Business Terms and Conditions Before 1 July 2005

Business Terms and Conditions Before 1 July 2005

Business Terms and Conditions Before 1 July 2005

Terms and Conditions for all Small business customers, or Medium-sized and Corporate customers that signed a Spark Business Agreement before 1 July 2005, or who have not signed a Spark Business Agreement ("Business Customers").

Business Terms and Conditions

The following terms normally apply whenever we do anything for our Business Customers. Please call us on 126 if you have any questions about these terms. Different terms may apply to some services we provide for Business Customers, as we explain in these standard terms. If you want to use our services for residential or other non-business purposes, other terms apply. Please ask for a copy by calling us on 123.

1. These Terms

These terms apply whenever any Spark company provides services of any kind or does anything else for Spark Business Customers or other non-residential customers except where a separate written agreement covers other services we provide; for example, different terms apply when we provide mobile services or Internet services to you. These terms replace the previous Business Terms and Conditions and apply from 02 April 2013 for all new and existing Business Customers. In these terms, we have used "we" or "us" for the Spark company providing services for you, "you" for the Business Customer and "service" or "services" to cover all goods and services of any kind we provide and anything else we do.

2. Our Commitments To You

We want to make it easy for you to do business with us. We are committed to:

  • putting you in touch with the right person to answer your enquiries
  • responding to your needs quickly and effectively
  • keeping you informed about new services which may benefit your business.

Please tell us if you have any complaint about our service. Our aim is always to resolve any complaints quickly and fairly.

3. Our Guarantees To You

Whenever we provide services to you, we guarantee to:

  • provide the services with care and skill
  • make sure the services do everything we say they will do for a reasonable time after we start providing them for you
  • begin providing the services within a reasonable time or within any agreed time limit
  • do our best to provide highly reliable services although we do not guarantee they will be continuous or fault-free
  • be available to fix any fault or disruption which occurs in the services
  • Whenever our services involve us providing equipment (or other goods) to you, we give you these extra guarantees:
  • the equipment will be safe, durable, free from defects and of good appearance and finish
  • it will be fit for all the purposes for which that type of equipment is normally provided
  • it will do everything we say it will do for a reasonable time after we provide it to you
  • we have the right to provide the equipment to you and it will be free from any undisclosed security
  • we will not interfere with your possession of the equipment except where both of us agree otherwise
  • it will be as we describe or demonstrate it to you
  • the equipment will be approved for connection to the Spark Network at the time we provide it to you.

4. Your General Responsibilities

When we provide services for you, it is your responsibility to:

  • follow our directions about the use of our services
  • use our services for lawful purposes and without annoying anyone
  • make sure all information you give us or to any service provider approved by us is correct and complete
  • never interfere with the reasonable use of our services by our other customers
  • make sure you use the service only for your own internal business use and not sell, rebill or otherwise provide any of our services to anyone else without our written consent
  • obtain any authorisation, licence or consent we think is necessary for us to provide the service to you (such as resource management or building consents)
  • comply with all laws applicable to your use of our services
  • make sure anyone else who uses the services we provide to you, or does anything relating to them, also meets your responsibilities under these Standard Terms.

5. Software

Where we provide you with any software:

  • we remain the owner or licensee of the software
  • you may only use the software for your own internal business use and for the purposes for which we provide it
  • you must not change or interfere with the software in any way
  • you must not copy any part of the software without our permission.

We may at any time provide upgraded or new versions of the software. As long as an upgraded or new version does not adversely affect any service we provide to you, or your use of our service, you must install the upgrade or new version as soon as you reasonably can and not later than six months after we provide it to you.

6. Our Charges

You must pay for the services we provide or which are provided by a service provider approved by us (eg directory listing services) for you no matter who uses them. Most charges are payable monthly. We may change our charges or plans from time to time. We may also change you to a new plan if we consider that you will be better off. Where we increase any charges for any of our services we will provide you with a minimum of 10 working days' notice or wherever possible one month's notice of these changes. We will tell you about any such changes by emailing or writing to you and by publishing the changes on our website. We may assign any amounts you owe us to another Spark company or to anyone else. The standard charges for our commonly used services are set out in a document called the Spark List of Charges. Charges usually begin from the time you are connected to the Spark Network. We may at any time require you to:

  • satisfy us that you will be able to pay our charges
  • give us a fair bond, guarantee or other security.

You must also pay for 0900 calls charged to you, or made from your phone through the Spark Network, no matter who makes them. We will charge you for those calls on behalf of the 0900 service providers. Your agreement to pay for these calls also applies for the benefit of the 0900 service providers and may be enforced by them.

7. Billing

We will send you bills for our charges. The bills will also include any charges for directory assistance, directory listing services and 0900 calls charged to you or made from your phone. Each bill will tell you the due date for payment. You must pay the bill by that date. Please ask us about the different ways you can pay.

Our bills are based on records. Please let us know before the due date for payment if you think there is a mistake in your bill. We will investigate the matter straight away. While we are doing this, you do not need to pay the queried part of the bill by the due date for payment. You must not set-off or deduct any amount in any other circumstances.

Normally, we will be able to find out if there is a mistake in our records and get back to you within seven days. If there is a mistake we will adjust your next bill or, if appropriate provide a refund.

If there is no mistake, and if the due date for payment has already passed, you must pay the amount outstanding straight away. If you do not pay a bill by the due date for payment:

  • we may charge you interest on the unpaid amount from that date until you pay it; the interest rate will be the rate set out in the Spark List of Charges
  • you may be required to pay any costs that are incurred by anyone (including agents) in recovering the money you owe or in exercising any other rights, including commissions and legal costs on a solicitor and client basis
  • we may withhold, suspend or restrict any service we provide for you.

8. Refund Of Rental Charges For Disrupted Service

Sometimes our services can be disrupted. If this happens, we will restore them as soon as we reasonably can. Where any rental service is completely disrupted and we do not restore it within one business day after you tell us of the disruption, you may ask for a refund of our rental charges for that service for each day of the disruption. A refund is not available where:

  • the disruption or any delay in restoring the service is caused by you or anyone you are responsible for
  • the delay in restoring the service is caused by events beyond our reasonable control
  • we suspend, restrict or stop providing the service. To get your refund, you must ask for it within six months after we restore the service. We will then refund our rental charges for the affected service by adjusting your next bill.

9. Your Right To Give Up Any Service

You may give up any service simply by telling us. Where you have agreed to take the service for a minimum period, charges for the service will continue until the end of that period. Otherwise they will stop straight away.

10. Our Right To Suspend Or Restrict Any Service

If you do not pay our charges or meet any responsibilities you have to us or to any other Spark company, we may suspend or restrict any service at any time.

If you do not pay the charges for 0900 calls charged to you or made from your phone through the Spark Network, we may at any time suspend or restrict your ability to make 0900 calls, or suspend or restrict any service we provide.

Where we suspend a service for any of these reasons we may require you to pay a reconnection charge before you can use it again.

We may also temporarily suspend or restrict any service if we think it reasonable or necessary, for example, to work on the Spark Network.

In most cases, normal charges continue to apply during the suspension or restriction of any service.

11. Our Right To Stop Providing Any Service

We may stop providing any of our services to you. We may do this at any time if you do not pay our charges or meet your other responsibilities under any agreement you have with us. Otherwise:

  • where we have agreed to provide a service for a minimum period, we will continue providing it until the end of that period except if the circumstances set out below apply
  • we will always tell you at least one month before we stop providing the service.

We may end the availability of any service to you and any other Spark customers at any time if the relevant service is no longer viable, we or a service provider are unable to provide it, we or a service provider are withdrawing it from general availability, or we or a service provider are replacing it with a new service.

We may alter our services from time to time. If we alter our services in a way that materially reduces the service offering currently received by you, we will give you 10 working days' notice and wherever possible one month's notice of such alterations. We will tell you about any such alterations by emailing or writing to you and publishing the change on our website.

12. The Spark Network

The Spark Network is the network of communication facilities owned by us and by other Spark companies which we use to provide our services for you and our other customers. Acquiring our services does not give you any rights in any part of the Spark Network.

