Effective: October 20th, 2016
IF YOU LIVE IN THE UNITED STATES, PLEASE READ THE BINDING ARBITRATION AND CLASS ACTION WAIVER SECTION AT THE END OF THIS SERVICE AGREEMENT. IT AFFECTS HOW DISPUTES ARE RESOLVED.
You should read and print this service agreement for your records.
This service agreement (“Service Agreement”) offers Support Services (defined below) to consumers only and is entered into by and between the person using the Support Services (“you” or “your”) and Microsoft (“we,” “us” or “our”) (you and us, each, a “Party” and, collectively, the “Parties”).
Microsoft reserves the right at any time in its sole discretion to change the Support Services and their price, subject to reasonable prior notice, and to change this Service Agreement, subject to 30 days’ email notice. Your use of the Support Services or Service Agreement after the effective date of a change constitutes your acceptance of the changed Support Services and Service Agreement.
ALL LIMITATIONS OF REMEDIES AND DISCLAIMERS OF WARRANTIES, CONDITIONS AND LIABILITY CONTAINED HEREIN FORM AN ESSENTIAL BASIS OF THE PARTIES’ AGREEMENT.
YOU REPRESENT THAT YOU ARE PURCHASING THE SUPPORT SERVICES AS AN INDIVIDUAL CONSUMER AND NOT A BUSINESS OR OTHER ENTITY AND YOU HAVE REACHED THE AGE OF MAJORITY IN YOUR JURISDICTION OF RESIDENCE. YOU REPRESENT THAT YOU HAVE READ AND UNDERSTAND ALL OF THE PROVISIONS OF THIS SERVICE AGREEMENT. THE SUPPORT SERVICES ARE GOVERNED BY THIS SERVICE AGREEMENT AND ANY APPLICABLE TOU ONLY, AND NOT BY ANY OTHER SERVICE AGREEMENT WITH MICROSOFT (IF ANY).
Microsoft Answer Desk (“Answer Desk”) connects consumers with support agents (“Answer Techs”) for help with a suite of software and hardware support related tasks via phone or online chat (“Support Services”). Support Services may be a one-time pay-per-incident service (“PPI Service”) or a subscription program.
- Consent for Internet-Based Services. The software offered for use with the Support Services connects to Microsoft and/or other service providers over the Internet. In some cases, you will not receive a separate notice when they connect. By using the Support Services, you consent to the transmission of information via the Support Services.
- Misuse of Internet-Based Services. You may not use the Support Services in any way that could harm Microsoft, its affiliates or any other service provider or any computer network or system or impair anyone else’s use thereof. You may not use the Support Services to try to gain unauthorized access to any service, data, account or network by any means.
- Cooperation and Compatibility. Microsoft’s ability to deliver the Support Services depends upon your full and timely cooperation as well as the accuracy and completeness of any information you provide. Also, you must have an eligible device and validly licensed Microsoft software that meet the minimum requirements communicated to you by Microsoft, if any, prior to your use of the Support Services. Microsoft reserves the right to cancel the Support Services and/or provide a refund due to problems with your device, your system requirements, or configuration, or for any other reasons that are beyond our control that make providing the Support Services impossible or impractical.
- Subscription. The Support Services may be available through a subscription program in your region. If you enroll in a subscription program for the Support Services, the subscription is valid only under your personal Microsoft account that is associated with the subscription for the Microsoft software on your personal devices or with your personal Microsoft hardware device. To enroll in and use your Support Services subscription, you will be asked to validate your Microsoft account ID (MSA). You may not share or sell your subscription. You are responsible for any activities that occur under your subscription.
- PPI Service. PPI Service is a one-time software or hardware support related service on an individual device for a fixed fee.
- Data Backup. Since data can be inadvertently lost, corrupted or breached, you understand and agree that you are wholly responsible for the backup of any and all data, software, information or other files stored on your device, including all disks and drives, or other associated devices (collectively, “Your Data”) before using the Support Services. You understand and agree that Microsoft may need to transfer Your Data, including any confidential, proprietary and personal information stored on your device, to third party service providers in order to perform the Support Services. Any such transfer will be done in accordance with our Privacy Statement. To the maximum extent permitted by applicable law, Microsoft is not responsible or liable for any disclosure, loss or corruption of Your Data.
