Xtra Email - Terms and Conditions

Xtra Email - Terms and Conditions

Xtra Email - Terms and Conditions

1. Migration of Services

These terms are dated 08/09/16

By completing the registration process and entering your existing Xtra email address and password you accept these Terms and give permission for Spark to migrate your existing Xtra email information including emails, calendars, contacts and any sub-account information (“Existing Email Data”) to Spark’s new Xtra email service. Please refer to the email migration FAQ's for more information on what steps you need to take to complete the migration.

These Terms shall apply to the migration of your Existing Email Data and the new Xtra email service provided by Spark (“Spark Xtra Email Service”).

Notwithstanding the above, until Spark informs you that your Existing Email Data has migrated to the Spark Xtra Email Service, your existing Xtra email service and Terms of Service shall continue to apply and will prevail over these Terms.

2. Spark Xtra Email Service Specific Terms

Below are the Service Specific Terms which will apply once we have informed you that your Existing Email Data has been migrated to your new Spark Xtra Email Service:

  • Your Spark Xtra Email Service will be free with Spark broadband or Mobile Broadband;
  • If you no longer hold a Spark broadband or Mobile Broadband account with Spark, your Spark Xtra Email Service will stop working after thirty (30) days (“Grace Period”);
    • If you wish to keep your Spark Xtra Email Service you will need to notify us during this Grace Period, and agree to pay an ongoing monthly fee for the Spark Xtra Email Service as advertised on our website;
    • If you don’t notify us that you want to keep your Spark Xtra Email Service, your Xtra email accounts will be deactivated. This means that you will not be able to log in and your mailbox will stop receiving new email. We want to give you an opportunity to retrieve your Existing Email Data received up to the date of deactivation, so we will use our best efforts to hold it for ninety (90) days from the date your email accounts are deactivated. After this timeframe we will assume you don’t need your Existing Email Data so this information will be deleted from our systems and unrecoverable.
    • If you wish to retrieve any Existing Email Data during the 90 day period, please call us on 123 to reactivate your Spark Xtra Email Service and any associated email accounts.

Spark Xtra Email Service Specifications

Number of @xtra.co.nz mailboxes available per eligible Spark Xtra Email Service (“Mailbox”)

11

Number of @xtra.co.nz aliases possible per Mailbox

5

Storage limit per Mailbox

1TB

Maximum size of an individual email

100MB

3. Acceptance of terms

The following Terms apply to our customers who have a Spark Xtra Email Service with us. These Terms apply together with the Residential Customer Terms and Conditions and any Service Specific Terms outlined below which also apply when you have a Spark Xtra Email Service. If there is any inconsistency or conflict between the Residential Customer Terms and Conditions and these Spark Xtra Email Terms, these Terms apply.

By using the Spark Xtra Email Service or signing up for an Xtra email account through Spark you agree to these Terms.

4. These Terms

The Spark Xtra Email Services are described in:

  • these Terms (which describe, for example, any service limitations);
  • any Service Specific Terms included in these terms or on the Spark Xtra Email website;
  • the Spark Xtra Email product page, as set out on our website (describing the services);
  • the “email migration FAQ’s” pages on our website (describing what steps you need to take to migrate your Xtra email to the new Spark service).

Together these make up the "Service Description" for the Spark Xtra Email Service. Links to the pages on our website which set out more detail about the features, prices and other matters about our Spark Xtra Email Service are subheadings under the Xtra Email terms tab. Prices for the various Spark Xtra Email Services and packages are also shown on the Spark Xtra Email web pages on our website.

5. Getting set up

In order to use the Spark Xtra Email Service, you must:

  • Be a Spark broadband or Mobile Broadband customer or be otherwise eligible for a Spark Xtra Email Service (e.g. by paying a monthly fee);
  • Complete the registration process including entering your Spark account number, name and phone number; and
  • Provide true, complete and up to date contact information.

Kids and Accounts

If you are the parent or legal guardian of a minor that creates an Xtra Email Mailbox, you accept these Terms on the minor’s behalf and are responsible for all use of the Spark Xtra Email Service, whether the minor’s Mailbox is now open or created later.

Business customers

The Spark Xtra Email Service is intended for consumer use only. It is not a business grade product. If you are a business customer and would like to apply for a business email address please call 126.

Billing

Your charges, if any, for the Spark Xtra Email Service will appear as part of your monthly Spark bill. Spark Xtra Email Service charges, if any, are recorded in the 'rental and activity' section of your Spark account. Charges may include the Spark Xtra Email Service or home package monthly fee (which is billed one month in advance).

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.

6. Our commitments to you

Our Services

We will:

  • provide the Spark Xtra Email Service to you with reasonable care and skill;
  • begin providing the Spark Xtra Email Service within a reasonable time of it being requested; and
  • make all reasonable efforts to ensure the Spark Xtra Email Service does everything we say it will.

However, given the nature of internet and telecommunications products and service (including our reliance on systems and services that we do not own or control), we cannot promise that the Spark Xtra Email Service will be continuous or fault free or available at a particular location. However, we will always try to restore any Spark Xtra Email Service outage as soon as we reasonably can.

As such, you understand and agree that Spark cannot guarantee the timeliness, deletion, delivery or storage of any user communication or personalised settings provided by the Spark Xtra Email Service. This also applies to any migration of your Existing Email Data to the new Spark Xtra Email Service.

Your privacy

Your privacy is important to us. We outline below what personal data we collect from you and how we use it.

When we provide the Spark Xtra Email Service to you we collect and store data such as information about your usage of the email service, login timestamp information, email content, contacts, photos, documents or other personal files (“Usage Information”). We also collect other information about you such as your first and last name, email address, phone number, security questions/answers, Spark account details, credit card details, and system configuration preferences (“User Information”).

