Business Fixed Terms

1. All fixed line services

This section covers the areas that everyone on a fixed line service should know about. 

Getting started on a fixed line service

1. Cost: We’ll tell you about any connection and installation charges before you agree to use the services.  Find out about charges here
2. We will not charge you if we are unable to install the services at your premises.
3. If you decide to cancel your order after we’ve accepted the order and we’ve provided you an installation date, we may charge you a cancellation fee including if design, build or physical work has begun.  This will not apply in the case of a non-standard installation where you do not agree to any additional work or costs.
   
4. If you need an installation, we’ll start charging you for your service once it’s been activated. If you’re already connected to our networks, you’ll start being charged from the date we transition you from your existing provider or plan. 
   
   Using your fixed line service
5. Inside your premises:  You’re responsible for any telephone jack points and wiring inside your premises (including fixing them if you need to). We aren’t responsible if the jack points and wiring inside your premises interfere with your services.
   
6. Outside your premises: We'll take all reasonable steps to fix faults impairing the services on our networks outside your premises.  To report a fault, call us. If it is found that there is no fault, or the fault was caused or contributed to by you or your equipment, we may charge you a fee.  We'll tell you about these charges before you incur them.
   
7. Access: In order to protect you or our other customers, or to maintain, alter or protect the integrity or performance of our network or services, we, or our service partners, may at times require access to your premises, access to the equipment on your premises, or remote access to your equipment.  Where possible, we will always try to contact you before we do this.  We may end the services if you fail to allow access to your premises or your equipment.
   
8. Moving premises: To move your broadband or landline when you move premises, we have information to help you but it is a good idea to give us enough notice and you may have to pay a connection, wiring and/or installation. You can find out more by getting in touch with your local Business Hub. 
   
   Changing or ending your fixed line service
9. Our General Terms set out how to cancel your services.
   
10. You can change your plan for the same services once per billing cycle so long as it is available in your area and you remain on your same contract and incur no fees or charges for making this change (for example, upgrading or downgrading to a new plan, but remaining on a fixed line service and within the same fixed term or open term contract). If you move from a fixed term plan to an open term plan (and you haven’t completed your fixed term contract) you will be charged an early termination fee.
    
11. It can take up to two working days to move you to a new plan. If you do change plans, you will also see some 'part-monthly' charges on your next bill. These will be a part-monthly credit for the plan you cancelled, and a part-monthly charge for the plan you moved to.
    
12. Clause 1.11 doesn’t apply if you change broadband technologies (for example, if you want to move from ADSL to Fibre). Early termination fees, notice period fees (if you have not completed your fixed term contract) and installation fees may apply in this case. 

2. Broadband services

This section covers things that apply
if you have broadband.

If you only have a landline service
with us, jump ahead to section 3.

Getting started on broadband

1. Availability and reliability:  Broadband isn’t available everywhere and, occasionally, factors such as the distance of our equipment from your premises or your systems mean we can’t deliver broadband to you even if you’re in an area where it’s available. Also, if your services are disconnected for any reason (for example, if you don’t pay your bills), you might not be able to connect back to the type of broadband you had before, particularly if there are capacity issues in your area.
2. Required equipment: You will need a modem to use our broadband services, which may be supplied by us as part of your connection or can be purchased from us or elsewhere. The modem is your property and we’re not responsible for it, unless we tell you otherwise. You may require a new modem if you change access technologies (for example, changing between ADSL, VDSL or Fibre).
3. You can usually set-up and configure your modem yourself, but you may request a technician to do this for you. There will be an additional charge for this service but you will be advised of this charge before you incur it.
4. The modem requires mains power. In the event of a power failure, your broadband service won’t be available. If your access type is Fibre and you have a landline, this will also be unavailable, including access to emergency services. Please treat the modem with care and avoid adding or making changes to it, or using it with things we have not authorised, as we may choose not to repair or replace the modem for you where you do things like this.
5. Minimum system requirements: Broadband can only be used on a device that meets certain minimum system requirements and your device can impact the broadband speeds you experience.
6. Temporary landline outage during installation: When setting up your broadband there may be a temporary outage of your landline. Normal service should occur within a few hours.
7. ADSL or VDSL connection: You’ll need a standard broadband connection and in some cases you’ll need to get broadband wiring. If you’re using five or more jack points at your premises, have a monitored alarm or star wiring, a technician may need to visit your premises to install wiring. There will be an additional charge for this service. We’ll give you an indication of this charge before you incur it, but the final charge will be reasonably based on the work that is actually performed for your installation. You can choose to arrange your own wiring installation if you prefer but we cannot promise that it will be compatible with Spark's network and we are not responsible for wiring arranged by a third party. If you are unsure, please talk to us.
8. Fibre connection: In addition to the terms you’ve agreed with us for use of your services, you agree to be bound by your LFC's terms and conditions which relate to the provision (including installation) and use of the LFC's network. You’ll need to find and read these terms yourself. We will advise you who your LFC is when you order Fibre services. 
9. If you’re not already connected to the Fibre network, you’ll need to arrange a time for an LFC technician to visit your premises. The technician will determine how the Fibre will be connected from the street to your premises and whether it will be a standard installation or a non-standard installation. Different charges apply for a standard installation and a non-standard installation for a Fibre connection. 
   Using broadband services
10. Data usage: Any monthly broadband allowance you don’t use won’t be carried over into the next month or refunded (uploads and downloads are included in data usage). 
11. Speeds: Broadband speeds may vary due to factors controlled by you such as your equipment's capability, your premises’ connection, wiring and internal WiFi, interference from electrical devices, the location and quality of the websites you choose to view, software you may have downloaded (malicious or otherwise) and the number of users at your premises. The day-to-day performance will also be affected by our network or the network of third parties that we use to provide the service to you.
12. Disclaimer: As there are a number of factors that influence our quality of service, we do not guarantee connection speed bandwidth, latency (delay) or bit rate through our broadband network at any one point in time or offer any service levels. We cannot guarantee how quickly we can resolve problems with the network.