- Remote Access. Most Support Services require Microsoft to connect remotely to your device which allows us to access and control your device, view your device screen, install software and change settings on your device. When establishing the remote access connection, we may ask you to download or accept first or third-party software licensing terms to establish the connection. You are responsible for any download charges that may apply and for paying the fees charged by your Internet access or Wi-Fi providers, or wireless carrier. Those fees are in addition to any fees you pay us for the Support Services and we will not reimburse you for such fees.
You must agree to these steps in order for us to provide such Support Services to you. If we are not able to successfully establish a remote access connection to your device, we may not be able to provide Support Services. We may also run diagnostic tools on your device to determine whether your device meets the minimum system requirements for us to perform certain Support Services, such as upgrades. You must agree to this step in order for us to provide those Support Services.
- Software Installations/End User License Agreements/Authority. If your Support Service includes software installations, regardless of whether the software is provided by Microsoft or a third party software provider, you must have your software and your related software product keys available as a condition of the installation. By providing Microsoft with information, software or applications to install or transfer on your behalf, you represent that you have the legal authority to authorize Microsoft to take such action. You understand and acknowledge that Microsoft may need to accept End-User License Agreements (“EULAs”) on your behalf for software installations related to the Support Services. You agree to comply with any such EULAs. If you request installation of software from a third party software provider in connection with the Support Services, we will give you the opportunity to review the corresponding EULA; you assume sole responsibility if you decide not to review it. You understand and agree that Microsoft does not control the terms of any third party EULAs and will not review such EULAs prior to accepting them on your behalf.
- Support Services Subscription Cancellation. You may cancel your Support Services subscription by contacting the Answer Desk or by going to https://account.microsoft.com. If your subscription is being automatically renewed, you must cancel the subscription at least 3 days prior to the renewal date to ensure that you will not be charged for the next renewal period. The renewal date is the anniversary of your initial enrollment date which may not be the same as your billing date. You may review your billing date and your renewal date for the Support Services on https://account.microsoft.com.
Microsoft reserves the right, in its sole discretion, to terminate your subscription for Support Services without notice if your payment is not made on time, you violate this Service Agreement, or we determine that the subscription is being used by someone other than you or for software support or hardware support on devices other than your personal devices. We may also terminate the Support Services or your subscription if we determine that you are not an individual consumer and therefore not eligible to receive the Support Services.
Payment, Billing, Renewal, Refund
- Payment and Account Information. If you choose to purchase a PPI Service or a Support Service subscription through Answer Desk, you must provide the payment method and information (i.e., credit card or debit or check card number) required to purchase the Support Services. We are not responsible for your card or bank charging you as a result of our processing of your credit/debit card payment in accordance with your purchase. If you choose to purchase a Support Services subscription, you may have it billed to your credit/debit card on a monthly basis (if available in your region) or an annual basis until the subscription is cancelled.
You can manage your account online at https://account.microsoft.com. You agree to permit Microsoft to use any updated account information regarding your payment method provided by your issuing bank or the applicable payment network. You agree to keep your billing account and contact information current at all times. Changes made to your billing account won't affect charges we submit to your billing account before we could reasonably act on changes to your billing account.
- Billing Information. By providing Microsoft with the payment information, you (i) represent that you are authorized to use the payment method that you provided, (ii) represent that any payment information you provide is true and accurate, and (iii) authorize Microsoft to charge you for the Support Services using your payment method. We may bill you (a) in advance; (b) at the time of purchase; (c) shortly after purchase; or (d) on a recurring basis for your Support Services subscription. We may bill you at the same time for more than one of your prior billing periods for amounts that haven't previously been processed.
- Automatic Renewal. When automatic renewal is available in your region, it will be an included feature of the Support Services subscription. If you currently have a Support Services subscription, your subscription will be upgraded to include automatic renewal at the time that feature is made available in your region. You may choose to ‘turn off’ the automatic renewal feature at any time by going to https://account.microsoft.com.
If your Support Services subscription includes annual automatic renewal, we will inform you by email each year before automatically renewing your subscription. Once we have informed you that the subscription will be automatically renewed, we may automatically renew your subscription and charge you the then current price for the renewal term. We will also remind you that we will bill your chosen payment method for the subscription renewal, whether it was on file on the renewal date or provided later.