  • Usage Information
    We respect your confidentiality and only use Usage Information to deliver your Spark Xtra Email Service and for Xtra Email security purposes. We share Usage Information with our authorised email service provider in order to be able to provide the Spark Xtra Email Service to you. Other than that we only share Usage Information in exceptional circumstances. For example, when required by law, to respond to legal process, or to protect lives. We do not use Usage Information to target ads to you.
  • User Information
    We use User Information to provide you the Spark Xtra Email Service, which includes using User Information to improve and personalise your experiences. We may also use User Information to communicate with you, for example, informing you about your Spark Xtra Email Service, security updates and product information. And we use User Information to help show more relevant ads. However, we do not use Usage Information such as what you say in email or your documents, photos or other personal files to target ads to you.
    We share your User Information with your consent or as necessary to complete any transaction or provide you the Spark Xtra Email Service. We also share User Information with our email service providers and subsidiaries to deliver the Spark Xtra Email Service and for Xtra Email security purposes; when required by law or to respond to legal process; to protect our customers; to protect lives; to maintain the security of our products; and to protect the rights or property of Spark.

Reporting abuse

If you believe anyone is violating any of our Terms including anyone who is using any of your Spark Xtra Email Services, please notify us immediately by calling 123. If you received Spam you think came from a Spark Xtra Email user, please email details through to security@xtra.co.nz.

7. Our disclaimers relating to the Service

Availability of Spark Xtra Email Service

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

Content disclaimer

Spark does not and cannot supervise, edit or control the way in which you or other end users use the content, information or other material (“Content”) accessed through the Spark Xtra Email Service we provide to you. As a result, you are responsible for the Content accessed or provided by means of our Spark Xtra Email Service including any Content you upload, download, post, email, or otherwise transmit, access or make available through the use of the Spark Xtra Email Service.

8. Your responsibilities to us

General responsibilities

You agree in addition to the general responsibilities in the Residential Customer Terms and Conditions to not use the Spark Xtra Email Service to:

  • Email or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, defamatory, invades another person’s privacy, or is racially, sexually or ethnically objectionable;
  • Email or otherwise transmit any Content that you do not have the right to transmit or that infringes any patent, trademark, copyright or proprietary rights;
  • Email or otherwise transmit any Content that contains software viruses or any other computer code that is designed to interrupt or destroy the functionality of any computer software or hardware;
  • Stalk or harass another person;
  • Send “junk mail”, “spam” or similar forms of solicitation; or
  • Use purchased, rented or third party lists of email addresses.

Looking after your Account, password and security

  • We will allocate you a unique email address and password of your choosing to use in connection with your Spark Xtra Email Services. If the unique email address you choose is not in line with our email address protocol we will work with you to create a new unique email address and issue you a new password.
  • You are responsible for taking appropriate steps to maintain the confidentiality and security of your billing account number, Mailbox and any user name, login, password and other personal identifier used by or allocated to you in connection with the Spark Xtra Email Service. You agree to change your password at regular intervals, and at any time upon request by us. If you become aware of any unauthorised use or other breach of security of your Spark Xtra Email Service you agree to notify us immediately. However, notice provided by you under this clause does not release you from your responsibilities under these Terms and any other applicable Service Specific Terms.
  • We will not be liable for any loss that you may incur as a result of someone else using your Spark Xtra Email Service or any personal identifier, provided that such loss was not caused by our breach of contract or negligence. However, you could be held liable for losses incurred by Spark or our partners and suppliers or another party due to someone else using your Spark Xtra Email Service or any personal identifier, provided that such loss has not been caused by our negligence or breach of contract.
  • We retain ownership of all email addresses and other personal identifiers used by or allocated to you, and all rights in them.

You confirm that Spark may securely store your password(s) for maintenance of its systems and the Spark Xtra Email Service. While we will always use reasonable care and skill to keep your Existing Email Data or any other information you provide through your use of the Spark Xtra Email Service secure, due to the nature of email services, we cannot guarantee that the Spark Xtra Email Service will never be hacked or your passwords stolen. However, we will take any such action seriously and will use our best efforts to restore the security of the Spark Xtra Email Service as soon as possible.

9. Account disputes

Our preference is for our Spark Xtra Email Service customers to work with other email users to resolve any disputes in relation to their use of the Spark Xtra Email Service. If a dispute can’t be resolved we will use our reasonable efforts to assist based on the information provided and subject to our obligations under the Privacy Act 1993.

10. Advertisements on the Service

Your correspondence and business dealings with, or participation in promotions of advertisers found on the Spark Xtra Email Service including payment for goods and services is between you and such advertiser. You agree that Spark shall not be responsible or liable for any loss or damage incurred as a result of any such dealings or as a result of such advertiser’s presence on the Spark Xtra Email Service.

11. Changing 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. If acting reasonably you consider that the change has a negative impact on your use of the Spark Xtra Email Service you can exercise your right to terminate these Terms.

12. Changing, withholding, restricting, replacing or terminating Services

Despite our best efforts, in some cases it may be necessary for us to change, withhold, restrict, replace or terminate your Spark Xtra Email Service. For example: if our systems or the network are being maintained or otherwise worked on, unavailable or must be protected; to manage network capacity or access to network services; to improve functionality of the Spark Xtra Email Service; or for any other reason we think is reasonably necessary to do so including stopping the Spark Xtra Email Service.

We will provide you with thirty (30) days’ notice (“Grace Period”) of any termination of the Spark Xtra Email Service by emailing, SMS messaging or writing to you. After the Grace Period your Xtra email accounts will be deactivated. This means that you will not be able to log in and your Mailbox will stop receiving new email. We want to give you an opportunity to retrieve your Existing Email Data received up to the date of deactivation, so we will use our best efforts to hold it for ninety (90) days from the date your email accounts are deactivated. After this timeframe we will assume you don’t need your Existing Email Data so this information will be deleted from our systems and unrecoverable. If you wish to retrieve any Existing Email Data pursuant to this paragraph during the 90 day period, please call us on 123.

