Fixed Line Terms

When you sign up for a service that connects to your house using fixed lines like copper or fibre, we both agree to these Fixed Line Terms. These terms outline what each of us will and won’t do when it comes to your fixed line service.

You’ll also need to be across the General Terms – these apply to everyone using Spark services for personal use. And you should get familiar with any Plan Terms that apply to you too. These will tell you exactly what to expect when it comes to the plan you’ve chosen.

  • If you only have Spark broadband, read sections 1 and 3;
  • If you only have a Spark landline, read sections 1 and 2.

Look out for bold words. There are some words in these terms that have specific meanings. When you see a word in bold, it means we’ve explained what it means in a section at the end.


1. All fixed line services

This section covers the areas that those on a fixed line service should know about. 

Getting started

  1. Cost: We’ll tell you about any connection and installation charges before you agree to use the services. Find out about charges
  2. We will not charge you if we are unable to install the services at your premises.
  3. If you decide to cancel your order after we’ve accepted the order and we’ve provided you an installation date, we may charge you a cancellation fee. This will not apply in the case of a non-standard installation where you do not agree to any additional work or costs.
  4. If you need an installation, we’ll start charging you for your service once it’s been activated. If you’re already connected to our networks, you’ll start being charged from the date we transition you from your existing provider or plan.

Using your fixed line service

  1. Inside your home: You’re responsible for any telephone jack points and wiring inside your home (including fixing them if you need to). We aren’t responsible if the jack points and wiring inside your home interfere with your services. You can choose to buy our optional standard wiring maintenance service, which will cover some faults. Understand the wire maintenance service
  2. Outside your property: We'll take all reasonable steps to fix faults impairing the services on our networks outside your property. To report a fault, call us. If it is found that there is no fault, or the fault was caused or contributed to by you or your equipment, we may charge you a fee. We'll tell you about these charges before you incur them.
  3. Access: In order to protect you or our other customers, or to maintain, alter or protect the integrity or performance of our network or services, we, or our service partners, may at times require access to your property, access to the equipment on your property, or remote access to your equipment. Where possible, we will always try to contact you before we do this. We may cancel the services if you fail to allow access to your premises.
  4. Moving house: To move your broadband or landline when you move house, we have information to help you Find out about moving

Cancelling or changing your fixed line service

  1. Our General Terms set out how to cancel your services.
  2. You can change your plan for the same services once per billing cycle and incur no fees or charges for making this change (for example, upgrading to a new plan). It can take up to two working days to move you to a new plan. If you do change plans, you will also see some 'part-monthly' charges on your next bill. These will be a part-monthly credit for the plan you cancelled, and a part-monthly charge for the plan you moved to.
  3. Clause 1.10 doesn’t apply if you change broadband technologies (for example, if you want to move from ADSL to fibre). Early termination fees (if you have not completed your fixed term contract) and installation fees may apply in this case. If you’re downgrading plans, and you’re still within your fixed term contract, you’ll need to pay an early termination fee.


2. Broadband services

This section covers things that apply if you have broadband. If you only have a landline service with us, jump ahead to section 3.

Getting started on broadband

  1. Availability and reliability: Broadband isn’t available everywhere and, occasionally, factors such as the distance of our equipment from your place mean we can’t deliver broadband to you even if you’re in an area where it’s available. Also, if your services are disconnected for any reason (for example, if you don’t pay your bills), you might not be able to connect back to the type of broadband you had before, particularly if there are capacity issues in your area.
  2. Required equipment: You will need a modem to use our broadband services, which may be supplied by us as part of your connection or can be purchased from us or elsewhere. The modem is your property and we’re not responsible for it, unless we tell you otherwise. You may require a new modem if you change access technologies (for example, changing between ADSL, VDSL or fibre).
  3. You can set-up and configure your modem yourself, but you may request a technician to do this for you. There will be an additional charge for this service on your next Spark bill but you will be advised of this charge before you incur it.
  4. The modem requires mains power. In the event of a power failure, your broadband service won’t be available. If your access type is fibre and you have a landline, this will also be unavailable, including access to emergency services.
  5. Minimum system requirements: Broadband can only be used on a device that meets certain minimum system requirements and your device can impact the broadband speeds you experience. Find out what impacts broadband speed.
  6. Temporary landline outage during installation: When setting up your broadband there may be a temporary outage of your landline. Normal service should occur within a few hours.
  7. ADSL or VDSL connection: You’ll need a standard broadband connection and in some cases you’ll need to get broadband wiring. If you’re using five or more jack points at your home, have a monitored alarm or star wiring, a technician may need to visit your home to install wiring. There will be an additional charge for this service on your next Spark bill. We’ll give you an indication of this charge before you incur it, but the final charge will be reasonably based on the work that is actually performed for your installation. You can choose to arrange your own wiring installation if you prefer.
  8. Fibre connection: In addition to the terms you’ve agreed with us for use of your services, you agree to be bound by your LFC's terms and conditions which relate to the provision (including installation) and use of the LFC's network. You’ll need to find and read these terms yourself. We will advise you who your LFC is when you order fibre services.
  9. If you’re not already connected to the fibre network, you’ll need to arrange a time for an LFC technician to visit your premises. The technician will determine how the fibre will be connected from the street to your house and whether it will be a standard installation or a non-standard installation. Different charges apply for a standard installation and a non-standard installation for a fibre connection.

