Spark Lease Terms - Retired

​Customer terms

1. These terms and conditions apply in addition to our Mobile Postpaid Terms and Conditions and any other specific terms and conditions applying to your Plan or Account with Spark.
2. Your Device Lease Contract is made up of (1) these customer terms and conditions; and (2) the Specific Terms in your personal disclosure statement (“Device Lease Contract”).
3. Subject only to clause 4 below, nothing in these terms affects your rights under the Consumer Guarantees Act 1993 and the Fair Trading Act 1986. The website www.consumeraffairs.govt.nz is a useful place to visit to help you understand your rights under this legislation.
4. If you are acquiring goods or services for the purposes of a business as defined in the Consumer Guarantees Act 1993 you acknowledge that, to the maximum extent permitted by law, the provisions of that Act do not apply to the Services that we provide toyou under this agreement.
5. This offer is subject to availability and release of each new mobile by its manufacturer.
6. Amounts stated in this offer are inclusive of GST (if any).

How Spark Lease works

7. To join Spark Lease you must:
   1. Choose an eligible smartphone
   2. Make sure you remain on an eligible Pay Monthly plan. You can have one Device Lease Contract per eligible plan.
   3. Sign up to a 24-month Device Lease Contract
   4. Keep the phone in good working condition until returned to Spark
8. Once you have entered into a Device Lease Contract, you have the right to use the phone for the 24-month term, at the end of which you must return the phone to Spark
9. Your Device Lease Contract can end in one of these ways:
   1. You return the phone at the end of the 24-month term;
   2. You return the phone early where you'll be charged an early termination fee;
   3. You choose to end your Device Lease Contract and be transferred to Spark’s Interest Free Payment terms (see below at clauses 57-65); or
   4. You breach the terms of your Device Lease Contract, including by not meeting your monthly lease or Pay Monthly plan payments, where you will return the phone to Spark and be charged an early termination fee
10. You do not own the phone – it is leased to you by Spark and you must return it at the end of the 24-month term. You may not be covered under your house and contents policy for a phone that you do not own. Spark accepts no liability for this. Please check with your insurance provider.
11. Spark (and any subsequent assignee or transferee) may assign or transfer ownership of the phone to any other person at any time, but your rights under the Device Lease Contract will not be affected by such assignment or transfer

Joining Spark Lease

12. You must pass Spark credit criteria and appropriate credit checks
13. The offer is available on eligible phones that are in stock only. The offer will be available until withdrawn by us.
14. The offer is available to new and current customers on an eligible Spark Pay Monthly plan only
15. The offer will be available through Spark retail stores and other selected channels
16. You have 7 working days from the date on which the Device Lease Contract is entered into to cancel the Device Lease Contract if you change your mind (also called cooling-off). If you cancel within this period, you're entitled to a full refund. The phone must be returned undamaged and unused in the original sealed box. If a billing cycle has occurred before the cooling-off period has ended, and if you exercise your right to return during the cooling-off period, a credit will be issued on your next billing cycle.

