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1. These terms and conditions
1.1 These are the terms and conditions of use for www.acenden.com
(the Site). The Site is operated by Acenden Limited (we, us
and our). We are a limited company, registered in England. Our registered
company number is 05381786, and our registered office is at St Johns Place, Easton
Street, High Wycombe HP11 1NL. Acenden Limited is a company authorised and regulated
by the Financial Services Authority (FSA Register No. 438372), licensed and regulated
by the Office of Fair Trading (No.0579989) Our VAT registration number is 446931528.
1.2 Your use of the Site will be subject to these terms and conditions and by using
the Site you agree to be bound by them.
1.3 We reserve the right to change these terms and conditions from time to time
by changing them on the Site. These terms and conditions were last updated on 22
2. Your products and our role
2.1 Acenden is a designated servicer of mortgages for third party lenders and subsequent
purchasers of the legal or beneficial interest in mortgages (both referred to here
simply as the Lenders). Our role is limited to servicing mortgages, and so
your mortgage remains with your Lender.
2.2 Although this Site enables users to manage their mortgage and other financial
products (the Products) online, all products remain governed by the relevant
terms and conditions between you and your Lender (the Product Terms). These
terms and conditions relate to our website only and are separate to the Product
3. Nature of payments made on this Site
3.1 Payments made on this Site are – in the same way as payments made by other methods
such as via telephone - subject to the Product Terms (and subject to any payment
plan we have agreed with you). All payments are in respect of debt owed between
you and your Lender for the relevant Product at the relevant time, although payment
to us via this Site will (subject to the Product Terms and all the terms and conditions
here and information on the Site) discharge against that debt.
3.2 Making a payment via this Site may attract charges under your Product Terms.
3.3 It can take up to five business days for payments to be applied to your Products
3.4 Payments are processed by our third party payment provider, currently Secure
Trading Limited (www.securetrading.com).
This provider processes the payments on our behalf in our role as mortgage servicer
to discharge debt between you and your Lender. Details of how this affects your
3.5 Payments cannot be reversed (this does not affect section 4.6
below regarding overpayments). Payments are made against debt owned to your Lender,
and are not made in respect of purchases of any goods or services, and as such are
not subject to the laws on Distance Sales to consumers.
4. Restrictions on payments
4.1 The facility to make payments via this Site is not available to all borrowers,
and may be withdrawn or changed at any time at our discretion. We will not have
to notify you of such changes but the Site will be updated to reflect them.
4.2 Even where the payment facility is available to you, you may be prevented from
using it for various reasons such as your being subject to a court hearing, being
in serious arrears, or in default of an agreed payment plan in relation to your
Product. This is in our discretion and our criteria may change from time to time
without notice to you.
4.3 Payments should only be made via a debit card registered to the name and address
of the holder of the relevant Product and we are entitled to reject a payment if
this is not the case. We may use third parties to verify this and so your details
may be passed to them for this purpose. Please see our
4.4 We do not accept credit card payments or payments from third parties and are
entitled to reject them.
4.5 The amounts you can pay via this Site may be restricted by us and/or your Lender
from time to time, either by reference to maximum payment amounts, maximum payments
over a period of time (such as £X per month) or other criteria. This remains at
our discretion and we do not have to notify you of any changes. The current restrictions
are set out on the relevant pages of the Site.
4.6 Any payments you make will only be applied to discharge your monthly payment
that is due and any arrears outstanding at the time of the payment. These amounts
can be seen in your mortgage account viewable on this Site and you should not make
payments in excess of these amounts. Any payments in excess of these amounts will
be treated as an overpayment and the overpaid balance will be held while we contact
4.7 Payments will be applied against your payment obligations in accordance with
the Financial Service Authority's rules and will not be applied to any capital
on the relevant Products (other than capital to be repaid on a repayment mortgage
as part of the monthly payment). If you wish to make additional capital repayments
please contact our Customer Services Department on the numbers available on the
Site. Any such payments will be treated as overpayments and the overpaid balance
will be held by us and we will contact you.
4.8 Payments may only be applied to one Product, and cannot be apportioned across
Use of this Site may attract charges from your Lender. A list of the current charges
is available on the tariff pages on the Site.
6. Content and accuracy of account information
6.1 The account information available via this Site will be correct as of close
of business on the previous working day (meaning a weekday on which the banks in
England are generally open for business).
6.2 We may change the format and content of the Site from time to time. You agree
that your use of the Site is on an 'as is' and 'as available' basis and at your
6.3 Whilst we try to make sure that all information contained on the Site is correct,
it is not intended to amount to authority or advice on which reliance should be
placed. Nothing on this Site amounts to advice or promotion in relation to any financial
service or product.
