Terms and Conditions

Welcome to TD Bank US Payments Service (the “Service”). In order to use the Service, you must agree to these terms and conditions governing the use of the Service (“Terms and Conditions”).  These Terms and Conditions provide you with important information regarding the use of this Service. You must also agree to receive a copy of the Terms and Conditions and other “Materials” (as defined below) in electronic form only.  Please read the Terms and Conditions carefully and print or download a copy for your files.

1. Definitions. For purposes of the Terms and Conditions, the following definitions apply:

"Account" is the deposit or asset account from which you are authorizing a payment to be debited.

"Loan" refers to the loan account you have with TD Bank or its affiliate for which you are scheduling a payment.

2. Description of Service. This service provides the ability to make an online payment to your Loan with us from your Account. You cannot schedule recurring payments or debit cards payments using this Service.

3. Erroneous Instructions. If we receive a payment instruction for the online payment authorized by you and the instruction is erroneous in any way, we shall have no obligation or liability for the error. Such an error includes, but is not limited to, providing an incorrect Account or routing number for the Account.

4. Transaction Limitations. Please be aware that certain types of Accounts have limits on the numbers of transfers or withdrawals that may be made per month. Your financial institution may refuse transfers which would exceed such limits, so we recommend you check with your financial institution that holds your Account to determine what limitations are imposed on withdrawals from any Account. If we are not able to debit the amount required to cover an authorized payment and any fees, if applicable, from your Account, we will not be able to make the payment you have authorized, and will not be held liable for any costs, damages, or losses caused by the failure to make the payment. We have no obligation to try to debit an Account for a specific payment more than once. Payment amounts cannot exceed the total balance due on your Loan.

5. Authorized Users. If there are other authorized users on your Loan, or on your Account(s), you hereby authorize each of them to use this Service. Any signer on such Accounts is authorized to make payments, even if your Account otherwise requires two or more signatures for withdrawals.

6. Business Days. Our business days are Monday through Friday, excluding legal holidays.

7. Confidentiality. We will only disclose information to third parties about your Account or the transfers or payments you make using this Service:

a. where it is necessary for servicing or maintaining your Loan, or for completing payments through this Service;

b. if lawfully required; or

c. if you request or authorize such disclosure.

8. Your Liability. You agree to regularly and promptly review and verify all transactions either on our Internet page or through the monthly statements received from the financial institution that holds your Account. If your Account statement shows transactions by us that you did not authorize, immediately contact the financial institution that holds your Account.

9. Our Liability. If we do not complete a payment which you have authorized in a timely manner or in the correct amount, in accordance with the Terms and Conditions herein, we will only be liable for your actual losses. However, there are some exceptions. We will NOT incur any liability if:

a. Through no fault of ours, your Account does not contain sufficient available funds for us to debit the Account in the amount of the payment due.

b. The web site or other systems are not working properly.

c. Circumstances beyond our control (such as fire, flood, computer breakdown or problems with a telephone line) prevent or impede the transaction, despite reasonable precautions we have taken.

d. The funds in your Account are subject to an uncollected funds hold, legal process or any other encumbrance or claim restricting transfers at the time we attempt to debit your Account for an authorized payment(s).

e. The information you or your payees have supplied to us is incorrect, incomplete or not timely.

Under no circumstances will we be liable for any indirect, special, incidental or consequential damages. In states that do not allow the exclusion or limitation for indirect, special, incidental or consequential damages, our liability is limited to maximum extent permitted by law.

10. Electronic Disclosures. By using this Service, you agree and consent that we will provide you with the following documents and information (the “Materials”) in electronic form, unless otherwise stated below:

· All notices, disclosures, documents and other information that we are required by applicable law to provide or make available to you in writing (“Required Legal Information”) about the Service, any methods of payment available through the Service or any payment error;

· All Required Legal Information set forth in the Terms and Conditions or in any future modification to the Terms and Conditions;

· All Required Legal Information about a change in the Terms and Conditions or other Materials; and

· Any other communications and information, such as change in terms, payment confirmations, or addenda or supplement to the Terms and Conditions provided to you when you use the Service or other features related to the Service that we may offer to you from time to time ("Communications").

The Materials may be provided to you electronically by such means as we determine in our discretion, including but not limited to via the Service, email, or online posting at an online location designated by us.

We will provide payment confirmations in paper form mailed to your designated address unless you opt-in to receive email confirmations.

Your consent does not mean that we must provide the Required Legal Information or other Communications electronically. We may, at our option, deliver Required Legal Information or other Communications on paper if we choose to do so. We may also require that certain communications from you be delivered to us on paper at a specified address.

If you do not want to receive the Materials electronically, you should exit this area of our website and do not use the Service.  If you do not consent to receiving an electronic copy of the Materials, you will not be able to use the Service

System Requirements to Access the Information. To receive and retain an electronic copy of the Materials, you must be able to view the material on your computer or mobile device, and you must be able to send screen prints to your printer.

11. Exceptions. If the Account you schedule an online payment using the Service is a TD Bank deposit Account, your deposit Account agreement addressing electronic funds transfers will apply if it conflicts with any section of these Terms and Conditions.