Where we have changed or replaced an existing Spark Xtra Email Service, and we have to do this without providing you with prior notice of the change in order to protect our network, we will advise you of the changes and the impact on you following the change. If acting reasonably you consider that the change has a negative impact on your use of the Spark Xtra Email Service you can exercise your right to terminate these Terms under Clause 13 below.

You acknowledge that we reserve the right to suspend or terminate your Spark Xtra Email Service if it has been "inactive" for a period of time. "Inactive" means that you have not used the Spark Xtra Email Service for 12 months or more.

13. Closing or terminating your Services

If you choose to close or terminate your Spark Xtra Email Service with us your Spark Xtra Email Service will be immediately deactivated. This means that you will not be able to log in and your Mailbox will stop receiving new email. We want to give you an opportunity to retrieve your Existing Email Data received up to the date of deactivation, so we will use our best efforts to hold it for ninety (90) days from the date your email accounts are deactivated. After this timeframe we will assume you don’t need your Existing Email Data so this information will be deleted from our systems and unrecoverable. If you wish to retrieve any Existing Email Data or reactivate your Spark Xtra Email Service, please call us on 123 during the 90 day period to reactivate your Spark Xtra Email Service and any associate email accounts.

14. Communication Services

When using the Spark Xtra Email Service including emails, calendars and/or other message or communication facilities designed to enable you to communicate with others (collectively "Communication Services"), you agree to use and access the Communication Services in accordance with these Terms, the Residential Customer Terms and Conditions and any applicable Service Specific Terms, and only to upload, post, email, or otherwise transmit or access messages and material that are permitted in accordance with those terms.

You (and not Spark) assume responsibility for any necessary verification, maintenance, repair, correction and/or removal of any relevant Communication Service messages and material.

We are not under any obligation to monitor the Communication Services, but we reserve the right to review messages and materials transmitted and accessed through a Communication Service and to disclose any information as we deem necessary to satisfy any applicable law, regulation, legal process, governmental request or code, refuse to send any email messages and materials in whole or in part, in our sole discretion, provided we will always act reasonably when exercising our rights under this clause . We reserve the right to terminate your use of and access to any or all of the Communication Services by telling you with as much warning as we reasonably can if we consider it reasonably necessary to do so, for example if the law requires us or if your use of the Communication Services is in a way which we reasonably believe is fraudulent or is illegal or likely to be found illegal.

15. Email and data retention and storage

The amount of email and data storage available to you on systems to provide you with Spark Xtra Email Service is limited and some email or data may not be processed due to space restraints.
You agree that it may be reasonably necessary for us to establish limits concerning use of the Spark Xtra Email Service including, without limitation, the maximum number of email messages that maybe sent from or received by a Mailbox, the maximum size of any email message that maybe sent from or received by a Mailbox and the maximum Mailbox size. Where we change or introduce new limits we will give you as much warning as we reasonably can. If you do not agree to the limits you may exercise your right to terminate these Terms.

If acting reasonably we believe that these space restraints or limits are, or will be, compromised, and in order to protect our network and the use of the Spark Xtra Email Service for our customers we will ask you to reduce your Mailbox size to fall back within your Spark Xtra Email Service limit. If you fail to bring your Mailbox size within the Spark Xtra Email Service limit we reserve the right to place your Spark Xtra Email Service on hold until such time as you reduce your limit. This will mean that you may not be able to send or receive emails.

Any rights you may have under the Consumer Guarantees Act 1993 and the Fair Trading Act 1986 apply alongside the rights set out in these Terms, and are not affected or altered by them (including the exclusion of liability set out below).

A number of factors can contribute to the deletion, corruption or failure to store information. For these reasons you agree that Spark cannot guarantee the deletion, corruption or failure to store any Content maintained or transmitted in connection with the Spark Xtra Email Service.

16. General

This agreement is entered into by Spark on its own behalf and for the benefit of its related companies, approved agents and service providers, and will, with any necessary modifications, apply to any of those related companies, approved agents and service providers, and will be enforceable by them under the Contracts (Privity) Act 1982.

Our Spark Xtra Email Service is provided under New Zealand law. If you want to bring a claim against us you agree to do so in a New Zealand court. We also have a system for resolving complaints.

1. Migration of Services

These terms are dated 08/09/16

By completing the registration process and entering your existing Xtra email address and password you accept these Terms and give permission for Spark to migrate your existing Xtra email information including emails, calendars, contacts and any sub-account information (“Existing Email Data”) to Spark’s new Xtra email service. Please refer to the email migration FAQ's for more information on what steps you need to take to complete the migration.

These Terms shall apply to the migration of your Existing Email Data and the new Xtra email service provided by Spark (“Spark Xtra Email Service”).

Notwithstanding the above, until Spark informs you that your Existing Email Data has migrated to the Spark Xtra Email Service, your existing Xtra email service and Terms of Service shall continue to apply and will prevail over these Terms.

2. Spark Xtra Email Service Specific Terms

Below are the Service Specific Terms which will apply once we have informed you that your Existing Email Data has been migrated to your new Spark Xtra Email Service:

  • Your Spark Xtra Email Service will be free with Spark broadband or Mobile Broadband;
  • If you no longer hold a Spark broadband or Mobile Broadband account with Spark, your Spark Xtra Email Service will stop working after thirty (30) days (“Grace Period”);
    • If you wish to keep your Spark Xtra Email Service you will need to notify us during this Grace Period, and agree to pay an ongoing monthly fee for the Spark Xtra Email Service as advertised on our website;
    • If you don’t notify us that you want to keep your Spark Xtra Email Service, your Xtra email accounts will be deactivated. This means that you will not be able to log in and your mailbox will stop receiving new email. We want to give you an opportunity to retrieve your Existing Email Data received up to the date of deactivation, so we will use our best efforts to hold it for ninety (90) days from the date your email accounts are deactivated. After this timeframe we will assume you don’t need your Existing Email Data so this information will be deleted from our systems and unrecoverable.
    • If you wish to retrieve any Existing Email Data during the 90 day period, please call us on 123 to reactivate your Spark Xtra Email Service and any associated email accounts.

