Business Broadband Terms and Conditions

Business Broadband Terms and Conditions

Business Broadband Terms and Conditions

The following Terms apply to our business customers who have a Spark business broadband product or service with us (in other words, internet at your business premises) (the Spark "Business Broadband Service(s)" or the Spark "Business Broadband Product(s)").

 

These Terms apply together with the Spark Business Terms and Conditions, which also apply when you have a Business Broadband Service from us (Spark Business Broadband being a Service for the purpose of those Terms). These Terms will prevail to the extent that they are inconsistent with the Business Terms and Conditions.

These terms and conditions are for business broadband plans only. Different terms and conditions will apply if you have a managed business internet service.

Terms and conditions for Spark's residential and basic broadband plans can be found here.

Terms and conditions for Spark's consumer broadband customers can be found here.

The Spark Business Broadband Services are described in:

  • these Terms (which describe, for example, any service limitations and what charges may apply);
  • the Spark Business Broadband product page for each Spark Business Broadband plan, as set out on our website (describing the Service); and
  • the "questions about Spark business broadband" pages on our website (describing the Service).

Together these make up the "Service Description" for Spark Business Broadband Services. Links to the pages on our website which set out more detail about the features, prices and other matters about our Business Broadband Services are here. Prices for the various Business Broadband Services and packages are also shown on the broadband web pages on our website.

Ultra Fibre Broadband customers

You agree at the time you accept these terms and conditions, that you will be bound by your Local Fibre Company's (LFC) End User Terms, which relate to the provision (including installation) and use of that part of the LFC's network which is located on your premises. We will advise you who your LFC is at the time of placing your order for Spark Business Ultra Fibre Broadband. Your LFC's current End User Terms can be found here.

Spark's Business Ultra Fibre Broadband product terms apply to the Spark Business Ultra Fibre Broadband service and prevail in relation to that service to the extent that they are inconsistent with these Terms

VDSL broadband customers

Spark's Ultra VDSL Broadband product terms for business customers apply to the Ultra VDSL Broadband service and prevail in relation to that service to the extent that they are inconsistent with these Terms

Contents of these terms:

1. Getting Set Up
2. Moving Plans
3. Minimum Contract Term
4. Changing, withholding, suspending, restricting, replacing or terminating service

5. Our disclaimers relating to Business Broadband

6. Changing these terms
7. Other Important Information
8. Equipment
9. Service Reliability

10. Support

11. Department of Internal Affairs Digital Child Exploitation Filtering System
12. No retention of data

1. Getting set up

Connection and availability

To use Spark Business Broadband Services, you must have a Spark landline account and a Spark broadband account. If you are a new Spark broadband customer, you will need a standard broadband connection to use the Spark Business Broadband Service and in some cases you will be required to get broadband wiring to use the Spark Business Broadband Service. You will be advised of any connection charges that apply before you agree to use the Spark Business Broadband Service. For current information on Spark business broadband connection pricing please visit our website.

Spark business broadband, including the different technologies, ADSL, Ultra VDSL and Ultra Fibre®, are not available in all areas. Occasionally factors like the distance of equipment from a particular site or address mean we are unable to deliver Spark business broadband, even when Spark business broadband is available in your area.

Connection and Installation Options

ADSL & VDSL Business Broadband

New ADSL & VDSL Business Broadband connections may opt for Connection Only, where Spark will connect your line remotely and you or your IT adviser installs the broadband modem.

If you are using five or more telephone jackpoints at your office, or you have an alarm that is capable of being monitored, you will need to select the Connection and Wiring option. A technician will visit your premises and install a splitter, to get broadband working on your telephone line. You will be advised of any charges associated with this connection option before you agree to the installation.

Details on the installation options for Ultra Fibre are set out in the respective product terms.

Other points to note:

  • There is a possibility that activation of your Spark broadband account may result in you experiencing a temporary loss of your Spark landline. If this does occur, normal service is usually resumed within a few hours.
  • If, despite our reasonable efforts, your Spark broadband installation fails (e.g. the technician is unable to get the service running), the Spark jackpoint and any other equipment will remain at your premises and you will not be charged for the installation.

Modem (or Gateway)

To make the most of Spark Business Broadband services and support, you will need a compatible broadband modem. A Business Broadband Gateway Kit, which includes a compatible broadband modem, is available at no extra cost as part of the standard business broadband offer. However, you will need to agree to a minimum term contract (see clause 3 below).

Setting up your Spark business broadband modem & computer

The Gateway Kit contains a Quick Installation Guide to assist you to setup and configure your Spark business broadband gateway to your computer(s). Further information on the Gateway modem is available. We may offer additional setup services via our installers. This service may not be available for all broadband technologies and charges apply.

Transferring to a new telephone line

If you want Spark business broadband transferred to a new telephone line you will have to pay for connection and in some cases wiring and installation. You will be advised of the charges that apply to your specific installation prior to the commencement of any installation work.

Billing

As a Spark customer, you won't receive a separate account - business broadband will appear as part of your monthly Spark bill. Spark business broadband usage charges are recorded in the 'rental and activity' section of your Spark account. Charges will include:

  • any applicable one-off installation and, if applicable, Spark business broadband modem charges;
  • any Spark business broadband monthly plan fee (which is billed one month in advance); and if applicable
  • any additional monthly rental fee for an Ultra Fibre plan premium (also billed one month in advance);
  • any charges for additional data used over and above your plan’s monthly data allowance (which are billed one month in arrears)

2. Moving Plans

You can make one Spark business broadband plan change per calendar month, within the same product line. The move to a different Spark business broadband plan can take up to two working days to complete. If you do change plans, you will also see some 'part-monthly' charges on your next bill: a part-monthly credit for the plan you cancelled and a part-monthly charge for the plan you moved to.

If you wish to switch to a Spark broadband plan that is not a business broadband plan or within the same product line, e.g. Business Basics or a residential plan or Ultra VDSL or Ultra Fibre, or if you are on one of these plans and wish to switch to a Business Broadband ADSL plan, an early termination fee may apply if you're still within your minimum term contract period.

Business Broadband ADSL, Business Broadband Ultra VDSL and Business Broadband Ultra Fibre are different product lines. A change between product lines is not considered a plan change and installation fees apply; and early termination fees may apply if you have not completed the minimum term of your contract. You will be advised of any applicable installation fees prior to you incurring them. If an early termination fee applies you will have been advised of the fee at the time of joining Spark business broadband and if you have forgotten what the fee is you can contact us and we will advise you. Any changes between broadband product lines are subject to usual availability limitations. This means that we are unable to guarantee that Spark business broadband will be available in a particular area or at a specific location and what the service quality will be like until Spark business broadband has been connected.

