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 c/o RECLOUD PTY LTD
• Email: support@neptune.net.au

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. Service Plans

The service is provided according to the selected plan. Details of our plans can be found on our website in the Plans Section.

The above speeds are maximum speeds, and actual speeds may vary based on several factors, including the time of day and the technology used.

3. 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.

4. Use of Service

When using a Service, you must comply with:

1. Your Customer Contract: This includes any applicable Acceptable Use Policy or Fair Use Policy.
2. All Laws: You must ensure that your use of the service is in compliance with Australian law.

You must not use the service:

1. In breach of any law: This includes using the service for illegal activities or purposes.
2. To breach anyone else’s rights: This includes infringing on others' intellectual property or privacy rights.
3. To infringe copyright: Unauthorized distribution or sharing of copyrighted materials is prohibited.
4. 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.
5. 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.

5. 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.

6. 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.

7. Fault Reporting

You must report any faults or service issues in a timely manner. 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.

8. 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.

9. 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.

10. Complaints and Contact

If you have any issues or concerns about your service, you can contact us at support@neptune.net.au. 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: 14 October 2024