Business Mobile and Wireless Terms

This section covers things that anyone on a wireless service should know.

Getting started on a wireless service

1. SIM card: Your device will need a SIM card to connect it to our mobile network. Even when you’re using it, the SIM card is Spark’s property. It must not be used in unauthorised devices, on other telecommunications networks and needs to be returned to us in good condition if we ask and if our request is reasonable. 
   
   Using a wireless service
   
2. Data and minutes: Unless you have rollover data or rollover minutes, your data and minutes will expire on your renewal date each month. You can find your pack or plan renewal date in MySpark online, the Spark app or on your bill.
3. Data usage: Data usage is based on the amount of data transferred through your mobile or wireless broadband connection (both uploading and downloading) and can be expressed as megabytes or gigabytes.
4. Charges: When you buy a pack or plan you’ll be told the price, however, additional charges may also apply (like the cost of international calls). You can find out about these charges in your Plan Terms. Your charges will start from the moment you are connected to our mobile network. 
5. Equipment: If your mobile phone, wireless modem or SIM is lost, stolen or damaged, please contact us immediately so we can block it from our network. This will stop you being charged for any further activity on your SIM or device. Remember, it’s your responsibility to keep your SIM, mobile device or wireless modem secure.  
6. Coverage: Our wireless services are only available in certain mobile coverage areas. Speeds and coverage will vary and can be affected by traffic congestion, outages and where we work on our networks as well as interference from external factors such as the weather and radio.  Your coverage and speed can also be affected by how you, and your intended recipient, have set up your mobile devices.

This section covers things that only apply if you’re on a Wireless Broadband or Wireless Landline plan.

If you have neither, please go to
section 3.

1. Wireless modem: For wireless broadband and wireless landline services, you’ll need a Spark wireless modem which contains a SIM card which you can only use with our modem and need to use in line with 1.1 above. You may also supply the modem but it has to meet minimum modem specifications so you receive full benefit of our wireless services. We cannot promise that a non-Spark modem will be compatible with Spark's network or guarantee its performance, and we are not responsible if it does not work.
2. Availability of services: The wireless modem requires power, so wireless broadband and wireless landlines won’t work in a power cut (meaning if there’s a power cut, you won’t be able to make any phone calls). Wireless broadband does not use copper lines connections or phone jacks, so not all products and services that work on other connections will work on wireless connections. For example, some monitored alarms, faxes, interactive features for PABXs and SKY digital are incompatible with our wireless broadband and b. Before setting up your wireless broadband or wireless landline, you'll need to contact the provider of those products or services to arrange an alternative. It’s a good idea to have a charged mobile phone available for use in power cuts (including to ring emergency services) or a back-up power source. 
3.  Your landline number: If you have a wireless landline, 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 it. We’d only do this in unusual circumstances, e.g. where we are required by law, 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.
4. Where you can use it: You can only use your Spark wireless service at the place where you told us you’d be installing it, unless we tell you otherwise.  If you use it somewhere else, we may pause, end or restrict your service without notice. We retain this right so that we can manage the network and ensure that all customers using the network receive a reliable and consistent service. Please let us know if you’re moving and, if it’s within Spark’s wireless broadband coverage area, you may be able to continue to use the service. If not, we can confirm what other broadband options are available but we cannot guarantee that another broadband option will be available at your new location.   
5. Usage: If you often need more data than you’re meant to use with your plan, we may require you to move to another technology, reduce your data usage, move to another plan, or end your service. See your Plan Terms for details on usage too.
6. Our General Terms set out how you can change or end your services.  Please note that some charges may apply.

This section only applies if you’re on a mobile Pay Monthly plan. If you don’t have a mobile plan, you can skip this section.

Getting started on a mobile service

1. Your phone number: You can bring your mobile phone number with you from another provider or we can give you a new one.
   
