The Unplan and Unplan Entertainment full Terms and Conditions

The Unplan and Unplan Entertainment full Terms and Conditions

The Unplan and Unplan Entertainment full Terms and Conditions

The Unplan and Unplan Entertainment Terms and Conditions Introduction

  • The following Terms apply to Spark customers who have Unplan or Unplan Entertainment services with us.
  • Unplan and Unplan Entertainment are broadband services delivered by either fibre or wireless broadband (4G) networks.
  • Unplan does not include Lightbox.
  • Unplan Entertainment includes Lightbox (and 6 months of Netflix on us).
  • These Unplan and Unplan Entertainment Terms comprise of this Introduction section and:
  • Part One: Terms for customers with a fibre connection.
  • Part Two: Terms for customers with a wireless broadband connection.
  • Part Three: additional terms for customers with:
  • Unplan Entertainment;
  • FAN PASS; and
  • A landline.

These Terms do not apply to Spark's business broadband customers. Business customers can find their broadband terms here.

Part One:
Terms for Customers With a Fibre Connection

For Unplan and Unplan Entertainment customers with a fibre connection, these Terms apply together with the Residential Customer Terms and Conditions. These Terms will prevail to the extent that they are inconsistent with the Residential Customer Terms and Conditions.

You will also be bound by your Local Fibre Company's (LFC) End User Terms. The LFC’s End User Terms relate to the provision (including installation) and use of that part of the LFC's network which is located on your premises. We will advise you who your LFC is at the time of placing your order for Spark Unplan Fibre Broadband. Your LFC's current End User Terms can be found here.

1. These Terms

The Unplan and Unplan Entertainment fibre broadband services are described in:

  • These Terms (which describe, for example, how to set up your fibre service and fibre broadband service limitations);
  • The Unplan and Unplan Entertainment product page, as set out on our website (describing the Unplan and Unplan Entertainment services); and

Together these make up the "Service Description" for the Unplan and Unplan Entertainment services. Please refer to Spark’s website set out more detail about the features, prices and other matters.

2. Getting set up

Technology selection, connection and availability

To use Unplan and Unplan Entertainment services, you must have a Spark account.

Unplan and Unplan Entertainment is not available in all areas and eligibility criteria apply.

Spark will select the most appropriate technology for you (fibre or wireless broadband) based on:

  • (a) the network technologies available at your address; and
  • (b) the usage patterns you indicate to us during the setup of the Unplan or Unplan Entertainment service at your address.

If either of the factors listed in (a) or (b) above changes during the term of your agreement, we may change your broadband (at our absolute discretion) to an alternative technology or a new plan.

If you have an existing broadband connection with another provider, you are responsible for arranging for disconnection of this service.

Speed

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 and 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 3rd parties that we use to provide the service to you.

FibreBASIC has a different speed depending on the UFB network in your area. Addresses in Whangarei, Hamilton, Whanganui, New Plymouth, Tokoroa, Hawera, Cambridge, Te Awamutu, Tauranga and Christchurch have a fibre network with the ability to deliver speeds up to 30mbps downstream and 10mbps upstream. The rest of NZ has a fibre network capable of delivering speeds of up to 50Mbps downstream and 10Mbps upstream.

Spark’s Unplan and Unplan Entertainment Fibre service uses FibreBASIC. If you require additional speed you can upgrade to alternative Fibre speeds (please refer to the Plans and Pricing schedule here.

Modem

You will need a modem to use the Unplan or Unplan Entertainment service. The modem requires mains power. In the event of a power failure, your broadband service will not be available, including access to emergency services. Make sure you have a charged mobile phone available for use in power outages including for emergencies.

Setting up your modem

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.

Unplan and Unplan Entertainment do not come with a landline which means you will not be able to make calls from a landline, including 111 calls. If you want to include a landline you will need to separately order this. Additional charges and terms apply.

Billing

Unplan and Unplan Entertainment charges include:

  • one off non-standard installation charge (if any);
  • one off $14.95 modem postage fee;
  • monthly Unplan or Unplan Entertainment fee. This is invoiced in arrears and is dependent on your data usage.
  • monthly landline charge if you select a landline with your Unplan or Unplan Entertainment.

For our current plans and charges please see our website. Check your bill for details, or call us on 123 if you have any queries.

Services available

Unplan and Unplan Entertainment do not come with a landline which means you will not be able to make calls from a landline, including 111 calls. If you want to include a landline you will need to separately order this. Additional charges and terms apply. Please refer to Part C (c) of this document for the landline terms.

Unplan does not come with Lightbox. Please select Unplan Entertainment if you want Lightbox.

3. Contract term and charging

Unplan and Unplan Entertainment has a 12 month term. If you terminate your plan before the end of your 12 month period, you will have to pay an early termination fee of $199. This is a genuine pre-estimate of the loss that we will incur as a result of your broadband account closing early. However, you will not be required to pay an early termination fee if you are closing your broadband account early as a result of:

  • negative change we have made to these Terms; or
  • an increase in the charges payable for your Unplan or Unplan Entertainment service, provided that such change was not a result of a change in the price from a supplier for an input to this service; or
  • a material reduction in the scope or quality of the service.

If you are already a Spark broadband customer, any recurring credits or discounts on your existing broadband account will cease when you switch to Unplan or Unplan Entertainment. This includes things like the $10 bundle up bonus.

You will start incurring charges for your Unplan or Unplan Entertainment service from the date you are connected to our fibre network or, if you are already connected to our network, from the date we transition you from your existing plan.

You must provide us with 30 days’ notice if you wish to cancel your Unplan or Unplan Entertainment service. If you change or remove your plan or package within 30 days, you will still be charged for the full month.

4. Changing, withholding, suspending, restricting, replacing or terminating Services

Despite our best efforts, we cannot guarantee that the Unplan or Unplan Entertainment service is fault free. In some cases, we may need to change, withhold, suspend, restrict, replace or terminate some or all of an Unplan or Unplan Entertainment service without notice. This may occur because systems or networks are being maintained or worked on, we (or our network operators) need to manage network traffic or access to the networks, we (or our service providers) are improving the functionality and attributes of the networks or services, or for other reasons we think are reasonably necessary.

Where we have changed, replaced or terminated the Unplan or Unplan Entertainment service (or any part of it), and we did this without providing you with prior notice in order to protect our network or services, we will advise you of the changes and the impact on you as soon as practicably possible following the change. If, acting reasonably, you consider that the change has a negative impact on your use of the Unplan or Unplan Entertainment service you can exercise your right to terminate the service.

We reserve the right to suspend, sign out, disconnect, terminate, or delete your broadband accounts (including sub accounts) or any communication session for any particular Unplan Broadband service that is inactive for a period of time. "Inactive" means that you have not used a particular Broadband Service or your broadband account for a period of time, as determined by us, when acting reasonably.

5. Our disclaimers

Content disclaimer

We do not and cannot supervise, edit or control the way in which you or other end users use the content, information or other material accessed through the Unplan and Unplan Entertainment services we provide to you.

We are not responsible for the content, information or other material accessed or provided by means of our Unplan and Unplan Entertainment service. You are responsible for all content, information or other material that you upload, download, post, email, or otherwise transmit, access or make available through the use of our Unplan and Unplan Entertainment service.

Spark has not reviewed all or any of the sites linked to the Unplan and Unplan Entertainment service and is not responsible for the content of any of those sites.

Third party infrastructure, systems and services

The Unplan and Unplan Entertainment service may be delivered to you using other providers' infrastructure and systems, for example, that of Chorus. We will use reasonable commercial efforts to ensure those providers deliver their infrastructure and systems to a reasonable standard but we are not liable or responsible for anything which occurs as a result of those other providers' infrastructure and systems.

We have not checked the accuracy or completeness of the information or the suitability or quality of the products and services of the third parties. You must make your own inquiries with the relevant third party supplier directly before relying on the third party information or entering into a transaction in relation to third party products and services supplied by means of our Unplan and Unplan Entertainment service. You should check with the third party supplier whether there are additional charges and terms which may apply.

Nothing in this clause 6 affects your rights under the Consumer Guarantees Act 1993 and the Fair Trading Act 1986 where services are acquired for personal, domestic or household use or consumption.

6. Changing to these Terms

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 will tell you about any changes by emailing or writing to you or SMS messaging you. We will tell you about changes to these Terms at least one month before they come into effect. If acting reasonably you consider that the change has a negative impact on your use of the Unplan and Unplan Entertainment service, you can exercise your right to terminate your Unplan or Unplan Entertainment service.

7. Technical information and terms

Data usage

Data usage is based on the amount of data transferred through your Spark broadband connection (both uploading and downloading) and can be expressed as megabytes or gigabytes (1000 megabytes). This can include overhead data usage which is required for establishing and maintaining the connection.

The Spark broadband usage meter is available for you to check on your data usage. The usage meter does not show your usage in real time. It is updated approximately every hour and, under normal conditions, will reflect usage up to 4 hours earlier. However, in some circumstances, such as when there are large numbers of users on the internet, it can sometimes take longer for your usage meter to be updated, particularly at the end of your billing month. It is important that you take this into account when tracking your usage. You can also set up broadband usage alerts.

Usage Alerts

Usage alerts are designed to help you keep tabs on your data usage, but ultimately it is your responsibility to monitor how many megabytes or gigabytes of data you have used. Some viruses can lead to unexpected use of data and this in turn can move you into the next pricing tier. You are entirely responsible for all data usage that occurs under your account, whether or not the usage is caused by a virus, including DOS attacks and any unauthorised usage and/or unrequested traffic. Remember, it is your responsibility to make sure you have sufficient security to meet your needs. For more information about internet security please visit our website.

