Cost Manager Terms and Conditions

Cost Manager Terms and Conditions

Cost Manager Terms and Conditions

Introduction

1.1. These Cost Manager Terms are one of our Plan and Product Terms and apply when you sign up for or use Cost Manager. In buying these services, you understand and agree to these terms. They also apply to any use of the Cost Manager products and services by your staff or anyone else you have authorised. If anyone in your business will be using these products and services, please ensure they have also read and understood these terms. Our Business General Terms also apply to these products and services.
View Business General Terms

1.2. In the event of inconsistency, these Cost Manager Terms take precedence, followed by the Business General Terms.

1.3. In this Terms of Use, "you" and "your" means you, the customer, "Spark" means Spark New Zealand Trading Limited, "Globys" means Globys, Inc., and "we", "us", or "our" means Spark and Globys.

1.4. This Cost Management Website ("the Site") is powered by Globys acting on its own behalf and as an agent for Spark

Your use

2.1. When you first register to use the Site, we require authorisation from your Company Account Holder ("CAH") or the authorised person on the account before we will provide you with a Site login and password. We will automatically seek authorisation from your CAH or the authorised person on the account and we will provide you with Site access when authorisation has been obtained

2.2. You must do the following in relation to the Site:

  • Maintain the confidentiality of the logins and passwords we provide to you relating to the Site and notify us of any unauthorised use of your logins and passwords;
  • Comply at all times with the Terms of Use, including the license conditions; and
  • Notify Spark at costmanager@spark.co.nz within fourteen (14) days if you change your billing contact information.

2.3. You agree that:

  • You are responsible for all activity and usage of the Site and will be responsible for payment to Spark of all usage related to it under your logins and passwords (whether authorised or not), excluding activity of or access to the Site that was outside your control;
  • You do not acquire any rights, title, or interest (including any copyrights, trademarks, patents, or other intellectual property rights) in the Site (the "Intellectual Property Rights") or any content provided as part of it;
  • You must not use or knowingly permit others to use the Site for any fraudulent, malicious or illegal purposes, or in a manner that may threaten or cause harm to us or any other user of the Site including without limitation, to send or transmit any virus or to alter, steal, corrupt, disable, destroy, trespass or violate any security or encryption of any computer file, database or network; and
  • We may monitor your use of the Site to ensure that you comply with the Terms of Use.

3. Online invoicing

3.1. When you register for Cost Manager, you will automatically be subscribed to online (i.e. paperless) invoices. This is the most convenient way to receive and view your Spark invoice. You can access your last 12 invoices from anywhere and at any time. You can also analyse your invoice information online. Your online invoices will be available for 12 months and it will be the administrator's responsibility to download the invoices.

3.2. If you add another Spark account to your Cost Manager, you will receive paper invoices for all accounts associated with Cost Manager. With a paper invoices subscription, you will still be able to view and run reports in Cost Manager, however, you will not be able to download these invoices from Cost Manager.

3.3. However, you can switch back to paperless invoices, including converting new accounts added to your Cost Manager subscription by updating your account settings in Cost Manager. Accounts that remain subscribed to paper billing will be charged the monthly Paper Bill Fee of $9.99 + GST.

4. License

4.1. Except as expressly provided in this Section, nothing contained in the Site shall be construed as conferring any license or right, expressly, by implication, by estoppel or otherwise, under any of our intellectual property rights, or under any third party's intellectual property rights. Except as permitted by law, you must not, and must not knowingly permit others to translate, adapt, modify, alter, decompile, disassemble, reverse engineer, tamper with, circumvent, or create any derivative work of any aspect of the Site and/or the service(s). You will not, and will not knowingly permit others to resell, re-brand, pass-through, assign, or otherwise attempt to make the Site available to any party other than you or any of your employees, agents or sub-contractors who have agreed to be bound by this Terms of Use.

4.2. Subject to you maintaining your account with Spark in good standing and paying Spark the applicable Charges for access to the Site, Spark hereby makes available to you access to the Site and Globys hereby grants you a revocable, non-exclusive, non-transferable, limited license to view, reproduce, print, and distribute materials retrieved from this Site provided (i) such materials are used only for informational, non-commercial purposes, and (ii) you do not remove or obscure the copyright notice or other notices. Any rights not expressly granted herein are reserved.