- Payment History and Errors. We will provide your payment history online on the Payment and Billing website (https://account.microsoft.com). It is your responsibility to review your payment history and notify us of any errors or unauthorized charges. If an erroneous or unauthorized charge appears on your bill, you must contact us within 120 days after it first appears on your bill. We will then promptly investigate the charge. If you do not tell us within that time, you release us from all liability and claims of loss resulting from the erroneous or unauthorized charge and we won't be required to correct the error or provide a refund. If Microsoft has identified a billing error, we will correct that error within 90 days.
- Refund. You may cancel your Support Services subscription within 30 days of your initial subscription purchase and request a refund if we are unable to resolve your support issue. If you or Microsoft cancel your Support Services subscription after the 30 day period, you will not receive a refund of the amount paid on your subscription. If you have paid for a PPI Service (not a subscription), you may request a refund within 30 days of your purchase if we are unable to resolve your support issue.
Links to Third Party Sites
If you are presented with a link to a third party website in the course of receiving the Support Services (regardless of whether such link is provided by an Answer Tech or is embedded on the website on which you are receiving the Support Services or otherwise), you acknowledge and understand that these links are provided for your ease of reference and convenience only; that the linked sites are not under Microsoft’s control and Microsoft is not responsible for the contents of any linked site or any link containing a linked site or any changes or updates to such sites, and provision of the linked sites does not constitute endorsement of any kind for the material contained in such linked site or any association with their operators. Further, Microsoft is not responsible for webcasting or any other form of transmission received from any linked site.
You consent to Microsoft providing you notifications about the Support Services or information the law requires us to provide via email to the address that you specified when you signed up for the Support Services. Notices emailed to you will be deemed given and received when the email is sent. If you do not consent to receive notices electronically, you must stop using the Support Services.
No Warranty, Limitation of Remedies
- NO WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY YOUR LAW, THE SUPPORT SERVICES ARE PROVIDED “AS IS” AND MICROSOFT DISCLAIMS AND EXCLUDES ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER 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 ANY SUPPORT SERVICES, SOFTWARE, DIAGNOSTICS, OR OTHER MATERIALS OR INFORMATION WE PROVIDE. YOU BEAR THE ENTIRE RISK OF THE SUPPORT SERVICES’ QUALITY AND PERFORMANCE.
- LIMITATION OF REMEDIES. If your law gives you any implied warranties despite the exclusions and limitations in this Service Agreement, your remedies are limited as determined by us, in the case of Support Services, to either:
• re-supply of the Support Services, or
• a refund of the price you paid (if any) for the Support Services.
This is your only remedy for a breach of warranty or condition, even if the remedy fails of its essential purpose.
Unless your law mandates otherwise, we will determine the order in which these limited remedies are provided. You may have additional consumer rights under applicable law which this Service Agreement cannot change.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY YOUR LAW:
- IF YOU HAVE ANY BASIS FOR RECOVERING DAMAGES, YOU CAN RECOVER FROM MICROSOFT AND ITS VENDORS ONLY DIRECT DAMAGES UP TO THE AMOUNT YOU PAID FOR THE SUPPORT SERVICES (OR UP TO $5.00 USD IF THE SUPPORT SERVICES WERE FREE); AND
- NEITHER PARTY WILL BE LIABLE TO THE OTHER FOR ANY CONSEQUENTIAL, SPECIAL, DIRECT, INDIRECT OR INCIDENTAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF YOUR DATA OR LOSS OF BUSINESS, FOR ANY MATTER RELATED TO THIS SERVICE AGREEMENT, ANY SUPPORT SERVICES OR ANY OTHER MATERIALS OR INFORMATION THAT MICROSOFT PROVIDES, EVEN IF MICROSOFT WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR THEY WERE FORESEEABLE.
THIS LIMITATION OF LIABILITY DOES NOT APPLY TO EI THER PARTY’S LIABILITY TO THE OTHER FOR VIOLATION OF ITS CONFIDENTIALITY OBLIGATION OR THE OTHER PARTY’S INTELLECTUAL PROPERTY RIGHTS OR IN THE EVENT OF FRAUD, GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT BY A PARTY OR FOR DEATH OR PERSONAL INJURY CAUSED BY THAT PARTY’S NEGLIGENCE. SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Contracting Party, Governing Law, and Location for Resolving Disputes
- If you live in the United States, you are contracting with Microsoft Corporation, One Microsoft Way, Redmond, WA 98052, USA. The laws of the state where you live govern the interpretation of this Service Agreement, claims for breach of it, and all other claims (including consumer protection, unfair competition, and tort claims), regardless of conflict of laws principles except that the Federal Arbitration Act governs all provisions relating to arbitration. You and we irrevocably consent to the exclusive jurisdiction and venue of the state or federal courts in King County, Washington, for all disputes arising out of or relating to this Service Agreement or the Support Services that are heard in court (excluding arbitration and small claims court).
