Personal Deposit Account Agreement - TD

Welcome to TD Bank,America’s MostConvenient Bank We are pleased to offer you this Personal Deposit AccountAgreement (“Agreement”) that governs the terms andconditions of your personal deposit Account(s) with us. ThisAgreement consists of Parts I-VI below, any supplement(s)and amendment(s), as well as the Deposit Rate Sheet(s),Personal Fee Schedule(s) and Account MaintenanceInformation grid(s) published by the Bank from time to time.This Agreement provides you with information you will wantto know about your personal deposit Account(s). If you haveany questions, or would like to learn more about our personaldeposit Account products and services, please contact anyof our Stores or call us at 1-888-751-9000. We will be happyto assist you.TopicStarts at Page #Part I: Terms and ConditionsDefinitions . 4Personal Deposit Account Terms and Conditions. 4Deposit Policy. 5Checks . 5Returned Checks/Waiver of Rights . 6Cashing of Checks . 6Withdrawal Policy . 6Processing Order for Payment of Checks, Debit CardTransactions, and Other Items . 7Reasons Why We May Refuse to Pay an Item . 10Postdated Items . 10Pre-authorized Drafts . 10Overdrafts . 10Stop Payments . 13International, ACH, The Clearing House Real-TimePayments (“TCH RTP”) and Wire Transfers . 15Periodic Statements; Time Limit to Report Errors . 15Combined Statements with Checking. 17Important Information for Opening a New Account . 17Telephone Numbers. 17Account Ownership . 18Individual Accounts . 18Joint Accounts–With Right of Survivorship. 18No Two-Signer Accounts . 19Specialty Accounts . 19Trust Accounts . 19Uniform Gifts/Transfers To Minors Act Account . 20Power of Attorney . 211Certified Taxpayer Identification Number orSocial Security Number. 21Credit Verification and ObtainingFinancial Information . 21Conflicting Demands/Disputes . 22Changing Your Account . 23Adverse Claims; Interpleader; Legal Process. 23If You Owe Us Money . 25Right of Set-Off . 25Death/Incompetence . 26Limited Liability. 26Default . 27Indemnity . 28Jury Trial Waiver . 28Demand Deposit Accounts and Sub-Accounts . 28Miscellaneous . 29Part II: Truth in Savings DisclosureAccounts Covered . 32Minimum Account Requirements. 33Fees & Charges . 33Interest Rate and Annual Percentage Yield . 33Checking Balance Tier Structures . 34Checking Account Information . 35Savings Balance Tiers Structures . 36Savings Account Information . 36-40Special Information for Certificates of Deposit . 40-43Part III: Funds Availability PolicyDetermining the Availability of a Deposit. 43Standard Funds Availability . 44Special Rules for New Accounts . 44Longer Delays May Apply. 45TD FastFunds. 45Holds on Other Funds . 45Non-U.S. Financial Institutions . 46Returned Items Subsequent to Availability of Funds . 46Endorsements . 46Part IV: Electronic Funds Transfers DisclosureDirect Deposits. 46Pre-authorized Withdrawals . 47Telephone Transfers . 47Electronic Check Conversions . 47Bill Pay . 47External Transfer (Account to Account Transfers)Service and Send Money with Zelle . 47Personal Identification Number (PIN) . 47ATM Transaction Types. 48Visa Debit Card Transaction Types. 48Customer Safety Information – NY . 49Customer Safety Information – NJ . 492

Termination . 50Charges For Electronic Funds Transfers . 50Right to Documentation . 51Terminal Transactions . 51Direct Deposits . 51Periodic Statements . 51Passbook Accounts Where the Only PossibleElectronic Funds Transfers Are Direct Deposits . 51Notice of Varying Amounts . 51Pre-authorized (Recurring) Transfers andStop Payments . 51Additional Information RequiredBy Massachusetts Law . 52EFT: Our Liability . 52Disclosures of Account Information to Third Parties . 53Unauthorized Transfers . 54Errors or Questions AboutElectronic Funds Transfers . 55Part V: Substitute Checks and Your RightsWhat is a Substitute Check? . 55What are my Rights Regarding Substitute Checks? . 56How do I Make a Claim for a Refund? . 56Part VI: Night Depository AgreementBags and Containers . 57Method of Deposit . 57Receipt of Bag and Keys . 57Third Party Carriers. 57Liability of Bank . 57Contents Not Insured. 58Processing Deposits . 58Fees and Service Charges. 58Termination . 58Entire Agreement; Conflict of Terms:Governing Law . 