the applicable Margin plus the Index. 

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. 

(Average  Daily  Balance  Method 

E.  Balance  Calculation  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 figure the 
interest  charge  on  your  Account  by  applying  the  periodic  rate  to  the  “average  daily  balance”  of  your 
Account. To get the “average daily balance”, we take the beginning balance of your 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  Account  for  a  Billing  Cycle  are 
greater than zero but less than $1, the interest charge for that Billing Cycle will be $1.  

5. FEES. You agree to pay the fees described below whenever applicable.  

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A.  Annual  Membership  Fee.  If  your  Account  has  an  Annual  Membership  Fee,  it  will  be  billed  each 
year, whether or not you use your 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  Account  or  limit 
your right to make transactions on your 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. 

2.  Foreign  Transaction  Fee.    If  your  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.   

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. 

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. 

6.  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 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. 
•  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 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  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. 

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•  We have reason to suspect that you or any Authorized User may have engaged or participated in 
any  unusual, suspicious, fraudulent or illegal activity on your  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  Account,  require  you to  pay 
the unpaid balance in full or take any other action permitted by applicable law. 

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. 

7. CLOSING YOUR ACCOUNT 

A.  We  May  Close  Your  Account.  Except  where  prohibited  by  applicable  law,  we  may  close  your 
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.  You  May  Ask  Us  to  Close  Your  Account.  You  may  ask  us  to  close  your  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 Account by phone, we may require a written notice from you.  

C.  After  Your  Account  is  Closed.  After  your  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  Account.  You  agree  to  cut,  tear  or  otherwise  deliberately  damage  all  Cards  and  unused  Access 
Devices  in  your  or  any  Authorized  User’s  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. 

8.  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 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 Account. 

9. 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  Account  to  credit  bureaus.  Late 
payments, missed payments or other defaults on your Account may be reflected in your credit report. We 
may report Account information on Authorized Users. 

B.  How  to  Dispute  Reports  Regarding  Your  Account.  If  you  think  the  information  we  furnished  to 
consumer  reporting  agencies  on  your  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 Account number(s) for the 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. 

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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 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. Account Benefits. We may offer you certain third-party benefits and services with your Account, as 
outlined  in  benefits  brochures  or  other  documents  and  internet  web  sites.  For  example,  certain  eligible 
purchases  charged  with  a  VISA®  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,  any  Authorized  User,  and  your  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 
Account-related benefits or services may change, add, or delete benefits or services at any time without 
notice.  

10. 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 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  Account  or  any  of  your 
responsibilities under this Agreement to any other person. 

C.  No  Security.  Your  Account  is  unsecured.  We  are  not  taking  a  security  interest  in  any  property  in 
connection with your Account.  

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D.  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.  

E.  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.  

F. Severability. If any part of this Agreement is held to be invalid, the rest will remain in effect. 

G. 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.  

H.  Entire  Agreement.  The  Agreement  is  the  entire  agreement  between  you  and  us  relating  to  your 
Account. The Agreement replaces any other agreement relating to your 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. 

NJ RESIDENTS: Because certain provisions of this Agreement are subject to applicable laws, they may 
be void, unenforceable or inapplicable in some jurisdictions. None of these provisions, however, is void, 
unenforceable or inapplicable in New Jersey. 

Cardholder:   Your  name,  address  and  signature  (including any  electronic  or  digital  signature) 
and  the  date  on  any  application  or  solicitation  or  on  any  sales  slip  or  other  evidence  of 
indebtedness on your Account represents your name, address and signature and the date on this 
Agreement. 

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: 
•  Account information:  Your name and 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. 

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. 

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•  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 have to 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  is  due.    We  may  then  report  you  as  delinquent  if  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 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. 

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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 
(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:  

Fees  
Annual Fee:  
Transaction Fees:  

• Balance Transfers  

15.24%, 20.24% or 24.24%, based on your 
creditworthiness.   
     All APRs will vary with the market based on the Prime Rate.      
15.24%, 20.24% or 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. 

$95 Annual Fee (waived for the first year). 

Either $5 or 3% of the amount of each transfer, whichever is greater. 

• Cash Advances  

Either $10 or 5% of the amount of each cash advance, whichever is greater. 

• Foreign Transactions 
Penalty Fees:  
• Late Payment  
• Returned Payment 

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. 

Loss of Introductory APR:  If you are 60 days past due, you may lose your right to the offer and the APR will 
return to the APR for Balance Transfers as stated in the Interest Rates and Interest Charges Table which will be 
applied to all existing and new balances on the Account. 

Billing Rights:  Information about your rights to dispute transactions and how to exercise those rights is provided 
in your account agreement. 

Margins:   

 For Purchases, 10.74%, 15.74% or 19.74% will be added to the Index 
 For Balance Transfers, 10.74%, 15.74% or 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, 0.0417534%, 0.0554521% or 0.0664110% 
For Balance Transfers, 0.0417534%, 0.0554521% or 0.0664110% 
For Cash Advances, 0.0725753% 

Index: Prime Rate as of January 23, 2018 is 4.50%.  

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