Spark Cloud Phone

These terms explain how Cloud Phone works. Together with our Business General Terms, they form part of the Cloud Phone contract. In buying these services, you understand and agree to these terms.

These terms prevail where they are inconsistent with our Business General Terms

Service description

Cloud Phone is a cloud-based, private branch exchange (PBX) solution. It delivers PBX features and functionality on your Yealink IP desk phone, desktop and/or mobile device. The service includes standard and premium user profiles as well as extra features.

You must have at least two users and can select any combination of profile types.

Plan components

Standard user profile

Charged per user, per month on at least a 24-month contract. See full list of features

Premium user profile

Charged per user, per month on at least a 24-month contract. See full list of features

Lite user profile

Charged per user, per month on at least a 24-month contract. Only available on Business Unlimited Mobile plans. See full list of features

Site package

As well as the above user profiles, all customers get a site package. A site package is a feature for each Cloud Phone solution for the length of the plan. A site package is charged per month and is in addition to user profile charges and it includes the following:

• One auto attendant
• One call queue
• Hunt groups
• Group paging
• Call park/Pick up
• Voicemail portal
• Site admin portal
• Music on hold

Additional features

You can buy other features such as:

• Automated attendant
• Calls centres
• Receptionist console

Note: All extra features include a monthly rental fee.

Installation

One-off site audit* and installation fees will apply. The cost will depend on whether you need a remote or onsite installation and the number of users you have.
*Site audits are only needed where IP phones are being installed at your location.

Calling charges

The monthly user charge includes calls to local, national and mobile numbers in New Zealand and Australia. Charges are on a per minute basis for all other international calls. Calls made through the Cloud Phone apps will be treated as a call that came from New Zealand.

Customer requirements

• IP phones 
  If you need IP phones, you must use our leased Yealink IP phones. IP phones are an extra cost to the monthly user charges.
  
• Data connections 
  If you need IP phones and/or desktop apps at a fixed site, you'll need a data connection. The cost will depend on your solution and are extra to the monthly user charges. For unmanaged (over the internet) voice services, any provider can supply the broadband connection. Where provided by us, our Business Broadband terms apply. Business Broadband Terms
• Mobile connections 
  For the Cloud Phone mobile app, you'll need a mobile data connection. Any provider can supply the mobile data connection. Where provided by us, our mobile connection terms and conditions apply. Mobile connection terms and conditions
• Desktop application 
  To use the Cloud desktop app, you must have a computer with one of the operating systems listed below:
  
  • Microsoft Outlook 2007
  • Microsoft Outlook 2010 (32 and 64-bit)
  • Microsoft Outlook 2013 (32 and 64-bit)
  • Microsoft Outlook 2016 (32 and 64-bit)
  • Microsoft Windows 7
  • Microsoft Windows 8
  • Microsoft Windows 8.1
  • Microsoft Windows 10
  • Communicator Release 20.2.0.x or higher
Cloud Phone app terms and conditions
• Mobile application 
  To use the Cloud Phone mobile app, you must have an Apple or Android phone with one of these operating systems:
  
  • Android – 6.0 and above
  • iOS – 11.0 and above
  For use of the Cloud Phone mobile app, terms and conditions apply. Associated data costs will be charged as per your standard data plan. Cloud Phone app terms and conditions
• Supported browsers 
  Supported browser/operating systems for the Cloud Phone service provider portals, and user dashboards (My Account, My Site and My Phone) are as follows:

• Installation works 
  If the site audit requires extra work, like new cabling, you must arrange and pay for this to be done. Your installation will not go further until the extra work's completed.
• Data access consent 
  You'll need to provide us with the building owner details. This is so consent can be gained by local fibre companies (LFC) for installation of a data connection into the building.
• Connection capability 
  To get the Cloud Phone service over a data connection, your connection must be able to handle 110Kbps of uncongested upstream and downstream bandwidth per voice call
• Business systems 
  You'll need to provide, operate and support associated non-Spark business systems, such as the following:
  
  • Computers
  • Laptops
  • Tablets
• Network environment 
  You'll need to provide a suitable environment for network terminating equipment, such as:
  
