1 

Credit Card Agreement 

1.  INTRODUCTION.  Your  TD  Bank  VISA®∗  Card  account  (“Account”)  is  subject  to  this  Credit  Card  Agreement,  including  the 
Interest Rate and Fee Schedule we send with your credit card(s) (“Card”) when we open an Account for you. This Personal Credit 
Card Agreement, the Interest Rate and Fee Schedule and the application or solicitation you submitted for this Account are all a part 
of and collectively referred to as the “Agreement.” Please read and keep this Agreement for your records.  

You,  your  and  yours  mean  each  person  who  applied  for  the  Account  and  the  person  to  whom  we  direct  billing  statements 
(“Statements”). We, us, our and TD Bank mean TD Bank, N.A., a national bank with its main office located in Delaware, and its 
successors and assigns. Authorized User means any other person to whom you give permission to use your Account.   

A. Account Use and Acceptance. By accepting your Card and using or maintaining your Account, or letting someone else use 
your  Card  or  your Account,  you  agree  to  all  of  the  terms  of  this Agreement.  You  acknowledge  that  you  received  a  copy  of  this 
Agreement. Your signature on your application or solicitation for this Account, including without limitation any electronic signature or 
oral acceptance of a telephone offer, your Card or any Account-related document represents your signature on this Agreement. 

You agree that you and each Authorized User will not use your Card or Account for any unlawful or illegal purposes. Such 
transactions include, but are not limited to, online gambling transactions, the purchase of lottery tickets or casino chips 
or off-track betting and wagering. We reserve the right to block all such transactions. If any such charge or transaction is 
approved and processed, you will still be liable for the charge. 

B. Promise to Pay. You promise to pay us for all purchases, balance transfers and cash advances resulting from the use of your 
Card or Account, plus interest charges and all other fees and charges owed under this Agreement (including without limitation all 
purchases and cash advances made by an Authorized User). 

2.  GOVERNING  LAW.  Applicable  federal  law  and  the  substantive  laws  of  the  State  of  Delaware  (to  the  extent  not 
preempted by federal law) without regard to principles of conflicts of law or choice of law shall govern this Agreement. To 
the extent any court determines that this Agreement is subject to Maryland law concerning credit, you and TD Bank agree 
that your Account is governed by Title 12, Subtitle 9 of the Commercial Law Article of the Annotated Code of Maryland, 
except as preempted by federal law. 

3. USING YOUR ACCOUNT 

A. Credit Limit.  

1. General. Your initial credit limit is shown in the materials we send with your Card when we open an Account for you. Your current 
credit limit will be shown on each Statement. You also may telephone Customer Service at 1-888-561-8861 for your current credit 
limit. You agree to not go over your credit limit. We may permit you to go over your credit limit, but we are not required to do so. If 
your Account goes over your credit limit, you agree to pay the overlimit amount when it is billed or sooner upon our request. 
2. Limit for Cash Advances. We may set a credit limit for the total dollar amount of cash advances that may be outstanding from 
time to time that is lower than the overall credit limit for your Account.  

3. Changes to Credit Limit. In our discretion, at any time, we may change any credit limit that applies to your Account. We will 
notify you if we change any credit limit. You may ask us to change your credit limit by contacting Customer Service at P.O. Box 
84037, Columbus, GA 31908-4037, by first class mail, postage prepaid, or by telephoning Customer Service at 1-888-561-8861. 
We do not have to agree to any such request.   

B. Types of Transactions. 

1. Purchases. You may use your Card to pay for the purchase or lease of goods or services wherever your Card is honored. If you 
use  your  Card  to  purchase  or  lease  goods  or  services  by  telephone,  mail  or  internet,  you  agree  that  your  signature  is  not 
necessary as identification in such cases.  

2.  Cash  Advances.  You  may  use  your  Card  to  obtain  cash  advances  wherever  your  Card  is  honored  for  cash  advances.  For 
example,  your  Card  may  be  used  to  obtain  cash  advances  at  ATMs  displaying  the  VISA  logo  and  from  participating  financial 
institutions  honoring  VISA  credit  cards.  You  may  be  required  to  sign  a  special  form  and/or  provide  your  personal  identification 
number (PIN). Please select a PIN that is not easily identifiable and does not consist of one single number (for example, “1111”) or 
consecutive  numbers. PINs  should  also  not  be  based  on  or  include  your  birth  date,  zip  code  or Account  number.  Please  do  not 
write your PIN on your Card and do not keep your PIN with or near your Card or any Access Device.  See the Interest Rate and 
Fee Schedule on the card mailer for Cash Advance fee details.  

