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General terms and conditions

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Table of contents:

    Our agreement

    Banking with Atom is straightforward, so we give you information when it’s relevant to you. At this point, our contract with you consists of your secured loan application and these General T&Cs. Please ensure you read them so you understand the terms of our agreement with you. If you have any questions or concerns, you should ask us or seek legal advice.

    These T&Cs detail the agreement between ‘you’ (each person or entity in whose name the relationship is being opened and all of you together if there’s more than one of you) and Atom (‘we’/‘us’).

    Where we refer to a ‘relevant person’ we mean any owner, director, shareholder, trustee, guarantor, member, beneficiary or attorney of your business or entity; or an authorised signatory on the account forming part of the relationship with Atom.

    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.

    Eligibiliy & residence

    Your business must be domiciled and operating within the UK (excluding the Channel Islands and the Isle of Man) and be either a Limited Company, PLC, Limited Liability Partnership (LLP), Partnership, or Sole Trader.

    Each relevant person will need to be at least 18 years old, and mustn’t currently be a disqualified director, bankrupt, subject to bankruptcy proceedings or legally prevented from entering into any form of contract.

    Alternative format

    Corresponding with you in a digital format goes a long way towards achieving full accessibility, 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 secure email or call us on 0333 399 0665.

    Your customer record

    When you apply to become an Atom customer, we will collect your first name, surname, email address and mobile phone number and the business’s name, address, email address, phone number and unique identifier (e.g. company number). This data will be used to set up your customer record.

    Verifying your identity

    When you apply to become an Atom customer, we’ll ask you for some personal data so we’re able to verify your identity. The nature of this data will vary depending on the type of product you apply for but will always include information like your full name, address and date of birth and essential information about the structure and nature of your business.

    To complete the identification and verification (or ‘ID&V’) process, we will run an electronic search with a credit reference agency. If you apply for a secured loan, it will leave a ‘credit footprint’ on your file which means other providers will be able to see that we’ve run a search.

    We’ll also comply with any ‘Know Your Business’ and ‘Know Your Customer’ identification procedures. You and each relevant person must supply us with any documentation and other evidence we request so we can comply with those procedures.

    There are times when we may ask you or a relevant person to complete ID&V again (e.g. to keep our records up to date).

    Protecting your data

    We hold your data in a secure environment and use security measures to protect it from unauthorised access and ensure it is accurate and is used appropriately.

    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:

    • To administer your accounts and provide appropriate services.
    • To verify your identity when you register as a customer (ID&V).
    • To obtain and develop credit-scoring profiles.
    • To suggest Atom products or services that may be of interest to you.
    • To complete troubleshooting, data analysis, testing, research, and for statistical and survey purposes.
    • To comply with regulatory, tax or audit obligations.
    • 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.

    To complete these activities, we may need to share some or all of your data with our trusted partners, including fraud prevention, anti-money laundering and credit reference agencies (whose details we can share with you on request), law enforcement departments, regulators, government departments (e.g. HMRC) and the providers of our sales or servicing platforms.

    Take a look at our Privacy Policy for more information about how we protect your data.

    Your data rights

    Once you have registered your details with us, you have certain rights which apply, depending on the stage of your application, the information you’ve shared with us and our regulatory obligations relating to it.

    Your rights include:

    • The right to access your data.
    • The right to ask us to erase your data.
    • The right to share or move your data (sometimes called ‘portability’).
    • The right to ask us to correct any mistakes.

    Take a look at our Privacy Policy for more information about your data rights and how they apply to you.

    Keeping us informed

    It’s important that we have your correct contact details at all times. So if you (or a relevant person) change your name, address, mobile number or email address – or if there’s a material change in the nature of your business or the structure of the entity – please tell us via secure email.

    If you (or a relevant person) don’t tell us that your details have changed we’ll continue to use the information we hold. If this results in confidential information being misdirected, we won’t be responsible. 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.

