1.1. Welcome to MySpark Business (previously MySpark Digital), the online self-service portal ("Portal") of Spark Digital and Spark Business, each a division of Spark New Zealand Trading Limited, where existing Spark Digital and Spark Business clients, authorised Spark Digital and Spark Business dealers and third parties are able to collaborate, manage and order Spark products and services.
1.2. These MySpark Business Terms apply along with one of the following:
a. If you have a signed agreement with us, the terms and conditions of that agreement; or
b. If you are a large or government business customer but do not have a signed agreement with us, the Spark Digital General Terms; or
c. If you are a small and medium business (SME) customer, the Business General Terms.
View Spark Business General Terms
(each, an "Existing Agreement").
In the event of any conflict or inconsistency between these MySpark Business Terms and your Existing Agreements, these MySpark Business Terms will prevail to the extent of such conflict or inconsistency. Together these MySpark Business Terms and your Existing Agreement apply to all of the goods, products and services (including collaboration services) that Spark Digital or Spark Business provides via the Portal.
2.1. You may be assigned one, or a combination, of the following services available through the Portal:
a. Spark Digital Share
b. Management of Existing Services
c. Ordering of Products or Services
3.1. A User ID will be created for you and you will be required to set a password before you can access and use the Portal (“Login Credentials”).
3.2. You must keep your Login Credentials confidential and secure at all times and you accept responsibility for any unauthorised use where you fail to keep your Login Credentials confidential and secure.
3.3. You are responsible for the use of your Login Credentials that you provide to any third parties including your employees and any other users you authorise to access the Portal.
Where you have been assigned the ability to access the Portal to use Spark Digital Share the following provisions will apply
4.1. Subject to the below terms, Spark Digital will ensure all documents or information you upload, transmit, post or otherwise make available through Spark Digital Share (“Documents”) will be kept secure and confidential.
4.2. You can nominate as many users from your organisation as you require to access your Documents. You acknowledge that where you nominate a user to access your Documents you are responsible for ensuring that for any users other than Spark Digital, that they keep your Documents secure and confidential.
4.3. You will not make available Documents that are misleading; defamatory; contain offensive language or material; breach any laws, standards or codes; infringe the rights of any third parties; or otherwise expose Spark Digital to any risk of a legal claim or prosecution. You will ensure that your Documents do not contain any virus or any other malicious code that could corrupt other users’ data or systems. Any Documents you access through Spark Digital Collaboration are done so on as “as is” basis and Spark Digital accepts no responsibility for the content or otherwise of any Documents.
4.4. Where, in Spark Digital’s reasonable opinion, you are in breach of your obligation in 4.3, you authorise Spark Digital to remove any infringing Documents. Spark Digital will have no liability to you if we remove infringing Documents. You should ensure that you keep copies of all Documents you upload to the Spark Digital Collaboration platform.
5.1. Where you have been assigned the ability to access the Portal for Management of Services you will be responsible for any changes you make to the relevant Service through the Portal.
6.1. Where you have been assigned the ability to access the Portal to purchase products or services the following provision will apply:
When you place an order or services request through the Portal you are unable to cancel the order unless you obtain the prior consent of Spark Digital or Spark Business, or clause 8.2 applies. The placement of an order or service request does not constitute acceptance of your order. Your order will be accepted when you receive an acceptance either online after placing your order or an email confirmation from us, or upon dispatch of the relevant products or performance of the relevant services (whichever occurs first). Acceptance of orders is at the sole discretion of Spark Digital or Spark Business and an order is not binding upon Spark Digital or Spark Business until it is accepted.
7.1. The prices listed on this Portal are exclusive of GST unless otherwise stated. If prices are not specified for any products or services available on this Portal (excluding any service identified in the Portal as not incurring any charges), and you have an existing agreement with Spark Digital or Spark Business, the prices specified in the existing agreement which you have with Spark Digital or Spark Business will apply to those products or services. We will advise you if delivery costs are applicable.
8.1. You are prohibited from using this Portal for any unlawful purpose or in contravention of these terms and conditions.
8.2. Without limiting any other rights and remedies available to Spark Digital or Spark Business, Spark Digital and Spark Business may limit your activities on the Portal, remove you from the Portal, issue a warning to you, suspend or terminate your status as a user of the Portal, cancel any order which it has accepted, or refuse to provide any other products or services to you, if you breach these terms and conditions, the Spark Digital website legal disclaimer and/or your existing agreement with Spark Digital or Spark Business or otherwise where Spark Digital or Spark Business considers it appropriate.
9.1. In relation to the provision of goods, products and services by Spark Digital or Spark Business (including collaboration services) the liability of the parties is governed by your Existing Agreements.
10.1. Spark Digital and Spark Business may send you emails relating to your activities on the Portal, and for promoting and marketing the Portal. Spark Digital and Spark Business may also send you regular electronic newsletters. Newsletters will contain clear and obvious instructions for how you can unsubscribe from the mailing list.