Spark Xtra Email Service Specifications

Number of @xtra.co.nz mailboxes available per eligible Spark Xtra Email Service (“Mailbox”)

11

Number of @xtra.co.nz aliases possible per Mailbox

5

Storage limit per Mailbox

1TB

Maximum size of an individual email

100MB

3. Acceptance of terms

The following Terms apply to our customers who have a Spark Xtra Email Service with us. These Terms apply together with the Residential Customer Terms and Conditions and any Service Specific Terms outlined below which also apply when you have a Spark Xtra Email Service. If there is any inconsistency or conflict between the Residential Customer Terms and Conditions and these Spark Xtra Email Terms, these Terms apply.

By using the Spark Xtra Email Service or signing up for an Xtra email account through Spark you agree to these Terms.

4. These Terms

The Spark Xtra Email Services are described in:

  • these Terms (which describe, for example, any service limitations);
  • any Service Specific Terms included in these terms or on the Spark Xtra Email website;
  • the Spark Xtra Email product page, as set out on our website (describing the services);
  • the “email migration FAQ’s” pages on our website (describing what steps you need to take to migrate your Xtra email to the new Spark service).

Together these make up the "Service Description" for the Spark Xtra Email Service. Links to the pages on our website which set out more detail about the features, prices and other matters about our Spark Xtra Email Service are subheadings under the Xtra Email terms tab. Prices for the various Spark Xtra Email Services and packages are also shown on the Spark Xtra Email web pages on our website.

5. Getting set up

In order to use the Spark Xtra Email Service, you must:

  • Be a Spark broadband or Mobile Broadband customer or be otherwise eligible for a Spark Xtra Email Service (e.g. by paying a monthly fee);
  • Complete the registration process including entering your Spark account number, name and phone number; and
  • Provide true, complete and up to date contact information.

Kids and Accounts

If you are the parent or legal guardian of a minor that creates an Xtra Email Mailbox, you accept these Terms on the minor’s behalf and are responsible for all use of the Spark Xtra Email Service, whether the minor’s Mailbox is now open or created later.

Business customers

The Spark Xtra Email Service is intended for consumer use only. It is not a business grade product. If you are a business customer and would like to apply for a business email address please call 126.

Billing

Your charges, if any, for the Spark Xtra Email Service will appear as part of your monthly Spark bill. Spark Xtra Email Service charges, if any, are recorded in the 'rental and activity' section of your Spark account. Charges may include the Spark Xtra Email Service or home package monthly fee (which is billed one month in advance).

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.

6. Our commitments to you

Our Services

We will:

  • provide the Spark Xtra Email Service to you with reasonable care and skill;
  • begin providing the Spark Xtra Email Service within a reasonable time of it being requested; and
  • make all reasonable efforts to ensure the Spark Xtra Email Service does everything we say it will.

However, given the nature of internet and telecommunications products and service (including our reliance on systems and services that we do not own or control), we cannot promise that the Spark Xtra Email Service will be continuous or fault free or available at a particular location. However, we will always try to restore any Spark Xtra Email Service outage as soon as we reasonably can.

As such, you understand and agree that Spark cannot guarantee the timeliness, deletion, delivery or storage of any user communication or personalised settings provided by the Spark Xtra Email Service. This also applies to any migration of your Existing Email Data to the new Spark Xtra Email Service.

Your privacy

Your privacy is important to us. We outline below what personal data we collect from you and how we use it.

When we provide the Spark Xtra Email Service to you we collect and store data such as information about your usage of the email service, login timestamp information, email content, contacts, photos, documents or other personal files (“Usage Information”). We also collect other information about you such as your first and last name, email address, phone number, security questions/answers, Spark account details, credit card details, and system configuration preferences (“User Information”).

  • Usage Information
    We respect your confidentiality and only use Usage Information to deliver your Spark Xtra Email Service and for Xtra Email security purposes. We share Usage Information with our authorised email service provider in order to be able to provide the Spark Xtra Email Service to you. Other than that we only share Usage Information in exceptional circumstances. For example, when required by law, to respond to legal process, or to protect lives. We do not use Usage Information to target ads to you.
  • User Information
    We use User Information to provide you the Spark Xtra Email Service, which includes using User Information to improve and personalise your experiences. We may also use User Information to communicate with you, for example, informing you about your Spark Xtra Email Service, security updates and product information. And we use User Information to help show more relevant ads. However, we do not use Usage Information such as what you say in email or your documents, photos or other personal files to target ads to you.
    We share your User Information with your consent or as necessary to complete any transaction or provide you the Spark Xtra Email Service. We also share User Information with our email service providers and subsidiaries to deliver the Spark Xtra Email Service and for Xtra Email security purposes; when required by law or to respond to legal process; to protect our customers; to protect lives; to maintain the security of our products; and to protect the rights or property of Spark.

Reporting abuse

If you believe anyone is violating any of our Terms including anyone who is using any of your Spark Xtra Email Services, please notify us immediately by calling 123. If you received Spam you think came from a Spark Xtra Email user, please email details through to security@xtra.co.nz.

7. Our disclaimers relating to the Service

Availability of Spark Xtra Email Service

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

Content disclaimer

Spark does not and cannot supervise, edit or control the way in which you or other end users use the content, information or other material (“Content”) accessed through the Spark Xtra Email Service we provide to you. As a result, you are responsible for the Content accessed or provided by means of our Spark Xtra Email Service including any Content you upload, download, post, email, or otherwise transmit, access or make available through the use of the Spark Xtra Email Service.

8. Your responsibilities to us

General responsibilities

You agree in addition to the general responsibilities in the Residential Customer Terms and Conditions to not use the Spark Xtra Email Service to:

  • Email or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, defamatory, invades another person’s privacy, or is racially, sexually or ethnically objectionable;
  • Email or otherwise transmit any Content that you do not have the right to transmit or that infringes any patent, trademark, copyright or proprietary rights;
  • Email or otherwise transmit any Content that contains software viruses or any other computer code that is designed to interrupt or destroy the functionality of any computer software or hardware;
  • Stalk or harass another person;
  • Send “junk mail”, “spam” or similar forms of solicitation; or
  • Use purchased, rented or third party lists of email addresses.

