Fair Use Policy
nbn Fixed Line 25/5, 25/10 & nbn Fixed Wireless Standard
v1 – Effective July 2025
This document specifies the Fair Use Policy (“FUP”) which governs the acceptable use of nbn standard services provided by AUS Internet Solutions Pty Ltd (trading as AUS Internet, ABN: 56 653 235 495) (“we”, “us”, “our”) to you. By using our Services, you acknowledge that you have read, understood, and agree to be bound by this FUP. This FUP forms part of the Customer Terms and Conditions.
Overview:
This FUP applies to all nbn Standard Plans which include a nbn wholesale speed tier of 25mbps downstream. (nbn Fixed Line & Fibre 25/5 & 25/10, and nbn Fixed Wireless 25/5)
Purpose:
All customers are entitled to access the service reasonably and fairly. The FUP is in place to ensure that:
(a) Ours and our wholesale carrier’s network resources are not unfairly utilised – causing other users to experience degraded service performance or otherwise limits reasonable access to the network resource; and
(b) Customers who utilise more than their fair share or resources are moved to a service tier more suited to their utilisation patterns.
How it works:
Each day we will assess the overall previous days network CVC utilisation of each service. We measure this utilisation against the peak overall user average utilisation in each nbn CSA or Point of Interconnect area during the busiest hour of that day based on data provided to us from nbn. If an individual users CVC utilisation during the busy hour is deemed to have exceeded the peak average of all users, that user’s service will be flagged as exceeding the daily peak average utilisation.
On or around the 20th day of each month, our systems will review each users overall excess busy hour utilisation for the preceding days of that current billing cycle. It is accepted to be normal that users may occasionally exceed the average. However, if service utilisation consistently exceeds the overall average for most of the days assessed or individual daily usage is deemed overly excessive compared to the overall average, a service will be deemed to have breached the FUP for that billing period. Determination of utilisation is in alignment with the utilisation provisions of nbn’s Fair Use Policy
Breaches:
Once a user is deemed to have breached the FUP, they’ll be issued a warning advising them that their utilisation of the service is not inline with the intended purpose for that service tier and will be requested to consider changing to a higher service tier, or modify their utilisation patterns to align with the service plan they are connected to.
Users will be entitled to two (2) warnings prior to a final notification advising that their service tier is being automatically changed to the next tier at the commencement of the next billing month to overcome the excessive utilisation for the existing service tier. The user will be billed the applicable rate of the new tier accordingly. Users who object being moved to the next tier will instead have the option of terminating their Service at the end of the month in which the final breach notice was issued. If a user tells us after the new month has commenced that they do not wish to remain to the new tier, then normal Service cancellation terms will apply.
Disclaimer:
We reserve the right to alter the way we handle the implementation of the FUP from time to time as we see fit, by providing an update to the FUP Policy with at least thirty (30) days notice where changes are likely to impact the end user.
End of Document
FAQ's Surrounding the Fair Use Policy
Why is there a FUP?
Over the years, nbn has updated how it manages network traffic and sells capacity to RSP’s, especially to better support users who need faster speeds or use more available network capacity than others. To help with this and make higher speed services more affordable, nbn removed some extra network charges (called CVC charges) from the higher speed tiers – meaning RSP’s have more flexibility in offering these products without worrying about excessive use. However, lower speed tiers still come with capacity limitations set by nbn, and are subjected to additional charges incurred by providers called ‘CVC Overage’ when network utilisation of the lower speed tiers by its users becomes excessive. This means, it becomes the individual provider’s responsibility to manage how its users utilise the service or otherwise face consequences of overage charges – making delivery of lower speed tiers uneconomical.
What is CVC?
Imagine your internet is like getting water from a big community water pipe. The pipe itself is provided by nbn and is called CVC (Connectivity Virtual Circuit). The water flowing through it is the data which we provide to you and is un-metered. Now, the pipe provided by nbn is only so wide (capacity), meaning only so much water (data) fits at once. For the nbn lower speed plans it’s big enough to handle enough water to support capacity utilisation based on ‘an average of everyone’s needs’ combined with a little bit of stretching room. But when too many people are all running the tap at once (using high capacity utilising services like streaming, gaming, or often downloading large files) and using more than their fair share of the resource at any given time, the water travelling through the pipe that feeds everyone’s needs loses pressure. To fix that, nbn make us pay for a bigger pipe (more CVC capacity).
Why is this happening?
nbn implements the FUP to keep the services running smoothly for everyone, making sure providers are moving customers with high utilisation of network capacity are on plans better suited to their needs, so those on lower tier plans still have sufficient network capacity provided to them to go about their day to day basic internet needs fairly. It is not feasible for us to fully absorb the costs associated to CVC Overage charges as we have done for the past few years, and removing the plan altogether would be a set-back for our genuine low capacity users. Our plans are therefore priced accordingly to allow for enough wriggle room when customers do occasionally go over their fair share of utilisation, thus heavier users on standard plans, are likely to be notified in accordance with the FUP.
How can I avoid FUP Breaches?
If you are notified of a FUP breach, don’t take it personally. It simply means your utilisation is much greater than others on the nbn standard service tier. Ultimately, nbn Fixed Line Standard and nbn Fixed Wireless Standard plans are best suited for light users and small households. These plans are ideal for everyday web browsing, email, online banking, social media, and occasional standard definition video streaming. It is suited mostly for 1 to 2 persons using the service at once. Higher speed tiers are recommended for heavier users or households with more than 2 people – to match their utilisation. If your service is used for more than the outlined usage, or you have a family that loves lots of streaming and gaming, then nbn Standard is not for you and you may wish to review your utilisation or change plans.
Doesn’t my plan include UNLIMITED Downloads?
Yes—your data usage is unlimited in the sense that we don’t cap or meter your downloads. The FUP is not about how much you download overall; it’s about how and when that data is used in real time. Using our water pipe analogy, if too many people try to draw water at once, everyone’s pressure drops. The FUP helps balance the load so all customers get fair and reliable access, no matter the time of day.
As utilisation of network capacity is not the same as data usage, your utilisation in real time is only measured if you breach the peak average of that day’s CVC utilisation of all users in your service area. Whilst the data is available to us from nbn in raw format the following day, there are no systems available to alert if a user is breaching the average utilisation in real-time, as the actual network average may increase or decrease in real-time. For the benefit of clarity, and for users to establish a baseline, nbn includes 0.25mbps of included CVC on all nbn Standard service plans. When your peak hour utilisation is measured against the peak average busy hour for your service area, this 0.25mbps of CVC is deducted from any overage your service creates. Where there is heavier utilisation across the network, the average increases – more favourable for heavier users. Where the average is lower, heavier users are likely to exceed the average. Any CVC over and above the 0.25mbps up to the average is not a cost nbn charges us for, therefore does not impact your utilisation, thus if you are in line with average utilisation you are less likely to breach the FUP.
In a nutshell, if you are using your service for frequent video streaming, large downloads, online gaming or have kids that are glued to screens, (particularly if these activities occur between 6pm to 11pm), then there’s a good chance you’ll exceed averages, and breach the FUP. The reason we provide you with 3 warning notices is to allow you to make an informed choice as to whether the nbn Standard plan is suited to your household needs and provide fair and reasonable timeframe to adjust the way you utilise the service. We don’t know if you are likely to breach as your utilisation patterns and that of the average of all users may change from day to day.