Xtra Mail terms

Acceptance of terms

1. The following terms apply to our customers who have Spark Xtra Mail services with us. These terms apply together with the Personal terms. If there is any inconsistency or conflict between the Personal terms and these Spark Xtra Mail terms, these terms apply. View Personal terms
2. By using the Spark Xtra Mail service or signing up for an Xtra Mail account through Spark, you agree to these terms.
3. If you are the parent or legal guardian of a minor who creates a Xtra Mail mailbox, you accept these Terms on the minor's behalf and are responsible for all use of the Spark Xtra Mail service, whether the minor's mailbox is now open or created later.

Specifications

Number of mailboxes per Xtra Mail subscription	5
Number of @xtra.co.nz aliases possible per mailbox	5
Storage limit per mailbox	1TB
Maximum size of an individual email	100MB

Eligibility

4. To use the Spark Xtra Mail service, you must have an active Spark Pay Monthly account.
5. You can purchase a maximum of one Xtra Mail subscription per customer account.
6. The Spark Xtra Mail service is intended for consumer use only. New Spark Corporate and Enterprise business customers aren't eligible. If you're a business customer and would like to apply for a Spark Business Mail solution, please call 126.

Activation

7. You’ll need to activate the service by creating a Xtra Mail mailbox. This process requires you to sign in to your MySpark online account. If you don’t have a MySpark account, you must sign up for MySpark before you can activate the Xtra Mail service.
8. If you don’t activate your Xtra Mail subscription before your first monthly renewal date, the monthly renewal will be cancelled, and you’ll need to buy it again.

Billing

9. You'll be billed on the date that you activate your Xtra Mail subscription.
10. You'll be charged each month as part of your monthly Spark bill on your renewal date until you cancel your Xtra Mail subscription.
    • If you have an eligible Spark Landline, Broadband or Pay Monthly mobile plan (together “Spark Plan”) you’ll be charged $5.95/month.
    • If you don’t have an eligible Spark plan, you’ll be charged $9.95/month.

Cancelling Xtra Mail subscription 

11. You can cancel your Xtra Mail service by logging into your MySpark account or the Spark app and selecting Cancel Xtra Mail, or by contacting Spark by phone or messaging us.
12. If you cancel the payment for your Xtra Mail service part way through your renewal month, you'll have access to Xtra Mail until the end of your current billing period and won't be refunded for a part month, but you won’t be charged for it again.
13. If you cancel the last remaining eligible Spark Plan on your account, you must opt-in to keep your Xtra Mail service.
    • If you opt-in, you’ll be charged $9.95 per month.
    • If you don’t opt-in, your Xtra Mail subscription will be cancelled immediately, and you’ll be refunded for a part month period. You'll lose access to your Xtra Mail service thirty (30) days (“grace period”) after the subscription is cancelled.  If you wish to keep your Xtra Mail service, you'll need to notify us during this grace period and agree to pay an ongoing monthly fee for the Spark Xtra Mail service. 
14.  We'll provide you with thirty (30) days’ notice (“grace period”) of any termination of the Spark Xtra Mail service by emailing, SMS messaging or writing to you. After the grace period ends, your Xtra Mail accounts will be deactivated. This means that you won't be able to sign in and your mailbox(es) will stop receiving new email. We want to give you an opportunity to retrieve your existing email data received up to the date of deactivation, so we'll use our best efforts to hold it for ninety (90) days from the date your email accounts are deactivated. After this timeframe, we'll assume you don’t need your existing email data so this information will be deleted from our systems and is unrecoverable. If you wish to retrieve any existing email data under this paragraph during the 90 day period, please call us on 123.

Cancelling your Xtra Mail email mailbox

15. If you choose to close or terminate your Spark Xtra Mail mailbox in your Xtra Mail portal, your Spark Xtra Mail service will be immediately deactivated. This means that you won't be able to sign in and your mailbox will stop receiving new email. If the mailbox that you've closed or terminated is the last mailbox linked to the Spark account, the Xtra Mail subscription will be cancelled from the end of your current billing period. You won't be refunded for a part month, but you won’t be charged for it again.
16. We want to give you an opportunity to retrieve your existing email data received up to the date of deactivation, so we'll use our best efforts to hold it for ninety (90) days from the date your email accounts are deactivated. After this timeframe, we'll assume you don’t need your existing email data, so this information will be deleted from our systems and is unrecoverable. If you wish to retrieve any existing email data or reactivate your Spark Xtra Mail service, please call us on 123 during the 90 day period to reactivate your Spark Xtra Mail service and any associated email accounts.

Our services

17. We'll:
    • Provide the Spark Xtra Mail service to you with reasonable care and skill.
    • Begin providing the Spark Xtra Mail service within a reasonable time of it being requested; and
    • Make all reasonable efforts to ensure the Spark Xtra Mail service does everything we say it will.
18. However, given the nature of internet and telecommunications products and service (including our reliance on systems and services that we don't own or control), we can't promise that the Spark Xtra Mail service will be continuous or fault free or available at a particular location. However, we'll always try to restore any Spark Xtra Mail service outage as soon as we reasonably can.
19. As such, you understand and agree that Spark can't guarantee the timeliness, deletion, delivery or storage of any user communication or personalised settings provided by the Spark Xtra Mail service. This also applies to any migration of your Existing Email Data to the new Spark Xtra Mail service.