Looking after your Account, password and security

  • We will allocate you a unique email address and password of your choosing to use in connection with your Spark Xtra Email Services. If the unique email address you choose is not in line with our email address protocol we will work with you to create a new unique email address and issue you a new password.
  • You are responsible for taking appropriate steps to maintain the confidentiality and security of your billing account number, Mailbox and any user name, login, password and other personal identifier used by or allocated to you in connection with the Spark Xtra Email Service. You agree to change your password at regular intervals, and at any time upon request by us. If you become aware of any unauthorised use or other breach of security of your Spark Xtra Email Service you agree to notify us immediately. However, notice provided by you under this clause does not release you from your responsibilities under these Terms and any other applicable Service Specific Terms.
  • We will not be liable for any loss that you may incur as a result of someone else using your Spark Xtra Email Service or any personal identifier, provided that such loss was not caused by our breach of contract or negligence. However, you could be held liable for losses incurred by Spark or our partners and suppliers or another party due to someone else using your Spark Xtra Email Service or any personal identifier, provided that such loss has not been caused by our negligence or breach of contract.
  • We retain ownership of all email addresses and other personal identifiers used by or allocated to you, and all rights in them.

You confirm that Spark may securely store your password(s) for maintenance of its systems and the Spark Xtra Email Service. While we will always use reasonable care and skill to keep your Existing Email Data or any other information you provide through your use of the Spark Xtra Email Service secure, due to the nature of email services, we cannot guarantee that the Spark Xtra Email Service will never be hacked or your passwords stolen. However, we will take any such action seriously and will use our best efforts to restore the security of the Spark Xtra Email Service as soon as possible.

9. Account disputes

Our preference is for our Spark Xtra Email Service customers to work with other email users to resolve any disputes in relation to their use of the Spark Xtra Email Service. If a dispute can’t be resolved we will use our reasonable efforts to assist based on the information provided and subject to our obligations under the Privacy Act 1993.

10. Advertisements on the Service

Your correspondence and business dealings with, or participation in promotions of advertisers found on the Spark Xtra Email Service including payment for goods and services is between you and such advertiser. You agree that Spark shall not be responsible or liable for any loss or damage incurred as a result of any such dealings or as a result of such advertiser’s presence on the Spark Xtra Email Service.

11. Changing 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. If acting reasonably you consider that the change has a negative impact on your use of the Spark Xtra Email Service you can exercise your right to terminate these Terms.

12. Changing, withholding, restricting, replacing or terminating Services

Despite our best efforts, in some cases it may be necessary for us to change, withhold, restrict, replace or terminate your Spark Xtra Email Service. For example: if our systems or the network are being maintained or otherwise worked on, unavailable or must be protected; to manage network capacity or access to network services; to improve functionality of the Spark Xtra Email Service; or for any other reason we think is reasonably necessary to do so including stopping the Spark Xtra Email Service.

We will provide you with thirty (30) days’ notice (“Grace Period”) of any termination of the Spark Xtra Email Service by emailing, SMS messaging or writing to you. After the Grace Period your Xtra email accounts will be deactivated. This means that you will not be able to log in and your Mailbox will stop receiving new email. We want to give you an opportunity to retrieve your Existing Email Data received up to the date of deactivation, so we will use our best efforts to hold it for ninety (90) days from the date your email accounts are deactivated. After this timeframe we will assume you don’t need your Existing Email Data so this information will be deleted from our systems and unrecoverable. If you wish to retrieve any Existing Email Data pursuant to this paragraph during the 90 day period, please call us on 123.

Where we have changed or replaced an existing Spark Xtra Email Service, and we have to do this without providing you with prior notice of the change in order to protect our network, we will advise you of the changes and the impact on you following the change. If acting reasonably you consider that the change has a negative impact on your use of the Spark Xtra Email Service you can exercise your right to terminate these Terms under Clause 13 below.

You acknowledge that we reserve the right to suspend or terminate your Spark Xtra Email Service if it has been "inactive" for a period of time. "Inactive" means that you have not used the Spark Xtra Email Service for 12 months or more.

13. Closing or terminating your Services

If you choose to close or terminate your Spark Xtra Email Service with us your Spark Xtra Email Service will be immediately deactivated. This means that you will not be able to log in and your Mailbox will stop receiving new email. We want to give you an opportunity to retrieve your Existing Email Data received up to the date of deactivation, so we will use our best efforts to hold it for ninety (90) days from the date your email accounts are deactivated. After this timeframe we will assume you don’t need your Existing Email Data so this information will be deleted from our systems and unrecoverable. If you wish to retrieve any Existing Email Data or reactivate your Spark Xtra Email Service, please call us on 123 during the 90 day period to reactivate your Spark Xtra Email Service and any associate email accounts.

14. Communication Services

When using the Spark Xtra Email Service including emails, calendars and/or other message or communication facilities designed to enable you to communicate with others (collectively "Communication Services"), you agree to use and access the Communication Services in accordance with these Terms, the Residential Customer Terms and Conditions and any applicable Service Specific Terms, and only to upload, post, email, or otherwise transmit or access messages and material that are permitted in accordance with those terms.

You (and not Spark) assume responsibility for any necessary verification, maintenance, repair, correction and/or removal of any relevant Communication Service messages and material.

We are not under any obligation to monitor the Communication Services, but we reserve the right to review messages and materials transmitted and accessed through a Communication Service and to disclose any information as we deem necessary to satisfy any applicable law, regulation, legal process, governmental request or code, refuse to send any email messages and materials in whole or in part, in our sole discretion, provided we will always act reasonably when exercising our rights under this clause . We reserve the right to terminate your use of and access to any or all of the Communication Services by telling you with as much warning as we reasonably can if we consider it reasonably necessary to do so, for example if the law requires us or if your use of the Communication Services is in a way which we reasonably believe is fraudulent or is illegal or likely to be found illegal.

