0900 Policy

0900 Policy

0900 Policy

This Spark 0900 policy is effective from 31 October 2005.

Introduction

Definitions: In this Policy, unless the context otherwise requires:

"Account Holder" means a person (who is not a Service Provider) who is a subscriber for a telephone or internet service and holds a current telephone or an internet connection account with Spark or a Third Party Carrier.

"Advertising" means the publication, in any form, of a Spark 0900 number and includes anything the intent or effect of which is to encourage the use of a Spark 0900 Service.

"Request for Service" means a request to operate a Spark 0900 Service made to Spark or to a TASP which will process and manage it on behalf of Spark.

"Bureau" means any Service Provider who provides a number of Spark 0900 Services.

"Contact number" means the telephone number Service Providers are required to provide under clause 2(i) of this Policy.

"Internet Dialler Service" means any software or service that causes an Account Holder's modem to connect to the internet via a Spark 0900 number.

"Policy" means this document and any additional requirements imposed by Spark on Service Providers.

"Provisioning Request" means details of the technical requirements for a Spark 0900 Service provided to Spark by a TASP in respect of each Spark 0900 Service operated by the TASP.

"TASP" means a Service Provider granted the status of Spark Accredited Service Provider in accordance with clause 13 of this Policy.

"Spark" means Spark New Zealand Limited and all its related companies (as that term is defined in the Companies Act 1993).

"Spark 0900 number" means the telephone number allocated to a Service Provider in respect of a specific Spark 0900 Service by Spark. "Spark 0900 Connection Contract" means a contract made between Spark and a Service Provider under which Spark will make available to the Service Provider.

  1. those telephone switch services required to facilitate the making of a call by an Account Holder to a Spark 0900 Service; and
  2. ii. assistance in the billing and collection of amounts due to the Service Provider from the Account Holder, in the manner described in clause 12; "Spark 0900 Service" means the service, information or Spark approved activities provided to an Account Holder who calls a Spark 0900 number;

"Third Party Carrier" means a carrier other than Spark, that bills an Account Holder in respect of 0900 services;

"Service Provider" means any person who enters into a Spark 0900 Connection Contract;

"Spark Customer Contract" means the contract entered into between Spark and a Spark Account Holder;

"Spark Subscriber" means a person who is a subscriber for a telephone or internet service and holds a current telephone or internet connection account, with Spark New Zealand Ltd, who is not a Service Provider.

 

Spark 0900

  1. Spark 0900 is a Spark service by which Service Providers are able to provide, and charge for, information access by telephone or internet by Account Holders. The parties involved in the provision of a Spark 0900 Service are:
    1. Spark;
    2. Service Provider;
    3. Account Holder; and
    4. In some cases, a Third Party Carrier.

Spark's role

  1. Spark facilitates the connection between the Account Holder and the Service Provider as well as billing the Account Holder on behalf of the Service Provider for Spark 0900 calls made from the Account Holder's phone or internet connection. Spark receives payment from Account Holders (sometimes via a Third Party Carrier) in respect of Spark 0900 charges and passes such payments (minus Spark's charges to Service Providers) to the Service Providers. Where a) Spark 0900 charges are disputed by an Account Holder or b) a Third Party Carrier does not pay Spark for whatever reason, Spark will not collect those charges. In the end, the issue of disputed or unpaid Spark 0900 charges is one between the Service Provider and the Account Holder (or, in some cases, the Third Party Carrier).
  2. Spark may also provide additional services requested by the Service Provider such as mail box set up and maintenance, business line installation, etc.
  3. Spark reserves the right to monitor, and has the right to require acceptable standards of Spark 0900 Services through the Spark 0900 Connection Contracts and this Policy. Spark may amend this Policy by giving notice in writing to Service Providers, such amendments having effect from the date specified in the notice.
  4. Spark retains the ultimate discretion in respect of the Request for Service and enforcement of this Policy in respect of particular Spark 0900 Services and Service Providers.

Service Providers' Role

  1. Service Providers may themselves provide the information contained in Spark 0900 Services or they may obtain that information from third parties. Regardless of the origin of the content of Spark 0900 Services, Service Providers are responsible for ensuring that Spark 0900 Services comply, at all times, with the provisions and intent of the Spark 0900 Connection Contracts and this Policy.
  2. Within the bounds of the Spark 0900 Connection Contracts and this Policy, Service Providers determine the format, content and price of the Spark 0900 Services they operate. Spark will charge Service Providers for connecting calls to the Service Provider and additional services provided to the Service Provider. Spark will also a) bill Spark Subscribers or b) receive payment via Third Party Carriers where those other companies bill the Account Holders. Spark will pass on payments for Spark 0900 charges to the Service Provider.
  3. In relation to payments via Third Party Carriers:
    1. Spark will pay only when and if it receives payments from the Third Party Carrier;
    2. If payment has already been made by Spark to the Service Provider before it receives payment from the Third Party Carrier, the Service Provider will forthwith repay that sum to Spark (or Spark will debit that sum from the Service Provider's next statement).
  4. Before it pays to Service Providers the amounts collected from Account Holders, Spark may deduct any money owed to it by those Service Providers.
  5. If Service Providers obtain the information for their Spark 0900 Service from third parties, those third parties have no contractual relationship with Spark or the Account Holders. Such third parties are required to comply with the provisions and intent of the Spark 0900 Connection Contracts and this Policy and Service Providers are responsible for ensuring such compliance.
  6. Spark may make specific arrangements with a Service Provider in relation to any aspect of a Spark 0900 Service. Such arrangements are personal to that Service Provider and Spark shall be under no obligation to disclose any such arrangements or provide them to other Service Providers.
  7. Account Holders that are accessing the service as Spark Subscribers receive bills from Spark which detail Spark 0900 charges. Spark Subscribers pay such charges to Spark unless they dispute the charges. If charges are disputed Spark will not collect those charges. Such disputes are a matter between the Spark Subscriber and the Service Provider.

Integrity of Spark network paramount

Where Spark considers that the integrity of any part of the Spark telecommunications network is at risk, it may suspend any or all Spark 0900 Services to protect the integrity of that network.

  1. Request for Service

    Separate Requests for Service: A separate Request for Service must be made for each Spark 0900 Service.

    1. Requests for Service: Where a Request for Service is approved by a TASP that TASP must forward a Provisioning Request to Spark.
    2. Qualifications: The Service Provider must, if requested, supply evidence satisfactory to Spark that any information and advice to be provided by a proposed Spark 0900 Service has been prepared, and/or will be given, by an appropriately qualified person.
    3. Criteria: The Spark 0900 Service in respect of which a Request for Service is made must comply with the Spark 0900 Connection Contract and this Policy.
    4. Spark discretion: Notwithstanding any other provision in this Policy, Spark may authorise or reject any Request for Service or require further information from the Service Provider. Spark may, at any time, review its, or any TASP's, authorisation or rejection of any Request for Service.
    5. No warranties: Approval of a Request for Service or permitting the 0900 service to be used does not represent any warranty by Spark that the Spark 0900 Service complies, or will comply, with the laws of New Zealand or any other relevant jurisdiction.
    6. Lead times: Spark will use its best endeavours:
      1. to process Requests for Service within 10 working days of receipt;
      2. where a Request for Service is approved, to have the Spark 0900 Service ready for operation within 5 working days of approval, provided all necessary information and recordings have been received from the Service Provider in a timely manner.
    7. Ownership of numbers: The Spark 0900 number allocated to a Spark 0900 Service remains the property of Spark at all times. Spark 0900 numbers are allocated for use in respect of specific Spark 0900 Services and may not be assigned or transferred without Spark's consent.
    8. Contact number: All Spark 0900 Services must provide a New Zealand telephone number, held in the Service Providers' name which is not a Spark 0900 number (and, for Internet Dialler Services, the Service Provider must also provide an email or website address) at which they can be contacted by those who have queries or complaints regarding the Spark 0900 Service.
    9. Business line: Service Providers must enter Spark's Services Agreement for Business Customers in respect of the operation of Spark 0900 Services.
    10. Service Provider equipment: All equipment used in the provision of a Spark 0900 Service must be telepermitted and approved by Spark.
    11. Pre-recorded Services: All pre-recorded Spark 0900 Services must terminate on Spark's 0900 audiotext system or, where authorised by Spark, Spark approved Service Provider equipment.
  2. Content of Services

    Requirements: Subject to any exceptions contained in this Policy or Spark's specific written authorisation to the contrary, every Spark 0900 Service must:

    1. have an opening message as outlined in clause 4;
    2. be provided in a clear and, except Internet Dialler Services, audible manner and be easily comprehensible;
    3. comply with all laws of New Zealand and those of any other relevant jurisdiction; and
    4. be consistent with any Advertising for that Spark 0900 Service.

     

    Prohibitions: Subject to any exceptions contained in this Policy or Spark's specific written authorisation to the contrary, Spark 0900 Services must not:

  1. be of such a nature or conducted in such a manner that the Spark 0900 brand or Spark's reputation, might be damaged (as determined by Spark in its sole discretion);
  2. encourage, counsel or incite any person to commit a criminal offence, nor provide advice in respect of the commission of a criminal offence;
  3. encourage, counsel, incite or suggest to any person the use of harmful and/or illegal substances nor provide information in respect of the use, provision, procurement, or availability of harmful and/or illegal substances;
  4. contain inaccurate, untrue or out of date information;
  5. mislead a user in any way including by inaccuracy, ambiguity, exaggeration or omission;
  6. unreasonably prolong or delay any call or access to any site content, including by exaggerated pauses, provision of irrelevant information or unnecessary voice or dialogue box prompting;
  7. provide or refer to any other Spark 0900 Service which will or may require the user to incur further expense;
  8. target persons under the age of 18;
  9. target individuals or groups who, by virtue of their circumstances, may place unreasonable faith and/or reliance in the Spark 0900 Service;
  10. promote or provide inflammatory or demeaning opinions or portrayals of any individual or group, nor demean, debase, or disparage any individual or group on any grounds including religious, political, ethnic, racial, gender, sexual orientation, disability, occupational status or age.

Opening Message

Opening message: Opening messages must:

  1. be approved by Spark, if Spark so requests;
  2. be pre-recorded and provided via Spark's 0900 audiotext system or, where authorised by Spark, Spark approved Service Provider equipment equipment; or, for Internet Dialler Services, be displayed in a separate fixed dialogue box prior to connection to the Internet Dialler Service;
  3. be clear, audible (except for fax back and Internet Dialler Services) and easily comprehensible.
  4. provide:
    1. the name of the Spark 0900 Service;
    2. the name of the Service Provider;
    3. the cost of the call including whether that cost is calculated per minute or is a set fee for the entire call and whether that cost includes or excludes GST; and
    4. a warning to those not responsible for paying for the call to seek the permission of the Account Holder.
  5. in respect of adult entertainment services, provide a warning that the service is intended only for persons over the age of 18.
  6. in respect of Internet Dialler Services:
    1. advise that the user will be disconnected from his or her normal internet connection and connected to the Internet Dialler Service;
    2. feature a "Continue" and an "Exit" button at the end of the text of the opening message in the dialogue box. Connection to the Internet Dialler Service and charging for the service must not commence unless and until the user has clicked the "Continue" button. Service Providers must ensure that dialling and modem tones are not suppressed.

 

Extended charge free period: The period during which there is no charge for a call to a Spark 0900 Service can be extended beyond 10 seconds. Spark's charges to the Service Provider will begin 10 seconds after call connection regardless of the length of the Spark 0900 Service charge free period.

Changes to Service: Where the nature, cost or terms of a Spark 0900 Service are changed a new opening message, approved by Spark, must be provided by the Service Provider.