  • Customer Line Network Equipment (CLNE)
  • Media Converter/Network Terminating Equipment (NTU)
• Music licenses 
  You're responsible for the music licenses for any music you upload to be used by the Cloud Phone system. If the use of any such music by Cloud Phone causes us to face any costs or claims, you'll indemnify us. This includes for any of the following that we face from any claims by a third party:
  
  • Loss
  • Liability
  • Damage
  • Expenses, including solicitor's fees
• Emergency calls 
  You must provide other means for making emergency and 111 calls. These can't be made using the Cloud Phone service in the event of a service outage, power failure or disruption.
• Unmanaged service 
  Where you choose an unmanaged service (over the internet), or combine the service with your existing local area network (LAN), your IT and telecommunications network is your own responsibility.
  This includes:
  
  • Providing a network administrator to connect your located network equipment with the LAN
  • Optimising your internal network and data connections for voice services so your connection can handle 110Kbps of uncongested upstream and downstream bandwidth, per voice call
  • Maintaining strong passwords for all areas of your LAN network and Cloud Phone portals
  • Maintaining the LAN or computer equipment and any related cabling
• Technical support 
  For technical support, our team will need remote access to your network for troubleshooting purposes

Spark responsibilities

We're responsible for installing the Cloud Phone service and maintaining the associated hardware. We aren't responsible for your internal network. The following will be completed by us as part of the Cloud Phone installation process:

• Site audit 
  Our technician will identify any work needed to complete installation of any IP phones and related hardware like routers and analogue terminal adapter (ATA) devices. It’s your responsibility to arrange and pay for any extra work, like new cabling.
• Service design 
  We'll work with you to decide how calls will flow on your Cloud Phone system. This includes:
  
  • Identifying the main number
  • Features needed, such as Auto attendants and Hunt groups
  • What should happen to calls when no one is free to answer them
• Service configuration 
  We'll provide and configure the following:
  
  • Phone numbers
  • User profiles
  • Site packages
  • Additional features
  • Call flow design
  • IP phones
  • Headsets
  • Related hardware such as routers and ATA devices
• Service installation 
  Our technician will install any IP phones needed and related hardware, such as routers and ATA devices. They'll also provide a basic overview of the product. This overview will be no longer than one hour. You can buy more training sessions at extra cost.
• Self installation 
  Spark will provide support for you if your self-installation fails. If a technician is required to come out to your site to fix an issue this will result in a site installation charge.
• Service set up 
  We'll cut over the Cloud Phone service once the installation is complete, or on the agreed date if you're completing a self-installation. At this stage the Cloud Phone service will be fully operational.

We're also responsible for maintaining the operation of the following:

• CLNE (router) if provided
• POE switch if provided
• IP phone if provided
• Soft clients (applications)
• Admin portal – My Account
• User portal – My Phone

Service targets

Cloud Phone service
This section covers the functional performance targets of your Cloud Phone service. This doesn't include availability of the data service your Cloud Phone is running across.

The following don't count as service failures or availability measurements:

• Scheduled maintenance
• Factors due to you or any third parties
• Any other factors beyond our control

Data services
This section covers the functional performance targets of the data connection your Cloud Phone service is using.

Calling

All Cloud Phone users get a fixed landline phone number. All calls made from your IP phone, mobile app and desktop applications are billed as fixed line calls based on the rates in your contract.

Cloud Phone mustn't be used for the following:

• High volume contact centres
• Auto-dialling
• Continuous call forwarding
• Any other activity that we consider not standard

Moves, adds and changes and associated fees

We'll charge you a one-off fee for any changes like adding or removing a user. Fees for plan changes are based on the rates in your contract and are either Self service, Simple, Standard or Complex requests.

