These Terms shall apply to the savings account(s) and any supplemental services (together, the “Services”) which TD Bank N.V. provides to you from 11 August 2018. These are our standard terms and conditions on which we intend to rely. For your own benefit and protection you should read these Terms carefully. In order to use the Services you will need to access them using our Secure Customer Portal and/or our TD Bank App. The first time you access the Services in this way, you will be asked to confirm that you agree to these Terms and any additional terms that form part of these Terms. In the event that you do not access the Services through the Secure Customer Portal or the TD Bank App and/or do not indicate your agreement to these Terms, you will be deemed to have agreed to these Terms by virtue of us having given you notice of them. You should also review clause 10 to see the ways in which we may amend these Terms.
2.1 - The transfer of funds from or to your Account(s) may only be made to or from your corresponding Nominated Account(s).
2.2 - Interest We will pay interest on your Account(s) in accordance with the applicable rates as set out from time to time in the Rates and Charges.
2.3 - Overdrafts We do not provide an overdraft service and therefore you will not be able to withdraw an amount which exceeds the funds in your Account(s).
2.4 - Cooling-off periods
5.1 - You may be required to provide us with a number of pieces of identifying information including but not limited to your passport number which we will use to identify you as our customer when you contact us.
5.2 - You acknowledge that in relation to each Account:
5.3 - We will be responsible for losses that you suffer as a result of any agreement entered into or expense incurred referred to in clause 5.2.3 where you tell us that you have not authorised such Instruction and/or communication unless we can show that you have acted negligently, fraudulently or in wilful default or you or anyone else using your Account(s) and Authentication Information has allowed an unauthorised person to give or enter into an order or communication.
6.1 - You will pay the charges for the Services that are set out from time to time in our Rates and Charges. Any such amounts due may be deducted from any funds held in or payments made to your Account(s) with us. We will tell you at least fourteen (14) days in advance if we make this kind of deduction.
6.2 - You will at all times be fully responsible for payment of all other taxes due, for making all claims, for filing any tax returns and for providing any relevant tax authorities with information in relation to the Services we carry out for you or any money in your Account(s).
6.3 - We will use reasonable endeavours to forward to you any tax documents which we may receive relating to you or any money in your Account(s).
6.4 - We may impose certain additional charges as set out in the Rates and Charges which you shall be liable for if you do not materially comply with your obligations under these Terms.
6.5 - If you fail to pay any amount due to us, interest will be payable by you on demand at the rate set out from time to time in the Rates and Charges together with all associated reasonable administrative and recovery costs including legal costs.
6.6 - Any electronic payment received by us in currencies other than the currency of the relevant Account will not be accepted.
7.1 - Neither we, our employees, agents, sub-contractors or any member of the TD Group shall be liable for any losses, costs, damages, liabilities or expenses suffered by you under these Terms(including without limitation any loss that may arise directly or indirectly from your inability to access the Services for any reason or for any delay in, or the failure of, the transmission or receipt of any Instructions or notifications sent to us through any electronic medium) except where caused directly by the negligence, wilful default, fraud or breach of these Terms by us or our employees, agents, sub-contractors or any TD Group company. This clause is entered into by us as trustee for our employees, agents, subcontractors and TD Group companies.
7.2 - Nothing in these Terms shall limit or exclude our liability for personal injury or death caused by our negligence.
7.3 - We will be responsible for any foreseeable losses, costs, liabilities or expenses which you incur in connection with the Services or these Terms as a result of a breach of a material obligation of these Terms committed by us where we have failed to remedy the breach within a reasonable time of us becoming aware of such a breach (unless caused by your breach of these Terms, negligence, wilful default or fraud).
7.4 - You will be responsible for any foreseeable losses, costs, liabilities or expenses which we incur in connection with the Services or these Terms as a result of a breach of a material obligation of these Terms committed by you where you have failed to remedy the breach within a reasonable time of us requesting you to do so(unless caused by our breach of these Terms, negligence, wilful default or fraud).
8.1 - Each time you use the Services you will be confirming that:
8.2 - You accept full responsibility for monitoring your Account(s). You agree to notify us immediately if you become aware of:
8.3 - You must make sure that your Authentication Information remains confidential at all times and you must take all responsible steps to:
8.4 - You must inform us if there is any change to any of your personal details such as your address, email address, telephone number or mobile telephone number.
8.5 - You must provide us with information which we reasonably request in order to enable us to comply with our legal obligations in relation to providing the Service. This may include information about yourself and your transactions that we use in order to reduce the risk of your Account(s) being used for money laundering and other financial crime.
