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Legal // Vol. 01

Terms and Conditions

By accessing or using any part of our websites, platforms, applications, or services (collectively, the "Services"), you agree to be bound by these Terms and Conditions.

Version 2.0 | Effective Date: April 12, 2026

ABN: 86 686 080 704

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By accessing or using any part of our websites, platforms, applications, or services (collectively, the "Services"), you agree to be bound by these Terms and Conditions. If you do not agree, please discontinue use of our Services immediately.

01

Eligibility

You must be at least 13 years old to access or use our Services. Certain services require users to be at least 18 years old, as indicated at the point of access.

Users who are under the legal age of majority in their jurisdiction must have verifiable parental or guardian consent before using our Services. By using our Services, you confirm that you meet the applicable age requirements.

02

Account Registration and Conduct

When creating and maintaining an account with us, you agree to:

  • Provide accurate, current, and complete information at registration and keep it up to date
  • Maintain the confidentiality and security of your login credentials
  • Accept full responsibility for all activity that occurs under your account
  • Notify us immediately of any suspected unauthorised access or security breach

Accounts may be suspended or deactivated for prolonged inactivity, non-compliance with these Terms, or suspected fraudulent activity. Sharing account credentials with others is strictly prohibited unless we have explicitly permitted it in writing.

03

User Content

Responsibility and Restrictions

Users are solely responsible for all content uploaded, hosted, transmitted, or otherwise made available through the Services. All content must:

  • Comply with all applicable local, national, and international laws and regulations
  • Not be offensive, obscene, defamatory, illegal, or otherwise harmful to others
  • Not infringe the intellectual property, privacy, or other legal rights of any third party
  • Not contain malware, viruses, or any code designed to disrupt or damage systems

Moderation and Enforcement

We reserve the right to review, monitor, or remove user content at our discretion and without prior notice. Automated tools may be used to detect or block harmful content. By using the Services, you acknowledge that your content may be subject to monitoring or restriction in accordance with our policies.

Disclaimer

We do not endorse or assume liability for any user-generated content. All content is submitted and used at the user's own risk.

04

Trial Periods and Subscriptions

Trial accounts provide limited access to our Services for evaluation purposes. Upon expiry of a trial period, access will be suspended unless a paid subscription is activated.

Subscription fees, billing cycles, and all applicable payment terms are displayed clearly at checkout before purchase. Prices are shown inclusive of any applicable local taxes. It is your responsibility to understand the pricing applicable in your jurisdiction.

05

Fees, Refunds and Cancellation

We want you to be satisfied with our Services. Our refund and cancellation terms are as follows:

  • Refund requests may be submitted within 7 calendar days of initial purchase
  • Approved refunds are processed within 2 to 3 business days to the original payment method
  • Subscriptions cancelled after the 7-day period will remain active until the end of the current billing cycle and will not auto-renew
  • Certain purchases, including domain registrations and custom development services, may be non-refundable. This will be clearly stated prior to purchase
  • Initiating a chargeback without first contacting us may result in immediate account termination and recovery of outstanding amounts
  • Failed payments will result in a 7-day grace period during which you may update your payment details before account suspension

To request a refund or discuss a billing issue, contact us at contact@neonnextgeneration.com.

06

Third-Party Services

Our Services may integrate with or link to third-party platforms, including payment gateways, analytics providers, and communication tools such as Discord. These integrations are provided for your convenience.

We are not responsible for the content, privacy practices, or terms of any third-party service. Your use of third-party services is governed by their respective terms and conditions, and you are responsible for reviewing and complying with them.

07

Data Protection and Privacy

We are committed to handling your personal data responsibly and transparently. Our data practices are governed by our Privacy Policy, which forms part of these Terms and is available at https://neonnextgeneration.com/privacy.

We use cookies to support site functionality, analytics, and user preferences. You may manage your cookie preferences via the consent banner on our website or through your browser settings.

Users under 18 must have parental or guardian consent for the processing of their personal data.