Price

Charging: Calls may be charged at:

  1. a flat rate for the entire call regardless of duration;
  2. a set rate per minute;
  3. varying cost per minute based on the duration of the call. For example, a call may be five dollars for the first minute and two dollars for every minute thereafter.
  1. Fax back: Facsimile based Spark 0900 Services may be charged at a fixed rate only and not on a per minute basis.
  2. Maximum price: The maximum charge that can be made for any call regardless of duration is $88.88 (excluding GST). Service Providers can choose to have the maximum charge for any call set at a lower amount.
  3. Price changes: A Request for Service must be made to Spark at least 3 working days prior to the proposed implementation date of the change.
  4. Value added: Spark 0900 Services must be priced at a level which reflects the likely value provided to those using the Spark 0900 Service. Spark may determine that a Spark 0900 Service does not provide value for money at a particular, or any, price.
  5. Full value: Callers must receive the full value of the Spark 0900 Service during the call to the Spark 0900 Service. The value of the call shall not be calculated by reference to items, services, information or other benefits subsequently received by those using the Spark 0900 Service.
  6. Tax invoices: Spark will not provide tax invoices to Account Holders for calls to Spark 0900 Services. It is the Service Providers' responsibility to issue tax invoices where requested or where required by law.

Advertising

Requirements: Advertising for every proposed or existing Spark 0900 Service, or changes to such Advertising must:

  1. if required by Spark, be submitted to Spark, or, where a Spark 0900 Service is provided through a TASP to that TASP, for approval and be accompanied by an indication of the media, publications and times at which it is intended that the Advertising will be made public;
  2. comply with the Advertising Code of Practice and the Advertising Code of Ethics published by the Advertising Standards Authority;
  3. comply with all laws of New Zealand and those of any other relevant jurisdictions; and
  4. be consistent with the nature of the Spark 0900 Service to which it relates.

 

  1. Prohibition: Without limiting clause 6(a) and subject to Spark's specific written authorisation to the contrary, Advertising for a Spark 0900 Service must not:
    1. be of such a nature or conducted in such a manner that the Spark 0900 brand or Spark's reputation might be damaged (as determined by Spark in its sole discretion);
    2. be targeted at persons under the age of 18 or aired at times or placed in publications where the audience is likely to be solely or largely persons under the age of 18;
    3. be misleading as to the nature, type or price of the Spark 0900 Service or the benefits the Spark 0900 Service can provide;
    4. contain inaccurate, untrue or out of date information;
    5. target individual groups who, by virtue of their circumstances, may place unreasonable faith and/or reliance in the Spark 0900 Service to which the Advertising relates; and
    6. promote or provide inflammatory or demeaning opinions of any individual or group, nor demean, debase or disparage any individual or group on any grounds including religious, political, ethnic, racial, gender, sexual orientation, disability, occupational status or age.
  2. Additional requirements: Spark may authorise any Advertising subject to any restrictions or requirements which Spark sees fit.
  3. No Warranty: Approval of Advertising by Spark or by any TASP does not represent any warranty by Spark that the Advertising concerned complies with the laws of New Zealand or any other jurisdiction.
  4. Review: Spark may, at any time, review its, or any TASP's approval of any Advertising.
  5. Print media: All Advertising placed in print media, on billboards, on teletext, on the internet or in any other printed form must contain:
    1. the cost of the call, whether that cost is per minute or a flat rate for the entire call, whether the price includes or excludes GST, and whether differentiated pricing applies;
    2. the name of the Service Provider;
    3. the Contact number for the Service Provider; and
    4. a warning to those not responsible for paying for the call to seek the permission of the Spark Account Holder.
    5. All information in any Advertising must be clear, legible, presented horizontally and in a way that does not require close scrutiny.
  6. Radio Advertising: All radio Advertising must clearly provide:
    1. the cost of the call, whether that cost is per minute or a flat rate for the entire call, whether the price includes or excludes GST, and whether differentiated pricing applies;
    2. the name of the Service Provider;
    3. a warning to those not responsible for paying for the call to seek the permission of the Spark Account Holder.
    4. All information in any radio Advertising must be provided clearly and audibly and presented in a way that does not require close scrutiny.
  7. Television Advertising: All television Advertising must clearly include the following information:
    1. both on screen and in a voice-over:
      1. the cost of the call, whether that cost is per minute or a flat rate for the entire call, whether the price includes or excludes GST, and whether differentiated pricing applies; and
      2. a warning to those not responsible for paying for the call to seek the permission of the Spark Account Holder; and
    2. either on screen or in a voice-over:
      1. the name of the Service Provider; and
      2. the Contact number for the Service Provider.

All information in any television Advertising must be clearly and legibly displayed and the voice-over must be clear and audible. Where this clause 6(h) requires details to be displayed on-screen they must be displayed while the Spark 0900 number itself is displayed and must be presented in a way which does not require close scrutiny.

Monitoring

Monitoring by Spark: Spark may randomly monitor all Spark 0900 Services and advertising to determine compliance with this Policy. Such monitoring may involve the calling of Spark 0900 Services, using the PSTN numbers allocated to them, to determine whether they comply with the Spark 0900 Connection Contract, this Policy and any other requirements imposed by Spark. Spark will not pay Service Providers any 0900 call charges for calls made to monitor 0900 Services.

  1. Monitoring by Bureau: Bureaus must, if required by Spark, undertake monitoring of Spark 0900 Services provided by or through them. Such monitoring is to involve the calling of Spark 0900 Services at the Bureau's cost to determine whether they comply with this Policy and any other requirements imposed by Spark. In their relationship with third parties involved in Spark 0900 Services provided by them, Bureaus must ensure that they, and Spark, have the right to monitor those Spark 0900 Services.

Effect of Breach

Responsibility for breaches: All breaches of this Policy in respect of a Spark 0900 Service are deemed to be the responsibility of the Service Provider.

  1. Breach: Where Spark determines that a breach of this Policy has been committed by any Spark 0900 Service, Spark may suspend or terminate the Spark 0900 Service on five days' notice.
  2. Breaches causing damage: Where a breach of Policy is of such a nature that Spark (in its sole discretion) considers that damage is, or may be, caused to Spark's reputation or the image of the Spark 0900 brand, or where Spark determines that a Spark 0900 Service breaches any law, Spark may immediately suspend or terminate operation of the Spark 0900 Service.
  3. Bureaus: Where Spark considers that an unacceptable number of all Spark 0900 Services provided through a Bureau breach this Policy, Spark may terminate some or all Spark 0900 Services provided by that Bureau on five days' notice and refuse to accept further Requests for Service for Spark 0900 Services from that Bureau.
  4. TASPs: Where Spark considers that an unacceptable number of all Spark 0900 Services provided through a TASP breach this Policy in any two month period, Spark may, on five days' notice:
    1. suspend or terminate some or all Spark 0900 Services provided by that TASP;
    2. withdraw some or all of the benefits associated with TASP status; and
    3. remove TASP status altogether.
  5. No liability for suspension or termination: To the extent allowed by law, Spark will not be liable (in contract, tort including negligence, or otherwise) to any person for any damage, loss or cost (whether direct or indirect and including any loss of business or profits) arising from or related to the suspension or termination of a Spark 0900 Service in accordance with this Policy or the Spark 0900 Connection Contract.

Disputed Calls

Collection: Where a Spark Subscriber disputes Spark 0900 charges on his/her account or does not make full payment for such charges on the due date, Spark will take such steps as it considers appropriate in determining whether, and in what manner, the charges for such calls shall be collected from the Spark Subscriber by Spark.

  1. Collection by Service Provider: Where Spark advises Service Providers that it will not collect Spark 0900 charges from a Spark Subscriber, Service Providers can seek recovery of the debt from the Spark Subscriber. Where a Service Provider attempts to obtain payment from Spark Subscribers or other Account Holders for charges passed back by Spark, the Service Provider must not do so in a manner which damages or is likely to damage Spark's image or that of the Spark 0900 brand. Any claims for the recovery of such debts must be made in the name of the Service Providers, not Spark.
  2. Bad debt levels: The Service Provider shall ensure the value of charges disputed or not paid in full by Account Holders on the due date in respect of calls to the Spark 0900 Service shall, during any three month period, remain below 7.5% of both total calls and the total value of all calls to the Spark 0900 Service during that period.

0900 Call Blocking

Applying an 0900 block: Spark may place an 0900 bar on a Spark Subscriber's phone. The nature of any bar placed on a Spark Subscriber's line will be determined by the Spark Subscriber's request and/or Spark's sole discretion. Third Party Carriers may place an 0900 bar on their Account Holder's phone. The nature of any bar placed on an Account Holder's line will be determined by the Account Holder and/or the Third Party Carrier's sole discretion.

Complaints

Complaints to Spark: Where any Account Holder contacts Spark with a complaint regarding any Spark 0900 Service, Spark will provide the Account Holder with contact details for the Service Provider. Spark will advise the Account Holder that, while Spark or a Third Party Carrier has billed him or her in respect of the Spark 0900 Service, the Spark 0900 Service was provided by the Service Provider.

  1. Governmental/regulatory investigations: Where any government or regulatory body commences an investigation in respect of a Spark 0900 Service, the relevant Service Provider shall actively assist with any such investigation. Spark may assist with any such investigation by providing some or all relevant information requested by such bodies.

Billing

  1. Account Holders: Account Holders will be billed for their 0900 calls on a monthly basis. 0900 charges will be incorporated in the Account Holder's normal telephone services bill. The following information will be provided:
    1. the 0900 number called;
    2. the time the call was made;
    3. the duration of the call; and
    4. the cost of the call.
  2. Service Provider - Spark charges: Each Service Provider will receive an invoice detailing amounts owing by the Service Provider to Spark in respect of the relevant Spark 0900 Service. These invoices will contain:
    1. the total number of calls made to the Spark 0900 Service;
    2. the amount of charges owing to Spark in respect of calls made to the Spark 0900 Service; and
    3. any other amounts owing by the Service Provider to Spark in respect of the Spark 0900 Service.
  3. Service Provider - income: Service Providers will receive a monthly statement from Spark recording details of all calls made to the relevant Spark 0900 Service. These details will include:
    1. total number of calls to the Spark 0900 Service; and
    2. total cost of all calls to Spark 0900 Service.

Bad debt: Details of amounts passed back to the Service Provider to be included in the monthly statement will include the Spark 0900 Service called.

On request information: Service Providers may request that Spark provide the following information to be provided as part of their invoice:

  1. the total duration of all calls;
  2. the time of each call;
  3. the duration of each call;
  4. the total cost of each call;
  5. in relation to amounts passed back to the Service Provider:
    1. the Spark Subscriber's phone number;
    2. the date and time of the call;
    3. the duration of the call;
    4. the name and address of the Spark Subscriber;
    5. the total amount of the call;
    6. the reason the amount is being passed back to the Service Provider.

This information cannot be backdated.

Provision of information by disk: Where requested by a Service Provider, Spark will provide call details on disk in Vision 0900 format. There will be a monthly charge for the provision of information in this form. The software required to recover the information on disk may be purchased or rented from Spark.

Payment: Spark will offset the amounts owed by the Service Provider to Spark with the amounts owed by Spark to the Service Provider. Where, following set off, Spark owes the Service Provider any sum, it will pay that sum by direct credit to the service providers bank account.
Where, following set off, the Service Provider owes Spark any sum, the Service Provider shall pay that sum to Spark by the 20th day of the month following the month in which the invoice is received by the Service Provider.

Pre-payment: Service Providers acknowledge that often they will be paid before Spark receives the money from Account Holders or Third Party Carriers. As such, Spark retains the right to debit disputed call charges (or call charges unpaid for any reason) against subsequent Service Provider invoices.

Bill queries: Any query or dispute in respect of any invoice, statement or payment must be raised, in writing, with Spark within two months of receipt by the Service Provider. Failure to do so will result in such invoices, call details or payments being deemed to be correct and the Service Provider waiving all rights to dispute any such invoice, call details or payment.

Part payment: Where an Account Holder who is a Spark Subscriber pays his or her Spark bill in part, Spark has discretion as to which part of the Spark bill to credit with the part payment, provided that Spark will credit 0900 calls made earlier in time before it credits 0900 calls made later.

