Managed Mobility Lite Terms and Conditions

Managed Mobility Lite Terms and Conditions

Managed Mobility Lite Terms and Conditions

These terms and conditions apply to the use of the Spark Managed Mobility Lite Service. These Terms apply together with the Business Terms and Conditions and any other Terms and Conditions which govern your relationship with Spark. These Terms will prevail to the extent that they are inconsistent with those terms

Product Terms

  • These terms and conditions apply to your use of the Spark Managed Mobility Lite, including the underlying Third Party provided platform.
  • By purchasing Managed Mobility Lite you agree that you have read, understand and agree to be bound by these Product Terms
  • Managed Mobility Lite is available on any Spark Mobile post-paid plan
  • Managed Mobility Lite can only be used on a Spark Mobile device

Charges

  • Managed Mobility Lite is $5.00 ex gst per month, per user
  • Standard installation is $399 ex gst one off. Non-standard installs are POA.
  • Any moves, adds or changes to your account that are completed by the Spark Managed Mobility Helpdesk are charged POA, unless you are paying the $250 monthly account management fee.
  • The monthly account management fee entitles you to 4 hours access, per month, to the Spark Managed Mobility Helpdesk. If you require more than 4 hours access, per month, any additional requests will be charged POA.
  • Managed Mobility Lite is only available on a “No Term” contract and can be cancelled at any time without an early termination fee.

Billing

  • Managed Mobility Lite billing will commence from the date, as agreed between you and Spark, your devices are enrolled into the Managed Mobility Console by Spark
  • Managed Mobility user charges will be aggregated and recorded against one Mobile phone number of the customers choice

Software

  • A Managed Mobility Lite license entitles you to activate a single device on the Managed Mobility platform.
  • The Managed Mobility Lite license Software will be licensed to you by our Third Party Provider.
  • Spark and its Third Party Provider does not guarantee to provide continuous or uninterrupted access to the Managed Mobility Lite Service.
  • Spark manages upgrades of the Mobility System.

Your Responsibilities

  • You will be responsible for ensuring that your Users download the Device Software in a manner which is compatible with your Users’ Devices’ specific set-up requirements. Neither we nor the Third Party Provider shall be liable to the extent that incorrect downloading of the Device Software has an adverse effect on the operation of Users’ Devices.
  • You will be entitled to use the Mobility System, provided that, if you store any content on the Mobility System, you will ensure that the content does not infringe any applicable laws, regulations or third party rights (such as material which is obscene, indecent, pornographic, seditious, offensive, defamatory, threatening, liable to incite racial hatred, menacing, blasphemous or in breach of any third party Intellectual Property Rights or rights under the Privacy Act 1993) (Inappropriate Content).
  • You will be responsible for compliance with the principles set out in the Privacy Act 1993 and any other applicable data protection legislation, including without limitation: notifying Users and obtaining their consent to their Personal Information being collected by you and disclosed to us and our sub-contractors and/or related entities in connection with the provision of the Mobility Lite Services by us
  • You acknowledge and agree that the Mobility Console is hosted by Spark or its nominated Third-Party Provider and supported by our nominated Third Party Provider. Information collected via the Mobility Console may be disclosed to our nominated Third Party Provider (including its employees, agents and representatives) and transferred to, and stored in, jurisdictions outside New Zealand for the purpose of providing the Managed Mobility Lite service to you.
  • Once you are set up for Mobility Lite Services, it is your responsibility to ensure that your user name and password are kept secure and used only in accordance with these Mobility Lite Services Terms.

Suspension and Termination of Managed Mobility Lite

  • We will be under no obligation to provide any of the Mobility Lite Services in the event of any incidents caused by or related to the following:
    • any incident or problems caused by, or contributed to by, your negligence, abuse, misuse and/or misapplication of the Mobility Software or any failure by you to comply with the Mobility Lite Terms.
    • the failure of any system or code, or use of any software or hardware used by you in connection with the Mobility Lite Services, which has not been approved, authorised or supplied by us
    • any incident which we are unable to verify or reproduce after making commercially reasonable efforts; and/or
    • any incident which could have been prevented by you running the most up-to-date release and version of the Mobility Software (including any fixes or patches) made available by us or the Third Party Provider
  • Upon termination of the provision of Mobility Lite Services to you, to the extent we hold any User Personal Information, we may retain such User Personal Information to the extent required by the Privacy Act 1993 or other applicable data protection legislation.
  • We may terminate the provision of Mobility Lite Services to you immediately upon written notice to you if the Third Party Provider or you terminate all the SaaS Licences for the Mobility Lite Software.
  • We will cease our provision of the Mobility Lite Services and your access to the Mobility Console from the effective date of termination.

