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Cloud Managed Network – Meraki

These Cloud Managed Network – Meraki Terms are one of our Plan and Product Terms and apply when you sign up for or use Cloud Managed Network – Meraki. In buying these services, you understand and agree to these terms. They also apply to any use of the Cloud Managed Network – Meraki products and services by your staff or anyone else you have authorised. If anyone in your business will be using these products and services, please ensure they have also read and understood these terms. Our Business General Terms also apply to these products and services. In the event of inconsistency, these Cloud Managed Network – Meraki Terms take precedence, followed by the Business General Terms.

View Business General Terms

Service overview

Introduction

1. Cloud Managed Network – Meraki provides monitoring, alerting, reporting and management of a customer’s Wide Area Network and on-premises network equipment using Meraki cloud-based network management. 

Customers are provided an actively managed service for a range of Spark supplied Cisco Meraki devices. The service can be provided at one or multiple customer sites with multiple network connections able to be supported at the same site. Most connectivity types are compatible with Cloud Managed Networks including Broadband, Mobile Internet and Internet Service.

Detailed features of the service can be found for Enterprise customers at: www.sparkdigital.co.nz/solutions/connectivity/cloudmanagednetwork/ and for SME customers at: www.spark.co.nz/business/shop/internet/cloudmanagednetwork/ 

Spark will supply and provide support for a range of devices including SD-WAN devices, LAN Switches, security cameras and WiFi access points. The devices will remain the property of Spark during the term. The range and type of devices will change over time as the Service evolves and as current devices are superseded by newer models. A full list of the currently available devices can be supplied upon request.For an additional cost, the following add-ons are available for the service:

a) Advanced Security can be chosen as an option for the SD-WAN device. This provides:

  • Advanced Malware Protection
  • Intrusion Prevention
  • Content Filtering
  • Web Search Filtering

Advanced Security must be applied to all SD-WAN devices in your network and cannot be applied on per device basis.

b) 24/7 Support SLA can be added as an option, providing an extension of the agreed standard service hours and a 6-hour hardware swap-out.

The 24/7 SLA add-on is available for sites within 30km travel distance of Spark Service Centre locations in Whangarei, Auckland, Hamilton, Mt Maunganui/Tauranga, Rotorua, New Plymouth, Napier, Palmerston North, Wellington, Nelson, Greymouth, Christchurch, Queenstown, Timaru, Dunedin and Invercargill. The 24/7 SLA add on must be applied to all devices of a common type at a site. 24/7 SLA add on is not available for WiFi access points or security cameras.

Availability

2. 4G capable SD-WAN devices allow for Wireless Internet Access or Wireless Failover. Data comes included in the cost of the device where Wireless Failover is selected. Wireless Internet Access can be selected as the primary internet access where 4G coverage is sufficient. Wireless Internet Access has a monthly fee in addition to the cost of the 4G capable device and provided data with a fair use policy (as detailed in section 33).

3. For Wireless Failover, a Spark SIM card will be put into the device and it will failover to mobile connectivity if fixed line connectivity fails. Once fixed line connectivity is restored, the service will failback to the fixed line connection. You need to take reasonable steps to restore the fixed line connectivity and you must use Wireless Failover consistently with the way you use your fixed line connectivity. Should the device need to operate in a failover state for an extended period of time, then Spark may substitute an alternate connectivity solution. For Wireless Internet Access, a Spark SIM card will be put into the device and it will provide internet access via the mobile network using the failover mode of the device. Wireless Internet Access is a data-only add-on – it does not support voice calling. For both Wireless Internet Access and Wireless Failover, the SIM cannot be used in a device other than the Cloud Managed Network router. The device and SIM cannot be used in a different location other than the installed location and you cannot move the device to another location without Spark’s permission. The site must have sufficient Spark 4G coverage and capacity.

Moves, adds and changes

4. Changes to your services may be agreed by the Move, Add and Change process outlined in the Cloud Managed Network – Meraki service guide or by written contract variation agreed between the parties. Subject to any other variation process that the parties have agreed in writing, you may request changes to the Services as set out below.

You may request a Move, Add and Change to our services by phone or email. If we accept your request, we will provide confirmation by email with details of any applicable costs. If you do not wish to proceed you must advise us within 24 hours of the confirmation being sent. Where other information comes to hand e.g. as a result of a site visit, we may revise any pricing provided with the confirmation. Any revised pricing will apply only if you have confirmed your acceptance of it.

Charges

5. The charges you’ll need to pay for Cloud Managed Network are dependent on the device(s) you’ve chosen and these are detailed in your contract. In addition to the monthly charge for the service, one-off charges may also apply for installation, site audit and network design.If you have chosen the Wireless Internet Access add-on and we determine that coverage at your site is fair or poor, an external antenna will be required. You are responsible for ensuring you have the property owner's permission for antenna installation. Once installed, the antenna becomes your property and it is your responsibility to relocate the antenna if, for example, you move address or the antenna needs to be repositioned due to mobile network changes (e.g. new cell tower deployments).