3. Balance Transfers. We may allow you to transfer balances from other credit card accounts with third parties (but not us or our 

∗ 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-T299-3-1218 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
  
 
 
 
 
 
 
 
                                                 
 
2 

affiliates) to your Account. We may limit the number and types of credit card accounts from which we will allow you to transfer 
balances  and  the  times,  amounts,  manner  and  circumstances  in  which  Balance  Transfers  may  be  requested.  The  minimum 
Balance Transfer amount is $250 (plus the Balance Transfer Transaction Fee). See the Interest Rate and Fee Schedule on the 
card mailer for Balance Transfer Transaction Fee details. 

4. Access Devices. We may from time to time issue additional Account access devices (“Access Devices”). Access Devices may 
include, for example, special checks you may use to obtain cash advances or oral offers or written forms by which you may request 
balance transfers. Each Access Device must be in the form we issue and must be used according to the instructions we give you. 
We may refuse to process Access Devices received after any applicable expiration date. We will not return paid Access Devices to 
you. Access Devices may not be used to pay any amount owed to us or our affiliates. We will not certify any Access Device. You 
may not post-date any Access Device. We may refuse to process a post-dated Access Device or process it before the date on the 
Access Device. 

5. Foreign Transactions. If you use your Account to make a purchase or cash advance in a foreign currency, the transaction will 
be converted to U.S. Dollars based on a rate selected by VISA U.S.A. Inc. (or any of its affiliates) from the range of rates available 
in  wholesale  currency  markets  for  the  applicable  central  processing  date  (which  may  vary  from  the  rate  VISA  U.S.A.  Inc.  itself 
receives) or the government-mandated rate in effect for the applicable central processing date. The currency conversion rate used 
by VISA U.S.A. Inc. (or any of its affiliates) on the currency conversion date may differ from the exchange rate in effect on the day 
you made the transaction or on the day the transaction is posted to your Account. 

C. Stop Payment. If you want us to stop payment on an Access Device, notify Customer Service immediately at P.O. Box 84037, 
Columbus, GA 31908-4037, by first class mail, postage prepaid, or call us at 1-888-561-8861.  If you call, you must confirm your 
request in writing within 14 days. A written stop payment request will remain in effect for six months unless renewed in writing. Call 
or  write  us  with  your  stop  payment  request  as  soon  as  possible  after  you  have  submitted  the  Access  Device  and  give  us 
information about the Access Device to help us identify it. 

If  you  ask  us  to  stop  payment,  we  will  make  reasonable  efforts  not  to  pay  that Access  Device.  However,  if  we  pay  that Access 
Device despite these efforts, we will not be liable to you for paying that Access Device. We may not be able to stop payment if you 
call or write us after we have started processing the Access Device. A Stop Payment Fee may apply. 

D. Refusal to Honor Your Card or Access Device. A merchant, business or financial institution may refuse to honor your Card or 
Access Device. You and each Authorized User agree that you have no legal claims or damages against us or anyone else if your 
use of your Account is denied by any merchant, business or financial institution. 

E. Statements. 

1.  General.  At  the  end  of  each  monthly  billing  cycle  (“Billing  Cycle”),  if  there  was  activity  on  your Account,  we  will  send  you  a 
Statement  showing  what  you  owe  (the  “New  Balance”)  as  of  the  end  of  the  Billing  Cycle.  The  Statement  will  show  any  interest 
charges  you  owe,  the  minimum  payment  due,  the  payment  due  date,  your  current  credit  limit,  an  itemized  list  of  fees,  charges, 
payments and credits posted to your Account during the Billing Cycle and other important information. We will mail or deliver the 
Statement to the address we have on file for your Account.  

2. Change of Address. You must notify us promptly of any change in your address by contacting Customer Service at P.O. Box 
84037, Columbus, GA 31908-4037, by first class mail, postage prepaid, or by calling us at 1-888-561-8861. We may accept mailing 
address corrections from the United States Postal Service. You may also update your address online via tdcardservices.com. Until 
we receive, process and verify your new address, we will continue to send Statements and other notices to the last address we 
have on file for your Account (which may be a correction from the United States Postal Service).  

F. Credit Balance. We will make a good faith effort to return to you any credit balance that has been on your Account longer than 
six consecutive Billing Cycles (or, in our discretion, for a shorter time period). You may also request a refund of a credit balance on 
your Account  at  any  time  by  sending  your  request  to  Customer  Service  at  P.O.  Box  84037,  Columbus,  GA  31908-4037,  by  first 
class  mail,  postage  prepaid. We  may  reduce  the  amount  of  any  credit  balance  on  your Account  by  applying  the  credit  balance 
towards new fees and charges posted to your Account. We do not pay any interest on credit balances.  