Definitions

In these Mobility Lite Terms, capitalised words have the meanings set out below:

Active Device means a Device which has been registered on the Server Software by you or on your behalf to receive the Mobility Lite Services

Device means a mobile device which can receive the Mobility Lite Services; 

Device Software means the official equipment software for Users’ Active Devices (including any new versions or releases of the same) provided by the Third-Party Provider to facilitate the provision of the Mobility Lite Services

Embargoed Territories means Cuba, Iran, North Korea, Sudan and Syria and any other territory which is, or during the period within which you are using any Mobility Lite Services becomes, subject to export restrictions and/or sanctions imposed by either the United Kingdom or the United States of America

EULA means the SaaS Licence EULA between you and the Third-Party Provider for the provision of Mobility Software on a subscription licence basis

Spark Business Agreement means the current Business Agreement signed by you and Spark

SaaS Licence means a subscription licence to the Mobility Software, as further described in the EULA

Server Software means the server software provided by the Third-Party Provider (including any new versions or releases of the same) to facilitate the provision of the Mobility Lite Services

Support Service means the support service as further described in the Mobility Lite Product Description

Third Party Provider means Airwatch LLC (whose registered office is at 931 Monroe Drive, Suite 102-303, Atlanta, GA 30308, USA) or such other Third-Party provider as may be identified in the EULA from time to time

User means an end-user of an Active Device

User Personal Information means personal information (as defined in the Privacy Act 1993 or any similar term as defined in any other applicable data protection legislation) about a User

Mobility Equipment means the equipment made available by us to you for the storage of your content; 

Mobility Lite Charges means all Charges applicable to your use of Mobility Lite, as notified to you by us from time to time, including without limitation, Mobility Lite Charges advertised on our Website

Mobility Console means the interface used by your administrator to access Mobility Lite Services

Mobility Lite means our Mobility Lite service as further described in the Mobility Lite Product Description

Mobility Lite Product Description means the most recent version of the product description for Mobility Lite available on our Website from time to time

Mobility Lite Services means the Mobility Lite services provided by us via the Mobility Console from time to time, including without limitation, the following services (as further described in the Mobility Lite Product Description): (a) Mobility Lite; (b) Support Service; and (c) Software Upgrade Access Service

Mobility Software means, collectively, the Server Software and the Device Software; and

Website means our website at www.spark.co.nz

These terms and conditions apply to the use of the Spark Managed Mobility Lite Service. These Terms apply together with the Business Terms and Conditions and any other Terms and Conditions which govern your relationship with Spark. These Terms will prevail to the extent that they are inconsistent with those terms

Product Terms

  • These terms and conditions apply to your use of the Spark Managed Mobility Lite, including the underlying Third Party provided platform.
  • By purchasing Managed Mobility Lite you agree that you have read, understand and agree to be bound by these Product Terms
  • Managed Mobility Lite is available on any Spark Mobile post-paid plan
  • Managed Mobility Lite can only be used on a Spark Mobile device

Charges

  • Managed Mobility Lite is $5.00 ex gst per month, per user
  • Standard installation is $399 ex gst one off. Non-standard installs are POA.
  • Any moves, adds or changes to your account that are completed by the Spark Managed Mobility Helpdesk are charged POA, unless you are paying the $250 monthly account management fee.
  • The monthly account management fee entitles you to 4 hours access, per month, to the Spark Managed Mobility Helpdesk. If you require more than 4 hours access, per month, any additional requests will be charged POA.
  • Managed Mobility Lite is only available on a “No Term” contract and can be cancelled at any time without an early termination fee.