08

Service Availability, Security and Shared Resources

We aim to provide reliable and uninterrupted access to our Services. However, we cannot guarantee continuous availability and may carry out scheduled or emergency maintenance from time to time.

Beta or experimental features are provided on an "as-is" basis and may be modified or discontinued at any time without notice.

You are responsible for:

  • Protecting your own login credentials and account security
  • Maintaining your own backups of any data you store through our Services

All plans include dedicated weekly backups. You may also perform manual backups at any time through your account dashboard.

Shared Resources

All hosting plans operate on shared server infrastructure. This means RAM and CPU resources are shared with other users on the same server. Each plan has a defined hard limit on maximum resource usage. Performance may vary depending on concurrent usage by other users on the platform.

Prohibited Activity

The following activities are strictly prohibited and may result in immediate account termination:

  • Launching or facilitating DDoS attacks against any target
  • Phishing, social engineering, or identity fraud
  • Exploiting security vulnerabilities in our infrastructure or that of others
  • Using our Services to transmit spam, malware, or other harmful content
10

Intellectual Property and Branding

All content, branding, software, and proprietary technology associated with our Services are owned by Neon Next Generation PTY LTD or its licensors and are protected by applicable intellectual property laws.

You may not reproduce, modify, distribute, or create derivative works from any of our intellectual property without our prior written consent. Unauthorised use of our trademarks, logos, or branding is strictly prohibited.

11

Indemnification, Termination and Limitation of Liability

Indemnification

You agree to indemnify, defend, and hold harmless Neon Next Generation PTY LTD and its officers, employees, and contractors from any claims, damages, losses, or expenses (including reasonable legal fees) arising from your breach of these Terms, misuse of our Services, or violation of any applicable law or third-party rights.

Termination

We reserve the right to suspend or terminate your access to the Services at any time for violations of these Terms, security concerns, non-payment, or prolonged inactivity. Where possible, we will provide notice prior to termination.

Limitation of Liability

To the maximum extent permitted by applicable law, we are not liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of, or inability to use, our Services.

Our total aggregate liability to you for any claim arising under these Terms is limited to the greater of: (a) USD $100, or (b) the total amount you paid us in the 6 months preceding the claim.

Our Services are provided "as-is" and without warranties of any kind, express or implied. We do not guarantee specific outcomes or results. Nothing in this section limits any rights you may have under applicable consumer protection laws that cannot be excluded by contract.

12

API and Developer Terms

Developers accessing our Services via API agree to the following:

  • You will not reverse-engineer, decompile, or attempt to extract source code from our API or platform
  • You will not resell, sublicense, or redistribute API access without our written consent
  • You will not attempt to bypass, circumvent, or exceed rate limits or usage restrictions

We are not liable for any downtime, data loss, or interruptions affecting API availability. Developers are responsible for implementing appropriate error handling and redundancy in their own applications.

13

Marketing, Notifications and Feedback

With your consent, we may send you promotional emails and product updates. You may opt out of marketing communications at any time via the unsubscribe link in any email or by contacting us directly.

We will notify you of significant changes to these Terms or our Services via email or a prominent notice within your account dashboard.

If you submit feedback, feature requests, or suggestions to us, you grant Neon Next Generation PTY LTD a perpetual, worldwide, royalty-free licence to use, incorporate, and build upon those ideas at our discretion, without obligation to you.

14

Governing Law and Dispute Resolution

These Terms are governed by and construed in accordance with the laws of New South Wales, Australia, without regard to conflict of law principles. This choice of law does not limit any mandatory consumer protection rights you may have under the laws of your own jurisdiction.

Before initiating any formal legal proceedings, you agree to first attempt to resolve any dispute by contacting us at contact@neonnextgeneration.com. We will make reasonable efforts to resolve disputes promptly and fairly through direct negotiation.

If a dispute cannot be resolved through negotiation, it may be referred to mediation or binding arbitration as agreed between the parties. To the extent permitted by applicable law, you waive the right to participate in class-action proceedings.

15

Additional Terms

Account Sharing

Accounts are for individual use only and may not be shared with or transferred to others without our prior written consent.