5. Charges

5.1. The applicable Charges are billed by Spark in advance and must be paid by the due date shown on your invoice. "Charges" means any fees payable for use of the Site and related services as varied from time to time, plus any third party charges that Spark may pass along to you (including but not limited to any charges for services requested by you or by Spark on your behalf from third party suppliers, any third party fee increases, any special or one-off charges, and/or any fees for initiation, connection, or termination of the Site or any aspect thereof). Unless expressly stated otherwise, the Charges are exclusive of GST.

5.2. The Monthly Fee entitles you to access the last four (4) months (which includes the current month) of your call data and the last twelve (12) months of your statement data.

6. Termination

6.1. We specifically reserve the right to refuse to make available on the Site, and/or to remove from the Site, any data input by you that we reasonably determine does not comply with the applicable requirements, specifications and/or standards as set out in this Terms of Use and any user guides and/or which may (i) violate any applicable laws or regulations; (ii) infringe or otherwise violate the rights of any third party; (iii) expose Spark or Globys to legal, regulatory or administrative proceedings or (iv) otherwise expose Spark or Globys to criminal, civil or other legal liability.

6.2. In order to protect the Site, at any time we reasonably determine that the security or integrity of the Site may be at risk, we may temporarily suspend the provision of it. Furthermore, we may terminate the provision of the Site to you if we consider that you may be using or attempting to use it for fraudulent, malicious or illegal purposes, or engaged in other activities that may threaten or cause harm to Spark, Globys, any other customer or user of the Site.

7. No representations or warranties

7.1. The Site is provided "as is". You acknowledge that you have no claim against us, or any third party service provider for loss or damage arising from the provision or failure to provide the site, the services or in connection with this Terms of Use; and (ii) all statutory or implied conditions and warranties are excluded to the extent permitted by law.

7.2. The presentation of the billing information on this Site may be affected by the type and quality of your equipment and/or events beyond our control, for this reason, we are not responsible for consequential presentation distortions in the information displayed.

7.3. The documents, graphics, and images published at the Site could include inaccuracies or errors. In addition, we reserve the right to modify the information contained in the Site without notice. We make no commitment, however, to update the information contained in the Site.

7.4. The Site may contain links to other websites that are completely independent of the Site. We make no representation or warranty as to the accuracy, completeness, authenticity, ownership, or legality of the information or opinions contained in any such linked website, and any link to another website shall not in any manner be construed as an endorsement by us of that website, or of the products or services described therein. We expressly disclaim any liability for such third-party information or opinions under criminal or civil laws relating to defamation, intellectual property infringement, privacy, obscenity, or any other area of law.

7.5. We are not responsible for any reliance you make on any opinions expressed at the Site when making business, financial, personal, or other decisions. Additionally, we do not endorse the opinions of third parties expressed on linked websites.

Introduction

1.1. These Cost Manager Terms are one of our Plan and Product Terms and apply when you sign up for or use Cost Manager. In buying these services, you understand and agree to these terms. They also apply to any use of the Cost Manager products and services by your staff or anyone else you have authorised. If anyone in your business will be using these products and services, please ensure they have also read and understood these terms. Our Business General Terms also apply to these products and services.
View Business General Terms

1.2. In the event of inconsistency, these Cost Manager Terms take precedence, followed by the Business General Terms.

1.3. In this Terms of Use, "you" and "your" means you, the customer, "Spark" means Spark New Zealand Trading Limited, "Globys" means Globys, Inc., and "we", "us", or "our" means Spark and Globys.

1.4. This Cost Management Website ("the Site") is powered by Globys acting on its own behalf and as an agent for Spark

Your use

2.1. When you first register to use the Site, we require authorisation from your Company Account Holder ("CAH") or the authorised person on the account before we will provide you with a Site login and password. We will automatically seek authorisation from your CAH or the authorised person on the account and we will provide you with Site access when authorisation has been obtained

2.2. You must do the following in relation to the Site:

  • Maintain the confidentiality of the logins and passwords we provide to you relating to the Site and notify us of any unauthorised use of your logins and passwords;
  • Comply at all times with the Terms of Use, including the license conditions; and
  • Notify Spark at costmanager@spark.co.nz within fourteen (14) days if you change your billing contact information.