   While you’re with Spark, your mobile phone number remains our property so you cannot sell or transfer it to anyone. It’s possible we may sometimes need to change your phone number. But only very rarely, in unusual circumstances, would we do that and we’d give you reasonable notice beforehand. If you ever disagree with the way we’ve allocated phone numbers our decision will be final, as long as it’s reasonable and we’ve acted in good faith.  If you transfer to another service and wish to keep your number, you will need to arrange porting your number with your new provider at your own cost unless we are obligated to by law.  If you do not, your number may be reallocated to someone else when you transfer. 
2. Security:  You agree to keep your mobile secure.  We recommend that you use things like a PIN, passwords and toll barring to help prevent unauthorised use.
3. Paying for your mobile device: You agree to pay the purchase price of any mobile device or other equipment that you purchase from us. You own the mobile device once delivered to you (and assume risk at that point).
4. Discounts and offers: Some plans may not be eligible for offers, subsidies, credits or discount.
   
   Using your mobile service
   
5. Your mobile devices: You can only use mobile phones and devices that we’ve advised are okay to use with our network. Your mobile devices also need to comply with all relevant legislation and regulations. If you’ve bought a mobile device from us or from one of our approved sellers, you can be sure it’s approved for use on our network. Please note, you mustn’t use your mobile in any way that changes the true origin of calls you make or other information you send. Hiding your number or using caller ID blocking is fine. Let us know if your mobile device is lost, stolen or damaged as you remain liable for charges in the interim.  You agree to let us remote access your mobile device to protect you, other customers or our network and services or if directed to do so by law. We will only do so if we think it is reasonably necessary.  
6. Your SIM card: You can’t connect one of our Spark SIM cards, or Spark-provisioned eSIM, to another telecommunications network, unless we’ve advised otherwise. You must keep your physical SIM card secure and let us know if it is lost, stolen or damaged. You must keep your eSIM QR code secure and let us know if it is compromised prior to installing on your device.
7.  Pay Monthly services: Pay Monthly services and each extra subscribed to are refreshed at the beginning of each billing period, subject to what your Plan Terms say.  Services may not be carried over from one month to another unless agreed otherwise. 
8. Charges for calls: The charges for calls made from your mobile phone are set out in your Pay Monthly plan or extras. Generally, there's a minimum one minute charge for each call. After the first minute, calls are charged by the minute unless otherwise stated. Spark standard rates for other services such as additional minutes, 0900, special numbers, picture messaging (MMS) and international calls apply. View Pay Monthly standard rates
9. Charges for voicemail: You will receive free voicemail on eligible business mobile plans (applies to calls to voicemail while in NZ only).
10. Prohibited usage: Machine to machine services, tethering, mobile hotspots (unless you buy a Hotspot extra or your plan permits it), bulk texting or any other similar activity that Spark considers to be non-standard usage is not allowed.
    
    Endless Data
    
11. Endless: Some of our plans and extras have Endless Data. This means that you'll have a certain amount of max speed data (for example, 40GB). This is your max speed data allowance. Once you've used all your max speed data allowance, you will have endless data for the rest of your pack or plan or extra duration, but your speeds will be reduced, which may impact your experience. You may experience some degradation (such as lower video resolution) when watching video, streaming or loading images.
12. Hotspots: Use of hotspots count towards your total data usage if you purchase an extra or use it as part of your plan. You can add one hotspot per mobile number each month under a plan or hotspot. Tethering and mobile hotspot use is otherwise prohibited.
13. Fair use: A fair use policy applies to endless data. This means you cannot use the service in a way that is overly excessive or unreasonable. This policy is based on how most people use the service and helps us make sure everyone using it gets to enjoy it. If you engage in overly excessive or unreasonable usage, we will contact you. If this usage continues, you will be given the choice to move to a new plan. 
14. Endless Mobile: Endless Mobile plans are for mobile devices only.  The SIM cannot be used with other devices included tablets, mobile broadband dongles, hotspots or modems.
    
