Service overview
1. Cloud Managed Network – Meraki provides monitoring, alerting, reporting and management of a customer’s Wide Area Network and on-premises network equipment using Meraki cloud-based network management. Customers are provided an actively managed service for a range of Spark supplied Cisco Meraki devices. The service can be provided at one or multiple customer sites with multiple network connections able to be supported at the same site. Detailed features of the service can be found at www.spark.co.nz/cloudmanagednetwork
Spark will supply and provide support for a range of devices including SD-WAN devices, LAN Switches, security cameras and WiFi access points. The devices will remain the property of Spark during the term. The range and type of devices will change over time as the Service evolves and as current devices are superseded by newer models. A full list of the currently available devices can be supplied upon request.
For an additional cost, the following add-ons are available for the service:
a) Advanced Security can be chosen as an option for the SD-WAN device. This provides:
Advanced Security must be applied to all SD-WAN devices in your network and cannot be applied on per device basis.
b) 24/7 Support SLA can be added as an option, providing an extension of the agreed standard service hours and a 6-hour hardware swap-out.
The 24/7 SLA add-on is available for sites within 40km travel distance of Spark Service Centre locations in Whangarei, Auckland, Hamilton, Mt Maunganui/Tauranga, Rotorua, New Plymouth, Napier, Palmerston North, Wellington, Nelson, Greymouth, Christchurch, Queenstown, Timaru, Dunedin and Invercargill. The 24/7 SLA add on must be applied to all devices of a common type at a site. 24/7 SLA add on is not available for WiFi access points or security cameras.
2. 4G capable SD-WAN devices allow for Wireless Internet Access or Wireless Failover. Data comes included in the cost of the device where Wireless Failover is selected. Wireless Internet Access can be selected as the primary internet access where 4G coverage is sufficient. Wireless Internet Access has a monthly fee in addition to the cost of the 4G capable device and data is uncapped with a fair use policy (as detailed in section 36).
3. For Wireless Failover, a Spark SIM card will be put into the device and it will failover to mobile connectivity if fixed line connectivity fails. Once fixed line connectivity is restored, the service will failback to the fixed line connection. You need to take reasonable steps to restore the fixed line connectivity and you must use Wireless Failover consistently with the way you use your fixed line connectivity. Should the device need to operate in a failover state for an extended period of time, then Spark may substitute an alternate connectivity solution. For Wireless Internet Access, a Spark SIM card will be put into the device and it will provide internet access via the mobile network using the failover mode of the device. Wireless Internet Access is a data-only add-on – it does not support voice calling. For both Wireless Internet Access and Wireless Failover, the SIM cannot be used in a device other than the Cloud Managed Network router. The device and SIM cannot be used in a different location other than the installed location and you cannot move the device to another location without Spark’s permission. The site must have sufficient Spark 4G coverage and capacity.
4. Changes to your services may be agreed by the Move, Add and Change process outlined in the Cloud Managed Network – Meraki service guide or by written contract variation agreed between the parties. Subject to any other variation process that the parties have agreed in writing, you may request changes to the Services as set out below.
You may request a Move, Add and Change to our services by phone or email. If we accept your request, we will provide confirmation by email with details of any applicable costs. If you do not wish to proceed you must advise us within 24 hours of the confirmation being sent. Where other information comes to hand e.g. as a result of a site visit, we may revise any pricing provided with the confirmation. Any revised pricing will apply only if you have confirmed your acceptance of it.
5. The charges you’ll need to pay for Cloud Managed Network are dependent on the device(s) you’ve chosen and these are detailed in your contract. In addition to the monthly charge for the service, one-off charges may also apply for installation, site audit and network design.
If you have chosen the Wireless Internet Access add-on and we determine that coverage at your site is fair or poor, an external antenna will be required. You are responsible for ensuring you have the property owner's permission for antenna installation. Once installed, the antenna becomes your property and it is your responsibility to relocate the antenna if, for example, you move address or the antenna needs to be repositioned due to mobile network changes (e.g. new cell tower deployments).
6. Move, Add and Change fees apply, as detailed below:
Definitions:
You can contact us at any time to discuss a plan or technology that works better for you.
a) You do not own the Spark Property. Unless otherwise agreed in writing between us, we or our suppliers will retain all legal and beneficial ownership of all Spark Property. You must not sell, assign, transfer or otherwise dispose of (whether by way of security or otherwise) or otherwise part with possession or control of the Spark Property. Until the Spark Property is returned to us, you will only ever be a Bailee of the Spark Property and you will do everything necessary to protect our rights in the Spark Property, including making it clear to others that we (and not you) own the Spark Property.
b) Unless we agree in writing, you must not:
1. allow the Spark Property to become subject to any security, encumbrance or lien of any kind;
2. allow the Spark Property to be used or installed in a way that results in it becoming a fixture or an accession to other goods; or
3. alter, add to or modify the Spark Property (including in respect of any identifying markings).
You agree that we may, at your cost, use your name and act on your behalf, in exercising any rights or taking any proceeding we think are reasonable or necessary to protect our rights in the Spark Property and you irrevocably authorise us (and representatives authorised by us) to do so.
You do not have any right to acquire ownership of any Spark Property.
c) We have the right, at our sole discretion, to replace any one or more items of Spark Property with one or more items (“Replacement Property”) of an equivalent standard or functionality and the Replacement Property will become part of the Spark Property.
d) When the Spark Property is returned upon the expiry of the Initial Term or any extension to the Initial Term or the termination of this Service Schedule (as applicable), the Spark Property must be in good working order and undamaged condition (reasonable wear and tear excepted). You must ensure, at your cost, that all data not included on, or forming part of the Spark Property on the date you signed the Service Schedule, is removed from the Spark Property before its return. If you fail to return the Spark Property in the condition required by this clause, you must pay our costs in making good that failure.
Application of Personal Property Securities Act (PPSA)
e) You acknowledge that the supply of Spark Property under the Cloud Managed Network contract creates a security interest (as defined in the Personal Property Securities Act 1999) in that Spark Property in favour of us. You must do everything within your reasonable control to ensure that our security interest in the Spark Property has priority over all other security interests in that Spark Property.
f) Perfecting our security interest
g) If we ask you to, you must do anything reasonably required to perfect our security interest in the Spark Property in accordance with the PPSA, including providing details (which details you warrant will be complete, accurate and up-to-date in all respects when you provide them) about you and the Spark Property.
h) You waive your right to be given a copy of any verification statement in relation to any financing statement or financing change statement we may register.
Care of property
i) You agree to look after all Spark Property. You will not be liable for wear and tear or damage caused by us or anyone acting on our behalf. This requires you to, without limitation:
1. protect them from power fluctuations, radio or electrical interference or abnormal environmental conditions, theft and any other risks of loss or damage;
2. not alter, repair or recalibrate them;
3. let us know immediately if they are lost, stolen or damaged;
4. agree with us where to install them; and
5. not move them without first obtaining our permission, which we will not unreasonably withhold.
In addition, you must pay for any repair or replacement of the Spark Property or any part thereof which becomes lost, stolen, destroyed, seized or confiscated or if they are damaged while located on your premises.