Terms and Conditions

Effective Date: 14 October 2024 Last Updated: 15 August 2026

1. About Us

• NEPTUNE INTERNET PTY LTD
• ABN: 97 682 454 815
• Address: PO BOX 3043 Ripponlea VIC 3185
• Phone: 1800 868 508
• 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) and the Telecommunications Act 1997 (Cth).

Our Privacy Policy describes how we collect, use, store, and disclose your personal information in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles.

2. General Service Terms

2.1. Payment Terms

• Plans are billed one calendar month in advance. There is no lock-in period and no minimum term — you may cancel at any time; see the cancellation terms below for the goodwill pro-rata refund that applies when you cancel mid-cycle.
• All service plans are paid in advance on a monthly schedule, charging on the same day each month as your first payment (e.g. the 29th if you first paid on the 29th, or the 28th in a month that has no 29th, such as February in a non-leap year).
• If your credit card payment fails, we will retry 1 day after the initial failure, then 3 days after that, then 5 days after that. If payment still cannot be processed, your service may then be rate limited, then suspended, and finally disconnected from the NBN network. We will give you written notice before each of these steps in accordance with clause 2.8, and we will not take any of these steps earlier than the notice period in that clause allows. You can stop this process at any time by contacting us and arranging payment or payment assistance. If you are experiencing financial difficulty, please refer to our Payment Assistance Policy.
• 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 your customer portal. As a gesture of goodwill, Neptune Internet will automatically issue a pro-rata refund for the unused portion of your billing period when you cancel mid-cycle. However, the following fees already incurred will be retained:
  • Payment processing fees charged by our payment processor, Stripe: 1.7% of the transaction amount + A$0.30 for domestic cards, or 3.5% + A$0.30 for international cards;
  • NBN service transfer fee of A$5.50 (incl. GST), if the service is cancelled during the first calendar month of service;
  • nbn fibre upgrade early termination fee — a charge imposed on us by nbn and passed through to you at cost, which may apply only if you ordered a free fibre upgrade under the nbn Fibre Connect program and cancel your service, transfer to another provider, or downgrade below the minimum eligible speed tier within 12 months of the upgraded fibre (FTTP) service being activated — see clause 2.7. This is the only early termination fee that can ever apply to your service, and it is disclosed in our Critical Information Summary.

2.2. Trial Periods

The trial is a free evaluation, not a paid service contract. Your paid service starts when the trial ends.