Accreditation

Spark Accredited Service Provider ("TASP"): Where a Service Provider:

  1. has been operating Spark 0900 Services for more than 12 months;
  2. provides more than $20,000 net revenue per month to Spark for four consecutive months; and
  3. has a history of good customer relations evidenced by a lack of customer complaints.

 

  1. TASP - benefits: Where a Service Provider is granted TASP status:
    1. TASPs shall have the responsibility and ability to approve Spark 0900 Services provided by them and all Advertising in respect of such Spark 0900 Services to ensure compliance with the provisions and intent of the Contract and this Policy;
    2. where a TASP is uncertain whether a proposed or existing Spark 0900 Service or Advertising complies with the Spark 0900 Connection Contract or this Policy, the TASP shall refer the issue to Spark for a final decision;
    3. where a TASP has approved a Spark 0900 Service, the TASP shall provide Spark with a Provisioning Request.
  2. Spark's overriding discretion: Any decision by a TASP regarding the approval of any Spark 0900 Service or Advertising is subject to Spark's overriding discretion.
  3. Removal of Status: If, for any reason, Spark's business objectives change to the extent that the TASP structure is no longer compatible with those objectives, Spark may, on 5 days' notice, remove TASP status and terminate or suspend the provision of all Spark services to a TASP. On receipt of such notice the TASP must, to the extent required by Spark, assign all contracts it holds with third parties in respect of the provision of any Spark 0900 Services to Spark and the TASP indemnifies Spark for any costs or liabilities Spark incurs as a result.

Specific Spark 0900 Services

Games: A game is any amusement, fun or sport in which participants can win money or money's worth. The outcome of games run as Spark 0900 Services must be determined solely by the skill, knowledge or ability of those playing.

  1. Sales promotions: A sales promotion is any competition or lottery where the right of participants to enter is dependent on the purchase of a good or service at the usual retail price and the outcome of the competition or lottery is determined wholly by chance or by a combination of skill and chance. Service Providers running sales promotions must not charge Account Holders any additional consideration to enter the sales promotion.
  2. Internet Dialler Services: Service Providers offering Internet Dialler Services must:
    1. not provide access to sites via an Internet Dialler Service which are generally accessible via other means of connection at no charge;
    2. provide a secure and unique user authentication code which the Account Holder must enter manually in order to connect to the Internet Dialler Service;
    3. prominently display a timer at all times during the provision of the Internet Dialler Service showing the duration of the connection to the Internet Dialler Service;
    4. where the Internet Dialler Service is charged per minute, prominently display a separate dialogue box at not less than 5 minute intervals showing the duration of the connection to the Internet Dialler Service and requiring the user to click "OK" to remove the dialogue box;
    5. disconnect the Internet Dialler Service if it is left idle for 2 minutes;
    6. reset the Account Holder's computer to the previous default internet connection at the end of the Internet Dialler Service call;
    7. not activate an Internet Dialler Service call except via the process set out in clause 4;
    8. ensure the Internet Dialler Service does not impact any software on the Account Holder's computer;
    9. provide easily accessible and timely customer support services to Account Holders using the Internet Dialler Service; and
    10. respond to queries from the Account Holder or Spark regarding charges for an Internet Dialler Service within 1 working day.
  3. Health lines: The provision of health advice via Spark 0900 numbers will only be permitted where:
    1. such Spark 0900 Services provide only factual information in an appropriate manner;
    2. any information provided to Account Holders is general information and does not purport to provide information or diagnoses for Account Holders;
    3. no claims of any kind are made (in the Spark 0900 Service or in Advertising for it) which are not capable of proof to the satisfaction of Spark;
    4. Spark is, in all respects, satisfied that the Spark 0900 Service will be run in an appropriate manner and that the information to be provided has been prepared, and/or will be provided, by an appropriately qualified person; and
    5. the opening messages of such Spark 0900 Services make clear:
      1. the qualifications and experience of the person preparing the information;
      2. that Account Holders should not rely solely on the Spark 0900 Service and that they should see their doctor before undertaking or suspending any treatment.
  4. Closed-user groups: Closed-user group services are Spark 0900 Services provided to Account Holders who have pre-subscribed to the Spark 0900 Services. Any Spark 0900 Service may be offered as in the form of a closed-user group service where Spark is satisfied in all respects that permitting a particular Spark 0900 Service to operate in that form is appropriate. In respect of such Spark 0900 Services:
    1. the Spark 0900 number must not be published or released in any way except to those who subscribe for the Spark 0900 Service;
    2. on subscription, an Account Holder is to be provided with:
      1. the Spark 0900 number;
      2. the name of the Service Provider;
      3. clear details of the nature and cost of the Spark 0900 Service;
      4. contact details for the Service Provider including address and Contact number.

    Closed-user group services are not required to provide an opening message unless any change is made to them following subscription or Spark determines that an opening message is appropriate. Where changes of any kind are made to such a service, the Service Provider must notify all subscribers, Spark and, if required by Spark, operate an opening message advising Account Holders of the change for one month (or longer if required by Spark).

 

 

 

 

  • Live Group Interaction Lines: Spark 0900 Services which involve two or more Account Holders simultaneously interacting with each other are not permitted unless:
    1. the purpose of the call is not entertainment:
    2. the nature of the call and topics to be discussed are within the spirit and intent of this Policy;
    3. all users of the Spark 0900 Service are aware of the nature of the call and the topics to be discussed and the fact that the call may be monitored by Spark or the Service Provider and terminated if the content of the call is inappropriate or offensive;
    4. all users of the Spark 0900 Service are aware of the total cost of the call prior to the beginning of the call; and
    5. an agenda is provided to Spark prior to the Spark 0900 Service being provided.
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    For the avoidance of doubt, chat lines and group access bridging services provided for entertainment purposes are not permitted.

     

     

     

     

  • Fundraising: Spark may permit fundraising via Spark 0900 Services where Spark considers appropriate. All fundraising Spark 0900 Services must be non-profit. Service Providers shall make no charge other than their actual costs connected with the Spark 0900 Service. Spark 0900 Services designed for fundraising must be conducted by a registered charity or registered political party or under a trust deed. Where a trust deed is required by Spark, the trust deed must clearly provide:
    1. the status and objectives of the trust;
    2. the trustees;
    3. the beneficiaries;
    4. the value of Account Holder contributions to the beneficiary;
    5. the procedure to be followed if more money is raised than necessary; and
    6. the manner in which contributions will be distributed.

    All fundraising Spark 0900 Services and related Advertising must explain clearly:

    1. the purpose of the fundraising;
    2. the identity of the beneficiaries;
    3. the effect of raising more than required; and
    4. that accounts relating to the fundraising are available on request.
  • Fax back: Where a Spark 0900 Service involves the provision of information via facsimile in response to the entering of a facsimile number, an opening message is not required. In all other cases involving facsimile based Spark 0900 Services, an opening message is required. The opening message shall make clear the number of pages that will be sent. All fax messages must include, on the first page transmitted, the name of the Service Provider, contact details for the Service Provider (including the Contact number) and the number of pages to be sent.
  • Trials: Spark may permit Spark 0900 Services to operate on a trial basis. Such Spark 0900 Services will be subject to such requirements and controls as Spark deems appropriate and may be exempt from certain requirements of this Policy. The Spark 0900 Services which may be operated on a trial basis and the duration of such trials shall be determined by Spark and Spark shall be under no obligation to allow any Spark 0900 Service to continue following completion of the trial period or to allow any other Spark 0900 Service to operate on a trial basis.
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    International Service Providers

    Products: International Service Providers are charged for four products:

    1. tolls;
    2. customer link;
    3. PSTN; and
    4. Spark 0900.

     

    1. Billing: All Spark 0900 costs incurred by the Service Provider are to be charged to a separate Spark 0900 account. 0900 costs are set off against revenue generated by the Spark 0900 Service. Where, following set off, Spark owes the Information Provider any sum, it will pay that sum by direct credit to the service providers bank account. A soft copy of the call details can be provided.
    2. Contact number: International Service Providers must provide a toll free Contact number for use by Account Holders who have queries or complaints regarding the Spark 0900 Service.

    This Spark 0900 policy is effective from 31 October 2005.

    Introduction

    Definitions: In this Policy, unless the context otherwise requires:

    "Account Holder" means a person (who is not a Service Provider) who is a subscriber for a telephone or internet service and holds a current telephone or an internet connection account with Spark or a Third Party Carrier.

    "Advertising" means the publication, in any form, of a Spark 0900 number and includes anything the intent or effect of which is to encourage the use of a Spark 0900 Service.

    "Request for Service" means a request to operate a Spark 0900 Service made to Spark or to a TASP which will process and manage it on behalf of Spark.

    "Bureau" means any Service Provider who provides a number of Spark 0900 Services.

    "Contact number" means the telephone number Service Providers are required to provide under clause 2(i) of this Policy.

    "Internet Dialler Service" means any software or service that causes an Account Holder's modem to connect to the internet via a Spark 0900 number.

    "Policy" means this document and any additional requirements imposed by Spark on Service Providers.

    "Provisioning Request" means details of the technical requirements for a Spark 0900 Service provided to Spark by a TASP in respect of each Spark 0900 Service operated by the TASP.

    "TASP" means a Service Provider granted the status of Spark Accredited Service Provider in accordance with clause 13 of this Policy.

    "Spark" means Spark New Zealand Limited and all its related companies (as that term is defined in the Companies Act 1993).

    "Spark 0900 number" means the telephone number allocated to a Service Provider in respect of a specific Spark 0900 Service by Spark. "Spark 0900 Connection Contract" means a contract made between Spark and a Service Provider under which Spark will make available to the Service Provider.

    1. those telephone switch services required to facilitate the making of a call by an Account Holder to a Spark 0900 Service; and
    2. ii. assistance in the billing and collection of amounts due to the Service Provider from the Account Holder, in the manner described in clause 12; "Spark 0900 Service" means the service, information or Spark approved activities provided to an Account Holder who calls a Spark 0900 number;

    "Third Party Carrier" means a carrier other than Spark, that bills an Account Holder in respect of 0900 services;

    "Service Provider" means any person who enters into a Spark 0900 Connection Contract;

    "Spark Customer Contract" means the contract entered into between Spark and a Spark Account Holder;

    "Spark Subscriber" means a person who is a subscriber for a telephone or internet service and holds a current telephone or internet connection account, with Spark New Zealand Ltd, who is not a Service Provider.

     

    Spark 0900

    1. Spark 0900 is a Spark service by which Service Providers are able to provide, and charge for, information access by telephone or internet by Account Holders. The parties involved in the provision of a Spark 0900 Service are:
      1. Spark;
      2. Service Provider;
      3. Account Holder; and
      4. In some cases, a Third Party Carrier.

    Spark's role

    1. Spark facilitates the connection between the Account Holder and the Service Provider as well as billing the Account Holder on behalf of the Service Provider for Spark 0900 calls made from the Account Holder's phone or internet connection. Spark receives payment from Account Holders (sometimes via a Third Party Carrier) in respect of Spark 0900 charges and passes such payments (minus Spark's charges to Service Providers) to the Service Providers. Where a) Spark 0900 charges are disputed by an Account Holder or b) a Third Party Carrier does not pay Spark for whatever reason, Spark will not collect those charges. In the end, the issue of disputed or unpaid Spark 0900 charges is one between the Service Provider and the Account Holder (or, in some cases, the Third Party Carrier).
    2. Spark may also provide additional services requested by the Service Provider such as mail box set up and maintenance, business line installation, etc.
    3. Spark reserves the right to monitor, and has the right to require acceptable standards of Spark 0900 Services through the Spark 0900 Connection Contracts and this Policy. Spark may amend this Policy by giving notice in writing to Service Providers, such amendments having effect from the date specified in the notice.
    4. Spark retains the ultimate discretion in respect of the Request for Service and enforcement of this Policy in respect of particular Spark 0900 Services and Service Providers.