6.4 We make or give no representation or warranty as to the accuracy, completeness,
currency, correctness, reliability, integrity, quality, fitness for purpose or originality
of any content of the Site and, to the fullest extent permitted by law, all implied
warranties, conditions or other terms of any kind are hereby excluded. To the fullest
extent permitted by law, we accept no liability for any loss or damage of any kind
incurred as a result of you or anyone else using the Site or relying on any of its
6.5 We cannot and do not guarantee that any content of the Site will be free from
viruses and/or other code that may have contaminating or destructive elements. It
is your responsibility to implement appropriate IT security safeguards (including
anti-virus and other security checks) to satisfy your particular requirements as
to the safety and reliability of content.
7. Access to and availability of this Site
7.1 It is your responsibility to ensure your computer system meets all the necessary
technical specifications to enable you to access and use the Site and is compatible
with the Site.
7.2 We cannot guarantee the continuous, uninterrupted or error-free operability
of the Site. There may be times when certain features, parts or content of the Site,
or the entire Site, become unavailable (whether on a scheduled or unscheduled basis)
or are modified, suspended or withdrawn by us, in our sole discretion, without notice
to you. You agree that we will not be liable to you or to any third party for any
unavailability, modification, suspension or withdrawal of the Site, or any features,
parts or content of the Site.
8. Your details
You must ensure that any registration details you provide are accurate. If you choose,
or you are provided with, a log-on ID (such as a username and password or other
identifier) as part of our security procedures, you must treat such information
as confidential and must not reveal it to anyone else. You are responsible for all
activities that occur under your log-on ID and must notify us immediately of any
unauthorised use or other security breach of which you become aware. We reserve
the right to disable any log-on ID, at any time, if in our opinion you have failed
to comply with any of the provisions of these terms and conditions or if any details
you provide for the purposes of registering as a user prove to be false. Please
to how we may use your details.
9. General use of the Site
9.1 You may only use the Site for lawful non-commercial use and only in accordance
with these terms and conditions. You may retrieve and display content from the Site
on a computer screen, print and copy individual pages and, subject to the next section,
store such pages in electronic form. Additional terms may also apply to certain
features, parts or content of the Site and, where they apply, will be displayed
before you access the relevant features, parts or content.
9.2 You must only use the Site and anything available from the Site for lawful purposes
(complying with all applicable laws and regulations), in a responsible manner, and
not in a way that might damage our name or reputation or that of any of our affiliates.
9.3 Except to the extent expressly set out in these terms and conditions, you are
not allowed to:
- scrape this Site
- link to this Site
- attempt to circumvent security or interfere with the proper working of the Site
or the servers on which it is hosted, or
- attempt to use this Site or do anything else that amounts to a denial of service
9.4 All rights granted to you under these terms and conditions will terminate immediately
in the event that you are in breach of any of them.
10. Intellectual property rights
All intellectual property rights in any content of the Site (including text, graphics,
software, photographs and other images, videos, sound, trade marks and logos) are
owned by us or our licensors. Except as expressly set out here, nothing in these
terms and conditions gives you any rights in respect of any intellectual property
owned by us or our licensors and you acknowledge that you do not acquire any ownership
rights by downloading content from the Site. In the event you print off, copy or
store pages from the Site (only as permitted by these terms and conditions), you
must ensure that any copyright, trade mark or other intellectual property right
notices contained in the original content are reproduced.
11. External links
The Site may, from time to time, include links to external sites. We have included
links to these sites to provide you with access to information and services that
you may find useful or interesting. We are not responsible for the content of these
sites or for anything provided by them and do not guarantee that they will be continuously
available. The fact that we include links to such external sites does not imply
any endorsement of or association with their operators.
12.1 Nothing in these terms and conditions shall limit or exclude our liability
to you for death or personal injury caused by our negligence or for fraudulent misrepresentation
or any other liability that may not, under English law, be limited or excluded.
12.2 In no event shall we be liable to you for any business losses, loss of profits,
revenue, data, or goodwill or for any indirect or consequential losses.
12.3 These terms and conditions shall be governed by English law, and you agree
that any dispute between us regarding them or the Site will only be dealt with by
the English courts, provided that, if you live in a part of the United Kingdom other
than England or Wales, the applicable law of that part of the United Kingdom will
govern and any dispute will only be dealt with by the courts there. Nothing shall
prevent us from bringing proceedings to protect our intellectual property rights
before any competent court.
13. Contacting us
or any requests concerning your personal data by using our
online form, by telephone on 0845 601 3679 between the hours of 9am to 5:30pm,
Monday to Friday or write to us at St. Johns Place, Easton Street, High Wycombe