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Terms and conditions

Please read these terms and conditions carefully before using this site.


Terms of website use


Terms of website use

This site is for intermediaries only, members of the public should not use it or rely on any of the information on it and should use the main Atom website.

These terms (together with the documents referred to in them) tell you the terms on which you may make use of our website digitalmortgages.net (our Site). Use of our Site includes accessing or browsing our Site.

Please read these terms of use carefully before you start to use our Site, as these will apply to your use of it. We recommend that you download and save a copy of these terms for future reference.

By using our Site, you confirm that you accept these terms of use and that you agree to comply with them. If you do not agree to these terms of use, you must not use our Site.

Other documents you should read

These terms of use refer to the following additional provisions and policies, which also apply to your use of our Site:
  • Our Intermediary Terms of Business and Lending Criteria, which set out the terms on which we will accept business from an Intermediary.
  • Our Privacy Policy, which sets out the terms on which we process any data we collect from you, or that you provide to us. By using our Site, you and your client(s) consent to such processing and you warrant that all data provided by you is accurate.
  • Our Acceptable Use, which sets out the permitted uses and prohibited uses of our Site. When using our Site, you must comply with this Acceptable Use Policy.
  • Our Cookie, which sets out information about the cookies on our Site.
  • Our Network Lender Agreement and Procuration Fees Schedule which will be available from your Network.

What you need to know about us

digitalmortgages.net is a site operated by Atom Bank plc ("We"). We are registered in England and Wales under company number 08632552 and have our registered office at Northumbria House, Aykley Heads, Durham DH1 5TS. Our VAT number is 204140372.

We are authorised by the Prudential Regulation Authority (PRA) and regulated by the Financial Conduct Authority and the PRA. Our Financial Services Register number is 661960.

What happens if we need to change anything?

We may make changes to these terms and conditions. Please review these pages from time to time because any changes we make are binding on you.

Changes to our Site

We’ll always try our best to ensure the information on our Site is accurate and up to date. We may update our Site from time to time, and may change the content at any time. We recommend that you check on our Site from time to time to ensure you are up to date with any changes. We do not guarantee that our Site, or any content on it, will be free from errors or omissions.

Using our Site

Our Site is made available free of charge.

We do not guarantee that our Site, or any content on it, will always be available or be uninterrupted. Access to our Site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our site without notice. We will not be liable to you if for any reason our Site is unavailable at any time or for any period.

You are responsible for making all arrangements necessary for you to have access to our Site.

You are also responsible for ensuring that all persons who access our Site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

Copyright and trademark statement

All of our designs, logos and material are owned by or licensed to us and protected by copyright laws, including Atom, Atom Bank, Digital Mortgages by Atom Bank and the eight “A” marques which are registered trademarks of Atom Bank plc, with all rights reserved.

You may print off a copy, and may download extracts, of any page(s) from our Site for your personal use and you may draw the attention of others within your organisation to content posted on our Site.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of content on our Site must always be acknowledged.

If you print off, copy or download any part of our Site in breach of these terms of use, your right to use our Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

Using the information on our Site

Our products and services are available only within the UK and to UK residents. The products and services featured here cannot be guaranteed and may not always be available. They could be subject to change or withdrawal at short notice.

The information on our Site is not financial or professional advice and cannot be relied upon as such.

Liability

We’re not responsible if we don’t comply with any of the Terms and Conditions:
  • due to abnormal or unforeseen circumstances beyond our control, the consequences of which would have been unavoidable despite all efforts to the contrary;
  • where our failure to comply is due to our obligations under European or national law.
We’re not liable for business losses. We’ll have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any content on it, or on any website linked to it.

We assume no responsibility for the content of websites linked on our Site. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.

Viruses

We do not guarantee that our Site will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform in order to access our site. You should use your own virus protection software. You must not misuse our Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Site, the server on which our Site is stored or any server, computer or database connected to our Site. You must not attack our Site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Site will cease immediately.

Applicable law

These terms of use are governed by the law of England and Wales and if there is any disagreement about them, we each agree that this’ll be dealt with by the Courts of England and Wales.

Alternative formats

Our digital format goes a long way towards achieving full accessibility for all, but if you need these Terms of use supplied in another format, or if we can help you to use our services in any other way, simply contact us via the contact us button on the website or call us on 0333 990 055.

Privacy and your data

Sometimes, we use info held about you and your clients in the following ways.

Info you and your clients give to us

We will always use this info in the sincerest way, for example: to carry out our obligations to you and to provide you with information about other services we offer that are similar to those that you have already purchased or enquired about; or to keep you up to date about general Atom news. If you don't want us to use your data in this way, please email us

We treat yours and your client’s information with the greatest respect and will never share it with anyone else for marketing purposes. 

We’ll hold all confidential information in a secure environment and use security measures to protect data from unauthorised access, maintain data accuracy and to help ensure the appropriate use of data. These security measures include data encryption and digital signatures to ensure the continuing integrity of data, firewalls, intrusion detection systems, 24/7 physical protection of facilities, and strong security procedures across all service operations.When your clients download our App, we encrypt the transmission and storage of all biometric information as well as geographic location using widely-recognised, industry best-standard, security technologies and procedures.

Info we collect about you and your clients

This info helps us to administer our site. We also use it for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes; to improve our site to ensure that content is presented in the most effective manner for you and for your device.

By submitting your personal data, you agree to this storing or processing. We will of course take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this privacy policy. All information you provide to us is stored on secure servers. We do however need to point out that, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our site; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.

We provide full details to your clients of how we use their data in the course of a mortgage application in the mortgage declaration form that is available in your online portal.

Your rights

You and your clients have, of course, the right to ask us not to process your personal data for marketing purposes. We will always inform you (before collecting your data) if we intend to use data for such. You can exercise your right to opt out of marketing by contacting us. Our emails will also have an ‘unsubscribe’ option. Our site may, from time to time, contain links to and from other websites. If you follow a link to any of these websites, please be aware that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.

Changes to our privacy policy

Any changes we may make to our privacy policy in the future will be posted on this page and, where appropriate, notified to you by email. It’s a good idea to review these pages from time to time because any changes we make are binding on you.

Online security

Atom protecting you

We take security very seriously, especially when any of your data is involved and to help us do that we are using best-in-class security and are always looking for ways to improve it. We will do all that we can to protect your information/data.

You protecting you

Here are some basic tips on how to keep your information secure online.

Don’t reveal private information in response to an email, text, letter or phone call, unless you are certain that the request is from someone you are confident is genuine.

The basics


Don’t leave your device unattended in a public place while you are logged in. If you need to use public Wi-Fi, you can find tips on staying safe on the Get Safe Online site.

We also strongly advise you to never access or change your personal information if you are in a public place and always log out of any site when you are finished using it.

Your computer

We suggest that you install effective antivirus/antispy software and firewall and ensure they are running when you use your computer.

A secure connection 

Make sure you use a secure internet connection. Look out for the “https” at the beginning of the website address, as well as the padlock security symbol in the browser frame.

Scams and phishing 


Scams are designed to trick you into giving away information that could be used to steal your identity or defraud you. Phishing typically involves emails that are sent to many people pretending to be from a bank or other trusted organisation. They may try to trick you into going to a site, to update your password for example, but the site will be a fake. 

If you are unsure about any email you receive, don’t reply; just delete it. You can find guidance on using email safely at Get Safe Online.

Application terms and conditions (T&Cs)

Our T&Cs

Banking with Atom is straightforward, so our contract with you consists of four sets of T&Cs: App T&Cs; General T&Cs; Product T&Cs; and a product specific summary, based on the product you open. Please ensure you read all of these documents, so you understand the terms of our agreement with you.

These App T&Cs detail the agreement between you and Atom (‘we’/’us’) whenever you use the Atom Bank plc Mobile Banking Application (‘the App’). In downloading, installing, copying or otherwise using the App, you accept and are bound by these T&Cs in relation to your use of all Atom products and services accessed by, connected to or using the App.

Each condition of these T&Cs operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the other conditions will remain in full force and effect.