- If you live in Canada, you are contracting with Microsoft Corporation, One Microsoft Way, Redmond, WA 98052, USA. The laws of the province where you live govern the interpretation of this Service Agreement, claims for breach of it, and all other claims (including consumer protection, unfair competition, and tort claims), regardless of conflict of laws principles. You and we irrevocably consent to the exclusive jurisdiction and venue of the courts in Ontario for all disputes arising out of or relating to this Service Agreement or the Support Services.
- If you live in North or South America outside the United States or Canada, you are contracting with Microsoft Corporation, One Microsoft Way, Redmond, WA 98052, USA. Washington state law governs the interpretation of this Service Agreement and claims for breach of it, regardless of conflict of laws principles. The laws of the country where you live govern all other claims, including consumer protection, unfair competition, and tort claims.
- If you live in Europe, the Middle East, or Africa you are contracting with Microsoft Ireland Operations Limited, The Atrium Building , Block B, Carmanhall Road, Sandyford Industrial Estate, Dublin 18, Ireland (registered at the Companies Registration Office in Ireland under number 256796, VAT registration number: IE 8256796 U, with a registered address of 70 Sir John Rogerson’s Quay, Dublin 2 , Ireland) and the laws of Ireland govern the interpretation of this Service Agreement and claims for breach of it, regardless of conflict of laws principles. The laws of the country where you live govern all other claims, including consumer protection, unfair competition, and tort claims. You and we irrevocably agree to the exclusive jurisdiction and venue of the Ireland courts for all disputes arising out of or relating to this Service Agreement or the Support Services.
- If you live in Asia or the South Pacific (other than the countries called out below), you are contracting with Microsoft Regional Sales Corp. located at 438B Alexandra Road, #04-09/12, Block B, Alexandra Technopark, Singapore, 119968. Washington state law governs this Service Agreement, regardless of conflict of laws principles. Any dispute arising out of or relating to this Service Agreement, the Support Services or the hardware or software will be referred to and finally resolved by arbitration in Singapore according to the Arbitration Rules of the Singapore International Arbitration Center (“SIAC”). These rules are incorporated by reference into this clause. The tribunal will consist of one arbitrator appointed by the Chairman of SIAC. The language of arbitration will be English. The decision of the arbitrator will be final, binding, and incontestable. The decision may be used as a basis for judgment in any country or region.
- If you live in People’s Republic of China, you are contracting with Microsoft (China) Company Limited, No. 5 Danling Street, Haidian District, Beijing 100080. The laws of the People’s Republic of China govern this Service Agreement regardless of conflict of law principles. You may submit any dispute arising out of or in relation to this Service Agreement for arbitration to the China International Economic and Trade Arbitration Commission (the “CIETAC”) in accordance with the rules of arbitration of CIETAC in Beijing.
- If you live in Japan, you are contracting with Microsoft Japan Co., Ltd, Shinagawa Grand Central Tower, 2-16-3 Konan Minato-ku, Tokyo 108-0075. The laws of Japan govern this Service Agreement and any matters arising out of or relating to it or the Support Services. You and we irrevocably agree to the exclusive original jurisdiction and venue of the Tokyo District Court for all disputes arising out of or relating to this Service Agreement or the Support Services.
- If you live in the Republic of Korea, you are contracting with Microsoft Korea, Inc., 12th FL. Tower A, The K-Twin Towers, 50, Jongno 1 gil, Jongno-Gu, Seoul 110-150, Korea. The laws of the Republic of Korea govern this Service Agreement. You and we irrevocably agree to exclusive original jurisdiction and venue of the Seoul District Court for all disputes arising out of or relating to this Service Agreement or the Support Services.
- If you live in Taiwan, you are contracting with Microsoft Taiwan Corp., 8F, No 7 Sungren Road, Shinyi Chiu, Taipei, Taiwan 110. The laws of Taiwan govern the interpretation of this Service Agreement. You and we irrevocably designate the Taipei District Court as the court of first instance having jurisdiction over any disputes arising out of or in connection with this Service Agreement or the Support Services.