58DefinitionsThroughout this Agreement, unless otherwise indicated,the following words have the meanings given to them below:a) “Account” means your Checking Account, Money MarketAccount, personal CD Account and/or Savings Accountwith us, including Individual Retirement Accounts (IRAs),as applicable, unless limited by the heading under whichit appears.b) “TD Essential Banking Account” is a Checking Accountwithout check writing privileges. TD will not issue checksand may choose not to honor checks written on thisAccount.c) “Business Day” means every day, except Saturdays,Sundays, and federal holidays.d) “Calendar Day” means every day, including Saturdays,Sundays, and federal holidays.e) “Bank,” “we,” “us,” “our” and “TD Bank” refer toTD Bank, N.A.f) “You” and “your” mean each depositor who opens anAccount, and any joint owner of each Account.g) “Store” means a branch office.Part I: Personal Deposit AccountTerms and ConditionsBy opening and maintaining an Account with the Bank,you agree to the provisions of this Agreement. You shouldread this Agreement thoroughly and keep it with otherimportant records. From time to time, we may offer newtypes of Accounts and may cease offering some types ofAccounts. This Agreement governs all of these new typesof Accounts, and continues to govern any Accounts youmay have that we no longer offer. If and to the extent theprovisions of this Agreement vary from the provisions of theUniform Commercial Code as adopted in the jurisdictionwhere your Account was opened, the terms and conditionsof this Agreement shall control.This Agreement includes your promise to pay thecharges listed on the Personal Fee Schedule and AccountMaintenance Information grid and your permission for usto deduct these charges, as earned, directly from yourAccount. You also agree to pay any additional reasonablecharges we may impose for services you request which arenot contemplated by this Agreement but are disclosed inour Personal Fee Schedule, which may be amended fromtime to time. Each of you agree to be jointly and severallyliable for any Account deficit resulting from charges oroverdrafts, whether caused by you or another authorizedto withdraw from your Account, together with the costs weincur to collect the deficit, including, to the extent permittedby law, our reasonable attorneys’ fees.You agree to use the Account only for lawful purposes, andyou acknowledge and agree that “restricted transactions”as defined in the Unlawful Internet Gambling Enforcement34

Act of 2006 and Regulation GG issued thereunder areprohibited from being processed through your Account orany relationship between you and the Bank. In the event weidentify a suspected restricted transaction, we may blockor otherwise prevent or prohibit such transaction; andfurther, we may deny services to you, close the Account, orend the relationship. However, in the event that a chargeor transaction described in this disclosure is approved andprocessed, you will still be liable for the charge. In orderto protect you, we may ask for identification or may askidentifying questions to authenticate you prior to processinga request or transaction.Deposit PolicyWe may refuse to accept an item for deposit or to return allor a part of it to you. Any item that we accept for depositis subject to later verification. We will usually give youprovisional credit for items deposited into your Account.However, we may delay or refuse to give you provisionalcredit if we believe in our discretion that your item will notbe paid. We will reverse any provisional credit we have givenfor an item deposited into your Account if we do not receivefinal credit for that item, and charge you a fee (see PersonalFee Schedule). If the reversal of a provisional credit createsan overdraft in your Account, you will owe us the amount ofthe overdraft, plus any overdraft fees when applicable (seePersonal Fee Schedule). We will determine when final creditis received for any item. Please read the Funds AvailabilityPolicy for a detailed discussion of how and when we makefunds available to you.We will accept certain items like foreign checks and bondcoupons for collection only. You may also ask us to acceptcertain other items for collection only. You will not receivecredit for (provisional or otherwise), and may not withdrawfunds against, any of these items until we receive final creditfrom the person responsible for paying them. Items sent forcollection will be credited to your Account in U.S. dollars,calculated using our applicable exchange rate that is ineffect