Compatibility

To use the App you’ll need either an Apple© or Android© device that meets our minimum operating system requirements. You can find a list of these on our FAQ (link below). If you’re unhappy with how this App will operate on your devices, you should stop using it and remove it from your devices straight away.

https://www.atombank.co.uk/faq

App use

We grant you a non-exclusive, non-transferable, royalty free Licence to use the App and the Biometric Software that we use to capture and validate ‘Your ID’ (defined below), as long as you stick to our T&Cs, and the rules or policies of the site you downloaded the App from. This Licence will govern any software upgrades or updates that we provide unless we issue a new Licence at the time of the upgrade or update.

You understand that you mustn’t distribute, publish or otherwise pass the App on to anyone else. You also understand that the app hasn’t been created just for your needs, but has been developed for general use.

When you download and use the App, Atom will have access to your Internet Protocol (IP) address; and when you use the App, it will connect via your data connection.

The App needs to access the camera and microphone on your device. It may also use your gallery, contacts and location for customisation and/or the provision of specific services.

The products and services available through this App are only available to UK residents. You may still be able to use the App if you’re temporarily overseas, but you might have difficulties installing updates. There are some countries where the App won’t work at all.

You agree not to:

  • Translate, adapt, vary, modify, violate, circumvent, reverse-engineer, decompile, disassemble, create derivative works or otherwise interfere with any element of the App, or assist another person to do so.
  • Use the App in any unlawful manner, for any unlawful purpose, in any manner inconsistent with these T&Cs, or act fraudulently or maliciously (e.g. by hacking into or inserting malicious code or harmful data into the App or any connected operating system).
  • Collect or harvest any information or data from the App or our systems or attempt to decipher any transmissions to or from the servers running any service.
  • Upload any content that is or may be considered violent, threatening, liable to incite racial hatred, in breach of confidence or privacy, discriminatory, defamatory, abusive, unlawful, pornographic, obscene, indecent, profane or which may cause annoyance or inconvenience.
We may terminate your use of Atom’s services including this App if you use it for any illegal or immoral purpose or commit a material or persistent breach of these T&Cs.

If you leave Atom we’d suggest that for privacy/security purposes you remove the App from all your devices. Before you do, you should save a copy of your account information (including your statements) for future reference.

From time to time we may update or modify the App:
  • To reflect changes in relevant laws and regulatory requirements; and/or
  • To implement minor technical adjustments and improvements.
We’ll let you know when upgrades are available for the App. Some of these upgrades may be compulsory if you’re to continue using the App; and some older versions of the App may become obsolete or cease to be supported over time.

We’ll assume you’ve obtained permission from the owners of any device you use but don’t own, to download or stream a copy of the App. Either or both of you may be charged by your service provider for Internet access on the devices.

By using the App, you’re allowing us to collect and use technical information about the devices and related software, hardware and peripherals for services that are Internet based or wireless. This’ll allow us to improve our products and to provide our services to you.

If we don’t insist that you perform your obligations under these T&Cs, it doesn’t mean you don’t have to. Similarly, if we don’t enforce our rights under these T&Cs, or we delay in doing so, it doesn’t mean we’ve given up those rights.

App security

When you download the App and register with Atom, we will collect three types of security information from you, which together make up ‘Your ID’:
  • A six-digit passcode;
  • A scan of your face (‘Face ID’); and
  • A recording of your voice (‘Voice ID’).
Your ID provides us with a secure way of verifying you every time you log into the App. Once you’ve set up Your ID, you’ll be able to select one of the three – passcode, Face ID or Voice ID – to log in and transact on your Atom accounts. There will also be times when we’ll ask you to use more than one of Your ID measures to complete specific activities.

You’re responsible for keeping your passcode and your devices safe, and you must tell us immediately if they’re lost or stolen, or you think someone may have accessed or tried to use your account(s). Please remember that we’ll never ask you to tell us your passcode, so you shouldn’t share it with anyone, even if you think they work for Atom.

You’re also responsible for taking reasonable steps to maintain the security of your device – we recommend you set up your device access security and install anti-virus software, where relevant.

Your vault

Once you’ve registered via the App, we’ll provide you with a secure space, which can only be accessed by you and us (your in-App ‘Vault’). This is where all your important documents will be kept, so you can access them whenever you need to by logging into the App using Your ID. This means your Vault is completely secure.

You’ll also be able to print or email any documents stored in the Vault should you need to.

Intellectual property rights

Except as set out below, we’re the owner of the Intellectual Property Rights in the software and the App. By Intellectual Property Rights we mean all vested, contingent and future intellectual property rights including but not limited to copyright, trade marks, service marks, design rights (whether registered or unregistered), patents, know-how, trade secrets, inventions, set-up, database rights and any applications for the protection or registration of these rights and all renewals and extensions thereof existing in any part of the world whether now known or in the future created to which the Licensor may be entitled.

The rights granted to you are subject to the Intellectual Property Rights in ConfidentID® which are the property of Daon and are sub-licensed to us globally by Computer Sciences Corporation or its Affiliates.

Apple, the Apple logo, iTunes and App Store are registered trademarks of Apple Inc.

© 2015 Google Inc. Android, Google Play and the Android and Google logos are registered trademarks of Google Inc.

Using your data

We will only ever use your Face ID and Voice ID for verifying your identity.

We use security measures to protect your data from unauthorised access, maintain data accuracy and help ensure the appropriate use of your data. These security measures include data encryption and digital signatures to ensure the continuing integrity of your data, firewalls, intrusion detection systems, 24/7 physical protection of facilities where your data is stored, background checks for personnel that access physical facilities, and strong security procedures across all service operations. These measures help ensure that your data is safe and secure. We encrypt the transmission and storage of your Face ID and Voice ID as well as your geographic location, using the highest standards of security technologies and procedures.

App availability

There will be times when we need to carry out planned maintenance on the App. When we do this, all or some of the features on your App might be unavailable for a period of time, so we’ll ensure we give you advance notice before we do this.

In the event of unplanned maintenance (for example, a technical fault or system error) we’ll make every effort to restore your service as quickly as possible.

We won’t be held liable for any consequence arising from the App being unavailable as a result of any technical issue that’s beyond our control. This includes unavailability of connectivity and technical issues with your devices.

App analytics

To make sure we’re offering you the best experience we can, we’ll record events within the App, including page dwell time, time to complete processes, and how you use the App. This may also include the use of location data, connectivity type and technical device specifications. We do this to help with any problems we may encounter, and also to monitor App usage and make improvements.

Liability

You may not always be able to access the App. We’re not responsible for any losses if you cannot do so (for example, if you can’t obtain a product at a stated price). We’re not responsible if the device you use to access the App or to send or receive information doesn’t work properly.

As far as the law allows, we don’t accept liability for any loss or damage arising out of your use or inability to use this App or its functionality; although nothing in these T&Cs shall be read as an attempt by Atom to limit its liability for death or personal injury as a result of its negligence or that of its employees.

We’re not liable for losses or costs caused by abnormal and unforeseeable circumstances outside our reasonable control and our efforts to the contrary (e.g. failures caused by industrial action, problems with another system or network, third party viruses or malware).

Need these in another format?

Our digital format goes a long way towards achieving full accessibility for all, but if you need these T&Cs supplied in another format, or if we can help you to use our service in any other way, simply contact us via the App, call us on 0333 399 0055 or email customersupport@atombank.co.uk.

Changes to these T&Cs

If we need to make any changes to these T&Cs, we’ll explain the changes 30 days before they happen, except where they are to your advantage (when we’ll make them straight away). This allows you to consider the changes and in most cases you’ll be able to close an impacted account if you’re not happy.

Applicable law

These T&Cs are governed by the laws of England and Wales and if there’s any disagreement about them, or between us about your account(s), we each agree that this’ll be dealt with by the Courts of England and Wales.

General terms & conditions (T&Cs)

Our T&Cs

Banking with Atom is straightforward, so our contract with you consists of four sets of T&Cs: App T&Cs; General T&Cs; Product T&Cs; and a product specific summary, based on the product you open. Please ensure you read all of these documents, so you understand the terms of our agreement with you.