Using broadband services

  1. Data usage: Any monthly broadband allowance you don’t use won’t be carried over into the next month or refunded.
  2. Speeds: Broadband speeds may vary due to factors controlled by you such as your equipment's capability, your premises’ connection, wiring and internal WiFi, interference from electrical devices, the location and quality of the websites you choose to view, software you may have downloaded (malicious or otherwise) and the number of users in your household. The day-to-day performance will also be affected by our network or the network of third parties that we use to provide the service to you.
  3. Fibre Basic runs on the Ultra Fast Broadband network, using what's called a 30Mbps standard network profile, or a 50MBps standard network profile depending on your LFC.
  4. We also offer other speeds on Fibre, such Fibre Max. Find out about these speeds


3. Landline services

This section covers a couple of things that apply if you have a landline service with us.

  1. Phone number: We’ll give you a landline number or you may be able to bring your landline number with you from another provider. This is called porting. The number is not owned by you and it’s possible we may need to change your phone number. We would only do this in unusual circumstances, for example where we are required by law, contracts with third parties or for reasons outside our control. If we need to change your number, we’ll give you reasonable notice before doing so. If you ever disagree with the way we’ve allocated phone numbers, we’ll act reasonably and in good faith to make a final decision.
  2. Directory listing: If you ask us to, we’ll arrange for you to be listed in any New Zealand telephone book or similar public directory. Find out how to manage your directory listings


Definitions

Here’s what the words in bold mean.

Broadband in these terms means home internet provided over the fixed line network – copper ADSL, copper VDSL, or fibre home internet.

Early termination fee is the fee we may charge if you’re on a fixed term contract and you cancel your service, downgrade your plan, or your service is ended part way through your term.

Fixed line network or network (including references to our networks) means the copper and fibre communication facilities owned by us and other parties who we work with. An example of this is Chorus. These networks are used to provide you with fixed line services.

Fixed line services or services means any fixed line services we provide to you or arrange for you to be provided over the fixed line network, including broadband and landline services.

Fixed Line Terms are the terms you’re reading right now. These apply to everyone receiving a Spark fixed line service for personal use.

Fixed term contract means when you purchase services from us that have a minimum contract length, such as 12 or 24 months.

General Terms are the terms that apply to everyone receiving Spark services for personal use. They cover key things everyone should know about.

Landline means a fibre or copper home phone connection.

LFC means the local fibre companies that have been engaged by the government to build, deploy, and maintain the fibre network across New Zealand.

Non-standard installation means a fibre installation where your house is more than 200m from the fibre access point on the street; and/or if your fibre enabled modem is installed at a separate location to the optical network and additional wiring is required (or if you want special wiring installed). This is more expensive than the standard install.

Plan means the pricing plan under which you have agreed to receive services.

Plan Terms means the terms and conditions relating to any plan.

Service partners means third parties (such as LFCs) providing network maintenance services in relation to our networks.

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.

Standard installation means a fibre installation connecting the fibre cable from the street (up to 200m) through your home, the external termination point, the optical network and the fibre enabled modem.

You or your aren’t bold throughout this document, but when you see them they refer to anyone who receives Spark fixed line services.