Your privacy

20. Your privacy is important to us. We outline in Usage and User information what personal data we collect from you and how we use it.
21. When we provide the Spark Xtra Mail service to you, we collect and store data such as information about your usage of the email service, sign in timestamp information, email content, contacts, photos, documents or other personal files (“Usage Information”).
22. We also collect other information about you, such as your first and last name, email address, phone number, security questions/answers, Spark account details, credit card details and system configuration preferences (“User Information”).

Usage information

23. We respect your confidentiality and only use Usage Information to deliver your Spark Xtra Mail service and for Xtra Mail security purposes. We share Usage Information with our authorised email service provider in order to be able to provide the Spark Xtra Mail service to you. Other than that, we only share Usage Information in exceptional circumstances, as set out in our Privacy Policy. We don't use Usage Information to target ads to you. View our Privacy Policy

User information

24. We use User Information to provide you with the Spark Xtra Mail service, which includes using User Information to improve and personalise your experiences. We may also use User Information to communicate with you, for example, informing you about your Spark Xtra Mail service, security updates and product information. And we use User Information to help show more relevant ads. However, we don't use Usage Information such as what you say in email or your documents, photos or other personal files to target ads to you.
25. We share your User Information with your consent or as necessary to complete any transaction or provide you with the Spark Xtra Mail service. We also share User Information with our email service providers and subsidiaries to deliver the Spark Xtra Mail service and for Xtra Mail security purposes; when required by law or to respond to legal process; to protect our customers; to protect lives; to maintain the security of our products and to protect the rights or property of Spark.

Reporting abuse

26. If you believe anyone is violating any of our terms including anyone who is using any of your Spark Xtra Mail services, please notify us immediately by calling 123. 

Availability

27. The configuration of your computer, device, systems server or other communication equipment ("Systems") you use to receive the Spark Xtra Mail service may affect not only your use of the Spark Xtra Mail services, but our ability to provide the Spark Xtra Mail services to you.
28. The Spark Xtra Mail service will only be delivered to your relevant Systems when you have the required connection to receive the Spark Xtra Mail service and will be subject to any service availability limitations and any functionality limitations of your Systems.

Content disclaimer

29. Spark does not and can't supervise, edit or control how you or other end users use the content, information or other material (“Content”) accessed through the Spark Xtra Mail service we provide to you. As a result, you're responsible for the Content accessed or provided through our Spark Xtra Mail service including any Content you upload, download, post, email or otherwise transmit, access or make available through the use of the Spark Xtra Mail service.

General responsibilities

30. You agree in addition to the general responsibilities in the Personal Terms to not use the Spark Xtra Mail service to:
    • Email or otherwise transmit any content that's unlawful, harmful, threatening, abusive, defamatory, invades another person’s privacy or is racially, sexually or ethnically objectionable.
    • Email or otherwise transmit any content that you don't have the right to transmit or that infringes any patent, trademark, copyright or proprietary rights.
    • Email or otherwise transmit any content that contains software viruses or any other computer code that's designed to interrupt or destroy the functionality of any computer software or hardware.
    • Stalk or harass another person.
    • Send “junk mail”, “spam” or similar forms of solicitation; or,
    • Use purchased, rented or third-party lists of email addresses.

Account responsibilities

31. You're responsible for looking after your account, password and security:
    • We'll allocate you a unique email address and password of your choosing to use with your Spark Xtra Mail services. If the unique email address you choose isn't in line with our email address protocol, we'll work with you to create a new unique email address and issue you a new password.
    • You're responsible for taking appropriate steps to maintain the confidentiality and security of your billing account number, Mailbox and any user name, sign in, password and other personal identifier used by or allocated to you with the Spark Xtra Mail service. You agree to change your password at regular intervals, and at any time upon request by us. If you become aware of any unauthorised use or other breach of security of your Spark Xtra Mail service, you agree to notify us immediately. However, notice provided by you under this clause doesn't release you from your responsibilities under these Terms and any other applicable Service Specific Terms.
    • We won't be liable for any loss that you may incur as a result of someone else using your Spark Xtra Mail service or any personal identifier, if our breach of contract or negligence didn't cause such loss. However, you may be held liable for losses incurred by Spark or our partners and suppliers or another party due to someone else using your Spark Xtra Mail service or any personal identifier, if such loss hasn't been caused by our negligence or breach of contract.
    • We maintain ownership of all email addresses and other personal identifiers used by or allocated to you, and all rights in them.
32. You confirm that Spark may securely store your password(s) for maintenance of its systems and the Spark Xtra Mail service. While we'll always use reasonable care and skill to keep your Existing Email Data or any other information you provide through your use of the Spark Xtra Mail service secure, due to the nature of email services, we can't guarantee that the Spark Xtra Mail service will never be hacked or your passwords stolen. However, we'll take any such action seriously and will use our best efforts to restore the security of the Spark Xtra Mail service as soon as possible.

