Asset Tracking Terms and Conditions

1. Introduction

1.1. These Asset Tracking Terms are one of our Plan and Product Terms and apply when you sign up for or use Asset Tracking. In buying these services, you understand and agree to these terms. They also apply to any use of the Asset Tracking 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 Asset Tracking Service Schedule, Business General Terms and Mobile and Wireless Terms also apply to these products and services.

View Business General Terms

View Mobile and Wireless Terms

1.2. In the event of inconsistency, the following order of precedence will apply:

1. Asset Tracking Service Schedule;
2. These Asset Tracking Terms;
3. The Business Mobile and Wireless Terms; and
4. The Business General Terms.

2. Definitions

2.1. In these terms and conditions:

• Asset Tracking Service Schedule means the service schedule signed by you and Spark setting out the Device and service fees for your initial order.
  
• AT Platform means Spark’s online service portal that you as a customer accesses to view and manage your asset trackers.
  
• Device means GPS tracking and reporting equipment to be attached to each of your tracked assets and which is purchased by you from Spark.
  
• Onboarding Period means the period beginning from when the Asset Tracking Service Schedule is signed and ending 30 days after that date.
  
• Plan means monthly software-as-a-service subscription to view a Device on the AT Platform.
  
• IFP refers to Devices purchased with monthly interest free payments. Read the interest free payment terms in our Business General Terms. View Business General Terms
  

3. Service Overview

3.1. Please read this section carefully to ensure you understand the Asset Tracking service. Additional Asset Tracking service information is available from Spark Business Hubs.

3.2. The Asset Tracking service provides you with visibility of your tracked assets that are located outdoors and in NZ. Other features, such as operating hours or other data may also be available and is dependent on matters including the tracked asset’s hardware model and installation. Please contact your local Spark Business Hub for further details.

3.3. The Asset Tracking service has two core components:

1. The plan, being a monthly software as a service subscription to connect and view each Device on the AT Platform and which is charged on a per-Device basis; and
2. The purchase of the Device.

3.4. You agree:

1. That you are responsible for assessing the suitability of the Asset Tracking service, AT Platform and Devices you have selected;
2. That you are responsible for preventing unauthorised access to, or use of, the Asset Tracking service. On becoming aware of any unauthorised access, you agree to notify Spark as soon as is reasonably practicable;
3. That Spark is not responsible for any professional installation or removal of wired Devices;
4. That you will provide reasonable assistance to Spark with implementation, fault resolution and service requests relating to the Asset Tracking service; and
5. To nominate an administrator(s) who you will authorise to request additional services.

3.5. Fees for the Asset Tracking service comprise charges for:

1. Plans;
2. Devices; and
3. Any additional services.

4. Plans

Network Options

4.1. Spark operates two independent Spark wireless network technologies, known as “Metro” and “Nationwide”. Depending on your business requirement and network coverage, Spark will advise you on the best network option:

1. Metro uses Spark’s long-range wide area network (“LoRaWAN”) technology, designed to send small quantities of data between devices and systems with low data consumption. It is also possible to extend the LoRaWAN network to specific customer premises that are outside of existing coverage (such as a depot, yard or warehouse), using Spark’s Coverage in a Box product. Coverage in a Box will be supplied separately and incurs additional charges – please contact your local Spark Business Hub for more information on this product.
2. Nationwide powered by Spark's "CAT-M1" 4G cellular network.

4.2. Coverage maps for both networks can be found on Spark’s website. See the coverage map

Monthly Subscription

4.3. All Plans are on a per-Device, per-calendar month basis. An Asset Tracking deployment can include Devices operating on one or both networks, but each Device cannot be switched from one network to the other due to the different technology to connect.

