Business additional service terms

1. Additional Business Services.

This section covers our additional business services and what applies where you have one or more of the products /services.

Domain name registration/hosting
 

1. Registering domain names: You can apply for domain names through us by filling out the domain name application form. Domain name registration starts from the date that we confirm that your application is accepted by us and that the domain name registrar has registered the domain name. We may accept or decline your application at our discretion. You agree that neither we nor the domain name registrar are liable to you when assessing your application.
2. Domain name duration and charges: Different domain names have different registration periods. Find out more about registration periods
   You can also see charges for domain names here. View charges for domain names
3. Providing information: It's important that we receive correct information and that we are advised any time this changes. We also ask that you respond to us promptly if we need to clarify information you have provided to us. We may need to reconsider your domain name registration if we do not receive the right information from you. We may charge you if we need to make registry updates because of inaccurate information provided by you.
4. Sharing information: You acknowledge and agree we may share relevant information to the domain name registrar, ICANN and other registry advisors to assist with your registration (whose own privacy policies will apply). Some of that information may be listed publicly by us or the domain name registrar for registry purposes including Registrant, Admin and Technical contact details, date of domain name registration, nameservers and duration.
5. Websites: If you use your domain name to create a website, you are responsible for the material that you or anyone else puts on your website which must not be unlawful.
6. Ownership and intellectual property: You acknowledge that when a domain name is registered in your name or a name connected to you, you are granted the right to use that domain name for the registration period (subject to all fees being paid) but you acquire no ownership rights. You warrant to us that the registration and use of the domain name will not infringe the rights of any third party.

Renewing, transferring and cancelling domain names

7. Renewing domain names: We will provide 30 days' advance notice of the renewal date for the domain name. We will automatically renew the domain name for the minimum registration period available and charge you for it unless you tell us otherwise.
8. Transferring domain names or changing ownership: After the first 60 (or 5 for the top level domain .nz) days following registration of a domain name, you can transfer it to a different domain name registrar at any time. Transfer is subject to the applicable registry's transfer policies. Please call us on 0800 800 735 if you wish to change ownership of the domain name. Charges may apply when the transfer completes.
9. Suspension, modification, transfer or cancellation of domain names: We may suspend, modify, transfer or cancel any domain name:
   1. If the registration or renewal charges are not paid as required;
   2. As required or permitted by any terms, policies or orders of any regulatory authority or industry body that regulates the registration and use of your domain name including any ICANN or registry policy or procedure;
   3. To correct any errors in relation to your domain name;
   4. In order to resolve disputes concerning your domain name; or
   5. In response to an order from a court or arbitration award.
10. Disputes: If you have a complaint about your domain name or anyone else complains about your use of your domain name you must notify us immediately. You must provide us with reasonable assistance in the resolution of such complaint (at your cost if any) and comply with all our reasonable directions.
     

Other terms for domain names

11. Other terms: You agree to be bound by the terms, policies and orders (if applicable) of any regulatory authority or industry body that regulates the registration and use of your domain name (for example in New Zealand everyone acquiring or holding a '.nz' domain name is required to comply with the .nz policies of the Domain Name Commission).
12. Export laws: Individuals, organisations, and businesses located in countries subject to United States embargoes, as well as any person listed on the U.S. Treasury Department's list of Specially Designated Nationals, or listed on U.S. Commerce Department's Table of Denial Order or Entities List may not purchase the Domain Name Service from us. By submitting your application to us, you acknowledge that you are not such a person, organisation or business.

Business Mail
  

13. Business Mail plans: You can select either our Essentials or Premium plan. Business Mail is charged per number of mailboxes and by plan type. Read about our plan options
14. Mailbox limits: You can have up to 50 mailboxes associated with one domain name. The mailboxes can be a mix of our Essential and Premium plans. Each mailbox can only have one type of plan against it. Please contact us on 0800 110 062 if your business requires more than 50 mailboxes per domain name. We may contact you if you exceed our 50 mailbox limit.
15. Other limits: There are limits to the number of aliases, domain names, attachments, forwarding addresses and messages that can exist in mailboxes. Find out more

16. Making changes or disconnecting: Changes or disconnection of your Business Mail can be made online or by calling us on 0800 110 062. Changing or ending your service usually takes around 1 day to complete.

17. Basic Plan: Our Basic Plan was available for SME customers prior to 17 August 2015.

18. Data retention: Email and data storage has limitations and we may need to set caps on how much data is received, for how long and how frequently that can be accessed, which you agree to. We will act reasonably when making decisions around this. We aren't liable for data that is deleted in connection with this.
     

Business Assistant and Business Receptionist

19. Who's eligible: You can get Business Assistant if you have an eligible mobile plan. Business Receptionist can be purchased without any other Spark products.
20. Business Assistant plan options: You can select our Business Assistant Basic, Business Assistant Lite or Business Assistant Plus options. Find out more about the different options
21. Business Receptionist plan options: You can select our Business Receptionist Lite or Business Receptionist Plus options. Find out more about the different options
22. Monthly allowances and extra charges: If we answer a call and the caller does not leave a message, the call still counts towards monthly plan allowances. If you exceed your monthly allowances, extra charges apply. Read more about our extra charges