    Unlimited minutes, SMS and data
    
15. Unlimited: Unlimited minutes, unlimited SMS and unlimited data are available when you join up on eligible plans or purchase some extras.
16. Fair use: A fair use policy applies to unlimited data. This means you cannot use the service in a way that is overly excessive or unreasonable. This policy is based on how most people use the service and helps us make sure everyone using it gets to enjoy it. If you engage in overly excessive or unreasonable usage, we will contact you. If this usage continues, you will be given the choice to move to a new plan. 
    
    Rollover minutes
    
17. Who’s eligible: Anyone with a rollover Pay Monthly plan with a set amount of NZ-only calling minutes can build up rollover minutes. NZ/AU minutes can’t roll over. Those on mobile plans that predate 11 September 2017, unlimited or endless plans with unlimited calling minutes or plans that are paid for as part of a corporate contract aren’t eligible unless their contract specifically states that they are. 
18. Expiry: When your rollover plan or pack renews, any unused NZ minutes from that plan or pack will be added to your rollover minutes balance, up to a total of 500 minutes. You then have up to 365 days to use those minutes. If you change to a new eligible rollover plan, your rollover minutes will carry over to your new plan or pack. You can keep using them while you’re on a rollover plan or pack, until they expire.
19. Using your rollover minutes: You can keep using your rollover minutes for as long as you’re on a rollover pack or plan, until the rollover minutes expire. If you move to an ineligible pack or plan, your rollover minutes will be frozen. While they’re frozen, the 365-day expiry period will keep running. To use your frozen rollover minutes again, before they expire, you’ll need to buy an eligible rollover pack or plan. When you do, you can also start collecting rollover minutes again.  You can't refund, redeem or exchange rollover minutes for anything else or transfer them to anyone else.
20. How many rollover minutes you can collect: You can’t have more than 500 rollover minutes at any time. Once you’ve reached 500, any new minutes that roll over will replace the oldest rollover minutes you already have. Rollover minutes are used in order of expiry, and minutes expiring soonest will always be used first.
    
21. Your minutes will be used in the following order:

(a) Any minutes included in your plan or extra, in order of expiry; and then

(b) Any rollover minutes you've collected.

Rollover data

22. Who’s eligible: Anyone with a rollover Pay Monthly plan can accumulate rollover data. Those on mobile plans that predate 11 September 2017, unlimited or endless plans or on plans that are paid for as part of a corporate contract are not eligible unless their contract specifically states that they are.
23.  Expiry: When your rollover plan or pack renews, any unused data from that plan or pack will be added to your rollover data balance, up to a total of 3.5GB. You then have up to 365 days to use that data. If you choose to change to a new eligible rollover plan, your rollover data balance will carry over to your new plan or pack where you can keep using it while you’re on a rollover plan or pack, until it expires.
24. Using your rollover data: You can keep using any rollover data you have for as long as you’re on a rollover pack or plan, until the rollover data expires. If you move to an ineligible pack or plan, your rollover data will be frozen (shared plan users will not be able to access accrued data either). While your data’s frozen, the 365-day expiry period will keep running. To use your frozen rollover data again, before it expires, you’ll need to buy a rollover pack or plan. When you do, you can also start collecting rollover data again.  You can't refund, redeem or exchange rollover data for anything else or transfer them to anyone else.
25. How much rollover data you can collect: You can’t have more than 3.5GB of rollover data at any time. Once you’ve reached 3.5GB, any new data that rolls over will replace the oldest rollover data you already have. Rollover data is used in order of expiry, and data quantities expiring soonest will always be used first
    
    Order of data usage
    
26. Your data balances will be used in the following order:

(a) Any data included in your Pay Monthly plan or extra, in order of expiry; and then

(b) Any rollover data you've collected. If you're on a shared plan, your rollover data will be shared by the other users of the shared plan, in order of expiry.

27.  Eligible devices: Spark’s data only plans are for use in tablets, laptops and portable hotspot modems. They cannot be used in any other device, including mobile phones.
28. Plan requirements: Some of our data only plans require you to have an eligible Pay Monthly plan. If that’s the case, and you remove your Pay Monthly plan, we will be in touch to discuss plan requirements and may end your data only service.  
    
