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TERMS OF SERVICE

These Terms of Service set out the terms and conditions upon which you may use the OakNorth Lending Customer Portal (the “Portal”).

Once set up with an account on the Portal, our customers can use it to access their loan information including their balance, transaction history, interest rates and charges and repayment schedule.  Customers can also use the Portal to download statements and submit new requests for drawdowns.

By signing up to or using the Portal, you agree to and accept these Terms of Service.  By signing on behalf of a legal entity such as a company, you acknowledge and agree that you have the authority of such entity to do so

Please read these Terms of Service carefully and make sure you understand and agree to them before using the Portal. If you have any questions relating to these Terms of Service please contact the relevant portfolio manager / debt financing director.

In addition to these Terms of Service, there are different OakNorth terms and conditions which will apply to your use of OakNorth’s other products and services.  Please refer to our Website for further details of these additional terms and conditions.

IF YOU DO NOT ACCEPT THESE TERMS OF SERVICE, PLEASE DO NOT USE THE PORTAL.

  1. INFORMATION ABOUT OAKNORTH
    1. The Portal is provided by OakNorth Bank plc (“OakNorth”), a company incorporated and registered in England and Wales under company number 08595042 whose registered office is at 57 Broadwick Street, London W1F 9QS. OakNorth’s VAT number is GB242119145.
    2. OakNorth is authorised by the Prudential Regulation Authority and regulated by the Financial Conduct Authority and the Prudential Regulation Authority (Financial Services Register number: 629564).
  2. INTERPRETATION
    1. In these Terms of Service, save where the context requires otherwise, the following words and expressions have the following meaning:“Account” means the Customer’s account on the Portal;“Admin User” means the individual nominated by Customer as the principal user of the Portal on behalf of Customer and who will have the admin user rights set out in clause 3.2;

      Customer” means the person or organisation identified as the customer in the Account;

      Commencement Date” means the date on which the Customer first receives access to the Portal;

      Confidential Information” means information which is identified as confidential or proprietary by either party or by the nature of which is clearly confidential or proprietary;

      Feedback” has the meaning set out in clause 7.2;

      Loan Agreement” means a loan agreement between OakNorth and Customer;

      Portal” means the OakNorth Customer Portal that OakNorth makes available to its customers through the Website;

      Portal Data” means data that results from OakNorth’s observation, analysis or other processing of any content or data processed or generated as a result of the Customer’s use of the Portal, and that is anonymised (to exclude any personal data) and may be aggregated with other data of OakNorth or OakNorth’s other clients;

      Terms of Service” means these terms and conditions of service as amended from time to time;

      User” means any person authorised by the Customer to access the Portal on behalf of the Customer, including any Admin User;

      Virus” means any thing or device (including any software, code, file or programme) which may: prevent, impair or otherwise adversely affect the operation of any computer software, hardware or network, any telecommunications service, equipment or network or any other service or device; prevent, impair or otherwise adversely affect access to or the operation of any programme or data, including the reliability of any programme or data (whether by re-arranging, altering or erasing the programme or data in whole or part or otherwise); or adversely affect the user experience, including worms, trojan horses, viruses and other similar things or devices;
      and

      Website” means https://www.oaknorth.co.uk/ and any subdomains.

    2.  Any of the foregoing definitions applies, as the context may require, to the singular or the plural form of the term used.
    3. In these Terms of Service:
      1. clause headings are inserted for ease of reference only and do not affect construction;
      2. references to “writing” or cognate expressions includes a reference to email or comparable means of non-verbal communication;
      3. words importing one gender shall be treated as importing any gender, words importing individuals shall be treated as importing bodies corporate, corporations, unincorporated associations and partnerships and vice-versa, words importing the singular shall be treated as importing the plural and vice-versa, and words importing whole shall be treated as including a reference to any part thereof;
      4. any words following the terms including, include, in particular, for example or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms; and
      5. references to clauses are to the clauses of these Terms of Service.
  3. CREATING AN ACCOUNT
    1. To access and use the Portal, the Customer must first register and create an Account using the Portal invite link sent by OakNorth to the Customer’s preferred e-mail address.
    2. The Admin User may (as authorised by the Customer):
      1. invite persons to access and use the Portal if such persons are listed on the admin panel of the Admin User;
      2. request additional persons be added to the admin panel of the Admin User on the Portal in order that the Admin User can invite such persons pursuant to clause 3.2.1.
  4. DURATION
    1. These Terms of Service shall be effective from the Commencement Date and shall continue until all Loan Agreements have expired or terminated.
  5. ACCESS TO THE PORTAL
    1. OakNorth grants the Customer a non-exclusive, non-transferable, personal, revocable and non-sub-licensable licence to permit Users to use the Portal as permitted by the functionality of the Portal from time to time.
    2. In relation to Users, Customer shall procure that each User keeps secure and confidential any username and password provided to or created by them for the User’s use of the Portal and shall not disclose such username and password to any third party.
    3. The Customer is solely responsible for managing access to the Portal by its Users including granting and revoking access in accordance with its business and operational requirements from time to time.
    4. Notwithstanding clause 3, OakNorth may disable access to the Portal or any username or password, at any time and at OakNorth’s sole discretion including but not limited to a situation wherein, a User or the Customer has failed to comply with any of the provisions of these Terms of Service or as is reasonably necessary for security reasons or to prevent any unauthorised access to, or use of, the Portal.
    5. The Customer is solely responsible for any activities that occur under its Account including the activities of Users.
    6. Whenever applicable, OakNorth encourages the Customer to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with its Account. If the Customer has any concerns about the login details for its Account or thinks they have been misused, please contact OakNorth at portfoliomanagement@oaknorth.co.uk.
    7. The Customer shall indemnify and defend OakNorth, its agents and contractors from and against any and all losses, damages, claims, liabilities or expenses (including reasonable lawyer’s fees) arising on account of the Customer’s use of the Portal (except to the extent caused by OakNorth’s negligence).
    8. The Customer acknowledges and agrees that OakNorth shall not be obliged to remove any outdated information from the Portal or to expressly mark it as being outdated.
  6. CUSTOMER’S OBLIGATIONS
    1. The Customer:
      1. must comply with all applicable laws and regulations with respect to its use of the Portal;
      2. must use and ensure its Users use the Portal in accordance with these Terms of Service and shall be responsible for any actions and omissions in connection with the use of the Portal by any Users;
      3. must ensure the Users follow any security protocols and policies implemented and specified by OakNorth from time to time when accessing and using the Portal;
      4. must ensure that its network and systems, including its internet browser, comply with any relevant specifications provided by OakNorth from time to time;
      5. is solely responsible for procuring and maintaining its network connections and telecommunications links from its systems in order to access and use the Portal; and
      6. must take reasonable measures to safeguard the Portal against the introduction of any Virus or security threat as a result of the Customer’s use of the Portal
    2. The Customer will not:
      1. attempt to copy, modify, duplicate, create derivative works from, frame, mirror, republish, , display, transmit, or distribute all or any portion of the Portal in any form or media or by any means save that nothing in this clause will restrict the Customer from accessing, using and downloading their loan information as permitted by the functionality of the Portal;
      2. attempt to reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of the Portal;
      3. attempt to gain unauthorised access to the Portal, the server on which the Portal is stored or any server, computer or database connected to the Portal; or
      4. attack the Portal via a denial-of-service attack or a distributed denial-of service attack or any such attacks of similar nature.
    3. By breaching clause 6.2.3 or 6.2.4, the Customer would commit a criminal offence under the Computer Misuse Act 1990. OakNorth may report any such breach to the relevant law enforcement authorities and co-operate with those authorities by disclosing the Customer’s identity to them. In the event of such a breach, the Customer’s right to use the Portal will cease immediately
    4. The Customer agrees that failure to comply with this clause 6 constitutes a material breach of these Terms of Service, giving OakNorth the right to temporarily or permanently suspend or terminate access to the Portal with or without any notice.
  7. IMPORTANT NOTE ON INTELLECTUAL PROPERTY RIGHTS
    1. OakNorth is the owner of or the licensee of all intellectual property rights in the Portal. These works are protected by copyright and other laws and treaties around the world. All such rights are reserved.
    2. OakNorth may use any feedback and suggestions for improvement relating to the Portal provided by the Customer without charge or limitation (“Feedback”).
    3. The Customer hereby assigns (or shall procure the assignment of) all intellectual property rights in the Feedback with full title guarantee (including by way of present assignment of future intellectual property rights) to OakNorth at the time such Feedback is first provided to OakNorth.
    4. The Customer hereby waives (and shall ensure all relevant third parties have waived) all rights to be identified as the author of any Feedback, to object to derogatory treatment of that Feedback and all other moral rights in the intellectual property rights assigned to OakNorth under these Terms of Service
  8. MONITOR
    1. Customer acknowledges and agrees that OakNorth may monitor the Customer’s use of the Portal to ensure quality, improve the Portal, and verify the Customer’s compliance with these Terms of Service.
    2. All rights in and to Portal Data shall be and remain OakNorth’s property and OakNorth may use Portal Data for any purpose, including to improve or modify the Portal.
  9. CONFIDENTIAL INFORMATION
    1. Each party may be given access to Confidential Information from the other party in order to perform its obligations under these Terms of Service. A party’s Confidential Information shall not be deemed to include information that:
      1. is or becomes publicly known other than through any act or omission of the receiving party;
      2. was in the other party’s lawful possession before the disclosure;
      3. is lawfully disclosed to the receiving party by a third party without restriction on disclosure;
      4. is independently developed by the receiving party without referencing the information disclosed by the disclosing party, which independent development can be shown by written evidence; or
      5. is required to be disclosed by law, by any court of competent jurisdiction or by any regulatory or administrative body.
    2. Each party shall hold the other’s Confidential Information in confidence and, unless required by law, not make the other’s Confidential Information available for use for any purpose other than as needed to perform these Terms of Service
    3. Each party shall take all reasonable steps to ensure that the other’s Confidential Information to which it has access is not disclosed or distributed by it or its employees or agents in violation of these Terms of Service.
    4. Each party shall take a back-up of its own Confidential Information and shall not be responsible to the other for any loss, destruction or alteration of Confidential Information.
  10. SUPPORT AND AVAILABILITY
    1. OakNorth does not provide any support services in relation to the operation of the Portal but will, at its discretion, endeavour to answer any queries made by the Customer by contacting .
    2. The Customer acknowledges that the availability of the Portal is dependent on access to various third party services and Customer agrees that OakNorth is not responsible for the non-availability or interruption to the Portal caused by any non-availability or malfunctioning of any such third party services.
  11. SUSPENSION AND TERMINATION
    1. OakNorth may terminate these Terms of Service by notice with immediate effect, or such notice as OakNorth may elect to give, if the Customer:
      1. is in breach of any Loan Agreement or these Terms of Service;
      2. is in breach of any applicable law; or
      3. infringes OakNorth’s intellectual property rights.
    2. On termination of these Terms of Service for any reason, all licences granted under these Terms of Service shall immediately terminate and the Customer’s right to access and use the Portal will end.
    3. The accrued rights of the parties as at termination, or the continuation after termination of any provision expressly stated to survive or implicitly surviving termination shall not be affected or prejudiced.
  12. NO WARRANTY
    1. The Portal is provided on an “AS IS” and “AS AVAILABLE” basis and OakNorth gives no representations, warranties, conditions or other terms of any kind in respect of the Portal, whether express or implied, including warranties of satisfactory quality, availability, merchantability, fitness for a particular purpose or non-infringement.
    2. Except as expressly and specifically provided for in these Terms of Service:
      1. all representations, warranties, conditions and all other terms of any kind whatsoever implied by statute or common law are, to the fullest extent permitted by law, excluded from these Terms of Service;
      2. the Customer recognises that OakNorth is always innovating and finding ways to improve the Portal with new features. Therefore, the Customer agrees that the Portal may change from time to time and no warranty, representation or other commitment is given in relation to the continuity of any functionality of the Portal;
      3. access to and use of the Portal is at the Customer’s own risk and OakNorth does not warrant that the use of the Portal or any material downloaded from it will not cause damage to any property, or otherwise minimise or eliminate the inherent risks of the internet including but not limited to loss of data, computer virus infection, spyware, malicious software, trojans and worms;
      4. OakNorth accepts no liability in respect of losses or damages arising out of changes made to the content of the Portal by unauthorised third parties;
      5. the content of the Portal does not purport to provide any financial, investment or professional advice and nothing on the pages of the Portal shall be deemed to constitute the offer or provision of financial, investment or other professional advice in any way. In particular, the Customer should obtain advice from a qualified financial adviser before making any investment decision; and
      6. OakNorth does not guarantee that the Portal will be secure or free from Viruses and Customer should use its own Virus protection software.
  13. OAKNORTH’S LIABILITY
    1. Nothing in these Terms of Service excludes or limits OakNorth’s liability for death or personal injury caused by OakNorth’s negligence or for fraud or fraudulent misrepresentation.
    2. Subject to clause 1 and, as the Portal is used entirely at the option of Customer on an “AS IS” basis, OakNorth shall not have any liability to Customer whether arising in contract, tort (including negligence or breach of statutory duty); or pursuant to any errors or omissions or loss of data in the Portal; or for any indirect, incidental, consequential, special, punitive losses or damages; or misrepresentation, restitution or otherwise in connection with the performance or contemplated performance of these Terms of Service.
  14. WRITTEN COMMUNICATIONS
    1. Applicable laws may require that some of the information or communications OakNorth sends to the Customer should be in writing. When using the Portal, the Customer accepts that communication with OakNorth will be mainly electronic.
    2. OakNorth will contact the Customer by e-mail or provide the Customer with information by posting notices on the Portal.
    3. For contractual purposes, the Customer agrees to this electronic means of communication and the Customer acknowledges that all contracts, notices, information and other communications that OakNorth provides to the Customer electronically comply with any legal requirement that such communications be in writing.
  15. NOTICES
    1. All notices given by the Customer to OakNorth must be given to portfoliomanagement@oaknorth.co.uk . OakNorth may give notice to the Customer by posting the notice on the Portal. Notice will be deemed received and properly served immediately when posted on the Portal.
  16. TRANSFER OF RIGHTS AND OBLIGATIONS
    1. The Customer may not transfer, assign, charge or otherwise deal in these Terms of Service, or any of the Customer’s rights or obligations arising under these Terms of Service, without OakNorth’s prior written consent.
  17. EVENTS OUTSIDE A PARTY’S CONTROL
    1. No party shall be liable to the other for any delay or non-performance of its obligations under these Terms of Service arising from any cause beyond its control including, without limitation, any of the following: telecommunications failure, internet failure, epidemic or pandemic, act of God, governmental act, war, fire, flood, explosion or civil commotion.
  18. WAIVER
    1. No forbearance or delay by either party in enforcing its rights shall prejudice or restrict the rights of that party, and no waiver of any such rights or of any breach of any contractual terms shall be deemed to be a waiver of any other right or of any later breach.
  19. SEVERABILITY
    1. If any provision of these Terms of Service is judged to be illegal or unenforceable, the continuation in full force and effect of the remainder of the provisions shall not be prejudiced.
  20. OAKNORTH’S RIGHT TO VARY THE TERMS OF SERVICE
    1. No changes to these Terms of Service are valid or have any effect unless agreed by OakNorth in writing or made in accordance with this clause 20.
    2. OakNorth may revise and amend these Terms of Service from time to time to reflect changes to the Portal or its business. The most current Terms of Service will be at https://www.oaknorth.co.uk/terms-and-conditions/lending-products/. It is the Customer’s responsibility to check these Terms of Service from time to time to verify such variations.
    3. The Customer will be subject to the Terms of Service in force at the time that it makes use of the Portal, or if OakNorth notifies the Customer of changes to these Terms of Service and it continues to use the Portal following notification, the Customer will be subject to those updated Terms of Service.
  21. THIRD PARTY RIGHTS
    1. A person who is not party to these Terms of Service shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999.
  22. LAW AND JURISDICTION
    1. These Terms of Service shall be governed by and construed in accordance with English law and each party hereby submits to the exclusive jurisdiction of the English court.
  23. COMPLAINTS
    1. Complaints concerning the Portal will be addressed in accordance with the OakNorth Complaints Policy at https://www.oaknorth.co.uk/complaints/, which provides contact details for notifying OakNorth about the complaint.