Modem

Spark will provide you with a new or reconditioned modem so that you can connect to the Unplan or Unplan Entertainment service. Postage or courier charges apply when we send the modem to you. You agree to return the modem to us in good working order (along with the original packaging, all associated cables and other equipment originally supplied) if you cancel the plan within two years. Simply contact Spark and we will supply you with a prepaid courier bag.

Service Reliability

Although Spark is committed to providing a consistent and reliable Unplan and Unplan Entertainment service, there are a number of factors that influence broadband performance including matters beyond our control such as the configuration of your devices connected to the service. For this reason, we do not guarantee connection speed bandwidth, latency (delay) or bit rate through the network that we use to provide our Unplan and Unplan Entertainment service at any one point in time.

Should there be an outage, we cannot guarantee how quickly we can arrange for resolution of any problems with delivery of our Unplan and Unplan Entertainment service.

Spark broadband is not designed to support:

  • Virtual Private Networks (VPNs)
  • Two-way voice applications
  • Two-way video applications
  • Web servers

For these activities, we encourage you to contact 0800 22 55 98 to find out what alternatives are available.

Support

The stability and performance of your Unplan and Unplan Entertainment service can be affected by a number of potential faults. A fault can commonly originate from the network, phone line, your modem, or your computer. If the service is not meeting your expectations, our Customer Support team are trained to help you identify where the potential fault lies.

Occasionally network outages do occur. When they do, we record a message about the fault which you can hear when you call 0800 22 55 98. There is no charge for fixing such faults during our normal business hours except where you, or anyone you are responsible for, cause the fault or if the fault lies with your own equipment (e.g. your computer or internal premises wiring).

If we arrange for a service technician to visit your premises and the technician finds that there are no problems with the network (eg the fault lies within your premises’ wiring), you will be required to pay the cost of the service technician being sent out. We will let you know in advance what the potential charges to you could be.

If you are still having problems with your Unplan or Unplan Entertainment service, call us on 0800 22 55 98.

Fibre connection and installation

If you are not already connected to the fibre network, you will need to arrange a time for a Local Fibre Company technician to visit your premises. The technician will determine such matters as how the fibre will be connected from the street to your house, whether it will be a standard fibre installation or whether additional charges will apply for a non-standard installation.

A standard fibre installation includes installing and connecting:

  • the fibre cable from the street (of up to 200m) through your home;
  • the external termination point (ETP);
  • the optical network (ONT); and
  • the fibre enabled modem (RGW).

You may incur additional charges if you require a non-standard installation. You will be advised of the charges prior to the commencement of any installation work. Non-standard installations include:

  • where your house is more than 200m from the fibre access point on the street; and
  • if your RGW is installed at a location some distance away from the ONT and additional wiring is required.

Other points to note:

  • If you have ordered your Unplan or Unplan Entertainment service with a landline, there is a possibility that activation of your account may result in you experiencing a temporary loss of your landline. If this does occur, normal service is usually resumed within a few hours.
  • If, despite our reasonable efforts, your Spark Unplan or Unplan Entertainment installation fails (e.g. the technician is unable to get the service running), the Spark jackpoint and any other equipment will remain at your premises and you will not be charged for the installation.
  • If you decide to cancel your fibre broadband order, through no fault of Spark or the installer, after you have accepted your order and have been provided 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.

8. Department of Internal Affairs Digital Child Exploitation Filtering System

We will intercept communications for the purposes of the Department of Internal Affairs' Digital Child Exploitation Filtering System and in continuing to use your Unplan and Unplan Entertainment service, you acknowledge and consent to this.

Part Two:
Terms for Customers With a Wireless Broadband (4G) Connection

For Unplan and Unplan Entertainment customers with a wireless broadband connection, these Terms apply together with the Mobile Postpaid Agreement. These Terms will prevail to the extent they are inconsistent with the Mobile Postpaid Agreement.

1. These Terms

The Unplan and Unplan Entertainment wireless broadband services are described in:

  • these Terms (which describe, for example, how to set up your wireless broadband service and wireless broadband service limitations);
  • The Unplan and Unplan Entertainment product page, as set out on our website (describing the Unplan and Unplan Entertainment services); and

Together these make up the "Service Description" for the Unplan and Unplan Entertainment services. Please refer to Spark’s website set out more detail about the features, prices and other matters.

2. Getting set up

Technology selection, connection and availability

To use Unplan and Unplan Entertainment services, you must have a Spark account.

Unplan and Unplan Entertainment is not available in all areas and eligibility criteria apply.

Spark will select the most appropriate technology for you (fibre or wireless broadband) based on:

  • (a) the network technologies available at your address; and
  • (b) the usage patterns you indicate to us during the setup of the Unplan or Unplan Entertainment service at your address.

If either of the factors listed in (a) or (b) above changes during the term of your agreement, we may change your broadband (at our absolute discretion) to an alternative technology or a new plan.

Connection and installation

You may only use your Spark wireless broadband modem to receive the Unplan or Unplan Entertainment service at the installed location. If you use your Spark wireless broadband modem at another location we reserve the right to withhold, suspend, disconnect, or restrict your broadband service without notice. The reason we retain this right is that we need to be able to manage the network to ensure that all customers using the network receive a reliable and consistent service. If you are moving, please contact us. If you are moving within our Spark 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.

If your Unplan or Unplan Entertainment service is disconnected for any reason, we cannot guarantee you will be able to connect back to a fixed line broadband service, particularly if there are capacity issues in your area. An availability check will need to be done for your address if you choose to change to another broadband technology.

If you have an existing broadband connection with another provider, you are responsible for arranging for disconnection of this service.

Modem

You will need a modem to use the Unplan or Unplan Entertainment service. The modem requires mains power. In the event of a power failure, your broadband service will not be available, including access to emergency services. Make sure you have a charged mobile phone available for use in power outages including for emergencies.

The Spark wireless modem we send you will either be new or reconditioned and contains a SIM card. You may not use this SIM card in any other device. The SIM card remains our property and you must return it to Spark on reasonable request.

Billing

Unplan and Unplan Entertainment charges include:

  • one off non-standard installation charge (if any);
  • one off $14.95 modem postage fee;
  • monthly Unplan or Unplan Entertainment fee. This is invoiced in arrears and is dependent on your data usage.
  • monthly landline charge if you select a landline with your Unplan or Unplan Entertainment.

For our current plans and charges please see our website. Check your bill for details, or call us on 123 if you have any queries.

Services available

Unplan and Unplan Entertainment do not come with a landline which means you will not be able to make calls from a landline, including 111 calls. If you want to include a landline you will need to separately order this. Additional charges and terms apply. Please refer to Part C (c) of this document for the landline terms.

Unplan does not come with Lightbox. Please select Unplan Entertainment if you want Lightbox.

may only use your Spark wireless broadband modem to receive the services at the installed address. If you use this modem at another address we reserve the right to withhold, suspend, disconnect, or restrict your Unplan or Unplan Entertainment services 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. If you are moving, please contact us. If you are moving 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.

Speed

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 and 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 3rd parties that we use to provide the service to you (if any).

3. Contract term and charging

Unplan and Unplan Entertainment has a 12 month term. If you terminate your plan before the end of your 12 month period, you will have to pay an early termination fee of $199. This is a genuine pre-estimate of the loss that we will incur as a result of your broadband account closing early. However, you will not be required to pay an early termination fee if you are closing your broadband account early as a result of:

  • negative change we have made to these Terms; or
  • an increase in the charges payable for your Unplan or Unplan Entertainment service, provided that such change was not a result of a change in the price from a supplier for an input to this service; or
  • a material reduction in the scope or quality of the service.
  • we require you to migrate from the wireless broadband (4G) network to the fibre network.

If you are already a Spark broadband customer, any recurring credits or discounts on your existing broadband account will cease when you switch to Unplan or Unplan Entertainment. This includes things like the $10 bundle up bonus.

You will start incurring charges for your Unplan or Unplan Entertainment service from the date you are connected to our fibre network or, if you are already connected to our network, from the date we transition you from your existing plan.

You must provide us with 30 days’ notice if you wish to cancel your Unplan or Unplan Entertainment service. If you change, downgrade, upgrade or remove your plan or package within 30 days you will still be charged for the full month.

4. Changing, withholding, suspending, restricting, replacing or terminating Services

Your Unplan or Unplan Entertainment services are delivered via Spark’s 4G network. So that we can manage network traffic, if your data usage exceeds 300GB in a month or 180GB a month for 3 consecutive months, we may change you (at our discretion) to fibre or a new plan. If you consider that that the change to fibre or the new plan has a negative impact on you or your use of the service (or new service) you can exercise your right to terminate the service and no early termination fee will apply.

Despite our best efforts, we cannot guarantee that the Unplan or Unplan Entertainment service is fault free. In some cases, we may need to change, withhold, suspend, restrict, replace or terminate some or all of an Unplan or Unplan Entertainment service without notice. This may occur because systems or networks are being maintained or worked on, we (or our network operators) need to manage network traffic or access to the networks, we (or our service providers) are improving the functionality and attributes of the networks or services, or for other reasons we think are reasonably necessary.

