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Santander Corporate Banking
Billpay
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Terms & Conditions
I have read and understood the Declaration and the Terms and Conditions and I agree to be bound by them. I wish to apply now:

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Please read these terms and conditions carefully. These terms and conditions explain Your rights and responsibilities to Us and Our rights and Responsibilities to You in respect to the use of the Bank's BillPay service.

All terms & conditions and the language of any contracts forwarded will be in the English Language.

Please print these Terms & conditions and keep for your own records.

1. DEFINITIONS

In these terms and conditions the following expressions have the following meanings:

1.1. "Santander Corporate Banking" means Santander Corporate Banking and its subsidiaries (whether direct or indirect).

1.2. "Authorised User" means any person authorised by You to provide Instructions to Us.

1.3. "Bank", "Us", "Our" or "We" means Santander Corporate Banking.

1.4. "Business Day" means any day (other than a Saturday or a Sunday or a Statutory Bank Holiday) on which UK clearing banks are open for a full range of banking transactions.

1.5. "Customer", "You" or "Your" means You, the individual, sole trader, partnership or limited liability company named on the online registration form for the Service and includes any Authorised Users.

1.6. "Instruction" means using the Service to:

1.6.1. obtain information relating to transactions requested by You through use of the Service during the preceding 12 months;

1.6.2. instruct Us to instigate debit card payments in accordance with the on-line payment instructions;

1.6.3. use the other facilities which We may from time to time incorporate into the Service.

1.7. "Security Information" means

1.7.1. the initial password which You will use as provided for in Clause 4.2.1; and

1.7.2. the User ID; and

1.7.3. the user password which You will use as provided for in Clause 4.2.1; and

1.7.4. any other security processes notified to You by Us from time to time

1.8. "Service" means the Service, known as "BillPay", offered by the Bank to customers to enable customers to carry out Instructions via a computer connected to the Bank’s server via the internet.

1.9. "Terms" means these terms and conditions as amended from time to time in accordance with these terms and conditions.

2. INTRODUCTION

2.1. None of Our personnel have the authority to agree orally to vary these Terms. We may at our discretion change these Terms by giving You at least 30 days notice on the site.

3. PROVISION OF THE SERVICE BY THE BANK

3.1. You are responsible for obtaining and maintaining your own compatible computer system, being all such equipment, software and communications lines (including any public communications lines) required by you to properly access the Service ("Your Equipment"). The Bank has no responsibility for or liability with respect to Your Equipment. The Bank will notify You of the minimum specification of computer system required to enable you to access and use the Service.

3.2. You are responsible for all telecommunications and similar charges incurred by You in gaining access to and using the Service.

3.3. We cannot guarantee continuous provision of the Service.

3.4. We will not be responsible to You if changes to the Service or to any of Our facilities, operations, procedures or products: (i) render Your Equipment obsolete; (ii) require modification or alteration to Your Equipment; or (iii) otherwise affect performance of Your Equipment.

3.5. We reserve the right to control, direct and establish technical procedures for the use of the Service and You agree to follow the reasonable instructions and procedures of the Bank with respect to the use of the Service as notified to You from time to time. The Bank also reserves the right to make operational changes to the Service and will notify You of any such changes.

3.6. We may alter the facilities available under the Service at any time. We will notify You of significant changes to the Service.

3.7. We are not responsible for (but You will be responsible for) the accuracy of the information transmitted by You and shall not be liable for any loss incurred or damage suffered by You due to any such information not being accurate or complete.

3.8. You are solely responsible for ‘virus checking’ all information sent to You by Us. We shall not be liable for any corrupt information sent to You, by Us.

3.9. The Service is provided subject to the condition that there will be no abuse or fraudulent use of the Service. Abuse and fraudulent use of the Service shall include (without limitation): (i) attempting to, or actually obtaining, accessing, altering, de-compiling, reverse engineering or destroying the data files, programs, procedures and/or information of the Bank or of another customer of the Bank; (ii) assisting another to perform the acts prohibited in (i) above; (iii) using the Service in such a manner as to interfere unreasonably with the use of the Service by any other customer of the Bank.