Affiliate Programme

Participation in any affiliate or referral programme is subject to separate affiliate agreement terms, which will be provided upon enrolment.

Export Controls

You agree to comply with all applicable laws and regulations governing the export, re-export, and transfer of software, technology, and encrypted services, including those related to VPN use in your jurisdiction.

VPN Disclaimer

Our VPN services are intended for lawful use only. You are solely responsible for ensuring that your use of our VPN services complies with the laws of your jurisdiction. We are not liable for any illegal activity conducted through our Services.

16

Acceptable Use Policy

Our Services may only be used for lawful purposes. The following activities are strictly prohibited:

Illegal and Harmful Content

  • Hosting, transmitting, or distributing any content that is illegal under applicable law
  • Storing or distributing child sexual abuse material or any content that exploits minors
  • Facilitating fraud, identity theft, phishing, or social engineering attacks
  • Distributing malware, ransomware, spyware, or other malicious software

Network and Infrastructure Abuse

  • Launching or facilitating Denial of Service (DoS or DDoS) attacks against any target
  • Conducting port scanning, network probing, or vulnerability scanning of third-party systems without authorisation
  • Operating open mail relays or sending unsolicited bulk email (spam)
  • Running Tor exit nodes or similar anonymisation relays through our infrastructure
  • Using our Services for cryptocurrency mining without our prior written consent

Resale and Misuse

  • Reselling, sublicensing, or redistributing access to our Services without our prior written consent
  • Using our Services in a way that imposes an unreasonable burden on shared infrastructure
  • Circumventing any technical measures we use to enforce resource or usage limits

Violations of this Acceptable Use Policy may result in immediate suspension or termination of your account without refund. We reserve the right to report illegal activity to relevant authorities.

17

Service Level Agreement (SLA)

We aim to provide a high level of service reliability for all users. Our commitments are as follows:

Uptime Target

We target 99.5% monthly uptime for all core Services, excluding scheduled maintenance windows. Uptime is calculated on a rolling 30-day basis.

Scheduled Maintenance

We will provide at least 24 hours notice before any scheduled maintenance that is expected to cause service interruption. Emergency maintenance may be carried out without notice where necessary to protect service integrity or security.

Service Credits

If we fail to meet the 99.5% uptime target in any given month, you may request a service credit. Credits are calculated as follows:

  • Uptime between 99.0% and 99.5%: 5% credit of that month's invoice
  • Uptime between 95.0% and 99.0%: 10% credit of that month's invoice
  • Uptime below 95.0%: 25% credit of that month's invoice

Credits must be requested within 14 days of the incident by contacting contact@neonnextgeneration.com. Credits are applied to future invoices and are not redeemable as cash. The SLA does not apply to beta features, trial accounts, or outages caused by your own actions or third-party services outside our control.

18

Suspension, Termination and Data Retrieval

Suspension

We may suspend your account with or without notice depending on the severity of the issue. Where possible, we will provide at least 48 hours notice before suspension, except in cases of serious policy violations, security threats, or illegal activity, where immediate suspension may be necessary.

Termination by You

You may cancel your account at any time via your account dashboard or by contacting us. Cancellation takes effect at the end of the current billing cycle. You are responsible for exporting any data you wish to retain before your account is closed.

Termination by Us

We may terminate your account for material breaches of these Terms, non-payment, or prolonged inactivity. We will provide at least 7 days written notice before terminating an account, except where immediate termination is required due to illegal activity or serious security concerns.

Right of Appeal

If your account is suspended or terminated and you believe this was in error, you may appeal by contacting contact@neonnextgeneration.com within 14 days of the action. We will review all appeals and respond within 5 business days.

Data Retention After Termination

Following account closure or termination, your hosted data will be retained for 14 days to allow you to retrieve it. After this period, all data associated with your account will be permanently and securely deleted from our systems. We are not responsible for any data loss resulting from account termination or failure to retrieve data within the retention window.