    Service Providers' Role

    1. Service Providers may themselves provide the information contained in Spark 0900 Services or they may obtain that information from third parties. Regardless of the origin of the content of Spark 0900 Services, Service Providers are responsible for ensuring that Spark 0900 Services comply, at all times, with the provisions and intent of the Spark 0900 Connection Contracts and this Policy.
    2. Within the bounds of the Spark 0900 Connection Contracts and this Policy, Service Providers determine the format, content and price of the Spark 0900 Services they operate. Spark will charge Service Providers for connecting calls to the Service Provider and additional services provided to the Service Provider. Spark will also a) bill Spark Subscribers or b) receive payment via Third Party Carriers where those other companies bill the Account Holders. Spark will pass on payments for Spark 0900 charges to the Service Provider.
    3. In relation to payments via Third Party Carriers:
      1. Spark will pay only when and if it receives payments from the Third Party Carrier;
      2. If payment has already been made by Spark to the Service Provider before it receives payment from the Third Party Carrier, the Service Provider will forthwith repay that sum to Spark (or Spark will debit that sum from the Service Provider's next statement).
    4. Before it pays to Service Providers the amounts collected from Account Holders, Spark may deduct any money owed to it by those Service Providers.
    5. If Service Providers obtain the information for their Spark 0900 Service from third parties, those third parties have no contractual relationship with Spark or the Account Holders. Such third parties are required to comply with the provisions and intent of the Spark 0900 Connection Contracts and this Policy and Service Providers are responsible for ensuring such compliance.
    6. Spark may make specific arrangements with a Service Provider in relation to any aspect of a Spark 0900 Service. Such arrangements are personal to that Service Provider and Spark shall be under no obligation to disclose any such arrangements or provide them to other Service Providers.
    7. Account Holders that are accessing the service as Spark Subscribers receive bills from Spark which detail Spark 0900 charges. Spark Subscribers pay such charges to Spark unless they dispute the charges. If charges are disputed Spark will not collect those charges. Such disputes are a matter between the Spark Subscriber and the Service Provider.

    Integrity of Spark network paramount

    Where Spark considers that the integrity of any part of the Spark telecommunications network is at risk, it may suspend any or all Spark 0900 Services to protect the integrity of that network.

    1. Request for Service

      Separate Requests for Service: A separate Request for Service must be made for each Spark 0900 Service.

      1. Requests for Service: Where a Request for Service is approved by a TASP that TASP must forward a Provisioning Request to Spark.
      2. Qualifications: The Service Provider must, if requested, supply evidence satisfactory to Spark that any information and advice to be provided by a proposed Spark 0900 Service has been prepared, and/or will be given, by an appropriately qualified person.
      3. Criteria: The Spark 0900 Service in respect of which a Request for Service is made must comply with the Spark 0900 Connection Contract and this Policy.
      4. Spark discretion: Notwithstanding any other provision in this Policy, Spark may authorise or reject any Request for Service or require further information from the Service Provider. Spark may, at any time, review its, or any TASP's, authorisation or rejection of any Request for Service.
      5. No warranties: Approval of a Request for Service or permitting the 0900 service to be used does not represent any warranty by Spark that the Spark 0900 Service complies, or will comply, with the laws of New Zealand or any other relevant jurisdiction.
      6. Lead times: Spark will use its best endeavours:
        1. to process Requests for Service within 10 working days of receipt;
        2. where a Request for Service is approved, to have the Spark 0900 Service ready for operation within 5 working days of approval, provided all necessary information and recordings have been received from the Service Provider in a timely manner.
      7. Ownership of numbers: The Spark 0900 number allocated to a Spark 0900 Service remains the property of Spark at all times. Spark 0900 numbers are allocated for use in respect of specific Spark 0900 Services and may not be assigned or transferred without Spark's consent.
      8. Contact number: All Spark 0900 Services must provide a New Zealand telephone number, held in the Service Providers' name which is not a Spark 0900 number (and, for Internet Dialler Services, the Service Provider must also provide an email or website address) at which they can be contacted by those who have queries or complaints regarding the Spark 0900 Service.
      9. Business line: Service Providers must enter Spark's Services Agreement for Business Customers in respect of the operation of Spark 0900 Services.
      10. Service Provider equipment: All equipment used in the provision of a Spark 0900 Service must be telepermitted and approved by Spark.
      11. Pre-recorded Services: All pre-recorded Spark 0900 Services must terminate on Spark's 0900 audiotext system or, where authorised by Spark, Spark approved Service Provider equipment.
    2. Content of Services

      Requirements: Subject to any exceptions contained in this Policy or Spark's specific written authorisation to the contrary, every Spark 0900 Service must:

      1. have an opening message as outlined in clause 4;
      2. be provided in a clear and, except Internet Dialler Services, audible manner and be easily comprehensible;
      3. comply with all laws of New Zealand and those of any other relevant jurisdiction; and
      4. be consistent with any Advertising for that Spark 0900 Service.

       

      Prohibitions: Subject to any exceptions contained in this Policy or Spark's specific written authorisation to the contrary, Spark 0900 Services must not:

    1. be of such a nature or conducted in such a manner that the Spark 0900 brand or Spark's reputation, might be damaged (as determined by Spark in its sole discretion);
    2. encourage, counsel or incite any person to commit a criminal offence, nor provide advice in respect of the commission of a criminal offence;
    3. encourage, counsel, incite or suggest to any person the use of harmful and/or illegal substances nor provide information in respect of the use, provision, procurement, or availability of harmful and/or illegal substances;
    4. contain inaccurate, untrue or out of date information;
    5. mislead a user in any way including by inaccuracy, ambiguity, exaggeration or omission;
    6. unreasonably prolong or delay any call or access to any site content, including by exaggerated pauses, provision of irrelevant information or unnecessary voice or dialogue box prompting;
    7. provide or refer to any other Spark 0900 Service which will or may require the user to incur further expense;
    8. target persons under the age of 18;
    9. target individuals or groups who, by virtue of their circumstances, may place unreasonable faith and/or reliance in the Spark 0900 Service;
    10. promote or provide inflammatory or demeaning opinions or portrayals of any individual or group, nor demean, debase, or disparage any individual or group on any grounds including religious, political, ethnic, racial, gender, sexual orientation, disability, occupational status or age.

    Opening Message

    Opening message: Opening messages must:

    1. be approved by Spark, if Spark so requests;
    2. be pre-recorded and provided via Spark's 0900 audiotext system or, where authorised by Spark, Spark approved Service Provider equipment equipment; or, for Internet Dialler Services, be displayed in a separate fixed dialogue box prior to connection to the Internet Dialler Service;
    3. be clear, audible (except for fax back and Internet Dialler Services) and easily comprehensible.
    4. provide:
      1. the name of the Spark 0900 Service;
      2. the name of the Service Provider;
      3. the cost of the call including whether that cost is calculated per minute or is a set fee for the entire call and whether that cost includes or excludes GST; and
      4. a warning to those not responsible for paying for the call to seek the permission of the Account Holder.
    5. in respect of adult entertainment services, provide a warning that the service is intended only for persons over the age of 18.
    6. in respect of Internet Dialler Services:
      1. advise that the user will be disconnected from his or her normal internet connection and connected to the Internet Dialler Service;
      2. feature a "Continue" and an "Exit" button at the end of the text of the opening message in the dialogue box. Connection to the Internet Dialler Service and charging for the service must not commence unless and until the user has clicked the "Continue" button. Service Providers must ensure that dialling and modem tones are not suppressed.

     

    Extended charge free period: The period during which there is no charge for a call to a Spark 0900 Service can be extended beyond 10 seconds. Spark's charges to the Service Provider will begin 10 seconds after call connection regardless of the length of the Spark 0900 Service charge free period.

    Changes to Service: Where the nature, cost or terms of a Spark 0900 Service are changed a new opening message, approved by Spark, must be provided by the Service Provider.

    Price

    Charging: Calls may be charged at:

    1. a flat rate for the entire call regardless of duration;
    2. a set rate per minute;
    3. varying cost per minute based on the duration of the call. For example, a call may be five dollars for the first minute and two dollars for every minute thereafter.
    1. Fax back: Facsimile based Spark 0900 Services may be charged at a fixed rate only and not on a per minute basis.
    2. Maximum price: The maximum charge that can be made for any call regardless of duration is $88.88 (excluding GST). Service Providers can choose to have the maximum charge for any call set at a lower amount.
    3. Price changes: A Request for Service must be made to Spark at least 3 working days prior to the proposed implementation date of the change.
    4. Value added: Spark 0900 Services must be priced at a level which reflects the likely value provided to those using the Spark 0900 Service. Spark may determine that a Spark 0900 Service does not provide value for money at a particular, or any, price.
    5. Full value: Callers must receive the full value of the Spark 0900 Service during the call to the Spark 0900 Service. The value of the call shall not be calculated by reference to items, services, information or other benefits subsequently received by those using the Spark 0900 Service.
    6. Tax invoices: Spark will not provide tax invoices to Account Holders for calls to Spark 0900 Services. It is the Service Providers' responsibility to issue tax invoices where requested or where required by law.

    Advertising

    Requirements: Advertising for every proposed or existing Spark 0900 Service, or changes to such Advertising must:

    1. if required by Spark, be submitted to Spark, or, where a Spark 0900 Service is provided through a TASP to that TASP, for approval and be accompanied by an indication of the media, publications and times at which it is intended that the Advertising will be made public;
    2. comply with the Advertising Code of Practice and the Advertising Code of Ethics published by the Advertising Standards Authority;
    3. comply with all laws of New Zealand and those of any other relevant jurisdictions; and
    4. be consistent with the nature of the Spark 0900 Service to which it relates.

     

    1. Prohibition: Without limiting clause 6(a) and subject to Spark's specific written authorisation to the contrary, Advertising for a Spark 0900 Service must not:
      1. be of such a nature or conducted in such a manner that the Spark 0900 brand or Spark's reputation might be damaged (as determined by Spark in its sole discretion);
      2. be targeted at persons under the age of 18 or aired at times or placed in publications where the audience is likely to be solely or largely persons under the age of 18;
      3. be misleading as to the nature, type or price of the Spark 0900 Service or the benefits the Spark 0900 Service can provide;
      4. contain inaccurate, untrue or out of date information;
      5. target individual groups who, by virtue of their circumstances, may place unreasonable faith and/or reliance in the Spark 0900 Service to which the Advertising relates; and
      6. promote or provide inflammatory or demeaning opinions of any individual or group, nor demean, debase or disparage any individual or group on any grounds including religious, political, ethnic, racial, gender, sexual orientation, disability, occupational status or age.
    2. Additional requirements: Spark may authorise any Advertising subject to any restrictions or requirements which Spark sees fit.
    3. No Warranty: Approval of Advertising by Spark or by any TASP does not represent any warranty by Spark that the Advertising concerned complies with the laws of New Zealand or any other jurisdiction.
    4. Review: Spark may, at any time, review its, or any TASP's approval of any Advertising.
    5. Print media: All Advertising placed in print media, on billboards, on teletext, on the internet or in any other printed form must contain:
      1. the cost of the call, whether that cost is per minute or a flat rate for the entire call, whether the price includes or excludes GST, and whether differentiated pricing applies;
      2. the name of the Service Provider;
      3. the Contact number for the Service Provider; and
      4. a warning to those not responsible for paying for the call to seek the permission of the Spark Account Holder.
      5. All information in any Advertising must be clear, legible, presented horizontally and in a way that does not require close scrutiny.
    6. Radio Advertising: All radio Advertising must clearly provide:
      1. the cost of the call, whether that cost is per minute or a flat rate for the entire call, whether the price includes or excludes GST, and whether differentiated pricing applies;
      2. the name of the Service Provider;
      3. a warning to those not responsible for paying for the call to seek the permission of the Spark Account Holder.
      4. All information in any radio Advertising must be provided clearly and audibly and presented in a way that does not require close scrutiny.
    7. Television Advertising: All television Advertising must clearly include the following information:
      1. both on screen and in a voice-over:
        1. the cost of the call, whether that cost is per minute or a flat rate for the entire call, whether the price includes or excludes GST, and whether differentiated pricing applies; and
        2. a warning to those not responsible for paying for the call to seek the permission of the Spark Account Holder; and
      2. either on screen or in a voice-over:
        1. the name of the Service Provider; and
        2. the Contact number for the Service Provider.