Where we have changed, replaced or terminated the Unplan or Unplan Entertainment service (or any part of it), and we did this without providing you with prior notice in order to protect our network or services, we will advise you of the changes and the impact on you as soon as practicably possible following the change. If, acting reasonably, you consider that the change has a negative impact on your use of the Unplan or Unplan Entertainment service you can exercise your right to terminate the service.

We reserve the right to suspend, sign out, disconnect, terminate, or delete your broadband accounts (including sub accounts) or any communication session for any particular Unplan Broadband service that is inactive for a period of time. "Inactive" means that you have not used a particular Broadband Service or your broadband account for a period of time, as determined by us, when acting reasonably.

5. Content disclaimer

Content disclaimer

We do not and cannot supervise, edit or control the way in which you or other end users use the content, information or other material accessed through the Unplan and Unplan Entertainment services we provide to you.

We are not responsible for the content, information or other material accessed or provided by means of our Unplan and Unplan Entertainment service. You are responsible for all content, information or other material that you upload, download, post, email, or otherwise transmit, access or make available through the use of our Unplan and Unplan Entertainment service.

Spark has not reviewed all or any of the sites linked to the Unplan and Unplan Entertainment service and is not responsible for the content of any of those sites.

6. Changing to these Terms

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 will tell you about any changes by emailing or writing to you or SMS messaging you. We will tell you about changes to these Terms at least one month before they come into effect. If acting reasonably you consider that the change has a negative impact on your use of the Unplan and Unplan Entertainment service, you can exercise your right to terminate your Unplan or Unplan Entertainment service.

7. Technical information and terms

Data usage

Data usage is based on the amount of data transferred through your Spark broadband connection (both uploading and downloading) and can be expressed as megabytes or gigabytes (1000 megabytes). This can include overhead data usage which is required for establishing and maintaining the connection.

The Spark broadband usage meter is available for you to check on your data usage. The usage meter does not show your usage in real time. It is updated approximately every hour and, under normal conditions, will reflect usage up to 4 hours earlier. However, in some circumstances, such as when there are large numbers of users on the internet, it can sometimes take longer for your usage meter to be updated, particularly at the end of your billing month. It is important that you take this into account when tracking your usage. You can also set up broadband usage alerts.

Usage Alerts

Usage alerts are designed to help you keep tabs on your data usage, but ultimately it is your responsibility to monitor how many megabytes or gigabytes of data you have used. Some viruses can lead to unexpected use of data and this in turn can move you into the next pricing tier. You are entirely responsible for all data usage that occurs under your account, whether or not the usage is caused by a virus, including DOS attacks and any unauthorised usage and/or unrequested traffic. Remember, it is your responsibility to make sure you have sufficient security to meet your needs. For more information about internet security please visit our website.

Modem

Spark will provide you with a new or reconditioned modem so that you can connect to the Unplan or Unplan Entertainment service. Postage or courier charges apply when we send the modem to you. You agree to return the modem to us in good working order (along with the original packaging, all associated cables and other equipment originally supplied) if you cancel the plan within two years. Simply contact Spark and we will supply you with a prepaid courier bag.

Service Reliability

Although Spark is committed to providing a consistent and reliable Unplan and Unplan Entertainment service, there are a number of factors that influence broadband performance including matters beyond our control such as the configuration of your devices connected to the service. For this reason, we do not guarantee connection speed bandwidth, latency (delay) or bit rate through the network that we use to provide our Unplan and Unplan Entertainment service at any one point in time.

As the Unplan and Unplan Entertainment service can occasionally go down, you should take this into account when choosing this product and what you will want to use it for. We cannot guarantee how quickly we can arrange for resolution of any problems with delivery of our Unplan and Unplan Entertainment service.

Spark broadband is not designed to support:

  • Virtual Private Networks (VPNs)
  • Two-way voice applications
  • Two-way video applications
  • Web servers

For these activities, we encourage you to contact 0800 22 55 98 to find out what alternatives are available.

Support

The stability and performance of your Unplan and Unplan Entertainment service can be affected by a number of potential faults. A fault can commonly originate from the network, phone line, your modem, or your computer. If the service is not meeting your expectations, our Customer Support team are trained to help you identify where the potential fault lies.

Occasionally network outages do occur. When they do, we record a message about the fault which you can hear when you call 0800 22 55 98. There is no charge for fixing such faults during our normal business hours except where you, or anyone you are responsible for, cause the fault or if the fault lies with your own equipment (e.g. your computer or internal premises wiring).

If we arrange for a service technician to visit your premises and the technician finds that there are no problems with the network (eg the fault lies within your premises’ wiring), you will be required to pay the cost of the service technician being sent out. We will let you know in advance what the potential charges to you could be.

If you are still having problems with your Unplan or Unplan Entertainment service, call us on 0800 22 55 98.

8. Department of Internal Affairs Digital Child Exploitation Filtering System

We will intercept communications for the purposes of the Department of Internal Affairs' Digital Child Exploitation Filtering System and in continuing to use your Unplan and Unplan Entertainment service, you acknowledge and consent to this.

Part Three:
Additional Terms

In addition to the Introduction Section and Part One (for fibre customers) or Part Two (for wireless broadband customers), if you are purchasing:

  • Unplan Entertainment, then section (A) of Part Three applies;
  • FAN PASS, then section (B) of Part Three applies; and/or
  • A landline service, then section (C) of Part Three applies.

(A) Unplan Entertainment Terms

When you sign up to up to Unplan Entertainment, you will receive:

(B) Fan Pass Terms

  • You are entitled to purchase 12 months of FAN PASS at $30 per month with your Unplan or Unplan Entertainmen plan. Please refer to https://www.spark.co.nz/getmore/fanpass/ for Spark’s FAN PASS terms and conditions.

(C) Landline Terms

  • The landline is reliant on power. If there is a power outage you won't be able to call emergency services so it’s important to have a mobile phone available for emergencies.
  • You can use portable cordless phones (which are available from Spark) if you need multiple phones in your home (as this service does not use a copper connection or phone jack points in your home).
  • This landline service does not come with a copper phone line so it may not be compatible with all third party services including monitored medical or security alarms and interactive features on SKY digital. It is your responsibility to check with your service provider and make suitable arrangements. Take care to advise your service provider if your Unplan or Unplan Entertainment service is delivered over wireless broadband (4G) technology to ensure their service is compatible with wireless technology.
  • From the commencement date of your Unplan service, all your National and International calls will be provided and invoiced by Spark.
  • Spark terms and conditions apply. Please see our website at https://www.spark.co.nz/help/other/terms/.

The Unplan and Unplan Entertainment Terms and Conditions Introduction

  • The following Terms apply to Spark customers who have Unplan or Unplan Entertainment services with us.
  • Unplan and Unplan Entertainment are broadband services delivered by either fibre or wireless broadband (4G) networks.
  • Unplan does not include Lightbox.
  • Unplan Entertainment includes Lightbox (and 6 months of Netflix on us).
  • These Unplan and Unplan Entertainment Terms comprise of this Introduction section and:
  • Part One: Terms for customers with a fibre connection.
  • Part Two: Terms for customers with a wireless broadband connection.
  • Part Three: additional terms for customers with:
  • Unplan Entertainment;
  • FAN PASS; and
  • A landline.

These Terms do not apply to Spark's business broadband customers. Business customers can find their broadband terms here.

Part One:
Terms for Customers With a Fibre Connection

For Unplan and Unplan Entertainment customers with a fibre connection, these Terms apply together with the Residential Customer Terms and Conditions. These Terms will prevail to the extent that they are inconsistent with the Residential Customer Terms and Conditions.

You will also be bound by your Local Fibre Company's (LFC) End User Terms. The LFC’s End User Terms relate to the provision (including installation) and use of that part of the LFC's network which is located on your premises. We will advise you who your LFC is at the time of placing your order for Spark Unplan Fibre Broadband. Your LFC's current End User Terms can be found here.

1. These Terms

The Unplan and Unplan Entertainment fibre broadband services are described in:

  • These Terms (which describe, for example, how to set up your fibre service and fibre broadband service limitations);
  • The Unplan and Unplan Entertainment product page, as set out on our website (describing the Unplan and Unplan Entertainment services); and

Together these make up the "Service Description" for the Unplan and Unplan Entertainment services. Please refer to Spark’s website set out more detail about the features, prices and other matters.

2. Getting set up

Technology selection, connection and availability

To use Unplan and Unplan Entertainment services, you must have a Spark account.

Unplan and Unplan Entertainment is not available in all areas and eligibility criteria apply.

Spark will select the most appropriate technology for you (fibre or wireless broadband) based on:

  • (a) the network technologies available at your address; and
  • (b) the usage patterns you indicate to us during the setup of the Unplan or Unplan Entertainment service at your address.

If either of the factors listed in (a) or (b) above changes during the term of your agreement, we may change your broadband (at our absolute discretion) to an alternative technology or a new plan.

If you have an existing broadband connection with another provider, you are responsible for arranging for disconnection of this service.

Speed

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 and 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 3rd parties that we use to provide the service to you.

FibreBASIC has a different speed depending on the UFB network in your area. Addresses in Whangarei, Hamilton, Whanganui, New Plymouth, Tokoroa, Hawera, Cambridge, Te Awamutu, Tauranga and Christchurch have a fibre network with the ability to deliver speeds up to 30mbps downstream and 10mbps upstream. The rest of NZ has a fibre network capable of delivering speeds of up to 50Mbps downstream and 10Mbps upstream.

