Last updated: 29 September 2023.
Our Business Terms apply to all SME customers who receive any products and services from us for business purposes. They also apply to any use of our products and services by your staff or anyone else you have authorised. If you want to use our products and services for residential or other non-business purposes, our Personal Terms will apply instead.
There are three major parts to our Business Terms.
The first part is our General Terms below. They apply regardless of the type of product or service we’re supplying to you and cover key things that all SME customers should know about.
The second part is our Technology Terms, which apply if you receive broadband, landline or mobile services from us. There are two types of Technology Terms:
The third part is our Plan and Product Terms, which tell you exactly what to expect when it comes to the specific product or service you’ve chosen.
Some products and services will be covered by three sets of terms, some will be covered by less. We will do our best to make it clear on our website what terms apply to you.
When you sign up for, and use, Spark products and services, each of us agree to these General Terms, along with the Technology Terms and Plan and Product Terms that apply to the product or service you’ve chosen. We refer to all of these Terms as our Business Terms. If anyone in your business will be using our products and services, please ensure they have also read and understood the Business Terms.
When you see words in bold, these terms have specific meanings that are set out at the end of this document. And if you have any questions about our Business Terms, you can call us on 126 or contact your local Spark Business Hub.
1. Using our services.
When you use our services, there are some things we’ll commit to doing and some we can’t take responsibility for.
2. Your responsibilities.
When you use our products and services, there are some things you commit to doing.
3. Billing and support.
This section tells you what to expect when it comes to your bills, how we’ll get in touch with you and how you can find support.
(a) charge you a late payment fee or interest on the unpaid amount from that date until you pay it. You can find out more about these fees: https://www.spark.co.nz/help/account/bill/account-fees/
(b) restrict or suspend the service or stop providing it to you. If your service is restricted, suspended or ended, we may charge you a reconnection fee. We explain this in 6.7 below; and
(c) pass your debt to a debt collection agency if we disconnect you. We or the debt collection agency may charge you what it costs to get help recovering the money you haven’t paid. For example, this cost may include legal fees.
4. Changes to your services by you or us.
Sometimes, we may decide to change our products, services, technology, prices or our Business Terms.
And you may sometimes decide to change your services or technology. This section tells you how that works.
This section talks about our liability to each other.
(a) if we need to suspend our services (e.g., for maintenance) or temporarily disconnect wiring or other equipment at your premises to restore or provide services to you;
(b) for any loss that is caused by an event that we don’t reasonably control, including a Force Majeure Event or, for example, a shortage of suitable labour or materials or a loss caused by any third party network provider;
(c) for any obligations we are unable to fulfil as a result of a Force Majeure Event; or
(d) for any indirect or consequential loss, or for any loss of profits, revenue, data, business, goodwill or savings.
(a) the total cost of services purchased by you in the 12 months before the claim arises if you have used our services for 12 months of more; or
(b) the average cost you paid for services for the months you have been with us, multiplied by 12, if you have used our services for less than 12 months before making a claim.
6. You or us ending your service
This section tells you when and how we can each end your service. It also covers what will happen if we need to pause or restrict your service.
If you end your service
(a) If you breach the Business Terms;
(b) if our networks aren’t available, need to be reconfigured, are congested or we need to work on them;
(c) if we reasonably believe it’s necessary for operational or security reasons;
(d) if we reasonably believe it’s necessary for us to protect our networks or manage traffic over our networks, including where the usage of our services is excessive or where we need to prioritise certain types of traffic over other traffic at times of congestion;
(e) if we reasonably believe you or someone using your service is doing so in a way that risks us breaching our arrangements and agreements with others, or our legal obligations;
(f) if there’s a risk someone could be harmed;
(g) in other circumstances we’ve mentioned in the Business Terms;
(h) if you harass, abuse or threaten our staff, contractors, customers or members of the public in connection with, or while you are using, our services;
(i) if you become insolvent;
(j) if any Force Majeure Event occurs; or
(k) in any other circumstances where it would be reasonable to do so.
7. Resolving disagreements.
This section tells you what can happen if you have a dispute with us.
8. Other important things.
This section has a few more important things you need to know, like when our Business Terms apply and which terms take priority over other terms.
Here’s what the words in bold mean.
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 or your service is ended part way through your term.
Fixed line means any fixed line services we provide or arrange for you. This includes copper broadband, Fibre broadband and fixed line telephone services.
Fixed term contract means the contract you have when you agree to purchase services for a minimum length of time, such as 12 or 24 months.
Force Majeure Event means any event or circumstances beyond our reasonable control, including any act of God, fire, flood, storm, earthquake or any natural disaster, any act of a public enemy, terrorism, sabotage, embargo, malicious damage, riot or war, any Government intervention and any defect in or failure of any third party network or infrastructure, but does not include lack of funds for any reason.
General Terms are the terms you’re reading right now. These apply to everyone receiving our services for business use and they cover key things everyone should know about.
Interest free payments are what you pay each month for the cost of your device when you buy a device on an interest free term.
Interest free term means a term over which you’ll pay off an eligible product in equal payments, without being charged interest.
Late payment fee means the fee we automatically charge if you don’t pay your bill by its due date. Find out about late payment fees
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.
Notice period fee means a fee we may charge if you want to end your service straight away (or before your 30 days’ notice is up). 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 and Product Terms are the particular terms and conditions relating to our products and services.
Products means any goods that we provide including any hardware, software or equipment we provide to you, including as part of the services.
Reconnection fee means the fee we may charge you to reconnect your services after we’ve disconnected you. Find out about Reconnection Fees
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 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, 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.
Transfer fee means the fee we may charge if you’ve agreed to a fixed term contract and you decide to change your plan to a lower tier plan. Read about these fees
Wireless means any mobile telecommunications services we provide or arrange for you. This includes mobile, wireless broadband and wireless landline services.
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.