Excess usage charges

If you exceed your monthly data usage limit for any particular month, you will be charged for each excess gigabyte (or part thereof) you use, in addition to your standard monthly charges for your particular Spark business broadband plan. View broadband charges for additional usage.

3. Minimum Contract Term

A 24 month minimum term applies to all new Spark business broadband connections. If your Spark business broadband account is closed before the end of the 24 period, you will have to pay an early termination fee. You may also have to pay an early termination fee if you move to a different product line (e.g. ADSL to Ultra VDSL) before the end of the 24 month minimum term. See current early termination fees

4. Changing, withholding, suspending, restricting, replacing or terminating service

There are certain things that despite our best efforts, we cannot guarantee or provide in relation to our Business Broadband Service. In some cases it may be unavoidable for us to change, withhold, suspend, restrict, replace or terminate any of our Spark Business Broadband Services where, for example, systems or the network are being maintained or otherwise worked on, unavailable or must be protected, to manage network traffic or access to network services (for example, to manage peer to peer traffic types), to improve functionality and attributes of the Spark Business Broadband Services, or for any other reason we think is reasonably necessary or desirable to do so.

Where we have changed or replaced an existing Business Broadband Service, and we have to do this without providing you with prior notice of the change in order to protect our network, we will advise of the changes and the impact on you immediately following the change. If acting reasonably you consider that the change has a negative impact on your use of the Spark Business Broadband Services you can exercise your right to terminate these Terms. You acknowledge that we reserve the right to suspend, sign out, disconnect, terminate, or delete your broadband accounts (including sub accounts) or any communication session for any particular Business Broadband Service that is "inactive" for a period of time. "Inactive" means that you have not used a particular Business Broadband Service or your broadband account for a period of time, as determined by us, when acting reasonably.

5. Our disclaimers relating to broadband

Availability of Spark Business Broadband Services

The configuration of your computer, device, systems server or other communication equipment ("Systems") you use to receive our Spark Business Broadband Services may affect, not only your use of our Spark Business Broadband Services, but our provision of it. For example, certain SMTP service configurations leave you vulnerable to relaying spam; spam may overload our systems.

Our Spark Business Broadband Services will only be delivered to your relevant Systems when you have the required connection to receive the Broadband Service and will be subject to any service availability limitations and any functionality limitations of your Systems.

Content disclaimer

Spark does not and cannot in any way supervise, edit or control the way in which you or other end users use the content, information or other material accessed through the Spark Business Broadband Services we provide to you.

You acknowledge and agree that Spark will not be held responsible in any way for the content, information or other material accessed or provided by means of our Spark Business Broadband Services. You are responsible for all content, information or other material that you upload, download, post, email, or otherwise transmit, access or make available through the use of our Spark Business Broadband Services.

Spark has not reviewed all or any of the sites linked to the Spark Business Broadband Services and is not responsible for the content of any of those sites.

Third party infrastructure, systems and services

The Spark Business Broadband Services are delivered to you using other providers' infrastructure and systems, for example, that of Chorus. We are not liable or responsible for anything which occurs as a result of other providers' infrastructure and systems.

We have not checked the accuracy or completeness of the information or the suitability or quality of the products and services of the third parties. You must make your own inquiries with the relevant third party supplier directly before relying on the third party information or entering into a transaction in relation to third party products and services supplied by means of our Spark Business Broadband Services. You should check with the third party supplier whether there are additional charges and terms which may apply.

6. Changing these Terms

We may change these Terms by changing or removing existing terms or by adding new ones at any time. Changes may take the form of completely new Terms. We will tell you about any changes by emailing or writing to you or SMS messaging you. We will tell you about changes to these Terms at least one month before they come into effect. If acting reasonably you consider that the change has a negative impact on your use of the Spark Business Broadband Services you can exercise your right to terminate these Terms.

7. Other Important Information

Speed

Spark broadband, provided over ADSL, Ultra VDSL or Ultra Fibre access technologies, is not available in all areas. Broadband speeds can vary for a number of reasons none the least the access technology you choose. Factors which impact on speed can include: how close your premises is to an exchange, your computer's capability, and your premises’ wiring and, where applicable, your devices’ WiFi capability and WiFi interference at your site. The day-to-day performance will also be affected by traffic congestion, the websites you visit and the applications you download. For more information on how broadband speeds vary visit www.spark.co.nz/speed

Data usage

Data usage is based on the amount of data transferred through your Spark broadband connection (both uploading and downloading), this can include overhead data usage which is required for establishing and maintaining the connection. Any unused portion of your monthly data allowance will not accumulate from billing period to billing period and will not be refunded.

The Spark broadband usage meter is available for you to check on your gigabyte usage. The usage meter does not show your usage in real time. It is updated approximately every hour and, under normal conditions, will accurately reflect usage up to 2 hours earlier. However, in some circumstances, such as when there are large numbers of users on the internet, it can sometimes take longer for your usage meter to be updated, particularly at the end of your billing month. It is important that you take this into account when tracking your usage. You can check your usage at www.spark.co.nz/usagemeter. From this site, you can also set up alerts to advise you when you are close to or have exceeded your monthly data allowance.

Usage Alerts

Usage alerts are designed to help you keep tabs on your data usage, but ultimately it is your responsibility to monitor how much data you have used. Some viruses can lead to unexpected use of data and this in turn can use up your monthly data allowance. This unwanted usage could lead to you reaching your monthly data allowance faster than you thought. You are entirely responsible for all data usage that occurs under your account, whether or not the usage is caused by a virus. Remember it is your responsibility to make sure you have sufficient security to meet your needs.

Security

It is important to remember that you will need to manage your security and access to your Spark Business Broadband Gateway (modem) as you are responsible for all data usage charges on your Spark Broadband Account no matter who incurs the excess usage charges. See the Quick Start Guide, included in the Business Broadband Gateway Kit, for tips on how to improve the security of your Gateway and WiFi connection.

8. Equipment

Spark business broadband can only be used on a computer that meets certain minimum system requirements; your computer equipment can impact the broadband speeds you experience. For more information on minimum computer requirements, see minimum system requirements.