4.4. The Plan pricing includes network connectivity, data consumption, access to the AT Platform and the following services provided during the onboarding period:

1. Provision of welcome packs and user guides, which are provided for both the Devices and the AT Platform;
2. Telephone, email or video support during the onboarding period, to the extent that the support relates to the initial set-up of the Asset Tracking service; and
3. Telephone, email or video support for the initial Device set up and configuration. Optional installation support is available for certain devices at additional cost.

SMS Notification

4.5. The AT Platform includes functionality to send SMS text messages to a phone number of your choosing. If you elect this feature, which can be done as part of the workflow configuration, an additional fee would apply for each SMS message sent.

5. Asset Tracking Devices

Devices

5.1. Each Device must be ordered from Spark and provisioned with a Spark Plan on either Spark’s LoRaWAN network or Spark’s Cat M1 4G cellular network.

5.2. Spark will support the initial feature set up of the Device such as heartbeat setting and in-trip tracking if you notify Spark of this requirement, and provide Spark with the necessary information, at the time of your order.

5.3. Spark does not confirm availability of any Device at any particular time. Please check with your local Spark Business Hub for current Device availability.

5.4. Unless otherwise agreed in writing by Spark, risk or any loss of, or damage to, Devices will pass to you upon delivery to your premises. If any Devices are lost, stolen or damaged whilst on your premises you will pay the costs of repairing or replacing the Devices, except where the loss, theft or damage was caused solely by us.

5.5. You are responsible for:

1. Following our, and any manufacturer’s, reasonable directions about the use of the Devices;
2. Ensuring that the Devices are not affected by any virus, worms or other destructive media; and
3. Not using the Devices in any manner that causes interference with Spark’s network.

Device warranties

5.6. To the extent we are able, we will pass on the benefit of any manufacturer’s warranty in respect of the Device you purchase from us. If we are unable to do so, we will use our reasonable endeavours to hold for your benefit all such warranties. You will be charged for any repairs not covered by any manufacturer’s warranty. If you report a fault with a Device, you will be required to inform us how you wish to proceed if the Device fault is assessed as not covered by a manufacturer’s warranty.

6. Additional Services

Service Requests

6.1. A Service request can be made for the following matters and incurs an additional fee, which will be quoted at the time you make your request:

1. Remote changes to configuration of Devices.
2. Creation or modification of existing reports, workflows and other functions in the AT Platform.
3. Tagging or re-assigning asset names or other metadata to Devices in the AT Platform on your behalf.

7. Invoicing

7.1. Unless agreed otherwise in writing by both parties, invoicing will be as follows:

1. Subscription charges for plans will be invoiced monthly in advance.
2. SMS notification fees will be invoiced monthly in arrears.
3. Devices will be invoiced at the time they are ordered with payment due immediately.
4. Fees for service requests are invoiced on completion of the work.

8. Interest Free Terms

8.1. Goods and service tax (GST) for the full cost of the device will be charged on your first bill. Monthly charges may be different from month to month due to rounding however the total amount you will pay over the interest free term won’t be more than the cost of the device (including GST) when you signed up.

8.2. Your interest free payments will appear on your monthly bill. You need to pay your interest free payments by the due date. If you do not, we may charge you a late payment fee, and we may pass your debt to a debt collection agency and you could be charged for any collection costs 

8.3. You will need to pay off the device with payments each month over your interest free term, e.g. over 12 or 24 months. You cannot make your interest free term longer or shorter while you are paying off the device. But you can choose to finish it early by paying off the full amount you owe in one payment.

8.4. If you lose or dispose of your device before it is paid off, you still need to complete your interest free payments.

8.5. If you leave your Asset Tracking Plan or we stop providing you our Asset Tracking Service (e.g. because you’ve stopped paying your bills) before your device is paid off, you’ll need to pay the remaining amount straight away. If you do not pay it, we may pass your debt to a debt collection agency and you could be charged for any collection costs.

8.6. We may sell or assign our rights to receive your interest free payments to another person at any time. This will not change your interest free payment amounts, interest free term length or the way you pay. If this happens, we will not contact you about it.