Billing

  • Managed Mobility Lite billing will commence from the date, as agreed between you and Spark, your devices are enrolled into the Managed Mobility Console by Spark
  • Managed Mobility user charges will be aggregated and recorded against one Mobile phone number of the customers choice

Software

  • A Managed Mobility Lite license entitles you to activate a single device on the Managed Mobility platform.
  • The Managed Mobility Lite license Software will be licensed to you by our Third Party Provider.
  • Spark and its Third Party Provider does not guarantee to provide continuous or uninterrupted access to the Managed Mobility Lite Service.
  • Spark manages upgrades of the Mobility System.

Your Responsibilities

  • You will be responsible for ensuring that your Users download the Device Software in a manner which is compatible with your Users’ Devices’ specific set-up requirements. Neither we nor the Third Party Provider shall be liable to the extent that incorrect downloading of the Device Software has an adverse effect on the operation of Users’ Devices.
  • You will be entitled to use the Mobility System, provided that, if you store any content on the Mobility System, you will ensure that the content does not infringe any applicable laws, regulations or third party rights (such as material which is obscene, indecent, pornographic, seditious, offensive, defamatory, threatening, liable to incite racial hatred, menacing, blasphemous or in breach of any third party Intellectual Property Rights or rights under the Privacy Act 1993) (Inappropriate Content).
  • You will be responsible for compliance with the principles set out in the Privacy Act 1993 and any other applicable data protection legislation, including without limitation: notifying Users and obtaining their consent to their Personal Information being collected by you and disclosed to us and our sub-contractors and/or related entities in connection with the provision of the Mobility Lite Services by us
  • You acknowledge and agree that the Mobility Console is hosted by Spark or its nominated Third-Party Provider and supported by our nominated Third Party Provider. Information collected via the Mobility Console may be disclosed to our nominated Third Party Provider (including its employees, agents and representatives) and transferred to, and stored in, jurisdictions outside New Zealand for the purpose of providing the Managed Mobility Lite service to you.
  • Once you are set up for Mobility Lite Services, it is your responsibility to ensure that your user name and password are kept secure and used only in accordance with these Mobility Lite Services Terms.

Suspension and Termination of Managed Mobility Lite

  • We will be under no obligation to provide any of the Mobility Lite Services in the event of any incidents caused by or related to the following:
    • any incident or problems caused by, or contributed to by, your negligence, abuse, misuse and/or misapplication of the Mobility Software or any failure by you to comply with the Mobility Lite Terms.
    • the failure of any system or code, or use of any software or hardware used by you in connection with the Mobility Lite Services, which has not been approved, authorised or supplied by us
    • any incident which we are unable to verify or reproduce after making commercially reasonable efforts; and/or
    • any incident which could have been prevented by you running the most up-to-date release and version of the Mobility Software (including any fixes or patches) made available by us or the Third Party Provider
  • Upon termination of the provision of Mobility Lite Services to you, to the extent we hold any User Personal Information, we may retain such User Personal Information to the extent required by the Privacy Act 1993 or other applicable data protection legislation.
  • We may terminate the provision of Mobility Lite Services to you immediately upon written notice to you if the Third Party Provider or you terminate all the SaaS Licences for the Mobility Lite Software.
  • We will cease our provision of the Mobility Lite Services and your access to the Mobility Console from the effective date of termination.

Definitions

In these Mobility Lite Terms, capitalised words have the meanings set out below:

Active Device means a Device which has been registered on the Server Software by you or on your behalf to receive the Mobility Lite Services

Device means a mobile device which can receive the Mobility Lite Services; 

Device Software means the official equipment software for Users’ Active Devices (including any new versions or releases of the same) provided by the Third-Party Provider to facilitate the provision of the Mobility Lite Services

Embargoed Territories means Cuba, Iran, North Korea, Sudan and Syria and any other territory which is, or during the period within which you are using any Mobility Lite Services becomes, subject to export restrictions and/or sanctions imposed by either the United Kingdom or the United States of America

EULA means the SaaS Licence EULA between you and the Third-Party Provider for the provision of Mobility Software on a subscription licence basis

Spark Business Agreement means the current Business Agreement signed by you and Spark

SaaS Licence means a subscription licence to the Mobility Software, as further described in the EULA