    All information in any television Advertising must be clearly and legibly displayed and the voice-over must be clear and audible. Where this clause 6(h) requires details to be displayed on-screen they must be displayed while the Spark 0900 number itself is displayed and must be presented in a way which does not require close scrutiny.

    Monitoring

    Monitoring by Spark: Spark may randomly monitor all Spark 0900 Services and advertising to determine compliance with this Policy. Such monitoring may involve the calling of Spark 0900 Services, using the PSTN numbers allocated to them, to determine whether they comply with the Spark 0900 Connection Contract, this Policy and any other requirements imposed by Spark. Spark will not pay Service Providers any 0900 call charges for calls made to monitor 0900 Services.

    1. Monitoring by Bureau: Bureaus must, if required by Spark, undertake monitoring of Spark 0900 Services provided by or through them. Such monitoring is to involve the calling of Spark 0900 Services at the Bureau's cost to determine whether they comply with this Policy and any other requirements imposed by Spark. In their relationship with third parties involved in Spark 0900 Services provided by them, Bureaus must ensure that they, and Spark, have the right to monitor those Spark 0900 Services.

    Effect of Breach

    Responsibility for breaches: All breaches of this Policy in respect of a Spark 0900 Service are deemed to be the responsibility of the Service Provider.

    1. Breach: Where Spark determines that a breach of this Policy has been committed by any Spark 0900 Service, Spark may suspend or terminate the Spark 0900 Service on five days' notice.
    2. Breaches causing damage: Where a breach of Policy is of such a nature that Spark (in its sole discretion) considers that damage is, or may be, caused to Spark's reputation or the image of the Spark 0900 brand, or where Spark determines that a Spark 0900 Service breaches any law, Spark may immediately suspend or terminate operation of the Spark 0900 Service.
    3. Bureaus: Where Spark considers that an unacceptable number of all Spark 0900 Services provided through a Bureau breach this Policy, Spark may terminate some or all Spark 0900 Services provided by that Bureau on five days' notice and refuse to accept further Requests for Service for Spark 0900 Services from that Bureau.
    4. TASPs: Where Spark considers that an unacceptable number of all Spark 0900 Services provided through a TASP breach this Policy in any two month period, Spark may, on five days' notice:
      1. suspend or terminate some or all Spark 0900 Services provided by that TASP;
      2. withdraw some or all of the benefits associated with TASP status; and
      3. remove TASP status altogether.
    5. No liability for suspension or termination: To the extent allowed by law, Spark will not be liable (in contract, tort including negligence, or otherwise) to any person for any damage, loss or cost (whether direct or indirect and including any loss of business or profits) arising from or related to the suspension or termination of a Spark 0900 Service in accordance with this Policy or the Spark 0900 Connection Contract.

    Disputed Calls

    Collection: Where a Spark Subscriber disputes Spark 0900 charges on his/her account or does not make full payment for such charges on the due date, Spark will take such steps as it considers appropriate in determining whether, and in what manner, the charges for such calls shall be collected from the Spark Subscriber by Spark.

    1. Collection by Service Provider: Where Spark advises Service Providers that it will not collect Spark 0900 charges from a Spark Subscriber, Service Providers can seek recovery of the debt from the Spark Subscriber. Where a Service Provider attempts to obtain payment from Spark Subscribers or other Account Holders for charges passed back by Spark, the Service Provider must not do so in a manner which damages or is likely to damage Spark's image or that of the Spark 0900 brand. Any claims for the recovery of such debts must be made in the name of the Service Providers, not Spark.
    2. Bad debt levels: The Service Provider shall ensure the value of charges disputed or not paid in full by Account Holders on the due date in respect of calls to the Spark 0900 Service shall, during any three month period, remain below 7.5% of both total calls and the total value of all calls to the Spark 0900 Service during that period.

    0900 Call Blocking

    Applying an 0900 block: Spark may place an 0900 bar on a Spark Subscriber's phone. The nature of any bar placed on a Spark Subscriber's line will be determined by the Spark Subscriber's request and/or Spark's sole discretion. Third Party Carriers may place an 0900 bar on their Account Holder's phone. The nature of any bar placed on an Account Holder's line will be determined by the Account Holder and/or the Third Party Carrier's sole discretion.

    Complaints

    Complaints to Spark: Where any Account Holder contacts Spark with a complaint regarding any Spark 0900 Service, Spark will provide the Account Holder with contact details for the Service Provider. Spark will advise the Account Holder that, while Spark or a Third Party Carrier has billed him or her in respect of the Spark 0900 Service, the Spark 0900 Service was provided by the Service Provider.

    1. Governmental/regulatory investigations: Where any government or regulatory body commences an investigation in respect of a Spark 0900 Service, the relevant Service Provider shall actively assist with any such investigation. Spark may assist with any such investigation by providing some or all relevant information requested by such bodies.

    Billing

    1. Account Holders: Account Holders will be billed for their 0900 calls on a monthly basis. 0900 charges will be incorporated in the Account Holder's normal telephone services bill. The following information will be provided:
      1. the 0900 number called;
      2. the time the call was made;
      3. the duration of the call; and
      4. the cost of the call.
    2. Service Provider - Spark charges: Each Service Provider will receive an invoice detailing amounts owing by the Service Provider to Spark in respect of the relevant Spark 0900 Service. These invoices will contain:
      1. the total number of calls made to the Spark 0900 Service;
      2. the amount of charges owing to Spark in respect of calls made to the Spark 0900 Service; and
      3. any other amounts owing by the Service Provider to Spark in respect of the Spark 0900 Service.
    3. Service Provider - income: Service Providers will receive a monthly statement from Spark recording details of all calls made to the relevant Spark 0900 Service. These details will include:
      1. total number of calls to the Spark 0900 Service; and
      2. total cost of all calls to Spark 0900 Service.

    Bad debt: Details of amounts passed back to the Service Provider to be included in the monthly statement will include the Spark 0900 Service called.

    On request information: Service Providers may request that Spark provide the following information to be provided as part of their invoice:

    1. the total duration of all calls;
    2. the time of each call;
    3. the duration of each call;
    4. the total cost of each call;
    5. in relation to amounts passed back to the Service Provider:
      1. the Spark Subscriber's phone number;
      2. the date and time of the call;
      3. the duration of the call;
      4. the name and address of the Spark Subscriber;
      5. the total amount of the call;
      6. the reason the amount is being passed back to the Service Provider.

    This information cannot be backdated.

    Provision of information by disk: Where requested by a Service Provider, Spark will provide call details on disk in Vision 0900 format. There will be a monthly charge for the provision of information in this form. The software required to recover the information on disk may be purchased or rented from Spark.

    Payment: Spark will offset the amounts owed by the Service Provider to Spark with the amounts owed by Spark to the Service Provider. Where, following set off, Spark owes the Service Provider any sum, it will pay that sum by direct credit to the service providers bank account.
    Where, following set off, the Service Provider owes Spark any sum, the Service Provider shall pay that sum to Spark by the 20th day of the month following the month in which the invoice is received by the Service Provider.

    Pre-payment: Service Providers acknowledge that often they will be paid before Spark receives the money from Account Holders or Third Party Carriers. As such, Spark retains the right to debit disputed call charges (or call charges unpaid for any reason) against subsequent Service Provider invoices.

    Bill queries: Any query or dispute in respect of any invoice, statement or payment must be raised, in writing, with Spark within two months of receipt by the Service Provider. Failure to do so will result in such invoices, call details or payments being deemed to be correct and the Service Provider waiving all rights to dispute any such invoice, call details or payment.

    Part payment: Where an Account Holder who is a Spark Subscriber pays his or her Spark bill in part, Spark has discretion as to which part of the Spark bill to credit with the part payment, provided that Spark will credit 0900 calls made earlier in time before it credits 0900 calls made later.

    Accreditation

    Spark Accredited Service Provider ("TASP"): Where a Service Provider:

    1. has been operating Spark 0900 Services for more than 12 months;
    2. provides more than $20,000 net revenue per month to Spark for four consecutive months; and
    3. has a history of good customer relations evidenced by a lack of customer complaints.

     

    1. TASP - benefits: Where a Service Provider is granted TASP status:
      1. TASPs shall have the responsibility and ability to approve Spark 0900 Services provided by them and all Advertising in respect of such Spark 0900 Services to ensure compliance with the provisions and intent of the Contract and this Policy;
      2. where a TASP is uncertain whether a proposed or existing Spark 0900 Service or Advertising complies with the Spark 0900 Connection Contract or this Policy, the TASP shall refer the issue to Spark for a final decision;
      3. where a TASP has approved a Spark 0900 Service, the TASP shall provide Spark with a Provisioning Request.
    2. Spark's overriding discretion: Any decision by a TASP regarding the approval of any Spark 0900 Service or Advertising is subject to Spark's overriding discretion.
    3. Removal of Status: If, for any reason, Spark's business objectives change to the extent that the TASP structure is no longer compatible with those objectives, Spark may, on 5 days' notice, remove TASP status and terminate or suspend the provision of all Spark services to a TASP. On receipt of such notice the TASP must, to the extent required by Spark, assign all contracts it holds with third parties in respect of the provision of any Spark 0900 Services to Spark and the TASP indemnifies Spark for any costs or liabilities Spark incurs as a result.

    Specific Spark 0900 Services

    Games: A game is any amusement, fun or sport in which participants can win money or money's worth. The outcome of games run as Spark 0900 Services must be determined solely by the skill, knowledge or ability of those playing.

    1. Sales promotions: A sales promotion is any competition or lottery where the right of participants to enter is dependent on the purchase of a good or service at the usual retail price and the outcome of the competition or lottery is determined wholly by chance or by a combination of skill and chance. Service Providers running sales promotions must not charge Account Holders any additional consideration to enter the sales promotion.
    2. Internet Dialler Services: Service Providers offering Internet Dialler Services must:
      1. not provide access to sites via an Internet Dialler Service which are generally accessible via other means of connection at no charge;
      2. provide a secure and unique user authentication code which the Account Holder must enter manually in order to connect to the Internet Dialler Service;
      3. prominently display a timer at all times during the provision of the Internet Dialler Service showing the duration of the connection to the Internet Dialler Service;
      4. where the Internet Dialler Service is charged per minute, prominently display a separate dialogue box at not less than 5 minute intervals showing the duration of the connection to the Internet Dialler Service and requiring the user to click "OK" to remove the dialogue box;
      5. disconnect the Internet Dialler Service if it is left idle for 2 minutes;
      6. reset the Account Holder's computer to the previous default internet connection at the end of the Internet Dialler Service call;
      7. not activate an Internet Dialler Service call except via the process set out in clause 4;
      8. ensure the Internet Dialler Service does not impact any software on the Account Holder's computer;
      9. provide easily accessible and timely customer support services to Account Holders using the Internet Dialler Service; and
      10. respond to queries from the Account Holder or Spark regarding charges for an Internet Dialler Service within 1 working day.
    3. Health lines: The provision of health advice via Spark 0900 numbers will only be permitted where:
      1. such Spark 0900 Services provide only factual information in an appropriate manner;
      2. any information provided to Account Holders is general information and does not purport to provide information or diagnoses for Account Holders;
      3. no claims of any kind are made (in the Spark 0900 Service or in Advertising for it) which are not capable of proof to the satisfaction of Spark;
      4. Spark is, in all respects, satisfied that the Spark 0900 Service will be run in an appropriate manner and that the information to be provided has been prepared, and/or will be provided, by an appropriately qualified person; and
      5. the opening messages of such Spark 0900 Services make clear:
        1. the qualifications and experience of the person preparing the information;
        2. that Account Holders should not rely solely on the Spark 0900 Service and that they should see their doctor before undertaking or suspending any treatment.
    4. Closed-user groups: Closed-user group services are Spark 0900 Services provided to Account Holders who have pre-subscribed to the Spark 0900 Services. Any Spark 0900 Service may be offered as in the form of a closed-user group service where Spark is satisfied in all respects that permitting a particular Spark 0900 Service to operate in that form is appropriate. In respect of such Spark 0900 Services:
      1. the Spark 0900 number must not be published or released in any way except to those who subscribe for the Spark 0900 Service;
      2. on subscription, an Account Holder is to be provided with:
        1. the Spark 0900 number;
        2. the name of the Service Provider;
        3. clear details of the nature and cost of the Spark 0900 Service;
        4. contact details for the Service Provider including address and Contact number.