G. Payments. You may at any time pay off the full unpaid balance or part of the unpaid balance under this Agreement. 

1.  Minimum  Payment.  If  you  have  an  outstanding  balance,  we  must  receive  your  minimum  payment  as  set  forth  in  section  2 
"Making Payments" below. The minimum payment will be the greater of 

(i) 

(ii) 

$35, or  

One percent (1%) of the New Balance plus: 

(a)  The periodic interest charges for the Billing Cycle; or 

(b)  The minimum Interest Charge owed for the Billing Cycle; plus 

(c)  The  full  amount  of the  Late Payment  or  Returned  Payment Fee  or  other  applicable fees  owed 

(excluding any Annual Membership, Cash Advance or Balance Transfer Fees). 

In addition, any past due minimum payment amounts will be added to your current minimum payment due. 

If your New Balance is less than $35, your minimum payment will equal your New Balance.   

Credits, adjustments, refunds, prepayments and similar Account transactions may not be used in place of payment of any portion 
of a required minimum payment. You may pay more than the minimum payment due (this is a prepayment) without any penalty. 

  F03-T299-3-1218 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
3 

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 Account as of the date received if we receive it by 5 p.m. Eastern Time on a Business Day. A properly addressed 
payment with the payment stub received after 5 p.m. Eastern Time or on a day that is not a Business Day will be credited 
to  your  Account  as  of  the  next  Business  Day.  You  agree  to  not  give  us  any  post-dated  check  as  payment  on  your 
Account. If the payment due date falls on a day on which we do not receive or accept payments, the payment will not be 
treated as late if received the next Business Day.  

b. Online. You may pay online by logging in to our website. A payment made online will be credited to your Account as of 
the  date  received  if  we  receive  it  by  5  p.m.  Eastern Time  on  a  Business  Day.  Online  payments  received  after  5  p.m. 
Eastern Time or on a day that is not a Business Day will be credited to your Account as of the next Business Day.   

c. At  TD  Bank Stores. You may make  a  payment  in  person  to  one  of  our  employees  at  a TD Bank store. A  payment 
made at a TD Bank store will be credited to your Account as of the date received if we receive it by the close of business 
for that location.  

d.  By  Phone.  You  may  pay  by  phone  by  calling  1-888-561-8861. A  payment  made  by  phone  will  be  credited  to  your 
Account as of the date received if we receive it by 5 p.m. Eastern Time on a Business Day. Phone payments received 
after 5 p.m. Eastern Time or on a day that is not a Business Day will be credited to your Account as of the next Business 
Day.    From  time  to  time,  we  may  allow  you  to  expedite  a  single  payment  to  your  Account  from  a  designated  bank 
account of yours by telephone 

e.  Delay  in  Crediting  and  Available  Credit.  We  may  reject  or  delay  crediting  payments  that  do  not  follow  the 
instructions above. For example, there may be a delay of up to five days in crediting a payment by mail if it is received at 
an address other than the address we specify for payments on your Statement or if it is received without the required 
payment  stub.  Your  available  credit  limit(s)  may  not  reflect  the  payment  for  up  to  15  days  after  we  have  credited  a 
payment to your Account.   

3. Application of Payments.  

a. Generally.  We will generally apply your minimum payment in the following order: 

(i) 
(ii) 

(iii) 

to Interest Charges and other fees; 
to transactions (purchases, balance transfers, cash advances) with the lowest Daily Periodic Rates 
and corresponding APRs; 
to transactions with the highest Daily Periodic Rates and corresponding APRs. 

b. Application of Payments in Excess of Minimum Payment.  We will generally apply your payments and credits in 
excess of the minimum payment in the following order: 

(i) 

(ii) 

to transactions (purchases, balance transfers, cash advances) with the highest Daily Periodic Rates 
and corresponding APRs; 
to transactions with the lowest Daily Periodic Rates and corresponding APRs.  

4. Payments Marked “Paid in Full”.  Any check, money order or other instrument sent in payment on your Account marked with 
“paid in full” or similar notation to settle a debt on your Account that is reasonably in dispute (and any accompanying letter or other 
instructions) must be sent to: TD Bank, P.O. Box 16027, Lewiston, ME  04243-9513, Attention: Customer Service. If such payment 
is sent to any other address, you agree that (i) we may ignore any special notations or instructions on or with the payment and (ii) 
our crediting any such payment to your Account does not mean that we have agreed to any special notations or instructions on or 
with the payment. 