• A trial is a free, no-obligation evaluation of an nbn service at your address, offered at our discretion to new customers only. The length of the trial is stated in the sign-up form and the checkout form, and confirmed in your order confirmation email. The trial has a fixed end date, which is disclosed to you before the trial begins.
• During the trial you pay nothing, you owe us nothing, and you are under no obligation to continue. You are a trial participant, not a paying customer — you have no payment obligation and no ongoing commitment during the trial. These Terms still apply to your use of the trial service, including clause 3.
• Your paid, month-to-month service begins at the end of the trial period, on the first day of the first paid billing period, and only once a valid payment method has been successfully charged. There is no lock-in and no minimum term — the billing terms in clause 2.1 apply from that point, not before.
• A valid payment method must be provided before the trial starts so that the service can convert automatically at the end of the trial. Providing it does not start billing: at sign-up we place a card on file only, and no charge is made until the trial ends.
• Ending the trial. You may end the trial at any time before it expires, for any reason, at no cost, using your customer portal or by contacting us. If you do, nothing is charged.
• We may end the trial at any time during the trial period, immediately and without further notice, including where: you do not meet the eligibility conditions in this clause; we reasonably suspect fraud, misuse, or an attempt to obtain more than one trial; the trial is being used in breach of these Terms or our Fair Use Policy; we cannot verify your identity or occupancy of the connection address under clause 2.4; or our wholesale supplier withdraws or cannot sustain the service. No fee is charged and no refund is payable, because no fee has been paid.
• Because a trial is free and unbilled, ending or not renewing a trial is not a restriction, suspension, or disconnection for credit or debt management purposes, and the notice periods in clause 2.8 do not apply to it. The end date of the trial is itself the notice, and it is given to you before the trial starts.
• At the end of the trial, a valid payment method must be successfully charged for the service to continue. If payment cannot be processed, or no valid payment method is on file, the service will not convert to a paid service and will be disconnected at the end of the trial without further notice. This is the expiry of a free trial on its disclosed end date, not a disconnection for non-payment.
• Trial days are not a form of credit and cannot be transferred, exchanged, redeemed for cash, or refunded, and cannot be combined with any other trial, credit, or promotional offer unless we say so in writing.
• One trial only. Each customer is eligible for one trial only. This applies per person, per household, per address, per payment method, and per customer account. We reserve the right to determine eligibility for a trial at our sole discretion. Attempts to obtain additional trials — such as by using a different email address, creating a new account, or signing up under another household member's name — may result in the trial being declined or cancelled, and any resulting service being cancelled.
• If you have previously received a trial, you are not entitled to a second trial, even if you change plans, relocate, or open a new account. The per-address restriction applies for a period of 24 months from the date of the previous trial; a genuinely new tenant at a previously trialled address may be eligible for a trial after that period or at Neptune Internet's discretion.
• You may only trial plans that are available for your address based on the automated service qualification undertaken through the service qualification API of our wholesale suppliers. Only plans that Neptune Internet can access and deliver to your address via the wholesale network are eligible for trial.
• The trial is subject to the same service limitations as the paid service. In particular, the limitations in clause 3 (Service Limitations — Life Support, Medical and Emergency Services) apply in full during a trial. Do not connect or migrate a medical alarm, back-to-base alarm, lift phone, or any other safety-critical device to a trial service.
• Nothing in this clause limits any right or remedy you have under the Australian Consumer Law, the Telecommunications Act 1997 (Cth), or any other law, to the extent that right or remedy cannot lawfully be excluded, restricted, or modified. You may raise a complaint about a trial with us under clause 19, and escalate it to the Telecommunications Industry Ombudsman.

2.3. Signing Up For the Service

• Plans available at your address are determined through an automated service qualification performed using the service qualification API of our wholesale suppliers. Only plans that Neptune Internet can access and deliver to your address via the wholesale network will be available for sign-up.
• Neptune Internet will not provide service to an address that does not successfully pass automated service qualification. We may, at our discretion, determine that an address is not serviceable, even if it is technically listed as eligible by the wholesale network. If we make such a determination, we will provide reasons upon request, and you may ask us to review the decision.
• The sign-up process is fully automated. Activation typically takes up to 2 business days, but may take longer depending on network availability or wholesale processes.
• A valid payment method must be provided before Neptune Internet can proceed with order processing or activation.

2.4. Customer Information and Verification

To sign up for and use Neptune Internet services, you must provide your full name, an email address, an Australian phone number, a valid payment method, and the connection address (the address at which the Service is to be provided). All information you provide must be true and accurate, and you must keep it up to date.

Deliberate use of a fake name, or a phone number or email address that does not exist or does not belong to you, may result in immediate disconnection of your Service without a refund.

If you are transferring an existing internet service to Neptune Internet from another provider, you must additionally provide either the AVC identifier (Access Virtual Circuit ID) of your existing service from your previous provider or a proof of occupancy document as described below.

We may request information or documentation to verify your age, including to confirm that you are at least 18 years old.

We may also request additional documentation if we need to confirm occupancy of the connection address. This may include a recent utility bill (for example, an electricity, gas, or water bill) or a proof of occupancy document. A proof of occupancy is an official record proving that you legally reside at a property or that the building is safe to inhabit; it must clearly state your full name, the exact service address, and the date of occupancy.

All information and documentation you provide will be securely stored. Please refer to our Privacy Policy for details on how we collect, use, and store your personal information.