Self service changes

The following requests can be completed in provided portals and are your responsibility:

• Reassigning an existing user or receptionist profile
• Set up an existing user as an administrator
• Adding /removing existing users to / from existing hunt groups, call queues and call centres
• Resetting the portal passwords on the following:
  
  • Administration
  • My Phone
  • Receptionist
  • Call centre agent
  • Call centre supervisor
• Configuration of the following:
  
  • User features
  • Toll bars
  • Voicemail
  • Speed dials
  • Directories
  • Monitoring
  • Calling line ID
  • Call park groups

Simple changes

• Remove an existing User profile
• Change an existing User profile type (Standard to Premium, Premium to Standard, Lite to Standard or Premium, Premium or Standard to Lite)
• Add, remove or change one of the following features:
  
  • Receptionist
  • Meet Me Conference bridge
  • Conference host
  • Call recording
  • CRM connect
  • Call centre agent
  • Call centre supervisor
  • Group paging
  • Standalone voicemail
• Ordering additional Jabra headsets and Cloud Phone training modules
  Note: Standard headset charges apply.

Standard changes

• Add a user profile
• Add, remove or change one of the following features:
  
  • Auto attendant
  • Hunt group
  • Call queue
  • Call centre
• Add, remove or change the following hardware:
  
  • Yealink IP Phone
  • Cisco IP Phone
  • Analogue Telephone Adaptor
  • POE Switch
• Any other request not classified as simple or complex

Complex changes

• Any request that needs significant redesign of your Cloud Phone solution
• Move to an Over the Internet (OTT) or DUSA data connection
• Add a new Bitstream 2, Bitstream 3, Bitstream 4 or HSNS data connection
• Change bandwidth on an existing Bitstream 2, Bitstream 3, Bitstream 4 or HSNS data connection
• Change of CLNE (router) on an existing Data connection
• Move of address

Minimum term and purchase requirements

You need to buy and maintain at least two Cloud Phone User Profiles on a minimum 24-month contract. If you cancel your service or reduce the number of profiles by more than 40% within the 24-month period, you'll be charged the following early termination fees:

• 30% of the monthly charges remaining on your contract for the initial 24 months. This relates to user profiles, site packages, additional features and any data access charges.
• 100% of monthly fees remaining on your contract for the initial 24 months. This relates to hardware like IP phones, routers, switches and ATA devices. You must return all leased hardware to us if requested.

Jabra headset warranties

All Jabra headsets bought from us for use with the Cloud Phone service have 24 month warranties. Any warranty claims must be made directly with Jabra through the Jabra ServiceNet portal. You can find that here: Jabra ServiceNet portal

Once the warranty is claimed, a new headset will be delivered within five to 10 workings days. The warranty on the new headset will align with the original device. For example, if the original device was 18 months into a 24-month warranty period, the new device will have a six month warranty.

Service limitations

The following features aren't available from the mobile app:

• Click-to-dial from desktop phone
• Outlook add-in
• Outlook directory integration
• Skye for business add-in
• Desktop sharing (1:1 & group)
• File sharing
• Outlook calendar integration

The following features aren't guaranteed on the Cloud Phone service:

• Analogue fax
• Dial-up modems
• Alarms
• Eftpos
• Lift lines

Exclusions

• Apart from those stated, we exclude all warranties which may be implied into these terms
• The exclusions and limitations on our liability in our business customer terms also apply. Business General Terms

Other terms

• We'll provide the Cloud Phone service using reasonable skill and care. We're unable to give specific performance guarantee or confirm that Cloud Phone services will remain uninterrupted or error free.
• You'll only use Cloud Phone services for lawful purposes and in compliance with the BroadCloud Acceptable Use Policy and the Cloud Phone Application Terms and Conditions. BroadCloud Acceptable Use Policy and Cloud Phone app terms and conditions
• We aren't responsible for other service provider broadband or mobile issues impacting the Cloud Phone service
• Personal information we collect may be given to our supplier to provide the Cloud Phone services, and for their systems analysis, research and services improvement. Personal information may be shared with those in Australia, the USA or UK for the purpose of providing technical support.
• We may change the terms or fees for your use of Cloud Phone, by giving you at least one month’s notice. If we change any terms, your continued use of the service will represent your acceptance of the changes.
• We may change, extend or discontinue all or any part of the Cloud Phone service where notice has been given. This includes where you are in breach of these terms. We're not liable to you or any third party for any service changes or termination.
• New Zealand law applies to our agreement with you for the provision of Cloud Phone. The New Zealand courts shall have exclusive authority over any dispute arising between you and us in relation our agreement with you.
• Any requests relating to your Cloud Phone contract should be sent to your Spark Customer Lead.