These General T&Cs detail the agreement between you and Atom (‘we’/’us’) when you have an account with us.

Each condition of these T&Cs operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the other conditions will remain in full force and effect.

Our accounts

Our accounts are designed to be accessed through the Atom App and managed from your smartphone or tablet. In a small number of instances, you may need to do things by phone (e.g. accounts operated under a Power of Attorney).

You’ll need to download our App and register ‘Your ID’ (as described in our ‘App T&Cs’) before you can open an account. The App will guide you and our support team are available 24/7 if you have any difficulties – you can get in touch by phone (0333 399 0055), via Live Chat or by emailing customersupport@atombank.co.uk.

Eligibility & residence

To open an Atom account you’ll need to be at least 18 years old and a UK resident.

Once you’ve opened an account, you must let us know if you intend to live outside the UK. If your residence overseas will be for three years or less, you’ll be able to manage your account from outside the UK. If your residence overseas will be for more than three years, we’ll require you to close your account.

You won’t be able to manage your account from some countries. If you have any questions, please check with us by phone or email before you travel.

Verifying your identity

We’ll verify your identity when you become an Atom customer – usually when you open your first account (we call this ‘identification and verification’ or ‘ID&V’). We do this using an electronic search and while this will leave a ‘soft footprint’ on your credit file, it will not affect your credit history.

There are times when we may ask you to complete ID&V again (e.g. to keep our records up to date if you move house).

Communications

As a digital bank we’ll always aim to communicate with you in electronic format, which means telling you what you need to know within the App. There are times when we’ll send you messages by push notification, SMS or email outside the App – we’ll stick to your preference whenever we can.

We’ll always send important documents to you so you can refer back to them at any time. 

You can update your marketing preferences in ‘The Portal’ in the App.

Keeping us informed

It’s important that we have your correct contact details at all times. So if you change your name, address, mobile number or email address, please call 0333 399 0055 and let us know.


If you don’t tell us that your details have changed we’ll continue to use the information we hold. We can’t be responsible if this results in confidential information being misdirected. If we lose contact with you and have to try and find you, we may charge you for any costs incurred, so please keep us up to date.

Opening an account

Once you register as an App user, you can browse information about our accounts. Once you complete the ID&V process, you’ll be able to open an Atom account in the App (subject to eligibility). For most of our accounts, you can make product selections and complete the entire application process in the App. Currently, Atom accounts can only be operated as sole accounts (just you).

Payments in and out of your account

You can make a payment into your Atom account from another bank or building society. Simply use the sort code and account number you receive when you open your Atom account.

Most electronic transfers between banks and building societies are made by Faster Payments. The Faster Payments limit for making payments out of an Atom account is £100,000. Other financial institutions may have different limits, so you need to check with them to ensure any payments you’re making into your Atom account can be made in line with your instructions.

For more information about making payments in and out of our accounts, take a look in the Product T&Cs.

If we mistakenly make a payment into your account, we can take an amount equal to the mistaken payment from your account. We don’t need your permission to do this, but we will tell you what’s happened.

If someone else tells us they’ve accidently made a payment into your account we’ll tell you and ask your permission to return the funds. We’ll always ensure any dispute over the funds is fully resolved before moving the money out of your account.

As a new bank starting out, we’ll be using another bank to process payments on our behalf. NatWest will be providing this service for us.

What if you need someone else to operate your account?

We may be able to register a Power of Attorney for your account – please check the Product T&Cs for details. If we do this, your Attorney, rather than you, will receive all of the information about your account.

At this time, we’re only able to register a Power of Attorney for existing Atom customers. Administration of a registered account will be via our customer support team (rather than in the App). Please call us on 0333 399 0055 to discuss registering a Power of Attorney for your account.


If you need any support to operate your account due to a temporary or permanent change in your circumstances, get in touch and we’ll do all we can to help.

Changes to these T&Cs

If we need to make any changes to these T&Cs, we’ll explain the changes 30 days before they happen, except where they are to your advantage (when we’ll make them straight away). This allows you to consider the changes and in most cases you’ll be able to close an impacted account if you’re not happy.

We’ll only make changes to these T&Cs to:
  • reflect developments in our App or proposition (including our products / services); or
  • respond proportionately to changes in general law or decisions of the Financial Ombudsman Service; or
  • meet regulatory requirements; or
  • reflect new industry guidance or codes of practice which raise standards of consumer protection; or
  • proportionately reflect other legitimate cost increases or reductions associated with providing the particular product or service you use

Your right to cancel

Your right to cancel any arrangement you enter into with us will be based on the type of product you have. This is explained in detail within the Product T&Cs.

Our right to terminate

We reserve the right to close your Atom account(s), and withdraw your right to use the Atom App if:
  • Your account, or any of your money, is being used for fraudulent, illegal or immoral purposes, or we reasonably suspect it is; or
  • Your behaviour towards our people is improper, insulting, violent or threatening, making it difficult for us to continue dealing with you; or
  • You haven’t provided us with all of the information we require to open or operate your account; or
  • You weren’t entitled to open the account or use our service.

Contact us

If you experience any technical difficulties with opening or operating the Atom App or your account, our customer support team is available to help 24/7.

If you need to tell us something or ask a question please call us on 0333 399 0055, email customersupport@atombank.co.uk or contact us through Live Chat in the App.

You can also contact us via Twitter using @AtomHelp.

Got a complaint?

Our aim is to get everything right first time, all of the time, but no one’s perfect.

If you’re unhappy with any aspect of our service or want to complain, go to our complaints page and we’ll guide you through our complaints procedure. You can also make a complaint through our App. We’ll do our best to resolve your concerns, but if we can’t, or if we don’t deal with your complaint within 8 weeks, the Financial Ombudsman Service (FOS) may be able to help.

The FOS is an independent organisation, which helps to settle disputes. You can find out more on the FOS website.

Protecting your personal data

We’ll hold your confidential information in a secure environment. We use security measures to protect your data from unauthorised access, maintain data accuracy and to help ensure the appropriate use of your data. These security measures are detailed in our ‘App T&Cs’ and help ensure that your data is safe and secure. You’re responsible for maintaining the security and confidentiality of your passcode. We encrypt the transmission and storage of your Face ID and Voice ID as well as your geographic location using the highest standards of security technologies and procedures.

We treat the information you give us with the greatest respect and will never share it with anyone else for marketing purposes.

We’ll only use your data in the following ways:
  • To administer your accounts and provide appropriate services.
  • To obtain and develop credit-scoring profiles.
  • To suggest other Atom products or services that may be of interest to you.
  • To verify your identity when you register as a customer (ID&V).
  • To share with fraud prevention, anti-money laundering and credit reference agencies, regulators and government departments including HMRC where necessary for compliance, tax or audit purposes.
  • To carry out fraud prevention checks when opening new accounts. If false or inaccurate information is identified, we’ll pass it on to the credit reference and fraud prevention agencies. Law enforcement departments may access and use this information.
  • To prevent fraud and money laundering – e.g. the information provided to fraud prevention agencies may be used when checking applications for credit, credit-related or other facilities or for managing these accounts; for recovering debt; for checking insurance proposals or claims; and for checking details of job applicants or employees. Other organisations may also use your information for these purposes.
  • To carry out a credit reference agency search on you. If we complete a search as part of a mortgage or credit application, the agency we use will make a note on your record that a search has taken place (a ‘footprint’). Other providers who search your credit history may see this.
  • To securely share your confidential information with valuers, surveyors, solicitors, credit scorers and anyone else who needs to be involved to complete a mortgage application with us.

If you ever need to see details of any information we hold about you, you can submit a data subject access request by email or phone (0333 399 0055). We’ll act on your request as quickly as possible (and always within 40 days).

Need these in another format?

Our digital format goes a long way towards achieving full accessibility for all, but if you need these T&Cs supplied in another format, or if we can help you to use our service in any other way, simply contact us via the App or call us on 0333 399 0055.

