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 Conduct Authority. Our Group 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 11th September 2013.
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 Terms.
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
3.5 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.
4.4 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 you.
4.7 Payments will be applied against your payment obligations in accordance with the Financial Conduct 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 multiple Products.
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 sole risk.
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 content.
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
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 attack.
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