Spark’s Unplan and Unplan Entertainment Fibre service uses FibreBASIC. If you require additional speed you can upgrade to alternative Fibre speeds (please refer to the Plans and Pricing schedule here.

Modem

You will need a modem to use the Unplan or Unplan Entertainment service. The modem requires mains power. In the event of a power failure, your broadband service will not be available, including access to emergency services. Make sure you have a charged mobile phone available for use in power outages including for emergencies.

Setting up your modem

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.

Unplan and Unplan Entertainment do not come with a landline which means you will not be able to make calls from a landline, including 111 calls. If you want to include a landline you will need to separately order this. Additional charges and terms apply.

Billing

Unplan and Unplan Entertainment charges include:

  • one off non-standard installation charge (if any);
  • one off $14.95 modem postage fee;
  • monthly Unplan or Unplan Entertainment fee. This is invoiced in arrears and is dependent on your data usage.
  • monthly landline charge if you select a landline with your Unplan or Unplan Entertainment.

For our current plans and charges please see our website. Check your bill for details, or call us on 123 if you have any queries.

Services available

Unplan and Unplan Entertainment do not come with a landline which means you will not be able to make calls from a landline, including 111 calls. If you want to include a landline you will need to separately order this. Additional charges and terms apply. Please refer to Part C (c) of this document for the landline terms.

Unplan does not come with Lightbox. Please select Unplan Entertainment if you want Lightbox.

3. Contract term and charging

Unplan and Unplan Entertainment has a 12 month term. If you terminate your plan before the end of your 12 month period, you will have to pay an early termination fee of $199. This is a genuine pre-estimate of the loss that we will incur as a result of your broadband account closing early. However, you will not be required to pay an early termination fee if you are closing your broadband account early as a result of:

  • negative change we have made to these Terms; or
  • an increase in the charges payable for your Unplan or Unplan Entertainment service, provided that such change was not a result of a change in the price from a supplier for an input to this service; or
  • a material reduction in the scope or quality of the service.

If you are already a Spark broadband customer, any recurring credits or discounts on your existing broadband account will cease when you switch to Unplan or Unplan Entertainment. This includes things like the $10 bundle up bonus.

You will start incurring charges for your Unplan or Unplan Entertainment service from the date you are connected to our fibre network or, if you are already connected to our network, from the date we transition you from your existing plan.

You must provide us with 30 days’ notice if you wish to cancel your Unplan or Unplan Entertainment service. If you change or remove your plan or package within 30 days, you will still be charged for the full month.

4. Changing, withholding, suspending, restricting, replacing or terminating Services

Despite our best efforts, we cannot guarantee that the Unplan or Unplan Entertainment service is fault free. In some cases, we may need to change, withhold, suspend, restrict, replace or terminate some or all of an Unplan or Unplan Entertainment service without notice. This may occur because systems or networks are being maintained or worked on, we (or our network operators) need to manage network traffic or access to the networks, we (or our service providers) are improving the functionality and attributes of the networks or services, or for other reasons we think are reasonably necessary.

Where we have changed, replaced or terminated the Unplan or Unplan Entertainment service (or any part of it), and we did this without providing you with prior notice in order to protect our network or services, we will advise you of the changes and the impact on you as soon as practicably possible following the change. If, acting reasonably, you consider that the change has a negative impact on your use of the Unplan or Unplan Entertainment service you can exercise your right to terminate the service.

We reserve the right to suspend, sign out, disconnect, terminate, or delete your broadband accounts (including sub accounts) or any communication session for any particular Unplan Broadband service that is inactive for a period of time. "Inactive" means that you have not used a particular Broadband Service or your broadband account for a period of time, as determined by us, when acting reasonably.

5. Our disclaimers

Content disclaimer

We do not and cannot supervise, edit or control the way in which you or other end users use the content, information or other material accessed through the Unplan and Unplan Entertainment services we provide to you.

We are not responsible for the content, information or other material accessed or provided by means of our Unplan and Unplan Entertainment service. You are responsible for all content, information or other material that you upload, download, post, email, or otherwise transmit, access or make available through the use of our Unplan and Unplan Entertainment service.

Spark has not reviewed all or any of the sites linked to the Unplan and Unplan Entertainment service and is not responsible for the content of any of those sites.

Third party infrastructure, systems and services

The Unplan and Unplan Entertainment service may be delivered to you using other providers' infrastructure and systems, for example, that of Chorus. We will use reasonable commercial efforts to ensure those providers deliver their infrastructure and systems to a reasonable standard but we are not liable or responsible for anything which occurs as a result of those other providers' infrastructure and systems.

We have not checked the accuracy or completeness of the information or the suitability or quality of the products and services of the third parties. You must make your own inquiries with the relevant third party supplier directly before relying on the third party information or entering into a transaction in relation to third party products and services supplied by means of our Unplan and Unplan Entertainment service. You should check with the third party supplier whether there are additional charges and terms which may apply.

Nothing in this clause 6 affects your rights under the Consumer Guarantees Act 1993 and the Fair Trading Act 1986 where services are acquired for personal, domestic or household use or consumption.

6. Changing to these Terms

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 will tell you about any changes by emailing or writing to you or SMS messaging you. We will tell you about changes to these Terms at least one month before they come into effect. If acting reasonably you consider that the change has a negative impact on your use of the Unplan and Unplan Entertainment service, you can exercise your right to terminate your Unplan or Unplan Entertainment service.

7. Technical information and terms

Data usage

Data usage is based on the amount of data transferred through your Spark broadband connection (both uploading and downloading) and can be expressed as megabytes or gigabytes (1000 megabytes). This can include overhead data usage which is required for establishing and maintaining the connection.

The Spark broadband usage meter is available for you to check on your data usage. The usage meter does not show your usage in real time. It is updated approximately every hour and, under normal conditions, will reflect usage up to 4 hours earlier. However, in some circumstances, such as when there are large numbers of users on the internet, it can sometimes take longer for your usage meter to be updated, particularly at the end of your billing month. It is important that you take this into account when tracking your usage. You can also set up broadband usage alerts.

Usage Alerts

Usage alerts are designed to help you keep tabs on your data usage, but ultimately it is your responsibility to monitor how many megabytes or gigabytes of data you have used. Some viruses can lead to unexpected use of data and this in turn can move you into the next pricing tier. You are entirely responsible for all data usage that occurs under your account, whether or not the usage is caused by a virus, including DOS attacks and any unauthorised usage and/or unrequested traffic. Remember, it is your responsibility to make sure you have sufficient security to meet your needs. For more information about internet security please visit our website.

Modem

Spark will provide you with a new or reconditioned modem so that you can connect to the Unplan or Unplan Entertainment service. Postage or courier charges apply when we send the modem to you. You agree to return the modem to us in good working order (along with the original packaging, all associated cables and other equipment originally supplied) if you cancel the plan within two years. Simply contact Spark and we will supply you with a prepaid courier bag.

Service Reliability

Although Spark is committed to providing a consistent and reliable Unplan and Unplan Entertainment service, there are a number of factors that influence broadband performance including matters beyond our control such as the configuration of your devices connected to the service. For this reason, we do not guarantee connection speed bandwidth, latency (delay) or bit rate through the network that we use to provide our Unplan and Unplan Entertainment service at any one point in time.

Should there be an outage, we cannot guarantee how quickly we can arrange for resolution of any problems with delivery of our Unplan and Unplan Entertainment service.

Spark broadband is not designed to support:

  • Virtual Private Networks (VPNs)
  • Two-way voice applications
  • Two-way video applications
  • Web servers

For these activities, we encourage you to contact 0800 22 55 98 to find out what alternatives are available.

Support

The stability and performance of your Unplan and Unplan Entertainment service can be affected by a number of potential faults. A fault can commonly originate from the network, phone line, your modem, or your computer. If the service is not meeting your expectations, our Customer Support team are trained to help you identify where the potential fault lies.

Occasionally network outages do occur. When they do, we record a message about the fault which you can hear when you call 0800 22 55 98. There is no charge for fixing such faults during our normal business hours except where you, or anyone you are responsible for, cause the fault or if the fault lies with your own equipment (e.g. your computer or internal premises wiring).

If we arrange for a service technician to visit your premises and the technician finds that there are no problems with the network (eg the fault lies within your premises’ wiring), you will be required to pay the cost of the service technician being sent out. We will let you know in advance what the potential charges to you could be.

If you are still having problems with your Unplan or Unplan Entertainment service, call us on 0800 22 55 98.

Fibre connection and installation

If you are not already connected to the fibre network, you will need to arrange a time for a Local Fibre Company technician to visit your premises. The technician will determine such matters as how the fibre will be connected from the street to your house, whether it will be a standard fibre installation or whether additional charges will apply for a non-standard installation.

A standard fibre installation includes installing and connecting:

  • the fibre cable from the street (of up to 200m) through your home;
  • the external termination point (ETP);
  • the optical network (ONT); and
  • the fibre enabled modem (RGW).

You may incur additional charges if you require a non-standard installation. You will be advised of the charges prior to the commencement of any installation work. Non-standard installations include:

  • where your house is more than 200m from the fibre access point on the street; and
  • if your RGW is installed at a location some distance away from the ONT and additional wiring is required.

Other points to note:

  • If you have ordered your Unplan or Unplan Entertainment service with a landline, there is a possibility that activation of your account may result in you experiencing a temporary loss of your landline. If this does occur, normal service is usually resumed within a few hours.
  • If, despite our reasonable efforts, your Spark Unplan or Unplan Entertainment installation fails (e.g. the technician is unable to get the service running), the Spark jackpoint and any other equipment will remain at your premises and you will not be charged for the installation.
  • If you decide to cancel your fibre broadband order, through no fault of Spark or the installer, after you have accepted your order and have been provided 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.