on the date when we credit the funds to your Accountand not when the deposit is made. We may earn revenueon this exchange. The Funds Availability Policy does notapply to items we have accepted for collection only. If andwhen we receive final credit for an item we have acceptedfor collection only, you agree that we may subtract ourcollection fee (see Personal Fee Schedule) from the amountfinally credited to us, before we credit your Account for theremaining amount.may elect to pay it in good faith without consulting you. Youagree that you will use care in safeguarding your unsignedchecks against loss or theft. You will tell us immediatelyif any checks are missing. You agree to assume all lossesthat could have been prevented if you had safeguardedunsigned (or otherwise incomplete) checks, or had told usthey were missing.Returned Checks/Waiver of RightsIf you deposit a check or item in your Account that the draweebank returns unpaid for any reason (called “dishonor”), theamount of the dishonored check or item will be deductedfrom your Account. We may put the dishonored check oritem through for collection again. This means that you arewaiving your right to receive immediate notice of dishonor.You agree to pay the Bank a fee for any such check or itemthat is dishonored (see Personal Fee Schedule). The Bankmay also collect any amounts due to the Bank because ofreturned checks, through the right of set-off, from any otherof your Accounts at the Bank, or collect the funds directlyfrom you.Cashing of ChecksTypically, the Bank will cash checks drawn on other banksfor its Customers who have adequate available funds intheir Account(s). If any such check should be returned by thepaying bank for any reason, the Bank will charge you a fee(see Personal Fee Schedule). In addition, the Bank will debitthe amount of the returned check from your Account(s). Ifthe debit creates an overdraft in your Account, you will oweus the amount of the overdraft plus any overdraft fees whenapplicable (see Personal Fee Schedule).Withdrawal PolicyPassbook Account (if available in your jurisdiction)withdrawals can be made by an authorized signer onlyupon presentation of the passbook, either in person oraccompanied by a written order of withdrawal. If you losethe passbook, we require that a Lost Passbook Affidavitbe signed by ALL persons named on the Account before anotary public.Statement Savings Account withdrawals can be madeper written order of withdrawal in accordance with theinformation contained on the signature card and may alsobe made with an ATM or Visa Debit Card, as applicable.The Bank may refuse a request if any document oridentification required by the Bank or law in connection withthe withdrawal has not been presented.ChecksAll negotiable paper (called “checks”) presented for paymentmust be in a form supplied by or previously approved by theBank. The Bank may refuse to accept any check that does notmeet this requirement or which is incompletely or defectivelydrawn. Once an outstanding check is six (6) months old,we may elect not to pay it. But if there is no stop paymentorder on file when we receive the check for payment, weThe Bank reserves the right to require seven (7) CalendarDays written notice prior to withdrawal or transfer of fundsfrom all Savings or Money Market Accounts offered by theBank.56For any non-transactional savings Account(s), and moneymarket Account(s), you may make as many in-personwithdrawals at a teller window or any ATM as you wish.However, our bank policy allows no more than a combined

total of six (6) pre-authorized, automatic, electronic(including computer or mobile initiated), or telephonewithdrawals or transfers, or payments by check, draft,debit card, or similar order payable to third parties or madepayable to yourself in any monthly period (based on yourstatement date). We may impose a fee, as disclosed on thePersonal Fee Schedule, for the seventh (7th) withdrawal, andeach additional withdrawal that you make in any monthlyperiod (based on your statement date). These fees will bereflected in your monthly statement.For Holiday Club and Club Saver Accounts, we may impose afee, as disclosed on the Personal Fee Schedule, for the fourth(4th) withdrawal, and each additional withdrawal that youmake in any calendar month.Processing Order for Payment of Checks, Debit CardTransactions, and Other ItemsThe following describes how