4. SECURITY INFORMATION

4.1. We will supply You with Security Information.

4.2. You must keep your Security Information secret. You must take all reasonable precautions to prevent its unauthorised or fraudulent use. This includes, but is not limited to:

4.2.1. Choosing your Initial Password when You first access the Service (then known as the User Password);

4.2.2. Never recording Your Security Information down in any form;

4.2.3. Never telling anyone else your Security Information, including Our own staff;

4.2.4. Notifying Us immediately if You know or even suspect that someone else knows your Security Information.

4.3. Whilst We will check that Instructions are given with the correct Security Information, We shall not be obliged to take any further steps to check the Instructions have been given by You or an Authorised User.

5. USE OF THE SERVICE

5.1. We may act on any Instructions given using the Security Information. We are not liable for any action taken, or loss resulting from the receipt of such Instructions given by any unauthorised person using the Security Information.

5.2. If an Instruction is received by the Bank before 12:00pm on a Business Day the Bank will use all reasonable efforts to comply with that Instruction on that Business Day. If an Instruction is received by the Bank after 12:00pm on a Business Day the Bank will use all reasonable efforts to comply with that Instruction by the end of the following Business Day. Notwithstanding the above, the Bank may in its absolute discretion refuse to carry out any Instruction or reverse any action taken by the Bank in response to any Instruction. The Bank shall not be liable for any loss resulting from compliance by the Bank with any Instruction received by it.

5.3. The final decision as to whether payment is made in accordance with Your Instructions rests with Your debit card issuer and We shall not be responsible for the decision of Your debit card issuer not to make any payment requested by You.

5.4. You undertake to co-operate fully with Us in any investigation we may wish to carry out in relation to the use of the Service.

5.5. We shall not be required to carry out Instructions in any particular order.

5.6. We may send You electronic messages from time to time. You should check each time that You log-on to Your computer system whether any such messages have been received.

5.7. The Customer undertakes for itself and for any other party using its access to the Service: (i) not to create and/or introduce into the Service any destructive or contaminating program or advise any other party how to do so; (ii) to use an up-to-date virus-scanning program on all material downloaded from the Service; (iii) not to invade the privacy of other users of the Service.

5.8. You must notify Us immediately if You become aware of any error or any suspected error in the Service or in any transaction resulting from using it. You should check your statements of account carefully.

5.9. You shall only use the Service for lawful purposes and shall not use the Service to send material that is offensive, obscene, in breach of confidence, defamatory, or in breach of any intellectual property rights.

6. YOUR LIABILITY

6.1. You will be liable to Us without limit if we can show You have acted fraudulently or with negligence or in breach of these Terms..

6.2. The Customer undertakes fully and effectively to indemnify and keep indemnified at all times the Bank against all actions, proceedings, costs, claims, demands, liabilities and expenses whatsoever (including legal and other fees and disbursements) sustained, incurred or paid by the Bank directly or indirectly in respect of: (i) access to and/or use of the Service by the Customer or by Authorised Users; (ii) any information, data or material produced, transmitted or downloaded by the Customer or Authorised Users; (iii) any breach by the Customer or by Authorised Users of any of these Terms or of any law, code or regulation.

7. OUR LIABILITY

7.1. We will not be liable to You for any loss You suffer as a result of Us acting on an Instruction as mentioned in Clause 5.1, except in so far as We are negligent.

7.2. We are not responsible for any misuse of the Service by You or anyone else, nor for any disclosure of confidential information by Us where You have failed to take reasonable precautions to maintain the Security Information as detailed in Clause 4 above.