3. Landline services

This section covers a couple of things that apply if you have a landline service with us.

1. Phone number: We’ll give you a landline number or you may be able to bring your landline number with you from another provider. This is called porting. The number is not owned by you and it’s possible we may need to change your phone number. We would only do this in unusual circumstances, for example where we are required by law or contracts with third parties or for reasons outside our control. If we need to change your number, we’ll give you reasonable notice before doing so. If you ever disagree with the way we’ve allocated phone numbers, we’ll act reasonably and in good faith to make a final decision.
2. Directory listing: If you ask us to, we’ll arrange for you to be listed in any New Zealand telephone book or similar public directory. Find out how to manage your directory listings

4. Definitions

Here's what the words in bold mean.

Broadband in these terms means internet provided over the fixed line network via copper ADSL, copper VDSL, or Fibre.

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

Early termination fee is the fee we may charge if you’re on a fixed term contract and you cancel your service, downgrade your plan, or your service is ended part way through your term.

Fixed line network or network (including references to our networks) means the copper and Fibre communication facilities owned by us and other parties who we work with. An example of this is Chorus. These networks are used to provide you with fixed line services.

Fixed line services or services means any fixed line services we provide to you or arrange for you to be provided over the fixed line network, including broadband and landline services.

Fixed Line Terms are the terms you’re reading right now. These apply to SME customers receiving a Spark fixed line service.

Fixed term contract means when you purchase services from us that have a minimum contract length, such as 12 or 24 months.

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

Landline means a Fibre or copper phone connection.

LFC means the local Fibre companies that have been engaged by the government to build, deploy, and maintain the Fibre network across New Zealand.

Networks and our networks refers to the communications infrastructure owned by us and others we work with, like Chorus.  This infrastructure is used to provide you with services and includes our fixed line network and our wireless network.

Non-standard installation means a Fibre installation where your premises are more than 200m from the Fibre access point on the street; and/or if your Fibre enabled modem is installed at a separate location to the optical network and additional wiring is required (or if you want special wiring installed).

Notice period fee means a fee we may charge if you want to end your service straight away. This fee is for the price of the service for another 30 days and is calculated as a daily rate, based on the month in which service is disconnected. This will be applied for 30 days or the remainder balance of the 30 day notice period.

Plan means the pricing plan under which you have agreed to receive services.

Plan Terms means the terms and conditions relating to any plan. 

Premises means any location that we connect a service to for you.

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

Service partners means third parties (such as LFCs) providing network maintenance services in relation to our networks.  

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

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

Software means all system software, application software, software tools and software utilities which are provided to you.

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.

Standard installation means a Fibre installation connecting the Fibre cable from the street (up to 200m) through your premises, the external termination point, the optical network and the Fibre enabled modem.

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 any commercial customer that receives Spark fixed line services.