13. Safeguarding The Spark Network

For your own safety, and so that our services to you and our other customers are not disrupted, it is important that you help safeguard the Spark Network. It is your responsibility to:

  • let us or any of our agents or subcontractors have reasonable, safe access to your premises and get any consents we may need to work on the Spark Network or anything connected to it; the people we send will carry proof of identity. If you do not grant access to your property this may impact on services you or others receive from us, including our ability to provide you with the relevant service
  • follow our directions when connecting anything to the Spark Network and make sure it is installed to our specifications
  • make sure nothing is connected or left connected to the Spark Network unless it has a Telepermit or Spark label on it; this helps make sure no damage occurs to the Spark Network
  • never interfere with the Spark Network; only people we authorise may work on it
  • make sure nothing on property or premises under your control interferes with or damages the Spark Network
  • follow our directions about using any equipment you rent from us and never interfere with it
  • pay our charges for repairing or replacing any part of the Spark Network and any equipment you rent from us which is lost or damaged by you or anyone you are responsible for; there is no charge where damage occurs through normal wear and tear
  • arrange for us to have reasonable, safe access to the premises to remove any equipment you rent from us as soon as we stop providing or you give up the service relating to that equipment
  • make sure everyone you are responsible for also meets your responsibilities under these Standard Terms.

14. Numbers, Electronic Addresses And Other Codes

Depending on the services you acquire from us, we will arrange for appropriate telephone numbers, electronic numbers, electronic addresses and other codes to be allocated to you. Unless we have agreed otherwise with anybody else, all addresses, numbers and other codes allocated to you remain the property of the Spark group and you must not transfer or sell your address, number or code to anyone else.

You are responsible for keeping confidential your Spark account number and any personal identification code or password used by or allocated to you. We may assume that any request or instruction we receive is authorised by you if it is accompanied by suitable verification (for example, your Spark account number, personal identification code or password).

We may change any number we have allocated and allocate you a new number. We will always give you as much notice as we reasonably can before making any change.

If you are an individual you may prefer to restrict access to your name, address and telephone numbers allocated to you. Please call us on 126 if you want to know about ways you can do this.

15. Fixing Faults

Fixing Faults in the Spark Network We will fix any fault in the Spark Network. There is no charge for this except where you or anyone you are responsible for cause the fault. We will begin fixing the fault as soon as we reasonably can. We can normally begin fixing it either within four hours or within any other service levels we agree with you after you report it.

Fixing Faults in Sockets and Wiring Our wiring maintenance charge covers the cost of fixing most faults in sockets and wiring which connect equipment you have to the Spark Network. The faults covered are those which occur through normal wear and tear, a defect in design, materials or manufacture, or a natural disaster and which we fix during our normal business hours.

If you own the sockets and wiring and do not want this service, please tell us. You will then be responsible for fixing these faults. Please ask us if you want us to show you where the sockets and wiring end and the Spark Network begins.

Fixing Other Faults We will fix any fault in sockets, wiring or equipment covered by a separate rental or maintenance agreement you have with us under the terms of that agreement. We will also fix any fault in equipment you rent from us which is not covered by a separate rental agreement. Our rental charge covers the cost of fixing faults which occur through normal wear and tear, a defect in design, materials or manufacture and which we fix during our normal business hours.

Where Other Charges Apply Other charges apply where we investigate or fix anything not covered above. If you need our help, please call us and we will tell you how we may be able to help and what our charges will be.

Continuous Service Please report any fault by calling 125. We are available 24 hours a day, seven days a week.

16. Your Rights To Compensation From Us

We set out here your rights to compensation from us.

Reasonable Expenses Where a service we provide to you is affected because we do not meet our responsibilities to you, and you reasonably incur expenses as a result, please let us know.

Where we consider it appropriate, we will refund to you all or part of those expenses.
Where we do not meet our responsibilities relating to any equipment or other goods we sell to you, the refund of expenses is limited to:

  • $1,000 or 1% of the purchase price, whichever is less, for any month during which we do not meet our responsibilities
  • a total of $2,000 or 2% of the purchase price, whichever is less, in any 12 month period. This refund is in addition to all your rights under our warranty on the equipment or other goods.

Where we do not meet any other responsibility we have to you, the refund is limited to an amount equal to our standard monthly charge for the affected service or the maximum amounts set out in clause18, whichever is less.

For us to consider your claim, you must tell us within six months after the service is affected.

Property Damage If in the course of providing a service we or anyone we are responsible for cause physical damage to your property through not taking reasonable care, we will pay the reasonable costs of repairing the damage up to the maximum amounts set out in clause 18. For us to consider your claim, you must tell us within six months after the property is damaged.

Force Majeure If we are prevented from carrying out any obligation in these terms by reason of any act of God, act of State, riot, insurrection, civil commotion, strike, sanctions, boycott, embargo or any other circumstance beyond our reasonable control, we must endeavour to advise you of the existence of the circumstances and the expected duration of and the obligations affected by the circumstances. Our performance of these terms will, to the extent that it is made impossible by such circumstances, be suspended until such circumstances cease to exist. We will not be liable to you for a failure to perform, or a delay in performing, any obligation set out in these terms.

17. Exclusion Of Our Liability

We have set out your rights to claim a refund of rental charges for disrupted service and to claim compensation from us. We now exclude all other liability we may have to you. This exclusion also applies for the benefit of these people:

  • all other Spark companies, their employees, contractors and everyone they are responsible for
  • other network operators who allow us to use their networks or whom we allow to use the Spark Network, their employees, contractors and everyone they are responsible for
  • our employees and contractors, everyone we are responsible for and anyone else we get to perform our responsibilities under any agreement you have with us
  • none of us is liable to you or has to pay you for anything else caused by or resulting from anything any of us does or does not do, or delays in doing, whether or not it is contemplated or authorised by any agreement you have with us. This exclusion applies:
  • whatever you are claiming for (including loss of profits or business)
  • however liability arises or might arise if it were not for this clause.

This exclusion does not prevent you getting a court order requiring us to do anything we have agreed to do for you.

18. Limitation Of Our Liability

Where you do not meet your responsibilities to us, you must pay any reasonable expenses we incur in collecting any monies. We have set out your rights to claim compensation from us and excluded all other liability we or any of the people listed in clause 17 may have to you. If:

  • you are ever entitled to compensation from us, or
  • we or any of the people listed in clause 17 are ever liable to you and, for any reason whatever, any of us cannot rely on the exclusion of liability set out in clause 17.

The maximum combined amount all of us (together) will have to pay you and anyone else who uses the services we provide to you (together) is:

  • $50,000 for any event or for any series of related events
  • a total of $100,000 in any 12 month period.

19. Our Rights To Recover Expenses From You

Where you do not meet your responsibilities to us, you must pay any reasonable expenses we incur in collecting any money you owe us or in exercising any of our other legal rights.
We recommend you talk to your insurer about arranging suitable cover for risks of loss or liability arising from these terms

20. Using Information About You

During any relationship you have with any Spark company you agree that we and other Spark companies may collect information about you. The information may be obtained from you and others or generated within the Spark Network when you or anyone else uses our services. You may decide whether to provide any information any of us seeks from you. However, if you do not provide it, we and other Spark companies may not be able to provide services to you.

You may ask to see information any of us holds about you, as long as we can readily retrieve it, and ask for any details that are wrong to be corrected. We, other Spark companies and, to the extent appropriate, any service providers approved by us, including service providers providing  directory listing and directory assistance services, may hold the information and share it to the extent appropriate with each other, with Spark employees, contractors and agents and any provider of directory listing and directory assistance services, and with credit reference and debt collection agencies. This enables us, other Spark companies and agencies and any service provider approved by us to:

  • provide services to you and others
  • help prevent and investigate instances of fraud
  • send you bills and recover and report on money you owe
  • keep you informed of services available to you from us and other people
  • exercise any lawful right any of us has (which includes registration and maintenance of financing statements under the Personal Property Securities Act 1999).

Credit reporters may include credit checks, your repayment history and any defaults in payment to Spark and other Spark Companies in their databases and share this information with others who wish to conduct credit checks on you.