7.3. We will not be liable to You for any loss You suffer due to any circumstances beyond our control which lead to the Service being wholly or partly unavailable for such reasons as, but not limited to, a technical break-down, industrial dispute, communications or power failure. In all such circumstances We will expect You to prevent or reduce your loss by telephoning Us or sending Us a facsimile message to affect, withdraw or continue the transaction.

7.4. Nothing in this Agreement shall exclude Our liability for death or personal injury caused by Our negligence.

7.5. We accept no liability to You for any indirect loss or damage (however arising), nor for any loss of profits, loss of sales, loss of turnover, loss of bargain, loss of opportunity, loss of computer equipment, software or data or loss of time.

7.6. If We incur any liability to You such liability will in all cases be limited to an amount equal to the value of the relevant payment requested by You in Your Instructions.

8. TERMINATION OF THE SERVICE

8.1. We may terminate, suspend or withdraw the use of the Service at any time. Except where security requires it or in circumstances beyond our control, or in the event of fraud or Your breach of these terms (when we will give you such notice) we will give You at least 30 days prior notice as is reasonable in all circumstances.

8.2. Any Security Information or documentation relating to the Service and used by You remains Our property, and upon termination of the Service, for whatever reason, shall be returned to Us and/or destroyed, as instructed by Us at that time. Such material shall not be copied, transcribed or used for any purpose other than as specifically authorised in the Terms.

8.3. The following provisions shall survive the termination of this Agreement: 5.4, 5.7, 6.1, 6.2, 7.1, 7.2, 7.3, 7.4, 7.5, 7.6, 8.3, 8.4, 9.1, 10.2 and 13.1.

8.4. Termination of the Service will not affect any rights or liabilities of either of us that have already accrued.

9. DECLARATION

9.1. Data protection Act 1998 Keeping you informed.  The information provided by you will be shared with other companies in the Santander Group. You consent to Us telling you about products or services or invite you to take part in offers, of Ours and Our business partners, that We think may benefit you. We may do this by post, by telephone (including by way of automatic dialing), by fax, by e-mail, by SMS text message or via Our web site. If you do not wish to receive this information, please tick the box but remember that this shall preclude you from receiving any of Our special offers or promotions. We shall, of course, continue to inform you about any important changes to the Terms under which your account/service is operated.

9.2. You understand that you can request in writing, by telephone, by fax and/ or e-mail not to receive any details of Santander Corporate Banking's products and services., Communications should be addressed to The Manager, Customer Accounts Services, Santander Corporate Banking, Bridle Road, Bootle, L30 4GB.

10. INTERPRETATION

10.1. The headings to the clauses of these Terms are for ease of reference only and shall not affect the interpretation or construction of these Terms.

10.2. If any provision of these Terms shall be found by any Court or administrative body of competent jurisdiction to be invalid or unenforceable the invalidity or enforceability of such provision shall not affect the other provisions of these Terms and all provisions not affected by such invalidity or unenforceability shall remain in full force and effect to the fullest extent permitted by law. You agree to substitute for any invalid or unenforceable provision a valid or enforceable provision which achieves to the greatest extent possible the economic, legal and commercial objective of the invalid or unenforceable provision.

10.3. No delay, neglect or forbearance by either party in enforcing any of the Terms shall be taken as a waiver or otherwise prejudice the rights under these Terms.

11. NOTICES

11.1. All notices shall be sent by first class post to the address last notified to either party and shall be deemed to be received 24 hours after the date of posting.

12. TELEPHONE MONITORING

12.1. Any telephone calls made between You and Us may be recorded or monitored for training and security purposes.

13. LAW

13.1. This Agreement shall be governed by and construed in accordance with English Law and the parties agree to submit to the non-exclusive jurisdiction of the English Courts.

© Copyright 1999 Santander Corporate Banking. ALL RIGHTS RESERVED. All products and company names are trademarks and registered trademarks of their respective owners.

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Terms & Conditions
I have read and understood the Declaration and the Terms and Conditions and I agree to be bound by them. I wish to apply now:

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