5. Automatic Payments. We may  allow  you  to  repay  amounts  owed  under  this Agreement  through  automatic  payments  from  a 
savings or checking account. We may terminate our permission to make automatic payments at any time. If we allow automatic 
payments,  no  automatic  payment  will  occur  unless  the  savings  or  checking  account  has  sufficient  collected  funds  in  it  on  the 
Business Day before the payment due date to cover the full amount of the minimum payment due (or any larger monthly payment 
you  and  we  may  agree  to  from  time  to  time).  If  an  automatic  payment  does  not  occur  for  any  reason,  you  still  must  pay  the 
minimum payment and a Late Payment or Returned Payment Fee may apply. 

If you have authorized us to pay your credit card bill automatically from your checking or savings account with us, you can stop the 
payment on any amount you think is wrong. To stop the payment, write to: TD Bank, P.O. Box 84037, Columbus, GA 31908- or call 
1-888-561-8861.  To  stop  the  payment,  your  letter  or  telephone  call  must  reach  us  three  Business  Days  before  the  automatic 
payment is scheduled to occur.  

6.  Electronic  Check  Conversion.  When  you  send  a  check  as  payment,  you  authorize  us  either  to  use  information  from  your 
check to make a one-time electronic fund transfer from your bank account or (at our option) to process the payment as a check 
transaction. When  we  use  information  from  your  check  to  make  an  electronic  fund  transfer,  funds  may  be  withdrawn  from  your 
bank account on the same day we receive your payment, and you will not receive your check back from your financial institution. If 
we cannot process the electronic fund transfer, or if it is returned to us, you authorize us to reinitiate the electronic fund transfer 
from  your  bank  account.  Alternatively,  we  may  (at  our  option)  present  the  original  check,  a  substitute  check,  draft  or  similar 
negotiable instrument to obtain payment. If you have questions about electronic check conversion, you may telephone us at 1-888-
561-8861. 

  F03-T299-3-1218 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
4 

H. Additional Cards and Authorized Users. 

1. Additional Cards. You may request additional Cards and permit Authorized Users to have access to your Card or Account. You 
will be liable for all Account transactions made and all fees incurred by those Authorized Users (including without limitation interest 
charges). We may limit the total number of Cards and other Access Devices issued. 

2. Revoking Authorized User’s Authority. To revoke your permission for any person you previously authorized to use your Card 
or Account, notify Customer Service at P.O. Box 84037, Columbus, GA 31908-4037, by first class mail, postage prepaid, or call us 
at  1-888-561-8861.  We  reserve  the  right  not  to  discontinue  any  Authorized  User’s  ability  to  use  your  Account  until  we  have 
received the Authorized User’s Card and any unused Access Devices in the possession or control of the Authorized User (cut, torn, 
or  otherwise  deliberately  damaged  to  prevent  unauthorized  use  by  third  parties). You  agree to  send  the Authorized  User’s  Card 
and  any Access  Devices  to  Customer  Service,  P.O.  Box  84037,  Columbus,  GA  31908-4037  upon  our  request.  You  will  remain 
responsible  for  all  Account  transactions  by  Authorized  Users  until  we  discontinue  the  Authorized  User’s  authority  to  use  your 
Account. 

If you ask us to revoke an Authorized User’s ability to use your Account, you agree that we will close the affected card(s) only to 
new transactions.  Your Account number will not change. If we do this, you must notify anyone you have authorized to submit and 
post charges to your Account using the affected card.  

I. Lost or Stolen Cards, Account Numbers or Access Devices. If any Card, Account number or Access Device is lost or stolen, 
or if you think someone used or may use them without your permission, notify us AT ONCE by calling 1-888-561-8861. You agree 
that  we  may  close  your Account  to  new  transactions,  change  your  Account  number(s)  and  issue  you  a  new  Card(s)  and  new 
Access Devices with different Account number(s) if we have been notified of the possible loss, theft or unauthorized use. If we do 
this, you must notify anyone you have authorized to submit and post charges to your Account of your new Account number(s). Do 
not use your Card, Account number or Access Device after you notify us, even if your Card or other Access Device is later found or 
returned. 