You can let us know at any time that you do not want to receive sales and marketing information by calling us on 126. We and other Spark companies may:

  • share to the extent appropriate your name, address and the telephone numbers allocated to you with any person (except other network operators) using services provided by any of us or any service provider approved by us for providing directory assistance and directory listing services; this information may also be used or accessed by us or any such service provider in or from any directories and other publicly available accessible publications and database
  • share with other network operators any information needed to enable you to make and receive calls through their networks; this does not include your name and address
  • share with any 0900 service provider or its agent to whom an 0900 call is made, your name, address and any information about that call; this applies only where the call is charged to you, or made from your phone through the Spark Network, and you do not pay for the call by the due date for payment
  • share aggregated information which does not identify any individual with partners, advertisers and others We may occasionally monitor and record telephone calls between customers and our personnel for training and quality purposes.

21. Confidential Information

You must keep confidential any information you receive from us which you would expect to be confidential or commercially sensitive. Any pricing or network or equipment design information must be treated as confidential. You may only disclose confidential or commercially sensitive information if you are required to by law, or applicable stock exchange rules.

22. Intellectual Property Rights

We or others may have intellectual property rights in the services and in any equipment, including software, we provide to you. These rights include, for example, all copyright, trade mark and design rights relating to the services or equipment. All those rights are retained when we provide services or equipment to you.

Any intellectual property rights arising from any improvement or change to any service devised or made by anyone belongs to us.

23. All Services Acquired For Business Purposes

You agree that you are acquiring our services for the purposes of a business as defined in the Consumer Guarantees Act 1993 and that the provisions of that Act do not apply to any services we agree to provide under any written agreement you have with us.

24. Spark Agents or Service Providers

We may have any Spark company or Spark-approved agent or service provider approved by us perform and have the benefit of our side of any agreement you have with us.

25. Assignment

You may assign and have someone else perform your side of any agreement you have with us as long as you first get our written approval. We may assign and have someone else perform our side of any agreement you have with us.

26. More Than One Customer

Every person named as a customer in any agreement with us must meet all the customer's responsibilities under that agreement.

27. Sending Bills And Notices

We will send bills and other notices to the last address you have given us. We can assume any bill or notice we send by post has been delivered five days after we post it. Please tell us if you change your address.

28. Other Terms

Other terms apply to some of our services. Where we provide those services, we will tell you about the other terms.

29. Responsibilities Under Other Agreements

We must meet all our responsibilities to you under every agreement we have with you. You must meet all your responsibilities under every agreement you have with us and every agreement you have with any other Spark company.

30. Each Term Separately Binding

Each term of every agreement you have with us is separately binding. If for any reason we, you or any of the people listed in clause 17 cannot rely on any term, all other terms remain binding.

31. Rights and Responsibilities That Continue

The ending of any agreement you have with us does not affect any rights and responsibilities which are intended to continue or come into force afterwards. These include the rights and responsibilities under clauses 6 to 8, 13 to 14, 16 to 22, 24, 26, 30, 33, 34 and 35 of these terms.

32. Changing These Terms

We may change these terms. We may do this by changing or removing existing terms or by adding new ones.

We must always tell you about any changes at least one month before they come into effect. We will never change this requirement.

We will tell you about any changes to these terms by writing to you or by putting a notice in major daily newspapers. The notice will set out the actual changes or explain their general nature. Please ask us at any time for a free copy of our current terms.

Any other changes to the terms of any agreement you have with us must be in writing and signed by us.

33. No Waiver

Except if we have waived a right under these terms and notified you in writing, no delay or failure to exercise a right under these terms prevents us exercising that or any other right on that or any other occasion.

34. Invalidity

If any provision of these terms is unlawful and unenforceable, it will be severed from these terms to the extent it is unlawful and unenforceable. The rest of these terms will remain in force.

35. Personal Property Securities Act 1999

You agree that this agreement constitutes a security agreement which provides for a security interest in our favour in all of your present and after-acquired property except for any item of personal property which is not (or which is exclusively the proceeds of any item of personal property which is not) provided by us to you under these terms. In addition, references in these terms to 'equipment' and 'software' means the goods and software described or referred to in the relevant records we maintain (or any other relevant document we may produce), on the basis that such record or other document is deemed to be assented to by you and to be included in and form part of this agreement.

On request by us, you will promptly do all things (including signing any other documents) and provide all information necessary to enable us to perfect and maintain the perfection of any security interest you grant to us under this agreement (including by registration of a financing statement). You waive your right to receive a copy of any verification statement in respect of any financing statement we register and you agree to indemnify us, upon demand, for all costs and expenses we incur in registering and maintaining any financing statement.

Where used in this clause, the following words and phrases (and grammatical variations of them) have the meanings given to them in, or by virtue of, Personal Property Securities Act 1999: 'after-acquired property', 'financing statement', 'goods', 'perfection', 'personal property', 'proceeds', 'security agreement', 'security interest', and 'verification statement'.

36. New Zealand Law Applies

All our services are provided under New Zealand law. You may take action against us only in a New Zealand court.

Terms and Conditions for Medium-sized and Corporate customers that signed a Spark Business Agreement after 1 July 2005.

You can read our Terms and Conditions online. Please speak to your Account Manager for login details.

We have standard product specifications for each service we provide. Some services also have specific service targets and additional terms such as disclaimers or exclusions of liability. These product specifications and terms form part of our Agreement and describe our obligations to you, including situations where our obligations are limited or do not apply.

Help numbers

Contact information is available at the contact us .

Terms and Conditions for all Small business customers, or Medium-sized and Corporate customers that signed a Spark Business Agreement before 1 July 2005, or who have not signed a Spark Business Agreement ("Business Customers").

Business Terms and Conditions

The following terms normally apply whenever we do anything for our Business Customers. Please call us on 126 if you have any questions about these terms. Different terms may apply to some services we provide for Business Customers, as we explain in these standard terms. If you want to use our services for residential or other non-business purposes, other terms apply. Please ask for a copy by calling us on 123.

1. These Terms

These terms apply whenever any Spark company provides services of any kind or does anything else for Spark Business Customers or other non-residential customers except where a separate written agreement covers other services we provide; for example, different terms apply when we provide mobile services or Internet services to you. These terms replace the previous Business Terms and Conditions and apply from 02 April 2013 for all new and existing Business Customers. In these terms, we have used "we" or "us" for the Spark company providing services for you, "you" for the Business Customer and "service" or "services" to cover all goods and services of any kind we provide and anything else we do.

2. Our Commitments To You

We want to make it easy for you to do business with us. We are committed to:

  • putting you in touch with the right person to answer your enquiries
  • responding to your needs quickly and effectively
  • keeping you informed about new services which may benefit your business.

Please tell us if you have any complaint about our service. Our aim is always to resolve any complaints quickly and fairly.

3. Our Guarantees To You

Whenever we provide services to you, we guarantee to:

  • provide the services with care and skill
  • make sure the services do everything we say they will do for a reasonable time after we start providing them for you
  • begin providing the services within a reasonable time or within any agreed time limit
  • do our best to provide highly reliable services although we do not guarantee they will be continuous or fault-free
  • be available to fix any fault or disruption which occurs in the services
  • Whenever our services involve us providing equipment (or other goods) to you, we give you these extra guarantees:
  • the equipment will be safe, durable, free from defects and of good appearance and finish
  • it will be fit for all the purposes for which that type of equipment is normally provided
  • it will do everything we say it will do for a reasonable time after we provide it to you
  • we have the right to provide the equipment to you and it will be free from any undisclosed security
  • we will not interfere with your possession of the equipment except where both of us agree otherwise
  • it will be as we describe or demonstrate it to you
  • the equipment will be approved for connection to the Spark Network at the time we provide it to you.