2.3. You agree that:

  • You are responsible for all activity and usage of the Site and will be responsible for payment to Spark of all usage related to it under your logins and passwords (whether authorised or not), excluding activity of or access to the Site that was outside your control;
  • You do not acquire any rights, title, or interest (including any copyrights, trademarks, patents, or other intellectual property rights) in the Site (the "Intellectual Property Rights") or any content provided as part of it;
  • You must not use or knowingly permit others to use the Site for any fraudulent, malicious or illegal purposes, or in a manner that may threaten or cause harm to us or any other user of the Site including without limitation, to send or transmit any virus or to alter, steal, corrupt, disable, destroy, trespass or violate any security or encryption of any computer file, database or network; and
  • We may monitor your use of the Site to ensure that you comply with the Terms of Use.

3. Online invoicing

3.1. When you register for Cost Manager, you will automatically be subscribed to online (i.e. paperless) invoices. This is the most convenient way to receive and view your Spark invoice. You can access your last 12 invoices from anywhere and at any time. You can also analyse your invoice information online. Your online invoices will be available for 12 months and it will be the administrator's responsibility to download the invoices.

3.2. If you add another Spark account to your Cost Manager, you will receive paper invoices for all accounts associated with Cost Manager. With a paper invoices subscription, you will still be able to view and run reports in Cost Manager, however, you will not be able to download these invoices from Cost Manager.

3.3. However, you can switch back to paperless invoices, including converting new accounts added to your Cost Manager subscription by updating your account settings in Cost Manager. Accounts that remain subscribed to paper billing will be charged the monthly Paper Bill Fee of $9.99 + GST.

4. License

4.1. Except as expressly provided in this Section, nothing contained in the Site shall be construed as conferring any license or right, expressly, by implication, by estoppel or otherwise, under any of our intellectual property rights, or under any third party's intellectual property rights. Except as permitted by law, you must not, and must not knowingly permit others to translate, adapt, modify, alter, decompile, disassemble, reverse engineer, tamper with, circumvent, or create any derivative work of any aspect of the Site and/or the service(s). You will not, and will not knowingly permit others to resell, re-brand, pass-through, assign, or otherwise attempt to make the Site available to any party other than you or any of your employees, agents or sub-contractors who have agreed to be bound by this Terms of Use.

4.2. Subject to you maintaining your account with Spark in good standing and paying Spark the applicable Charges for access to the Site, Spark hereby makes available to you access to the Site and Globys hereby grants you a revocable, non-exclusive, non-transferable, limited license to view, reproduce, print, and distribute materials retrieved from this Site provided (i) such materials are used only for informational, non-commercial purposes, and (ii) you do not remove or obscure the copyright notice or other notices. Any rights not expressly granted herein are reserved.

5. Charges

5.1. The applicable Charges are billed by Spark in advance and must be paid by the due date shown on your invoice. "Charges" means any fees payable for use of the Site and related services as varied from time to time, plus any third party charges that Spark may pass along to you (including but not limited to any charges for services requested by you or by Spark on your behalf from third party suppliers, any third party fee increases, any special or one-off charges, and/or any fees for initiation, connection, or termination of the Site or any aspect thereof). Unless expressly stated otherwise, the Charges are exclusive of GST.

5.2. The Monthly Fee entitles you to access the last four (4) months (which includes the current month) of your call data and the last twelve (12) months of your statement data.

6. Termination

6.1. We specifically reserve the right to refuse to make available on the Site, and/or to remove from the Site, any data input by you that we reasonably determine does not comply with the applicable requirements, specifications and/or standards as set out in this Terms of Use and any user guides and/or which may (i) violate any applicable laws or regulations; (ii) infringe or otherwise violate the rights of any third party; (iii) expose Spark or Globys to legal, regulatory or administrative proceedings or (iv) otherwise expose Spark or Globys to criminal, civil or other legal liability.

6.2. In order to protect the Site, at any time we reasonably determine that the security or integrity of the Site may be at risk, we may temporarily suspend the provision of it. Furthermore, we may terminate the provision of the Site to you if we consider that you may be using or attempting to use it for fraudulent, malicious or illegal purposes, or engaged in other activities that may threaten or cause harm to Spark, Globys, any other customer or user of the Site.