2.5. Missed Appointment and Late Cancellation Fees

If an nbn technician attends your premises for a scheduled appointment and you (or an authorised representative) are not present, or access to the premises cannot be provided, or you cancel a scheduled appointment with less than 2 business days' notice, the following fees may apply:

• Fibre (FTTP): No charge for the first occurrence. $82.50 (incl. GST) for any subsequent occurrence.
• HFC, FTTC, FTTB, FTTN: $82.50 (incl. GST) from the first occurrence.

Appointments must be cancelled or rescheduled with at least 2 business days' notice to avoid charges.

2.6. No Fault Found (NFF) Fee

If an nbn technician is dispatched to your premises to investigate a reported fault and the issue is determined to be caused by your own equipment, internal wiring, or configuration (rather than the nbn network or Neptune Internet's services), a No Fault Found (NFF) fee of $165 (incl. GST) may apply. Before dispatching a technician, Neptune Internet will make reasonable efforts to troubleshoot the issue remotely and will seek your acceptance of the potential NFF fee before proceeding with a technician callout.

2.7. Free Fibre Upgrade (nbn Fibre Connect)

If your address is eligible, you may be offered a free upgrade to Fibre to the Premises (FTTP) under nbn's Fibre Connect program. To order the fibre upgrade, you must be on (or sign up for) a plan with a speed tier of 100/20 Mbps or 100/40 Mbps, or faster. This eligibility requirement applies to both FTTN and FTTC addresses.

The upgrade installation is provided free of charge by nbn on the condition that the upgraded service remains active on an eligible speed-tier plan for 12 months from the date the upgraded FTTP service is activated. By accepting the free fibre upgrade, you agree to remain on an eligible speed-tier plan for that 12-month period.

If, within 12 months of the upgraded FTTP service being activated, you:

• cancel your service;
• transfer (churn) your service to another provider; or
• downgrade to a plan below the minimum eligible speed tier,

nbn may charge us a fibre upgrade early termination fee, which we may pass through to you at cost. This is nbn's charge, not a Neptune Internet fee. It is the only early termination fee that can ever apply to your service, and it can only apply if you ordered the free fibre upgrade. nbn does not always charge this fee; where it is charged, the amount is disclosed in our Critical Information Summary.

Please note:

• Because the fee is a pass-through of nbn's charge to us, it may apply regardless of your reason for cancelling, transferring, or downgrading — including where you sell your home, move out, or otherwise no longer occupy the connection address.
• After the 12-month period ends, you may cancel, transfer, or change your plan without incurring this fee.
• If charged, this fee applies in addition to, and does not affect, the goodwill pro-rata refund described in clause 2.1.

For more information about the fibre upgrade process, see our Fibre Upgrade page.

2.8. Restriction, Suspension and Disconnection for Non-Payment

Before we restrict, temporarily block, suspend, or disconnect your Service for credit or debt management reasons, we will give you written notice:

• at least 5 working days beforehand; or
• at least 10 working days beforehand where we know you are experiencing financial hardship — in which case restricting, temporarily blocking, or disconnecting your Service is a measure of last resort.

Working days are counted excluding both the date the notice is issued and the date we take the action.

Before taking any such action, we will take reasonable steps to determine whether you are experiencing financial hardship. If you have an agreed payment arrangement with us and have not met it, we will contact you and offer to review the arrangement before taking action. We will not restrict, suspend, or disconnect your Service while a hardship application is being assessed, and while it is being assessed the timetable in clause 2.1 is paused.

Our notice will tell you what action we intend to take and when, why we are taking it, the charges that may apply, how the action affects any other services you have with us, how to contact us with questions, and how to contact the Telecommunications Industry Ombudsman and free financial counselling services. Where applicable it will also tell you that unpaid amounts may be referred to a debt collection agency or sold to a third party, that a credit reporting body may record a non-payment default, and that we may take legal action to recover amounts you owe.