Account disputes

33. Our preference is for our Spark Xtra Mail service customers to work with other email users to resolve any disputes in relation to their use of the Spark Xtra Mail service. If a dispute can’t be resolved, we'll use our reasonable efforts to assist based on the information provided and subject to our obligations under the Privacy Act 2020 and our Privacy Policy. Go to Privacy Policy

Changing these terms

34. We may change these Terms by changing or removing existing terms or by adding new ones at any time. Changes may take the form of completely new Terms. We'll tell you about any changes by emailing or writing to you or SMS messaging you. If acting reasonably, you consider that the change has a negative impact on your use of the Spark Xtra Mail service, you can exercise your right to terminate these Terms.

Changing services

35. Despite our best efforts, in some cases it may be necessary for us to change, withhold, restrict, replace or terminate your Spark Xtra Mail service. For example: if our systems or the network are being maintained or otherwise worked on, unavailable or must be protected; to manage network capacity or access to network services; to improve functionality of the Spark Xtra Mail service; or for any other reason we think is reasonably necessary to do so including stopping the Spark Xtra Mail service.
36. Where we've changed or replaced an existing Spark Xtra Mail service, and we have to do this without providing you with prior notice of the change to protect our network, we'll advise you of the changes and the impact on you following the change. If acting reasonably, you consider that the change has a negative impact on your use of the Spark Xtra Mail service, you can exercise your right to terminate these Terms under Clause 40 below.
37. You acknowledge that we reserve the right to suspend or terminate your Spark Xtra Mail service if it's been "inactive" for a period of time. "Inactive" means that you haven't used the Spark Xtra Mail service for 12 months or more.

Communication services

38. When using the Spark Xtra Mail service, including emails, calendars and/or other message or communication facilities designed to enable you to communicate with others (collectively "Communication Services"), you agree to use and access the Communication Services in accordance with these Terms, the Personal Terms and any applicable Service Specific Terms, and only to upload, post, email, or otherwise transmit or access messages and material that are permitted under those terms.
39. You (and not Spark) assume responsibility for any necessary verification, maintenance, repair, correction and/or removal of any relevant Communication Service messages and material.
40. We aren't under any obligation to monitor the Communication Services, but we reserve the right to review messages and materials transmitted and accessed through a Communication Service and to disclose any information as we deem necessary to satisfy any applicable law, regulation, legal process, governmental request or code, refuse to send any email messages and materials in whole or in part, in our sole discretion, provided we will always act reasonably when exercising our rights under this clause . We reserve the right to terminate your use of and access to any or all of the Communication Services by telling you with as much warning as we reasonably can if we consider it reasonably necessary to do so, for example if the law requires us or if your use of the Communication Services is in a way which we reasonably believe is fraudulent or is illegal or likely to be found illegal.

Email and data storage and retention

41. You acknowledge that the services, the data and the information required to provide the Spark Xtra Mail service will be managed and stored in either New Zealand or Australia.
    
42. The amount of email and data storage available to you on systems to provide you with Spark Xtra Mail service is limited and some email or data may not be processed due to space restraints.
43. You agree that it may be reasonably necessary for us to establish limits concerning use of the Spark Xtra Mail service including, without limitation, the maximum number of email messages that maybe sent from or received by a mailbox, the maximum size of any email message that maybe sent from or received by a mailbox and the maximum mailbox size. Where we change or introduce new limits, we'll give you as much warning as we reasonably can. If you don't agree to the limits, you may exercise your right to terminate these Terms.
44. If acting reasonably, these space restraints or limits are, or will be compromised, and to protect our network and the use of the Spark Xtra Mail service for our customers, we'll ask you to reduce your mailbox size to fall back within your Spark Xtra Mail service limit. If you fail to bring your mailbox size within the Spark Xtra Mail service limit, we reserve the right to place your Spark Xtra Mail service on hold until you reduce your limit. This will mean that you may not be able to send or receive emails.
45. Any rights you may have under the Consumer Guarantees Act 1993 and the Fair Trading Act 1986 apply alongside the rights set out in these Terms, and aren't affected or altered by them (including the exclusion of liability set out below).
46. Many factors can contribute to the deletion, corruption or failure to store information. For these reasons you agree that Spark can't guarantee against the deletion, corruption or failure to store any Content maintained or transmitted with the Spark Xtra Mail service.

General

47. Spark enters into this agreement on its own behalf and for the benefit of its related companies, approved agents and service providers, and will, with any necessary modifications, apply to any of those related companies, approved agents and service providers, and will be enforceable by them under the Contracts and Commercial Law Act 2017.
48. Our Spark Xtra Mail service is provided under New Zealand law. If you want to bring a claim against us, you agree to do so in a New Zealand court. We also have a system for resolving complaints. Go to feedback and complaints form