9.1 - We shall not be liable to you in any manner or be deemed to be in breach of any contract for the Services because of any delay in performing or any failure to perform any of our obligations due to any circumstances beyond our reasonable control.
9.2 - For the purposes of this clause 9, “circumstances beyond our reasonable control” means any cause preventing us or you from performing any or all of our or your obligations which arises from any cause beyond our or your reasonable control including without limitation:
9.3 - In the event that we are unable to carry out our obligations under these Terms due to circumstances beyond our reasonable control as detailed above, we shall for so long as such circumstances continue, be relieved of our obligations under these Terms. We shall, as soon as possible after the end of such case or event, resume performance of our obligations under these Terms.
10.1 - We can change, amend, supplement or delete any part of these Terms and, in particular but without limitation, we can:
10.2 - We will give you notice of any change made under clause 10.1 and the reason for that change as set out in clause 10.1. We will give that notice by any one or more of the following methods:
10.3 - In the case of any change under clause 10.1.4 we will give you at least thirty (30) days’ prior notice provided that changes made to reflect a change of law or regulation may, if necessary, take effect immediately.
10.4 - Upon receipt of any such notice under clause 10.2, you may close your Account(s) without penalty or loss of credit interest within 30 days of receipt of that notice, but you must repay any interest or charges or other indebtedness outstanding on your Account(s). If you do nothing, you will be deemed to have accepted any change of which you have been notified by us.
We may obtain information (including personal data) from you during the course of our relationship with you. We refer to our privacy statement published on our Website which describes in detail how we use your personal data https://tdbanknv.com/privacy.
12.1 - We may terminate any part of these Terms and our obligation to provide the Services by giving notice to you, which will take effect immediately or after such period as may be specified in the notice, in accordance with these Terms.
12.2 - You may terminate these Terms at any time by providing written notice to us.
12.3 - If termination occurs, we will, as soon as reasonably practicable, subject to these Terms, arrange the delivery to you of any money in your Account(s) subject to any applicable charges as set out in the Rates and Charges.
12.4 - Notwithstanding the provisions of clause 12.1 of these Terms, we will give you at least two (2) months’ prior written notice of the closure of any Account(s) opened by us for you provided that there are no exceptional circumstances such as suspected fraud in relation to the Account(s). Interest will not accrue on an Account once it has been closed.
12.5 - We may terminate these Terms with immediate effect by notice to you if you commit a material breach of these Terms which cannot be rectified by you on reasonable notice given to you by us.
12.6 - We reserve the right to close your Account(s) without providing you with notification should it lay inactive and hold a zero money balance for a period of six (6) months or more.
12.7 - We will not charge you for the termination of these Terms. However where charges for Services are applied on a regular basis, such charges will be apportioned up until the time of the termination of these Terms and any charges paid in advance will be reimbursed by us proportionally.
14.1 We may at any time transfer or assign absolutely our rights, benefits and/or obligations under these Terms to another party(the assignee) by delivering to you a notification in writing. Any such transfer or assignment shall be subject to the assignee undertaking in writing to be bound by and perform our obligations under these Terms. If we do assign our rights, benefits and/or obligations under these Terms, we will only do so to a third party who is competent to carry out those functions and responsibilities and who will provide the same standard of service that we do.
14.2 Our rights and obligations under these Terms are personal to you. This means that you cannot assign them.
15.1 - All communications from us to you will be in English and either in writing, which shall include email and include any messages sent to your Personal Archive, or over the telephone and will take effect once dispatched to you (except as otherwise specified in these Terms, for example in clauses 10 and 12).
15.2 - You agree that we and/or any associate and/or our or their representatives or employees may communicate with you over the telephone, by email or by a message sent to you through your Personal Archive, even where you have not requested us to communicate with you. We will only do this in compliance with Applicable Law.
15.3 - All Instructions you give us should be in English, made using our Secure Customer Portal and/or the TD Bank App. They will take effect on the same Business Day if received before the applicable cut-off time set out in the Appendix, otherwise they will take effect on the next Business Day. Any written Instruction to take such action shall be at your risk and may not be processed unless and until acknowledged by us. If no such acknowledgement is received please contact us by telephone in accordance with clause 15.4.
15.4 - All other communications from you to us can be made in the following ways:
16.1 - In the event of the death of a sole Account holder, that Account holder’s legal personal representatives must provide us with formal notice in the form of the original death certificate of the Account holder or a copy certified by a solicitor or another regulated professional person. We will then hold the existing monies in the Account(s) but will not carry out any transactions.