Windows XP/ Vista/ 7 or higher
Mac O/S version 9.0 or better
1GHz or faster processor
Ethernet port or Wireless 802.11 b/g/n
Web browser
Spark business broadband is provided with a Spark Business Broadband Gateway (modem). The Business Broadband helpdesk does not provide support for equipment other than the Spark provided Spark Business Broadband Gateway.

Our undertaking to you is that equipment provided in the Spark Business Broadband Gateway Kit will operate in accordance with the published specifications and that at our option we will within a reasonable time, either provide repair, replacement (provide you with an equivalent kit) or adjusted services without charge to you to rectify any defect in material or workmanship in any item of the kit or pay for the cost of replacing or repairing the kit, or acquiring an equivalent kit.

However, we will not have any obligation to repair, replace or adjust any item of the kit where:

Modifications, alterations, attachments or other work has been carried out to the kit;
the kit has been used in combination with equipment, programs, accessories or services not supplied or authorised by Spark; failure to observe Spark or the manufacturer's written instructions regarding the use, operating or environmental conditions for the kit; and misuse, abuse, accidental damage or negligent use or operation of the kit.

9. Service Reliability

Spark is unable to provide specific performance guarantees, however we are committed to providing a consistent and reliable service.

While we always strive to provide a consistent service, there are a number of factors that influence reliability. For this reason, we do not guarantee connection speed bandwidth, latency (delay) or bit rate through our broadband network at any one point in time.

As the Spark Business Broadband Service can occasionally go down, we do not recommend it is relied on solely for 'mission critical' purposes. We cannot guarantee how quickly we can resolve problems with the network.

Spark business broadband is not designed to support guaranteed service levels and may not be appropriate for applications which rely on guaranteed speed and latency characteristics, e.g.

Two-way voice applications
Two-way video applications

To find out about managed broadband connections, with guaranteed service levels, call 126 or your Spark account manager.

10. Support

The stability and performance of your Spark Business Broadband Service can be affected by a number of potential faults. A fault can commonly originate from our network, your modem/gateway or your computer. If the service is not meeting your expectations, our Customer Support team are trained to help you identify where the potential fault lies.

Occasionally network outages do occur. When they do, we record a message about the fault which you can hear when you call 0800 BUSINESS (28 74 63). There is no charge for fixing faults during our normal business hours except where you, or anyone you are responsible for, cause the fault or if the fault lies with your own equipment (e.g. your computer).

If a Spark-approved service technician does visit your premises and finds that there are no problems with the network, you will be required to pay the cost of the service technician being sent out. We will let you know in advance what the potential charges to you could be.

If you are still having problems with Spark business broadband, call us on 0800 BUSINESS (28 74 63)

For customers with other ISPs you should contact your ISP directly.

11. Department of Internal Affairs Digital Child Exploitation Filtering System

We will intercept communications for the purposes of the Department of Internal Affairs' Digital Child Exploitation Filtering System and in continuing to use your Spark Broadband Service, you acknowledge and consent to this.

12. No retention of data

The amount of email and data storage available to you on systems to provide you with Spark Business Broadband Services is limited and some email or data may not be processed due to space restraints.

You agree that it may be reasonably necessary for us to establish limits concerning use of any Spark Business Broadband Services including, without limitation, the maximum number of days that material will be retained, the maximum amount and size of material that may be sent from or received by an account in connection with any Spark Business Broadband Services, the maximum disk space that will be allotted on servers on your behalf, either cumulatively or for any particular Business Broadband Service, such as for storing graphics or documents, and the maximum number of times and duration you may access any servers in a given period of time. Where we change or introduce new limits we will give you as much warning as we reasonably can. If you do not agree to the limits you may exercise your right to terminate these Terms. If we and/or our partners or suppliers acting reasonably believe these space restraints or limits are, or will be, compromised, and in order to protect our network or that of our partners or suppliers and the use of the Spark Business Broadband Services for our customers then we and/or our partners or suppliers may delete any electronic mail message, information or data in any other form (together "material"), sent by you or addressed to you.

If any material is deleted and we are able to identify that you are the sender of the material or the intended recipient we will notify you as soon as we reasonably can. However, you acknowledge that in some cases we may not be able to identify individually impacted customers and in those instances we are not required to notify you or the sender of that deleted material. You agree that Spark has no responsibility or liability for the deletion, corruption or failure to store any information, material or other content maintained or transmitted in connection with any of our Business Broadband Services. You acknowledge that the features, parameters (for example, the amount of storage available to you) or existence of any Business Broadband Services may change at any time.

The following Terms apply to our business customers who have a Spark business broadband product or service with us (in other words, internet at your business premises) (the Spark "Business Broadband Service(s)" or the Spark "Business Broadband Product(s)").

 

These Terms apply together with the Spark Business Terms and Conditions, which also apply when you have a Business Broadband Service from us (Spark Business Broadband being a Service for the purpose of those Terms). These Terms will prevail to the extent that they are inconsistent with the Business Terms and Conditions.

These terms and conditions are for business broadband plans only. Different terms and conditions will apply if you have a managed business internet service.

Terms and conditions for Spark's residential and basic broadband plans can be found here.

Terms and conditions for Spark's consumer broadband customers can be found here.

The Spark Business Broadband Services are described in:

  • these Terms (which describe, for example, any service limitations and what charges may apply);
  • the Spark Business Broadband product page for each Spark Business Broadband plan, as set out on our website (describing the Service); and
  • the "questions about Spark business broadband" pages on our website (describing the Service).

Together these make up the "Service Description" for Spark Business Broadband Services. Links to the pages on our website which set out more detail about the features, prices and other matters about our Business Broadband Services are here. Prices for the various Business Broadband Services and packages are also shown on the broadband web pages on our website.

Ultra Fibre Broadband customers

You agree at the time you accept these terms and conditions, that you will be bound by your Local Fibre Company's (LFC) End User Terms, which relate to the provision (including installation) and use of that part of the LFC's network which is located on your premises. We will advise you who your LFC is at the time of placing your order for Spark Business Ultra Fibre Broadband. Your LFC's current End User Terms can be found here.

