Mobile and Wireless Terms

When signing up for a service that uses our mobile network, each of us agree to these Mobile and Wireless Terms. If you’re on a mobile plan, wireless broadband plan or a wireless landline plan, this is where we get on the same page about what we will and won’t do when it comes to your service.

You’ll also need to be across the General Terms – these apply to everyone using Spark services for personal use. And some of our plans have Plan Terms too.

  • If you only have Spark wireless broadband or wireless landline, read sections 1 and 2.
  • If you only have a Spark mobile plan, read sections 1 and 3.

Look out for bold words as they have specific meanings that are explained in a section at the end.


1. All wireless services

This section covers things that anyone on a wireless service should know.

Getting started on a wireless service

  1. SIM card: Your device will need a SIM card to connect it to our mobile network. Even when you’re using it, the SIM card is Spark’s property. It must be returned to us if we ask and if our request is reasonable.

Using a wireless service

  1. Data and minutes: Unless you have rollover data or rollover minutes, your data and minutes will expire on your renewal date each month. You can find your pack or plan renewal date in MySpark online, the Spark app or on your bill.
  2. Data usage: Data usage is based on the amount of data transferred through your mobile or wireless broadband connection (both uploading and downloading) and can be expressed as megabytes or gigabytes.
  3. Charges: When you buy a pack or plan you’ll be told the price however additional charges may also apply (like the cost of international calls). You can find out about these charges in your Plan Terms. Your charges will start from the moment you are connected to our mobile network.
  4. Equipment: If your mobile phone, wireless modem or SIM is lost, stolen or damaged, please contact us immediately so we can block it from our network. This will stop you being charged for any further activity on your SIM or device. Remember, it’s your responsibility to keep your SIM or mobile device secure.
  5. Coverage: Our wireless services are only available in certain mobile coverage areas. Speeds and coverage will vary and can be affected by traffic congestion, outages and where we work on our networks as well as interference from external factors such as the weather and radio. Your coverage and speed can also be affected by how and your intended recipient have set up your mobile devices.


2. Wireless broadband and wireless landline

This section covers things that only apply if you’re on a wireless broadband or wireless landline plan. If you have neither, jump ahead to section 3.

Getting started on wireless broadband or wireless landline

  1. Wireless modem: For wireless broadband and wireless landline services, you’ll need a Spark wireless modem.
  2. Availability of services: The wireless modem requires power, so wireless broadband and wireless landlines won’t work in a power cut (meaning if there’s a power cut, you won’t be able to make any phone calls). Not all products or services that work on other connections will work on wireless connections. For example, some monitored alarms, medical alerts or faxes. Before setting up your wireless broadband or wireless landline, you'll need to contact the provider of those products or services to arrange an alternative. It’s a good idea to have a charged mobile phone available for use in power cuts (including to ring emergency services) or a back-up power source. View services that won’t work with a wireless landline.
  3. Phone number: If you have a wireless landline, we’ll give you a landline number or you may be able to bring your landline number with you from another provide. This is called porting. The number is not owned by you and it’s possible we may need to change it. We’d only do this in unusual circumstances, e.g. 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.

Using wireless broadband and wireless landline

  1. Usage: If you often need more data than you’re meant to use with your plan, we may require you to move to another technology, reduce your data usage, move to another plan, or end your service. See your Plan Terms for details on usage too.
  2. Where you can use it: You can only use your Spark wireless service at the place where you told us you’d be installing it, unless we tell you otherwise. If you use it somewhere else, we may pause, end or restrict your service without notice. We retain this right so that we can manage the network and ensure that all customers using the network receive a reliable and consistent service. Please let us know if you’re moving, if it’s within Spark’s wireless broadband coverage area, you may be able to continue to use the service. If not, we can confirm what other broadband options are available.
  3. SIM: You agree to only use the SIM card with the wireless modem we provide.

Cancelling or changing your wireless broadband and wireless landline

  1. Your Plan Terms explain what happens if you cancel your service.
  2. Restoring fixed line services. If your wireless broadband service is disconnected for any reason, we can’t guarantee you’ll be able to connect back to a fixed line service.


3. Mobile

This section covers things that only apply if you’re on a mobile Pay Monthly plan or Prepaid pack. If you don’t have either of these, you can skip this section.

Getting started on a mobile service

  1. Your phone number: You can bring your mobile phone number with you from another provide. This is called porting. or we can give you a new one. While you’re with Spark, your mobile phone number remains our property so you cannot sell or transfer it to anyone. It’s possible we may sometimes need to change your phone number. But only very rarely, in unusual circumstances, would we do that and we’d give you reasonable notice beforehand. If you ever disagree with the way we’ve allocated phone numbers our decision will be final, as long as it’s reasonable and we’ve acted in good faith.