16.2 - In the event of your death or in the event that your mental capacity is diminished or impaired, and your personal representatives (e.g. executors, trustees or those who have power of attorney) require funds to be withdrawn from your Account(s); provided that such request is in writing and supported by the relevant legal documentation (e.g. a will which is accompanied by the “Grant of Probate” document(s) or a registered power of attorney) we will allow the requested monies to be withdrawn from your Account(s).
16.3 - We will also allow Cleared Funds to be withdrawn from your Account(s) for the purposes of paying inheritance tax.
16.4 - In circumstances where probate has not yet been granted but your personal representatives as outlined above require funds from your Account(s) to pay for funeral expenses we will allow Cleared Funds to be withdrawn from your Account(s) provided that the request is in writing and supported by a letter from a solicitor.
16.5 - Once we have received the grant of representation for your estate, we will then carry out the written instructions from your legal personal representatives. If we have not received any instructions after six (6) months we may re-register your Account(s) into the name(s) of your legal personal representative(s).
16.6 - If your estate is too small to warrant a grant of representation, an indemnity form must be completed by the beneficiary(ies).
16.7 - We shall not be responsible for any losses that result from us being unable to operate your Account(s) following your death other than caused by our wilful default, fraud or negligence. If you have a joint Account(s) and one of you dies, we will transfer the funds and the responsibility for any obligations connected with the Account(s) into the survivor’s sole name. These Terms will remain in force between us and the survivor. Unless you have notified us otherwise, we will be entitled to treat that person as the only person with any interest in the Account(s).
16.8 - Any applicable charges as detailed within the Rates and Charges will still be charged until the Account(s) is closed.
17.1 - Where Accounts are in the name of more than one person each of you will be jointly and separately liable to us under these Terms. This means that each of you is separately responsible for keeping to these Terms. If either of you do not keep to them, we can take action against any of you, singularly or together. On the death of one of you, we may treat the survivor as the only person entitled to your money.
17.2 - We will normally act on Instructions from either of you. If you give us conflicting Instructions, we will not have to act on them. Where Instructions can be given to us by either of you, you will be bound by the Instruction given by another joint Account holder.
17.3 - We can contact either of you in relation to a joint Account(s) and any such communication with one of you will be treated as a communication with both of you.
17.4 - If we become aware of divorce proceedings between joint Account(s) holders or there is a disagreement between either of you as to the running of the Account(s), we may, but are not obliged to, freeze your Account(s) or resort to joint authorisation foreach Instruction on your Account(s).
17.5 - If either of you give notice to end these Terms, we will close your Account(s) in accordance with the Instructions received. In such a case or if we give notice to end these Terms, we will transfer your money into your joint names, unless otherwise instructed.
Deposits are protected by the Dutch Deposit Guarantee Scheme(the “Dutch Scheme”). This Dutch Scheme guarantees an amount of €100,000 per person per bank (regardless of the number of Accounts held). Two persons holding a joint Account(s) each qualify for full compensation. For further information about the Dutch Deposit Guarantee Scheme (including the amounts covered and eligibility to claim) please contact us or refer to http://www.dnb.nl/en/ or email email@example.com.
19.1 - All references to times in these Terms are to London time.
19.2 - You should assume that all telephone calls, Website use, and emails between us will be recorded and use of the Secure Customer Portal and the TD Bank App will be monitored. These recordings will be our sole property and may be used for training purposes, as evidence in the event of a dispute or as may be required by a regulator. We will retain telephone call recordings for the time specified by the Rules.
19.3 - Our relationship with you is subject to these Terms, so that if there is any conflict between these Terms and other terms, conditions, information or agreement produced by us from time to time in respect of the Services these Terms will take precedence. In addition to these Terms, the Dutch General Banking Conditions 2017 apply to our relationship (please see https://www.nvb.nl/english/2253/general-banking-conditions-algemenebankvoorwaarden.html). The Dutch Banking Association has filed the text with the Registry of the District Court in Amsterdam under number 60/2016 on 29 August 2016. In case of any inconsistencies, the Dutch General Banking Conditions 2017 will prevail.
19.4 - If any provision of these Terms is held to be invalid or ineffective, it will not affect the enforceability or validity of any other provisions.
19.5 - We reserve the right, at all times acting reasonably, to refuse a deposit or to close an Account(s) without giving reasons for any such decision. We reserve the right to require references from you.In any event, in order to protect you and the banking system, we may suspend or withdraw the provision of all or part of the Services to you, if:
19.6 - We reserve the right to recall or reverse any deposit or transfer which you have made if it is not within the contemplation of these Terms or if we reasonably believe the deposit or transfer has been made fraudulently or illegally.
19.7 - Any of the Services may be provided using the services of third parties, including members of the TD Group, who may act as agent for us.
19.8 - Sale of business
20.1 - If you have a complaint about us you should raise it in the first instance with Customer Services.