    Shared plans 
    
29.  Who’s eligible: Shared plans let you share a Pay Monthly plan with tablets or other mobiles that are billed to the same customer account. Not all Pay Monthly plans are shareable and there are limits to the number of tablets or mobiles you can share an eligible plan with. Adding a tablet or mobile to a shareable plan will incur additional costs. There are limits to how many people you can add to a shared plan. Learn more about shared plans
30. You need to nominate a primary mobile: You need to nominate one mobile number that’s billed to your account as the primary mobile of the shared plan. If the primary mobile is disconnected for any reason, you will need to nominate a new primary mobile number. If you don’t, we’ll nominate one instead.
31. Shared plan data controls: You can set or remove a limit on how much data each mobile or tablet receives from the shared plan each month. You are responsible for monitoring usage. When those using the plan reach their set limit, they’ll get a notification. You can view shared plan data usage for each mobile or tablet in MySpark online or the Spark app.
32.  Extra data and unused data: Extra data is automatically added if all shared data has been used.  Extra charges apply. You can set "smart caps" to set limits on automatic extra data. Any extra data that hasn't been used in a month is available the next month (though base data that is included in the standard allocation does not roll over). You can set caps at MySpark online, the Spark app or MySpark Business (previously My Spark Digital) portal.  
33.  Charges: You are responsible for all charges associated with the shared plan. The monthly cost of the shared plan will be charged against the primary mobile. And each mobile that the plan is shared with will be charged a monthly fee to use the shared plan. All this is set out in the pricing information for shared plans on our website. Mobiles sharing a plan must all be on the same account number and will have the same billing cycle.
34. Exclusions: Business Endless Mobile plans are not eligible for sharing plans. Learn more about Business Endless Mobile plans hereUsing International roaming
    
35.  Roaming allows you to call, text and use mobile data in countries that are included within Spark's roaming partner alliance.
36.  Roaming relies on overseas telecommunications networks, which Spark doesn’t own or control. This means we can’t guarantee that your roaming services will always be of the same standard you’d experience here in New Zealand. Not all services will be available while you’re roaming. If you try to connect to a network that isn’t supported by the Spark roaming partner alliance, you’ll get a notification from the network operator and their terms and conditions may apply.
37.  Roaming charges: Sometimes, we may need to change the structure and pricing of our roaming zones. When this happens, we’ll try to give you at least 10 days’ notice by posting the changes on our website. Roaming charges are in addition to any other charges which apply to your mobile pack or plan and are charged in 10KB increments. The charges for roaming will be set by Spark and the overseas operator. Learn more about roaming and rates
38.  It can take up to eight weeks for us to bill you for roaming services. Any delay in billing doesn’t change Spark’s right to charge you for your roaming, so you’ll still need to pay all charges in full when they’re due.
    
    Extras
    
39. Charges: A charge is applied as soon as an extra is purchased.
40. Expiry, one-offs and auto-renewals: Extras expire when used up or at the expiry date noted in Plan Terms (whichever is earlier). We will let you know about expiry dates unless you turn off your alerts. Some extras are one-offs and expire. Others can be set-up to recur automatically in the Spark app or MySpark online.   
    
    Team Up
    
41. Team Up:  We also have the Team Up discount programme. View separate terms and conditions that apply to Team Up
    
    Changing or ending your mobile service
    
42.  Our General Terms set out how you can change or end your services.  Please note that some charges may apply.  Further information is set out below.
43. Changing your service: Different services and plans have different requirements and fees for changing or ending your service.  Please check your specific service or plan so that you know what these are. If you change from a Pay Monthly to a Prepaid service, you will need to end the Pay Monthly plan and pay any early termination or disconnection fees.
44. Pay Monthly services: If you’re on a Pay Monthly plan, you can end your plan by giving us 30 days' notice. If you’re on a Pay Monthly plan with a fixed term contract, check our General Terms for charges that may apply.  
45. Porting your number: You can take your number with you to another mobile service provider. To do this you’ll need to tell the other service provider, take any other necessary steps and pay any costs. We’ll pay any costs we are legally obliged to. If your number isn’t ported over to the other service provider before your plan with us ends, it won’t be available for you to take with you.
46.  Information on your SIM: If you end your mobile service with us, any names, numbers or other information stored on your SIM card may be lost.

