There are three parts to our Personal Terms. The first part is our General Terms – they’re the terms you’re reading right now. These apply to everyone receiving Spark services for personal use and they cover key things everyone should know about. The second part is our Technology Terms. There will be a set that applies to you, depending on whether your service runs over fixed lines like copper or fibre, or whether your service uses our mobile network. The third part is our Plan Terms. Some of our plans have a set of Plan Terms to tell you exactly what to expect when it comes to the plan you’ve chosen.
When you sign up for, and use, Spark services, each of us agree to these General Terms, along with the Technology and Plan Terms that apply to the service you’ve chosen.
Look out for bold words. There are some words in these terms that have specific meanings. You can see what these bold words mean at the end of the document.
1. Using our services
When you use our services, there are some things we’ll commit to doing and some things we can’t take responsibility for.
2. Your responsibilities
When you use our services, there are some things you’re 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. This fee reflects what it costs us to recover the money you haven’t paid, and you’ll be automatically charged this;
(b) Restrict the service or stop providing it to you. If your service is suspended, you’ll need to pay a reconnection fee. We explain this in 6.10 below; and
(c) If you’re disconnected, we may pass your debt to a debt collection agency. 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.
Interest free payment terms
How we’ll contact you
4. Changing your services
Sometimes, we may decide to change our services, prices or our Personal 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.
Your liability to us
Our liability to you
(a) if we need to temporarily disconnect wiring or other equipment at your place to restore your services or provide goods and services to you;
(b) for any loss that is caused by event that we don’t reasonably control, for example, because of an act of God, earthquake, terrorism, strike, shortage of suitable labour or materials or any third party network provider; or
(c) for any indirect or consequential loss, or for any loss of profits, revenue, data, business, goodwill or savings.
Limits on liability
(a) $5,000 for any event or series of related events; and
(b) a total of $10,000 in respect of all events in any 12-month period.
6. You or Spark 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 suspend or restrict your service.
If you end your service
If Spark suspends, restricts or ends your service
(a) It’s necessary for operational or security reasons;
(b) 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;
(c) You or someone using your service is breaching the Personal Terms;
(d) 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; or
(d) There's a risk someone could be harmed.
(a) Harass, abuse or threaten Spark staff.
(b) Harass, abuse or threaten members of the public when using our services; or
(c) Complain about us multiple times without a reasonable basis and if you keep complaining without a reasonable basis, even once we’ve asked you to stop.
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 Personal Terms apply and which terms take priority over other terms.
Here’s what the words in bold mean.
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. For reference, in the terms and conditions for our old mobile postpaid plans, this is called a ‘disconnection fee’.
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.
General Terms are the terms you’re reading right now. These apply to everyone receiving Spark services for personal use and they cover key things everyone should know about.
Interest free term means a term over which you’ll pay off your device in equal payments, without being charged interest.
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.
Late payment fee means the fee we may charge if you don’t pay your bill by its due date. Find out about late payment fees
Networks and our networks refer to the communications infrastructure owned by Spark 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. 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 means the pricing you’ve agreed to pay monthly in return for services. If you’re on a plan it means we’ll charge you after you’ve received the service, by way of a bill which needs to be paid by its due date. Prepaid packs and plans are charged differently – see the definition for prepaid below.
Plan Terms are the particular terms and conditions relating to plans. There are no plan terms for prepaid – you only need to read these terms, the Mobile and Wireless Terms and the details of your prepaid pack or extra available when you purchase them. There are also no plan terms for most of our Pay Monthly plans (just these terms, the Mobile and Wireless Terms, and the details of the Pay Monthly plan available when you buy it).
Personal Terms are all the agreements that apply to you, including these General Terms, your Technology Terms and your Plan Terms.
Prepaid means a service that’s paid for before you use it. This includes packs, extras (like data, texts or minutes you can buy with a prepaid pack) and other services you can buy with a prepaid pack.
Reconnection fee means the fee we may charge you to reconnect your services after we’ve disconnected you. Find out about Reconnection Fees
Services are any service we provide provide and include any goods or equipment we provide to you, including as part of the services.
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.
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 apply to you. If your service uses our mobile network, the Mobile and Wireless Terms 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 another Spark plan. Read about transfer fees for fixed mobile plans
You or your aren’t bold throughout this document, but when you see them they refer to anyone who receives Spark services or has set up an account with us.