8. Department of Internal Affairs Digital Child Exploitation Filtering System

We will intercept communications for the purposes of the Department of Internal Affairs' Digital Child Exploitation Filtering System and in continuing to use your Unplan and Unplan Entertainment service, you acknowledge and consent to this.

Part Two:
Terms for Customers With a Wireless Broadband (4G) Connection

For Unplan and Unplan Entertainment customers with a wireless broadband connection, these Terms apply together with the Mobile Postpaid Agreement. These Terms will prevail to the extent they are inconsistent with the Mobile Postpaid Agreement.

1. These Terms

The Unplan and Unplan Entertainment wireless broadband services are described in:

  • these Terms (which describe, for example, how to set up your wireless broadband service and wireless broadband service limitations);
  • The Unplan and Unplan Entertainment product page, as set out on our website (describing the Unplan and Unplan Entertainment services); and

Together these make up the "Service Description" for the Unplan and Unplan Entertainment services. Please refer to Spark’s website set out more detail about the features, prices and other matters.

2. Getting set up

Technology selection, connection and availability

To use Unplan and Unplan Entertainment services, you must have a Spark account.

Unplan and Unplan Entertainment is not available in all areas and eligibility criteria apply.

Spark will select the most appropriate technology for you (fibre or wireless broadband) based on:

  • (a) the network technologies available at your address; and
  • (b) the usage patterns you indicate to us during the setup of the Unplan or Unplan Entertainment service at your address.

If either of the factors listed in (a) or (b) above changes during the term of your agreement, we may change your broadband (at our absolute discretion) to an alternative technology or a new plan.

Connection and installation

You may only use your Spark wireless broadband modem to receive the Unplan or Unplan Entertainment service at the installed location. If you use your Spark wireless broadband modem at another location we reserve the right to withhold, suspend, disconnect, or restrict your broadband service without notice. The reason we retain this right is that we need to be able to manage the network to ensure that all customers using the network receive a reliable and consistent service. If you are moving, please contact us. If you are moving within our Spark 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.

If your Unplan or Unplan Entertainment service is disconnected for any reason, we cannot guarantee you will be able to connect back to a fixed line broadband service, particularly if there are capacity issues in your area. An availability check will need to be done for your address if you choose to change to another broadband technology.

If you have an existing broadband connection with another provider, you are responsible for arranging for disconnection of this service.

Modem

You will need a modem to use the Unplan or Unplan Entertainment service. The modem requires mains power. In the event of a power failure, your broadband service will not be available, including access to emergency services. Make sure you have a charged mobile phone available for use in power outages including for emergencies.

The Spark wireless modem we send you will either be new or reconditioned and contains a SIM card. You may not use this SIM card in any other device. The SIM card remains our property and you must return it to Spark on reasonable request.

Billing

Unplan and Unplan Entertainment charges include:

  • one off non-standard installation charge (if any);
  • one off $14.95 modem postage fee;
  • monthly Unplan or Unplan Entertainment fee. This is invoiced in arrears and is dependent on your data usage.
  • monthly landline charge if you select a landline with your Unplan or Unplan Entertainment.

For our current plans and charges please see our website. Check your bill for details, or call us on 123 if you have any queries.

Services available

Unplan and Unplan Entertainment do not come with a landline which means you will not be able to make calls from a landline, including 111 calls. If you want to include a landline you will need to separately order this. Additional charges and terms apply. Please refer to Part C (c) of this document for the landline terms.

Unplan does not come with Lightbox. Please select Unplan Entertainment if you want Lightbox.

may only use your Spark wireless broadband modem to receive the services at the installed address. If you use this modem at another address we reserve the right to withhold, suspend, disconnect, or restrict your Unplan or Unplan Entertainment services 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. If you are moving, please contact us. If you are moving 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.

Speed

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 and 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 3rd parties that we use to provide the service to you (if any).

3. Contract term and charging

Unplan and Unplan Entertainment has a 12 month term. If you terminate your plan before the end of your 12 month period, you will have to pay an early termination fee of $199. This is a genuine pre-estimate of the loss that we will incur as a result of your broadband account closing early. However, you will not be required to pay an early termination fee if you are closing your broadband account early as a result of:

  • negative change we have made to these Terms; or
  • an increase in the charges payable for your Unplan or Unplan Entertainment service, provided that such change was not a result of a change in the price from a supplier for an input to this service; or
  • a material reduction in the scope or quality of the service.
  • we require you to migrate from the wireless broadband (4G) network to the fibre network.

If you are already a Spark broadband customer, any recurring credits or discounts on your existing broadband account will cease when you switch to Unplan or Unplan Entertainment. This includes things like the $10 bundle up bonus.

You will start incurring charges for your Unplan or Unplan Entertainment service from the date you are connected to our fibre network or, if you are already connected to our network, from the date we transition you from your existing plan.

You must provide us with 30 days’ notice if you wish to cancel your Unplan or Unplan Entertainment service. If you change, downgrade, upgrade or remove your plan or package within 30 days you will still be charged for the full month.

4. Changing, withholding, suspending, restricting, replacing or terminating Services

Your Unplan or Unplan Entertainment services are delivered via Spark’s 4G network. So that we can manage network traffic, if your data usage exceeds 300GB in a month or 180GB a month for 3 consecutive months, we may change you (at our discretion) to fibre or a new plan. If you consider that that the change to fibre or the new plan has a negative impact on you or your use of the service (or new service) you can exercise your right to terminate the service and no early termination fee will apply.

Despite our best efforts, we cannot guarantee that the Unplan or Unplan Entertainment service is fault free. In some cases, we may need to change, withhold, suspend, restrict, replace or terminate some or all of an Unplan or Unplan Entertainment service without notice. This may occur because systems or networks are being maintained or worked on, we (or our network operators) need to manage network traffic or access to the networks, we (or our service providers) are improving the functionality and attributes of the networks or services, or for other reasons we think are reasonably necessary.

Where we have changed, replaced or terminated the Unplan or Unplan Entertainment service (or any part of it), and we did this without providing you with prior notice in order to protect our network or services, we will advise you of the changes and the impact on you as soon as practicably possible following the change. If, acting reasonably, you consider that the change has a negative impact on your use of the Unplan or Unplan Entertainment service you can exercise your right to terminate the service.

We reserve the right to suspend, sign out, disconnect, terminate, or delete your broadband accounts (including sub accounts) or any communication session for any particular Unplan Broadband service that is inactive for a period of time. "Inactive" means that you have not used a particular Broadband Service or your broadband account for a period of time, as determined by us, when acting reasonably.

5. Content disclaimer

Content disclaimer

We do not and cannot supervise, edit or control the way in which you or other end users use the content, information or other material accessed through the Unplan and Unplan Entertainment services we provide to you.

We are not responsible for the content, information or other material accessed or provided by means of our Unplan and Unplan Entertainment service. You are responsible for all content, information or other material that you upload, download, post, email, or otherwise transmit, access or make available through the use of our Unplan and Unplan Entertainment service.

Spark has not reviewed all or any of the sites linked to the Unplan and Unplan Entertainment service and is not responsible for the content of any of those sites.

6. Changing to these Terms

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 will tell you about any changes by emailing or writing to you or SMS messaging you. We will tell you about changes to these Terms at least one month before they come into effect. If acting reasonably you consider that the change has a negative impact on your use of the Unplan and Unplan Entertainment service, you can exercise your right to terminate your Unplan or Unplan Entertainment service.

7. Technical information and terms

Data usage

Data usage is based on the amount of data transferred through your Spark broadband connection (both uploading and downloading) and can be expressed as megabytes or gigabytes (1000 megabytes). This can include overhead data usage which is required for establishing and maintaining the connection.

The Spark broadband usage meter is available for you to check on your data usage. The usage meter does not show your usage in real time. It is updated approximately every hour and, under normal conditions, will reflect usage up to 4 hours earlier. However, in some circumstances, such as when there are large numbers of users on the internet, it can sometimes take longer for your usage meter to be updated, particularly at the end of your billing month. It is important that you take this into account when tracking your usage. You can also set up broadband usage alerts.

Usage Alerts

Usage alerts are designed to help you keep tabs on your data usage, but ultimately it is your responsibility to monitor how many megabytes or gigabytes of data you have used. Some viruses can lead to unexpected use of data and this in turn can move you into the next pricing tier. You are entirely responsible for all data usage that occurs under your account, whether or not the usage is caused by a virus, including DOS attacks and any unauthorised usage and/or unrequested traffic. Remember, it is your responsibility to make sure you have sufficient security to meet your needs. For more information about internet security please visit our website.

Modem

Spark will provide you with a new or reconditioned modem so that you can connect to the Unplan or Unplan Entertainment service. Postage or courier charges apply when we send the modem to you. You agree to return the modem to us in good working order (along with the original packaging, all associated cables and other equipment originally supplied) if you cancel the plan within two years. Simply contact Spark and we will supply you with a prepaid courier bag.

Service Reliability

Although Spark is committed to providing a consistent and reliable Unplan and Unplan Entertainment service, there are a number of factors that influence broadband performance including matters beyond our control such as the configuration of your devices connected to the service. For this reason, we do not guarantee connection speed bandwidth, latency (delay) or bit rate through the network that we use to provide our Unplan and Unplan Entertainment service at any one point in time.