4. Your General Responsibilities

When we provide services for you, it is your responsibility to:

  • follow our directions about the use of our services
  • use our services for lawful purposes and without annoying anyone
  • make sure all information you give us or to any service provider approved by us is correct and complete
  • never interfere with the reasonable use of our services by our other customers
  • make sure you use the service only for your own internal business use and not sell, rebill or otherwise provide any of our services to anyone else without our written consent
  • obtain any authorisation, licence or consent we think is necessary for us to provide the service to you (such as resource management or building consents)
  • comply with all laws applicable to your use of our services
  • make sure anyone else who uses the services we provide to you, or does anything relating to them, also meets your responsibilities under these Standard Terms.

5. Software

Where we provide you with any software:

  • we remain the owner or licensee of the software
  • you may only use the software for your own internal business use and for the purposes for which we provide it
  • you must not change or interfere with the software in any way
  • you must not copy any part of the software without our permission.

We may at any time provide upgraded or new versions of the software. As long as an upgraded or new version does not adversely affect any service we provide to you, or your use of our service, you must install the upgrade or new version as soon as you reasonably can and not later than six months after we provide it to you.

6. Our Charges

You must pay for the services we provide or which are provided by a service provider approved by us (eg directory listing services) for you no matter who uses them. Most charges are payable monthly. We may change our charges or plans from time to time. We may also change you to a new plan if we consider that you will be better off. Where we increase any charges for any of our services we will provide you with a minimum of 10 working days' notice or wherever possible one month's notice of these changes. We will tell you about any such changes by emailing or writing to you and by publishing the changes on our website. We may assign any amounts you owe us to another Spark company or to anyone else. The standard charges for our commonly used services are set out in a document called the Spark List of Charges. Charges usually begin from the time you are connected to the Spark Network. We may at any time require you to:

  • satisfy us that you will be able to pay our charges
  • give us a fair bond, guarantee or other security.

You must also pay for 0900 calls charged to you, or made from your phone through the Spark Network, no matter who makes them. We will charge you for those calls on behalf of the 0900 service providers. Your agreement to pay for these calls also applies for the benefit of the 0900 service providers and may be enforced by them.

7. Billing

We will send you bills for our charges. The bills will also include any charges for directory assistance, directory listing services and 0900 calls charged to you or made from your phone. Each bill will tell you the due date for payment. You must pay the bill by that date. Please ask us about the different ways you can pay.

Our bills are based on records. Please let us know before the due date for payment if you think there is a mistake in your bill. We will investigate the matter straight away. While we are doing this, you do not need to pay the queried part of the bill by the due date for payment. You must not set-off or deduct any amount in any other circumstances.

Normally, we will be able to find out if there is a mistake in our records and get back to you within seven days. If there is a mistake we will adjust your next bill or, if appropriate provide a refund.

If there is no mistake, and if the due date for payment has already passed, you must pay the amount outstanding straight away. If you do not pay a bill by the due date for payment:

  • we may charge you interest on the unpaid amount from that date until you pay it; the interest rate will be the rate set out in the Spark List of Charges
  • you may be required to pay any costs that are incurred by anyone (including agents) in recovering the money you owe or in exercising any other rights, including commissions and legal costs on a solicitor and client basis
  • we may withhold, suspend or restrict any service we provide for you.

8. Refund Of Rental Charges For Disrupted Service

Sometimes our services can be disrupted. If this happens, we will restore them as soon as we reasonably can. Where any rental service is completely disrupted and we do not restore it within one business day after you tell us of the disruption, you may ask for a refund of our rental charges for that service for each day of the disruption. A refund is not available where:

  • the disruption or any delay in restoring the service is caused by you or anyone you are responsible for
  • the delay in restoring the service is caused by events beyond our reasonable control
  • we suspend, restrict or stop providing the service. To get your refund, you must ask for it within six months after we restore the service. We will then refund our rental charges for the affected service by adjusting your next bill.

9. Your Right To Give Up Any Service

You may give up any service simply by telling us. Where you have agreed to take the service for a minimum period, charges for the service will continue until the end of that period. Otherwise they will stop straight away.

10. Our Right To Suspend Or Restrict Any Service

If you do not pay our charges or meet any responsibilities you have to us or to any other Spark company, we may suspend or restrict any service at any time.

If you do not pay the charges for 0900 calls charged to you or made from your phone through the Spark Network, we may at any time suspend or restrict your ability to make 0900 calls, or suspend or restrict any service we provide.

Where we suspend a service for any of these reasons we may require you to pay a reconnection charge before you can use it again.

We may also temporarily suspend or restrict any service if we think it reasonable or necessary, for example, to work on the Spark Network.

In most cases, normal charges continue to apply during the suspension or restriction of any service.

11. Our Right To Stop Providing Any Service

We may stop providing any of our services to you. We may do this at any time if you do not pay our charges or meet your other responsibilities under any agreement you have with us. Otherwise:

  • where we have agreed to provide a service for a minimum period, we will continue providing it until the end of that period except if the circumstances set out below apply
  • we will always tell you at least one month before we stop providing the service.

We may end the availability of any service to you and any other Spark customers at any time if the relevant service is no longer viable, we or a service provider are unable to provide it, we or a service provider are withdrawing it from general availability, or we or a service provider are replacing it with a new service.

We may alter our services from time to time. If we alter our services in a way that materially reduces the service offering currently received by you, we will give you 10 working days' notice and wherever possible one month's notice of such alterations. We will tell you about any such alterations by emailing or writing to you and publishing the change on our website.

12. The Spark Network

The Spark Network is the network of communication facilities owned by us and by other Spark companies which we use to provide our services for you and our other customers. Acquiring our services does not give you any rights in any part of the Spark Network.

13. Safeguarding The Spark Network

For your own safety, and so that our services to you and our other customers are not disrupted, it is important that you help safeguard the Spark Network. It is your responsibility to:

  • let us or any of our agents or subcontractors have reasonable, safe access to your premises and get any consents we may need to work on the Spark Network or anything connected to it; the people we send will carry proof of identity. If you do not grant access to your property this may impact on services you or others receive from us, including our ability to provide you with the relevant service
  • follow our directions when connecting anything to the Spark Network and make sure it is installed to our specifications
  • make sure nothing is connected or left connected to the Spark Network unless it has a Telepermit or Spark label on it; this helps make sure no damage occurs to the Spark Network
  • never interfere with the Spark Network; only people we authorise may work on it
  • make sure nothing on property or premises under your control interferes with or damages the Spark Network
  • follow our directions about using any equipment you rent from us and never interfere with it
  • pay our charges for repairing or replacing any part of the Spark Network and any equipment you rent from us which is lost or damaged by you or anyone you are responsible for; there is no charge where damage occurs through normal wear and tear
  • arrange for us to have reasonable, safe access to the premises to remove any equipment you rent from us as soon as we stop providing or you give up the service relating to that equipment
  • make sure everyone you are responsible for also meets your responsibilities under these Standard Terms.

14. Numbers, Electronic Addresses And Other Codes

Depending on the services you acquire from us, we will arrange for appropriate telephone numbers, electronic numbers, electronic addresses and other codes to be allocated to you. Unless we have agreed otherwise with anybody else, all addresses, numbers and other codes allocated to you remain the property of the Spark group and you must not transfer or sell your address, number or code to anyone else.

You are responsible for keeping confidential your Spark account number and any personal identification code or password used by or allocated to you. We may assume that any request or instruction we receive is authorised by you if it is accompanied by suitable verification (for example, your Spark account number, personal identification code or password).

We may change any number we have allocated and allocate you a new number. We will always give you as much notice as we reasonably can before making any change.

If you are an individual you may prefer to restrict access to your name, address and telephone numbers allocated to you. Please call us on 126 if you want to know about ways you can do this.

15. Fixing Faults

Fixing Faults in the Spark Network We will fix any fault in the Spark Network. There is no charge for this except where you or anyone you are responsible for cause the fault. We will begin fixing the fault as soon as we reasonably can. We can normally begin fixing it either within four hours or within any other service levels we agree with you after you report it.

Fixing Faults in Sockets and Wiring Our wiring maintenance charge covers the cost of fixing most faults in sockets and wiring which connect equipment you have to the Spark Network. The faults covered are those which occur through normal wear and tear, a defect in design, materials or manufacture, or a natural disaster and which we fix during our normal business hours.