19

Payment Disputes and Billing Process

If a scheduled payment fails, the following process applies:

  • Day 0: Payment fails. You will receive an immediate email notification with instructions to update your payment details
  • Day 3: A second payment attempt is made automatically
  • Day 5: A final reminder is sent if payment remains outstanding
  • Day 7: If payment has not been received, your account will be suspended pending resolution
  • Day 30: If payment remains outstanding after 30 days, your account may be permanently terminated and data deleted in accordance with Section 18

To dispute a charge or resolve a billing issue, contact us at contact@neonnextgeneration.com before initiating a chargeback with your bank or payment provider. Chargebacks initiated without prior contact may result in immediate account termination and referral to a debt recovery process.

20

Force Majeure

We will not be held liable for any failure or delay in performing our obligations under these Terms where such failure or delay results from circumstances beyond our reasonable control. This includes but is not limited to:

  • Natural disasters, floods, earthquakes, or other acts of nature
  • Acts of war, terrorism, civil unrest, or government actions
  • Widespread internet outages or failures of upstream infrastructure providers
  • Cyberattacks, distributed denial of service attacks, or other malicious acts by third parties
  • Pandemic, epidemic, or public health emergencies

In such circumstances, we will take reasonable steps to minimise the impact on our Services and will communicate with affected users as soon as practicable.

21

Modifications to Services

We reserve the right to modify, suspend, or discontinue any part of our Services at any time. Where a change materially affects your use of the Services, we will provide at least 30 days written notice before it takes effect.

If we discontinue a Service you are actively subscribed to, we will offer either a pro-rata refund for the unused portion of your subscription or migration assistance to an equivalent alternative service where available.

22

Reseller and White-Label Terms

If you wish to resell or white-label any of our Services, you must enter into a separate Reseller Agreement with us. Reselling without a written agreement is strictly prohibited.

Resellers are responsible for:

  • Ensuring their end customers comply with these Terms and our Acceptable Use Policy
  • Providing first-line support to their own customers
  • Paying all applicable fees regardless of whether their own customers pay them
  • Not making representations about our Services that exceed what we have agreed in writing

Neon Next Generation PTY LTD is not liable for any claims arising between a reseller and their end customers. Resellers indemnify us against any such claims.

23

General Provisions

Waiver

Our failure to enforce any provision of these Terms on any occasion does not constitute a waiver of our right to enforce that provision or any other provision in the future. No waiver is effective unless made in writing and signed by an authorised representative of Neon Next Generation PTY LTD.

Severability

If any provision of these Terms is found to be invalid, unlawful, or unenforceable by a court of competent jurisdiction, that provision will be limited or removed to the minimum extent necessary, and the remaining provisions will continue in full force and effect.

Entire Agreement

These Terms, together with our Privacy Policy and any other policies or agreements expressly incorporated by reference, constitute the entire agreement between you and Neon Next Generation PTY LTD with respect to your use of our Services. They supersede all prior or contemporaneous communications, representations, or agreements, whether written or oral.

Assignment

You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations under these Terms to a successor entity in the event of a merger, acquisition, or sale of all or substantially all of our assets, with notice to you.

24

Changes to These Terms

We may update these Terms from time to time. When we do:

  • Minor changes will be posted with an updated version number and effective date
  • Material changes will be communicated via email or prominent in-service notice at least 14 days before taking effect
  • Continued use of our Services after the effective date of any change constitutes acceptance of the updated Terms

We recommend reviewing these Terms periodically. A version history is maintained below.

Version History

  • Version 2.1: April 12, 2026 - Added AUP, SLA, Force Majeure, Reseller Terms, suspension process, dunning process, and general provisions
  • Version 2.0: April 12, 2026 - Revised to global scope, expanded sections on liability, dispute resolution, and prohibited activity
  • Version 1.0: January 12, 2026 - Initial Terms
25

Contact Information

For any questions, complaints, or requests relating to these Terms:

Neon Next Generation PTY LTD

ABN: 86 686 080 704

Email: contact@neonnextgeneration.com

Website: https://neonnextgeneration.com

We aim to respond to all enquiries within 5 business days.

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