6. Move, Add and Change fees apply, as detailed below:

Definitions:

  • Moves
    • Moves are relocations of devices within an existing site or to a new site that require Spark’s attendance at the customer’s site. 
  • Adds
    • Adds are additions of new devices to an existing site or to a new site. 
  • Changes
    • Changes are network configuration or policy changes or addition of optional chargeable service features to a customer’s existing devices or network. 
  • Simple Move, Add and Change
    • A simple move, add or change is one that does not require a site visit, nor any change to the customer’s contract or billing arrangements. It can be carried out remotely and is technically straightforward. The determination of what constitutes a Simple move, add or change will be made by Spark. 
  • Complex Move, Add and Change
    • Complex move, add or change will typically require a site visit with Spark and the customer treating complex move, add or change as a project for which a timetable and charges will be agreed.
7. Unless otherwise agreed, we will begin invoicing you for the Services in respect of each site within ten (10) Business Days after devices have been installed at a site by Spark or one of its partners or delivered to a site when you have chosen to self-install (the “Invoice Date”). Spark is not responsible for Service unavailability at any site due to implementation delays from the customer at that site and will commence invoicing from the Invoice Date.
Early Termination Fees (ETFs)
8. If a customer cancels the service before the end of the Initial Term, the customer may be required to reimburse Spark for the cost of hardware and licensing provided to the customer for the Cloud Managed Network Service. The early termination fee will be calculated based on the remaining months left on the contract. No early termination fees will be applied for open term contracts, where a one-off device fee has been paid by the Customer for the device. Upon cancellation of the service for an open term contract, device ownership will transfer from Spark to the customer.  
Other information
Minimum contract period
9. The service is available on a 24 or 36 month contract. 
Notice period
10. You’ll need to give us 30 days’ notice to end your Cloud Managed Network service.
Exclusions
11. You are responsible for the payment of any fixed network connectivity charges, which are not included as part of the Cloud Managed Network service. When provided by Spark, fixed network connectivity will be billed in addition to the Cloud Managed Network services.
12. Management of any other network devices not provided as part of the Service.
13. Onsite support, other than that required to replace hardware.
14. Managed Security Services such as a Security Operations Centre, Vulnerability Management and Security Event monitoring.
15. Anything that falls outside of the services boundaries defined in the Cloud Managed Network service guide.
Your responsibilities
You are responsible for:  
16. Providing Spark with all necessary information to ensure the Services can be set up correctly.
17. Assisting Spark with implementation, fault resolution and move, add or change.
18. Providing a suitable physical environment for devices provided as part of the Service and if necessary, obtaining consent from applicable third parties in order for Spark to complete installation.
19. Conducting post installation testing to confirm that your network and applications are running as expected.
20. Notifying Spark as soon as possible of any faults or network issues with the Service.
21. Your network and security policies. These belong to you and you retain the responsibility for the end-to-end security and firewall policies in place for your organisation. Spark can assist with the definition and development of these.
22. Providing security within your network, including:   
  • Keeping usernames and passwords to the cloud management portal secure.
  • Physical security, including physical access to the premises and access to computer systems.
  • Security for trusted servers, applications, desktop computing devices, notebooks and other mobile or remote computing devices.

23. Ensuring only authorised personnel can request moves, adds or changes to the Service.

24. Providing network connectivity to its sites and complying with the 4G Failover requirements in section 3.

25. Comply with the Cisco Meraki Software License Terms and Cisco Meraki Website Terms of Use, including ensuring appropriate user consents are in place.