Exceptions. We may restrict, temporarily block, suspend, or disconnect the Service without prior notice where we reasonably consider that you or your account presents an unacceptably high credit risk, where you have reached a restriction point you nominated to us, or where we reasonably suspect the account has been used illegally or fraudulently.

If you are experiencing domestic, family, or sexual violence, you may make an urgent request for us to lift or reverse a restriction, temporary block, suspension, or disconnection, and we will act on it urgently. See also our Payment Assistance Policy, our Domestic, Family and Sexual Violence Policy, and clause 20.

This clause does not apply to the expiry of a free trial on its disclosed end date — see clause 2.2.

3. Service Limitations — Life Support, Medical and Emergency Services

3.1. The Service is a best-effort broadband service (nbn Traffic Class 4)

Neptune Internet supplies a residential and small business broadband internet service over the nbn^® network using nbn Traffic Class 4 (TC-4). TC-4 is nbn's best effort traffic class for internet and standard data services. It is not a guaranteed, prioritised, or protected class of service: it carries no committed information rate, no guaranteed frame delay, frame loss, or jitter, and no availability guarantee. The nbn traffic classes intended for time-critical and mission-critical applications — such as Traffic Class 1, which nbn designs for voice and other real-time services — are separate wholesale products that Neptune Internet does not supply on its residential or small business plans.

Because the Service is delivered over TC-4:

• throughput, latency, jitter, and packet loss vary with network load, the time of day, the access technology at your premises, the equipment you use, and conditions in the nbn and upstream networks;
• the Service may be unavailable, degraded, or interrupted during planned or unplanned nbn maintenance, network faults, upgrades, congestion, or power outages; and
• fault restoration is subject to nbn's wholesale timeframes. Standard restoration timeframes apply unless you have purchased an nbn Enhanced Service Level (Enhanced 4 or Enhanced 12), and an Enhanced Service Level is a fault repair time commitment, not an availability guarantee — see our Critical Information Summary.

nbn publishes information about its traffic classes, including the nbn^® Traffic Class 4 Fact Sheet for nbn^® internet and standard data services, in its product and technical information at nbnco.com.au.

3.2. Not for life support, medical, or emergency use

The Service is not designed for, and must not be used for, any life support, medical, safety-critical, or emergency purpose. You must not use, and must not permit anyone else to use, the Service as the sole or primary means of connectivity for:

• life support equipment, ventilators, dialysis machines, or any other equipment on which a person's life or health depends;
• medical alarms, personal medical alert devices, autodiallers, emergency call buttons, or telecare, telehealth, or remote patient monitoring systems;
• contacting emergency services (Triple Zero — 000), or any other emergency, duress, or distress calling service;
• fire alarm or fire indicator panel monitoring, back-to-base or monitored security alarms, duress alarms, lift emergency telephones, or any other safety-critical monitoring, alarm, or signalling service; or
• any other mission-critical application where a failure, delay, or interruption of the Service could result in death, personal injury, or loss of or damage to property.

Neptune Internet does not supply a standard telephone service and does not supply a voice service. The Service cannot be used to make emergency calls. You must maintain a separate and independent means of contacting emergency services — for example, a charged mobile phone with coverage at your premises.

The Service will not work during a power outage. The nbn network requires power at your premises as well as in the network, which is a difference from the legacy copper telephone network. Where any battery backup is fitted, it is limited in capacity, is not supplied, maintained, or monitored by Neptune Internet, and may not outlast an outage.

Devices such as medical alarms, autodiallers, emergency call buttons, fire and security alarms, lift emergency phones, and EFTPOS terminals may not be compatible with the nbn network at all, and may not work during a power outage, an nbn fault, or a maintenance window. Before you order, migrate, or rely on the Service, you must check with the manufacturer or monitoring provider of any such device whether it will operate over the nbn network, and arrange a suitable alternative — for example, a device with its own battery and an independent mobile network connection. nbn publishes device compatibility guidance, including specific guidance for medical alarms, at nbnco.com.au/learn/device-compatibility. nbn's Medical Alarm Register closed on 30 June 2023 and cannot be relied on.