If you own the sockets and wiring and do not want this service, please tell us. You will then be responsible for fixing these faults. Please ask us if you want us to show you where the sockets and wiring end and the Spark Network begins.

Fixing Other Faults We will fix any fault in sockets, wiring or equipment covered by a separate rental or maintenance agreement you have with us under the terms of that agreement. We will also fix any fault in equipment you rent from us which is not covered by a separate rental agreement. Our rental charge covers the cost of fixing faults which occur through normal wear and tear, a defect in design, materials or manufacture and which we fix during our normal business hours.

Where Other Charges Apply Other charges apply where we investigate or fix anything not covered above. If you need our help, please call us and we will tell you how we may be able to help and what our charges will be.

Continuous Service Please report any fault by calling 125. We are available 24 hours a day, seven days a week.

16. Your Rights To Compensation From Us

We set out here your rights to compensation from us.

Reasonable Expenses Where a service we provide to you is affected because we do not meet our responsibilities to you, and you reasonably incur expenses as a result, please let us know.

Where we consider it appropriate, we will refund to you all or part of those expenses.
Where we do not meet our responsibilities relating to any equipment or other goods we sell to you, the refund of expenses is limited to:

  • $1,000 or 1% of the purchase price, whichever is less, for any month during which we do not meet our responsibilities
  • a total of $2,000 or 2% of the purchase price, whichever is less, in any 12 month period. This refund is in addition to all your rights under our warranty on the equipment or other goods.

Where we do not meet any other responsibility we have to you, the refund is limited to an amount equal to our standard monthly charge for the affected service or the maximum amounts set out in clause18, whichever is less.

For us to consider your claim, you must tell us within six months after the service is affected.

Property Damage If in the course of providing a service we or anyone we are responsible for cause physical damage to your property through not taking reasonable care, we will pay the reasonable costs of repairing the damage up to the maximum amounts set out in clause 18. For us to consider your claim, you must tell us within six months after the property is damaged.

Force Majeure If we are prevented from carrying out any obligation in these terms by reason of any act of God, act of State, riot, insurrection, civil commotion, strike, sanctions, boycott, embargo or any other circumstance beyond our reasonable control, we must endeavour to advise you of the existence of the circumstances and the expected duration of and the obligations affected by the circumstances. Our performance of these terms will, to the extent that it is made impossible by such circumstances, be suspended until such circumstances cease to exist. We will not be liable to you for a failure to perform, or a delay in performing, any obligation set out in these terms.

17. Exclusion Of Our Liability

We have set out your rights to claim a refund of rental charges for disrupted service and to claim compensation from us. We now exclude all other liability we may have to you. This exclusion also applies for the benefit of these people:

  • all other Spark companies, their employees, contractors and everyone they are responsible for
  • other network operators who allow us to use their networks or whom we allow to use the Spark Network, their employees, contractors and everyone they are responsible for
  • our employees and contractors, everyone we are responsible for and anyone else we get to perform our responsibilities under any agreement you have with us
  • none of us is liable to you or has to pay you for anything else caused by or resulting from anything any of us does or does not do, or delays in doing, whether or not it is contemplated or authorised by any agreement you have with us. This exclusion applies:
  • whatever you are claiming for (including loss of profits or business)
  • however liability arises or might arise if it were not for this clause.

This exclusion does not prevent you getting a court order requiring us to do anything we have agreed to do for you.

18. Limitation Of Our Liability

Where you do not meet your responsibilities to us, you must pay any reasonable expenses we incur in collecting any monies. We have set out your rights to claim compensation from us and excluded all other liability we or any of the people listed in clause 17 may have to you. If:

  • you are ever entitled to compensation from us, or
  • we or any of the people listed in clause 17 are ever liable to you and, for any reason whatever, any of us cannot rely on the exclusion of liability set out in clause 17.

The maximum combined amount all of us (together) will have to pay you and anyone else who uses the services we provide to you (together) is:

  • $50,000 for any event or for any series of related events
  • a total of $100,000 in any 12 month period.

19. Our Rights To Recover Expenses From You

Where you do not meet your responsibilities to us, you must pay any reasonable expenses we incur in collecting any money you owe us or in exercising any of our other legal rights.
We recommend you talk to your insurer about arranging suitable cover for risks of loss or liability arising from these terms

20. Using Information About You

During any relationship you have with any Spark company you agree that we and other Spark companies may collect information about you. The information may be obtained from you and others or generated within the Spark Network when you or anyone else uses our services. You may decide whether to provide any information any of us seeks from you. However, if you do not provide it, we and other Spark companies may not be able to provide services to you.

You may ask to see information any of us holds about you, as long as we can readily retrieve it, and ask for any details that are wrong to be corrected. We, other Spark companies and, to the extent appropriate, any service providers approved by us, including service providers providing  directory listing and directory assistance services, may hold the information and share it to the extent appropriate with each other, with Spark employees, contractors and agents and any provider of directory listing and directory assistance services, and with credit reference and debt collection agencies. This enables us, other Spark companies and agencies and any service provider approved by us to:

  • provide services to you and others
  • help prevent and investigate instances of fraud
  • send you bills and recover and report on money you owe
  • keep you informed of services available to you from us and other people
  • exercise any lawful right any of us has (which includes registration and maintenance of financing statements under the Personal Property Securities Act 1999).

Credit reporters may include credit checks, your repayment history and any defaults in payment to Spark and other Spark Companies in their databases and share this information with others who wish to conduct credit checks on you.

You can let us know at any time that you do not want to receive sales and marketing information by calling us on 126. We and other Spark companies may:

  • share to the extent appropriate your name, address and the telephone numbers allocated to you with any person (except other network operators) using services provided by any of us or any service provider approved by us for providing directory assistance and directory listing services; this information may also be used or accessed by us or any such service provider in or from any directories and other publicly available accessible publications and database
  • share with other network operators any information needed to enable you to make and receive calls through their networks; this does not include your name and address
  • share with any 0900 service provider or its agent to whom an 0900 call is made, your name, address and any information about that call; this applies only where the call is charged to you, or made from your phone through the Spark Network, and you do not pay for the call by the due date for payment
  • share aggregated information which does not identify any individual with partners, advertisers and others We may occasionally monitor and record telephone calls between customers and our personnel for training and quality purposes.

21. Confidential Information

You must keep confidential any information you receive from us which you would expect to be confidential or commercially sensitive. Any pricing or network or equipment design information must be treated as confidential. You may only disclose confidential or commercially sensitive information if you are required to by law, or applicable stock exchange rules.

22. Intellectual Property Rights

We or others may have intellectual property rights in the services and in any equipment, including software, we provide to you. These rights include, for example, all copyright, trade mark and design rights relating to the services or equipment. All those rights are retained when we provide services or equipment to you.

Any intellectual property rights arising from any improvement or change to any service devised or made by anyone belongs to us.

23. All Services Acquired For Business Purposes

You agree that you are acquiring our services for the purposes of a business as defined in the Consumer Guarantees Act 1993 and that the provisions of that Act do not apply to any services we agree to provide under any written agreement you have with us.

24. Spark Agents or Service Providers

We may have any Spark company or Spark-approved agent or service provider approved by us perform and have the benefit of our side of any agreement you have with us.

25. Assignment

You may assign and have someone else perform your side of any agreement you have with us as long as you first get our written approval. We may assign and have someone else perform our side of any agreement you have with us.

26. More Than One Customer

Every person named as a customer in any agreement with us must meet all the customer's responsibilities under that agreement.

27. Sending Bills And Notices

We will send bills and other notices to the last address you have given us. We can assume any bill or notice we send by post has been delivered five days after we post it. Please tell us if you change your address.

28. Other Terms

Other terms apply to some of our services. Where we provide those services, we will tell you about the other terms.

29. Responsibilities Under Other Agreements

We must meet all our responsibilities to you under every agreement we have with you. You must meet all your responsibilities under every agreement you have with us and every agreement you have with any other Spark company.

30. Each Term Separately Binding

Each term of every agreement you have with us is separately binding. If for any reason we, you or any of the people listed in clause 17 cannot rely on any term, all other terms remain binding.