Under VISA U.S.A.’s “Zero Liability Policy” you may not be liable for the unauthorized use of your Account or Card that 
results  in  a  fraudulent  transaction  made  over  the  VISA  network.  To  be  eligible,  you  must  notify  us  immediately  of  any 
unauthorized  use  of  your  Account  or  Card. We  will  provisionally  credit  you  for  losses  from  the  unauthorized  Card  use 
within  five  Business  Days  of  your  notification  to  us  of  the  loss.  The  VISA  Zero  Liability  Policy  does  not  apply  to 
transactions made at an ATM or to any transactions made using your PIN that are not processed by VISA. We may impose 
greater liability, or withhold, delay, limit or rescind any provisional credit that we provide to you under the Zero Liability 
Policy,  based  on  factors  such  as  your  gross  negligence  or  fraud,  your  delay  in  reporting  unauthorized  use,  our 
investigation and verification of  your claim,  your Account standing and history and other factors. If  you are not eligible 
for the VISA Zero Liability Policy or it otherwise does not apply, you may be liable for unauthorized use of your Account, 
but not for more than $50. You won’t be liable for any unauthorized use of your Account that occurs after you notify us of 
the  loss,  theft  or  possible  unauthorized  use  of  your  Card,  Account  number  or  Access  Device.  We  may  require  you  to 
provide  certain information  in writing  to help us  find  out what  happened. You  also must identify  for  us  any  charges  on 
your Statement that were not made by you or someone authorized by you and from which you received no benefit.  

4.  INTEREST CHARGES  

A. Annual Percentage Rates. Annual Percentage Rate or APR means the annual rate of interest charged on Account balances. 
The APRs and corresponding Daily Periodic Rates for your Account are listed in the Interest Rate and Fee Schedule. To get the 
Daily Periodic Rate, we divide the APR by 365 and round at the seventh place after the decimal point. We may charge different 
Daily  Periodic  Rates  and APRs  on  different Account transactions  (such  as  purchases, cash  advances  and  balance transfers)  or 
during special promotional periods.  

B.  Variable  Rates.  Your APRs  are  subject  to  change  each  Billing  Cycle  and  are  determined  each  Billing  Cycle  by  adding  the 
Margins  listed  in  the  Interest  Rate  and  Fee  Schedule  to  the  Index.  The  Index  is  the  Prime  Rate  (U.S.)  published  in  the  Money 
Rates section  of The Wall Street Journal. Your APRs may increase  if the  Index  increases.  If  any APR  increases, the  amount  of 
interest charged and your minimum payment may increase. Any change in the APRs will take effect on the first day of the Billing 
Cycle  in  which  a change to the Index  occurs. When  a  range  of  rates  has  been  published  on  the  day  we  calculate  the APR,  the 
highest of the rates will be used.  If this Index is no longer available we will select a new one. The maximum rate for any variable 
APR is the applicable Margin plus the Index. 

C.  Introductory  or  Promotional APR. We  may  offer  you  an  introductory  or  promotional APR  for  specific Account  transactions, 
such as balance transfers. Any introductory or promotional APR offer will be subject to the terms of the offer and this Agreement. 
Upon the expiration of an introductory or promotional APR, the rate will return to the rate for the specified type of transaction(s) as 
stated in this Agreement.  

D. When Interest Charges Begin. Your due date is at least 25 days after the close of each Billing Cycle. We will not charge you 
any interest on purchases if you pay your entire balance by the due date each Billing Cycle.  Interest charges as a result of the loss 
of a grace period will not be charged if those interest charges are based on any portion of a balance subject to the grace period 
that was repaid prior to the expiration of the grace period.  We will begin charging interest on cash advances and balance transfers 
on the transaction date.  There is no time period in which you may repay a cash advance or balance transfer and avoid imposition 
of an interest charge. 

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 

  F03-T299-3-1218 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
5 

balances  for  the  Billing  Cycle  and  divide  the  total  by  the  number  of  days  in  the  Billing  Cycle.  This  gives  us  the  “average  daily 
balance”. We compound (charge interest on) unpaid interest charges and unpaid fees. 

F. Minimum Interest Charge. If the total interest charges on your Account for a Billing Cycle are greater than zero but less than 
$1, the interest charge for that Billing Cycle will be $1.  

5. FEES. You agree to pay the fees described below whenever applicable.  

A. Annual Membership Fee. If your Account has an Annual Membership Fee, it will be billed each year, whether or not you use 
your Account. The amount is listed in the Interest Rate and Fee Schedule. Your payment of the Annual Membership Fee does not 
affect our right to close your Account or limit your right to make transactions on your Account.  

B. Cash Advance and Balance Transfer Transaction Fees.  

1. Cash Advance and Balance Transfer Transaction Fees. We will charge a transaction fee on each cash advance and balance 
transfer you obtain in the amounts shown in the Interest Rate and Fee Schedule. 

2. Foreign Transaction Fee.  If your Account has a Foreign Transaction Fee, we may impose a fee equal to a certain percentage 
of the U.S. Dollar amount of a foreign transaction as shown in the Interest Rate and Fee Schedule.   