Shared Web Hosting

23. Eligibility: You must have domain name hosting with us in order to receive Shared Web Hosting from us.
24. Plans: You can choose from our Basic, Essential and Premium options. Find out more about the different options
25. Limits and charges: The plan you select outlines the bandwidth provided. We may monitor usage and if those limits are exceeded, extra charges apply. Read more about extra charges
26. Spam controls: To help control spam, you agree that we may use certain technology to block inbound / outbound emails which we consider are spam, will not accept connections from unsecure systems (including open relays, proxies and routers) and may not accept connections from dynamically assigned or residential internet protocol addresses or those with no reverse domain name records.
27. Websites: It is possible to create your own website. You are responsible for the material that you or anyone else puts on your website which must not be unlawful. You agree to keep us protected against legal action taken against us in relation to your use of the hosting service including any websites. You are also responsible for the backup of your software and data (including website content).
28. Export laws: Individuals, organisations, and businesses located in countries subject to United States embargoes, as well as any person listed on the U.S. Treasury Department's list of Specially Designated Nationals, or listed on U.S. Commerce Department's Table of Denial Order or Entities List may not purchase the Domain Name Service from us. By submitting your application to us, you acknowledge that you are not such a person, organisation or business.

eTXT

29. Who's eligible: To sign up to eTXT, you must have a Spark mobile plan and be a SME customer. We reserve the right to decline an application for any eTXT account or request additional information on the way in which you wish to use the service.
30. Who eTXT can be sent by: We may allow the admin user to designate additional user accounts to use your eTXT account and you may provide and assign access numbers and passwords for each eTXT user. Log in credentials must not be shared amongst users. You are responsible for the confidentiality and use of your access number(s), password(s), and account number. The platform offers 2-FA or SSO functionality which your administrator(s) can elect to enforce. You are responsible for all activity on your account, including any messages sent using your Account whether you placed them or not.
31. Who eTXT can be sent to: eTXT can only be used to send messages to your officers, employees, contractors or agents, and anyone else who has agreed to receive messages from you.
32. Charges: Each 160 standard character segment (excluding Unicode characters) is charged as an eTXT. However, if your message consists of Unicode Characters, the message length will be reduced and the number of characters that consistute one message (fragment) will be determined by your use of the Unicode Characters. The previous in the portal will display the number of messages (character count) that you will be charged for. You will be charged for eTXTs sent to invalid numbers.
33. Disclaimers: You agree and acknowledge that eTXT messages may be transmitted unencrypted and that access by unauthorised third parties is possible. We are not responsible in any way for any such unauthorised access.
34. Suspension and Termination of eTXT: We may terminate or suspend your eTXT service if we receive any complaint from any person regarding unsolicited messages sent by you using eTXT, and for the reasons we set out in our General Terms.

Voice Fraud Protection

35. Who's eligible: SME customers who have a Spark business landline service and have Standard POTS, Centrex, ISDN Basic Rate, ISDN Primary Rate and Voice Connect Services.
36. What you get: Voice Fraud Protection service on a line means that a customer won’t have to pay Spark for any charges resulting from fraudulent use of that line, that are incurred before the fraudulent use is blocked by Spark if, acting in good faith, we consider the usage and/or charges on your Voice Fraud Protected phone line are a result of fraud. For non-Fraud Protection customers, subject to our Business General Terms, all charges incurred on a line before fraudulent use is blocked remain the customer’s responsibility.
37. Notification: We will notify you when your Voice Fraud Protection service has been applied to a phone line because fraud has occurred and this will be reflected on your monthly bill.
38. Customer responsibility: You need to tell us as soon as you think you've been impacted by fraudulent activity. Where you have been notified of fraud on your lines, to which the Fraud Protection service has been applied, it is your responsibility to take necessary steps to prevent a reoccurrence of the same incident.

     

4. Definitions

Here's what the words in bold mean.

Additional Business Service Terms are the terms you're reading right now. These apply to everyone receiving the services identified in these terms.

Business Assistant is a message only service that is linked to the voicemail of a single Spark mobile number. It answers all calls in your name, 24 hours a day and 7 days a week asking for the caller's name, message and phone number. Messages are delivered to the nominated mobile number or an email address specified by you.

Business Receptionist is a service where we answer all calls made to numbers specified in your name, 24 hours a day and 7 days a week. You can also tailor Business Receptionist to include things like delivering messages via SMS or email, redirecting calls, setting up scheduled messaging or collecting information for enquiries, orders and booking.

Business Terms are all the agreements that apply to you, including the General Terms, your Technology Terms (if any) and your Product and Plan Terms (if any).

Domain name means a unique internet address for your online services, such as a website and/or email address.

eTXT means the eTXTTM application, which enables you to send messages to single and/or multiple recipients from a PC or your Spark mobile phone.

General Terms are the terms that apply to SME customers receiving Spark services. They cover key things every SME customer should know about. 

Plan and Product Terms are the particular terms and conditions relating to our products and services. The terms you’re reading now are Plan and Product Terms.

Products means any goods that we provide including any hardware, software or equipment we provide to you, including as part of the services.

Services means any service we provide and include any goods (including software) or equipment we provide to you including as part of the services.

SME customer means any customer of ours who is a SME (small and medium enterprise) customer, who has not signed a separate written agreement with us or as otherwise designated by us from time to time.

Spark, our, we or us aren’t bold throughout this document, but when you see them they refer to Spark New Zealand Trading Limited or any related company or approved agents of Spark New Zealand Trading Limited.

Technology Terms are the Fixed Line Terms and the Mobile and Wireless Terms. If your service runs over fixed lines like copper or fibre, the Fixed Line Terms will apply to you. If your service uses our mobile network, the Mobile and Wireless Terms will apply to you.

You or your aren’t bold throughout this document, but when you see them they refer to anyone who receives our services or has set up an account with us. This includes you, your officers, your employees, contractors, agents or any other of your representatives or persons you allow to access our services.