3.3. Your acknowledgement

By accepting these Terms, and by ordering, activating, trialling, or using the Service, you acknowledge and agree that:

• you have read and understood clauses 3.1 and 3.2;
• the Service is a best-effort broadband service with no availability guarantee, and is not suitable for any life support, medical, safety-critical, mission-critical, or emergency purpose;
• you are not relying, and will not rely, on the Service for any such purpose, including life support equipment, medical alarms, personal alert devices, autodiallers, telecare or remote patient monitoring systems, monitored fire or security alarms, lift emergency phones, or any other safety-critical monitoring or signalling device;
• the Service cannot be used to contact emergency services (Triple Zero — 000) and will not operate during a power outage, and you will maintain a separate, independent means of contacting emergency services;
• Neptune Internet does not offer priority assistance (see clause 4), and if you or anyone at your premises has a life-threatening medical condition and needs priority assistance, you will obtain a standard telephone service from a provider that offers it, such as Telstra;
• before connecting or migrating any device described above, you are responsible for checking with its manufacturer or monitoring provider whether it will operate over the nbn network;
• you have satisfied yourself that the Service is suitable for your purposes; and
• you are responsible for putting in place and maintaining any redundancy, backup connectivity, uninterruptible power supply, or alternative means of contacting emergency services that your circumstances require.

To the maximum extent permitted by law, and subject to clause 15 and to any rights you have under the Australian Consumer Law that cannot lawfully be excluded, restricted, or modified, Neptune Internet is not liable for any loss, damage, injury, or death arising from use of the Service for a purpose described in clause 3.2.

If a person at your premises has a life-threatening medical condition and depends on a telecommunications service, read clause 4 before you order.

4. Priority Assistance

Priority assistance is a service for people with a diagnosed life-threatening medical condition who may need to call for help urgently. It applies to standard telephone services (landlines) and provides faster connection, faster fault repair, and a higher level of service reliability.

Neptune Internet does not offer priority assistance. We supply an internet-only service over the nbn network. We do not supply a standard telephone service and we do not operate a priority assistance program, so we cannot offer priority assistance to you or to anyone at your premises.

If you, or anyone at your premises, has a life-threatening medical condition and needs a priority assistance service, you should obtain a standard telephone service from a provider that offers one. Telstra is required by the Australian Government, as a condition of its carrier licence, to provide priority assistance. Telstra's policy and application form are published at telstra.com.au/consumer-advice/customer-service/priority-assist, or you can call Telstra on 13 22 00 and ask for "Priority Assistance". Some other providers also offer priority assistance or similar arrangements — ask the provider before you sign up.

Providers that choose to offer priority assistance must meet the minimum standards in the industry code Priority Assistance for Life Threatening Medical Conditions (C609:2007). Providers that do not offer it, including Neptune Internet, must tell you so and name at least one provider that does; that is the purpose of this clause. These obligations arise under the Telecommunications Act 1997 (Cth) and are administered by the ACMA — see acma.gov.au/rules-priority-assistance-service.

5. Fair Use of Service

When using a Service, you must comply with:

• Our Fair Use Policy
• All Laws: You must ensure that your use of the service is in compliance with Australian law.

6. Eligibility and Age Requirement

• You must be 18 years of age or older to sign up for or use Neptune Internet services.
• By creating an account or using the Service, you confirm that you are at least 18 years old and have the legal capacity to enter into a binding agreement.
• If you are under 18, a parent or legal guardian must create and manage the account on your behalf and is responsible for all use of the Service.

7. 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.