Spark's Business Ultra Fibre Broadband product terms apply to the Spark Business Ultra Fibre Broadband service and prevail in relation to that service to the extent that they are inconsistent with these Terms

VDSL broadband customers

Spark's Ultra VDSL Broadband product terms for business customers apply to the Ultra VDSL Broadband service and prevail in relation to that service to the extent that they are inconsistent with these Terms

Contents of these terms:

1. Getting Set Up
2. Moving Plans
3. Minimum Contract Term
4. Changing, withholding, suspending, restricting, replacing or terminating service

5. Our disclaimers relating to Business Broadband

6. Changing these terms
7. Other Important Information
8. Equipment
9. Service Reliability

10. Support

11. Department of Internal Affairs Digital Child Exploitation Filtering System
12. No retention of data

1. Getting set up

Connection and availability

To use Spark Business Broadband Services, you must have a Spark landline account and a Spark broadband account. If you are a new Spark broadband customer, you will need a standard broadband connection to use the Spark Business Broadband Service and in some cases you will be required to get broadband wiring to use the Spark Business Broadband Service. You will be advised of any connection charges that apply before you agree to use the Spark Business Broadband Service. For current information on Spark business broadband connection pricing please visit our website.

Spark business broadband, including the different technologies, ADSL, Ultra VDSL and Ultra Fibre®, are not available in all areas. Occasionally factors like the distance of equipment from a particular site or address mean we are unable to deliver Spark business broadband, even when Spark business broadband is available in your area.

Connection and Installation Options

ADSL & VDSL Business Broadband

New ADSL & VDSL Business Broadband connections may opt for Connection Only, where Spark will connect your line remotely and you or your IT adviser installs the broadband modem.

If you are using five or more telephone jackpoints at your office, or you have an alarm that is capable of being monitored, you will need to select the Connection and Wiring option. A technician will visit your premises and install a splitter, to get broadband working on your telephone line. You will be advised of any charges associated with this connection option before you agree to the installation.

Details on the installation options for Ultra Fibre are set out in the respective product terms.

Other points to note:

  • There is a possibility that activation of your Spark broadband account may result in you experiencing a temporary loss of your Spark landline. If this does occur, normal service is usually resumed within a few hours.
  • If, despite our reasonable efforts, your Spark broadband installation fails (e.g. the technician is unable to get the service running), the Spark jackpoint and any other equipment will remain at your premises and you will not be charged for the installation.

Modem (or Gateway)

To make the most of Spark Business Broadband services and support, you will need a compatible broadband modem. A Business Broadband Gateway Kit, which includes a compatible broadband modem, is available at no extra cost as part of the standard business broadband offer. However, you will need to agree to a minimum term contract (see clause 3 below).

Setting up your Spark business broadband modem & computer

The Gateway Kit contains a Quick Installation Guide to assist you to setup and configure your Spark business broadband gateway to your computer(s). Further information on the Gateway modem is available. We may offer additional setup services via our installers. This service may not be available for all broadband technologies and charges apply.

Transferring to a new telephone line

If you want Spark business broadband transferred to a new telephone line you will have to pay for connection and in some cases wiring and installation. You will be advised of the charges that apply to your specific installation prior to the commencement of any installation work.

Billing

As a Spark customer, you won't receive a separate account - business broadband will appear as part of your monthly Spark bill. Spark business broadband usage charges are recorded in the 'rental and activity' section of your Spark account. Charges will include:

  • any applicable one-off installation and, if applicable, Spark business broadband modem charges;
  • any Spark business broadband monthly plan fee (which is billed one month in advance); and if applicable
  • any additional monthly rental fee for an Ultra Fibre plan premium (also billed one month in advance);
  • any charges for additional data used over and above your plan’s monthly data allowance (which are billed one month in arrears)

2. Moving Plans

You can make one Spark business broadband plan change per calendar month, within the same product line. The move to a different Spark business broadband plan can take up to two working days to complete. If you do change plans, you will also see some 'part-monthly' charges on your next bill: a part-monthly credit for the plan you cancelled and a part-monthly charge for the plan you moved to.

If you wish to switch to a Spark broadband plan that is not a business broadband plan or within the same product line, e.g. Business Basics or a residential plan or Ultra VDSL or Ultra Fibre, or if you are on one of these plans and wish to switch to a Business Broadband ADSL plan, an early termination fee may apply if you're still within your minimum term contract period.

Business Broadband ADSL, Business Broadband Ultra VDSL and Business Broadband Ultra Fibre are different product lines. A change between product lines is not considered a plan change and installation fees apply; and early termination fees may apply if you have not completed the minimum term of your contract. You will be advised of any applicable installation fees prior to you incurring them. If an early termination fee applies you will have been advised of the fee at the time of joining Spark business broadband and if you have forgotten what the fee is you can contact us and we will advise you. Any changes between broadband product lines are subject to usual availability limitations. This means that we are unable to guarantee that Spark business broadband will be available in a particular area or at a specific location and what the service quality will be like until Spark business broadband has been connected.

Excess usage charges

If you exceed your monthly data usage limit for any particular month, you will be charged for each excess gigabyte (or part thereof) you use, in addition to your standard monthly charges for your particular Spark business broadband plan. View broadband charges for additional usage.

3. Minimum Contract Term

A 24 month minimum term applies to all new Spark business broadband connections. If your Spark business broadband account is closed before the end of the 24 period, you will have to pay an early termination fee. You may also have to pay an early termination fee if you move to a different product line (e.g. ADSL to Ultra VDSL) before the end of the 24 month minimum term. See current early termination fees

4. Changing, withholding, suspending, restricting, replacing or terminating service

There are certain things that despite our best efforts, we cannot guarantee or provide in relation to our Business Broadband Service. In some cases it may be unavoidable for us to change, withhold, suspend, restrict, replace or terminate any of our Spark Business Broadband Services where, for example, systems or the network are being maintained or otherwise worked on, unavailable or must be protected, to manage network traffic or access to network services (for example, to manage peer to peer traffic types), to improve functionality and attributes of the Spark Business Broadband Services, or for any other reason we think is reasonably necessary or desirable to do so.

Where we have changed or replaced an existing Business Broadband Service, and we have to do this without providing you with prior notice of the change in order to protect our network, we will advise of the changes and the impact on you immediately following the change. If acting reasonably you consider that the change has a negative impact on your use of the Spark Business Broadband Services you can exercise your right to terminate these Terms. You acknowledge that we reserve the right to suspend, sign out, disconnect, terminate, or delete your broadband accounts (including sub accounts) or any communication session for any particular Business Broadband Service that is "inactive" for a period of time. "Inactive" means that you have not used a particular Business Broadband Service or your broadband account for a period of time, as determined by us, when acting reasonably.

5. Our disclaimers relating to broadband

Availability of Spark Business Broadband Services

The configuration of your computer, device, systems server or other communication equipment ("Systems") you use to receive our Spark Business Broadband Services may affect, not only your use of our Spark Business Broadband Services, but our provision of it. For example, certain SMTP service configurations leave you vulnerable to relaying spam; spam may overload our systems.