Server Software means the server software provided by the Third-Party Provider (including any new versions or releases of the same) to facilitate the provision of the Mobility Lite Services

Support Service means the support service as further described in the Mobility Lite Product Description

Third Party Provider means Airwatch LLC (whose registered office is at 931 Monroe Drive, Suite 102-303, Atlanta, GA 30308, USA) or such other Third-Party provider as may be identified in the EULA from time to time

User means an end-user of an Active Device

User Personal Information means personal information (as defined in the Privacy Act 1993 or any similar term as defined in any other applicable data protection legislation) about a User

Mobility Equipment means the equipment made available by us to you for the storage of your content; 

Mobility Lite Charges means all Charges applicable to your use of Mobility Lite, as notified to you by us from time to time, including without limitation, Mobility Lite Charges advertised on our Website

Mobility Console means the interface used by your administrator to access Mobility Lite Services

Mobility Lite means our Mobility Lite service as further described in the Mobility Lite Product Description

Mobility Lite Product Description means the most recent version of the product description for Mobility Lite available on our Website from time to time

Mobility Lite Services means the Mobility Lite services provided by us via the Mobility Console from time to time, including without limitation, the following services (as further described in the Mobility Lite Product Description): (a) Mobility Lite; (b) Support Service; and (c) Software Upgrade Access Service

Mobility Software means, collectively, the Server Software and the Device Software; and

Website means our website at www.spark.co.nz

These terms and conditions apply to the use of the Spark Managed Mobility Lite Service. These Terms apply together with the Business Terms and Conditions and any other Terms and Conditions which govern your relationship with Spark. These Terms will prevail to the extent that they are inconsistent with those terms

Product Terms

  • These terms and conditions apply to your use of the Spark Managed Mobility Lite, including the underlying Third Party provided platform.
  • By purchasing Managed Mobility Lite you agree that you have read, understand and agree to be bound by these Product Terms
  • Managed Mobility Lite is available on any Spark Mobile post-paid plan
  • Managed Mobility Lite can only be used on a Spark Mobile device

Charges

  • Managed Mobility Lite is $5.00 ex gst per month, per user
  • Standard installation is $399 ex gst one off. Non-standard installs are POA.
  • Any moves, adds or changes to your account that are completed by the Spark Managed Mobility Helpdesk are charged POA, unless you are paying the $250 monthly account management fee.
  • The monthly account management fee entitles you to 4 hours access, per month, to the Spark Managed Mobility Helpdesk. If you require more than 4 hours access, per month, any additional requests will be charged POA.
  • Managed Mobility Lite is only available on a “No Term” contract and can be cancelled at any time without an early termination fee.

Billing

  • Managed Mobility Lite billing will commence from the date, as agreed between you and Spark, your devices are enrolled into the Managed Mobility Console by Spark
  • Managed Mobility user charges will be aggregated and recorded against one Mobile phone number of the customers choice

Software

  • A Managed Mobility Lite license entitles you to activate a single device on the Managed Mobility platform.
  • The Managed Mobility Lite license Software will be licensed to you by our Third Party Provider.
  • Spark and its Third Party Provider does not guarantee to provide continuous or uninterrupted access to the Managed Mobility Lite Service.
  • Spark manages upgrades of the Mobility System.

Your Responsibilities

  • You will be responsible for ensuring that your Users download the Device Software in a manner which is compatible with your Users’ Devices’ specific set-up requirements. Neither we nor the Third Party Provider shall be liable to the extent that incorrect downloading of the Device Software has an adverse effect on the operation of Users’ Devices.
  • You will be entitled to use the Mobility System, provided that, if you store any content on the Mobility System, you will ensure that the content does not infringe any applicable laws, regulations or third party rights (such as material which is obscene, indecent, pornographic, seditious, offensive, defamatory, threatening, liable to incite racial hatred, menacing, blasphemous or in breach of any third party Intellectual Property Rights or rights under the Privacy Act 1993) (Inappropriate Content).
  • You will be responsible for compliance with the principles set out in the Privacy Act 1993 and any other applicable data protection legislation, including without limitation: notifying Users and obtaining their consent to their Personal Information being collected by you and disclosed to us and our sub-contractors and/or related entities in connection with the provision of the Mobility Lite Services by us
  • You acknowledge and agree that the Mobility Console is hosted by Spark or its nominated Third-Party Provider and supported by our nominated Third Party Provider. Information collected via the Mobility Console may be disclosed to our nominated Third Party Provider (including its employees, agents and representatives) and transferred to, and stored in, jurisdictions outside New Zealand for the purpose of providing the Managed Mobility Lite service to you.
  • Once you are set up for Mobility Lite Services, it is your responsibility to ensure that your user name and password are kept secure and used only in accordance with these Mobility Lite Services Terms.