C. Penalty Fees. 

1.  Late Payment Fee. The first time we do not receive a required minimum payment when due, we may charge a Late Payment 
Fee  of  the  minimum  payment  due  or  $27,  whichever  is  less.    If  over  the  next  six  Billing  Cycles,  the  minimum  payment  is  not 
received when due, we may charge a Late Payment Fee of the minimum payment due or $37, whichever is less.  

2. Returned Payment Fee. We may charge you this fee each time your financial institution for any reason rejects a payment you 
make  to  us,  or  if  the  payment  cannot  be  processed.    The  first  Returned  Payment  Fee  will  be  equal  to  $27  or  your  minimum 
payment due; whichever is less, even if your payment is eventually paid after a second presentment (if we elect to re-present the 
payment). If over the next six Billing Cycles you incur an additional Returned Payment fees (for any of the reasons stated above) 
the Returned Payment Fee may increase to $37, or your minimum payment due, whichever is less.    

D. Other Fees. We may also charge the following fees, subject to any restrictions of applicable law. 

1. Copy Fees. We may charge you a fee of up to $7 for each copy of a Statement or sales draft you request or up to $5 for each 
copy of a payment check or written Access Device you request. However, we will not charge you for copies of documents that you 
request in connection with a billing error/inquiry you may assert against us under applicable law.  

2. Emergency Replacement Card Fee. If you request a replacement Card on an expedited basis (for example, to replace a lost or 
stolen Card), we may charge you an Emergency Replacement Card Fee of up to $25. 

3. Stop Payment Fee. If you ask us to stop payment on an Access Device, we may charge you a Stop Payment Fee of $39. 

6.  DEFAULT 

A.  Events  of  Default.   Subject  to  restrictions  of  applicable  law,  you  will  be  in  default  and  we  will  not  be  obligated to  honor  any 
attempted use of your Account (even if we do not give you advance notice) if any of the following events occurs: 

•  We do not receive any payment required by this Agreement when such payment is due. 
• 
• 
• 
• 
• 

You exceed any credit limit. 
You are unwilling or unable to pay what you owe under this Agreement, for any reason.   
You die, become insolvent, file for bankruptcy or otherwise become the subject of a bankruptcy petition or filing. 
You give us false or misleading information at any time in connection with your Account. 
You  send  us  more  than  one  check  or  similar  instrument  that  is  returned  to  us  unpaid  or  any  automatic,  electronic  or 
other  payment  on  your Account  cannot  be  processed  or  is  returned  unpaid,  for  any  reason,  within  the  last  six  Billing 
Cycles. 
You breach or otherwise fail to comply with any term or condition of this Agreement. 

• 
•  We  have  reason  to  suspect  that  you  or  any  Authorized  User  may  have  engaged  or  participated  in  any  unusual, 

• 

suspicious, fraudulent or illegal activity on your Account or any other account or loan you have with us or our affiliates. 
You  do  not  give  us  any  updating  information  about  your  finances,  employment  or  any  other  information  we  may 
reasonably request, promptly after our request. 

B. Our Rights After Default. In the event of default, we may close your Account, require you to pay the unpaid balance in full or 
take any other action permitted by applicable law. 

C.  Collection  Costs.  If  we  refer  any  past  due  amounts  you  owe  under  this  Agreement  to  a  collection  agency  or  lawyer  for 
collection, you agree to pay us our reasonable costs of collection, including without limitation collection agency fees, court costs 
and attorneys’ fees actually incurred by us, to the fullest extent permitted by applicable law. 

7. CLOSING YOUR ACCOUNT 

A. We May Close Your Account. Except where prohibited by applicable law, we may close your Account to new transactions at 
any time, for any reason including Account inactivity and/or lack of credit card usage for an extended period of time, and without 
prior notice.  

  F03-T299-3-1218 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
6 

B. You May Ask Us to Close Your Account. You may ask us to close your Account to new transactions at any time by notifying 
Customer Service in writing at P.O. Box 84037, Columbus, GA 31908-4037, by first class mail, postage prepaid, or contacting us at 
1-888-561-8861. If you request to close your Account by phone, we may require a written notice from you.  

C. After Your Account is Closed. After your Account is closed, you still must pay us any unpaid amounts under this Agreement. 
We  will  not  be  liable  to  you  for  any  consequences  resulting  from  closing  your  Account.  You  agree  to  cut,  tear  or  otherwise 
deliberately  damage  all  Cards  and  unused  Access  Devices  in  your  or  any  Authorized  User’s  possession  or  control  to  prevent 
unauthorized use by third parties and, upon our request, return such Cards or Access Devices to us at P.O. Box 84037, Columbus, 
GA 31908-4037, by first class mail, postage prepaid. 