we pay or charge to yourAccount checks, debit card transactions, and other itemspresented for payment or deposit. An “item” includes anyinstruction or order for the payment, transfer, deposit, orwithdrawal of funds, including, but not limited to, any check,substitute check, purported substitute check, remotelycreated check or draft, electronic transaction, draft, demanddraft, image replacement document, indemnified copy, ATMwithdrawal or transfer, debit card point-of-sale transaction,pre-authorized debit card payment, automatic transfer,telephone-initiated transfer, ACH transaction, online bankingtransfer to or from Accounts at TD Bank or external transfersto other institutions, online bill payment instruction, paymentto or from other people (Send Money with Zelle transaction),withdrawal or deposit slip, in-person transfer or withdrawal,cash ticket, deposit adjustment, or wire transfer. In the eventthat there are insufficient funds in your Account to pay anitem and the transaction is resubmitted, each resubmissionconstitutes a separate item.For purposes of determining your available Account balanceand processing items to your Account, including returningitems due to insufficient funds or paying items that overdrawyour Account, all items are processed overnight at the end ofeach Business Day (which excludes Saturdays, Sundays andfederal holidays). Each Business Day, your starting availableAccount balance is determined in accordance with ourFunds Availability Policy. Please read the Funds AvailabilityPolicy for a detailed discussion of how and when we makefunds available to you.For (i) Checking Accounts and (ii) Money MarketAccounts with check access, items are processedas follows:a) First, deposits that have become available to you thatBusiness Day in accordance with our Funds AvailabilityPolicy are added to your available Account balance.b) Second, all withdrawals are deducted from your availableAccount balance in chronological date and time order7based on the information that we receive for each item.The following transaction fees will also be deducted inchronological date and time order based on when theyare assessed: wire transfer fees, deposit return fees, andoverdraft fees. For some items, we do not receive dateand time information. We assign these items a date andtime, which may vary from when the transactions wereconducted. All checks drawn upon your Account thatare not cashed at a TD Bank Store are assigned a timeof 11:00 p.m. EST on the date we receive them. If multipleitems have the same date and time information, they willbe processed in the following order: (i) deposits first; (ii)checks drawn upon your Account next, from lowest tohighest check number, and then (iii) other withdrawals,from lowest to highest dollar amount. For purposes of thissection (b), withdrawals include transactions that havebeen presented for payment as well as pending debitcard, ATM, or electronic transactions that have beenauthorized but not yet presented to us for payment. Pleasesee the additional details below for more informationregarding pending transactions.c) Third, we add to or deduct from your available Accountbalance any transactions initiated by us, such as interestcredits or fees not described in section (b) above.Examples of these fees include non-TD ATM fees, monthlymaintenance fees, and paper statement fees.For (i) Savings Accounts, (ii) Money Market Accountswith no check access, and (iii) CD Accounts, items areprocessed as follows:a) First, deposits that have become available to you thatBusiness Day in accordance with our Funds AvailabilityPolicy are added to your available Account balance.b) Next, the total amount of any “pending” debit card,ATM and other electronic transactions that have beenauthorized but not yet presented to us for payment isdeducted from your available Account balance. Pleasesee the additional details below for more informationregarding pending transactions.c) We then deduct items from your available Accountbalance by category, in the following order:i. Outgoing wire transfers

Personal Deposit Account Terms and Conditions By opening and maintaining an Account with the Bank, you agree to the provisions of this Agreement, so you should read this Agreement thoroughly and keep it with other important records. From time to time, we may offer new types of Accounts and may cease offering some types of Accounts.