Copyright and trademark statement

All of our designs, logos and materials are owned by or licensed to us and protected by copyright laws, including Atom, Atom Bank, Digital Mortgages by Atom Bank and the eight ‘A’ marques which are registered trade marks of Atom Bank plc, with all rights reserved.

Liability

Nothing in these T&Cs is intended to exclude or limit the liability of Atom in relation to fraud or in other circumstances where Atom’s liability may not be limited under any applicable law.

If we don’t fulfil these terms, we’re responsible for foreseeable loss or damage you suffer as a result of our breach, or our failure to use reasonable care and skill.

If we have supplied defective digital content, which damages a device or digital content belonging to you, we’re liable for that damage. We’ll either repair the damage or pay you compensation. We aren’t responsible for the cost of repairing any pre-existing faults or damage.

We’re not liable for business losses. We only supply the services to you for domestic and private use. We’ll have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

Applicable law

These T&Cs are governed by the laws of England and Wales and if there’s any disagreement about them, or between us about your account(s), we each agree that this’ll be dealt with by the Courts of England and Wales.

Mortgage terms and conditions (T&Cs)

Our Agreement

When you have a mortgage account with Atom, the Agreement between us consists of the following:
  • Your mortgage application;
  •  These T&Cs, our App T&Cs and our General T&Cs;
  • Your Mortgage Offer, detailing your mortgage and/or any additional borrowing;
  • Our Price List, which tells you about any fees or charges you may have to pay; and
  • The Mortgage Deed, or Standard Security if the Property is in Scotland.
Please read all these documents carefully and make sure you understand them before taking out a mortgage from Digital Mortgages by Atom bank, as your home may be repossessed if you don’t keep up repayments on your mortgage. If you have any questions, please contact us on 0333 399 0055.

Each condition of these T&Cs operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the other conditions will remain in full force and effect.

Declaration for Properties in Scotland

We, Atom Bank plc (registered number: 08632552; registered office: The Rivergreen Centre, Aykley Heads, Durham, DH1 5TS) hereby declare and set forth the conditions that may be imported, by reference to this document, into Standard Securities in our favour, as follows:

Jargon

We try not to use jargon, but the following words have a special meaning in these T&Cs:
  • We / us / our (whether capitalised or not) means Atom Bank, including our employees or agents (anyone acting on our behalf).
  • You / your (whether capitalised or not) means each borrower named in the Mortgage Deed, including any personal representatives and anyone to whom title to the Property passes. It also means all of you together if there’s more than one of you.
  • The Completion Date is the date on which our Agreement starts. This happens when you’ve signed the Mortgage Deed and we’ve paid the Loan (or the first instalment of it) to you or someone acting on your behalf (e.g. your solicitor).
  • The Loan means each amount of money we have lent to you, secured against a Property, as stated in the Mortgage Offer. This may include any additional borrowing and any other money you owe us, such as interest and unpaid fees and charges.
  • The Mortgage Offer means any written offer of a Loan provided to you, which results in a Loan being made to you.  
  • The Mortgage Deed is the legal document you sign to give us the Property as security for the money you owe us, and includes the Standard Security if the Property is in Scotland.
  • The Property means the property referred to in your Mortgage Offer as security for the Loan; references to it may include all or any part of the Property.

Summary of key T&Cs

  • Monthly payments: you must make the regular monthly payments stated in your Mortgage Offer. Your monthly payments are based on the type of mortgage we’ve offered you, the Loan amount, the Interest Rate and the mortgage term. We’ll always tell you in advance if your monthly payment is changing for any reason.
  • Interest rate: we’ll charge you interest on the Loan at the rate stated in the Mortgage Offer. Unless your Mortgage Offer states that your interest rate is fixed, it may change during the term of your Loan and you should ensure that you’re able to cover any increases. 
  • Charges: we may charge you for completing certain activities on your mortgage, services you ask us to provide or costs arising from your failure to comply with our Agreement. All our charges are in our Price List, which will be stored in your in-App Vault.
  • Your obligations: your mortgage is secured against the Property stated in your Mortgage Offer. You must keep it in a good state of repair, ask us for permission to complete certain activities and insure it.
  • Set-off: if you don’t pay any money you owe us when we ask for it, we can use money from any of your other Atom accounts to pay it. 
  • Actions we may take: if you breach these T&Cs, we can take certain actions, including repossessing or selling the Property.
  • A receiver: except if the Property is in Scotland, we may appoint a receiver to manage the Property if you fail to keep to our Agreement. The receiver will act on your behalf and you will pay their fees. 
  • Immediate repayment: these T&Cs explain when we can ask for full immediate repayment of the Loan. Failure to provide immediate repayment on request may result in us repossessing your Property.

Account holders

Mortgages from Digital Mortgages by Atom bank can be opened as a sole account (just you) or as a joint account (you plus one other person). If there’s more than one of you, our Agreement applies to all of you together and to each of you on your own; and each of you can be held fully responsible for keeping to it.

There are some situations where we’ll ask all of you to confirm you’re happy before we go ahead – e.g. additional borrowing, porting or changing ownership of the Property. You can find more information about joint accounts in our General T&Cs.

Once a mortgage account is open, we can register a power of attorney for it. Please call us on 0333 399 0055 if you need to set this up.

Guarantors

If you have a guarantor on your mortgage, please make sure they’ve read all the documents that form our Agreement, as they are as responsible as you for meeting your obligations. If we make any special arrangements with you, this doesn’t affect your Guarantor’s obligations to us.

A guarantor will be responsible for making any payments you don’t make and for full immediate repayment in some cases, so they must take independent legal advice before they sign any documents relating to your Loan.

If there’s more than one guarantor, they’re each individually responsible for all relevant obligations under our Agreement. The guarantor will only be responsible for the original Loan unless they’ve agreed to act as guarantor for any additional borrowing.

The guarantor agrees that they won’t progress any claim against you until all money due to us under our Agreement has been repaid in full.
By entering into the Agreement, you are allowing us to share details of the mortgage with your guarantor.

Eligibility

You must be at least 18 years old, meet our lending criteria and be a UK resident to have an Atom mortgage.

Changes to these T&Cs

If we need to change these T&Cs, we’ll give you 30 days’ notice so you can consider the proposed changes in advance, except where they are to your advantage (when we’ll make them straight away).

If you’re not happy with the changes, you can repay the Loan. Your Mortgage Offer will confirm if there are any charges for doing so (e.g. early repayment charge). 

We’ll only make changes to these T&Cs:

  • To reflect developments in our App or proposition (including our products/services);
  • To respond proportionately to changes in the law or decisions of the Financial Ombudsman Service;
  • To meet regulatory requirements;
  • To reflect new industry guidance and codes of practice which raise standards of consumer protection;
  • To proportionately reflect legitimate cost increases or reductions associated with providing the particular product or service you use;
  • To ensure we are being fair to all our customers; and/or
  • To respond to changes in general banking practice for the benefit of all consumers.
We’ll only do this if we reasonably expect to be affected by one of the above reasons.

Need these in another format?

Our digital format goes a long way towards achieving full accessibility for all, but if you need these T&Cs supplied in another format, or if we can help you to use our service in any other way, simply contact us via the App or call us on 0333 399 0055.

YOUR LOAN

Terms 9 to 22 relate to this section, "Your loan".

Opening your mortgage account

If we offer you a mortgage, you must confirm in the App that you have read and accept both these T&Cs and your Mortgage Offer before your Completion Date.

You must install the Atom App to service your mortgage. We will not release the funds for your Property purchase until you have downloaded the App and accepted these T&Cs and your Mortgage Offer.

Please refer to the App T&Cs and General T&Cs to find out more about using the App.

Payments

Paying back your mortgage

You must make the payments set out in the Mortgage Offer by direct debit until your Loan is repaid. You must repay the Loan to us (a) by the last day of the mortgage term; (b) if you sell or remortgage the Property; or (c) if we demand immediate repayment. If you still owe us money at the end of your mortgage term, we’ll continue to charge you interest and you may also have to pay some additional charges (see our Price List for details).