8.  CHANGING  THIS  AGREEMENT.  We  may  change  this  Agreement,  including  (for  example)  changing  the  addresses  and 
telephone  numbers  you  should  use  to  contact  us,  changing  fees,  adding  new  fees,  changing  the  Daily  Periodic  Rates  and 
corresponding APRs or increasing your required minimum payment. We may change this Agreement based on economic or market 
conditions, our business strategies or for any other reason (including reasons unrelated to you or your Account). Any changes we 
make to this Agreement may apply to new transactions and/or then-existing balances as described in any notice we are required to 
provide  to  you. We  will  notify  you  of changes to this Agreement  as  required  by  applicable law. We will mail  any  required  written 
notice to the address we have on file for your Account. 

9. INFORMATION SHARING 

A. Credit Information. We may review your credit history by obtaining information from consumer reporting agencies and others. 
We  may  report  information  about  your  Account  to  credit  bureaus.  Late  payments,  missed  payments  or  other  defaults  on  your 
Account may be reflected in your credit report. We may report Account information on Authorized Users. 

B. How to Dispute Reports Regarding Your Account. If you think the information we furnished to consumer reporting agencies 
on your Account is not accurate please write to us at: P.O. Box 84037, Columbus, GA 31908-4037. With your letter, please provide 
us with: 

The Account number(s) for the Account(s) you are disputing;  

•  Your name, address and telephone number;  
• 
•  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 Account(s) with us), information related to fraud or active duty alerts on your report, or information provided 
to  the  consumer  reporting  agency  from  someone  other  than  us.  We  will  also  have  no  duty  to  investigate  your  dispute  if  we 
reasonably believe it was submitted or prepared by (or if you submitted it on a form provided by) a credit repair organization. If we 
determine that we will not investigate your dispute for one of these (or some other) reasons we will notify you of that determination 
within five Business Days. 

C.  Telephone  Monitoring  and  Recording.  You  consent  to  and  authorize  us  and  any  of  our  affiliates,  agents  and  marketing 
associates to monitor and/or record any of your telephone conversations with any of our or their representatives for quality control, 
training and other lawful purposes. 

D. Telephone Numbers. 
When you give us your mobile phone number, we have your permission to contact you at that number about all of your TD Bank 
accounts. Your consent allows us to use text messaging, artificial or prerecorded voice messages and automatic dialing technology 
for informational and account service calls, but not for telemarketing or sales calls. In may include contact from companies working 
on  our  behalf  to  service  your  accounts.  Message  and  data  rates  may  apply.  You  may  contact  us  anytime  to  change  these 
preferences. 

E.  Account  Benefits.  We  may  offer  you  certain  third-party  benefits  and  services  with  your  Account,  as  outlined  in  benefits 
brochures or other documents and internet web sites. For example, certain eligible purchases charged with a VISA® Card may be 
eligible  for  certain  benefits  or  services  through  VISA  U.S.A.  Inc.  (or  its  affiliates).  Any  benefits  or  services  we  make  available 
through third parties (including without limitation VISA U.S.A. Inc.) are not a part of this Agreement, but are subject to the terms and 
restrictions  outlined  in  the  applicable  benefits  brochures  or  other  documents  or internet  web  sites  provided  or made  available  to 
you from time to time. You agree that we may give information about you, any Authorized User, and your Account, to any third party 
reasonably  needing  the  information  to  provide  you  with  such  benefits  or  services.  You  also  agree  that  we  or  any  third  party 
providing any Account-related benefits or services may change, add, or delete benefits or services at any time without notice.  

10. MISCELLANEOUS 

A. Certain Waivers. You waive the right of “presentment” and “notice of dishonor.” “Presentment” means the right to require us to 
demand payment of amounts due under this Agreement. “Notice of dishonor” means the right to require us to give notice to other 

  F03-T299-3-1218 

 
 
 
 
 
 
 
 
 
    
 
 
 
 
 
 
 
7 

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. 

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 
responsibilities under the Fair Credit Billing Act. 

This  notice  tells  you  about  your  rights  and  our 

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-T299-3-1218 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
8 

If you receive our explanation but still believe your bill is wrong, you must write to us within 10 days telling us that you 
still refuse to pay.  If you do so, we cannot report you as delinquent without also reporting that you are questioning your bill.  We 
must tell you the name of anyone to whom we reported you as delinquent, and we must let those organizations know when the 
matter has been settled between us.  

If we do not follow all of the rules above, you do not have to pay the first $50.00 of the amount you question even if your  bill is 
correct. 