During your Device Lease Contract

17. You must keep the phone in a proper state of maintenance or repair and take all reasonable precautions to ensure it remains in good working condition
18. Each month, you must pay your phone lease payment in full
19. You must remain on an eligible Pay Monthly plan and make all payments required under that plan when due
20. You cannot transfer your Device Lease Contract from one customer to another
21. If you return the phone early, you agree to pay all associated fees on your next bill, including early termination fees and any damage fees
22. The unique International Mobile Equipment Identity number (IMEI) of your phone is associated with your Device Lease Contract and is listed on your monthly Spark invoice. This IMEI number must be updated in the event of a phone replacement during a warranty claim and/or a phone repair by an authorised repairer. Please contact Spark as soon as possible to inform us of a change in IMEI number. You can find your 15-digit IMEI number by entering *#06# on your phone.
23. If there is an inherent fault or defect with your phone you have rights under the Consumer Guarantees Act 1993, including for a remedy from Spark. If you choose to seek remedy from the phone manufacturer instead of Spark and receive a replacement phone, please contact Spark as soon as possible to inform us of the change in IMEI number.
24. If you cause damage to your phone, or allow your phone to be damaged, during your 24-month Device Lease Contract, you may be liable to pay damage fees when you return your phone at the end of your lease
25. Should you wish to repair the damage yourself during your lease term, you must use Spark, the original equipment manufacturer or an approved repairer to carry out the repairs at your own cost. Contact Spark or head in-store for guidance on approved repairers.
26. We may change these terms by changing or removing existing terms or by adding new ones. Changes may take the form of completely new terms. Unless the change is for your benefit, or is required immediately for legal or regulatory reasons, or is necessary for security reasons, to prevent fraud, or for technical reasons, we will always tell you about any changes to these terms at least one month before they come into effect. We will never change this requirement. We will tell you about any changes by emailing or writing to you and/or SMS messaging you. Your ongoing use of mobile leasing services under your Device Lease Contract indicates your acceptance of these changes. If the changes are detrimental and you do not agree to the changes, you may terminate this Device Lease Contract and no early termination fee will apply.
27. You consent to all forms of disclosure under the Credit Contracts and Consumer Finance Act 2003 and any notice from Spark being made in electronic form by means of an electronic communication. You consent to Spark sending any such electronic communication to the email address you have provided to Spark, or to your mobile number (via SMS message). You acknowledge that, in respect of such disclosure or notice, you have imposed no conditions regarding the form of the information or the means by which the information is produced, sent, received, processed, stored or displayed.

Returning a Spark Lease phone to Spark

28. You must return your phone to Spark at the end of your Device Lease Contract
29. When returning a phone, either early or at end of the term, you must ensure the phone being returned:
    1. Is in good working condition
    2. Has no SIM or memory card included
    3. Your data has been cleared and the phone has been factory reset
    4. Activation and device locking features have been disabled
    5. Has not been jailbroken or rooted
    6. Has an IMEI number which matches the IMEI of the phone associated with your Device Lease Contract.
30. When you return your leased phone, an assessment of the phone will be made to see whether it's in good working condition. If the phone isn't in good working condition, you'll be charged an additional damage fee as set out in the table below. Please see below for the meanings of good working condition, types of damage and the relevant damage fees.
31. When you return the phone, you will sign a form confirming that the phone has been returned and its condition. We reserve the right to charge you up to $599 if it is subsequently found that the phone’s locking features have not been suitably disabled.
32. Proof of authorised repair will be required if your returned lease phone has been repaired during your Device Lease Contract. If you get it repaired by an unauthorised repairer, we may charge you a fee, up to $299, post returning the phone to us. If, as part of the repair you arrange, your lease phone is replaced with a replacement phone of the same make, model and specifications, this replacement phone will become the phone subject of the Device Lease Contract. Please contact Spark as soon as possible to inform us of the change in IMEI number.
33. If you do not return your leased phone when required (either on early termination or at the end of the lease term), you will be charged a monthly non-return fee. This fee will be equal to your monthly lease payment, and will apply from the termination date of your lease. You will continue to be charged this fee each month until (a) you return the leased phone to Spark; or (b) you have paid a total amount of $240 (or $360 on selected devices), as per the terms of your individual lease disclosure statement (whichever occurs first).

Ending early

34. If you end your Device Lease Contract and return your leased phone before the end of your 24-month term, you'll be charged an early termination fee as set out in the table below.
35. If the phone isn't in good working condition when you return it, you'll be charged an additional damage fee as set out in the table below. Also see below at clauses 55-56 for the meaning of good working condition and the types of damage.

