1 

     Personal Credit Card Agreement 

1.  INTRODUCTION. Your TD Bank VISA
 Card  account (“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  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-
877-GO-TD1ST (1-877-468-3178) if you have a First Class Visa Signature Card or 1-888-561-8861 for all other 
cards 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. 

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.  

∗ VISA is a registered trademark and service mark of VISA International Service Association, and is used by TD Bank, N.A. 
pursuant to a license from VISA U.S.A. Inc. 

  F03-T299-3 

 
 
 
 
 
 
   
 
 
 
 
 
 
  
 
 
 
                                                 
 
 
2 

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  1-877-GO-TD1ST  (1-877-468-3178)  if  you  have  a  First  Class  Visa 
Signature Card or at 1-888-561-8861 for all other cards. 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 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 1-877-GO-TD1ST 
(1-877-468-3178) if you have a First Class Visa Signature Card or at 1-888-561-8861 for all other cards.  If you 
call, you must confirm your request in writing within 14 days. A written stop payment request will remain in effect 
for six months unless renewed in writing. Call or write us with your stop payment request as soon as possible after 
you have submitted the Access Device and give us information about the Access Device to help us identify it. 

If you ask us to stop payment, we will make reasonable efforts not to pay that Access Device. However, if we pay 
that Access Device despite these efforts, we will not be liable to you for paying that Access Device. We may not be 
able to stop payment if you call or write us after we have started processing the Access Device. A Stop Payment 
Fee may apply. 

D. Refusal to Honor Your Card or Access Device. A merchant, business or financial institution  may refuse to 
honor your Card or Access Device. You 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. 

  F03-T299-3 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
3 

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-
877-GO-TD1ST (1-877-468-3178) if you have a First Class Visa Signature Card or at 1-888-561-8861 for all other 
cards.  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.  

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 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; or 

The Minimum Interest Charge owed for the Billing Cycle; plus 

The  full  amount  of  the  Late  Payment  Fee  or  other  applicable  fees  owed 
(excluding  any  Annual  Membership,  Cash  Advance,  Balance  Transfer  or 
Foreign Transaction 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,  Payment  Plus  credits  (if  you  have  a  Payment  Plus  Account),  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.  

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  

  F03-T299-3 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
4 

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 1-877-GO-TD1ST (1-877-468-3178) if you have a First 
Class  Visa  Signature  Card  or  at  1-888-561-8861  for  all  other  cards.  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) 

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 
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. 

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. 

  F03-T299-3 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
5 

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 1-877-GO-TD1ST (1-877-468-3178) if you have a First Class Visa Signature 
Card or 1-888-561-8861 for all other cards. 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. 

7. Payment Plus Credit.  If you have a Payment Plus Account, when we receive qualifying payments of at least 
5% of the New Balance on a Statement on or before the payment due date for that Statement, you will receive a 
Payment  Plus  credit.  If  you  pay  5%  to  9.99%  of  your  New  Balance,  the  credit  will  equal  25%  of  the  interest 
charged on your next Statement. If you pay 10% or more of your New Balance, the credit will equal 50% of the 
interest charged on your next Statement. Your Account must be open and in good standing to receive the Payment 
Plus credit. Qualifying payments do not include Payment Plus credits, other credits, adjustments, refunds or similar 
Account transactions. If your Account is in default, you are in a forbearance plan or charging privileges have been 
revoked, you will not receive a Payment Plus credit. 

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  1-877-GO-TD1ST  (1-877-468-3178)  if  you  have  a  First  Class  Visa 
Signature  Card  or  1-888-561-8861  for  all  other  cards.  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 1-877-GO-TD1ST (1-877-468-3178) if you have a First Class Visa Signature Card or 1-888-561-8861 for 
all other cards. 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. 

  F03-T299-3 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
6 

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 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. 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 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  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.  

  F03-T299-3 

 
 
 
 
 
 
 
 
 
 
 
 
 
7 

5. FEES. You agree to pay the fees described below whenever applicable.  

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. 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. 

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. 
•  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. 

  F03-T299-3 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
8 

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 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 1-877-GO-TD1ST (1-877-468-3178) if you have a First Class Visa Signature 
Card or at 1-888-561-8861 for all other cards. 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. 

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  

  F03-T299-3 

 
 
 
 
 
 
 
 
 
 
 
 
 
    
 
 
 
9 

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.  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. 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.  

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. 

  F03-T299-3 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
10 

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. 
•  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. 

  F03-T299-3 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
11 

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.   

  F03-T299-3 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
              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. 

12 

Interest Rate and Fee Schedule 

Interest Rates and Interest Charges  
Annual Percentage Rate 
(APR) for Purchases:  

APR for Balance 
Transfers1:  
APR for Cash Advances2:  

How to Avoid Paying 
Interest on Purchases4:  

Minimum Interest Charge:  
For Credit Card Tips from 
the Consumer Financial 
Protection Bureau:  

13.99%, 18.99%, 22.99%, based on your 
creditworthiness.   
     All APRs will vary with the market based on the Prime Rate.      
13.99%, 18.99%, 22.99%, based on your creditworthiness.  
      All APRs will vary with the market based on the Prime Rate. 

23.24% 
      This APR will vary with the market based on the Prime Rate.  
Your due date is at least 25 days after the close of each billing 
cycle. We will not charge you any interest on purchases if you 
pay your entire balance by the due date each month.  
If you are charged interest, the charge will be no less than $1.00. 
To learn more about factors to consider when applying 
for or using a credit card, visit the website of the 
Consumer Financial Protection Bureau at 
http://www.consumerfinance.gov/learnmore. 

Fees  
Annual Fee:  
Transaction Fees:  
• Balance Transfers1  

• Cash Advances2  

• Foreign Transactions3 
Penalty Fees:  

$95 Annual Fee (waived for the first year). 

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. 
3% of each transaction in U.S. dollars.  

• Late Payment  

  Up to $35  

•  First Occurrence $25 
•  Second Occurrence in 6 months $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. 

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, 19.99% will be added to the Index 

The corresponding DAILY PERIODIC RATES as of December 1, 2014 are:  
For Purchases, 0.0383287%, 0.0520273% and 0.0629863% 
For Balance Transfers, 0.0383287%, 0.0520273% and 0.0629863% 
For Cash Advances, 0.0636712% 

Index:   

Prime Rate as of December 1, 2014 is 3.25%  

  F03-T299-3