If you have a “repayment mortgage”, each of your payments will cover that month’s interest and some of the original amount you borrowed. We’ll calculate your payments to make sure the whole Loan (including interest) will be paid off by the end of your mortgage term.

If you have an “interest only mortgage”, your monthly payments will only cover the interest we’re charging you, so you’ll need to make a lump sum payment at the end of your mortgage term to repay the Loan in full. It’s your responsibility to make sure you can meet this obligation.

If your mortgage is part repayment, part interest-only, you will still owe the interest-only amount of your Loan at the end of the mortgage term, when you’ll need to make a lump sum payment to repay it. It’s your responsibility to make sure you can do this.

If you pay less than you owe us in any given month, we will apply the amount we receive in the following order: (a) towards any arrears; (b) towards any interest and charges; then (c) towards the rest of the Loan.

If we, or where relevant, a receiver sell the Property, you must pay us any shortfall between the sale proceeds and the amount you owe us. If the shortfall is not paid immediately we will apply interest at the Interest Rate until it is paid.

Your monthly payments

During the application process, we’ll ask you to choose your monthly mortgage payment date – you can choose any date between 1st and 28th of the month (inclusive). If you don’t specify a date, we’ll automatically collect your monthly payments on the date of the month your mortgage completes – e.g. if it completes on the 16th of the month, we will collect your monthly payments on the 16th of each month. If your monthly payment date is the 29th, 30th or 31st and that date doesn’t appear in any given month, we’ll collect your payment on the last day of that month – e.g. if your payment date is the 30th, we’ll collect it on the 30th day of each month except February, when we’ll collect it on the last day of the month.

If your payment is due on a weekend or bank holiday in any given month, we’ll collect it on the next business day after the due date.

Your first monthly payment may be higher or lower than your usual payment, depending on the time between your Completion Date and the due date of your first payment.

When we complete your mortgage, we’ll put a document in your Vault (in the App) to confirm the amounts and collection dates for your monthly payments. If your monthly payments change for any reason, we’ll put an updated document in your Vault.

If your direct debit payment fails for any reason, we may charge you (see our Price List for details), though we’ll only ever do this once in any month.

Changes to your monthly payments

You can ask to change your payment date via the App. We’ll usually only allow you to change it once in any six-month period, unless you’re experiencing financial difficulties, in which case you should contact us straight away. If you change your payment date, your next payment may be higher or lower than usual– we’ll tell you about this and put a new confirmation document in your Vault.

We may change your monthly payment if:
  • The Interest Rate changes;
  • The balance of the Loan changes (e.g. charges are added);
  • Your mortgage term changes;
  • We need you to reimburse us for any charges we’ve paid on your behalf as a result of your non-payment (e.g. ground rent); or
  • There is any compulsory change in law or regulation.
In any of these cases, we will assess the ongoing affordability of the Loan and act reasonably, based on the information available to us. We’ll notify you of our decision and if your payment’s changing, we’ll put a confirmation document in your Vault at least 10 days before the first new payment is due.

Statements and tax certificates

You can access your account and check your balance at any time via the App. We’ll put your mortgage statement in your in-App Vault every year on the anniversary of your Completion Date (except if that date’s 29 February, when your statements will be issued annually on 28 February) and confirm by email or SMS that it’s there.

We can provide statements and tax certificates on an ad hoc basis for specific circumstances – you can request one by contacting us at any time.

Interest

From your Completion Date until the date the Loan is fully repaid, interest will be calculated daily and charged monthly at the Interest Rate stated on:
  • The Loan balance; 
  • Any interest you owe and haven’t paid on time; 
  • Any charges you’ve chosen to add to your mortgage; and 
  • Any charges we’ve paid on your behalf as a result of your non-payment (e.g. ground rent).
Unless we agree otherwise, we’ll add interest to your account every month, on your payment date. We will act reasonably in doing so – for example, we may assess affordability before adding unpaid interest to the Loan.

We may increase your Interest Rate if your use of the Property affects the value of our security in it, you let out the Property without our permission, you move out of the Property or you allow someone else to have rights in it.

If we change your Interest Rate for any reason, we’ll give you advance notice of your new payments and put a new confirmation document in your Vault.

Fixed rate mortgages

If you’re on a fixed rate mortgage, it means your Interest Rate and your monthly payments will be fixed for the period of time stated in your Mortgage Offer.

At the end of the fixed term, the Interest Rate will automatically change to our Standard Variable Rate, which may be higher or lower than your initial fixed rate (see ‘Our Standard Variable Rate’). 

Our Standard Variable Rate (SVR)

You can find details of our current SVR on our website.

As our SVR is a variable rate managed by us, it can go up or down; so if you’re on our SVR, this means your monthly payments may also go up or down.

We may change our SVR at any time without giving you notice. If your monthly payment will change as a result, we’ll give you at least 10 days’ notice of your new payments and put a new confirmation document in your Vault.

Subject to any specific terms in your Mortgage Offer, we can increase our SVR at any time if we reasonably believe it’s necessary to:
  • Reflect a change in the Bank of England base rate;
  • Reflect changes to the law, regulatory requirements or any relevant code of conduct or practice;
  • Reflect changes in the cost to us of borrowing funds; 
  • Maintain our financial strength in the interest of all our customers; or
  • Address risks to our business that arise as a result of any significant changes in the economic environment.
If you’re not happy with the change, you can repay the Loan in full. Your Mortgage Offer will confirm if there are any charges to do so (e.g. early repayment charge).

Charges

The fees and charges linked to your mortgage are set out in our Price List, which we’ll put in your Vault with your Mortgage Offer and every year during your mortgage term. It is also available on our website.

The specific charges stated in your Mortgage Offer form part of the price of your Loan. These will usually be connected to specific costs for the operation of the Loan or to provide a service in connection with the Loan, to you or someone else.

There are also a number of costs which may arise during the term of the Loan – usually because you ask us to do something or you do not keep to your obligations under our Agreement. We’ll tell you if you ask us to do something that incurs a charge.

Examples of charges:
  • Operational charges: include charges to discharge our security, release title deeds, or change the terms of the Loan or mortgage at your request.
  • Legal costs: include the costs of setting up the mortgage over the Property to secure the Loan.
  • Costs to safeguard our security: include charges to cover any legal proceedings and costs relating to the mortgage; exercising any of the rights or powers given to us by law or these T&Cs; recovering any of the outstanding balance; and insuring the Property.
  • Arrears charges: include administration charges that may be payable to cover our costs if your Loan account falls into arrears. While arrears administration fees may be added to your Loan balance, we will not apply interest to them. Legal costs may also be charged and added to your Loan balance.
If you do not pay a charge within seven days of the due date, we may add it to your Loan balance if it is reasonable to do so. If we do add a charge to your Loan, we’ll charge interest on it at the Interest Rate until it is repaid. We’ll also tell you if this changes your monthly payment; and if any of your Loan is on a “repayment mortgage”, we’ll recalculate your payments to make sure the whole amount (including interest) will be paid off by the end of your mortgage term.

Changing our charges

We may change our charges at any time if it is reasonable to do so. If the change is not to your advantage (e.g. if we increase a charge or introduce a new one), we will only make the change for one of the following reasons:
  • To reflect changes to the law, regulatory requirements or any relevant code of conduct or practice; or
  • To reflect changes in the costs of providing your Loan, including the services and features available on it (which includes changes in technology we use).
If we make a change to the charges, we’ll tell you 30 days in advance and put the updated Price List in your Vault.

Overpayments

If your Mortgage Offer says there’s an overpayments feature on your mortgage, you can repay a certain percentage of your outstanding Loan every year without having to pay an early repayment charge.

Lump sum overpayments

If you make a lump sum overpayment, you won’t be able to get it back and your monthly payments will stay the same unless you ask us to change them. Lump sum payments are applied in the following order: first, towards any arrears; then towards any interest and charges; then towards the rest of the Loan.

Regular overpayments

You can ask us to change your direct debit amount to include a regular overpayment at any time, though it will take us five business days to make the change. You can also change your overpayment amount or go back to your usual monthly payment at any time, by giving us five business days’ notice.