20.2 - We have a written complaints procedure that complies with the requirements of the Rules for the handling of customer complaints, a copy of which is available on request. If you have a complaint you can contact us in the following ways:
20.3 - In the event of a dispute remaining unresolved after exhausting these procedures, or if we do not provide you with our final response within eight (8) weeks of receiving your complaint, you may refer your complaint to the Financial Services Complaints Tribunal in the Netherlands, Klachteninstituut Financiële Dienstverlening (Kifid). You can refer your complaint to Kifid either through the complaints form made available on the Kifid’s website or by using the cross border complaints form made available on he FIN-NET website. Further information is available on FINNET’s website or Kifid website at www.kifid.nl or by contacting them at the:
Klachteninstituut Financiële Dienstverlening
2509 AG Den Haag, the Netherlands
Please note that you may wish to use the form and information available on the FIN-NET website if you are an English speaker.
21.1 - Where we mention tax provisions or a particular tax treatment, you should be aware that the tax treatment depends on your individual circumstances and may be subject to change in the future.
21.2 - We do not offer tax advice. If you require assistance with your tax affairs with regard to your Account(s), you may wish to take independent tax advice from an appropriate financial adviser or your local tax office.
These Terms are governed by English law and are subject to the non-exclusive jurisdiction of the English courts.
1.1 - The following methods are available to you to pay in and withdraw funds from your Account(s):
1.2 - Inbound deposits
1.3 - Outbound bank transfer
1.4 - We do not accept cheques or provide cheque books.
1.5 - Receipt of Instructions and information
If we do not receive an Instruction by the cut-off time indicated for that type of Account Funding Transaction on a Business Day, it will be automatically deemed to have been received on the following Business Day. Providing us with incorrect information can result in a transaction not being executed or being defective in some manner, for which we are not liable. However, in such circumstances we will make reasonable efforts to recover the funds involved in the transaction. Please be advised that interest may not be backdated to what would have been the actual date of receipt of funds had the details been correct unless the error resulted from our negligence, fraud or wilful default.
1.6 - Revocation of a valid Instruction
1.6.3 - Any request for revocation must be provided in writing by you to us using the email address set out in clause 15.4 of these Terms.
1.6.4 - At any time after the time limits for revocation referred to in these Terms, the Instruction may only be revoked if agreed between us.
1.6.5 - A charge may be applied by us to your Account(s) for the revocation of an Instruction by you but we will notify you in advance if this is the case.
1.7 - Refusal of Instruction
1.8 - Non-execution or incorrect execution of transaction
1.9 - Account closure
If your Account(s) is closed, we will repay any credit balances to you once you have repaid any charges or other indebtedness outstanding on your Account(s).
1.10 - Transactional information provided
2.1 - You agree to pay such fees and charges, together with any applicable taxes and charges on their due date, and if no due date is specified, on demand by us.
2.2 - Our fees and charges will be payable by you in accordance with the Rates and Charges from time to time and in accordance with clause 6 of these Terms.
2.3 - Payment charges
2.4 - Interest rates
Details of the interest rate applicable to your Account(s) are set out in the Rates and Charges.
2.5 - Charges for incorrect information
3.1 - Unauthorised Account Funding Transactions
3.2 - Execution of Account Funding Transactions
4.1 - You are liable for all foreseeable losses incurred in respect of an unauthorised Account Funding Transaction where you:
4.2 - Subject to the above you are liable for any foreseeable losses incurred in respect of unauthorised Account Funding Transactions arising:
5.1 - You must be registered with us to use our Secure Customer Portal and/or TD Bank App.
5.2 - To use our Secure Customer Portal and/or TD Bank App you will need your username and Authentication Information.
5.3 - We will automatically log you out of the Secure Customer Portal and/or TD Bank App if you are inactive for a period of time.
6.1 - All of our Services are available through the Secure Customer Portal so that you can:
7.1 - Not all of the Services are available through the TD Bank App; you will need to use the Secure Customer Portal to access all of the Services. You can do the following through the TD Bank App:
7.1.1 - Check the balance of your Account(s);
7.1.2 - Make transfers between your Account(s) and your Nominated Account(s);
7.1.3 - Add and delete mobile devices by which you can access the TD Bank App;
7.1.4 - View transactions from the last seven (7) years;
7.1.5 - Enable or disable fingerprint identification or facial identification (depending on your Mobile Device’s capabilities);
7.1.6 - View messages within your Personal Archive; and
7.1.7 - Carry out any other additional service that we may provide in any future update of the TD Bank App.
7.2 - A higher level of security may be required for some of the Services.You must not use the Secure Customer Portal and the TD Bank App for any other purpose than as described above.