7. No representations or warranties

7.1. The Site is provided "as is". You acknowledge that you have no claim against us, or any third party service provider for loss or damage arising from the provision or failure to provide the site, the services or in connection with this Terms of Use; and (ii) all statutory or implied conditions and warranties are excluded to the extent permitted by law.

7.2. The presentation of the billing information on this Site may be affected by the type and quality of your equipment and/or events beyond our control, for this reason, we are not responsible for consequential presentation distortions in the information displayed.

7.3. The documents, graphics, and images published at the Site could include inaccuracies or errors. In addition, we reserve the right to modify the information contained in the Site without notice. We make no commitment, however, to update the information contained in the Site.

7.4. The Site may contain links to other websites that are completely independent of the Site. We make no representation or warranty as to the accuracy, completeness, authenticity, ownership, or legality of the information or opinions contained in any such linked website, and any link to another website shall not in any manner be construed as an endorsement by us of that website, or of the products or services described therein. We expressly disclaim any liability for such third-party information or opinions under criminal or civil laws relating to defamation, intellectual property infringement, privacy, obscenity, or any other area of law.

7.5. We are not responsible for any reliance you make on any opinions expressed at the Site when making business, financial, personal, or other decisions. Additionally, we do not endorse the opinions of third parties expressed on linked websites.

Introduction

1.1. These Cost Manager Terms are one of our Plan and Product Terms and apply when you sign up for or use Cost Manager. In buying these services, you understand and agree to these terms. They also apply to any use of the Cost Manager products and services by your staff or anyone else you have authorised. If anyone in your business will be using these products and services, please ensure they have also read and understood these terms. Our Business General Terms also apply to these products and services.
View Business General Terms

1.2. In the event of inconsistency, these Cost Manager Terms take precedence, followed by the Business General Terms.

1.3. In this Terms of Use, "you" and "your" means you, the customer, "Spark" means Spark New Zealand Trading Limited, "Globys" means Globys, Inc., and "we", "us", or "our" means Spark and Globys.

1.4. This Cost Management Website ("the Site") is powered by Globys acting on its own behalf and as an agent for Spark

Your use

2.1. When you first register to use the Site, we require authorisation from your Company Account Holder ("CAH") or the authorised person on the account before we will provide you with a Site login and password. We will automatically seek authorisation from your CAH or the authorised person on the account and we will provide you with Site access when authorisation has been obtained

2.2. You must do the following in relation to the Site:

  • Maintain the confidentiality of the logins and passwords we provide to you relating to the Site and notify us of any unauthorised use of your logins and passwords;
  • Comply at all times with the Terms of Use, including the license conditions; and
  • Notify Spark at costmanager@spark.co.nz within fourteen (14) days if you change your billing contact information.

2.3. You agree that:

  • You are responsible for all activity and usage of the Site and will be responsible for payment to Spark of all usage related to it under your logins and passwords (whether authorised or not), excluding activity of or access to the Site that was outside your control;
  • You do not acquire any rights, title, or interest (including any copyrights, trademarks, patents, or other intellectual property rights) in the Site (the "Intellectual Property Rights") or any content provided as part of it;
  • You must not use or knowingly permit others to use the Site for any fraudulent, malicious or illegal purposes, or in a manner that may threaten or cause harm to us or any other user of the Site including without limitation, to send or transmit any virus or to alter, steal, corrupt, disable, destroy, trespass or violate any security or encryption of any computer file, database or network; and
  • We may monitor your use of the Site to ensure that you comply with the Terms of Use.

3. Online invoicing

3.1. When you register for Cost Manager, you will automatically be subscribed to online (i.e. paperless) invoices. This is the most convenient way to receive and view your Spark invoice. You can access your last 12 invoices from anywhere and at any time. You can also analyse your invoice information online. Your online invoices will be available for 12 months and it will be the administrator's responsibility to download the invoices.

3.2. If you add another Spark account to your Cost Manager, you will receive paper invoices for all accounts associated with Cost Manager. With a paper invoices subscription, you will still be able to view and run reports in Cost Manager, however, you will not be able to download these invoices from Cost Manager.