Our Spark Business Broadband Services will only be delivered to your relevant Systems when you have the required connection to receive the Broadband Service and will be subject to any service availability limitations and any functionality limitations of your Systems.

Content disclaimer

Spark does not and cannot in any way supervise, edit or control the way in which you or other end users use the content, information or other material accessed through the Spark Business Broadband Services we provide to you.

You acknowledge and agree that Spark will not be held responsible in any way for the content, information or other material accessed or provided by means of our Spark Business Broadband Services. You are responsible for all content, information or other material that you upload, download, post, email, or otherwise transmit, access or make available through the use of our Spark Business Broadband Services.

Spark has not reviewed all or any of the sites linked to the Spark Business Broadband Services and is not responsible for the content of any of those sites.

Third party infrastructure, systems and services

The Spark Business Broadband Services are delivered to you using other providers' infrastructure and systems, for example, that of Chorus. We are not liable or responsible for anything which occurs as a result of other providers' infrastructure and systems.

We have not checked the accuracy or completeness of the information or the suitability or quality of the products and services of the third parties. You must make your own inquiries with the relevant third party supplier directly before relying on the third party information or entering into a transaction in relation to third party products and services supplied by means of our Spark Business Broadband Services. You should check with the third party supplier whether there are additional charges and terms which may apply.

6. Changing these Terms

We may change these Terms by changing or removing existing terms or by adding new ones at any time. Changes may take the form of completely new Terms. We will tell you about any changes by emailing or writing to you or SMS messaging you. We will tell you about changes to these Terms at least one month before they come into effect. If acting reasonably you consider that the change has a negative impact on your use of the Spark Business Broadband Services you can exercise your right to terminate these Terms.

7. Other Important Information

Speed

Spark broadband, provided over ADSL, Ultra VDSL or Ultra Fibre access technologies, is not available in all areas. Broadband speeds can vary for a number of reasons none the least the access technology you choose. Factors which impact on speed can include: how close your premises is to an exchange, your computer's capability, and your premises’ wiring and, where applicable, your devices’ WiFi capability and WiFi interference at your site. The day-to-day performance will also be affected by traffic congestion, the websites you visit and the applications you download. For more information on how broadband speeds vary visit www.spark.co.nz/speed

Data usage

Data usage is based on the amount of data transferred through your Spark broadband connection (both uploading and downloading), this can include overhead data usage which is required for establishing and maintaining the connection. Any unused portion of your monthly data allowance will not accumulate from billing period to billing period and will not be refunded.

The Spark broadband usage meter is available for you to check on your gigabyte usage. The usage meter does not show your usage in real time. It is updated approximately every hour and, under normal conditions, will accurately reflect usage up to 2 hours earlier. However, in some circumstances, such as when there are large numbers of users on the internet, it can sometimes take longer for your usage meter to be updated, particularly at the end of your billing month. It is important that you take this into account when tracking your usage. You can check your usage at www.spark.co.nz/usagemeter. From this site, you can also set up alerts to advise you when you are close to or have exceeded your monthly data allowance.

Usage Alerts

Usage alerts are designed to help you keep tabs on your data usage, but ultimately it is your responsibility to monitor how much data you have used. Some viruses can lead to unexpected use of data and this in turn can use up your monthly data allowance. This unwanted usage could lead to you reaching your monthly data allowance faster than you thought. You are entirely responsible for all data usage that occurs under your account, whether or not the usage is caused by a virus. Remember it is your responsibility to make sure you have sufficient security to meet your needs.

Security

It is important to remember that you will need to manage your security and access to your Spark Business Broadband Gateway (modem) as you are responsible for all data usage charges on your Spark Broadband Account no matter who incurs the excess usage charges. See the Quick Start Guide, included in the Business Broadband Gateway Kit, for tips on how to improve the security of your Gateway and WiFi connection.

8. Equipment

Spark business broadband can only be used on a computer that meets certain minimum system requirements; your computer equipment can impact the broadband speeds you experience. For more information on minimum computer requirements, see minimum system requirements.

Windows XP/ Vista/ 7 or higher
Mac O/S version 9.0 or better
1GHz or faster processor
Ethernet port or Wireless 802.11 b/g/n
Web browser
Spark business broadband is provided with a Spark Business Broadband Gateway (modem). The Business Broadband helpdesk does not provide support for equipment other than the Spark provided Spark Business Broadband Gateway.

Our undertaking to you is that equipment provided in the Spark Business Broadband Gateway Kit will operate in accordance with the published specifications and that at our option we will within a reasonable time, either provide repair, replacement (provide you with an equivalent kit) or adjusted services without charge to you to rectify any defect in material or workmanship in any item of the kit or pay for the cost of replacing or repairing the kit, or acquiring an equivalent kit.

However, we will not have any obligation to repair, replace or adjust any item of the kit where:

Modifications, alterations, attachments or other work has been carried out to the kit;
the kit has been used in combination with equipment, programs, accessories or services not supplied or authorised by Spark; failure to observe Spark or the manufacturer's written instructions regarding the use, operating or environmental conditions for the kit; and misuse, abuse, accidental damage or negligent use or operation of the kit.

9. Service Reliability

Spark is unable to provide specific performance guarantees, however we are committed to providing a consistent and reliable service.

While we always strive to provide a consistent service, there are a number of factors that influence reliability. For this reason, we do not guarantee connection speed bandwidth, latency (delay) or bit rate through our broadband network at any one point in time.

As the Spark Business Broadband Service can occasionally go down, we do not recommend it is relied on solely for 'mission critical' purposes. We cannot guarantee how quickly we can resolve problems with the network.

Spark business broadband is not designed to support guaranteed service levels and may not be appropriate for applications which rely on guaranteed speed and latency characteristics, e.g.

Two-way voice applications
Two-way video applications

To find out about managed broadband connections, with guaranteed service levels, call 126 or your Spark account manager.

10. Support

The stability and performance of your Spark Business Broadband Service can be affected by a number of potential faults. A fault can commonly originate from our network, your modem/gateway or your computer. If the service is not meeting your expectations, our Customer Support team are trained to help you identify where the potential fault lies.

Occasionally network outages do occur. When they do, we record a message about the fault which you can hear when you call 0800 BUSINESS (28 74 63). There is no charge for fixing faults during our normal business hours except where you, or anyone you are responsible for, cause the fault or if the fault lies with your own equipment (e.g. your computer).