15. Email and data retention and storage

The amount of email and data storage available to you on systems to provide you with Spark Xtra Email Service is limited and some email or data may not be processed due to space restraints.
You agree that it may be reasonably necessary for us to establish limits concerning use of the Spark Xtra Email Service including, without limitation, the maximum number of email messages that maybe sent from or received by a Mailbox, the maximum size of any email message that maybe sent from or received by a Mailbox and the maximum Mailbox size. Where we change or introduce new limits we will give you as much warning as we reasonably can. If you do not agree to the limits you may exercise your right to terminate these Terms.

If acting reasonably we believe that these space restraints or limits are, or will be, compromised, and in order to protect our network and the use of the Spark Xtra Email Service for our customers we will ask you to reduce your Mailbox size to fall back within your Spark Xtra Email Service limit. If you fail to bring your Mailbox size within the Spark Xtra Email Service limit we reserve the right to place your Spark Xtra Email Service on hold until such time as you reduce your limit. This will mean that you may not be able to send or receive emails.

Any rights you may have under the Consumer Guarantees Act 1993 and the Fair Trading Act 1986 apply alongside the rights set out in these Terms, and are not affected or altered by them (including the exclusion of liability set out below).

A number of factors can contribute to the deletion, corruption or failure to store information. For these reasons you agree that Spark cannot guarantee the deletion, corruption or failure to store any Content maintained or transmitted in connection with the Spark Xtra Email Service.

16. General

This agreement is entered into by Spark on its own behalf and for the benefit of its related companies, approved agents and service providers, and will, with any necessary modifications, apply to any of those related companies, approved agents and service providers, and will be enforceable by them under the Contracts (Privity) Act 1982.

Our Spark Xtra Email Service is provided under New Zealand law. If you want to bring a claim against us you agree to do so in a New Zealand court. We also have a system for resolving complaints.

1. Migration of Services

These terms are dated 08/09/16

By completing the registration process and entering your existing Xtra email address and password you accept these Terms and give permission for Spark to migrate your existing Xtra email information including emails, calendars, contacts and any sub-account information (“Existing Email Data”) to Spark’s new Xtra email service. Please refer to the email migration FAQ's for more information on what steps you need to take to complete the migration.

These Terms shall apply to the migration of your Existing Email Data and the new Xtra email service provided by Spark (“Spark Xtra Email Service”).

Notwithstanding the above, until Spark informs you that your Existing Email Data has migrated to the Spark Xtra Email Service, your existing Xtra email service and Terms of Service shall continue to apply and will prevail over these Terms.

2. Spark Xtra Email Service Specific Terms

Below are the Service Specific Terms which will apply once we have informed you that your Existing Email Data has been migrated to your new Spark Xtra Email Service:

  • Your Spark Xtra Email Service will be free with Spark broadband or Mobile Broadband;
  • If you no longer hold a Spark broadband or Mobile Broadband account with Spark, your Spark Xtra Email Service will stop working after thirty (30) days (“Grace Period”);
    • If you wish to keep your Spark Xtra Email Service you will need to notify us during this Grace Period, and agree to pay an ongoing monthly fee for the Spark Xtra Email Service as advertised on our website;
    • If you don’t notify us that you want to keep your Spark Xtra Email Service, your Xtra email accounts will be deactivated. This means that you will not be able to log in and your mailbox will stop receiving new email. We want to give you an opportunity to retrieve your Existing Email Data received up to the date of deactivation, so we will use our best efforts to hold it for ninety (90) days from the date your email accounts are deactivated. After this timeframe we will assume you don’t need your Existing Email Data so this information will be deleted from our systems and unrecoverable.
    • If you wish to retrieve any Existing Email Data during the 90 day period, please call us on 123 to reactivate your Spark Xtra Email Service and any associated email accounts.

Spark Xtra Email Service Specifications

Number of @xtra.co.nz mailboxes available per eligible Spark Xtra Email Service (“Mailbox”)

11

Number of @xtra.co.nz aliases possible per Mailbox

5

Storage limit per Mailbox

1TB

Maximum size of an individual email

100MB

3. Acceptance of terms

The following Terms apply to our customers who have a Spark Xtra Email Service with us. These Terms apply together with the Residential Customer Terms and Conditions and any Service Specific Terms outlined below which also apply when you have a Spark Xtra Email Service. If there is any inconsistency or conflict between the Residential Customer Terms and Conditions and these Spark Xtra Email Terms, these Terms apply.

By using the Spark Xtra Email Service or signing up for an Xtra email account through Spark you agree to these Terms.

4. These Terms

The Spark Xtra Email Services are described in:

  • these Terms (which describe, for example, any service limitations);
  • any Service Specific Terms included in these terms or on the Spark Xtra Email website;
  • the Spark Xtra Email product page, as set out on our website (describing the services);
  • the “email migration FAQ’s” pages on our website (describing what steps you need to take to migrate your Xtra email to the new Spark service).

Together these make up the "Service Description" for the Spark Xtra Email Service. Links to the pages on our website which set out more detail about the features, prices and other matters about our Spark Xtra Email Service are subheadings under the Xtra Email terms tab. Prices for the various Spark Xtra Email Services and packages are also shown on the Spark Xtra Email web pages on our website.

5. Getting set up

In order to use the Spark Xtra Email Service, you must:

  • Be a Spark broadband or Mobile Broadband customer or be otherwise eligible for a Spark Xtra Email Service (e.g. by paying a monthly fee);
  • Complete the registration process including entering your Spark account number, name and phone number; and
  • Provide true, complete and up to date contact information.

Kids and Accounts

If you are the parent or legal guardian of a minor that creates an Xtra Email Mailbox, you accept these Terms on the minor’s behalf and are responsible for all use of the Spark Xtra Email Service, whether the minor’s Mailbox is now open or created later.