Our responsibilities
Spark will be responsible for:  
26. Ordering and supplying devices to your sites at your request.
27. Installation of devices (other than security cameras which must be installed by a licensed security technician) at your sites when managed installation has been requested.  
28. Setting up the network and security policies and configuration in the cloud management system as specified by you.  
29. Actioning any Move Add and Change requests to your network and security policies and device configurations using the cloud management system. 
Other requirements
30. For the Cloud Managed Network service to be provided devices must be able to connect to the Cisco Meraki cloud-based network management system, through a network connection that can access the internet. A fixed network connection is not provided as part of the service and must be purchased separately. Fixed network connections that are supported include Fixed Line Broadband and Managed Internet Services that can be provided by Spark. Wireless Internet Access is as part of the Cloud Managed Network – Meraki service as an add-on.
31. Spark will retain ownership of the hardware, excluding external antennae, supplied as part of the Service and of the software licenses required for all devices provided as part of the Service. Use of the devices and software is governed by the Cisco Meraki End Customer Agreement: https://meraki.cisco.com/support/#policies:eca
32. By using the Service, it means that you are collecting data regarding the devices that connect to your network and how your network is being used. Through the Service, you are transferring the data to Spark and/or Cisco Meraki for processing and storage (including in the cloud). This may include personal information relating to your network users (e.g.: traffic information, geolocation information, location analytics, information regarding content transmitted). It is your responsibility to provide notice to and obtain any necessary consents from, your network users regarding the collection, processing and storage of such data. Our Privacy Policy applies to this Service. View Privacy Policy 
Fair Use
33. A fair use policy applies if you take Wireless Internet Access as an add-on to Cloud Managed Network. Wireless Internet Access is a mobile data add-on to Cloud Managed Network, where LTE network coverage is sufficient. Our fair use policy helps maintain network availability and performance for our customers by regulating use where we reasonably believe such use is excessive or unreasonable. We determine this fair use policy by reference to our average business customer usage and our estimated typical business customer usage of Cloud Managed Network Wireless Internet Access. Use that excessively or unreasonably exceeds Spark's average business customer usage over any month will activate our fair use policy.
Where we reasonably believe your use is excessive or unreasonable, we may adopt the following process:
  • Contact you to let you know that you have exceeded our usage limit following the first month of any excessive use.
  • If your use of our services is excessive or unreasonable, we will advise you that you may need to move to a new plan. Any new plan may have reduced speeds once you exceed a set data usage amount.
If your use of our services continues to be excessive or unreasonable:
  • We may need to suspend, modify or restrict your use of our services; or
  • You will be moved to a new plan, which may include reduced speeds. We will tell you in advance when we do this and there will be no early termination fee or charges if you choose to exit when we move you to your new plan. We will also work with you to help reduce usage or finding another technology more suitable to your needs.
You can contact us at any time to discuss a plan or technology that works better for you.
Other terms for added extras
34. Any on-premise network equipment provided to you for Cloud Managed Network Meraki (other than external antennae) shall be considered Spark Property.
a) You do not own the Spark Property. Unless otherwise agreed in writing between us, we or our suppliers will retain all legal and beneficial ownership of all Spark Property. You must not sell, assign, transfer or otherwise dispose of (whether by way of security or otherwise) or otherwise part with possession or control of the Spark Property. Until the Spark Property is returned to us, you will only ever be a Bailee of the Spark Property and you will do everything necessary to protect our rights in the Spark Property, including making it clear to others that we (and not you) own the Spark Property.
b) Unless we agree in writing, you must not:
1. Allow the Spark Property to become subject to any security, encumbrance or lien of any kind;
2. Allow the Spark Property to be used or installed in a way that results in it becoming a fixture or an accession to other goods; or
3. Alter, add to or modify the Spark Property (including in respect of any identifying markings).
You agree that we may, at your cost, use your name and act on your behalf, in exercising any rights or taking any proceeding we think are reasonable or necessary to protect our rights in the Spark Property and you irrevocably authorise us (and representatives authorised by us) to do so.
You do not have any right to acquire ownership of any Spark Property.
c) We have the right, at our sole discretion, to replace any one or more items of Spark Property with one or more items (“Replacement Property”) of an equivalent standard or functionality and the Replacement Property will become part of the Spark Property.
d) When the Spark Property is returned upon the expiry of the Initial Term or any extension to the Initial Term or the termination of this Service Schedule (as applicable), the Spark Property must be in good working order and undamaged condition (reasonable wear and tear excepted). You must ensure, at your cost, that all data not included on, or forming part of the Spark Property on the date you signed the Service Schedule, is removed from the Spark Property before its return. If you fail to return the Spark Property in the condition required by this clause, you must pay our reasonable costs in making good that failure.
Application of Personal Property Securities Act (PPSA)
35. You acknowledge that the supply of Spark Property under the Cloud Managed Network contract creates a security interest (as defined in the Personal Property Securities Act 1999) in that Spark Property in favour of us. You must do everything within your reasonable control to ensure that our security interest in the Spark Property has priority over all other security interests in that Spark Property.
Perfecting our security interest
36. If we ask you to, you must do anything reasonably required to perfect our security interest in the Spark Property in accordance with the PPSA, including providing details (which details you warrant will be complete, accurate and up-to-date in all respects when you provide them) about you and the Spark Property.
37. You waive your right to be given a copy of any verification statement in relation to any financing statement or financing change statement we may register.
Care of property
 
38. You agree to look after all Spark Property. You will not be liable for wear and tear or damage caused by us or anyone acting on our behalf. This requires you to, without limitation:
 

1. protect them from power fluctuations, radio or electrical interference or abnormal environmental conditions, theft and any other risks of loss or damage;

2. not alter, repair or recalibrate them;

3. let us know immediately if they are lost, stolen or damaged;

4. agree with us where to install them; and

5. not move them without first obtaining our permission, which we will not unreasonably withhold.In addition, you must pay for any repair or replacement of the Spark Property or any part thereof which becomes lost, stolen, destroyed, seized or confiscated or if they are damaged while located on your premises.