Using your mobile service

  1. Your mobile devices: You can only use mobile phones and devices that we’ve advised are ok to use with our network. Your mobile devices also need to comply with all relevant legislation and regulations. If you’ve bought a mobile device from us or from one of our approved sellers, you can be sure it’s approved for use on our network. Please note, you mustn’t use your mobile in any way that changes the true origin of calls you make or other information you send. Hiding your number or using caller ID blocking is fine.
  2. Your SIM card: You can’t connect one of our Spark SIM cards to another telecommunications network, unless we’ve advised otherwise.
  3. Fixed term contracts: If you’re a pay monthly customer with a fixed term contract, and you want to move to another plan or leave your plan, you will have to pay a fee if your fixed term contract hasn’t finished. Find out about these charges

Paying for prepaid services

  1. How you can pay: If you’re on prepaid, there are two ways you can pay for the service. You can buy a prepaid pack (plus any extras) straight from your credit or debit card. Or you can top up your prepaid account using one of the methods on spark.co.nz, then buy your pack and extras using your account balance. You’ll need to add credit to your account at least once a year or your account will be closed. Any credit, data, texts or minutes left on your account will expire if your prepaid account is closed.
  2. Auto Renew: If you’ve got a pack or extra set to automatically renew once it reaches its expiry date, you’ll need to make sure your chosen payment method is going to work. So if your Auto Renew is set up with a credit or debit card, you’ll need to make sure your card has enough money for the payment to be successful on your pack or extra renewal date. If your Auto Renew is set to pay from your account balance, you’ll need to make sure you have enough credit on your account before the renewal date. If your Auto Renew card payment fails, your plan or extra will go on hold for five days and you'll need to top up with enough credit to buy your plan or extra using your account balance.
  3. Auto Top Up: You can choose to have your prepaid account automatically Top Up on a date specified by you. You can set this up in MySpark online or the Spark app. We recommend not having an Auto Top Up in place if your pack or extra is set to automatically renew from a credit or debit card.
  4. Saving your card details: If you use your card for Auto Top Up and/or Auto Renew, we'll save your card details in our systems so that you can easily use your card again with Spark. You can delete or update your card details in MySpark online.

Rollover minutes

  1. Who’s eligible: Anyone with a rollover prepaid pack or rollover pay monthly plan with a set amount of NZ-only calling minutes can build up rollover minutes. NZ/AU minutes can’t roll over. Those on mobile plans that predate 11 September 2017, the Spark Unlimited plan, plans with unlimited calling minutes or plans that are paid for as part of a corporate contract aren’t eligible unless their contract specifically states that they are.
  2. Expiry: When your rollover plan or pack renews, any unused NZ minutes from that plan or pack will be added to your rollover minutes balance, up to a total of 500 minutes. You then have up to 365 days to use those minutes. If you change from prepaid to pay monthly, or pay monthly to prepaid, your rollover minutes will carry over to your new plan or pack. You can keep using them while you’re on a rollover plan or pack, until they expire.
  3. Using your rollover minutes: You can keep using your rollover minutes for as long as you’re on a rollover pack or plan, until the rollover minutes expire. If you move to an ineligible pack or plan, or if you’re on Prepaid and your pack didn’t renew, your rollover minutes will be frozen. While they’re frozen, the 365-day expiry period will keep running. To use your frozen rollover minutes again, before they expire, you’ll need to buy an eligible rollover pack or plan. When you do, you can also start collecting rollover minutes again.
  4. How many rollover minutes you can collect: You can’t have more than 500 rollover minutes at any time. Once you’ve reached 500, any new minutes that roll over will replace the oldest rollover minutes you already have. Rollover minutes are used in order of expiry, and minutes expiring soonest will always be used first.
  5. The order your minutes will be used: Your minutes will be used in the following order:

(a) Any minutes included in your plan or extra, in order of expiry.

(b) Any rollover minutes you’ve collected.

Data Stack

  1. Data Stack is available to customers on certain prepaid packs. View the list of eligible prepaid packs. You also need a current login to MySpark online or the Spark app.
  2. Data Stack will be automatically activated once eligibility has been met. Once activated, each Data Stack allowance will be available for you to use until the following occurs (whichever occurs first):

(a) The 28-day period which starts on your activation or pack renewal expires;

(b) Your current Data Stack allowance is used in its entirety; or

(c) You no longer meet the eligibility criteria.