Suspension and Termination of Managed Mobility Lite

  • We will be under no obligation to provide any of the Mobility Lite Services in the event of any incidents caused by or related to the following:
    • any incident or problems caused by, or contributed to by, your negligence, abuse, misuse and/or misapplication of the Mobility Software or any failure by you to comply with the Mobility Lite Terms.
    • the failure of any system or code, or use of any software or hardware used by you in connection with the Mobility Lite Services, which has not been approved, authorised or supplied by us
    • any incident which we are unable to verify or reproduce after making commercially reasonable efforts; and/or
    • any incident which could have been prevented by you running the most up-to-date release and version of the Mobility Software (including any fixes or patches) made available by us or the Third Party Provider
  • Upon termination of the provision of Mobility Lite Services to you, to the extent we hold any User Personal Information, we may retain such User Personal Information to the extent required by the Privacy Act 1993 or other applicable data protection legislation.
  • We may terminate the provision of Mobility Lite Services to you immediately upon written notice to you if the Third Party Provider or you terminate all the SaaS Licences for the Mobility Lite Software.
  • We will cease our provision of the Mobility Lite Services and your access to the Mobility Console from the effective date of termination.

Definitions

In these Mobility Lite Terms, capitalised words have the meanings set out below:

Active Device means a Device which has been registered on the Server Software by you or on your behalf to receive the Mobility Lite Services

Device means a mobile device which can receive the Mobility Lite Services; 

Device Software means the official equipment software for Users’ Active Devices (including any new versions or releases of the same) provided by the Third-Party Provider to facilitate the provision of the Mobility Lite Services

Embargoed Territories means Cuba, Iran, North Korea, Sudan and Syria and any other territory which is, or during the period within which you are using any Mobility Lite Services becomes, subject to export restrictions and/or sanctions imposed by either the United Kingdom or the United States of America

EULA means the SaaS Licence EULA between you and the Third-Party Provider for the provision of Mobility Software on a subscription licence basis

Spark Business Agreement means the current Business Agreement signed by you and Spark

SaaS Licence means a subscription licence to the Mobility Software, as further described in the EULA

Server Software means the server software provided by the Third-Party Provider (including any new versions or releases of the same) to facilitate the provision of the Mobility Lite Services

Support Service means the support service as further described in the Mobility Lite Product Description

Third Party Provider means Airwatch LLC (whose registered office is at 931 Monroe Drive, Suite 102-303, Atlanta, GA 30308, USA) or such other Third-Party provider as may be identified in the EULA from time to time

User means an end-user of an Active Device

User Personal Information means personal information (as defined in the Privacy Act 1993 or any similar term as defined in any other applicable data protection legislation) about a User

Mobility Equipment means the equipment made available by us to you for the storage of your content; 

Mobility Lite Charges means all Charges applicable to your use of Mobility Lite, as notified to you by us from time to time, including without limitation, Mobility Lite Charges advertised on our Website

Mobility Console means the interface used by your administrator to access Mobility Lite Services

Mobility Lite means our Mobility Lite service as further described in the Mobility Lite Product Description

Mobility Lite Product Description means the most recent version of the product description for Mobility Lite available on our Website from time to time

Mobility Lite Services means the Mobility Lite services provided by us via the Mobility Console from time to time, including without limitation, the following services (as further described in the Mobility Lite Product Description): (a) Mobility Lite; (b) Support Service; and (c) Software Upgrade Access Service

Mobility Software means, collectively, the Server Software and the Device Software; and

Website means our website at www.spark.co.nz