If a Spark-approved service technician does visit your premises and finds that there are no problems with the network, you will be required to pay the cost of the service technician being sent out. We will let you know in advance what the potential charges to you could be.

If you are still having problems with Spark business broadband, call us on 0800 BUSINESS (28 74 63)

For customers with other ISPs you should contact your ISP directly.

11. Department of Internal Affairs Digital Child Exploitation Filtering System

We will intercept communications for the purposes of the Department of Internal Affairs' Digital Child Exploitation Filtering System and in continuing to use your Spark Broadband Service, you acknowledge and consent to this.

12. No retention of data

The amount of email and data storage available to you on systems to provide you with Spark Business Broadband Services is limited and some email or data may not be processed due to space restraints.

You agree that it may be reasonably necessary for us to establish limits concerning use of any Spark Business Broadband Services including, without limitation, the maximum number of days that material will be retained, the maximum amount and size of material that may be sent from or received by an account in connection with any Spark Business Broadband Services, the maximum disk space that will be allotted on servers on your behalf, either cumulatively or for any particular Business Broadband Service, such as for storing graphics or documents, and the maximum number of times and duration you may access any servers in a given period of time. Where we change or introduce new limits we will give you as much warning as we reasonably can. If you do not agree to the limits you may exercise your right to terminate these Terms. If we and/or our partners or suppliers acting reasonably believe these space restraints or limits are, or will be, compromised, and in order to protect our network or that of our partners or suppliers and the use of the Spark Business Broadband Services for our customers then we and/or our partners or suppliers may delete any electronic mail message, information or data in any other form (together "material"), sent by you or addressed to you.

If any material is deleted and we are able to identify that you are the sender of the material or the intended recipient we will notify you as soon as we reasonably can. However, you acknowledge that in some cases we may not be able to identify individually impacted customers and in those instances we are not required to notify you or the sender of that deleted material. You agree that Spark has no responsibility or liability for the deletion, corruption or failure to store any information, material or other content maintained or transmitted in connection with any of our Business Broadband Services. You acknowledge that the features, parameters (for example, the amount of storage available to you) or existence of any Business Broadband Services may change at any time.

The following Terms apply to our business customers who have a Spark business broadband product or service with us (in other words, internet at your business premises) (the Spark "Business Broadband Service(s)" or the Spark "Business Broadband Product(s)").

 

These Terms apply together with the Spark Business Terms and Conditions, which also apply when you have a Business Broadband Service from us (Spark Business Broadband being a Service for the purpose of those Terms). These Terms will prevail to the extent that they are inconsistent with the Business Terms and Conditions.

These terms and conditions are for business broadband plans only. Different terms and conditions will apply if you have a managed business internet service.

Terms and conditions for Spark's residential and basic broadband plans can be found here.

Terms and conditions for Spark's consumer broadband customers can be found here.

The Spark Business Broadband Services are described in:

  • these Terms (which describe, for example, any service limitations and what charges may apply);
  • the Spark Business Broadband product page for each Spark Business Broadband plan, as set out on our website (describing the Service); and
  • the "questions about Spark business broadband" pages on our website (describing the Service).

Together these make up the "Service Description" for Spark Business Broadband Services. Links to the pages on our website which set out more detail about the features, prices and other matters about our Business Broadband Services are here. Prices for the various Business Broadband Services and packages are also shown on the broadband web pages on our website.

Ultra Fibre Broadband customers

You agree at the time you accept these terms and conditions, that you will be bound by your Local Fibre Company's (LFC) End User Terms, which relate to the provision (including installation) and use of that part of the LFC's network which is located on your premises. We will advise you who your LFC is at the time of placing your order for Spark Business Ultra Fibre Broadband. Your LFC's current End User Terms can be found here.

Spark's Business Ultra Fibre Broadband product terms apply to the Spark Business Ultra Fibre Broadband service and prevail in relation to that service to the extent that they are inconsistent with these Terms

VDSL broadband customers

Spark's Ultra VDSL Broadband product terms for business customers apply to the Ultra VDSL Broadband service and prevail in relation to that service to the extent that they are inconsistent with these Terms

Contents of these terms:

1. Getting Set Up
2. Moving Plans
3. Minimum Contract Term
4. Changing, withholding, suspending, restricting, replacing or terminating service

5. Our disclaimers relating to Business Broadband

6. Changing these terms
7. Other Important Information
8. Equipment
9. Service Reliability

10. Support

11. Department of Internal Affairs Digital Child Exploitation Filtering System
12. No retention of data

1. Getting set up

Connection and availability

To use Spark Business Broadband Services, you must have a Spark landline account and a Spark broadband account. If you are a new Spark broadband customer, you will need a standard broadband connection to use the Spark Business Broadband Service and in some cases you will be required to get broadband wiring to use the Spark Business Broadband Service. You will be advised of any connection charges that apply before you agree to use the Spark Business Broadband Service. For current information on Spark business broadband connection pricing please visit our website.

Spark business broadband, including the different technologies, ADSL, Ultra VDSL and Ultra Fibre®, are not available in all areas. Occasionally factors like the distance of equipment from a particular site or address mean we are unable to deliver Spark business broadband, even when Spark business broadband is available in your area.

Connection and Installation Options

ADSL & VDSL Business Broadband

New ADSL & VDSL Business Broadband connections may opt for Connection Only, where Spark will connect your line remotely and you or your IT adviser installs the broadband modem.

If you are using five or more telephone jackpoints at your office, or you have an alarm that is capable of being monitored, you will need to select the Connection and Wiring option. A technician will visit your premises and install a splitter, to get broadband working on your telephone line. You will be advised of any charges associated with this connection option before you agree to the installation.

Details on the installation options for Ultra Fibre are set out in the respective product terms.

Other points to note:

  • There is a possibility that activation of your Spark broadband account may result in you experiencing a temporary loss of your Spark landline. If this does occur, normal service is usually resumed within a few hours.
  • If, despite our reasonable efforts, your Spark broadband installation fails (e.g. the technician is unable to get the service running), the Spark jackpoint and any other equipment will remain at your premises and you will not be charged for the installation.

Modem (or Gateway)

To make the most of Spark Business Broadband services and support, you will need a compatible broadband modem. A Business Broadband Gateway Kit, which includes a compatible broadband modem, is available at no extra cost as part of the standard business broadband offer. However, you will need to agree to a minimum term contract (see clause 3 below).