8. Copyright

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

8.1. Prohibited Activities:

• Do not reproduce, adapt, or distribute copyrighted materials without authorization.
• Ensure compliance with the Copyright Act 1968 (Cth) and other applicable laws.
• If Neptune Internet receives a credible copyright complaint, we will notify you in writing and allow a reasonable opportunity to respond before taking any action. If the complaint is not resolved, Neptune Internet may, where consistent with its obligations under the Copyright Act 1968 (Cth), degrade upload speeds or restrict access to infringing content.

9. 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 commsalliance.com.au.
• If you have a complaint about illegal or restricted online content, or about online harms such as cyberbullying, adult cyber abuse, or image-based abuse, you can report it to the eSafety Commissioner at esafety.gov.au/report. You may also report a complaint about content by emailing us at support@neptune.net.au.

10. Breach of Terms of Service and Fair 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.

11. Referral Program

Neptune permits its users to participate in a referral program designed to reward existing users for referring friends and family. The details of this referral program and its terms are outlined on the Neptune Internet Referral Program page.

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

12. Allocation of Identifiers

As part of your service, you may be allocated:

These identifiers may be licensed by third parties, such as APNIC. Any IP addresses assigned to you may be managed using NAT (Network Address Translation) or CGNAT (Carrier Grade NAT), unless a public IP is acquired.

All IP addresses statically associated with the customer account - including CGNAT, IPv6, delegated IPv6, and public IPv4 - remain assigned until the service is cancelled or suspended. IP addresses may be rotated at NEPTUNE INTERNET’s discretion.

On residential plans, a public IPv4 address may be returned to the address pool and replaced with a CGNAT address if NEPTUNE INTERNET reasonably determines that the public IPv4 address is not being utilised. This does not apply to public IPv4 addresses that are provided as a dedicated paid service, including additional IP address allocations.

IP Address Geolocation

IP address–based geolocation is determined by third-party databases and services outside the control of Neptune Internet. While Neptune Internet publishes and maintains a public geofeed to assist in improving accuracy, no guarantee is provided that any website, application, or online service will correctly identify your geographical location. By using the Service, you acknowledge that IP-based geolocation accuracy is inherently best-effort and may vary depending on external data sources, and that Neptune Internet is not liable for any misidentification or resulting impact. Customers experiencing incorrect geolocation may contact support@neptune.net.au for assistance. Neptune Internet will make reasonable efforts to assist in resolving such issues upon request, but if the outcome remains unsatisfactory, you may request a pro-rata refund for the current billing month and discontinue the Service.

13. 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.

14. Fault Reporting

You must report any faults or service issues in a timely manner using support@neptune.net.au 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.

15. Liability

Nothing in these Terms excludes, restricts, or modifies any rights or remedies you may have under the Australian Consumer Law (ACL) or any other law where those rights or remedies cannot lawfully be excluded, restricted, or modified.

If you are a consumer, or a small business entitled to protections under the ACL, our services come with guarantees that cannot be excluded under the ACL. Where there is a major failure with the services, you may be entitled to cancel the services and obtain a refund for the unused portion, and you may also be entitled to compensation for any reasonably foreseeable loss or damage suffered as a result of that major failure. Where there is a failure that is not a major failure, you are entitled to have the failure remedied within a reasonable time.

To the maximum extent permitted by law, and subject to any rights you have under the ACL or any other law that cannot be excluded, restricted, or modified:

NEPTUNE INTERNET is not liable for any indirect, incidental, special, exemplary, punitive, or consequential loss or damage, or for any loss of profit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of anticipated savings, or loss of data, whether arising in contract, tort (including negligence), statute, equity, or otherwise.

Where liability cannot be excluded but can be limited, our liability is limited, at our option, to: a. supplying the services again; or b. paying the cost of having the services supplied again.

Our total liability to you in connection with the services, whether in contract, tort (including negligence), statute, equity, or otherwise, is otherwise limited to the total amount paid by you to NEPTUNE INTERNET for the affected service in the 12 months preceding the event giving rise to the claim.

