Terms and Conditions

1. About Us

• RECLOUD PTY LTD, trading as NEPTUNE INTERNET
• ABN: 38 643 675 816
• Address: PO BOX 3043 Ripponlea VIC 3185
• Phone: 1800 868 508
• Email: [email protected]

These terms and conditions govern the use of our services and the provision of internet services according to the selected plan. By using our services, you agree to comply with these terms and with the Australian Consumer Law (ACL).

2. Payment Terms

• All service plans are paid at the beginning of each billing period, which is a calendar month.
• If your credit card payment fails, we will attempt to charge your card multiple times. If the payment fails after several attempts, your service may be disconnected or degraded until the payment is successfully processed.
• You can change your service plan at any time during the billing period, and any charges will be prorated in your next invoice.
• You can cancel your service any time using Subscription Management Portal Link.

3. Responsible Use of Service

When using a Service, you must comply with:

• Terms of Service: This includes any applicable Acceptable Use Policy or Fair Use Policy.
• All Laws: You must ensure that your use of the service is in compliance with Australian law.

You must not use the service:

• In breach of any law: This includes using the service for illegal activities or purposes.
• To breach anyone else’s rights: This includes infringing on others' intellectual property or privacy rights.
• To infringe copyright: Unauthorized distribution or sharing of copyrighted materials is prohibited.
• To create, transmit, or communicate defamatory, obscene, pornographic, discriminatory, offensive, or illegal content: This includes any content that may bring NEPTUNE INTERNET or its partners into disrepute.
• To host or transmit harmful content: You must not host or transmit content that contains viruses, malware, or any code designed to interrupt, damage, or limit the functionality of any software, hardware, or communication equipment.
• To compromise security or disrupt services: Activities that jeopardize the security or integrity of our network, systems, or other users are strictly prohibited.
• Do anything (including storing, sending, distributing content, or other material) that disrupts or interferes with the reliability and the operational capacity of our network, affects other Neptune Internet subscribers, or impacts anyone else on the Internet.
• Forge HTTP or email headers, falsify email source addresses, impersonate others, or attempt to access unauthorized systems or data by obscuring or misrepresenting the original source of information.
• Operate business services without prior authorization.
• Store credit card data without explicit written consent.
• Collect personal information of anyone without their consent.
• Perform network, port, or vulnerability scanning of any hosts on the Internet, Neptune Internet Network or Systems without authorization or prior consent.
• Engage in illegal activities or encourage others to do so.
• Endanger others, damage property, or compromise the security or integrity of Neptune’s network and systems.
• Engage in defamatory, abusive, or otherwise offensive behavior.

3.1. User Responsibilities

You are responsible for your activities on Neptune Internet’s network and any systems you access through our services. We require all users to act responsibly and avoid any activity that could harm others, jeopardize security, or compromise the integrity of our network and systems.

4. Unsolicited Electronic Communications Policy

• You must not use the Service for any purpose that violates the Spam Act 2003 (Cth), which prohibits sending unsolicited electronic communications such as emails, instant messages, SMS, or other commercial messages.
• For the purposes of this policy, unsolicited electronic communications include one or more unwanted commercial electronic messages, including but not limited to emails, instant messages, and SMS, as defined by the Spam Act.

• You must not use the Service to:

  • Send or assist in the sending of unsolicited electronic communications, such as emails, instant messages, or SMS;
  • Harvest email addresses, phone numbers, or other electronic identifiers to send unsolicited communications;
  • Host SMTP open relay servers or any gateways that facilitate the distribution of unsolicited electronic communications, including SMS gateways;
  • Otherwise breach the Spam Act.

• You must not host SMTP open relay servers or other gateways that allow to distribute unsolicited electronic communications, including but not limited to SMS gateways.

5. Copyright

You are responsible for ensuring that your activities do not infringe the intellectual property rights of others.

5.1. Prohibited Activities:

• Do not reproduce, adapt, or distribute copyrighted materials without authorization.
• Ensure compliance with the Copyright Act 1968 (Cth) and other applicable laws.
• Neptune Internet may degrade upload speeds or remove infringing materials upon receiving credible copyright complaints.

6. Content

• Content Responsibility: You are responsible for all content accessed, stored, or shared via Neptune Internet.
• Protection for Minors: Take steps to block harmful or inappropriate content if minors use your Services.
• Restricted Content:
  • Do not distribute unlawful, obscene, or offensive materials.
  • Further information on content filtering programs is available on the Communications Alliance website http://www.commsalliance.com.au.
• If you have a complaint about content accessible on the Internet you may contact the ACMA by lodging an online complaint form at www.acma.gov.au, emailing [email protected] or faxing your complaint to the ACMA Content Assessment Hotline Manager on (02) 9334 7799. You may also report a complaint about content by emailing us at [email protected].