If you’re on a variable rate and you make regular overpayments, things can be a little more complicated. If your usual monthly payment goes up, we’ll only increase the amount we collect from you if it’s more than your monthly overpayment. For example:
  • Your usual monthly payment is £500.
  • You pay £600 each month, making a regular overpayment of £100).
  • Your Interest Rate goes up so your usual monthly payment increases to £540.
  • We’ll continue to collect £600 per month, so your regular overpayment will be £60.
If your usual monthly payment goes down, we’ll check with you to see what you want to do. If we don’t hear from you, we’ll leave your monthly payment the same (which means the amount of your regular overpayment will increase).

Switching your mortgage

You can ask to switch all or part of your Loan to a different Atom mortgage product at any time, though you’ll have to pay any charges detailed in your Mortgage Offer (e.g. early repayment charges). If we agree to the switch, your monthly payment may change and the T&Cs relating to the new product will apply from the completion date of your switch.

Borrowing more money

If at least 6 months has passed since your Completion Date, you can apply to borrow more money from us, via your intermediary. We’ll base our decision on your personal circumstances, our current lending criteria, credit reference agency searches and a re-valuation of your Property.

If we agree to offer you additional borrowing, it will be treated as a new loan – so different terms may apply (e.g. interest rate; product fee). We’ll explain all of these new terms to you when you apply, so you can decide whether or not you want to go ahead.

Porting your mortgage

If at least 6 months has passed since your Completion Date and your mortgage is “portable”, you can transfer it to another property you want to buy.

If your Mortgage Offer says you can port, we’ll agree as long as: 
  • You and your new property meet our current lending criteria; 
  • You are not in breach of any Loan agreement;
  • You tell us you want to port before closing your existing mortgage; and 
  • Your new mortgage starts within 90 days of closing your existing mortgage.
If your new mortgage will be for a lower amount than your existing Loan, you may have to pay an early repayment charge (check your Mortgage Offer for details). If your existing mortgage is closed before your new mortgage starts, you will have to pay any early repayment charges, though we’ll refund these on completion of your new mortgage. If your new mortgage will be for a higher amount than your existing Loan, you can apply for additional borrowing (see “Borrowing more money”).

Changing account holders

You can ask to add or remove a mortgage account holder at any time – this is called a “transfer of equity” and is treated like a new mortgage application. We’ll base our decision on your personal circumstances, credit reference agency searches and our current lending criteria.

If you want to borrow more money when you transfer equity, you’ll need an intermediary to submit your application. If you want to reduce your Loan when you transfer equity, you may have to pay an early repayment charge (check your Mortgage Offer for details).

A transfer of equity may involve some charges – see our Price List for details.

Selling part of the Property

As we have an interest in your Property, you must ask our permission before you can sell any part of it. We’ll make our decision on whether to approve based on the impact we think it’ll have on the value of our security in your Property. We may need to re-value the Property and you may have to pay some charges – see our Price List for details.

If we agree to the sale, we may require you to use all or part of the sale proceeds to repay your Loan.

Letting the Property out

Unless your Mortgage Offer states otherwise, the Property must be your main residence and should not be let or sub-let without our permission.

You can ask for “Consent to Let” at any time if you want to let out some or all of the Property. We’ll base our decision on your personal circumstances and our current lending criteria; and we may need to complete a rental valuation on the Property, which you may have to pay for - see our Price List for details.

If we agree that you can let the Property out, we may increase your Interest Rate or charge a Consent to Let fee, to reflect the increased risk involved in rental properties – see our Price List for details.

Buy to Let mortgages

If you have a Buy to Let mortgage with us, the following additional T&Cs apply to you:
  • You must tell us if the Property is vacant for 3 consecutive months at any time during the mortgage term;
  • You must only let the Property out as a whole under one tenancy agreement on terms that will not negatively impact on the nature or value of the Property (except if the Property is in Northern Ireland, this should be under an assured shorthold tenancy or company let for 12 months or less); 
  • Every time you let the Property, you must put a valid tenancy agreement in place and ensure that the tenant(s) comply with it;
  • You must ask our permission before you, your partner and/or any family member lives in the Property; and
  • At the end of every letting, you must do all you can to re-let the Property as soon as possible, comply with any insurance terms relating to the Property being empty and, where relevant, put vacant property insurance in place.

Transferring the Loan

We have a right to transfer our interest in the Loan and the Mortgage Deed to another party at any time on terms we decide. If we ever do this, we’ll give you at least five days’ notice of the change and ensure the transfer will not reduce your rights under the Loan Agreement.

Unless the terms of the transfer state otherwise, all the rights, powers and remedies we’re able to exercise before the transfer will pass to the person/company we transfer the Loan to.

You agree that if we transfer our rights to someone else, the Agreement you’ve entered into with us will pass to that person/company and your responsibilities will be to them from that point on. You also agree that we may share any information about you, your mortgage account and any related securities with that person/company. Any reference to "we" and "us" in our Agreement means a reference to any person/company to whom our rights are transferred.

YOUR COMMITMENTS TO US

Terms 24 to 26 relate to this section, "Your commitments to us".

Security

We’ll secure the Loan against the Property, to protect us in case you don’t keep to your obligations under our Agreement and we need to take certain steps to enforce the security (see “Action we may take”).

The security over your Property may be for more than the amount you owe us under the Loan. For example, it may include amounts you owe us under any other agreement (other than agreements that are stated to be regulated by the Consumer Credit Act 1974).

Taking care of the Property

As we have an interest in your Property, we need to know you’re taking good care of it, so you agree that during your mortgage term, you will:
  • Keep the Property, utilities and heating system in good condition and carry out all necessary repairs; 
  • Ensure that any unfinished building or works on the Property are completed without delay and to the required standard;
  • Use the Property for residential purposes as a single private dwelling;
  • Live in the Property yourself, unless you have a Buy to Let mortgage or we've agreed in writing that you may let the Property out;
  • Insure the Property in accordance with our Agreement;
  • If the Property is in Northern Ireland, ensure that any compensation payable in respect of damage to the Property under the Criminal Damage (Compensation) (Northern Ireland) Order 1977 (or any other statute then in force) is claimed within applicable timescales;
  • Except if the Property is in Scotland, comply with all of the tenant’s obligations under the lease, if the Property is leasehold;
  • Pay all existing and future rents, taxes, outgoings and rent charges affecting the Property;
  • Send us a copy of any notice or other document affecting the Property within 14 days of receiving it from anyone claiming a legal right over the Property; or any government department, local or other authority;
  • If the Property is in England or Wales: send us a copy of any notice or other document affecting the Property within 14 days of receiving it from a landlord, if the Property is leasehold; a rent charge owner, if the Property is subject to a rent charge; or a commonhold association, if the Property is commonhold;
  • If the Property is in Northern Ireland: send us a copy of any notice or other document affecting the Property within 14 days of receiving it from a landlord, if the Property is leasehold; a rent charge owner, if the Property is subject to a rent charge; or a grantor, if the Property is held under fee farm grant.
  • Allow us and/or a receiver (where relevant) to enter the Property, following reasonable written notice, so that we may value it, inspect the condition of it and/or complete any work which is needed to put right your failure to comply with our Agreement;
  • Comply with all laws, regulations, obligations and restrictions relating to the Property including those applicable to you as the landlord if you have a Buy to Let mortgage;
  • Pay all applicable taxes and charges relating to the Property;
  • Store any title deeds for the Property safely and send them to us if we ask you to;
  • Work with us and/or a receiver (where relevant) if it’s necessary to take anyone to court in connection with the Property;
  • Give us and/or a receiver (where relevant) any information we reasonably ask for about the Property or any guarantor.