31. Rights and Responsibilities That Continue

The ending of any agreement you have with us does not affect any rights and responsibilities which are intended to continue or come into force afterwards. These include the rights and responsibilities under clauses 6 to 8, 13 to 14, 16 to 22, 24, 26, 30, 33, 34 and 35 of these terms.

32. Changing These Terms

We may change these terms. We may do this by changing or removing existing terms or by adding new ones.

We must always tell you about any changes at least one month before they come into effect. We will never change this requirement.

We will tell you about any changes to these terms by writing to you or by putting a notice in major daily newspapers. The notice will set out the actual changes or explain their general nature. Please ask us at any time for a free copy of our current terms.

Any other changes to the terms of any agreement you have with us must be in writing and signed by us.

33. No Waiver

Except if we have waived a right under these terms and notified you in writing, no delay or failure to exercise a right under these terms prevents us exercising that or any other right on that or any other occasion.

34. Invalidity

If any provision of these terms is unlawful and unenforceable, it will be severed from these terms to the extent it is unlawful and unenforceable. The rest of these terms will remain in force.

35. Personal Property Securities Act 1999

You agree that this agreement constitutes a security agreement which provides for a security interest in our favour in all of your present and after-acquired property except for any item of personal property which is not (or which is exclusively the proceeds of any item of personal property which is not) provided by us to you under these terms. In addition, references in these terms to 'equipment' and 'software' means the goods and software described or referred to in the relevant records we maintain (or any other relevant document we may produce), on the basis that such record or other document is deemed to be assented to by you and to be included in and form part of this agreement.

On request by us, you will promptly do all things (including signing any other documents) and provide all information necessary to enable us to perfect and maintain the perfection of any security interest you grant to us under this agreement (including by registration of a financing statement). You waive your right to receive a copy of any verification statement in respect of any financing statement we register and you agree to indemnify us, upon demand, for all costs and expenses we incur in registering and maintaining any financing statement.

Where used in this clause, the following words and phrases (and grammatical variations of them) have the meanings given to them in, or by virtue of, Personal Property Securities Act 1999: 'after-acquired property', 'financing statement', 'goods', 'perfection', 'personal property', 'proceeds', 'security agreement', 'security interest', and 'verification statement'.

36. New Zealand Law Applies

All our services are provided under New Zealand law. You may take action against us only in a New Zealand court.

Terms and Conditions for Medium-sized and Corporate customers that signed a Spark Business Agreement after 1 July 2005.

You can read our Terms and Conditions online. Please speak to your Account Manager for login details.

We have standard product specifications for each service we provide. Some services also have specific service targets and additional terms such as disclaimers or exclusions of liability. These product specifications and terms form part of our Agreement and describe our obligations to you, including situations where our obligations are limited or do not apply.

Help numbers

Contact information is available at the contact us .

Terms and Conditions for all Small business customers, or Medium-sized and Corporate customers that signed a Spark Business Agreement before 1 July 2005, or who have not signed a Spark Business Agreement ("Business Customers").

Business Terms and Conditions

The following terms normally apply whenever we do anything for our Business Customers. Please call us on 126 if you have any questions about these terms. Different terms may apply to some services we provide for Business Customers, as we explain in these standard terms. If you want to use our services for residential or other non-business purposes, other terms apply. Please ask for a copy by calling us on 123.

1. These Terms

These terms apply whenever any Spark company provides services of any kind or does anything else for Spark Business Customers or other non-residential customers except where a separate written agreement covers other services we provide; for example, different terms apply when we provide mobile services or Internet services to you. These terms replace the previous Business Terms and Conditions and apply from 02 April 2013 for all new and existing Business Customers. In these terms, we have used "we" or "us" for the Spark company providing services for you, "you" for the Business Customer and "service" or "services" to cover all goods and services of any kind we provide and anything else we do.

2. Our Commitments To You

We want to make it easy for you to do business with us. We are committed to:

  • putting you in touch with the right person to answer your enquiries
  • responding to your needs quickly and effectively
  • keeping you informed about new services which may benefit your business.

Please tell us if you have any complaint about our service. Our aim is always to resolve any complaints quickly and fairly.

3. Our Guarantees To You

Whenever we provide services to you, we guarantee to:

  • provide the services with care and skill
  • make sure the services do everything we say they will do for a reasonable time after we start providing them for you
  • begin providing the services within a reasonable time or within any agreed time limit
  • do our best to provide highly reliable services although we do not guarantee they will be continuous or fault-free
  • be available to fix any fault or disruption which occurs in the services
  • Whenever our services involve us providing equipment (or other goods) to you, we give you these extra guarantees:
  • the equipment will be safe, durable, free from defects and of good appearance and finish
  • it will be fit for all the purposes for which that type of equipment is normally provided
  • it will do everything we say it will do for a reasonable time after we provide it to you
  • we have the right to provide the equipment to you and it will be free from any undisclosed security
  • we will not interfere with your possession of the equipment except where both of us agree otherwise
  • it will be as we describe or demonstrate it to you
  • the equipment will be approved for connection to the Spark Network at the time we provide it to you.

4. Your General Responsibilities

When we provide services for you, it is your responsibility to:

  • follow our directions about the use of our services
  • use our services for lawful purposes and without annoying anyone
  • make sure all information you give us or to any service provider approved by us is correct and complete
  • never interfere with the reasonable use of our services by our other customers
  • make sure you use the service only for your own internal business use and not sell, rebill or otherwise provide any of our services to anyone else without our written consent
  • obtain any authorisation, licence or consent we think is necessary for us to provide the service to you (such as resource management or building consents)
  • comply with all laws applicable to your use of our services
  • make sure anyone else who uses the services we provide to you, or does anything relating to them, also meets your responsibilities under these Standard Terms.

5. Software

Where we provide you with any software:

  • we remain the owner or licensee of the software
  • you may only use the software for your own internal business use and for the purposes for which we provide it
  • you must not change or interfere with the software in any way
  • you must not copy any part of the software without our permission.

We may at any time provide upgraded or new versions of the software. As long as an upgraded or new version does not adversely affect any service we provide to you, or your use of our service, you must install the upgrade or new version as soon as you reasonably can and not later than six months after we provide it to you.

6. Our Charges

You must pay for the services we provide or which are provided by a service provider approved by us (eg directory listing services) for you no matter who uses them. Most charges are payable monthly. We may change our charges or plans from time to time. We may also change you to a new plan if we consider that you will be better off. Where we increase any charges for any of our services we will provide you with a minimum of 10 working days' notice or wherever possible one month's notice of these changes. We will tell you about any such changes by emailing or writing to you and by publishing the changes on our website. We may assign any amounts you owe us to another Spark company or to anyone else. The standard charges for our commonly used services are set out in a document called the Spark List of Charges. Charges usually begin from the time you are connected to the Spark Network. We may at any time require you to:

  • satisfy us that you will be able to pay our charges
  • give us a fair bond, guarantee or other security.

You must also pay for 0900 calls charged to you, or made from your phone through the Spark Network, no matter who makes them. We will charge you for those calls on behalf of the 0900 service providers. Your agreement to pay for these calls also applies for the benefit of the 0900 service providers and may be enforced by them.

7. Billing

We will send you bills for our charges. The bills will also include any charges for directory assistance, directory listing services and 0900 calls charged to you or made from your phone. Each bill will tell you the due date for payment. You must pay the bill by that date. Please ask us about the different ways you can pay.

Our bills are based on records. Please let us know before the due date for payment if you think there is a mistake in your bill. We will investigate the matter straight away. While we are doing this, you do not need to pay the queried part of the bill by the due date for payment. You must not set-off or deduct any amount in any other circumstances.

Normally, we will be able to find out if there is a mistake in our records and get back to you within seven days. If there is a mistake we will adjust your next bill or, if appropriate provide a refund.

If there is no mistake, and if the due date for payment has already passed, you must pay the amount outstanding straight away. If you do not pay a bill by the due date for payment:

  • we may charge you interest on the unpaid amount from that date until you pay it; the interest rate will be the rate set out in the Spark List of Charges
  • you may be required to pay any costs that are incurred by anyone (including agents) in recovering the money you owe or in exercising any other rights, including commissions and legal costs on a solicitor and client basis
  • we may withhold, suspend or restrict any service we provide for you.