As the Unplan and Unplan Entertainment service can occasionally go down, you should take this into account when choosing this product and what you will want to use it for. We cannot guarantee how quickly we can arrange for resolution of any problems with delivery of our Unplan and Unplan Entertainment service.

Spark broadband is not designed to support:

  • Virtual Private Networks (VPNs)
  • Two-way voice applications
  • Two-way video applications
  • Web servers

For these activities, we encourage you to contact 0800 22 55 98 to find out what alternatives are available.

Support

The stability and performance of your Unplan and Unplan Entertainment service can be affected by a number of potential faults. A fault can commonly originate from the network, phone line, your modem, or your computer. If the service is not meeting your expectations, our Customer Support team are trained to help you identify where the potential fault lies.

Occasionally network outages do occur. When they do, we record a message about the fault which you can hear when you call 0800 22 55 98. There is no charge for fixing such faults during our normal business hours except where you, or anyone you are responsible for, cause the fault or if the fault lies with your own equipment (e.g. your computer or internal premises wiring).

If we arrange for a service technician to visit your premises and the technician finds that there are no problems with the network (eg the fault lies within your premises’ wiring), you will be required to pay the cost of the service technician being sent out. We will let you know in advance what the potential charges to you could be.

If you are still having problems with your Unplan or Unplan Entertainment service, call us on 0800 22 55 98.

8. Department of Internal Affairs Digital Child Exploitation Filtering System

We will intercept communications for the purposes of the Department of Internal Affairs' Digital Child Exploitation Filtering System and in continuing to use your Unplan and Unplan Entertainment service, you acknowledge and consent to this.

Part Three:
Additional Terms

In addition to the Introduction Section and Part One (for fibre customers) or Part Two (for wireless broadband customers), if you are purchasing:

  • Unplan Entertainment, then section (A) of Part Three applies;
  • FAN PASS, then section (B) of Part Three applies; and/or
  • A landline service, then section (C) of Part Three applies.

(A) Unplan Entertainment Terms

When you sign up to up to Unplan Entertainment, you will receive:

(B) Fan Pass Terms

  • You are entitled to purchase 12 months of FAN PASS at $30 per month with your Unplan or Unplan Entertainmen plan. Please refer to https://www.spark.co.nz/getmore/fanpass/ for Spark’s FAN PASS terms and conditions.

(C) Landline Terms

  • The landline is reliant on power. If there is a power outage you won't be able to call emergency services so it’s important to have a mobile phone available for emergencies.
  • You can use portable cordless phones (which are available from Spark) if you need multiple phones in your home (as this service does not use a copper connection or phone jack points in your home).
  • This landline service does not come with a copper phone line so it may not be compatible with all third party services including monitored medical or security alarms and interactive features on SKY digital. It is your responsibility to check with your service provider and make suitable arrangements. Take care to advise your service provider if your Unplan or Unplan Entertainment service is delivered over wireless broadband (4G) technology to ensure their service is compatible with wireless technology.
  • From the commencement date of your Unplan service, all your National and International calls will be provided and invoiced by Spark.
  • Spark terms and conditions apply. Please see our website at https://www.spark.co.nz/help/other/terms/.

The Unplan and Unplan Entertainment Terms and Conditions Introduction

  • The following Terms apply to Spark customers who have Unplan or Unplan Entertainment services with us.
  • Unplan and Unplan Entertainment are broadband services delivered by either fibre or wireless broadband (4G) networks.
  • Unplan does not include Lightbox.
  • Unplan Entertainment includes Lightbox (and 6 months of Netflix on us).
  • These Unplan and Unplan Entertainment Terms comprise of this Introduction section and:
  • Part One: Terms for customers with a fibre connection.
  • Part Two: Terms for customers with a wireless broadband connection.
  • Part Three: additional terms for customers with:
  • Unplan Entertainment;
  • FAN PASS; and
  • A landline.

These Terms do not apply to Spark's business broadband customers. Business customers can find their broadband terms here.

Part One:
Terms for Customers With a Fibre Connection

For Unplan and Unplan Entertainment customers with a fibre connection, these Terms apply together with the Residential Customer Terms and Conditions. These Terms will prevail to the extent that they are inconsistent with the Residential Customer Terms and Conditions.

You will also be bound by your Local Fibre Company's (LFC) End User Terms. The LFC’s End User Terms relate to the provision (including installation) and use of that part of the LFC's network which is located on your premises. We will advise you who your LFC is at the time of placing your order for Spark Unplan Fibre Broadband. Your LFC's current End User Terms can be found here.

1. These Terms

The Unplan and Unplan Entertainment fibre broadband services are described in:

  • These Terms (which describe, for example, how to set up your fibre service and fibre broadband service limitations);
  • The Unplan and Unplan Entertainment product page, as set out on our website (describing the Unplan and Unplan Entertainment services); and

Together these make up the "Service Description" for the Unplan and Unplan Entertainment services. Please refer to Spark’s website set out more detail about the features, prices and other matters.

2. Getting set up

Technology selection, connection and availability

To use Unplan and Unplan Entertainment services, you must have a Spark account.

Unplan and Unplan Entertainment is not available in all areas and eligibility criteria apply.

Spark will select the most appropriate technology for you (fibre or wireless broadband) based on:

  • (a) the network technologies available at your address; and
  • (b) the usage patterns you indicate to us during the setup of the Unplan or Unplan Entertainment service at your address.

If either of the factors listed in (a) or (b) above changes during the term of your agreement, we may change your broadband (at our absolute discretion) to an alternative technology or a new plan.

If you have an existing broadband connection with another provider, you are responsible for arranging for disconnection of this service.

Speed

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 and 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 3rd parties that we use to provide the service to you.

FibreBASIC has a different speed depending on the UFB network in your area. Addresses in Whangarei, Hamilton, Whanganui, New Plymouth, Tokoroa, Hawera, Cambridge, Te Awamutu, Tauranga and Christchurch have a fibre network with the ability to deliver speeds up to 30mbps downstream and 10mbps upstream. The rest of NZ has a fibre network capable of delivering speeds of up to 50Mbps downstream and 10Mbps upstream.

Spark’s Unplan and Unplan Entertainment Fibre service uses FibreBASIC. If you require additional speed you can upgrade to alternative Fibre speeds (please refer to the Plans and Pricing schedule here.

Modem

You will need a modem to use the Unplan or Unplan Entertainment service. The modem requires mains power. In the event of a power failure, your broadband service will not be available, including access to emergency services. Make sure you have a charged mobile phone available for use in power outages including for emergencies.

Setting up your modem

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.

Unplan and Unplan Entertainment do not come with a landline which means you will not be able to make calls from a landline, including 111 calls. If you want to include a landline you will need to separately order this. Additional charges and terms apply.

Billing

Unplan and Unplan Entertainment charges include:

  • one off non-standard installation charge (if any);
  • one off $14.95 modem postage fee;
  • monthly Unplan or Unplan Entertainment fee. This is invoiced in arrears and is dependent on your data usage.
  • monthly landline charge if you select a landline with your Unplan or Unplan Entertainment.

For our current plans and charges please see our website. Check your bill for details, or call us on 123 if you have any queries.

Services available

Unplan and Unplan Entertainment do not come with a landline which means you will not be able to make calls from a landline, including 111 calls. If you want to include a landline you will need to separately order this. Additional charges and terms apply. Please refer to Part C (c) of this document for the landline terms.

Unplan does not come with Lightbox. Please select Unplan Entertainment if you want Lightbox.

3. Contract term and charging

Unplan and Unplan Entertainment has a 12 month term. If you terminate your plan before the end of your 12 month period, you will have to pay an early termination fee of $199. This is a genuine pre-estimate of the loss that we will incur as a result of your broadband account closing early. However, you will not be required to pay an early termination fee if you are closing your broadband account early as a result of:

  • negative change we have made to these Terms; or
  • an increase in the charges payable for your Unplan or Unplan Entertainment service, provided that such change was not a result of a change in the price from a supplier for an input to this service; or
  • a material reduction in the scope or quality of the service.

If you are already a Spark broadband customer, any recurring credits or discounts on your existing broadband account will cease when you switch to Unplan or Unplan Entertainment. This includes things like the $10 bundle up bonus.

You will start incurring charges for your Unplan or Unplan Entertainment service from the date you are connected to our fibre network or, if you are already connected to our network, from the date we transition you from your existing plan.

You must provide us with 30 days’ notice if you wish to cancel your Unplan or Unplan Entertainment service. If you change or remove your plan or package within 30 days, you will still be charged for the full month.

4. Changing, withholding, suspending, restricting, replacing or terminating Services

Despite our best efforts, we cannot guarantee that the Unplan or Unplan Entertainment service is fault free. In some cases, we may need to change, withhold, suspend, restrict, replace or terminate some or all of an Unplan or Unplan Entertainment service without notice. This may occur because systems or networks are being maintained or worked on, we (or our network operators) need to manage network traffic or access to the networks, we (or our service providers) are improving the functionality and attributes of the networks or services, or for other reasons we think are reasonably necessary.

Where we have changed, replaced or terminated the Unplan or Unplan Entertainment service (or any part of it), and we did this without providing you with prior notice in order to protect our network or services, we will advise you of the changes and the impact on you as soon as practicably possible following the change. If, acting reasonably, you consider that the change has a negative impact on your use of the Unplan or Unplan Entertainment service you can exercise your right to terminate the service.