36. All early termination fees for your Device Lease Contract are separate and in addition to any early termination fees for your Pay Monthly plan that may apply
37. If during the first 18 months (payments 1 to 18) of your lease you decide you would prefer to own the phone, you can choose to end your Device Lease Contract and be transferred to Spark’s Interest Free Payment terms (see below at 57-65). You must pay the Cash Price listed under your individual customer disclosure statement, less the lease payments you have already paid under your Device Lease Contract. If you choose to do this, you will not be charged an early termination fee. The option to transfer to Spark's Interest Free Payment terms is not available during the last six months (months 19 to 24) of your lease.
38. Early termination fees will take into consideration all remaining payments, regardless of when the phone is returned during your billing period

Spark Lease phones that are lost or stolen

39. Your leased phone may not be covered under your house and contents policy. Spark accepts no responsibility for this. Please check with your insurance provider.
40. In the event of your Spark Lease phone being lost or stolen you remain responsible to Spark under your Device Lease Contract and Spark’s non-return terms will apply if you don't return your leased phone on termination
41. If your phone has been lost or stolen, you should immediately notify Spark so that the phone can be blacklisted on all New Zealand mobile networks. If your phone is not blacklisted, you may be at risk of a third-party incurring unauthorised charges on your account, for which you will be responsible.

Disconnections

42. If you do not pay your monthly lease payment by the due date you will receive a non-payment notification. This notification will include information about how and when you must make payment. If you do not make payment in accordance with this notification your Spark account may be temporarily suspended. If your Spark account remains unpaid after temporary suspension, then your Spark account may be permanently disconnected.
43. If your Spark account is disconnected due to non- payment, your Device Lease Contract will be terminated and you must return your leased phone to Spark within 10 days. You'll also be charged the applicable early termination fee and, if you fail to return the phone, you'll be charged the applicable non-return fee.

Withholding, suspending or restricting services

44. We may withhold, suspend or restrict or terminate your Device Lease Contract or take such other steps as we believe are reasonably necessary or appropriate if:
    1. You do not comply with the terms and conditions of your Device Lease Contract or any other agreement with us;
    2. You use Mobile Leasing or behave in a way that we reasonably consider to be abusive, unreasonable, inappropriate, illegal, unauthorised or fraudulent, in bad faith, or in any way that infringes any other person’s legal rights; or
    3. You harass, abuse or threaten our staff

Spark Lease Plus​​

45. Spark Lease Plus is an optional $10 per month service add-on that can only be taken up at the time you start your Device Lease Contract
46. With Spark Lease Plus:

    1. You will receive discounted damage and early termination fees if you end your Device Lease Contract before the end of your 24-month term

    2. After 12 monthly payments you can choose to upgrade your phone at no further cost, provided the phone being returned is in good working condition and you sign up to a new 24-month Device Lease Contract. You are under no obligation to use the Spark Lease Plus upgrade option.

    3. After 12 monthly payments you may also choose to end your Device Lease Contract early without paying an early termination fee. If you return your leased phone damaged, damage fees will apply. ​
       

47. Under Spark Lease Plus the following early termination and, if applicable, damage fees will apply:

Spark Lease Plus Lost/Stolen​

48. Spark Lease Plus Lost/Stolen is an optional $5.95 per month service add-on that can be taken up at the time you start your Device Lease Contract only and is in addition to Spark Lease Plus
49. You cannot have Spark Lease Plus Lost/Stolen without having Spark Lease Plus. The total amount that you will pay for Spark Lease Plus Lost/Stolen and Spark Lease Plus is $15.95 per month
50. Spark Lease Plus Lost/Stolen means that if your lease phone is lost or stolen during your Device Lease Contract and you want to end your Device Lease Contract early as a result, you'll be charged a one-off $199 Lost/Stolen Lease Plus fee, instead of any early termination and non-return fees which may otherwise apply. 
51. You'll be required to provide a police report as a condition of activating Spark Lease Plus Lost/Stolen. The phone will then be blacklisted and won't work on all New Zealand mobile networks.
52. If you choose to activate your Spark Lease Plus Lost/Stolen option, you will need to sign paperwork which states that if your leased phone is later found you do not own it and you'll return the phone to Spark.
53. We may refuse to sell you Spark Lease Plus Lost/Stolen option if you have a history of Lost/Stolen option activity on your account which Spark reasonably considers to be an abuse of this option and/or the mobile leasing scheme

Combined Spark Lease Plus and Spark Lease Plus Lost/Stolen terms​

54. Spark Lease Plus and Spark Lease Plus Lost/Stolen:

    1. Are not available for purchase after your Device Lease Contract has started 

    2. Are optional and you are not obliged to take up the extra products 

    3. Can be cancelled at any time and your benefits will cease on the cancellation date. Once you've cancelled Spark Lease Plus and Spark Lease Plus Lost/Stolen, you cannot restart later in your lease term. 

