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. 

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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. 

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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  

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months unless renewed in writing. Call or write us with your stop payment request as soon as possible after you have 
submitted the Access Device and give us information about the Access Device to help us identify it. 

If you ask us to stop payment, we will make reasonable efforts not to pay that Access Device. However, if we pay that  
Access Device despite these efforts, we will not be liable to you for paying that  Access Device. We may not be able to 
stop payment if you call or write us after we have started processing the Access Device. A Stop Payment Fee may apply. 

D. Refusal to Honor Your Card or Access Device. A merchant, business or financial institution may refuse to honor 
your Card or Access Device. You agree that you have no legal claims or damages against 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.  
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  Credit Card 
Account. 

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  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  

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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.  

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; 
to transactions with the highest Daily Periodic Rates and corresponding APRs. 

(iii) 

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. 

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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 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.  

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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.  

C. Introductory or Promotional APR. We may offer you an introductory or promotional APR for specific Credit Card 
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. If you are 60 days past due, you may lose your 
right to the offer and the rate may return to the rate for the specified type of transaction(s) as stated in this Agreement, 
which rate may be applied to all existing and new balances on your Credit Card Account.   

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.  

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C. 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 $25, 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 $35, whichever 
is less.  

D. Other Fees. We may also charge the following fees, subject to any restrictions of applicable law. 

1. Copy Fees. We may charge you a fee of up to $7 for each copy of a Statement or sales draft you request or up to $5 
for each copy of a payment check or written Access Device you request. However, we will not charge you for copies of 
documents that you request in connection with a billing error/inquiry you may assert against us under applicable law.  

2. Emergency Replacement Card Fee. If you request a replacement Card on an expedited basis (for example, to replace 
a lost or stolen Card), we may charge you an Emergency Replacement Card Fee of up to $25. 

3. Stop Payment Fee. If you ask us to stop payment on an Access Device, we may charge you a Stop Payment Fee of 
$39. 

7. DEFAULT 

A. Events of Default.  Subject to restrictions of applicable law, you will be in default and we will not be obligated to 
honor any attempted use of your Credit Card Account (even if we do not give you advance notice) if any of the following 
events occurs: 

  We do not receive any payment required by this Agreement when such payment is due. 
  You exceed any credit limit.  
  A levy is placed on the Collateral Account. 
  You are unwilling or unable to pay what you owe under this Agreement, for any reason.   
  You  die,  become  insolvent,  file  for  bankruptcy  or  otherwise  become  the  subject  of  a  bankruptcy  petition  or 

filing. 

  You give us false or misleading information at any time in connection with your Credit Card Account. 
  You  send  us  more  than  one  check  or  similar  instrument  that  is  returned  to  us  unpaid  or  any  automatic, 
electronic or other payment on  your  Credit Card  Account  cannot be processed or is returned unpaid, for any 
reason, within the last six Billing Cycles. 

  You breach or otherwise fail to comply with any term or condition of this Agreement. 
  We have reason to suspect that you may have engaged or participated in any unusual, suspicious, fraudulent or 
illegal activity on your Credit Card Account or any other account or loan you have with us or our affiliates. 
  You do not give  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 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.   

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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 
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. 

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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. If you give a cell phone number directly to us, you consent to and agree to accept collection 
calls to your cell phone from us and our agents. For any telephone or cell phone calls placed to you by us or our agents, 
you  consent  and  agree  that  those  calls  may  be  automatically  dialed  and/or  use  recorded  messages,  subject  to  any 
restrictions of applicable law. 

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 
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 

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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. 

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.   

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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 

 23.24% 
   This APR will vary with the market based on the Prime Rate. 

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  

• Cash Advances  

• Foreign Transactions 

Penalty Fees  

• Late Payment  

   23.24% 

   This APR will vary with the market based on the Prime Rate. 
 23.49% 
   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. 

$29  

Either $10 or 4% 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 $35 

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, 19.99% will be added to the Index 

The corresponding DAILY PERIODIC RATES as of January 4, 2016 are:  
                    For Purchases, 0.0636712% 

For Balance Transfers, 0.0636712% 
For Cash Advances, 0.0643562% 

      Index:   Prime Rate as of January 4, 2016 is 3.50%  

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