8. Refund Of Rental Charges For Disrupted Service

Sometimes our services can be disrupted. If this happens, we will restore them as soon as we reasonably can. Where any rental service is completely disrupted and we do not restore it within one business day after you tell us of the disruption, you may ask for a refund of our rental charges for that service for each day of the disruption. A refund is not available where:

  • the disruption or any delay in restoring the service is caused by you or anyone you are responsible for
  • the delay in restoring the service is caused by events beyond our reasonable control
  • we suspend, restrict or stop providing the service. To get your refund, you must ask for it within six months after we restore the service. We will then refund our rental charges for the affected service by adjusting your next bill.

9. Your Right To Give Up Any Service

You may give up any service simply by telling us. Where you have agreed to take the service for a minimum period, charges for the service will continue until the end of that period. Otherwise they will stop straight away.

10. Our Right To Suspend Or Restrict Any Service

If you do not pay our charges or meet any responsibilities you have to us or to any other Spark company, we may suspend or restrict any service at any time.

If you do not pay the charges for 0900 calls charged to you or made from your phone through the Spark Network, we may at any time suspend or restrict your ability to make 0900 calls, or suspend or restrict any service we provide.

Where we suspend a service for any of these reasons we may require you to pay a reconnection charge before you can use it again.

We may also temporarily suspend or restrict any service if we think it reasonable or necessary, for example, to work on the Spark Network.

In most cases, normal charges continue to apply during the suspension or restriction of any service.

11. Our Right To Stop Providing Any Service

We may stop providing any of our services to you. We may do this at any time if you do not pay our charges or meet your other responsibilities under any agreement you have with us. Otherwise:

  • where we have agreed to provide a service for a minimum period, we will continue providing it until the end of that period except if the circumstances set out below apply
  • we will always tell you at least one month before we stop providing the service.

We may end the availability of any service to you and any other Spark customers at any time if the relevant service is no longer viable, we or a service provider are unable to provide it, we or a service provider are withdrawing it from general availability, or we or a service provider are replacing it with a new service.

We may alter our services from time to time. If we alter our services in a way that materially reduces the service offering currently received by you, we will give you 10 working days' notice and wherever possible one month's notice of such alterations. We will tell you about any such alterations by emailing or writing to you and publishing the change on our website.

12. The Spark Network

The Spark Network is the network of communication facilities owned by us and by other Spark companies which we use to provide our services for you and our other customers. Acquiring our services does not give you any rights in any part of the Spark Network.

13. Safeguarding The Spark Network

For your own safety, and so that our services to you and our other customers are not disrupted, it is important that you help safeguard the Spark Network. It is your responsibility to:

  • let us or any of our agents or subcontractors have reasonable, safe access to your premises and get any consents we may need to work on the Spark Network or anything connected to it; the people we send will carry proof of identity. If you do not grant access to your property this may impact on services you or others receive from us, including our ability to provide you with the relevant service
  • follow our directions when connecting anything to the Spark Network and make sure it is installed to our specifications
  • make sure nothing is connected or left connected to the Spark Network unless it has a Telepermit or Spark label on it; this helps make sure no damage occurs to the Spark Network
  • never interfere with the Spark Network; only people we authorise may work on it
  • make sure nothing on property or premises under your control interferes with or damages the Spark Network
  • follow our directions about using any equipment you rent from us and never interfere with it
  • pay our charges for repairing or replacing any part of the Spark Network and any equipment you rent from us which is lost or damaged by you or anyone you are responsible for; there is no charge where damage occurs through normal wear and tear
  • arrange for us to have reasonable, safe access to the premises to remove any equipment you rent from us as soon as we stop providing or you give up the service relating to that equipment
  • make sure everyone you are responsible for also meets your responsibilities under these Standard Terms.

14. Numbers, Electronic Addresses And Other Codes

Depending on the services you acquire from us, we will arrange for appropriate telephone numbers, electronic numbers, electronic addresses and other codes to be allocated to you. Unless we have agreed otherwise with anybody else, all addresses, numbers and other codes allocated to you remain the property of the Spark group and you must not transfer or sell your address, number or code to anyone else.

You are responsible for keeping confidential your Spark account number and any personal identification code or password used by or allocated to you. We may assume that any request or instruction we receive is authorised by you if it is accompanied by suitable verification (for example, your Spark account number, personal identification code or password).

We may change any number we have allocated and allocate you a new number. We will always give you as much notice as we reasonably can before making any change.

If you are an individual you may prefer to restrict access to your name, address and telephone numbers allocated to you. Please call us on 126 if you want to know about ways you can do this.

15. Fixing Faults

Fixing Faults in the Spark Network We will fix any fault in the Spark Network. There is no charge for this except where you or anyone you are responsible for cause the fault. We will begin fixing the fault as soon as we reasonably can. We can normally begin fixing it either within four hours or within any other service levels we agree with you after you report it.

Fixing Faults in Sockets and Wiring Our wiring maintenance charge covers the cost of fixing most faults in sockets and wiring which connect equipment you have to the Spark Network. The faults covered are those which occur through normal wear and tear, a defect in design, materials or manufacture, or a natural disaster and which we fix during our normal business hours.

If you own the sockets and wiring and do not want this service, please tell us. You will then be responsible for fixing these faults. Please ask us if you want us to show you where the sockets and wiring end and the Spark Network begins.

Fixing Other Faults We will fix any fault in sockets, wiring or equipment covered by a separate rental or maintenance agreement you have with us under the terms of that agreement. We will also fix any fault in equipment you rent from us which is not covered by a separate rental agreement. Our rental charge covers the cost of fixing faults which occur through normal wear and tear, a defect in design, materials or manufacture and which we fix during our normal business hours.

Where Other Charges Apply Other charges apply where we investigate or fix anything not covered above. If you need our help, please call us and we will tell you how we may be able to help and what our charges will be.

Continuous Service Please report any fault by calling 125. We are available 24 hours a day, seven days a week.

16. Your Rights To Compensation From Us

We set out here your rights to compensation from us.

Reasonable Expenses Where a service we provide to you is affected because we do not meet our responsibilities to you, and you reasonably incur expenses as a result, please let us know.

Where we consider it appropriate, we will refund to you all or part of those expenses.
Where we do not meet our responsibilities relating to any equipment or other goods we sell to you, the refund of expenses is limited to:

  • $1,000 or 1% of the purchase price, whichever is less, for any month during which we do not meet our responsibilities
  • a total of $2,000 or 2% of the purchase price, whichever is less, in any 12 month period. This refund is in addition to all your rights under our warranty on the equipment or other goods.

Where we do not meet any other responsibility we have to you, the refund is limited to an amount equal to our standard monthly charge for the affected service or the maximum amounts set out in clause18, whichever is less.

For us to consider your claim, you must tell us within six months after the service is affected.

Property Damage If in the course of providing a service we or anyone we are responsible for cause physical damage to your property through not taking reasonable care, we will pay the reasonable costs of repairing the damage up to the maximum amounts set out in clause 18. For us to consider your claim, you must tell us within six months after the property is damaged.

Force Majeure If we are prevented from carrying out any obligation in these terms by reason of any act of God, act of State, riot, insurrection, civil commotion, strike, sanctions, boycott, embargo or any other circumstance beyond our reasonable control, we must endeavour to advise you of the existence of the circumstances and the expected duration of and the obligations affected by the circumstances. Our performance of these terms will, to the extent that it is made impossible by such circumstances, be suspended until such circumstances cease to exist. We will not be liable to you for a failure to perform, or a delay in performing, any obligation set out in these terms.