      Closed-user group services are not required to provide an opening message unless any change is made to them following subscription or Spark determines that an opening message is appropriate. Where changes of any kind are made to such a service, the Service Provider must notify all subscribers, Spark and, if required by Spark, operate an opening message advising Account Holders of the change for one month (or longer if required by Spark).

     

     

     

     

  • Live Group Interaction Lines: Spark 0900 Services which involve two or more Account Holders simultaneously interacting with each other are not permitted unless:
    1. the purpose of the call is not entertainment:
    2. the nature of the call and topics to be discussed are within the spirit and intent of this Policy;
    3. all users of the Spark 0900 Service are aware of the nature of the call and the topics to be discussed and the fact that the call may be monitored by Spark or the Service Provider and terminated if the content of the call is inappropriate or offensive;
    4. all users of the Spark 0900 Service are aware of the total cost of the call prior to the beginning of the call; and
    5. an agenda is provided to Spark prior to the Spark 0900 Service being provided.
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    For the avoidance of doubt, chat lines and group access bridging services provided for entertainment purposes are not permitted.

     

     

     

     

  • Fundraising: Spark may permit fundraising via Spark 0900 Services where Spark considers appropriate. All fundraising Spark 0900 Services must be non-profit. Service Providers shall make no charge other than their actual costs connected with the Spark 0900 Service. Spark 0900 Services designed for fundraising must be conducted by a registered charity or registered political party or under a trust deed. Where a trust deed is required by Spark, the trust deed must clearly provide:
    1. the status and objectives of the trust;
    2. the trustees;
    3. the beneficiaries;
    4. the value of Account Holder contributions to the beneficiary;
    5. the procedure to be followed if more money is raised than necessary; and
    6. the manner in which contributions will be distributed.

    All fundraising Spark 0900 Services and related Advertising must explain clearly:

    1. the purpose of the fundraising;
    2. the identity of the beneficiaries;
    3. the effect of raising more than required; and
    4. that accounts relating to the fundraising are available on request.
  • Fax back: Where a Spark 0900 Service involves the provision of information via facsimile in response to the entering of a facsimile number, an opening message is not required. In all other cases involving facsimile based Spark 0900 Services, an opening message is required. The opening message shall make clear the number of pages that will be sent. All fax messages must include, on the first page transmitted, the name of the Service Provider, contact details for the Service Provider (including the Contact number) and the number of pages to be sent.
  • Trials: Spark may permit Spark 0900 Services to operate on a trial basis. Such Spark 0900 Services will be subject to such requirements and controls as Spark deems appropriate and may be exempt from certain requirements of this Policy. The Spark 0900 Services which may be operated on a trial basis and the duration of such trials shall be determined by Spark and Spark shall be under no obligation to allow any Spark 0900 Service to continue following completion of the trial period or to allow any other Spark 0900 Service to operate on a trial basis.
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    International Service Providers

    Products: International Service Providers are charged for four products:

    1. tolls;
    2. customer link;
    3. PSTN; and
    4. Spark 0900.

     

    1. Billing: All Spark 0900 costs incurred by the Service Provider are to be charged to a separate Spark 0900 account. 0900 costs are set off against revenue generated by the Spark 0900 Service. Where, following set off, Spark owes the Information Provider any sum, it will pay that sum by direct credit to the service providers bank account. A soft copy of the call details can be provided.
    2. Contact number: International Service Providers must provide a toll free Contact number for use by Account Holders who have queries or complaints regarding the Spark 0900 Service.

    This Spark 0900 policy is effective from 31 October 2005.

    Introduction

    Definitions: In this Policy, unless the context otherwise requires:

    "Account Holder" means a person (who is not a Service Provider) who is a subscriber for a telephone or internet service and holds a current telephone or an internet connection account with Spark or a Third Party Carrier.

    "Advertising" means the publication, in any form, of a Spark 0900 number and includes anything the intent or effect of which is to encourage the use of a Spark 0900 Service.

    "Request for Service" means a request to operate a Spark 0900 Service made to Spark or to a TASP which will process and manage it on behalf of Spark.

    "Bureau" means any Service Provider who provides a number of Spark 0900 Services.

    "Contact number" means the telephone number Service Providers are required to provide under clause 2(i) of this Policy.

    "Internet Dialler Service" means any software or service that causes an Account Holder's modem to connect to the internet via a Spark 0900 number.

    "Policy" means this document and any additional requirements imposed by Spark on Service Providers.

    "Provisioning Request" means details of the technical requirements for a Spark 0900 Service provided to Spark by a TASP in respect of each Spark 0900 Service operated by the TASP.

    "TASP" means a Service Provider granted the status of Spark Accredited Service Provider in accordance with clause 13 of this Policy.

    "Spark" means Spark New Zealand Limited and all its related companies (as that term is defined in the Companies Act 1993).

    "Spark 0900 number" means the telephone number allocated to a Service Provider in respect of a specific Spark 0900 Service by Spark. "Spark 0900 Connection Contract" means a contract made between Spark and a Service Provider under which Spark will make available to the Service Provider.

    1. those telephone switch services required to facilitate the making of a call by an Account Holder to a Spark 0900 Service; and
    2. ii. assistance in the billing and collection of amounts due to the Service Provider from the Account Holder, in the manner described in clause 12; "Spark 0900 Service" means the service, information or Spark approved activities provided to an Account Holder who calls a Spark 0900 number;

    "Third Party Carrier" means a carrier other than Spark, that bills an Account Holder in respect of 0900 services;

    "Service Provider" means any person who enters into a Spark 0900 Connection Contract;

    "Spark Customer Contract" means the contract entered into between Spark and a Spark Account Holder;

    "Spark Subscriber" means a person who is a subscriber for a telephone or internet service and holds a current telephone or internet connection account, with Spark New Zealand Ltd, who is not a Service Provider.

     

    Spark 0900

    1. Spark 0900 is a Spark service by which Service Providers are able to provide, and charge for, information access by telephone or internet by Account Holders. The parties involved in the provision of a Spark 0900 Service are:
      1. Spark;
      2. Service Provider;
      3. Account Holder; and
      4. In some cases, a Third Party Carrier.

    Spark's role

    1. Spark facilitates the connection between the Account Holder and the Service Provider as well as billing the Account Holder on behalf of the Service Provider for Spark 0900 calls made from the Account Holder's phone or internet connection. Spark receives payment from Account Holders (sometimes via a Third Party Carrier) in respect of Spark 0900 charges and passes such payments (minus Spark's charges to Service Providers) to the Service Providers. Where a) Spark 0900 charges are disputed by an Account Holder or b) a Third Party Carrier does not pay Spark for whatever reason, Spark will not collect those charges. In the end, the issue of disputed or unpaid Spark 0900 charges is one between the Service Provider and the Account Holder (or, in some cases, the Third Party Carrier).
    2. Spark may also provide additional services requested by the Service Provider such as mail box set up and maintenance, business line installation, etc.
    3. Spark reserves the right to monitor, and has the right to require acceptable standards of Spark 0900 Services through the Spark 0900 Connection Contracts and this Policy. Spark may amend this Policy by giving notice in writing to Service Providers, such amendments having effect from the date specified in the notice.
    4. Spark retains the ultimate discretion in respect of the Request for Service and enforcement of this Policy in respect of particular Spark 0900 Services and Service Providers.

    Service Providers' Role

    1. Service Providers may themselves provide the information contained in Spark 0900 Services or they may obtain that information from third parties. Regardless of the origin of the content of Spark 0900 Services, Service Providers are responsible for ensuring that Spark 0900 Services comply, at all times, with the provisions and intent of the Spark 0900 Connection Contracts and this Policy.
    2. Within the bounds of the Spark 0900 Connection Contracts and this Policy, Service Providers determine the format, content and price of the Spark 0900 Services they operate. Spark will charge Service Providers for connecting calls to the Service Provider and additional services provided to the Service Provider. Spark will also a) bill Spark Subscribers or b) receive payment via Third Party Carriers where those other companies bill the Account Holders. Spark will pass on payments for Spark 0900 charges to the Service Provider.
    3. In relation to payments via Third Party Carriers:
      1. Spark will pay only when and if it receives payments from the Third Party Carrier;
      2. If payment has already been made by Spark to the Service Provider before it receives payment from the Third Party Carrier, the Service Provider will forthwith repay that sum to Spark (or Spark will debit that sum from the Service Provider's next statement).
    4. Before it pays to Service Providers the amounts collected from Account Holders, Spark may deduct any money owed to it by those Service Providers.
    5. If Service Providers obtain the information for their Spark 0900 Service from third parties, those third parties have no contractual relationship with Spark or the Account Holders. Such third parties are required to comply with the provisions and intent of the Spark 0900 Connection Contracts and this Policy and Service Providers are responsible for ensuring such compliance.
    6. Spark may make specific arrangements with a Service Provider in relation to any aspect of a Spark 0900 Service. Such arrangements are personal to that Service Provider and Spark shall be under no obligation to disclose any such arrangements or provide them to other Service Providers.
    7. Account Holders that are accessing the service as Spark Subscribers receive bills from Spark which detail Spark 0900 charges. Spark Subscribers pay such charges to Spark unless they dispute the charges. If charges are disputed Spark will not collect those charges. Such disputes are a matter between the Spark Subscriber and the Service Provider.

    Integrity of Spark network paramount

    Where Spark considers that the integrity of any part of the Spark telecommunications network is at risk, it may suspend any or all Spark 0900 Services to protect the integrity of that network.

    1. Request for Service

      Separate Requests for Service: A separate Request for Service must be made for each Spark 0900 Service.

      1. Requests for Service: Where a Request for Service is approved by a TASP that TASP must forward a Provisioning Request to Spark.
      2. Qualifications: The Service Provider must, if requested, supply evidence satisfactory to Spark that any information and advice to be provided by a proposed Spark 0900 Service has been prepared, and/or will be given, by an appropriately qualified person.
      3. Criteria: The Spark 0900 Service in respect of which a Request for Service is made must comply with the Spark 0900 Connection Contract and this Policy.
      4. Spark discretion: Notwithstanding any other provision in this Policy, Spark may authorise or reject any Request for Service or require further information from the Service Provider. Spark may, at any time, review its, or any TASP's, authorisation or rejection of any Request for Service.
      5. No warranties: Approval of a Request for Service or permitting the 0900 service to be used does not represent any warranty by Spark that the Spark 0900 Service complies, or will comply, with the laws of New Zealand or any other relevant jurisdiction.
      6. Lead times: Spark will use its best endeavours:
        1. to process Requests for Service within 10 working days of receipt;
        2. where a Request for Service is approved, to have the Spark 0900 Service ready for operation within 5 working days of approval, provided all necessary information and recordings have been received from the Service Provider in a timely manner.
      7. Ownership of numbers: The Spark 0900 number allocated to a Spark 0900 Service remains the property of Spark at all times. Spark 0900 numbers are allocated for use in respect of specific Spark 0900 Services and may not be assigned or transferred without Spark's consent.
      8. Contact number: All Spark 0900 Services must provide a New Zealand telephone number, held in the Service Providers' name which is not a Spark 0900 number (and, for Internet Dialler Services, the Service Provider must also provide an email or website address) at which they can be contacted by those who have queries or complaints regarding the Spark 0900 Service.
      9. Business line: Service Providers must enter Spark's Services Agreement for Business Customers in respect of the operation of Spark 0900 Services.
      10. Service Provider equipment: All equipment used in the provision of a Spark 0900 Service must be telepermitted and approved by Spark.
      11. Pre-recorded Services: All pre-recorded Spark 0900 Services must terminate on Spark's 0900 audiotext system or, where authorised by Spark, Spark approved Service Provider equipment.
    2. Content of Services

      Requirements: Subject to any exceptions contained in this Policy or Spark's specific written authorisation to the contrary, every Spark 0900 Service must:

      1. have an opening message as outlined in clause 4;
      2. be provided in a clear and, except Internet Dialler Services, audible manner and be easily comprehensible;
      3. comply with all laws of New Zealand and those of any other relevant jurisdiction; and
      4. be consistent with any Advertising for that Spark 0900 Service.