    4. Will appear as an individual line item on your Spark invoice 

    5. Do not impact your obligation to return your leased phone at the end of your Device Lease Contract and non-return fees will still apply 

    6. Are not extended warranty or insurance products and don't impact any of your rights at law, including under the Fair Trading Act 1986 or Consumer Guarantees Act 1993, or appropriate manufacturer warranties

What is a phone that is in good working condition?

55. A phone being returned is in good working condition if the phone is undamaged and it meets the following working phone definition at the time of return:

    1. The phone can power on and off 

    2. The phone being returned is complete with battery and back cover (chargers are not required). Battery must not be swollen. 

    3. The integral bodywork should have no cracks, missing plastics or metal and there should be no missing parts 

    4. The bodywork should not be hanging off the main body of the phone in any way

    5. The LCD must be working and power up correctly, load the mobile's home screen and be able to access applications 

    6. The screen must be intact with no cracks

    7. There are no signs of liquid damage 

    8. The phone must lie flat on its front 

    9. The phone's been factory reset and all user data wiped

56. If you have damaged your lease phone or allowed your lease phone to be damaged during your Device Lease Contract or while in your possession after the end of your 24-month Device Lease Contract term, the following definitions apply for the purposes of damage fees which may be payable (the applicable damage fee will apply if any one of the circumstances described under the relevant category applies):
    1. Cosmetic damage
       1. There are minor chips, dents on front or rear glass​
       2.  There are there signs of phone housing separating
       3. The screen is lifting more than 2mm
       4. There are signs of paint peeling off the phone
       5. There are non-original parts in the phone housing or buttons
       6. The camera lenses, camera housing or back torch is damaged
       7. The Liquid Contact Indicator (LCI) has been activated, or there are signs of water damage/condensation under the screen​
          
    2. Cracked screen

       1. Chips and cracks greater than 5mm or shattered front glass

       2. The LCD screen does not respond to touch​

       3. Mechanical buttons are not working, for example, volume button, power button, home button

       4. There are signs discoloration, for example,pink screen, or burn-in on the LCD screen​

    3. Beyond economic repair

       1. The phone no longer works

       2. The phone does not read the SIM 

       3. The battery is swollen (manufacturer faults will result in a warranty claim) 

       4. Activation locks have not been removed, for example, Find My iPhone and Android lock 

       5. The phone is bent with lifted/glass separation 

       6. The LCD has lines or missing pixels

       7. The phone’s IMEI is blocked or blacklisted by any New Zealand mobile network

Interest Free Payment terms​

57. These terms apply in addition to Spark’s standard terms and standard interest free payment terms. If there is a conflict between these terms and Spark’s interest free terms, these terms will prevail.
    
58. If during the first 18 months (payments 1 to 18) of your lease you decide you would prefer to own the phone, you can choose to end your Device Lease Contract and be transferred to Spark’s Interest Free Payment terms (“Interest Free Buy-out”)
59. In order to transfer to Interest Free Buy-out, you must agree to pay the Cash Price of the phone under your individual customer disclosure statement, less the lease payments you have already made under your Device Lease Contract (“Interest Free Buy-out Price”)
60. Interest Free Buy-out is available in-store only. Please contact a Spark retail store for details.
61. You may choose an Interest Free Buy-out period of 12 or 24 months. Your monthly interest free payments will be the Interest Free Buy-out Price divided by the number of payments you choose.
62. Title of the phone will transfer to you when your Device Lease Contract is cancelled and you enter into your Interest Free Buy-out contract. You acknowledge you are buying the phone in its current condition at the date of your Interest Free-Buy out.
63. If you choose Interest Free Buy-out you are not eligible to take up any of Spark’s insurance products
64. A transfer from Mobile Leasing to Interest Free Buy-out does not impact any of your rights at law, including under the Fair Trading Act 1986 or Consumer Guarantees Act 1993