Business customers

The Spark Xtra Email Service is intended for consumer use only. It is not a business grade product. If you are a business customer and would like to apply for a business email address please call 126.

Billing

Your charges, if any, for the Spark Xtra Email Service will appear as part of your monthly Spark bill. Spark Xtra Email Service charges, if any, are recorded in the 'rental and activity' section of your Spark account. Charges may include the Spark Xtra Email Service or home package monthly fee (which is billed one month in advance).

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.

6. Our commitments to you

Our Services

We will:

  • provide the Spark Xtra Email Service to you with reasonable care and skill;
  • begin providing the Spark Xtra Email Service within a reasonable time of it being requested; and
  • make all reasonable efforts to ensure the Spark Xtra Email Service does everything we say it will.

However, given the nature of internet and telecommunications products and service (including our reliance on systems and services that we do not own or control), we cannot promise that the Spark Xtra Email Service will be continuous or fault free or available at a particular location. However, we will always try to restore any Spark Xtra Email Service outage as soon as we reasonably can.

As such, you understand and agree that Spark cannot guarantee the timeliness, deletion, delivery or storage of any user communication or personalised settings provided by the Spark Xtra Email Service. This also applies to any migration of your Existing Email Data to the new Spark Xtra Email Service.

Your privacy

Your privacy is important to us. We outline below what personal data we collect from you and how we use it.

When we provide the Spark Xtra Email Service to you we collect and store data such as information about your usage of the email service, login timestamp information, email content, contacts, photos, documents or other personal files (“Usage Information”). We also collect other information about you such as your first and last name, email address, phone number, security questions/answers, Spark account details, credit card details, and system configuration preferences (“User Information”).

  • Usage Information
    We respect your confidentiality and only use Usage Information to deliver your Spark Xtra Email Service and for Xtra Email security purposes. We share Usage Information with our authorised email service provider in order to be able to provide the Spark Xtra Email Service to you. Other than that we only share Usage Information in exceptional circumstances. For example, when required by law, to respond to legal process, or to protect lives. We do not use Usage Information to target ads to you.
  • User Information
    We use User Information to provide you the Spark Xtra Email Service, which includes using User Information to improve and personalise your experiences. We may also use User Information to communicate with you, for example, informing you about your Spark Xtra Email Service, security updates and product information. And we use User Information to help show more relevant ads. However, we do not use Usage Information such as what you say in email or your documents, photos or other personal files to target ads to you.
    We share your User Information with your consent or as necessary to complete any transaction or provide you the Spark Xtra Email Service. We also share User Information with our email service providers and subsidiaries to deliver the Spark Xtra Email Service and for Xtra Email security purposes; when required by law or to respond to legal process; to protect our customers; to protect lives; to maintain the security of our products; and to protect the rights or property of Spark.

Reporting abuse

If you believe anyone is violating any of our Terms including anyone who is using any of your Spark Xtra Email Services, please notify us immediately by calling 123. If you received Spam you think came from a Spark Xtra Email user, please email details through to security@xtra.co.nz.

7. Our disclaimers relating to the Service

Availability of Spark Xtra Email Service

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

Content disclaimer

Spark does not and cannot supervise, edit or control the way in which you or other end users use the content, information or other material (“Content”) accessed through the Spark Xtra Email Service we provide to you. As a result, you are responsible for the Content accessed or provided by means of our Spark Xtra Email Service including any Content you upload, download, post, email, or otherwise transmit, access or make available through the use of the Spark Xtra Email Service.

8. Your responsibilities to us

General responsibilities

You agree in addition to the general responsibilities in the Residential Customer Terms and Conditions to not use the Spark Xtra Email Service to:

  • Email or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, defamatory, invades another person’s privacy, or is racially, sexually or ethnically objectionable;
  • Email or otherwise transmit any Content that you do not have the right to transmit or that infringes any patent, trademark, copyright or proprietary rights;
  • Email or otherwise transmit any Content that contains software viruses or any other computer code that is designed to interrupt or destroy the functionality of any computer software or hardware;
  • Stalk or harass another person;
  • Send “junk mail”, “spam” or similar forms of solicitation; or
  • Use purchased, rented or third party lists of email addresses.

Looking after your Account, password and security

  • We will allocate you a unique email address and password of your choosing to use in connection with your Spark Xtra Email Services. If the unique email address you choose is not in line with our email address protocol we will work with you to create a new unique email address and issue you a new password.
  • You are responsible for taking appropriate steps to maintain the confidentiality and security of your billing account number, Mailbox and any user name, login, password and other personal identifier used by or allocated to you in connection with the Spark Xtra Email Service. You agree to change your password at regular intervals, and at any time upon request by us. If you become aware of any unauthorised use or other breach of security of your Spark Xtra Email Service you agree to notify us immediately. However, notice provided by you under this clause does not release you from your responsibilities under these Terms and any other applicable Service Specific Terms.
  • We will not be liable for any loss that you may incur as a result of someone else using your Spark Xtra Email Service or any personal identifier, provided that such loss was not caused by our breach of contract or negligence. However, you could be held liable for losses incurred by Spark or our partners and suppliers or another party due to someone else using your Spark Xtra Email Service or any personal identifier, provided that such loss has not been caused by our negligence or breach of contract.
  • We retain ownership of all email addresses and other personal identifiers used by or allocated to you, and all rights in them.

You confirm that Spark may securely store your password(s) for maintenance of its systems and the Spark Xtra Email Service. While we will always use reasonable care and skill to keep your Existing Email Data or any other information you provide through your use of the Spark Xtra Email Service secure, due to the nature of email services, we cannot guarantee that the Spark Xtra Email Service will never be hacked or your passwords stolen. However, we will take any such action seriously and will use our best efforts to restore the security of the Spark Xtra Email Service as soon as possible.