       

      Prohibitions: Subject to any exceptions contained in this Policy or Spark's specific written authorisation to the contrary, Spark 0900 Services must not:

    1. be of such a nature or conducted in such a manner that the Spark 0900 brand or Spark's reputation, might be damaged (as determined by Spark in its sole discretion);
    2. encourage, counsel or incite any person to commit a criminal offence, nor provide advice in respect of the commission of a criminal offence;
    3. encourage, counsel, incite or suggest to any person the use of harmful and/or illegal substances nor provide information in respect of the use, provision, procurement, or availability of harmful and/or illegal substances;
    4. contain inaccurate, untrue or out of date information;
    5. mislead a user in any way including by inaccuracy, ambiguity, exaggeration or omission;
    6. unreasonably prolong or delay any call or access to any site content, including by exaggerated pauses, provision of irrelevant information or unnecessary voice or dialogue box prompting;
    7. provide or refer to any other Spark 0900 Service which will or may require the user to incur further expense;
    8. target persons under the age of 18;
    9. target individuals or groups who, by virtue of their circumstances, may place unreasonable faith and/or reliance in the Spark 0900 Service;
    10. promote or provide inflammatory or demeaning opinions or portrayals of any individual or group, nor demean, debase, or disparage any individual or group on any grounds including religious, political, ethnic, racial, gender, sexual orientation, disability, occupational status or age.

    Opening Message

    Opening message: Opening messages must:

    1. be approved by Spark, if Spark so requests;
    2. be pre-recorded and provided via Spark's 0900 audiotext system or, where authorised by Spark, Spark approved Service Provider equipment equipment; or, for Internet Dialler Services, be displayed in a separate fixed dialogue box prior to connection to the Internet Dialler Service;
    3. be clear, audible (except for fax back and Internet Dialler Services) and easily comprehensible.
    4. provide:
      1. the name of the Spark 0900 Service;
      2. the name of the Service Provider;
      3. the cost of the call including whether that cost is calculated per minute or is a set fee for the entire call and whether that cost includes or excludes GST; and
      4. a warning to those not responsible for paying for the call to seek the permission of the Account Holder.
    5. in respect of adult entertainment services, provide a warning that the service is intended only for persons over the age of 18.
    6. in respect of Internet Dialler Services:
      1. advise that the user will be disconnected from his or her normal internet connection and connected to the Internet Dialler Service;
      2. feature a "Continue" and an "Exit" button at the end of the text of the opening message in the dialogue box. Connection to the Internet Dialler Service and charging for the service must not commence unless and until the user has clicked the "Continue" button. Service Providers must ensure that dialling and modem tones are not suppressed.

     

    Extended charge free period: The period during which there is no charge for a call to a Spark 0900 Service can be extended beyond 10 seconds. Spark's charges to the Service Provider will begin 10 seconds after call connection regardless of the length of the Spark 0900 Service charge free period.

    Changes to Service: Where the nature, cost or terms of a Spark 0900 Service are changed a new opening message, approved by Spark, must be provided by the Service Provider.

    Price

    Charging: Calls may be charged at:

    1. a flat rate for the entire call regardless of duration;
    2. a set rate per minute;
    3. varying cost per minute based on the duration of the call. For example, a call may be five dollars for the first minute and two dollars for every minute thereafter.
    1. Fax back: Facsimile based Spark 0900 Services may be charged at a fixed rate only and not on a per minute basis.
    2. Maximum price: The maximum charge that can be made for any call regardless of duration is $88.88 (excluding GST). Service Providers can choose to have the maximum charge for any call set at a lower amount.
    3. Price changes: A Request for Service must be made to Spark at least 3 working days prior to the proposed implementation date of the change.
    4. Value added: Spark 0900 Services must be priced at a level which reflects the likely value provided to those using the Spark 0900 Service. Spark may determine that a Spark 0900 Service does not provide value for money at a particular, or any, price.
    5. Full value: Callers must receive the full value of the Spark 0900 Service during the call to the Spark 0900 Service. The value of the call shall not be calculated by reference to items, services, information or other benefits subsequently received by those using the Spark 0900 Service.
    6. Tax invoices: Spark will not provide tax invoices to Account Holders for calls to Spark 0900 Services. It is the Service Providers' responsibility to issue tax invoices where requested or where required by law.

    Advertising

    Requirements: Advertising for every proposed or existing Spark 0900 Service, or changes to such Advertising must:

    1. if required by Spark, be submitted to Spark, or, where a Spark 0900 Service is provided through a TASP to that TASP, for approval and be accompanied by an indication of the media, publications and times at which it is intended that the Advertising will be made public;
    2. comply with the Advertising Code of Practice and the Advertising Code of Ethics published by the Advertising Standards Authority;
    3. comply with all laws of New Zealand and those of any other relevant jurisdictions; and
    4. be consistent with the nature of the Spark 0900 Service to which it relates.

     

    1. Prohibition: Without limiting clause 6(a) and subject to Spark's specific written authorisation to the contrary, Advertising for a Spark 0900 Service must not:
      1. be of such a nature or conducted in such a manner that the Spark 0900 brand or Spark's reputation might be damaged (as determined by Spark in its sole discretion);
      2. be targeted at persons under the age of 18 or aired at times or placed in publications where the audience is likely to be solely or largely persons under the age of 18;
      3. be misleading as to the nature, type or price of the Spark 0900 Service or the benefits the Spark 0900 Service can provide;
      4. contain inaccurate, untrue or out of date information;
      5. target individual groups who, by virtue of their circumstances, may place unreasonable faith and/or reliance in the Spark 0900 Service to which the Advertising relates; and
      6. promote or provide inflammatory or demeaning opinions of any individual or group, nor demean, debase or disparage any individual or group on any grounds including religious, political, ethnic, racial, gender, sexual orientation, disability, occupational status or age.
    2. Additional requirements: Spark may authorise any Advertising subject to any restrictions or requirements which Spark sees fit.
    3. No Warranty: Approval of Advertising by Spark or by any TASP does not represent any warranty by Spark that the Advertising concerned complies with the laws of New Zealand or any other jurisdiction.
    4. Review: Spark may, at any time, review its, or any TASP's approval of any Advertising.
    5. Print media: All Advertising placed in print media, on billboards, on teletext, on the internet or in any other printed form must contain:
      1. the cost of the call, whether that cost is per minute or a flat rate for the entire call, whether the price includes or excludes GST, and whether differentiated pricing applies;
      2. the name of the Service Provider;
      3. the Contact number for the Service Provider; and
      4. a warning to those not responsible for paying for the call to seek the permission of the Spark Account Holder.
      5. All information in any Advertising must be clear, legible, presented horizontally and in a way that does not require close scrutiny.
    6. Radio Advertising: All radio Advertising must clearly provide:
      1. the cost of the call, whether that cost is per minute or a flat rate for the entire call, whether the price includes or excludes GST, and whether differentiated pricing applies;
      2. the name of the Service Provider;
      3. a warning to those not responsible for paying for the call to seek the permission of the Spark Account Holder.
      4. All information in any radio Advertising must be provided clearly and audibly and presented in a way that does not require close scrutiny.
    7. Television Advertising: All television Advertising must clearly include the following information:
      1. both on screen and in a voice-over:
        1. the cost of the call, whether that cost is per minute or a flat rate for the entire call, whether the price includes or excludes GST, and whether differentiated pricing applies; and
        2. a warning to those not responsible for paying for the call to seek the permission of the Spark Account Holder; and
      2. either on screen or in a voice-over:
        1. the name of the Service Provider; and
        2. the Contact number for the Service Provider.

    All information in any television Advertising must be clearly and legibly displayed and the voice-over must be clear and audible. Where this clause 6(h) requires details to be displayed on-screen they must be displayed while the Spark 0900 number itself is displayed and must be presented in a way which does not require close scrutiny.

    Monitoring

    Monitoring by Spark: Spark may randomly monitor all Spark 0900 Services and advertising to determine compliance with this Policy. Such monitoring may involve the calling of Spark 0900 Services, using the PSTN numbers allocated to them, to determine whether they comply with the Spark 0900 Connection Contract, this Policy and any other requirements imposed by Spark. Spark will not pay Service Providers any 0900 call charges for calls made to monitor 0900 Services.

    1. Monitoring by Bureau: Bureaus must, if required by Spark, undertake monitoring of Spark 0900 Services provided by or through them. Such monitoring is to involve the calling of Spark 0900 Services at the Bureau's cost to determine whether they comply with this Policy and any other requirements imposed by Spark. In their relationship with third parties involved in Spark 0900 Services provided by them, Bureaus must ensure that they, and Spark, have the right to monitor those Spark 0900 Services.

    Effect of Breach

    Responsibility for breaches: All breaches of this Policy in respect of a Spark 0900 Service are deemed to be the responsibility of the Service Provider.

    1. Breach: Where Spark determines that a breach of this Policy has been committed by any Spark 0900 Service, Spark may suspend or terminate the Spark 0900 Service on five days' notice.
    2. Breaches causing damage: Where a breach of Policy is of such a nature that Spark (in its sole discretion) considers that damage is, or may be, caused to Spark's reputation or the image of the Spark 0900 brand, or where Spark determines that a Spark 0900 Service breaches any law, Spark may immediately suspend or terminate operation of the Spark 0900 Service.
    3. Bureaus: Where Spark considers that an unacceptable number of all Spark 0900 Services provided through a Bureau breach this Policy, Spark may terminate some or all Spark 0900 Services provided by that Bureau on five days' notice and refuse to accept further Requests for Service for Spark 0900 Services from that Bureau.
    4. TASPs: Where Spark considers that an unacceptable number of all Spark 0900 Services provided through a TASP breach this Policy in any two month period, Spark may, on five days' notice:
      1. suspend or terminate some or all Spark 0900 Services provided by that TASP;
      2. withdraw some or all of the benefits associated with TASP status; and
      3. remove TASP status altogether.
    5. No liability for suspension or termination: To the extent allowed by law, Spark will not be liable (in contract, tort including negligence, or otherwise) to any person for any damage, loss or cost (whether direct or indirect and including any loss of business or profits) arising from or related to the suspension or termination of a Spark 0900 Service in accordance with this Policy or the Spark 0900 Connection Contract.

    Disputed Calls

    Collection: Where a Spark Subscriber disputes Spark 0900 charges on his/her account or does not make full payment for such charges on the due date, Spark will take such steps as it considers appropriate in determining whether, and in what manner, the charges for such calls shall be collected from the Spark Subscriber by Spark.

    1. Collection by Service Provider: Where Spark advises Service Providers that it will not collect Spark 0900 charges from a Spark Subscriber, Service Providers can seek recovery of the debt from the Spark Subscriber. Where a Service Provider attempts to obtain payment from Spark Subscribers or other Account Holders for charges passed back by Spark, the Service Provider must not do so in a manner which damages or is likely to damage Spark's image or that of the Spark 0900 brand. Any claims for the recovery of such debts must be made in the name of the Service Providers, not Spark.
    2. Bad debt levels: The Service Provider shall ensure the value of charges disputed or not paid in full by Account Holders on the due date in respect of calls to the Spark 0900 Service shall, during any three month period, remain below 7.5% of both total calls and the total value of all calls to the Spark 0900 Service during that period.