7. Breach of Terms of Service and Acceptable Use Policy

• Violation of this policy may lead to restrictions, suspension, or cancellation of your Services.
• Serious breaches may result in immediate cancellation.
• If we notice a breach of this policy, we’ll usually reach out and give you a chance to make things right. Failure to address the issue within a reasonable time may result in suspension or cancellation of your Services without further notice.
• If Neptune Internet cancels your service, you may request a pro-rata refund for any pre-paid charges. However, we reserve the right to deduct reasonable costs incurred due to actions or conduct that led to the cancellation.

8. Referral Program

Neptune permits its users to participate in a referral program designed to reward existing users for referring friends and family.

Upon successful referral, and conclusion of any trial periods, both parties will receive a credit to the value of one month of their subscription.

Since the referral program is intended to incentivise existing Neptune subscribers to recommend the service to their friends and family, there are some conditions:

• We do not permit "referral loops". This describes a scenario where person A refers person B, who then refers person A.
• Promoting your referral code on any public forum or platform (such as Whirlpool or OzBargain) is prohibited.

Neptune reserves the right to invalidate a referral code if there is reasonable suspicion or proof that the condtions of the program have been breached.

9. Allocation of Identifiers

As part of your service, you may be allocated:

• IP addresses (IPv4 and IPv6)
• Delegated IPv6 prefixes
• Email addresses
• Other identifiers

These identifiers may be licensed by third parties, such as APNIC. Any IP addresses assigned to you may be managed using NAT or CGNAT technology unless a static IP is acquired. IP addresses are generally dynamic, though they may be statically assigned at NEPTUNE INTERNET's discretion.

10. Service Disruptions and Maintenance

NEPTUNE INTERNET will take reasonable steps to ensure continuous service delivery, but there may be disruptions due to planned or unplanned maintenance. When feasible, we will notify you in advance of any planned maintenance that could disrupt your service.

NBN ^® Co. may also conduct scheduled or unscheduled maintenance, which could result in service interruptions. NEPTUNE INTERNET will notify you of these events as soon as possible and will take reasonable steps to minimize disruption.

11. Fault Reporting

You must report any faults or service issues in a timely manner using [email protected] email address. NEPTUNE INTERNET will investigate and address the fault as quickly as possible. If your service is disrupted, you may be entitled to a remedy under the ACL, depending on the nature of the fault and whether it constitutes a major failure.

12. Liability

If you are an ACL Consumer or ACL Small Business, the services provided by NEPTUNE INTERNET come with guarantees that cannot be excluded under the Australian Consumer Law (ACL).

Under the ACL, you are entitled to certain guarantees, including:

• Services will be provided with acceptable care and skill: The service must be fit for the purpose for which it was supplied.
• Services will be fit for a particular purpose: If you made us aware of a particular purpose for the service, it must be suitable for that purpose.
• Services will be delivered within a reasonable time: If no time has been specified, the services must be delivered within a reasonable timeframe.

If there is a major failure in the service, as defined under the ACL, you are entitled to one or more of the following remedies:

• Cancel the service contract: You may cancel your contract with NEPTUNE INTERNET and receive a refund for any part of the service you have paid for but not received.
• Compensation: You may be entitled to compensation for any reasonably foreseeable loss or damage as a result of the failure.

A major failure occurs when:

• The service has a problem that would have stopped someone from purchasing it if they had known about the issue.
• The service is substantially unfit for its common purpose and cannot easily be made fit within a reasonable timeframe.
• The service does not meet the specific purpose you requested, and it cannot be easily rectified.

In cases of non-major failures, you are entitled to have the problem rectified, and NEPTUNE INTERNET will take reasonable steps to address the issue within a reasonable time.

Our liability for any loss or damage in connection with the use of the services, or arising under these terms, is limited to the extent permitted by law. This includes limiting liability to:

• Re-supplying the service; or
• Paying the cost of having the service re-supplied.

We do not exclude or limit our liability where it would be unlawful to do so, including for death or personal injury caused by negligence.

13. Changes to Plans and Terms

We may revise or change these terms and the details of the plans from time to time to ensure compliance with Australian Consumer Law and the guidelines provided by the ACCC. Any updates will be posted on our website, and your continued use of the service constitutes acceptance of any changes.

14. Complaints and Contact

If you have any issues or concerns about your service, you can contact us at [email protected]. We will respond promptly to resolve your concerns.

If you believe your consumer rights under the ACL have been violated, you can contact NEPTUNE INTERNET directly or lodge a complaint with the Australian Competition and Consumer Commission (ACCC) or your local state consumer protection agency.

Effective Date: 14 October 2024 Last Updated: 17 November 2024