We reserve the right to suspend, sign out, disconnect, terminate, or delete your broadband accounts (including sub accounts) or any communication session for any particular Unplan Broadband service that is inactive for a period of time. "Inactive" means that you have not used a particular Broadband Service or your broadband account for a period of time, as determined by us, when acting reasonably.

5. Our disclaimers

Content disclaimer

We do not and cannot supervise, edit or control the way in which you or other end users use the content, information or other material accessed through the Unplan and Unplan Entertainment services we provide to you.

We are not responsible for the content, information or other material accessed or provided by means of our Unplan and Unplan Entertainment service. You are responsible for all content, information or other material that you upload, download, post, email, or otherwise transmit, access or make available through the use of our Unplan and Unplan Entertainment service.

Spark has not reviewed all or any of the sites linked to the Unplan and Unplan Entertainment service and is not responsible for the content of any of those sites.

Third party infrastructure, systems and services

The Unplan and Unplan Entertainment service may be delivered to you using other providers' infrastructure and systems, for example, that of Chorus. We will use reasonable commercial efforts to ensure those providers deliver their infrastructure and systems to a reasonable standard but we are not liable or responsible for anything which occurs as a result of those other providers' infrastructure and systems.

We have not checked the accuracy or completeness of the information or the suitability or quality of the products and services of the third parties. You must make your own inquiries with the relevant third party supplier directly before relying on the third party information or entering into a transaction in relation to third party products and services supplied by means of our Unplan and Unplan Entertainment service. You should check with the third party supplier whether there are additional charges and terms which may apply.

Nothing in this clause 6 affects your rights under the Consumer Guarantees Act 1993 and the Fair Trading Act 1986 where services are acquired for personal, domestic or household use or consumption.

6. Changing to these Terms

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 will tell you about any changes by emailing or writing to you or SMS messaging you. We will tell you about changes to these Terms at least one month before they come into effect. If acting reasonably you consider that the change has a negative impact on your use of the Unplan and Unplan Entertainment service, you can exercise your right to terminate your Unplan or Unplan Entertainment service.

7. Technical information and terms

Data usage

Data usage is based on the amount of data transferred through your Spark broadband connection (both uploading and downloading) and can be expressed as megabytes or gigabytes (1000 megabytes). This can include overhead data usage which is required for establishing and maintaining the connection.

The Spark broadband usage meter is available for you to check on your data usage. The usage meter does not show your usage in real time. It is updated approximately every hour and, under normal conditions, will reflect usage up to 4 hours earlier. However, in some circumstances, such as when there are large numbers of users on the internet, it can sometimes take longer for your usage meter to be updated, particularly at the end of your billing month. It is important that you take this into account when tracking your usage. You can also set up broadband usage alerts.

Usage Alerts

Usage alerts are designed to help you keep tabs on your data usage, but ultimately it is your responsibility to monitor how many megabytes or gigabytes of data you have used. Some viruses can lead to unexpected use of data and this in turn can move you into the next pricing tier. You are entirely responsible for all data usage that occurs under your account, whether or not the usage is caused by a virus, including DOS attacks and any unauthorised usage and/or unrequested traffic. Remember, it is your responsibility to make sure you have sufficient security to meet your needs. For more information about internet security please visit our website.

Modem

Spark will provide you with a new or reconditioned modem so that you can connect to the Unplan or Unplan Entertainment service. Postage or courier charges apply when we send the modem to you. You agree to return the modem to us in good working order (along with the original packaging, all associated cables and other equipment originally supplied) if you cancel the plan within two years. Simply contact Spark and we will supply you with a prepaid courier bag.

Service Reliability

Although Spark is committed to providing a consistent and reliable Unplan and Unplan Entertainment service, there are a number of factors that influence broadband performance including matters beyond our control such as the configuration of your devices connected to the service. For this reason, we do not guarantee connection speed bandwidth, latency (delay) or bit rate through the network that we use to provide our Unplan and Unplan Entertainment service at any one point in time.

Should there be an outage, we cannot guarantee how quickly we can arrange for resolution of any problems with delivery of our Unplan and Unplan Entertainment service.

Spark broadband is not designed to support:

  • Virtual Private Networks (VPNs)
  • Two-way voice applications
  • Two-way video applications
  • Web servers

For these activities, we encourage you to contact 0800 22 55 98 to find out what alternatives are available.

Support

The stability and performance of your Unplan and Unplan Entertainment service can be affected by a number of potential faults. A fault can commonly originate from the network, phone line, your modem, or your computer. If the service is not meeting your expectations, our Customer Support team are trained to help you identify where the potential fault lies.

Occasionally network outages do occur. When they do, we record a message about the fault which you can hear when you call 0800 22 55 98. There is no charge for fixing such faults during our normal business hours except where you, or anyone you are responsible for, cause the fault or if the fault lies with your own equipment (e.g. your computer or internal premises wiring).

If we arrange for a service technician to visit your premises and the technician finds that there are no problems with the network (eg the fault lies within your premises’ wiring), you will be required to pay the cost of the service technician being sent out. We will let you know in advance what the potential charges to you could be.

If you are still having problems with your Unplan or Unplan Entertainment service, call us on 0800 22 55 98.

Fibre connection and installation

If you are not already connected to the fibre network, you will need to arrange a time for a Local Fibre Company technician to visit your premises. The technician will determine such matters as how the fibre will be connected from the street to your house, whether it will be a standard fibre installation or whether additional charges will apply for a non-standard installation.

A standard fibre installation includes installing and connecting:

  • the fibre cable from the street (of up to 200m) through your home;
  • the external termination point (ETP);
  • the optical network (ONT); and
  • the fibre enabled modem (RGW).

You may incur additional charges if you require a non-standard installation. You will be advised of the charges prior to the commencement of any installation work. Non-standard installations include:

  • where your house is more than 200m from the fibre access point on the street; and
  • if your RGW is installed at a location some distance away from the ONT and additional wiring is required.

Other points to note:

  • If you have ordered your Unplan or Unplan Entertainment service with a landline, there is a possibility that activation of your account may result in you experiencing a temporary loss of your landline. If this does occur, normal service is usually resumed within a few hours.
  • If, despite our reasonable efforts, your Spark Unplan or Unplan Entertainment installation fails (e.g. the technician is unable to get the service running), the Spark jackpoint and any other equipment will remain at your premises and you will not be charged for the installation.
  • If you decide to cancel your fibre broadband order, through no fault of Spark or the installer, after you have accepted your order and have been provided 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.

8. Department of Internal Affairs Digital Child Exploitation Filtering System

We will intercept communications for the purposes of the Department of Internal Affairs' Digital Child Exploitation Filtering System and in continuing to use your Unplan and Unplan Entertainment service, you acknowledge and consent to this.

Part Two:
Terms for Customers With a Wireless Broadband (4G) Connection

For Unplan and Unplan Entertainment customers with a wireless broadband connection, these Terms apply together with the Mobile Postpaid Agreement. These Terms will prevail to the extent they are inconsistent with the Mobile Postpaid Agreement.

1. These Terms

The Unplan and Unplan Entertainment wireless broadband services are described in:

  • these Terms (which describe, for example, how to set up your wireless broadband service and wireless broadband service limitations);
  • The Unplan and Unplan Entertainment product page, as set out on our website (describing the Unplan and Unplan Entertainment services); and

Together these make up the "Service Description" for the Unplan and Unplan Entertainment services. Please refer to Spark’s website set out more detail about the features, prices and other matters.

2. Getting set up

Technology selection, connection and availability

To use Unplan and Unplan Entertainment services, you must have a Spark account.

Unplan and Unplan Entertainment is not available in all areas and eligibility criteria apply.

Spark will select the most appropriate technology for you (fibre or wireless broadband) based on:

  • (a) the network technologies available at your address; and
  • (b) the usage patterns you indicate to us during the setup of the Unplan or Unplan Entertainment service at your address.

If either of the factors listed in (a) or (b) above changes during the term of your agreement, we may change your broadband (at our absolute discretion) to an alternative technology or a new plan.

Connection and installation

You may only use your Spark wireless broadband modem to receive the Unplan or Unplan Entertainment service at the installed location. If you use your Spark wireless broadband modem at another location we reserve the right to withhold, suspend, disconnect, or restrict your broadband service without notice. The reason we retain this right is that we need to be able to manage the network to ensure that all customers using the network receive a reliable and consistent service. If you are moving, please contact us. If you are moving within our Spark 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.

If your Unplan or Unplan Entertainment service is disconnected for any reason, we cannot guarantee you will be able to connect back to a fixed line broadband service, particularly if there are capacity issues in your area. An availability check will need to be done for your address if you choose to change to another broadband technology.

If you have an existing broadband connection with another provider, you are responsible for arranging for disconnection of this service.

Modem

You will need a modem to use the Unplan or Unplan Entertainment service. The modem requires mains power. In the event of a power failure, your broadband service will not be available, including access to emergency services. Make sure you have a charged mobile phone available for use in power outages including for emergencies.

The Spark wireless modem we send you will either be new or reconditioned and contains a SIM card. You may not use this SIM card in any other device. The SIM card remains our property and you must return it to Spark on reasonable request.

Billing

Unplan and Unplan Entertainment charges include:

  • one off non-standard installation charge (if any);
  • one off $14.95 modem postage fee;
  • monthly Unplan or Unplan Entertainment fee. This is invoiced in arrears and is dependent on your data usage.
  • monthly landline charge if you select a landline with your Unplan or Unplan Entertainment.