    0900 Call Blocking

    Applying an 0900 block: Spark may place an 0900 bar on a Spark Subscriber's phone. The nature of any bar placed on a Spark Subscriber's line will be determined by the Spark Subscriber's request and/or Spark's sole discretion. Third Party Carriers may place an 0900 bar on their Account Holder's phone. The nature of any bar placed on an Account Holder's line will be determined by the Account Holder and/or the Third Party Carrier's sole discretion.

    Complaints

    Complaints to Spark: Where any Account Holder contacts Spark with a complaint regarding any Spark 0900 Service, Spark will provide the Account Holder with contact details for the Service Provider. Spark will advise the Account Holder that, while Spark or a Third Party Carrier has billed him or her in respect of the Spark 0900 Service, the Spark 0900 Service was provided by the Service Provider.

    1. Governmental/regulatory investigations: Where any government or regulatory body commences an investigation in respect of a Spark 0900 Service, the relevant Service Provider shall actively assist with any such investigation. Spark may assist with any such investigation by providing some or all relevant information requested by such bodies.

    Billing

    1. Account Holders: Account Holders will be billed for their 0900 calls on a monthly basis. 0900 charges will be incorporated in the Account Holder's normal telephone services bill. The following information will be provided:
      1. the 0900 number called;
      2. the time the call was made;
      3. the duration of the call; and
      4. the cost of the call.
    2. Service Provider - Spark charges: Each Service Provider will receive an invoice detailing amounts owing by the Service Provider to Spark in respect of the relevant Spark 0900 Service. These invoices will contain:
      1. the total number of calls made to the Spark 0900 Service;
      2. the amount of charges owing to Spark in respect of calls made to the Spark 0900 Service; and
      3. any other amounts owing by the Service Provider to Spark in respect of the Spark 0900 Service.
    3. Service Provider - income: Service Providers will receive a monthly statement from Spark recording details of all calls made to the relevant Spark 0900 Service. These details will include:
      1. total number of calls to the Spark 0900 Service; and
      2. total cost of all calls to Spark 0900 Service.

    Bad debt: Details of amounts passed back to the Service Provider to be included in the monthly statement will include the Spark 0900 Service called.

    On request information: Service Providers may request that Spark provide the following information to be provided as part of their invoice:

    1. the total duration of all calls;
    2. the time of each call;
    3. the duration of each call;
    4. the total cost of each call;
    5. in relation to amounts passed back to the Service Provider:
      1. the Spark Subscriber's phone number;
      2. the date and time of the call;
      3. the duration of the call;
      4. the name and address of the Spark Subscriber;
      5. the total amount of the call;
      6. the reason the amount is being passed back to the Service Provider.

    This information cannot be backdated.

    Provision of information by disk: Where requested by a Service Provider, Spark will provide call details on disk in Vision 0900 format. There will be a monthly charge for the provision of information in this form. The software required to recover the information on disk may be purchased or rented from Spark.

    Payment: Spark will offset the amounts owed by the Service Provider to Spark with the amounts owed by Spark to the Service Provider. Where, following set off, Spark owes the Service Provider any sum, it will pay that sum by direct credit to the service providers bank account.
    Where, following set off, the Service Provider owes Spark any sum, the Service Provider shall pay that sum to Spark by the 20th day of the month following the month in which the invoice is received by the Service Provider.

    Pre-payment: Service Providers acknowledge that often they will be paid before Spark receives the money from Account Holders or Third Party Carriers. As such, Spark retains the right to debit disputed call charges (or call charges unpaid for any reason) against subsequent Service Provider invoices.

    Bill queries: Any query or dispute in respect of any invoice, statement or payment must be raised, in writing, with Spark within two months of receipt by the Service Provider. Failure to do so will result in such invoices, call details or payments being deemed to be correct and the Service Provider waiving all rights to dispute any such invoice, call details or payment.

    Part payment: Where an Account Holder who is a Spark Subscriber pays his or her Spark bill in part, Spark has discretion as to which part of the Spark bill to credit with the part payment, provided that Spark will credit 0900 calls made earlier in time before it credits 0900 calls made later.

    Accreditation

    Spark Accredited Service Provider ("TASP"): Where a Service Provider:

    1. has been operating Spark 0900 Services for more than 12 months;
    2. provides more than $20,000 net revenue per month to Spark for four consecutive months; and
    3. has a history of good customer relations evidenced by a lack of customer complaints.

     

    1. TASP - benefits: Where a Service Provider is granted TASP status:
      1. TASPs shall have the responsibility and ability to approve Spark 0900 Services provided by them and all Advertising in respect of such Spark 0900 Services to ensure compliance with the provisions and intent of the Contract and this Policy;
      2. where a TASP is uncertain whether a proposed or existing Spark 0900 Service or Advertising complies with the Spark 0900 Connection Contract or this Policy, the TASP shall refer the issue to Spark for a final decision;
      3. where a TASP has approved a Spark 0900 Service, the TASP shall provide Spark with a Provisioning Request.
    2. Spark's overriding discretion: Any decision by a TASP regarding the approval of any Spark 0900 Service or Advertising is subject to Spark's overriding discretion.
    3. Removal of Status: If, for any reason, Spark's business objectives change to the extent that the TASP structure is no longer compatible with those objectives, Spark may, on 5 days' notice, remove TASP status and terminate or suspend the provision of all Spark services to a TASP. On receipt of such notice the TASP must, to the extent required by Spark, assign all contracts it holds with third parties in respect of the provision of any Spark 0900 Services to Spark and the TASP indemnifies Spark for any costs or liabilities Spark incurs as a result.

    Specific Spark 0900 Services

    Games: A game is any amusement, fun or sport in which participants can win money or money's worth. The outcome of games run as Spark 0900 Services must be determined solely by the skill, knowledge or ability of those playing.

    1. Sales promotions: A sales promotion is any competition or lottery where the right of participants to enter is dependent on the purchase of a good or service at the usual retail price and the outcome of the competition or lottery is determined wholly by chance or by a combination of skill and chance. Service Providers running sales promotions must not charge Account Holders any additional consideration to enter the sales promotion.
    2. Internet Dialler Services: Service Providers offering Internet Dialler Services must:
      1. not provide access to sites via an Internet Dialler Service which are generally accessible via other means of connection at no charge;
      2. provide a secure and unique user authentication code which the Account Holder must enter manually in order to connect to the Internet Dialler Service;
      3. prominently display a timer at all times during the provision of the Internet Dialler Service showing the duration of the connection to the Internet Dialler Service;
      4. where the Internet Dialler Service is charged per minute, prominently display a separate dialogue box at not less than 5 minute intervals showing the duration of the connection to the Internet Dialler Service and requiring the user to click "OK" to remove the dialogue box;
      5. disconnect the Internet Dialler Service if it is left idle for 2 minutes;
      6. reset the Account Holder's computer to the previous default internet connection at the end of the Internet Dialler Service call;
      7. not activate an Internet Dialler Service call except via the process set out in clause 4;
      8. ensure the Internet Dialler Service does not impact any software on the Account Holder's computer;
      9. provide easily accessible and timely customer support services to Account Holders using the Internet Dialler Service; and
      10. respond to queries from the Account Holder or Spark regarding charges for an Internet Dialler Service within 1 working day.
    3. Health lines: The provision of health advice via Spark 0900 numbers will only be permitted where:
      1. such Spark 0900 Services provide only factual information in an appropriate manner;
      2. any information provided to Account Holders is general information and does not purport to provide information or diagnoses for Account Holders;
      3. no claims of any kind are made (in the Spark 0900 Service or in Advertising for it) which are not capable of proof to the satisfaction of Spark;
      4. Spark is, in all respects, satisfied that the Spark 0900 Service will be run in an appropriate manner and that the information to be provided has been prepared, and/or will be provided, by an appropriately qualified person; and
      5. the opening messages of such Spark 0900 Services make clear:
        1. the qualifications and experience of the person preparing the information;
        2. that Account Holders should not rely solely on the Spark 0900 Service and that they should see their doctor before undertaking or suspending any treatment.
    4. Closed-user groups: Closed-user group services are Spark 0900 Services provided to Account Holders who have pre-subscribed to the Spark 0900 Services. Any Spark 0900 Service may be offered as in the form of a closed-user group service where Spark is satisfied in all respects that permitting a particular Spark 0900 Service to operate in that form is appropriate. In respect of such Spark 0900 Services:
      1. the Spark 0900 number must not be published or released in any way except to those who subscribe for the Spark 0900 Service;
      2. on subscription, an Account Holder is to be provided with:
        1. the Spark 0900 number;
        2. the name of the Service Provider;
        3. clear details of the nature and cost of the Spark 0900 Service;
        4. contact details for the Service Provider including address and Contact number.

      Closed-user group services are not required to provide an opening message unless any change is made to them following subscription or Spark determines that an opening message is appropriate. Where changes of any kind are made to such a service, the Service Provider must notify all subscribers, Spark and, if required by Spark, operate an opening message advising Account Holders of the change for one month (or longer if required by Spark).

     

     

     

     

  • Live Group Interaction Lines: Spark 0900 Services which involve two or more Account Holders simultaneously interacting with each other are not permitted unless:
    1. the purpose of the call is not entertainment:
    2. the nature of the call and topics to be discussed are within the spirit and intent of this Policy;
    3. all users of the Spark 0900 Service are aware of the nature of the call and the topics to be discussed and the fact that the call may be monitored by Spark or the Service Provider and terminated if the content of the call is inappropriate or offensive;
    4. all users of the Spark 0900 Service are aware of the total cost of the call prior to the beginning of the call; and
    5. an agenda is provided to Spark prior to the Spark 0900 Service being provided.
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    For the avoidance of doubt, chat lines and group access bridging services provided for entertainment purposes are not permitted.

     

     

     

     

  • Fundraising: Spark may permit fundraising via Spark 0900 Services where Spark considers appropriate. All fundraising Spark 0900 Services must be non-profit. Service Providers shall make no charge other than their actual costs connected with the Spark 0900 Service. Spark 0900 Services designed for fundraising must be conducted by a registered charity or registered political party or under a trust deed. Where a trust deed is required by Spark, the trust deed must clearly provide:
    1. the status and objectives of the trust;
    2. the trustees;
    3. the beneficiaries;
    4. the value of Account Holder contributions to the beneficiary;
    5. the procedure to be followed if more money is raised than necessary; and
    6. the manner in which contributions will be distributed.

    All fundraising Spark 0900 Services and related Advertising must explain clearly:

    1. the purpose of the fundraising;
    2. the identity of the beneficiaries;
    3. the effect of raising more than required; and
    4. that accounts relating to the fundraising are available on request.
  • Fax back: Where a Spark 0900 Service involves the provision of information via facsimile in response to the entering of a facsimile number, an opening message is not required. In all other cases involving facsimile based Spark 0900 Services, an opening message is required. The opening message shall make clear the number of pages that will be sent. All fax messages must include, on the first page transmitted, the name of the Service Provider, contact details for the Service Provider (including the Contact number) and the number of pages to be sent.
  • Trials: Spark may permit Spark 0900 Services to operate on a trial basis. Such Spark 0900 Services will be subject to such requirements and controls as Spark deems appropriate and may be exempt from certain requirements of this Policy. The Spark 0900 Services which may be operated on a trial basis and the duration of such trials shall be determined by Spark and Spark shall be under no obligation to allow any Spark 0900 Service to continue following completion of the trial period or to allow any other Spark 0900 Service to operate on a trial basis.
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    International Service Providers

    Products: International Service Providers are charged for four products:

    1. tolls;
    2. customer link;
    3. PSTN; and
    4. Spark 0900.

     

    1. Billing: All Spark 0900 costs incurred by the Service Provider are to be charged to a separate Spark 0900 account. 0900 costs are set off against revenue generated by the Spark 0900 Service. Where, following set off, Spark owes the Information Provider any sum, it will pay that sum by direct credit to the service providers bank account. A soft copy of the call details can be provided.
    2. Contact number: International Service Providers must provide a toll free Contact number for use by Account Holders who have queries or complaints regarding the Spark 0900 Service.