Here’s what the words in bold mean. 

Broadband means your home internet. It includes wireless home internet. Wireless broadband means home internet that uses our mobile network, which is not ADSL, 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).

Endless Data means that you'll have a certain amount of max speed data for New Zealand (for example, 40GB). This is your max speed data allowance. As we’ve set out above, a fair use policy applies to your use of Endless Data.

eSIM means an embedded SIM card that's built into your mobile phone, tablet or smartwatch.

Extras are a set amount of text, data or call minutes that you can buy alongside your pack or plan and use for a set time. You can buy an extra as a one-off that expires automatically, or you can pay for it to automatically renew.

Fixed line services are broadband or landline services we provide to you or arrange for you over copper and Fibre networks. They’re covered by our Fixed Line Terms.

Fixed term contract means the contract you have when you agree to buy services for a minimum length of time, such as 12 or 24 months.

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

Landline means a wireless home phone connection. Sometimes we say wireless landline, which means a home phone connection over our mobile network.

Max speed data means mobile data that is delivered at the maximum available speed on our network.

Mobile and Wireless Terms are the terms you’re reading now. These apply to SME customers receiving a Spark wireless service.

MySpark online means the platform on the Spark website where you can manage your account and preferences.

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.

Pay Monthly or Pay Monthly plan means the pricing you’ve agreed to Pay Monthly in return for services. If you’re on a Pay Monthly plan it means we’ll charge you after you’ve received the service, by way of a bill which needs to be paid by its due date. Packs are charged differently – see the definition for Prepaid below.

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

Plan Terms are the particular terms and conditions relating to your wireless services plan (if any). However there’s no plan terms for Prepaid or most of our Pay Monthly plans. If that’s the case you just need to read these Mobile and Wireless Terms, the General Terms and the details of your plan, pack or extra available when you purchase them.

Port or porting means the process of transferring your mobile phone number from one mobile service provider to another mobile service provider.

Prepaid or Prepaid pack means a mobile service that you pay for before using. Products means any goods that we provide including any hardware, software or equipment we provide to you, including as part of the services.

Roaming means a mobile service that lets you use your mobile phone in countries other than New Zealand. You can buy roaming services using Prepaid or Pay Monthly accounts.

Rollover data is data included in your rollover Prepaid pack or rollover Pay Monthly plan, that you haven’t used by the end of your pack or plan cycle.

Rollover minutes are NZ-only minutes included in your rollover Prepaid pack or rollover Pay Monthly plan, that you haven’t used by the end of your pack or plan cycle.

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

Shared plan means an eligible Pay Monthly plan that can be shared between multiple tablets or mobiles on the same customer account.

SIM means any Spark SIM card that lets you access our wireless 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.

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

Spark app means Spark's mobile application, where you can manage your account.

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 (unless provided otherwise).

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. 

Wireless services are any services we provide or arrange for you. This includes mobile, wireless broadband and wireless landline services.

Unlimited minutes means unlimited calls to standard person to person New Zealand and Australia numbers but doesn't include premium, special or 0900 numbers, picture messaging, non-data video calling or prohibited usage as set out at 3.10.

Unlimited SMS means unlimited SMS to standard person to person New Zealand and Australia numbers but doesn't include premium, special or 0900 numbers, picture messaging, non-data video calling or prohibited usage as set out at 3.10.

Unlimited data means unlimited data for use within New Zealand, including to browse and stream.   As we’ve set out above, a fair use policy applies to your use of Unlimited data.

You or your aren’t bold throughout this document, but when you see them they refer to anyone who receives Spark wireless services.