Setting up your Spark business broadband modem & computer

The Gateway Kit contains a Quick Installation Guide to assist you to setup and configure your Spark business broadband gateway to your computer(s). Further information on the Gateway modem is available. We may offer additional setup services via our installers. This service may not be available for all broadband technologies and charges apply.

Transferring to a new telephone line

If you want Spark business broadband transferred to a new telephone line you will have to pay for connection and in some cases wiring and installation. You will be advised of the charges that apply to your specific installation prior to the commencement of any installation work.

Billing

As a Spark customer, you won't receive a separate account - business broadband will appear as part of your monthly Spark bill. Spark business broadband usage charges are recorded in the 'rental and activity' section of your Spark account. Charges will include:

  • any applicable one-off installation and, if applicable, Spark business broadband modem charges;
  • any Spark business broadband monthly plan fee (which is billed one month in advance); and if applicable
  • any additional monthly rental fee for an Ultra Fibre plan premium (also billed one month in advance);
  • any charges for additional data used over and above your plan’s monthly data allowance (which are billed one month in arrears)

2. Moving Plans

You can make one Spark business broadband plan change per calendar month, within the same product line. The move to a different Spark business broadband plan can take up to two working days to complete. If you do change plans, you will also see some 'part-monthly' charges on your next bill: a part-monthly credit for the plan you cancelled and a part-monthly charge for the plan you moved to.

If you wish to switch to a Spark broadband plan that is not a business broadband plan or within the same product line, e.g. Business Basics or a residential plan or Ultra VDSL or Ultra Fibre, or if you are on one of these plans and wish to switch to a Business Broadband ADSL plan, an early termination fee may apply if you're still within your minimum term contract period.

Business Broadband ADSL, Business Broadband Ultra VDSL and Business Broadband Ultra Fibre are different product lines. A change between product lines is not considered a plan change and installation fees apply; and early termination fees may apply if you have not completed the minimum term of your contract. You will be advised of any applicable installation fees prior to you incurring them. If an early termination fee applies you will have been advised of the fee at the time of joining Spark business broadband and if you have forgotten what the fee is you can contact us and we will advise you. Any changes between broadband product lines are subject to usual availability limitations. This means that we are unable to guarantee that Spark business broadband will be available in a particular area or at a specific location and what the service quality will be like until Spark business broadband has been connected.

Excess usage charges

If you exceed your monthly data usage limit for any particular month, you will be charged for each excess gigabyte (or part thereof) you use, in addition to your standard monthly charges for your particular Spark business broadband plan. View broadband charges for additional usage.

3. Minimum Contract Term

A 24 month minimum term applies to all new Spark business broadband connections. If your Spark business broadband account is closed before the end of the 24 period, you will have to pay an early termination fee. You may also have to pay an early termination fee if you move to a different product line (e.g. ADSL to Ultra VDSL) before the end of the 24 month minimum term. See current early termination fees

4. Changing, withholding, suspending, restricting, replacing or terminating service

There are certain things that despite our best efforts, we cannot guarantee or provide in relation to our Business Broadband Service. In some cases it may be unavoidable for us to change, withhold, suspend, restrict, replace or terminate any of our Spark Business Broadband Services where, for example, systems or the network are being maintained or otherwise worked on, unavailable or must be protected, to manage network traffic or access to network services (for example, to manage peer to peer traffic types), to improve functionality and attributes of the Spark Business Broadband Services, or for any other reason we think is reasonably necessary or desirable to do so.

Where we have changed or replaced an existing Business Broadband Service, and we have to do this without providing you with prior notice of the change in order to protect our network, we will advise of the changes and the impact on you immediately following the change. If acting reasonably you consider that the change has a negative impact on your use of the Spark Business Broadband Services you can exercise your right to terminate these Terms. You acknowledge that we reserve the right to suspend, sign out, disconnect, terminate, or delete your broadband accounts (including sub accounts) or any communication session for any particular Business Broadband Service that is "inactive" for a period of time. "Inactive" means that you have not used a particular Business Broadband Service or your broadband account for a period of time, as determined by us, when acting reasonably.

5. Our disclaimers relating to broadband

Availability of Spark Business Broadband Services

The configuration of your computer, device, systems server or other communication equipment ("Systems") you use to receive our Spark Business Broadband Services may affect, not only your use of our Spark Business Broadband Services, but our provision of it. For example, certain SMTP service configurations leave you vulnerable to relaying spam; spam may overload our systems.

Our Spark Business Broadband Services will only be delivered to your relevant Systems when you have the required connection to receive the Broadband Service and will be subject to any service availability limitations and any functionality limitations of your Systems.

Content disclaimer

Spark does not and cannot in any way supervise, edit or control the way in which you or other end users use the content, information or other material accessed through the Spark Business Broadband Services we provide to you.

You acknowledge and agree that Spark will not be held responsible in any way for the content, information or other material accessed or provided by means of our Spark Business Broadband Services. You are responsible for all content, information or other material that you upload, download, post, email, or otherwise transmit, access or make available through the use of our Spark Business Broadband Services.

Spark has not reviewed all or any of the sites linked to the Spark Business Broadband Services and is not responsible for the content of any of those sites.

Third party infrastructure, systems and services

The Spark Business Broadband Services are delivered to you using other providers' infrastructure and systems, for example, that of Chorus. We are not liable or responsible for anything which occurs as a result of other providers' infrastructure and systems.

We have not checked the accuracy or completeness of the information or the suitability or quality of the products and services of the third parties. You must make your own inquiries with the relevant third party supplier directly before relying on the third party information or entering into a transaction in relation to third party products and services supplied by means of our Spark Business Broadband Services. You should check with the third party supplier whether there are additional charges and terms which may apply.

6. Changing these Terms

We may change these Terms by changing or removing existing terms or by adding new ones at any time. Changes may take the form of completely new Terms. We will tell you about any changes by emailing or writing to you or SMS messaging you. We will tell you about changes to these Terms at least one month before they come into effect. If acting reasonably you consider that the change has a negative impact on your use of the Spark Business Broadband Services you can exercise your right to terminate these Terms.