We are not liable for any loss or damage caused by:

1. events outside our reasonable control;
2. faults in third-party networks, platforms, infrastructure, or services;
3. planned or emergency maintenance;
4. your equipment, software, wiring, configuration, or misuse of the services; or
5. suspension, restriction, or cancellation of the services in accordance with these Terms, our Fair Use Policy, or applicable law.

Nothing in these Terms limits or excludes liability for death, personal injury, fraud, or any other liability to the extent that it cannot lawfully be limited or excluded.

16. Changes to Plans and Terms

We may change our plans, pricing, service features, and these Terms from time to time, including to reflect changes in our costs, suppliers, technology, network operations, legal or regulatory requirements, or the way we provide the Service.

We will provide at least 30 days' notice of any material change before it takes effect. Notice of material changes will be sent by email. We may also notify you through the customer portal or on our website.

If a change is required by law, regulation, a regulator, an emergency, or to protect the security or integrity of our network or systems, we may make the change immediately and notify you as soon as reasonably practicable.

Any change to these Terms or to a plan will not:

1. remove or reduce any rights or remedies you have under the Australian Consumer Law or any other law that cannot lawfully be excluded, restricted, or modified; or
2. apply retrospectively to charges already incurred, except where required or permitted by law.

If we make a material change that is likely to have a substantial adverse effect on you, and you do not accept that change, you may cancel the affected Service before the change takes effect by giving us notice. If you do so, we will not charge an early termination fee, and you may request a pro-rata refund for any prepaid amount for the period after cancellation, subject to any amounts you already owe us.

Changes to usage-based charges, third-party pass-through charges, taxes, or government-imposed charges may take effect from the date specified in the applicable notice.

Your continued use of the Service after a change takes effect will constitute acceptance of that change, to the extent permitted by law.

17. Intellectual Property

All content on this website, including text, graphics, logos, design, code and other material, is owned by or licensed to Neptune Internet Pty Ltd and protected by law. Neptune, Neptune Internet, Neso, Atmosphere, Recloud and related names, logos and branding are our trade marks and brand assets. Trade mark registration may be pending. You must not use our intellectual property without our prior written permission, except as permitted by law.

18. Third Party Apps and Services

You must not create, publish, distribute, promote or operate any third party app, website, integration, bot, interface, tool or service that uses our brand, content or services in an unauthorised way, or that suggests any affiliation with, endorsement by, or approval from Neptune Internet Pty Ltd, without our prior written permission.

19. Complaints and Contact

If you have any issues or concerns about your service, you can contact us at support@neptune.net.au or via the chat widget on our website. We will acknowledge your complaint within 2 working days and aim to resolve it within 10 working days — sooner than the 15 working days allowed under the Telecommunications (Consumer Complaints Handling) Industry Standard. If we need longer, we will tell you why and keep you updated. Our full Complaints Handling Process describes how we record, escalate, and resolve complaints.

If you are not satisfied with how we have handled your complaint, you have the right to take it to the Telecommunications Industry Ombudsman (TIO), which is a free and independent service. The TIO can be contacted by phone on 1800 062 058 or online at www.tio.com.au.

You may also contact the Australian Competition and Consumer Commission (ACCC) or your local state consumer protection agency if you believe your rights under the ACL have been violated.

20. Financial Hardship

If you are experiencing financial difficulty and are unable to meet your payment obligations, please contact us as early as possible. Our Payment Assistance Policy outlines the assistance available to you, including payment arrangements. We will not disconnect your service while a hardship application is being assessed.

21. Privacy

We are committed to protecting your personal information. Our Privacy Policy explains how we collect, use, store, and disclose personal information in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles. It also describes how you can access or correct your personal information, and how to make a privacy complaint.

22. Authorised Representatives

If you need someone to manage your account on your behalf, you may appoint an authorised representative. Please refer to our Appointment of an Authorised Representative form for details.