3.3. However, you can switch back to paperless invoices, including converting new accounts added to your Cost Manager subscription by updating your account settings in Cost Manager. Accounts that remain subscribed to paper billing will be charged the monthly Paper Bill Fee of $9.99 + GST.

4. License

4.1. Except as expressly provided in this Section, nothing contained in the Site shall be construed as conferring any license or right, expressly, by implication, by estoppel or otherwise, under any of our intellectual property rights, or under any third party's intellectual property rights. Except as permitted by law, you must not, and must not knowingly permit others to translate, adapt, modify, alter, decompile, disassemble, reverse engineer, tamper with, circumvent, or create any derivative work of any aspect of the Site and/or the service(s). You will not, and will not knowingly permit others to resell, re-brand, pass-through, assign, or otherwise attempt to make the Site available to any party other than you or any of your employees, agents or sub-contractors who have agreed to be bound by this Terms of Use.

4.2. Subject to you maintaining your account with Spark in good standing and paying Spark the applicable Charges for access to the Site, Spark hereby makes available to you access to the Site and Globys hereby grants you a revocable, non-exclusive, non-transferable, limited license to view, reproduce, print, and distribute materials retrieved from this Site provided (i) such materials are used only for informational, non-commercial purposes, and (ii) you do not remove or obscure the copyright notice or other notices. Any rights not expressly granted herein are reserved.

5. Charges

5.1. The applicable Charges are billed by Spark in advance and must be paid by the due date shown on your invoice. "Charges" means any fees payable for use of the Site and related services as varied from time to time, plus any third party charges that Spark may pass along to you (including but not limited to any charges for services requested by you or by Spark on your behalf from third party suppliers, any third party fee increases, any special or one-off charges, and/or any fees for initiation, connection, or termination of the Site or any aspect thereof). Unless expressly stated otherwise, the Charges are exclusive of GST.

5.2. The Monthly Fee entitles you to access the last four (4) months (which includes the current month) of your call data and the last twelve (12) months of your statement data.

6. Termination

6.1. We specifically reserve the right to refuse to make available on the Site, and/or to remove from the Site, any data input by you that we reasonably determine does not comply with the applicable requirements, specifications and/or standards as set out in this Terms of Use and any user guides and/or which may (i) violate any applicable laws or regulations; (ii) infringe or otherwise violate the rights of any third party; (iii) expose Spark or Globys to legal, regulatory or administrative proceedings or (iv) otherwise expose Spark or Globys to criminal, civil or other legal liability.

6.2. In order to protect the Site, at any time we reasonably determine that the security or integrity of the Site may be at risk, we may temporarily suspend the provision of it. Furthermore, we may terminate the provision of the Site to you if we consider that you may be using or attempting to use it for fraudulent, malicious or illegal purposes, or engaged in other activities that may threaten or cause harm to Spark, Globys, any other customer or user of the Site.

7. No representations or warranties

7.1. The Site is provided "as is". You acknowledge that you have no claim against us, or any third party service provider for loss or damage arising from the provision or failure to provide the site, the services or in connection with this Terms of Use; and (ii) all statutory or implied conditions and warranties are excluded to the extent permitted by law.

7.2. The presentation of the billing information on this Site may be affected by the type and quality of your equipment and/or events beyond our control, for this reason, we are not responsible for consequential presentation distortions in the information displayed.

7.3. The documents, graphics, and images published at the Site could include inaccuracies or errors. In addition, we reserve the right to modify the information contained in the Site without notice. We make no commitment, however, to update the information contained in the Site.

7.4. The Site may contain links to other websites that are completely independent of the Site. We make no representation or warranty as to the accuracy, completeness, authenticity, ownership, or legality of the information or opinions contained in any such linked website, and any link to another website shall not in any manner be construed as an endorsement by us of that website, or of the products or services described therein. We expressly disclaim any liability for such third-party information or opinions under criminal or civil laws relating to defamation, intellectual property infringement, privacy, obscenity, or any other area of law.

7.5. We are not responsible for any reliance you make on any opinions expressed at the Site when making business, financial, personal, or other decisions. Additionally, we do not endorse the opinions of third parties expressed on linked websites.