  1. Renewal: At the end of the 28-day period of your previous Data Stack, a new Data Stack allowance will automatically be applied to your Spark prepaid mobile number if you meet the eligibility criteria. Should your eligible Value Pack fail to renew at the end of its cycle your Data Stack will be frozen. While your Data Stack is frozen, you will have a 14-day grace period to purchase an eligible Value Pack in order to automatically reactivate your existing Data Stack allowance.
  2. Data Stack amounts: The first Data Stack allowance you receive is 100MB. The Data Stack allowance will automatically increase by 100MB each successive 28-day period provided you meet the eligibility criteria. The maximum Data Stack allowance you can reach is 10GB. Once you’ve reached the 10GB data maximum, any future Data Stacks will remain capped at 10GB. Only one Data Stack will be applied to a Spark prepaid mobile phone number at a time. So if you have multiple eligible prepaid packs loaded on your Spark prepaid mobile phone number, you will not receive multiple Data Stacks. The amount of Data Stack is not related to the value of the eligible prepaid pack.

Rollover data

  1. Who’s eligible: Anyone with a rollover prepaid pack or rollover pay monthly plan can accumulate rollover data. Those on mobile plans that predate 11 September 2017, on Spark Unlimited plans or on plans that are paid for as part of a corporate contract are not eligible unless their contract specifically states that they are.
  2. Expiry: When your rollover plan or pack renews, any unused data from that plan or pack will be added to your rollover data balance, up to a total of 3.5GB. You then have up to 365 days to use that data. If you choose to change from prepaid to pay monthly, or pay monthly to prepaid, your rollover data balance will carry over to your new plan or pack where you can keep using it while you’re on a rollover plan or pack, until it expires.
  3. Using your rollover data: You can keep using any rollover data you have for as long as you’re on a rollover pack or plan, until the rollover data expires. If you move to an ineligible pack or plan, or if you’re on prepaid and your pack didn’t renew, your rollover data will be frozen. While your data’s frozen, the 365-day expiry period will keep running. To use your frozen rollover data again, before it expires, you’ll need to buy a rollover pack or plan. When you do, you can also start collecting rollover data again.
  4. How much rollover data you can collect: You can’t have more than 3.5GB of rollover data at any time. Once you’ve reached 3.5GB, any new data that rolls over will replace the oldest rollover data you already have. Rollover data is used in order of expiry, and data quantities expiring soonest will always be used first.

Order of data usage

  1. Your data balances will be used in the following order:

(a) Any data included in your Pay Monthly plan, prepaid pack, or extra, in order of expiry;

(b) Your Data Stack allowance (if eligible); and then

(c) Any rollover data you’ve collected. If you’re on a shared plan, your rollover data will be shared by the others users of the shared plan, in order of expiry.

Shared plans

  1. Who’s eligible: Shared plans let you share a pay monthly plan with tablets or other mobiles that are billed to the same customer account. Not all pay monthly plans are sharable and there are limits to the number of tablets or mobiles you can share an eligible plan with. Adding a tablet or mobile to a shareable plan will incur additional costs. There are limits to how many people you can add to a shared plan. Learn more about shared plans
  2. You need to nominate a primary mobile: The account holder needs to nominate one mobile number that’s billed to their account as the primary mobile of the shared plan. If the primary mobile is disconnected for any reason, the account holder will need to nominate a new primary mobile number. If they don’t, we’ll nominate one instead.
  3. Shared plan data controls: The account holder can set a limit on how much data each mobile or tablet receives from the shared plan each month. When those using the plan reach their set limit, they’ll get a notification. You can view shared plan data usage for each mobile or tablet in MySpark online or the Spark app.
  4. Charges: The account holder is responsible for all charges associated with the shared plan. The monthly cost of the shared plan will be charged against the primary mobile. And each mobile that the plan is shared with will be charged a monthly fee to use the shared plan. All this is set out in the pricing information for sharable plans on our website. Mobiles sharing a plan must all be on the same account number and will have the same billing cycle.