17. Exclusion Of Our Liability

We have set out your rights to claim a refund of rental charges for disrupted service and to claim compensation from us. We now exclude all other liability we may have to you. This exclusion also applies for the benefit of these people:

  • all other Spark companies, their employees, contractors and everyone they are responsible for
  • other network operators who allow us to use their networks or whom we allow to use the Spark Network, their employees, contractors and everyone they are responsible for
  • our employees and contractors, everyone we are responsible for and anyone else we get to perform our responsibilities under any agreement you have with us
  • none of us is liable to you or has to pay you for anything else caused by or resulting from anything any of us does or does not do, or delays in doing, whether or not it is contemplated or authorised by any agreement you have with us. This exclusion applies:
  • whatever you are claiming for (including loss of profits or business)
  • however liability arises or might arise if it were not for this clause.

This exclusion does not prevent you getting a court order requiring us to do anything we have agreed to do for you.

18. Limitation Of Our Liability

Where you do not meet your responsibilities to us, you must pay any reasonable expenses we incur in collecting any monies. We have set out your rights to claim compensation from us and excluded all other liability we or any of the people listed in clause 17 may have to you. If:

  • you are ever entitled to compensation from us, or
  • we or any of the people listed in clause 17 are ever liable to you and, for any reason whatever, any of us cannot rely on the exclusion of liability set out in clause 17.

The maximum combined amount all of us (together) will have to pay you and anyone else who uses the services we provide to you (together) is:

  • $50,000 for any event or for any series of related events
  • a total of $100,000 in any 12 month period.

19. Our Rights To Recover Expenses From You

Where you do not meet your responsibilities to us, you must pay any reasonable expenses we incur in collecting any money you owe us or in exercising any of our other legal rights.
We recommend you talk to your insurer about arranging suitable cover for risks of loss or liability arising from these terms

20. Using Information About You

During any relationship you have with any Spark company you agree that we and other Spark companies may collect information about you. The information may be obtained from you and others or generated within the Spark Network when you or anyone else uses our services. You may decide whether to provide any information any of us seeks from you. However, if you do not provide it, we and other Spark companies may not be able to provide services to you.

You may ask to see information any of us holds about you, as long as we can readily retrieve it, and ask for any details that are wrong to be corrected. We, other Spark companies and, to the extent appropriate, any service providers approved by us, including service providers providing  directory listing and directory assistance services, may hold the information and share it to the extent appropriate with each other, with Spark employees, contractors and agents and any provider of directory listing and directory assistance services, and with credit reference and debt collection agencies. This enables us, other Spark companies and agencies and any service provider approved by us to:

  • provide services to you and others
  • help prevent and investigate instances of fraud
  • send you bills and recover and report on money you owe
  • keep you informed of services available to you from us and other people
  • exercise any lawful right any of us has (which includes registration and maintenance of financing statements under the Personal Property Securities Act 1999).

Credit reporters may include credit checks, your repayment history and any defaults in payment to Spark and other Spark Companies in their databases and share this information with others who wish to conduct credit checks on you.

You can let us know at any time that you do not want to receive sales and marketing information by calling us on 126. We and other Spark companies may:

  • share to the extent appropriate your name, address and the telephone numbers allocated to you with any person (except other network operators) using services provided by any of us or any service provider approved by us for providing directory assistance and directory listing services; this information may also be used or accessed by us or any such service provider in or from any directories and other publicly available accessible publications and database
  • share with other network operators any information needed to enable you to make and receive calls through their networks; this does not include your name and address
  • share with any 0900 service provider or its agent to whom an 0900 call is made, your name, address and any information about that call; this applies only where the call is charged to you, or made from your phone through the Spark Network, and you do not pay for the call by the due date for payment
  • share aggregated information which does not identify any individual with partners, advertisers and others We may occasionally monitor and record telephone calls between customers and our personnel for training and quality purposes.

21. Confidential Information

You must keep confidential any information you receive from us which you would expect to be confidential or commercially sensitive. Any pricing or network or equipment design information must be treated as confidential. You may only disclose confidential or commercially sensitive information if you are required to by law, or applicable stock exchange rules.

22. Intellectual Property Rights

We or others may have intellectual property rights in the services and in any equipment, including software, we provide to you. These rights include, for example, all copyright, trade mark and design rights relating to the services or equipment. All those rights are retained when we provide services or equipment to you.

Any intellectual property rights arising from any improvement or change to any service devised or made by anyone belongs to us.

23. All Services Acquired For Business Purposes

You agree that you are acquiring our services for the purposes of a business as defined in the Consumer Guarantees Act 1993 and that the provisions of that Act do not apply to any services we agree to provide under any written agreement you have with us.

24. Spark Agents or Service Providers

We may have any Spark company or Spark-approved agent or service provider approved by us perform and have the benefit of our side of any agreement you have with us.

25. Assignment

You may assign and have someone else perform your side of any agreement you have with us as long as you first get our written approval. We may assign and have someone else perform our side of any agreement you have with us.

26. More Than One Customer

Every person named as a customer in any agreement with us must meet all the customer's responsibilities under that agreement.

27. Sending Bills And Notices

We will send bills and other notices to the last address you have given us. We can assume any bill or notice we send by post has been delivered five days after we post it. Please tell us if you change your address.

28. Other Terms

Other terms apply to some of our services. Where we provide those services, we will tell you about the other terms.

29. Responsibilities Under Other Agreements

We must meet all our responsibilities to you under every agreement we have with you. You must meet all your responsibilities under every agreement you have with us and every agreement you have with any other Spark company.

30. Each Term Separately Binding

Each term of every agreement you have with us is separately binding. If for any reason we, you or any of the people listed in clause 17 cannot rely on any term, all other terms remain binding.

31. Rights and Responsibilities That Continue

The ending of any agreement you have with us does not affect any rights and responsibilities which are intended to continue or come into force afterwards. These include the rights and responsibilities under clauses 6 to 8, 13 to 14, 16 to 22, 24, 26, 30, 33, 34 and 35 of these terms.

32. Changing These Terms

We may change these terms. We may do this by changing or removing existing terms or by adding new ones.

We must always tell you about any changes at least one month before they come into effect. We will never change this requirement.

We will tell you about any changes to these terms by writing to you or by putting a notice in major daily newspapers. The notice will set out the actual changes or explain their general nature. Please ask us at any time for a free copy of our current terms.

Any other changes to the terms of any agreement you have with us must be in writing and signed by us.

33. No Waiver

Except if we have waived a right under these terms and notified you in writing, no delay or failure to exercise a right under these terms prevents us exercising that or any other right on that or any other occasion.

34. Invalidity

If any provision of these terms is unlawful and unenforceable, it will be severed from these terms to the extent it is unlawful and unenforceable. The rest of these terms will remain in force.

35. Personal Property Securities Act 1999

You agree that this agreement constitutes a security agreement which provides for a security interest in our favour in all of your present and after-acquired property except for any item of personal property which is not (or which is exclusively the proceeds of any item of personal property which is not) provided by us to you under these terms. In addition, references in these terms to 'equipment' and 'software' means the goods and software described or referred to in the relevant records we maintain (or any other relevant document we may produce), on the basis that such record or other document is deemed to be assented to by you and to be included in and form part of this agreement.

On request by us, you will promptly do all things (including signing any other documents) and provide all information necessary to enable us to perfect and maintain the perfection of any security interest you grant to us under this agreement (including by registration of a financing statement). You waive your right to receive a copy of any verification statement in respect of any financing statement we register and you agree to indemnify us, upon demand, for all costs and expenses we incur in registering and maintaining any financing statement.

Where used in this clause, the following words and phrases (and grammatical variations of them) have the meanings given to them in, or by virtue of, Personal Property Securities Act 1999: 'after-acquired property', 'financing statement', 'goods', 'perfection', 'personal property', 'proceeds', 'security agreement', 'security interest', and 'verification statement'.

36. New Zealand Law Applies

All our services are provided under New Zealand law. You may take action against us only in a New Zealand court.

Terms and Conditions for Medium-sized and Corporate customers that signed a Spark Business Agreement after 1 July 2005.

You can read our Terms and Conditions online. Please speak to your Account Manager for login details.

We have standard product specifications for each service we provide. Some services also have specific service targets and additional terms such as disclaimers or exclusions of liability. These product specifications and terms form part of our Agreement and describe our obligations to you, including situations where our obligations are limited or do not apply.

Help numbers

Contact information is available at the contact us .