For our current plans and charges please see our website. Check your bill for details, or call us on 123 if you have any queries.

Services available

Unplan and Unplan Entertainment do not come with a landline which means you will not be able to make calls from a landline, including 111 calls. If you want to include a landline you will need to separately order this. Additional charges and terms apply. Please refer to Part C (c) of this document for the landline terms.

Unplan does not come with Lightbox. Please select Unplan Entertainment if you want Lightbox.

may only use your Spark wireless broadband modem to receive the services at the installed address. If you use this modem at another address we reserve the right to withhold, suspend, disconnect, or restrict your Unplan or Unplan Entertainment services 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. If you are moving, please contact us. If you are moving 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.

Speed

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 and 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 3rd parties that we use to provide the service to you (if any).

3. Contract term and charging

Unplan and Unplan Entertainment has a 12 month term. If you terminate your plan before the end of your 12 month period, you will have to pay an early termination fee of $199. This is a genuine pre-estimate of the loss that we will incur as a result of your broadband account closing early. However, you will not be required to pay an early termination fee if you are closing your broadband account early as a result of:

  • negative change we have made to these Terms; or
  • an increase in the charges payable for your Unplan or Unplan Entertainment service, provided that such change was not a result of a change in the price from a supplier for an input to this service; or
  • a material reduction in the scope or quality of the service.
  • we require you to migrate from the wireless broadband (4G) network to the fibre network.

If you are already a Spark broadband customer, any recurring credits or discounts on your existing broadband account will cease when you switch to Unplan or Unplan Entertainment. This includes things like the $10 bundle up bonus.

You will start incurring charges for your Unplan or Unplan Entertainment service from the date you are connected to our fibre network or, if you are already connected to our network, from the date we transition you from your existing plan.

You must provide us with 30 days’ notice if you wish to cancel your Unplan or Unplan Entertainment service. If you change, downgrade, upgrade or remove your plan or package within 30 days you will still be charged for the full month.

4. Changing, withholding, suspending, restricting, replacing or terminating Services

Your Unplan or Unplan Entertainment services are delivered via Spark’s 4G network. So that we can manage network traffic, if your data usage exceeds 300GB in a month or 180GB a month for 3 consecutive months, we may change you (at our discretion) to fibre or a new plan. If you consider that that the change to fibre or the new plan has a negative impact on you or your use of the service (or new service) you can exercise your right to terminate the service and no early termination fee will apply.

Despite our best efforts, we cannot guarantee that the Unplan or Unplan Entertainment service is fault free. In some cases, we may need to change, withhold, suspend, restrict, replace or terminate some or all of an Unplan or Unplan Entertainment service without notice. This may occur because systems or networks are being maintained or worked on, we (or our network operators) need to manage network traffic or access to the networks, we (or our service providers) are improving the functionality and attributes of the networks or services, or for other reasons we think are reasonably necessary.

Where we have changed, replaced or terminated the Unplan or Unplan Entertainment service (or any part of it), and we did this without providing you with prior notice in order to protect our network or services, we will advise you of the changes and the impact on you as soon as practicably possible following the change. If, acting reasonably, you consider that the change has a negative impact on your use of the Unplan or Unplan Entertainment service you can exercise your right to terminate the service.

We reserve the right to suspend, sign out, disconnect, terminate, or delete your broadband accounts (including sub accounts) or any communication session for any particular Unplan Broadband service that is inactive for a period of time. "Inactive" means that you have not used a particular Broadband Service or your broadband account for a period of time, as determined by us, when acting reasonably.

5. Content disclaimer

Content disclaimer

We do not and cannot supervise, edit or control the way in which you or other end users use the content, information or other material accessed through the Unplan and Unplan Entertainment services we provide to you.

We are not responsible for the content, information or other material accessed or provided by means of our Unplan and Unplan Entertainment service. You are responsible for all content, information or other material that you upload, download, post, email, or otherwise transmit, access or make available through the use of our Unplan and Unplan Entertainment service.

Spark has not reviewed all or any of the sites linked to the Unplan and Unplan Entertainment service and is not responsible for the content of any of those sites.

6. Changing to these Terms

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 will tell you about any changes by emailing or writing to you or SMS messaging you. We will tell you about changes to these Terms at least one month before they come into effect. If acting reasonably you consider that the change has a negative impact on your use of the Unplan and Unplan Entertainment service, you can exercise your right to terminate your Unplan or Unplan Entertainment service.

7. Technical information and terms

Data usage

Data usage is based on the amount of data transferred through your Spark broadband connection (both uploading and downloading) and can be expressed as megabytes or gigabytes (1000 megabytes). This can include overhead data usage which is required for establishing and maintaining the connection.

The Spark broadband usage meter is available for you to check on your data usage. The usage meter does not show your usage in real time. It is updated approximately every hour and, under normal conditions, will reflect usage up to 4 hours earlier. However, in some circumstances, such as when there are large numbers of users on the internet, it can sometimes take longer for your usage meter to be updated, particularly at the end of your billing month. It is important that you take this into account when tracking your usage. You can also set up broadband usage alerts.

Usage Alerts

Usage alerts are designed to help you keep tabs on your data usage, but ultimately it is your responsibility to monitor how many megabytes or gigabytes of data you have used. Some viruses can lead to unexpected use of data and this in turn can move you into the next pricing tier. You are entirely responsible for all data usage that occurs under your account, whether or not the usage is caused by a virus, including DOS attacks and any unauthorised usage and/or unrequested traffic. Remember, it is your responsibility to make sure you have sufficient security to meet your needs. For more information about internet security please visit our website.

Modem

Spark will provide you with a new or reconditioned modem so that you can connect to the Unplan or Unplan Entertainment service. Postage or courier charges apply when we send the modem to you. You agree to return the modem to us in good working order (along with the original packaging, all associated cables and other equipment originally supplied) if you cancel the plan within two years. Simply contact Spark and we will supply you with a prepaid courier bag.

Service Reliability

Although Spark is committed to providing a consistent and reliable Unplan and Unplan Entertainment service, there are a number of factors that influence broadband performance including matters beyond our control such as the configuration of your devices connected to the service. For this reason, we do not guarantee connection speed bandwidth, latency (delay) or bit rate through the network that we use to provide our Unplan and Unplan Entertainment service at any one point in time.

As the Unplan and Unplan Entertainment service can occasionally go down, you should take this into account when choosing this product and what you will want to use it for. We cannot guarantee how quickly we can arrange for resolution of any problems with delivery of our Unplan and Unplan Entertainment service.

Spark broadband is not designed to support:

  • Virtual Private Networks (VPNs)
  • Two-way voice applications
  • Two-way video applications
  • Web servers

For these activities, we encourage you to contact 0800 22 55 98 to find out what alternatives are available.

Support

The stability and performance of your Unplan and Unplan Entertainment service can be affected by a number of potential faults. A fault can commonly originate from the network, phone line, your modem, or your computer. If the service is not meeting your expectations, our Customer Support team are trained to help you identify where the potential fault lies.

Occasionally network outages do occur. When they do, we record a message about the fault which you can hear when you call 0800 22 55 98. There is no charge for fixing such faults during our normal business hours except where you, or anyone you are responsible for, cause the fault or if the fault lies with your own equipment (e.g. your computer or internal premises wiring).

If we arrange for a service technician to visit your premises and the technician finds that there are no problems with the network (eg the fault lies within your premises’ wiring), you will be required to pay the cost of the service technician being sent out. We will let you know in advance what the potential charges to you could be.

If you are still having problems with your Unplan or Unplan Entertainment service, call us on 0800 22 55 98.

8. Department of Internal Affairs Digital Child Exploitation Filtering System

We will intercept communications for the purposes of the Department of Internal Affairs' Digital Child Exploitation Filtering System and in continuing to use your Unplan and Unplan Entertainment service, you acknowledge and consent to this.

Part Three:
Additional Terms

In addition to the Introduction Section and Part One (for fibre customers) or Part Two (for wireless broadband customers), if you are purchasing:

  • Unplan Entertainment, then section (A) of Part Three applies;
  • FAN PASS, then section (B) of Part Three applies; and/or
  • A landline service, then section (C) of Part Three applies.

(A) Unplan Entertainment Terms

When you sign up to up to Unplan Entertainment, you will receive:

(B) Fan Pass Terms

  • You are entitled to purchase 12 months of FAN PASS at $30 per month with your Unplan or Unplan Entertainmen plan. Please refer to https://www.spark.co.nz/getmore/fanpass/ for Spark’s FAN PASS terms and conditions.

(C) Landline Terms

  • The landline is reliant on power. If there is a power outage you won't be able to call emergency services so it’s important to have a mobile phone available for emergencies.
  • You can use portable cordless phones (which are available from Spark) if you need multiple phones in your home (as this service does not use a copper connection or phone jack points in your home).
  • This landline service does not come with a copper phone line so it may not be compatible with all third party services including monitored medical or security alarms and interactive features on SKY digital. It is your responsibility to check with your service provider and make suitable arrangements. Take care to advise your service provider if your Unplan or Unplan Entertainment service is delivered over wireless broadband (4G) technology to ensure their service is compatible with wireless technology.
  • From the commencement date of your Unplan service, all your National and International calls will be provided and invoiced by Spark.
  • Spark terms and conditions apply. Please see our website at https://www.spark.co.nz/help/other/terms/.