Using International Roaming

  1. Roaming allows you to call, text and use mobile data in countries that are included within Spark's roaming partner alliance.
  2. Roaming relies on overseas telecommunications networks, which Spark doesn’t own or control. This means we can’t guarantee that your roaming services will always be of the same standard you’d experience here in New Zealand. Not all services will be available while you’re roaming. If you try to connect to a network that isn’t supported by the Spark roaming partner alliance, you’ll get a notification from the network operator and their terms and conditions may apply.
  3. Roaming charges: Sometimes, we may need to change the structure and pricing of our roaming zones. When this happens, we’ll try to give you at least ten days’ notice by posting the changes on our website. Roaming charges are in addition to any other charges which apply to your mobile pack or plan. The charges for roaming will be set by Spark and the overseas operator. Prepaid and pay monthly customers have different roaming rates. Learn more about roaming and rates
  4. If you’re a prepaid customer, your roaming will be charged from your prepaid account balance (either on casual rates, or through the purchase of a roaming pack, depending on the destination you’re in). We may pause or end your roaming use if you keep roaming with no account balance for more than 60 consecutive days.
  5. It can take up to eight weeks for us to bill you for roaming services. Any delay in billing doesn’t change Spark’s right to charge you for your roaming, so you’ll still need to pay all charges in full when they’re due.

Changing or ending your mobile service

  1. Prepaid services: If you’re on a prepaid service, you can end your service at any time. Just cancel your auto renew settings and don’t top up your account balance for 12 months. You can also port your number to another service provider. You can only change your prepaid pack once every 28 days (though you can always buy another prepaid pack before your current one has finished). If you decide to move to a pay monthly plan, we can transfer your account balance to your new Pay Monthly account. Or if you want to end your prepaid service but you have broadband or a landline with Spark, we can transfer your account balance to your broadband or landline account.
  2. Pay monthly services: If you’re on a pay monthly plan, you can end your plan by giving us 30 days' notice. If you’re on one of our older pay monthly plans with a fixed term contract, check our General Terms for charges that may apply.
  3. Porting your number: You can take your number with you to another mobile service provider. To do this you’ll need to tell the other service provider, take any other necessary steps and pay any costs. We’ll pay any costs we are legally obliged to. If your number isn’t ported over to the other service provider before your agreement with us ends, it won’t be available for you to take with you.
  4. Information on your SIM: If you end your mobile service with us, any names, numbers or other information stored on your SIM card may be lost.


Definitions

Here’s what the words in bold mean. 

Definitions

Here’s what the words in bold mean.

Broadband means home internet. It includes ADSL, copper VDSL, fibre or wireless home internet. Wireless broadband means home internet that uses our mobile network, which is not ADSL, VDSL or fibre.

Extras are a set amount of text, data or call minutes that you can buy alongside your pack or plan and use for a set time. You can buy an extra as a one-off that expires automatically or you can pay for it to automatically renew.

Fixed term contract means the contract you have when you agree to buy services for a minimum length of time, like 12 or 24 months.

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

Fixed line services are broadband or landline services we provide to you or arrange for you over copper and fibre networks. They’re covered by our Fixed Terms.

Landline means a fibre, copper or wireless home phone connection. Sometimes we say wireless landline, which means a home phone connection over our mobile network.

Mobile and Wireless Terms are the terms you’re reading now. These apply to everyone receiving a Spark wireless service for personal use.

MySpark online means the platform on the Spark website where you can manage your account and preferences

Networks and our networks refers 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.

Pay monthly or pay monthly plan means the pricing you’ve agreed to pay monthly in return for services. If you’re on a pay monthly 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 are charged differently – see the definition for prepaid below.

Plan Terms are the particular terms and conditions relating to your wireless services plan. However there’s no plan terms for prepaid or most of our pay monthly plans. You just need to read these Mobile and Wireless Terms, the General Terms and the details of your plan, pack or extra available when you purchase them.

Port or porting means the process of transferring your mobile phone number from one mobile service provider to another mobile service provider.

Prepaid or prepaid pack or pack means a mobile service that you pay for before using. This also includes prepaid roaming and any extras or features you buy with your prepaid pack.

Prepaid account means the account which records details of the amount of credit you have available from time to time.

Roaming means a mobile service that lets you use your mobile phone in countries other than New Zealand. You can buy roaming services using prepaid or pay monthly accounts.

Rollover data is data included in your rollover Prepaid pack or rollover Pay Monthly plan, that you haven’t used by the end of your pack or plan cycle. Up to 3.5GB of this data can roll over into subsequent months for future use.

Rollover minutes are NZ-only minutes included in your rollover prepaid pack or rollover pay monthly plan, that you haven’t used by the end of your pack or plan cycle. Up to 500 minutes can roll over into subsequent months for future use.

Services are any service we provide.

Shared plan means an eligible pay monthly plan that can be shared between multiple tablets or mobiles on the same customer account.

SIM means any Spark SIM card that lets you access our wireless services.

Spark app means Spark's mobile application, where you can manage your account.

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.

Wireless services are any mobile telecommunications services we provide or arrange for you. This includes mobile, wireless broadband and wireless landline services.

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