Our consent
You must obtain our written agreement before you do any of the following:
  • Leave the Property empty for more than one month;
  • Change the Property’s use or allow it to be used for a trade, business or other non-residential purpose;
  • Let the Property out or give anyone any right to occupy or live in it;
  • Apply to a local authority (or similar body) for any loan or grant for improvement of the Property – this is because it may be subject to conditions such as full repayment if you don’t live in the Property for a certain period;
  • Transfer, assign, mortgage, sell, obtain an extended lease of or otherwise deal with or give away the Property or any part of it;
  • Alter, extend or change the structure of the Property; 
  • Accept the surrender of any lease or tenancy of the Property other than any tenancy we have agreed to under our Agreement;
  • If the Property is in Northern Ireland, let anyone create any new restriction, obligation or overriding interest over the Property (as specified in the Land Registration Act (Northern Ireland) 1970, as amended);
  • Negotiate, give up or agree to any compensation relating to the Property.
We won’t withhold or delay giving you our consent unless we have a good reason to so, in which case, we’ll explain that to you in writing.

Insuring the Property

You must make sure you have buildings insurance in place for the Property at all times. 

Where you insure the Property, you must maintain a comprehensive policy against all usual house insurance risks including fire, explosion, earthquake, storm, flood, escape of water or oil, subsidence, heave, landslip and malicious damage. The policy must cover full reinstatement of the Property, including clearing the site and paying all fees and expenses. You must also give us proof of payment of the premiums if we ask for it.

If the Property is in England or Wales: if the Property is leasehold and the terms of the lease mean it is insured along with other properties, you won’t need to insure it as long as we (or our legal advisers) have approved the policy and confirmed the insurance is in force. You must ensure the Property remains covered against all usual house insurance risks for the cost of full reinstatement.

If the Property is in Scotland: if the Property is part of a larger building and is insured along with other properties on a common policy, you won’t need to insure it as long as we (or our legal advisers) have approved the policy and confirmed the insurance is in force.

If the Property is in Northern Ireland: if the Property is leasehold or held under fee farm grant and the terms of the lease or fee farm grant mean it is insured along with other properties, you won’t need to insure it as long as we (or our legal advisers) have approved the policy and confirmed the insurance is in force. You must ensure the Property remains covered against all usual house insurance risks for the cost of full reinstatement.

If you fail to insure the Property we may insure it on your behalf. We’ll choose the insurers and maintain a comprehensive policy against all usual house insurance risks for the cost of full reinstatement of the Property; and you will pay the premiums when we ask you to.

You will not act or fail to act in any way to make the insurance invalid, make it more difficult or expensive to arrange, or affect the ability to make a claim under the policy.

We may settle and adjust any claims against the insurers of the Property on your behalf. In the event of any successful claim on the policy, we may receive any money paid out; and if you receive it, you must hold it separate from your other funds on our behalf. We can choose whether to use any pay-out to rebuild or repair the Property or to reduce or pay off the Loan, as long as we act reasonably to protect our security.

IF THINGS GO WRONG

If your circumstances change or you’re finding it difficult to make your monthly payments, please contact us as soon as possible so we can work together to find a solution.

You can contact us via the App or call us on 0333 399 0055 to tell us about any difficulties you’re having. In some cases, you’ll be able to use the App to make arrangements to avoid missing payments or to deal with any payments you’ve already missed.


Terms 28 to 33 relate to this section, “If things go wrong“.

Set-off

If you fail to make a payment on your Loan or any other loan with us, the “right of set-off” means that we may collect the money you owe us from any other sole or joint Atom account in your name.

We will tell you (and any joint account holder) before we use our right of set-off and contact you as soon as possible after we’ve used it to confirm how much we collected.

If you have loans secured against more than one Property and you miss any payment, we (or where relevant, a receiver) may collect the money you owe and hold it in an interest-bearing suspense account for a reasonable time. We are not obliged to use any part of that money to pay off the outstanding Loan. This term will not apply if the Property is your primary residence.

Immediate repayment

In certain circumstances – often referred to as “default events” – we may ask for full immediate repayment of your Loan. We will only do this if: 
  • Your Loan is secured on your primary residence and you have failed to make two or more monthly payments;
  • Your Loan is secured on a Property which is not your primary residence and you have failed to make one or more monthly payments, or any other sums are due to us and you have not paid them; 
  • You materially or persistently fail to comply with your obligations under our Agreement;
  • You are made bankrupt;
  • You enter or plan to enter into an arrangement with your creditors; 
  • The Property is compulsorily acquired (e.g. a local authority forces you to sell it to them); or
  • You die, or in the case of a joint account, the last surviving one of you dies.

While we’ll always try to work with you to agree a way forward, if a default event occurs and we’re unable to agree a solution with you, we may demand immediate repayment of your Loan in writing and you will be legally required to pay it back.

In this situation, we may exercise our legal rights, which include the option to repossess and sell the Property; to appoint a receiver (except if the Property is in Scotland); and to let the Property and use any rent received to pay the Loan.

If we obtain a Court judgment against you for repayment of all or part of the Loan, you will pay interest on the judgment amount at the Interest Rate or a rate set by the Court.

If you have Loans relating to more than one Property and you tell us that you intend to repay just one of them, we can require you to pay any part of the outstanding Loans at the same time. This term won’t apply to a Property that is your primary residence; and does not affect your right to repay any agreement regulated by the Consumer Credit Act 1974.

Appointing a receiver

Except if the Property is in Scotland, if you fail to keep to our Agreement, we may appoint a receiver to manage the Property. Although we will appoint the receiver, they will act on your behalf and you will have to pay their fees.

Where joint receivers are appointed, each of them may act separately and independently, unless the document appointing them states otherwise.

We will agree the fees for the receiver’s services and you’ll be responsible for paying them. We (or a receiver) may also employ and pay agents to undertake some duties.

Action we may take

We have rights to deal with the Property in certain ways if you fail to keep to our Agreement or don’t respond to a reasonable demand for immediate repayment. 

To protect our position as your lender and the Property as security for the Loan, we (or where relevant, a receiver) may:
  • Generally manage the Property, including collecting and receiving rent, arranging repairs and maintenance, ensuring compliance with local authority requirements, arranging or renewing insurance and serving notices under relevant housing legislation;
  • Repossess the Property, taking any action or proceedings necessary to do so; 
  • Sell the Property on such terms as we think fit (always obtaining the best price in the circumstances), whether we have taken possession or not;
  • Let or sub-let the Property and vary, renew, terminate, surrender or accept surrenders of leases, tenancies or licences over the Property on such terms as we think fit (including rent and payment);
  • Except if the Property is in Scotland, sell any freehold or leasehold reversions; and
  • Exercise all the powers and duties current law and best practice give a landlord, on your behalf and without prior notice or consent, without having any resulting liabilities or responsibilities to you.
If we (or where relevant, a receiver) repossess the Property, you must remove all personal items including furniture (“moveable property”) from it within seven days. You must not remove any fixed items from the Property without our written agreement.

You agree that we (or where relevant, a receiver) may deal with any moveable property that’s not removed within seven days as your agents and at your expense. This includes removing and storing anything that we know does not belong to you; and selling or disposing of anything that does belong to you. We (or where relevant, a receiver) will give you any proceeds received less all expenses of the sale.

If the Property is in England or Wales, the Law of Property Act 1925 (“the 1925 Act”) sets out certain rules about the appointment of a receiver and the enforcement of security. Typically, mortgage lenders disapply some of those rules and we do that as follows:
  • Section 109(8) of the 1925 Act is amended to allow a receiver to pay any money you owe in the priority order that we and the receiver reasonably agree, rather than a specific order set out in those rules;
  • Sections 99, 100 and 103 of the 1925 Act set out some specific powers about dealing with a Property, but we or a receiver are able to dispose of the Property in any way we see fit, provided it does not breach our Agreement.
If the Property is in Northern Ireland, the Conveyancing and Law of Property Act 1881 (“the 1881 Act”) sets out certain rules about the appointment of a receiver and the enforcement of security. Typically, mortgage lenders disapply some of those rules and we do that as follows:
  • Section 24(8) of the 1881 Act is amended to allow a receiver to pay any money you owe in the priority order that we and the receiver reasonably agree, rather than a specific order set out in those rules;
Sections 3, 18 and 20 of the 1881 Act set out some specific powers about dealing with a Property, but we or a receiver are able to dispose of the Property in any way we see fit, provided it does not breach our Agreement.