7. Other Important Information

Speed

Spark broadband, provided over ADSL, Ultra VDSL or Ultra Fibre access technologies, is not available in all areas. Broadband speeds can vary for a number of reasons none the least the access technology you choose. Factors which impact on speed can include: how close your premises is to an exchange, your computer's capability, and your premises’ wiring and, where applicable, your devices’ WiFi capability and WiFi interference at your site. The day-to-day performance will also be affected by traffic congestion, the websites you visit and the applications you download. For more information on how broadband speeds vary visit www.spark.co.nz/speed

Data usage

Data usage is based on the amount of data transferred through your Spark broadband connection (both uploading and downloading), this can include overhead data usage which is required for establishing and maintaining the connection. Any unused portion of your monthly data allowance will not accumulate from billing period to billing period and will not be refunded.

The Spark broadband usage meter is available for you to check on your gigabyte usage. The usage meter does not show your usage in real time. It is updated approximately every hour and, under normal conditions, will accurately reflect usage up to 2 hours earlier. However, in some circumstances, such as when there are large numbers of users on the internet, it can sometimes take longer for your usage meter to be updated, particularly at the end of your billing month. It is important that you take this into account when tracking your usage. You can check your usage at www.spark.co.nz/usagemeter. From this site, you can also set up alerts to advise you when you are close to or have exceeded your monthly data allowance.

Usage Alerts

Usage alerts are designed to help you keep tabs on your data usage, but ultimately it is your responsibility to monitor how much data you have used. Some viruses can lead to unexpected use of data and this in turn can use up your monthly data allowance. This unwanted usage could lead to you reaching your monthly data allowance faster than you thought. You are entirely responsible for all data usage that occurs under your account, whether or not the usage is caused by a virus. Remember it is your responsibility to make sure you have sufficient security to meet your needs.

Security

It is important to remember that you will need to manage your security and access to your Spark Business Broadband Gateway (modem) as you are responsible for all data usage charges on your Spark Broadband Account no matter who incurs the excess usage charges. See the Quick Start Guide, included in the Business Broadband Gateway Kit, for tips on how to improve the security of your Gateway and WiFi connection.

8. Equipment

Spark business broadband can only be used on a computer that meets certain minimum system requirements; your computer equipment can impact the broadband speeds you experience. For more information on minimum computer requirements, see minimum system requirements.

Windows XP/ Vista/ 7 or higher
Mac O/S version 9.0 or better
1GHz or faster processor
Ethernet port or Wireless 802.11 b/g/n
Web browser
Spark business broadband is provided with a Spark Business Broadband Gateway (modem). The Business Broadband helpdesk does not provide support for equipment other than the Spark provided Spark Business Broadband Gateway.

Our undertaking to you is that equipment provided in the Spark Business Broadband Gateway Kit will operate in accordance with the published specifications and that at our option we will within a reasonable time, either provide repair, replacement (provide you with an equivalent kit) or adjusted services without charge to you to rectify any defect in material or workmanship in any item of the kit or pay for the cost of replacing or repairing the kit, or acquiring an equivalent kit.

However, we will not have any obligation to repair, replace or adjust any item of the kit where:

Modifications, alterations, attachments or other work has been carried out to the kit;
the kit has been used in combination with equipment, programs, accessories or services not supplied or authorised by Spark; failure to observe Spark or the manufacturer's written instructions regarding the use, operating or environmental conditions for the kit; and misuse, abuse, accidental damage or negligent use or operation of the kit.

9. Service Reliability

Spark is unable to provide specific performance guarantees, however we are committed to providing a consistent and reliable service.

While we always strive to provide a consistent service, there are a number of factors that influence reliability. For this reason, we do not guarantee connection speed bandwidth, latency (delay) or bit rate through our broadband network at any one point in time.

As the Spark Business Broadband Service can occasionally go down, we do not recommend it is relied on solely for 'mission critical' purposes. We cannot guarantee how quickly we can resolve problems with the network.

Spark business broadband is not designed to support guaranteed service levels and may not be appropriate for applications which rely on guaranteed speed and latency characteristics, e.g.

Two-way voice applications
Two-way video applications

To find out about managed broadband connections, with guaranteed service levels, call 126 or your Spark account manager.

10. Support

The stability and performance of your Spark Business Broadband Service can be affected by a number of potential faults. A fault can commonly originate from our network, your modem/gateway or your computer. If the service is not meeting your expectations, our Customer Support team are trained to help you identify where the potential fault lies.

Occasionally network outages do occur. When they do, we record a message about the fault which you can hear when you call 0800 BUSINESS (28 74 63). There is no charge for fixing faults during our normal business hours except where you, or anyone you are responsible for, cause the fault or if the fault lies with your own equipment (e.g. your computer).

If a Spark-approved service technician does visit your premises and finds that there are no problems with the network, you will be required to pay the cost of the service technician being sent out. We will let you know in advance what the potential charges to you could be.

If you are still having problems with Spark business broadband, call us on 0800 BUSINESS (28 74 63)

For customers with other ISPs you should contact your ISP directly.

11. Department of Internal Affairs Digital Child Exploitation Filtering System

We will intercept communications for the purposes of the Department of Internal Affairs' Digital Child Exploitation Filtering System and in continuing to use your Spark Broadband Service, you acknowledge and consent to this.

12. No retention of data

The amount of email and data storage available to you on systems to provide you with Spark Business Broadband Services is limited and some email or data may not be processed due to space restraints.

You agree that it may be reasonably necessary for us to establish limits concerning use of any Spark Business Broadband Services including, without limitation, the maximum number of days that material will be retained, the maximum amount and size of material that may be sent from or received by an account in connection with any Spark Business Broadband Services, the maximum disk space that will be allotted on servers on your behalf, either cumulatively or for any particular Business Broadband Service, such as for storing graphics or documents, and the maximum number of times and duration you may access any servers in a given period of time. Where we change or introduce new limits we will give you as much warning as we reasonably can. If you do not agree to the limits you may exercise your right to terminate these Terms. If we and/or our partners or suppliers acting reasonably believe these space restraints or limits are, or will be, compromised, and in order to protect our network or that of our partners or suppliers and the use of the Spark Business Broadband Services for our customers then we and/or our partners or suppliers may delete any electronic mail message, information or data in any other form (together "material"), sent by you or addressed to you.

If any material is deleted and we are able to identify that you are the sender of the material or the intended recipient we will notify you as soon as we reasonably can. However, you acknowledge that in some cases we may not be able to identify individually impacted customers and in those instances we are not required to notify you or the sender of that deleted material. You agree that Spark has no responsibility or liability for the deletion, corruption or failure to store any information, material or other content maintained or transmitted in connection with any of our Business Broadband Services. You acknowledge that the features, parameters (for example, the amount of storage available to you) or existence of any Business Broadband Services may change at any time.