9. Account disputes

Our preference is for our Spark Xtra Email Service customers to work with other email users to resolve any disputes in relation to their use of the Spark Xtra Email Service. If a dispute can’t be resolved we will use our reasonable efforts to assist based on the information provided and subject to our obligations under the Privacy Act 1993.

10. Advertisements on the Service

Your correspondence and business dealings with, or participation in promotions of advertisers found on the Spark Xtra Email Service including payment for goods and services is between you and such advertiser. You agree that Spark shall not be responsible or liable for any loss or damage incurred as a result of any such dealings or as a result of such advertiser’s presence on the Spark Xtra Email Service.

11. Changing 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. If acting reasonably you consider that the change has a negative impact on your use of the Spark Xtra Email Service you can exercise your right to terminate these Terms.

12. Changing, withholding, restricting, replacing or terminating Services

Despite our best efforts, in some cases it may be necessary for us to change, withhold, restrict, replace or terminate your Spark Xtra Email Service. For example: if our systems or the network are being maintained or otherwise worked on, unavailable or must be protected; to manage network capacity or access to network services; to improve functionality of the Spark Xtra Email Service; or for any other reason we think is reasonably necessary to do so including stopping the Spark Xtra Email Service.

We will provide you with thirty (30) days’ notice (“Grace Period”) of any termination of the Spark Xtra Email Service by emailing, SMS messaging or writing to you. After the Grace Period your Xtra email accounts will be deactivated. This means that you will not be able to log in and your Mailbox will stop receiving new email. We want to give you an opportunity to retrieve your Existing Email Data received up to the date of deactivation, so we will use our best efforts to hold it for ninety (90) days from the date your email accounts are deactivated. After this timeframe we will assume you don’t need your Existing Email Data so this information will be deleted from our systems and unrecoverable. If you wish to retrieve any Existing Email Data pursuant to this paragraph during the 90 day period, please call us on 123.

Where we have changed or replaced an existing Spark Xtra Email Service, and we have to do this without providing you with prior notice of the change in order to protect our network, we will advise you of the changes and the impact on you following the change. If acting reasonably you consider that the change has a negative impact on your use of the Spark Xtra Email Service you can exercise your right to terminate these Terms under Clause 13 below.

You acknowledge that we reserve the right to suspend or terminate your Spark Xtra Email Service if it has been "inactive" for a period of time. "Inactive" means that you have not used the Spark Xtra Email Service for 12 months or more.

13. Closing or terminating your Services

If you choose to close or terminate your Spark Xtra Email Service with us your Spark Xtra Email Service will be immediately deactivated. This means that you will not be able to log in and your Mailbox will stop receiving new email. We want to give you an opportunity to retrieve your Existing Email Data received up to the date of deactivation, so we will use our best efforts to hold it for ninety (90) days from the date your email accounts are deactivated. After this timeframe we will assume you don’t need your Existing Email Data so this information will be deleted from our systems and unrecoverable. If you wish to retrieve any Existing Email Data or reactivate your Spark Xtra Email Service, please call us on 123 during the 90 day period to reactivate your Spark Xtra Email Service and any associate email accounts.

14. Communication Services

When using the Spark Xtra Email Service including emails, calendars and/or other message or communication facilities designed to enable you to communicate with others (collectively "Communication Services"), you agree to use and access the Communication Services in accordance with these Terms, the Residential Customer Terms and Conditions and any applicable Service Specific Terms, and only to upload, post, email, or otherwise transmit or access messages and material that are permitted in accordance with those terms.

You (and not Spark) assume responsibility for any necessary verification, maintenance, repair, correction and/or removal of any relevant Communication Service messages and material.

We are not under any obligation to monitor the Communication Services, but we reserve the right to review messages and materials transmitted and accessed through a Communication Service and to disclose any information as we deem necessary to satisfy any applicable law, regulation, legal process, governmental request or code, refuse to send any email messages and materials in whole or in part, in our sole discretion, provided we will always act reasonably when exercising our rights under this clause . We reserve the right to terminate your use of and access to any or all of the Communication Services by telling you with as much warning as we reasonably can if we consider it reasonably necessary to do so, for example if the law requires us or if your use of the Communication Services is in a way which we reasonably believe is fraudulent or is illegal or likely to be found illegal.

15. Email and data retention and storage

The amount of email and data storage available to you on systems to provide you with Spark Xtra Email Service is limited and some email or data may not be processed due to space restraints.
You agree that it may be reasonably necessary for us to establish limits concerning use of the Spark Xtra Email Service including, without limitation, the maximum number of email messages that maybe sent from or received by a Mailbox, the maximum size of any email message that maybe sent from or received by a Mailbox and the maximum Mailbox size. Where we change or introduce new limits we will give you as much warning as we reasonably can. If you do not agree to the limits you may exercise your right to terminate these Terms.

If acting reasonably we believe that these space restraints or limits are, or will be, compromised, and in order to protect our network and the use of the Spark Xtra Email Service for our customers we will ask you to reduce your Mailbox size to fall back within your Spark Xtra Email Service limit. If you fail to bring your Mailbox size within the Spark Xtra Email Service limit we reserve the right to place your Spark Xtra Email Service on hold until such time as you reduce your limit. This will mean that you may not be able to send or receive emails.

Any rights you may have under the Consumer Guarantees Act 1993 and the Fair Trading Act 1986 apply alongside the rights set out in these Terms, and are not affected or altered by them (including the exclusion of liability set out below).

A number of factors can contribute to the deletion, corruption or failure to store information. For these reasons you agree that Spark cannot guarantee the deletion, corruption or failure to store any Content maintained or transmitted in connection with the Spark Xtra Email Service.

16. General

This agreement is entered into by Spark on its own behalf and for the benefit of its related companies, approved agents and service providers, and will, with any necessary modifications, apply to any of those related companies, approved agents and service providers, and will be enforceable by them under the Contracts (Privity) Act 1982.

Our Spark Xtra Email Service is provided under New Zealand law. If you want to bring a claim against us you agree to do so in a New Zealand court. We also have a system for resolving complaints.