Please ask your legal adviser if you require further information.

Acting on your behalf

We (or where relevant, a receiver) may take certain action on your behalf to protect our security over the Property. You appoint us (and where relevant, any receiver) to be your attorney for these purposes for as long as the Loan is in force. This means we (and where relevant, a receiver) are legally entitled to act on your behalf.

If there are two or more of you then you agree that we will be attorney for one of you and a person authorised by us will act as attorney for the other(s) as necessary.

As your attorney, the actions we (or where relevant, a receiver) are authorised to carry out include:
  • Signing and completing any document to correct any defect in your title to the Property or in the Mortgage Deed;
  • Transferring your share or interest in any residents' society or management company, or your legal or beneficial interest in the freehold or leasehold reversion of the Property, when we exercise our powers to sell or lease the Property;
  • Entering into any variation of your title to the Property to protect or enhance our security; and
  • Where relevant, settling any claim made by your landlord, resident’s association management company or commonhold association or your rent charge owner, to reasonably protect our security or maintain its value, even though you may dispute the sum claimed.

Compensation from third parties

In some circumstances, you may be entitled to compensation from a third party, for example:  
  • For defects or damage relating to the Property or the title to it; or
  • For a breach of contract or wrongful act or omission which may have caused damage to the Property or to the title to it.
If you receive such compensation, you may use it either towards repairing the damage or defects or towards payment of the Loan.

THE LEGAL STUFF

Terms 35 to 37 relate to this section, “The legal stuff“.

Applicable law

If the Property is in England or Wales: these T&Cs are governed by the laws of England and Wales and if there’s any disagreement about them, or between us about your account(s), we each agree that this will be dealt with by the Courts of England and Wales.

If the Property is in Scotland: these T&Cs are governed by the laws of Scotland and if there’s any disagreement about them, or between us about your account(s), we each agree that this will be dealt with by the Scottish Courts.

If the Property is in Northern Ireland: these T&Cs are governed by the laws of Northern Ireland and if there’s any disagreement about them, or between us about your account(s), we each agree that this will be dealt with by the Courts of Northern Ireland.

Notices

If we have to tell you something we may do so:
  • Via the App  - e.g. by in-App secure message or via your Vault;
  • By SMS to your last known mobile number or by email to your last known email address;
  • By post to your last known address.
Notice is considered to be received on the day the message is sent by SMS, email or in-App; or on the second working day after it’s sent in the post.

Enforcing our Agreement

If we don’t enforce any of our rights under our Agreement, or we delay in doing so, it doesn’t mean we’ve given up those rights.

No person other than a party to our Agreement may enforce any rights under it (where relevant, under the Contracts (Rights of Third Parties) Act 1999), unless we transfer our rights and obligations under the Agreement.

Intermediary terms of business (Terms)

In this document:
 
We / us / our means Atom Bank plc of Northumbria House, Aykley Heads, Durham DH1 5TS;
 
You / your means an intermediary who is a member of our Panel, when referring mortgage business to us;
 
App means the application designed for mobile devices developed by Atom Bank plc;
 
Biometric Information means the binary representation of your client’s face and voice that are used in the registration and log-in process for our App;
 
Network means a group of intermediaries working under a common brand;
 
Panel means those Networks who we have selected to make our mortgages available to

Background

To submit Decision in Principle (DIP) requests or mortgage applications to us, you must be a member or an employee of a Network that is part of our Panel and comply with our Lending Criteria and these Terms. By submitting a Decision in Principle request or mortgage application, you agree to be bound by these Terms.
  
We reserve the right to refuse applications from any intermediary without giving a reason.

Membership of our Panel

Membership of our Panel is entirely up to us and we can change the membership of our Panel and/or the membership criteria at any time.
 
To join our Panel, you must either be: 
  • Directly authorised and hold the regulatory permissions for arranging and advising on regulated mortgage contracts; or 
  • An appointed representative or employee of a Network that we have approved to offer Atom mortgages.

Your obligations to us

You confirm that:
  • You are authorised to act on behalf of your client(s) in submitting mortgage applications to us;
  • You hold all relevant legal, regulatory permissions and other authorisations needed to undertake the business you’re transacting with us; and you won’t carry out any activities you don’t have the relevant permissions or authorisations for;
  • You will tell us as soon as legally possible if any licence, permission or authorisation is withdrawn from you or your business or if you’re the subject of any investigation by any legal, authorising or regulatory authority;
  • At all times in your dealings with us, you are an Appointed Representative or an employee of a firm that is part of our Network Panel;
  • You and your business comply with all relevant law, regulation and other requirements, including but not limited to the Anti-Bribery Act 2010 and the Modern Slavery Act 2015;
  • Any mortgage applications you submit to us will comply with our  Lending Criteria;
  • You will complete all necessary identification checks on your client(s);
  • You will submit all initial and additional information we ask for to support a mortgage application in a timely way.

Direct Debit

When discussing an Atom mortgage application with your client(s), you will use the direct debit script available in the document library to ensure they have all the information they need about direct debits and the direct debit guarantee.

Submitting applications

We’re committed to providing you with a reliable and efficient service. You can help us achieve this by paying all relevant fees and providing all supporting documents when you submit an application. If you’re not able to do this, it may slow us down.
 
Please ensure you safeguard your clients’ cardholder and sensitive authentication data by applying the following rules when you capture payment details.
 
You must not capture, record or store any of the client’s cardholder or sensitive authentication data needed to process the fee collection, either electronically or otherwise. This includes but is not restricted to:
  • Writing down any client’s card details.
  • Electronically recording any client’s card details.
  • Taking and retaining a photo of any client’s card.
  • Voice recording any client’s card details.

Confidentiality and Data Protection

We treat your clients’ information with the greatest respect and will never share it with anyone else for marketing purposes.
 
We’ll hold confidential information in a secure environment. We use security measures to protect data from unauthorised access, maintain data accuracy and to help ensure the appropriate use of data. These security measures include data encryption and digital signatures to ensure the continuing integrity of data, firewalls, intrusion detection systems, 24 x 7 physical protection of facilities where data is stored, background checks for personnel that access physical facilities, and strong security procedures across all service operations. These measures help ensure that data is safe and secure. When your clients download our App, we encrypt the transmission and storage of all Biometric Information as well as geographic location using widely-recognised industry best-standard security technologies and procedures.
 
You need to have similarly appropriate measures in place to protect data and ensure that you and your business comply with the Data Protection Act 1998 (the Act).
 
When using the affordability calculator on our website and completing a DIP request or mortgage application on behalf of your clients, you will be using their confidential information which may include sensitive personal data (as defined in the Act).  We need this data so you can determine how much your clients may be able to borrow and so we can assess their eligibility for a mortgage with us. We and you agree that all consents and security measures are in place to protect this data. Full details of the uses we will make of the data are available to your client in the mortgage application document.

Payment of procuration fees

When a mortgage application is successful, we will pay the procuration fee to your Network within 7 days after completion for onward payment to you, in accordance with our agreement with them.

Liability

We’re not responsible if we don’t comply with any of the Terms:
  • Due to abnormal or unforeseen circumstances beyond our control, the consequences of which would have been unavoidable despite all efforts to the contrary; or
  • Where our failure to comply is due to our obligations under European or national law.

We’re not liable for business losses. We’ll have no liability to you for any loss of profit, loss of business, business interruption or loss of business opportunity.
 
We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our website or to your downloading of any content from it, or on any website linked to it.
 
We assume no responsibility for the content of websites linked on our website. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.

Changes to these Terms

We may alter these Terms at any time; and if you continue to submit applications to us you will be deemed to have accepted any changes we have made. We recommend that you check these Terms from time to time to ensure you are up to date with any changes.

Governing law

These Terms are governed by the law of England and Wales and if there is any disagreement about them, we each agree that this’ll be dealt with by the Courts of England and Wales.

T&Cs downloads