8.1 - You must not alter, modify adapt or reverse engineer all or any part of the TD Bank App.
8.2 - You must not copy or reproduce all or any part of the TD Bank App.
8.3 - You must not upload or provide any information through the Secure Customer Portal which is or could be considered to be illegal, inappropriate, unsuitable or offensive, all as determined by us.
8.4 - You must not use the Secure Customer Portal and the TD Bank App for any purpose that is illegal, fraudulent or infringes on another person’s rights.
8.5 - You must not sell or distribute or attempt to sell or distribute all or any portion of the Secure Customer Portal and the TD Bank App.
8.6 - Furthermore, you agree to comply with any other requirements, restrictions or limitations provided by us upon notice to you. You further agree to comply with any requirements, restrictions or limitations provided by a third party (including the app store provider, your Mobile Device provider and your internet service provider, as applicable) relating to your use of the Secure Customer Portal and the TD Bank App.
10.1 - You are responsible for all transfers that you authorise using the Secure Customer Portal and the TD Bank App and for keeping your Authentication Information safe.
10.2 - In this regard you must ensure that you comply with the requirements in clauses 8.2 to 8.4 of these Terms and also:
You will be liable for any unauthorised transactions carried out using the Secure Customer Portal and the TD Bank App pursuant to clause 4 of this Appendix.
12.1 - In order to use the Secure Customer Portal you will need access to a Computer.
12.2 - In order to use the TD Bank App you will need to download it to your Mobile Device from either the Google Play Store or the Apple App Store.
12.3 - You will need to use the soft token feature provided in the TD Bank App in order to access the Secure Customer Portal and to carry out certain activities within the Secure Customer Portal such as making changes to your personal details. To use the secure token you will need to:
12.4 - If you do not have a Mobile Device, you will need to use the email address that you have previously provided to us to access the Secure Customer Portal and to carry out certain activities within the Secure Customer Portal.
12.5 - You are responsible for the installation, maintenance and operation of your Computer and/or Mobile Device and all related charges. You are responsible for installing and maintaining appropriate virus protection on your Computer and/or Mobile Device.
12.6 - We are not responsible for any errors or failures caused by any malfunction of your Computer and/or Mobile Device, or your use of the Secure Customer Portal and the TD Bank App. We are not responsible for any viruses, spyware, malware, worms or related problems that may be associated with your Computer and/or Mobile Device. We are also not responsible for any losses or delays in transmission of information that you provide to us or otherwise arising out of or incurred in connection with the use of any internet or other service provider providing your connection to the internet or any browser software.
We do not charge a fee to access or download the Secure Customer Portal and the TD Bank App. Your internet service provider or mobile network provider (as appropriate) may charge you to access the Secure Customer Portal and the TD Bank App and these charges may vary if you access the Secure Customer Portal and the TD Bank App abroad. You are responsible for these charges.
14.1 - We can at any time suspend your access to the Secure Customer Portal and/or the TD Bank App. We will only do this where we think it is reasonably necessary because:
14.2 - We will usually give you advance notice of the suspension unless it could compromise our security measures or it is unlawful to do so.
14.3 - We will also temporarily suspend your access to the Secure Customer Portal and the TD Bank App where you have entered incorrect log in details on a number of occasions. If this happens, you can reset your log in details by answering our security questions within the Secure Customer Portal.
15.1 - You can end your rights to use the Secure Customer Portal and/or the TD Bank App by calling us on the number provided in clause 15.4 of these Terms. We will then disable your access to the Secure Customer Portal and/or the TD Bank App. We suggest you also disconnect your Mobile Device from the TD Bank App.
15.2 - If you end your right to use the Secure Customer Portal and the TD Bank App, you authorise us to continue making transfers that you have previously authorised until such time as we have had a reasonable opportunity to act upon your closing notice.
15.3 - We may suspend or end your right to use the Secure Customer Portal and the TD Bank App for any reason and at any time without notifying you in advance.
15.4 - Please note that we will suspend your access to the Secure Customer Portal and/or the TD Bank App if you do not log in to either the Secure Customer Portal or the TD Bank App for a period of six (6) months.
15.5 - If any of the events specified in this clause 15 of the Appendix occurs, this will not automatically end the Terms although it will mean that your ability to use the Services is significantly reduced. You or we will need to terminate the Terms in accordance with clause 12 of the Terms if you or we want to do so.
16.1 - You acknowledge that these Terms are between you and us and not with the app store provider (i.e. Google LLC or Apple Inc.). You agree that the app store provider and its affiliates, and any other relevant third party:
In these Terms, reference to: