The Legal Bit

Terms and Conditions for using the XclusivNet Network for Home Broadband customers who joined or upgraded on or after 30 December 2023

Quick Summary

We’ve summarised the key points that we’d like you to be aware of when using XclusivNet Home Broadband. The full terms of this Agreement with us for use of XclusivNet services are set out below – it’s important that you read and understand them before you sign up to XclusivNet and start using XclusivNet Services. At the end of these Terms we’ve set out definitions of capitalised words used in these Terms. If there is any inconsistency between this summary, and the full terms set out below, the full terms will govern.

What these terms cover: The Service provides you with the ability to access the Internet from any of your devices using the Equipment that we provide to you. These terms cover how you may use our Services and the Equipment.

Using XclusivNet Services: By plugging in your Equipment you are expressly requesting that XclusiNet provide you with our Services on these terms.
Fourteen Day Money Back Guarantee: If you contact us within 14 days from the date you received your Equipment you may cancel this Agreement with us. You will need to send the Equipment back to us undamaged. If you do not return the Equipment within 14 days or if the Equipment is damaged then we will charge you for the replacement cost of the Equipment (see Section 8.4)
Your Minimum Commitment: You agree to stay with us for the Minimum Term. The minimum price for XclusivNet Services provided under this Agreement is the Monthly Charge for the Minimum Term.
Annual Price Increase: Each April, your Monthly Charge will increase by an amount equal to the December CPI Rate, published in January of that year, plus 3.9%. We’ve shown an example in the following table of how this increase will work. For more information, see Section 4.1:

Monthly Price until March 2024	Monthly Price from April 2024 to March 2025	Monthly Price from April 2025 to March 2026
Price A	Price A plus an amount equal to the December 2023 CPI Rate + 3.9% (= Price B)	Price B plus an amount equal to the December 2024 CPI Rate +3.9% (= Price C)
We’ve set out an example below, showing how this would work, if your Monthly Charge is £25 and CPI Rate is 4% in December 2023 and (for example) 4% in December 2024
£25.00	£25.00 + £1.98 (7.9% of £25.00) = £26.98	£26.98 + £2.13 (7.9% of £26.98) = £29.11

Suspending or Ending this Agreement: We may suspend or disconnect our Services if we reasonably believe that you haven’t complied with certain terms of this Agreement, but you still must pay all outstanding Charges

How you can end this Agreement depends on whether you’re in your Minimum Term or not, and whether we’ve made any changes to this Agreement that are likely to impact the XclusivNet Services you receive. Please see the below table for a summary of how and when you can end this Agreement.

When you wish to end this Agreement	Notice Period	What to Do?	Charges Payable
During the 14 Day Returns Period	This Agreement will end when you notify us, or if you have Equipment to return to us, when we receive that Equipment in accordance with the Returns Policy (whichever is later)	Contact XclusivNet Customer Services	Charges for XclusivNet Services used. Charges for damage or for any loss of value to the Equipment, as a result of non essential use, in accordance with the Returns Policy. Charges for failure to return the Equipment.
During your Minimum Term (but outside of any Returns Period)	You can end this Agreement at any time on 30 days’ notice	Contact XclusivNet Customer Services	All outstanding Charges payable In respect of Wifi 6 Access Points, charges for failure to return the Access Point or Access Point is returned damaged in accordance with the Returns Policy.
Outside of your Minimum Term/if you have no Minimum Term	You can end this Agreement at any time on 30 days’ notice	Contact XclusivNet Customer Services	All outstanding Charges payable In respect of Wifi 6 Access Points, charges for failure to return the Access Point or Access Point is returned damaged in accordance with the Returns Policy.
We notify you that we are making a change to the Three Services you receive, and that if such changes are not acceptable to you, you may terminate this Agreement	You can end this Agreement in accordance with the terms of the notice we send you.	Contact XclusivNet Customer Services	All outstanding Charges payable In respect of Wifi 6 Access Points, charges for failure to return the Access Point or Access Point is returned damaged in accordance with the Returns Policy.

Our Network: We’ll try to provide you with a great quality XclusivNet Network at all times. However, due to the nature of Internet and WiFi technology, there may be times when XlusivNet Services aren’t continuously available, or the quality is affected.
Equipment: Where we have provided a WiFi Access Point, the WiFi Access Point remains the property of XclusivNet, whether inside or outside the Minimum Term. When you stop taking our Services you must return the WiFi Access Point to us. If you do not return the Wifi Access Point within 28 days of termination of the Services, we will charge you a non-return charge of £155 + Vat

Your Information: You agree that we can process your information which we collect and / or which you give to us during any sales or registration process, for a number of purposes, including, but not limited to, opening and managing an account for XclusivNet Services, to deliver products and services ordered by you, for credit checking and fraud prevention, and for product analysis and direct marketing (subject to your preferences). See Section 14 below.

Your Pay Monthly Home Broadband Terms in Full

1. Who’s who and what’s what

When we say:
1. ‘we’, ‘us’ or ‘our’, we mean XclusivNet Limited, trading as ‘XclusivNet’, (company number 03885486), with its registered address at 7 Moorhead Lane, Saltaire, Shipley, BD18 4JH‘you’ or ‘your’, we mean you, our customer whose name appears on the Contract Agreement Form;‘Agreement’, we mean this Agreement with us for the supply of XclusivNet Services which includes these Terms. Section 2.1 explains what other documents make up this Agreement.
We’ve set out at the end of these Terms definitions of the capitalised words we use in these Terms.

2. About this Agreement

This Agreement is made up of:
- these Terms (including any policies, rules and/or instructions issued under it);
the Customer Agreement Form;
the Contract Summary and Contract Information which we sent to you before you entered into this Agreement;
any other terms in relation to additional XclusivNet Services.
any other terms relating to special offers or promotions. Promotional terms can be found under the heading “Special Offers & Promotions”
If there is a conflict between any of the terms set out in these documents, the term in the document which is highest in the list (with (a) being the highest) shall take priority.
This Agreement is personal to you. Unless we give you permission, you can’t pass your rights or responsibilities to anyone else – even if you give your Equipment to others. It’s your responsibility to make sure the your Equipment is only used to access XclusivNet Services as allowed under this Agreement.
This Agreement doesn’t cover any products or services you buy while using XclusivNet Services.

3. When this Agreement and Plan starts

This Agreement starts when you agree to enter into an agreement with us.
- Your Minimum Term starts on the Commencement Date set out in your Contract Agreement Form unless we notify you otherwise.

New Customers

Subject to Section 3.4, if you purchase a Plan:
- online or over the phone and collect your Equipment from an XclusivNet Office, Your Plan starts on the day of collection or;
online or over the phone, or you make your purchase in an XclusivNet office and your Equipment is subsequently sent to you, all Plans in your order – start the day your Equipment is delivered.

4. Changes to this Agreement or prices

Your Monthly Charge will be subject to an annual increase of an amount up to the December CPI Rate, published in the following January, plus 3.9%. The annual increase will first appear on your April bill. An example of how this may impact you is set out in the Quick Summary of this Agreement above.
- In addition to Section 4.1, we may change any of the terms of this Agreement, including our Plans or Charges, as follows:
  - we may discontinue or amend Your Plan or the XclusivNet Services in which case we will let you know no less than 30 days in advance (unless otherwise provided in this Agreement);we may need to change or introduce new Charges in respect of Ancillary Services;where permitted or required to comply with law or regulation;
as a result of any changes to services or increases in charges imposed on us by third parties

e.g. changes lease of network services cost where such changes are related to the costs/price increases charged to us by wholesale partners or providers; and/or

where a change is, in our reasonable determination, required to maintain or improve the quality or security of the XclusivNet Services.
- Other than in respect of:
a change made in accordance with Section 4.1:
- changes under Section 4.2(d)(unless you are materially disadvantaged by such changes and we notify you in accordance with Section 4.4); or
changes to Ancillary Services which you have not opted to receive;

where any proposed changes to the Agreement impact the XclusivNet Services you receive from us under this Agreement are not:

exclusively for your benefit;
of a purely administrative nature that has no negative effect on you; or
directly imposed by law e.g. changes to VAT

we will notify you of such proposed changes at least 30 days in advance of the proposed changes taking place.

Where we make changes under Section 4.2(d) which, in our reasonable determination are likely to materially disadvantage you, we will notify you of such proposed changes at least 30 days in advance of such proposed changes taking place (which shall be no more frequently than once per month).
- Subject to Section 4.6 below, where we have provided you with notice under Section 4.3 or 4.4 above, you can, following receipt of any such notice and if such proposed changes are not acceptable to you, terminate this Agreement by giving notice to XclusivNet Customer Services within that 30 day period.
If you carry on using XclusivNet Services after the 30 day notice period provided in accordance with Section 4.3 or 4.4, you will be deemed to have accepted the change, and will not be able to subsequently terminate the Agreement.
If you terminate this Agreement in accordance with Section 4.5 during the 30 day notice period provided by XclusivNet, no Cancellation Fee will be applicable to such termination by you. If you terminate this Agreement for any other reason during the Minimum Term, a Cancellation Fee may be payable (as detailed in Section 13.2).

5. What we’ll provide to you.

We’ll open an account for you and provide you with: (a) WiFi Access Point with most up to date version of software and technology at start of this agreement.
If we determine in our sole opinion that your use of the XclusivNet Services either exceeds that reasonably expected of someone using the Service or materially affects other users’ enjoyment of the Service, or has an adverse impact on our network, then we will by written notice, give you a 14 day period in which to reduce your usage levels to those reasonably expected of a person using the Service. If usage activity has not decreased within the 14 day notification period we may at our discretion terminate, suspend or restrict your XclsuivNet Service. We will try to tell you when we suspend or restrict your Three Service but we do not have to.
- The software in the Equipment and all intellectual property rights in that software are owned by the Equipment manufacturer and you’re being allowed to use the software on a limited licence from the manufacturer.

XclusivNet Services

Once you’re Connected to XclusivNet we’ll provide you with access to XclusivNet Services.
- It is your responsibility to ensure that any Equipment is only used to access the XclusivNet Services as permitted in accordance with this Agreement.
You will be able to upload and send your own content using XclusivNet Services. You grant us an irrevocable, royalty free, perpetual and worldwide licence to store, transmit or otherwise deal with any content you upload on XclusivNet Services.
We:
- may change or withdraw some, or part, of XclusivNet Services from time to time. This may be because of changing technologies, obsolescence, new or different product features, changing content providers or the need to remove, replace or change content. Depending on the changes that we make, you may have a right to end this Agreement, as explained in Sections 4 and 12.1.
may also determine how XclusivNet Services are presented and delivered to the Equipment or are otherwise made available to you. We can change the way they are presented, delivered or otherwise made available to you at any time;
may implement measures to manage the traffic across our network in exceptional circumstances to prevent impending network congestion and/or mitigation the effects of any exceptional or temporary network congestion. We may also implement traffic management measures in order to meet our legal obligations, preserve the integrity and security of our networks, services, or terminal equipment and to ensure an enjoyable internet experience for the vast majority of our customers. We reserve the right to review and amend any such measures from time to time.

5.8 Coverage and Broadband speeds

We do not guarantee that our broadband service will achieve any specific speeds. The speeds achieved by our broadband service will depend on factors such as your geographic location, the type of walls and windows in your building, the number of people using the network, the external environment, and the correct setup of your Equipment.
- We may implement measures to manage the traffic across our network in exceptional circumstances to prevent impending network congestion and/or mitigation the effects of any exceptional or temporary network congestion. We may also implement traffic management measures in order to meet our legal obligations, preserve the integrity and security of our networks, services, or terminal equipment, or to provide you with any particular services you have requested.
The variability of the download and upload speeds achieved, and the technology used to access the broadband services, may affect your experience of our services and your ability to access and distribute information and content, and use and provide applications and services.

5.9 Disruption to Three Services

(a) Due to the nature of broadband technology, there may be situations when XclusivNet Services aren’t always available, or the quality or network speeds are affected and so we cannot guarantee continuous fault-free service. For example: (a) when we need to perform upgrading, maintenance or other work on the XclusivNet Network or XclusivNet Services; (b) because of factors outside our control, such as legal or regulatory requirements, lack of capacity, interruptions to Xclsivnet Services from other suppliers, faults in other communication networks, the weather or radio interference.

Or speed reduction to us in order that we may investigate your concerns, consider the extent to which you use the XclusivNet Services in question and measure the disruption against your typical usage history. This is without prejudice to any remedies which may be available to you under consumer law (as explained more fully at Section 14.3) or general contract law, including damages or early termination of this Agreement (where the disruption to Three Services is very serious). Please contact us as set out in Section 7 (Your Rights – Complaints) and we’ll work with you to find an appropriate resolution for your particular circumstances.

Responsible use – How you use the XclusivNet Services

You may only use XclusivNet Services:
- as set out in this Agreement; and
for your own personal use. This means you must not resell or commercially exploit any of XclusivNet Services or our content.
The XclusivNet Home Broadband Service is a domestic service. We are supplying you with indoor Equipment for use in your home at the address you have provided.
You mustn’t use XclusivNet Services for illegal or improper uses For example:
- for fraudulent, criminal or other illegal activity;
in any way which breaches another person’s rights
including copyright or other intellectual property rights;
to copy, store, modify, publish or distribute XclusivNet Services or their content, except where we give you permission; to download, send or upload content of an excessive size, quantity or frequency. We’ll contact you if your use is excessive;
in any way which breaches any security or other safeguards or in any other way which harms or interferes with the XclisvNet Network, the networks or systems of others XclusivNet services; or to use or provide to others any directory or details about XclusivNet customers.
You must always co-operate with us and follow our reasonable instructions to ensure the proper use and security of your account. This includes (but is not limited to) any instructions from us to update the settings on your Equipment and any instructions regarding the use of Your plan.
If anyone makes, or threatens to make, any claim or issue legal proceedings against you relating to

your use of XclusivNet Services, you will, notify us of this immediately and, at our request, immediately stop the act or acts complained of. If we ask you to, you must confirm the details of the claim(s) in writing.

We have published an acceptable use policy which provides more details about the rules for use:
- to ensure that use of xclusivNet Services is not excessive,
to combat fraud;
to protect XclusivNet employees from abuse or harassment; and
where XclusivNet Services we offer or may introduce require certain rules to ensure they can be enjoyed by all our customers.

This policy is available on our website and may be changed from time to time.

Responsible use – Content Filter

Access to 18 rated content (such as 18 rated films and games) over the XclusivNet Network is only available to you if you can prove that you are over 18. Only you, the Account Owner, can adjust the content filter settings on Users’ accounts and the Account Owner is responsible for ensuring that only Users over the age of 18 have access to 18 rated content.
- You accept that we cannot control access to 18 rated content obtained over WiFi except when accessed through the Equipment as our content filter is only effective in respect of services accessed via the XclusivNet Network.

Paying your Bills

You must pay us all Charges in connection with all XclusivNet Services which are accessed using the connection we supply you. You must pay the Monthly Charge, whether or not the XclusivNet Services are used by you or by another person, with or without your permission.
- We’ll send you a bill on a periodic basis and this will usually be done monthly. However, we may change this period, and we would give you at least 14 days’ notice of this.
Your bill will normally include your Monthly Charge for Your Plan for the next billing period and any administration fees and Additional Charges.
We will provide bills online. Charges on your bill are shown inclusive of VAT (where appropriate), unless you’re a business customer, in which case, VAT will be added to your bill where appropriate.
You must make your payment by the due date and by one of the payment methods stated on your bill. Your bill will state the amount of the Charges due from you and the due date by which you must make payment. If you fail to pay your account on time, you will be breaking this Agreement and we may Suspend or Disconnect you. In this case, you will have to pay any outstanding Charges.
XclusivNet will notify you at least 30 days in advance of any change in your payment date.
We may need to take legal or other collection action against you for non- payment of Charges. This could mean you have to pay our reasonable costs and expenses, or the reasonable costs and expenses of our assignees, including legal and administration costs. Interest may be added on a daily basis to any unpaid Charges and costs, at 2% per annum above the base rate of LLoyds Bank plc, from the date payment is due until it is received.
As a condition of signing up to XclusivNet Services, we require you to set up a direct debit to pay your Charges and you will benefit from a discount to your Monthly Charge if you pay by this efficient means. In order to maintain this discount, you must continue to have a valid direct debit or other Recurring Payment Method in place. If you don’t have a Recurring Payment Method in place, and pay us by other means, you won’t benefit from the discount.

6. Your Rights – Complaints

If you’re unhappy about any aspect of XclusivNet Services, you should contact XclusivNet Customer Services by email [email protected] or by phone on +44 (0) 1274 916240.

unable to resolve your complaint, you may, depending on the nature of your complaint, be entitled to ask the Communications Ombudsman to consider your complaint for you. Their website address is: https://www.commsombudsman.org

See Section 15 for information about data protection and privacy complaints.

7. Equipment

We will provide you with the Equipment needed to use the XclusivNet Service, this includes all cables you need for the Wireless Access Point to access the Service.
- If we provide you with a Wireless Access Point, this remains our property at all times.
We and our suppliers retain title to and ownership of the software for Equipment we provide to you and all intellectual property rights in and on that Equipment. We may need to alter or replace Equipment from time to time. For us to do this, we need you to follow our reasonable instructions if we send you replacement Equipment, for example where we need to upgrade the Equipment for security or performance improvements. You are responsible for making sure that the Equipment is safe and used properly at all times. To do this, you agree to do the following: (a) follow the manufacturer’s instructions and any other reasonable instructions we have given you; (b) keep the Equipment under your control (for example, you may not sell it, lend it or hire it out to anyone else, put it up as security for a loan or mortgage, or allow it to be seized under any legal process against you); (c) insure any of the Equipment against any loss, theft or damage for the full replacement value; (d) not tamper with disassemble, misuse neglect or damage the Equipment; (e) not remove, tamper with or cross out any words or labels on the equipment; and (f) take proper care at all times to try and prevent the loss or theft of Equipment.
You agree to tell us as soon as you can about any loss or damage to any part of our Equipment. You should do this by contacting our customer services team. You agree that you are responsible for any loss of or damage to the Equipment, regardless of how it happens, unless it is our fault. We will charge you for any loss of or damage to any Equipment supplied at at rate of £155 + Vat
You will have received certain software in the Equipment at the point of activation of the XclusivNet Service, and other software programs we may deliver to the Equipment from time to time, which the Equipment will automatically accept. You may use this software solely in executable code form and solely in conjunction with the Equipment. You must not use any unauthorised software on the Equipment.

8. Returning Equipment

You must return any item of Equipment that:
- You are returning because you have notified us that you wish to cancel the Service under the terms of the Returns Period (see Section 12); or
You report to us as faulty; or
We tell you is faulty or requires replacement for technical reasons.
We may replace Equipment before you return it to us, but You must still return the item(s) if applicable.
We will provide a returns bag so that the item can be returned at no cost to you.
We may test any Equipment reported as faulty by you. If it is found to be working, we may choose to either return or replace it (if We have not already replaced the item) and charge you our costs for testing and postage of the Equipment.
In respect of the Wireless Access Point supplied to you remains the property of XclusivNet at all times. You must return the Wireless Access point within 28 days in the following cases (unless we have informed You otherwise):
- if we or you end this Agreement;
if you decide to disconnect from some of our Services;
if you take up an offer to upgrade Wireless Access Point we provide to you;
if you report the Wireless Access Point to be faulty to be faulty; or
if we request you to return the Wireless Access Point to us for any other reason.
You must return the Wireless Access Point to us in a reasonable condition, allowing for fair wear and tear. We will send to you a returns bag so that the item can be returned at no cost to you. You must provide us with proof of postage of Wireless Access Point.
If You fail to return the Wireless Access Point after 28 days, as required by Section 9.5, You will have to pay a non- return charge of £155 + vat
If we hold any of your money we may use that money towards payment of the non-return charge.
Payment of the non-return charge does not transfer ownership of the Wireless Access Point to you and you are still required to return the Wireless Access Point to us. If You have failed to do so we may take legal action to recover it from you.
If you have any additional Equipment that you do not need to return in accordance with Section 9.5, we

encourage you to dispose of it responsibly if you are no longer using it so please contact us for further information about disposing of your additional Equipment.

You will have received certain software in the Wireless Access Point at the point of activation of the Service, and other software programs we may deliver to the equipment, which the Wireless Access Point will automatically accept. You may use this software solely in executable code form and solely in conjunction with the Wireless Access Point. You must not use any unauthorised software on the Wireless Access Point.
- We and our suppliers retain title to and ownership of the software for the Wireless Access Point we provide to you and all intellectual property rights in and to that Wireless Access Point.

9. Our Rights – Intellectual Property

All rights in XclusivNet Services and their content, belong to us, or our licensed source, such as a content provider. We reserve all our rights.
- The ‘XclusivNet’ trademark and other related images, logos and names are proprietary marks of our group of companies. We reserve all our rights.

10. Suspension of XclusivNet Services

We may Suspend any or all of the XclusivNet Services you use without notice if:
1. we reasonably believe you‘ve provided us with false or misleading details about yourself as set out in Section 15;
we advise you that your excessive use of XclusivNet Services (as may be defined in accordance

with Section 6.4.2 above) is causing problems for other users, and you’re continuing to use XclusivNet Services excessively;

we believe your Equipment has been lost, stolen or is being used in a way not allowed by this Agreement;
- we reasonably believe that you‘ve used XclusivNet Services for illegal or improper purposes in contravention of our responsible use requirements in Section 6 above;
we receive a serious complaint against you which we believe to be genuine (for example, if we receive a complaint that you’re using XcxlusivNet Services in any of the ways prohibited in Section 6);
we’re required to Suspend your XclusivNet Services by the emergency services or other government authorities; or
we reasonably believe that you have abused or harassed XclusivNet employees in contravention of our acceptable use policy.
In addition to the circumstances set out in Section 11, we may also Suspend any or all of the XclusivNet Services you use without notice if:
- you haven’t paid our Charges on time, or if you’ve previously failed to pay your Charges on time; or
you have insufficient credit in your account to cover Charges you agreed to pay in advance.
If your XclusivNet Services are Suspended, we may agree to re-Connect you if you ask us to do so and there may be a re- Connection Charge for this.

11. Ending this Agreement and Disconnection of XclusivNet Services

You may end this Agreement in the following ways:
1. during your Minimum Term (if you have one) by giving notice to XclusivNet Customer Services at least 30 days before the date you want to end this Agreement. You must pay us all the Charges you owe, plus any Cancellation Fee for Your Plan;
at the end of your Minimum Term or any time after your Minimum Term has expired, or if you don’t have a Minimum Term, provided you give notice to XclusivNet Customer Services at least 30 days before the date you want to end this Agreement. A Cancellation Fee won’t be charged; or
where entitled to do so under Section 4.5.
We may end this Agreement in the following ways:
1. by giving you at least 30 days’ notice if Your Plan doesn’t have a Minimum Term, or the Minimum Term has ended;
immediately in the following cases:
1. if we have the right to Suspend your XclusivNet Services on any of the grounds in Section 6 and we believe that the grounds are serious and have not been, or are unlikely to be, rectified;
if we believe that your communications with XclusivNet Customer Services or any of our retailers or agents, or your use of our XclusivNet Services, are jeopardising the operation of the network, or are of an unacceptable nature;

if we reasonably believe you won’t be able to pay your bill. This could result from a failure to pass one of our credit assessments; or
- in the event of your bankruptcy or insolvency;

and, in any of these circumstances, you have to pay all the Charges you owe up until we Disconnect you;

12. Effect of this Agreement ending

If this Agreement ends, we’ll close your account and Disconnect you and you won’t be able to use XclusivNet Services or make emergency calls over Wi-Fi.
1. You must:
  1. immediately pay all Charges you owe up to the date this Agreement ends. If we end this Agreement due to your conduct, the Charges will include a Cancellation Fee. Where you have terminated this Agreement within the Minimum Term (except as set out in Section 4.5) the Charges will include a Cancellation Fee.
Return the Equipment to us (undamaged and in its original packaging where possible). If you do not return the Equipment or the Equipment is damaged we will charge you for the replacement cost of the Equipment.
We may bill you up to 5 months following the Disconnection of your account, in respect of

Charges that were incurred during this Agreement with us, but not billed prior to the date of Disconnection. In accordance with Section 6.15, you must pay us all Charges in connection with all XclusivNet Services.

13. Liability

Limits on our liability

All of our obligations to you relating to XclusivNet Services are set out in this Agreement. If you wish to make any change to this Agreement or rely on any other term, you must obtain our agreement to the change of term in writing.
1. Except as set out in 14.3:
  1. all other terms, conditions and warranties relating to XclusivNet Services are excluded;
our entire liability to you for something we do or don’t do will be limited to £3,000 for one claim or a series of related claims;
we’re not liable for any loss of income, business or profits, or for any loss or corruption of data in connection with the use of XclusivNet Services. We’re not liable for any loss or damage that was not reasonably foreseeable when you entered into this Agreement; and
we’re not liable for any service, goods and content you may take from third parties, including if they are defective or deficient, and any dispute with a third party will not affect your obligations to us.
Nothing in this Agreement removes or limits our liability for fraud, death or personal injury caused by our negligence or for any liability which can’t be limited or excluded by law. If you’re a consumer, you also have other legal rights and remedies that apply in addition to any provided to you under Section 5.11(c) of this Agreement or at common law. Some of the key legal rights you have as a consumer are contained in the Consumer Rights Act 2015, which provides legal remedies to you where we have, for example, not exercised reasonable care and skill in providing XclusivNet Services, or where goods or digital content we supply to you are faulty or not as described. These remedies may include, for example, the right to ask us to fix the problem or to a price reduction. Consumer law also gives you rights if we provide you with misleading information that leads you to enter into a contract with us. For more information on your legal rights (also known as your statutory rights), contact your local authority Trading Standards Department or Citizen’s Advice Bureau.

XclusiveNet Services – Area where we have no responsibility

We’ll try to ensure the accuracy, quality and timely delivery of XclusivNet services. However:
1. we accept no responsibility for any use of, or reliance on, XclusivNet Services, or for any disruptions to, or any failures or delays in, XclusivNet Services. This includes, without limitation, any alert services or virus detection services; and
subject to Section 14.3 we don’t make any representations as to the accuracy, comprehensiveness, completeness, quality, error free nature, compatibility, security or fitness for purpose of XclusivNet Services. They are provided to you on an ‘as is’ basis.
1. We won’t be liable:
  1. for any loss you may incur as a result of someone else or;

if we cannot carry out our duties, or provide XclusivNet Services, because of something beyond our control.

Others’ content and Services – Areas where we have no responsibility.

You may be able to use XclusivNet Services:
1. to upload, email or transmit content; and
to access content which is branded or provided by others and to obtain goods and services from others, which may be in a digital form. Where we provide you with such access, all we do is transmit the content to you and we don’t exercise control over the content, goods or services. We’re not responsible or liable in any way for, and don’t endorse, any of this content, goods or services, including any content, goods and/or services that you may pay for using XclusivNet Services. You also accept that we have no responsibility for information you supply to third parties who provide content, goods or services on the XclusivNet Network.
This Section 14 will apply even after this Agreement has ended.

14. Privacy Notice and Your Information

We are the data controller of Your Information (as defined in Section 15.5) collected through your use of the XclusivNet Services for the purpose of UK data protection law. We’ll only use Your Information in accordance with this notice and applicable UK data protection and privacy laws. Please read all of this notice and feel free to contact us at the address in Section 15.9 below with any questions.
1. Whenever you provide us with personal information about yourself, you agree that it will be true, complete and accurate. You must tell us if this information changes.
If you provide us with information about another individual or register Equipment in the name of another individual you must have their agreement to do so or be acting with legal authority.
If we reasonably believe that you have supplied us with false or inaccurate information, or if we suspect fraud, we may delay your Connection or suspend your access to XclusivNet Services until an investigation has been completed to our satisfaction.
In order to supply you with XclusivNet Services under this Agreement, we may process Your Information. By “Your Information” we mean personally identifiable information:
1. that you give us or that we obtain about you as a result of any application or registration for, and use of, XclusivNet Services. It may include your name, current and previous address(es), date of birth, phone and fax numbers, gender, email address, employment and lifestyle information, bank and credit or debit card information, and information obtained from credit reference and fraud prevention agencies, marketing organisations and those who provide services to us, and may include information from other countries; and.
acquired and processed about your use of XclusivNet Services while you’re a customer of XclusivNet, including Location Data, your Communications Data, dynamic IP addresses, your phone number, account information, including contact history notes.
Some of Your Information may be classified as “sensitive” (such as visual or hearing impairments) and we’ll ask your permission if we wish to use or share this information.
You must keep any passwords and numbers relating to your XclusivNet account
and XclusivNet Services safe and secure. You must not share them with anyone else. If you find or suspect that anyone else knows your passwords or can guess them, you must contact us immediately and ask us to change them. This is your responsibility.
If you have any questions about this notice or the way in which Your Information is processed, please contact our Data Protection and Privacy Officer, by sending an email to [email protected] titled privacy notice, and we will contact you via our DPA Officer.
We may be required to process Your Information to comply with our legal requirements, to enable us to fulfil the terms of our contract with you or in preparation of us entering into a contract with you. If you do not provide the relevant information to us, we may not be able to provide the service to you.

Your Information received from other sources

We may receive personal data about you from credit reference agencies, fraud prevention agencies, marketing partners, the electoral register and other commercial partners who may deliver services to us.

Use of Your Information.

Your Information may be used by us, our employees, service providers and disclosed to third parties for the purposes set out below. For each of these purposes, we have set out the legal basis on which we use Your Information.

(a) Credit Referencing, Identity Checks and Fraud Prevention

Account and Service Management

To process applications, registrations or orders made by you, to create and administer accounts, to calculate and charge for XclusivNet Services, to produce any necessary invoices or billing statements, and to provide to XclusivNet Customer Services, including for the management of any complaints or queries. The legal basis that we rely on to process Your Information for the above purpose is for performance of a contract between you and us or in order for us to take steps prior to entering into a contract with you.
- To supply any products, services or information requested by you and/or which we may provide. The legal basis that we rely on to process Your Information for the above purpose is for performance of a contract between you and us or in order for us to take steps prior to entering into a contract with you.
  - For traffic and billing management, which may involve the use of Your Information. We deploy a balance of technical, logical and security controls to protect the processing of Your Information on the XclusivNet network. The legal basis that we rely on to process Your

Information for the above purpose is legitimate interest and/or to enable us to improve and develop our business operations and the services.

To ensure the accuracy and performance of XclusivNet Services. This may involve the use of Your Information in a live test environment. The legal basis that we rely on to process Your Information for the above purpose is legitimate interest and/or to enable us to improve and develop our business operations and services.
- To update your Equipment remotely “over the air” with software updates and to investigate and resolve any Service-related queries made by you. The legal basis that we rely on to process Your Information for the above purpose is performance of our contract with you.
  - We may monitor and record calls and messages between you and XclusivNet Customer Services for training and quality purposes. The legal basis that we rely on to process Your Information for the above purpose is legitimate interest and/or to enable us to improve and develop our business operations and services.
Please be aware that when you call XclusivNet Customer Services, your phone number will automatically be presented to XclusivNet Customer Services so that we’re able to provide you with integrated customer services and for security purposes. The legal basis that we rely on to process Your Information for the above purpose is legitimate interest and/or to enable us to improve and develop our business operations and services.

(b) Marketing and keeping you informed

To carry out analysis of your information, in order to develop our relationship with you, to develop and personalise XclusivNet Services and to present and deliver these to your Equipment. The legal basis that we rely on to process Your Information for the above purpose is our legitimate interests and/or your consent.
- To keep you informed about XclusivNet services, developments, pricing tariffs, special offers, and any discounts or awards which we believe may be of personal interest to you, or which you may be entitled to. We may keep you up to date directly to your Equipment, and by post, phone and by electronic messaging such as phone, text and MMS, email voice, and audio, subject to any preferences indicated by you. You can contact us at any time to ask us not to use your location or Communications Data for marketing purposes or if you would prefer not

to receive direct marketing information, or simply to update your preferences by writing to or calling XclusivNet Customer Services, by sending an email to [email protected]

To tell you about the products and special promotions of carefully selected partners (subject to your preferences) and allow you to receive advertising and marketing information from them but without passing control of your information to the third party concerned. We may also share depersonalised or aggregated data with third parties for analysis and insight in relation to the use of the XclusivNet network and its services.

The legal basis that we rely on to process Your Information for the above purpose is our legitimate interests and/or your consent.

To carry out market research and surveys. The legal basis that we rely on to process Your Information for the above purpose is our legitimate interests and/or your consent.
- To carry out activities necessary to the running of our business, including system testing, network monitoring, staff training, quality control and any legal proceedings. The legal basis that we rely on to process Your Information for the above purpose is for our legitimate interests in order to conduct and manage our business; for the performance of our contract between you and us; or in connection with legal proceedings (i.e. the establishment, exercise or defence of legal claims).
  - To carry out any activities or disclosures to comply with any regulatory, government or legal requirement. The legal basis that we rely on to process Your Information because the processing is necessary for compliance with a legal obligation.

Other third parties that we may disclosure Your Information to

Your Information may also be processed by:
1. our business partners, suppliers and sub-contractors for the performance of any contract we enter into with you, for example we engage third parties to process applications, to carry out surveys and to provide insurance for your Equipment.
other members of our Group;
other professional advisers (including accountants and lawyers) that assist us in carrying out our business activities;
police and other law enforcement agencies in connection with the prevention and detection of crime;
other external agencies and organisations (including the National Crime Agency) for the purpose of preventing and detecting fraud (including fraudulent transactions), money laundering and criminal activity; and
third parties if we are under a duty to disclose or share Your Information in order to comply with any legal obligation or instructions of a regulatory body (including in connection with a court order), or in order to enforce or apply the terms of any agreements we have with or otherwise concerning you (including agreements between you and us) or to protect our rights, property or safety of our customers, employees or other third parties.

We may also disclose Your Information to other third parties, for example:
in the event that we sell or buy any business or assets we will disclose Your Information to the prospective seller or buyer of such business or assets;
if we or substantially all of our assets are acquired by a third party (or are subject to a reorganisation within our Group), Your Information held by us will be one of the transferred assets; and
if we are under a duty to disclose or share Your Information in order to comply with any legal obligation, orin order to enforce or apply this Agreements concerning you (including agreements between you and us).

Fraud Prevention

The personal information we have collected from you will be shared with fraud prevention agencies who will use it to prevent fraud and money-laundering and to verify your identity. If fraud is detected, you could be refused certain services, finance, or employment. Further details of how your information will be used by us and these fraud prevention agencies, and your data protection rights, can be found in the terms and conditions section of our website.

Where will we transfer Your Information

Your Information will be processed both within and outside the European Economic Area (EEA). Where we transfer Your Information outside of the EEA, we will implement appropriate and suitable safeguards to ensure that such personal information will be protected as required by applicable data protection law. as required by applicable data protection law. These measures generally include:
1. Commercial terms to safeguard the processing of Your Information and;
Technical security standards commensurate with the nature of the data being processed.
For further information as to the safeguards we implement please contact our Data Protection and Privacy Officer at the contact details set out in Section 15.9.

Retention of data

We may retain Your Information for as long as is necessary for the purposes detailed in this notice and until charges for XclusivNet Services cannot be lawfully challenged and legal proceedings may no longer be pursued. Generally, we’ll keep your communications data for up to one year. Your account information will be kept after your relationship with Three ends to comply with our legal and regulatory obligations.

Your Rights

You have certain rights with respect to Your Information. The rights may only apply in certain circumstances and are subject to certain exemptions. Please see the table below for a summary of your rights. You can exercise these rights using the contact details set out in section 15.9.

	Summary of your rights
Right of access to your personal information	You have the right to receive a copy of your personal information that we hold about you, subject to certain exemptions.
Right to rectify your personal information	You have the right to ask us to correct your personal information that we hold where it is incorrect or incomplete.
Right to erasure of your personal information	You have the right to ask that your personal information be deleted in certain circumstances. For example (i) where your personal information is no longer necessary in relation to the purposes for which they were collected or otherwise used; (ii) if you withdraw your consent and there is no other legal ground for which we rely on for the continued use of your personal information; (iii) if you object to the use of your personal information (as set out below); (iv) if we have used your personal information unlawfully; or (v) if your personal information needs to be erased to comply with a legal obligation.
Right to restrict the use of your personal information	You have the right to suspend our use of your personal information in certain circumstances. For example (i) where you think your personal information is inaccurate and only for such period to enable us to verify the accuracy of your personal information; (ii) the use of your personal information is unlawful and you oppose the erasure of your personal information and request that it is suspended instead; (iii) we no longer need your personal information, but your personal information is required by you for the establishment, exercise or defence of legal claims; or (iv) you have objected to the use of your personal information and we are verifying whether our grounds for the use of your personal information override your objection.
Right to data portability	You have the right to obtain your personal information in a structured, commonly used and machine-readable format and for it to be transferred to another organisation, where it is technically feasible. The right only applies where the use of your personal information is based on your consent or for the performance of a contract, and when the use of your personal information is carried out by automated (i.e. electronic) means.

Right to object to the use of your personal information	You have the right to object to the use of your personal information in certain circumstances. For example (i) where you have grounds relating to your particular situation and we use your personal information for our legitimate interests (or those of a third party) including for profiling; and (ii) if you object to the use of your personal information for direct marketing purposes, including profiling (to the extent it relates to direct marketing).
Right to object to decision which is based solely on automated processing	You have the right in certain circumstances not to be subject to a decision which is based solely on automated processing without human intervention.
Right to withdraw consent	You have the right to withdraw your consent at any time where we rely on consent to use your personal information.
Right to complain to the relevant data protection authority	You have the right to complain to the relevant data protection authority, which is, in the case of Three, the Information Commissioner’s Office, where you think we have not used your personal information in accordance with data protection law.

Notification of changes

If we change this notice we’ll post the amended version on our website, so you always know how we’ll collect, use and disclose your information.

15. Notices

Our website, XclusivNet.com, is a great source of information that you may find useful when using the XclusivNet Services – it’s the most up to date source of information about XclusivNet and XclusivNet Services.
1. If we need to send any notices under this Agreement to you, we’ll do this by communicating them to you via phone, text message, electronic messaging, email, or mail, using your most recent contact details given to us (if any).

16. Other terms

This Agreement is governed by English Law unless you live in Scotland, in which case it will be governed by Scots Law. Each of us agrees to only bring legal actions about this Agreement in a UK court.
1. If you, or we, delay, or don’t take action to enforce our respective rights under this Agreement, this does not stop you, or us, from taking action later.
If any of the terms in this Agreement are not valid or legally enforceable, the other terms won’t be affected. We may replace any term that is not legally effective with a similar term that is.
We may assign or transfer some or all of our rights and obligations under this Agreement to a party who agrees to continue complying with our obligations under this Agreement, provided that your rights under this Agreement or any guarantees given by us to you are not affected. No other person (other than our assignee(s), if any) may benefit from this Agreement.
You confirm that you have full contractual capacity to agree to this Agreement and are able to pay the Charges.
Third parties can’t benefit from this Agreement under The Contracts (Rights of Third Parties) Act 1999.
Our registered company number is 03885486 (England and Wales) and our registered office is at 450 Longwater Avenue, Green Park, Reading, Berkshire RG2 6GF.

Definitions

Where we use these words they have the following meanings:

Wireless Access Point	the fixed wireless access point provided by XclusivNet order to connect to the the XclusivNet Network
Account Owner:	the person who entered into this Agreement and is named on the Contract Approval Form.
Additional Services:	any additional services that we may make available to you from time to time.
Ancillary Services:	the optional services which we may charge you relating to your use of the XclusivNet Services
Annual Price Change:	an increase to the Monthly Charge as described in Section 4.1.

Cancellation Fee:	a fee charged if we end this Agreement due to your conduct or if you end this Agreement within the Minimum Term after the first 14 days from the day you receive the Equipment
Cancellation Period:	the period in which you have the right to cancel this Agreement, which expires 14 days from the day on which your Equipment is delivered.
Charges:	charges for access to, and use of, XclusivNet Services. These charges may cover (but are not limited to) fixed periodic charges, including your Monthly Charge, Additional Services usage charges (for example, charges for Outside of Allowance Services or Additional Services), account administration fees, fees for Connection and re-Connection and any costs incurred in collecting outstanding payments from you.
Commencement Date:	the date set out in the Contract Agreement Form.
Communications Data:	information about the routing of services and where applicable calls and messages you make and receive, the date, time, duration and cost of these, and information about the identity of your Equipment.
Connection:	the procedure by which we give you access to XclusivNet Services. ‘Connect’,
	‘Connecting’, and ‘re-connection’ have corresponding meanings.
Contract Agreement Form:	the email we send to you when you take out a new Plan – either as a new customer or as an existing, upgrading customer.
CPI Rate:	the December Consumer Price Index annual percentage change published by the Office for National Statistics in January each year. We may also refer to this as the “December CPI Rate”.
December CPI Rate:	the December Consumer Price Index annual percentage change published by the Office for National Statistics in January each year. We may also refer to this as the “CPI Rate”.
Disconnection:	the procedure by which we stop your access to XclusivNet Services. ‘Disconnect,’ ‘Disconnected’ and ‘Disconnecting’ have corresponding meanings.
Equipment:	the Wireless Access Point that XclusivNet provide to you in order to connect to the XclusivNet Network
Minimum Term:	the minimum fixed term for the supply of the XclusivNet Services as set out in the Contract Agreement Form, which starts on the Commencement Date.
Monthly Charge:	is the monthly fixed charge payable by you for Your Plan (as set out in the Price Guide), including any Annual Price Change if applicable.
Plans:	our current Plans available for you to select as well as any other Plans we may introduce in the future.
Recurring Payment Method:	a means of automated payment, preauthorised by you, such as by Direct Debit or a recurring credit or debit card payment
Returns Period:	the number of days you have to cancel this Agreement and/or return your Equipment, as detailed in the Returns Policy, or as stated in your Contract Agreement Form.
Returns Policy:	our returns policy applicable at the time this Agreement begins

Suspension:	the procedure by which we temporarily Disconnect your access to the XclusivNet Services. ‘Suspend’ and ‘Suspended’ have a corresponding meaning.
Terms:	these Terms and Conditions for using the XclusivNet Network and XclusivNet Services.
XclusivNet Customer Services:	our service team who are available to help you with your queries. Equipment customers can call +44 (0) 1274916240 or email [email protected]
XclusivNet Network:	means the public telecommunications network owned, operated or used by XclusivNet.
Three Services (and/or Service(s)):	the fixed wireless access broadband services offered by XclusivNet which we have agreed to provide to you.
User:	An individual who uses the xclusivNet Services provided under this Agreement other than the Account Holder.
‘Your Plan‘:	means the Plan you have chosen, details of which are set out in the Customer Agreement Form.