    Communications

    We’ll use digital channels to communicate with you wherever possible. We’ll use secure email to contact you and to send you all your important documents; so when you apply for a product with us, we’ll ask you to validate yourself as a user of our secure email portal. For your own security, we encourage you to use the secure email portal to communicate with us, though you’ll also be able to contact us by phone.

    We may ask you to send original documents in the post and send you formal notices or correspondence by post.

    We won’t send you marketing communications unless you specifically ask us to.

    Opening an account

    You can apply to open an account either via an Atom Business Development Manager (BDM) or one of our panel intermediaries. The BDM or intermediary will access the relevant application forms, complete them and submit them on your behalf.

    Multi-party accounts

    Atom business accounts can be operated as a sole account (just you) or as multi-party accounts (you plus other people, such as partnerships).

    Each account holder can operate a multi-party account independently, so if you choose this option, all of you will be bound by the decisions of the other account holders. If one of you tells us that you’re in dispute, we’ll need all of you to agree to any payments or changes made in relation to the account until the dispute is resolved.

    For your protection we’ll need all of you to confirm that the dispute is resolved before we can lift any account restrictions.

    If an account holder wants to be removed from a multi- party account, we’ll need all of the account holders to confirm this.

    Making payments

    When you open an Atom account, you’ll receive a sort code and account number which you can use to make electronic payments into it from other banks or building societies.

    Most electronic transfers between banks and building societies are made by Faster Payments. We are a direct member of the Faster Payments Scheme. The Faster Payments limit for payments out of an Atom account is £110,000. Other financial institutions may have different limits, so you need to check with them to ensure they will follow your instructions to make payments into your Atom account.

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

    If a payment you have made from your account doesn’t complete correctly because of a bank error and we believe the error is genuine, we’ll refund you as soon as possible while we contact the other bank to recover the payment. If you think there’s been an error, you must tell us without undue delay.

    If a payment you have made from your account doesn’t complete correctly because you made a mistake (e.g. you used the wrong account details) we won’t refund you, but we’ll make all reasonable efforts to help recover the payment for you.

    If someone else tells us they’ve accidentally made a payment into your account and we reasonably believe this has happened, we may stop any withdrawals being made from your account while we discuss next steps with you. If you agree there has been an error or you don’t respond by the deadline we give you, we will return the payment. Where the payment was made over two months earlier, we’ll always ask for your consent before returning it.

    Operating your account

    If you need someone else to operate your account, we may be able to register a Power of Attorney (POA) for you. 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 POA if you’re an existing Atom customer - i.e. if you have one or more open accounts. If you have an account with us and need to register a POA, your Attorney should send us hard copies of the relevant documents to verify their identity. We’ll then send them a link to the secure email portal, so they can access information and administer your account via secure email.

    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 everything we can to help.

    Getting in touch

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

    If you need to tell us about something or ask a question, please contact us via secure email or call us on 0333 399 0665. 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, please go to https://www.atombank.co.uk/how-to-complain and we’ll guide you through our complaints procedure. 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 their website

    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 in the product T&Cs.

    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 changes in advance, except where they’re to your advantage when we’ll make them straight away. 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 proposition (including our products and 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 or codes of practice which raise standards of protection;
    • To proportionately reflect other 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.

    Our right to terminate

    We can end our agreement and close your account immediately (whether sole or multi-party) if we reasonably believe you have:

    • Seriously or persistently broken the terms of our agreement;
    • Given us false information at any time;
    • Put us in a position where we might break a law, regulation, code or other duty that applies to us if we continue to maintain your accounts;
    • Committed or attempted fraud against us or anyone else;
    • Used any account illegally or for criminal activity;
    • Inappropriately allowed someone else to access your accounts; and/or
    • Behaved in a threatening or abusive manner towards our staff.

    Copyright and trademarks

    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 trademarks of Atom bank plc, with all rights reserved.

    Liability

    We’re not responsible if we don’t comply with any of the T&Cs as a result of:

    • Abnormal or unforeseen circumstances beyond our control, the consequences of which would have been unavoidable despite all efforts to the contrary; and/or
    • Our obligations under European or national law.

    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, we each agree that this’ll be dealt with by the Courts of England and Wales.