Support Services Agreement
Cancellation of the help desk subscription. You can cancel your support subscription by contacting a Microsoft support representative or a Microsoft account. If your subscription is automatically approaching the end of the existing period, you must cancel the subscription at least 3 days before the billing date to avoid being charged for the next period. The billing date is the anniversary of your first registration. You can verify your billing and initial enrollment information under Microsoft account. Microsoft reserves the right, in its sole discretion, to cancel your subscription to the Support Services without notice if your payment is not made on time, if you violate this Service Agreement, or if we determine that the subscription was used by another person or for support on someone else`s device. We may also cancel the Support Services or your subscription if we determine that you are not eligible to receive the Support Services. IT software support services in the amount of $50,000 or more must be obtained through the Consulting and Support Services Agreement (CSSA) or the Request for Proposal (RFP) process set out in SAR 39:1481 et seq. You must read and print this Service Agreement for your records. Microsoft Customer Service connects you with support agents for assistance with a number of Microsoft support tasks (“Support Services”). Support Services may be included or purchased as part of your validly licensed Microsoft product (for example. B, as a single pay-per-incident service (“PPI Service”) or as a subscription program), but exclude all professional services (i.e., support or consulting) offered or provided to enterprise customers (e.B.
subject to a Microsoft Business and Services Agreement or other Microsoft Enterprise product or service agreements). BNY Mellon and the Trust have entered into a Compliance Support Service Agreement dated December 18, 2006, as amended (the “Agreement”), relating to the provision by BNY Mellon of certain Compliance Assistance Services to the Trust. This Service Agreement (“Service Agreement”) applies to the Support Services (defined below) and is entered into by and between Customer using the Support Services (“you” or “your”) and Microsoft (“we”, “us” or “our”) (you and we are each a “Party” and collectively the “Parties”). This Service Agreement does not apply to professional services (i.e., support or consulting) offered or provided to Enterprise Customers (by .B. subject to a Microsoft Business and Services Agreement or any other Microsoft Agreement for Enterprise Products or Services). PPI service. Support services may be available as a single pay-per-incident service (“PUP Service”) for a single support service on a single device for a fixed fee. Cooperation and support. Microsoft`s ability to provide the Support Services depends on your full and timely cooperation and the accuracy and completeness of the information you provide. You must have an eligible device and valid licensed Microsoft software that meet the applicable minimum support requirements described in the Microsoft Lifecyle Policy before Microsoft can provide support services. Microsoft reserves the right to terminate Support Services and/or provide a refund due to problems with your device, system requirements or configuration, or for any other reason beyond our control that makes it impossible or impractical to provide support Services.
By purchasing or using the Support Services, you agree to this Service Agreement. Your use of the Support Services, when provided on or in connection with a Microsoft website, is also subject to that Site`s terms and conditions (e.g., terms of use, privacy statement, etc., collectively, “TOU”) and any other policies on this Site. The Service Agreement and, if applicable, the Terms of Service constitute the entire agreement between you and Microsoft with respect to the Support Services. These Terms of Use apply in the event of a conflict. Repayment. You can cancel your support subscription within 30 days of the first subscription purchase and request a refund if we are unable to resolve your support issue. If you or Microsoft cancel your subscription to support services after the original 30-day period expires, we will not refund you the amount you paid. If you paid for a PUP service (not a subscription), you can request a refund within 30 days of purchase if we are unable to resolve your support issue. Consent for remote or data-connected services.
The software used with the Support Services may be provided via a data connection (for example. B Internet or a mobile service provider). In some cases, you won`t receive a separate notification when they sign in. By using the Support Services, you consent to the transmission of information about the Support Services. Remote access. To provide support services, Microsoft may need to remotely connect to your device so that we can access and control your device, display your device screen, install software, and change your device settings. You may be prompted to download or accept Microsoft or third-party software license terms to connect remotely. You are responsible for any download fees that may be incurred and for the payment of any fees charged by your data connection provider(s) (e.g. B, via Internet, Wi-Fi or mobile operator). These fees are in addition to the fees you pay us for the Support Services and we will not refund them to you. YOU ARE RESPONSIBLE FOR YOUR USE OF THE SUPPORT SERVICES AND ARE RESPONSIBLE FOR ANY RESULTING DAMAGES TO THE FULLEST EXTENT PERMITTED BY LAW. NO WARRANTY.
TO THE FULLEST EXTENT PERMITTED BY LAW, THE SUPPORT SERVICES ARE PROVIDED “AS IS” AND MICROSOFT DISCLAIMS AND DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, REPRESENTATIONS, WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, SATISFACTORY CONDITION OR QUALITY, MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO: SUPPORT SERVICES. SOFTWARE, DIAGNOSTICS OR OTHER DOCUMENTS OR INFORMATION WE PROVIDE. YOU ASSUME ALL RISKS RELATED TO THE QUALITY AND PERFORMANCE OF THE SUPPORT SERVICES. ALL LIMITATIONS OF REMEDIES AND EXCLUSIONS OF LIABILITY, CONDITIONS AND EXCLUSIONS OF LIABILITY CONSTITUTE AN ESSENTIAL BASIS OF THE PARTIES` AGREEMENT. Litigation valued at $75,000 or less. We will promptly reimburse you for your filing fees and pay the AAA`s and arbitrator`s fees and expenses. If you reject our last written settlement offer made prior to the appointment of the arbitrator, your dispute will continue until an arbitrator`s decision (the “Award”) and the arbitrator awards you more than the latter written offer, we: (i) will pay the greater of the award or $1,000; (ii) pay their reasonable attorneys` fees, if any; and (iii) reimburse all costs (including expert fees and expenses) reasonably incurred by your attorney in investigating, preparing and pursuing your arbitration claim. Binding arbitration and class action waiver if you live in the United States (or, if it is a corporation, your principal place of business is in the United States. We hope we never have a fight, but if we do, you and we agree to try to resolve it informally for 60 days. If this is not possible, you and we agree to bring a binding individual arbitration before the American Arbitration Association (“AAA”) under the Federal Arbitration Act (“FAA”) and not in court before a judge or jury. Instead, a neutral arbitrator decides and the arbitrator`s decision is final, except for a limited right of review under the FAA. Class actions, class arbitrations, private actions of the Attorney General, and any other proceeding in which a person acts in a representative capacity are not permitted.
Nor is it possible to combine individual procedures without the consent of all parties involved. LIMITATION OF REMEDIES. If, despite the exclusions and limitations of this Service Agreement, implied warranties are provided by law, your remedies, as determined by us, in the case of the Support Services, are limited to: Covered Disputes – Anything But IP. The term “dispute” is as broad as possible. This includes any claim or controversy between you and us with respect to this Service Agreement, the Support Services, your subscription or account, their price, advertising, marketing, communications, purchase transaction, billing or data under any legal theory, including contract, warranty, tort, the law or regulation, except for disputes relating to your application or validity, Your licensors, ours or the intellectual property rights of our licensors. .