Your Rights If You Are Dissatisfied With Your Credit Card Purchases 

If you are dissatisfied with the goods or services that you have purchased with a credit card, and you have tried in good faith 

to correct the problem with the merchant, you may have the right not to pay the remaining amount due on the purchase.   

To use this right, all of the following must be true: 

1.  The  purchase  must  have  been  made  in  your  home  state  or  within  100  miles  of  your  current  mailing  address,  and  the 
purchase price must have been more than $50.00.  (Note: Neither of these are necessary if your purchase was based on an 
advertisement we mailed to you, or if we own the company that sold you the goods or services.) 
2. You must have used your credit card for the purchase.  Purchases made with cash advances from an ATM or with a check 
that accesses your credit card account do not qualify. 
3. You must not yet have fully paid for the purchase. 
If all of the criteria above are met and you are still dissatisfied with the purchase, contact us in writing at: 

TD Bank 
P.O. Box 84037 
Columbus, GA 31908-4037 

While we investigate, the same rules apply to the disputed amount as discussed above.  After we finish our investigation, we will 
tell you our decision.  At that point, if we think you owe an amount and you do not pay, we may report you as delinquent.   

Active Duty Service Members and Dependents: The following important notice applies if you are an active duty service member 
or a dependent of one at the time you request an Account. Federal law provides important protections to members of the Armed 
Forces and their dependents relating to extensions of consumer credit. In general, the cost of consumer credit to a member of the 
Armed  Forces  and  his  or  her  dependent  may  not  exceed  an  annual  percentage  rate  of  36  percent.  This  rate  must  include,  as 
applicable to the credit transaction or account: the costs associated with credit insurance premiums; fees for ancillary products sold 
in  connection  with  the  credit  transaction;  any  application  fee  charged  (other  than  certain  application  fees  for  specified  credit 
transactions or accounts); and any participation fee charged (other than certain participation fees for a credit card account). If you 
would like more information regarding your account, please call us at 1-877-488-3712. 

  F03-T299-3-1218 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
9 

The Interest Rate and Fee Schedule is incorporated into and made a part of your Personal Credit Card 
Agreement. 

                                      Please read and keep this Schedule with your Agreement for your records. 

Interest Rate and Fee Schedule 

Interest Rates and Interest Charges  

Annual Percentage Rate 
(APR) for Purchases:  

APR for Balance 
Transfers:  

APR for Cash 
Advances:  

16.24%, 21.24% or 25.24%, based on your 
creditworthiness.   
     All APRs will vary with the market based on the Prime Rate.      
16.24%, 21.24% or 25.24%, based on your creditworthiness.  
      All APRs will vary with the market based on the Prime Rate. 
27.49% 
      This APR will vary with the market based on the Prime Rate.  

How to Avoid Paying 
Interest on Purchases:  

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.  

Minimum Interest 
Charge:  
For Credit Card Tips 
from the Consumer 
Financial Protection 
Bureau:  
Fees  
Annual Fee:  
Transaction Fees:  

• Balance Transfers  

• Cash Advances  

If you are charged interest, the charge will be no less than $1.00. 

To learn more about factors to consider when applying for or 
using a credit card, visit the website of the Consumer Financial 
Protection Bureau at 
http://www.consumerfinance.gov/learnmore. 

$95 Annual Fee (waived for the first year). 

Either $5 or 3% of the amount of each transfer, whichever is greater. 
Either $10 or 5% of the amount of each cash advance, whichever is 
greater. 

• Foreign Transactions 
Penalty Fees:  
• Late Payment  
• Returned Payment 

None 

Up to $37 
Up to $37 

How We Will Calculate Your Balance: We use a method called “Average Daily Balance (including Current Transactions).” See 
your account agreement for more details. 

Loss of Introductory APR:  If you are 60 days past due, you may lose your right to the offer and the APR will return to the APR 
for Balance Transfers as stated in the Interest Rates and Interest Charges Table which will be applied to all existing and new 
balances on the Account. 

Billing Rights:  Information about your rights to dispute transactions and how to exercise those rights is provided in your account 
agreement. 

Margins:   

 For Purchases, 10.74%, 15.74% or 19.74% will be added to the Index 
 For Balance Transfers, 10.74%, 15.74% or 19.74% will be added to the Index 
 For Cash Advances, 21.99% will be added to the Index 

The corresponding DAILY PERIODIC RATES as of December 20, 2018 are:  

For Purchases, 0.0444932%, 0.0581918% or 0.0691507% 
For Balance Transfers, 0.0444932%, 0.0581918% or 0.0691507% 
For Cash Advances, 0.0753151% 

Index: Prime Rate as of December 20, 2018 is 5.50%.  

  F03-T299-3-1218