Binding Arbitration and Class Action Waiver
Binding Arbitration and Class Action Waiver If You Live In the United States. We hope we never have a dispute, but if we do, you and we agree to try for 60 days to resolve it informally. If we can’t, you and we agree to binding individual arbitration before the American Arbitration Association (“AAA”) under the Federal Arbitration Act (“FAA”), and not to sue in court in front of a judge or jury. Instead, a neutral arbitrator will decide and the arbitrator’s decision will be final except for a limited right of appeal under the FAA. Class action lawsuits, class-wide arbitrations, private attorney-general actions, and any other proceeding where someone acts in a representative capacity aren’t allowed. Nor is combining individual proceedings without the consent of all parties.
- Disputes Covered—Everything Except IP. The term “dispute” is as broad as it can be. It includes any claim or controversy between you and us concerning this Service Agreement, the Support Services, your Support Services subscription or account, their price, or your Data, under any legal theory including contract, warranty, tort, statute, or regulation, except disputes relating to the enforcement or validity of your, your licensors’, our, or our licensors’ intellectual property rights.
- Mail a Notice of Dispute First. If you have a dispute and our customer service representatives can’t resolve it, send a Notice of Dispute by U.S. Mail to Microsoft Corporation, ATTN: CELA ARBITRATION, One Microsoft Way, Redmond, WA 98052-6399. Tell us your name, address, how to contact you, what the problem is, and what you want. A form is available at http://go.microsoft.com/fwlink/?LinkId=245499. We’ll do the same if we have a dispute with you. After 60 days, you or we may start an arbitration if the dispute is unresolved.
- Small Claims Court Option. Instead of mailing a Notice of Dispute, you may sue us in small claims court in your county of residence or King County, Washington, if you meet the court’s requirements. We hope you’ll mail a Notice of Dispute and give us 60 days to try to work it out, but you don’t have to before going to small claims court.
- Arbitration Procedure. The AAA will conduct any arbitration under its Commercial Arbitration Rules (or if you are an individual and use the Support Services for personal or household use, or if the value of the dispute is $75,000 or less whether or not you are an individual or how you use the Support Services, AAA will conduct arbitration under its Consumer Arbitration Rules). For more information, see www.adr.org or call 1-800-778-7879. To start an arbitration, submit the form available at http://go.microsoft.com/fwlink/?LinkId=245497 to the AAA and mail a copy to us. In a dispute involving $25,000 or less, any hearing will be telephonic unless the arbitrator finds good cause to hold an in-person hearing instead. Any in-person hearing will take place in your county of residence or King County, Washington. You choose. The arbitrator may award the same damages to you individually as a court could. The arbitrator may award declaratory or injunctive relief only to you individually to satisfy your individual claim.
- Arbitration Fees and Payments.
- Disputes Involving $75,000 or Less. We will promptly reimburse your filing fees and pay the AAA’s and arbitrator’s fees and expenses. If you reject our last written settlement offer made before the arbitrator was appointed, your dispute goes all the way to an arbitrator’s decision (called an “award”), and the arbitrator awards you more than this last written offer, we will: (i) pay the greater of the award or $1,000; (ii) pay your reasonable attorney’s fees, if any; and (iii) reimburse any expenses (including expert witness fees and costs) that your attorney reasonably accrues for investigating, preparing, and pursuing your claim in arbitration. The arbitrator will determine the amount of fees, costs, and expenses unless you and we agree on them.
- Disputes Involving More than $75,000. The AAA rules will govern payment of filing fees and the AAA’s and arbitrator’s fees and expenses.
- Disputes Involving Any Amount. If you start an arbitration, we won’t seek our AAA or arbitrator’s fees and expenses, or your filing fees we reimbursed, unless the arbitrator finds the arbitration frivolous or brought for an improper purpose. If we start an arbitration, we will pay all filing, AAA, and arbitrator’s fees and expenses. We won't seek our attorney’s fees or expenses from you in any arbitration. Fees and expenses are not counted in determining how much a dispute involves.
- Conflict with AAA Rules. This Service Agreement governs to the extent it conflicts with the AAA’s Commercial Arbitration Rules or Consumer Arbitration Rules.
- Must File Within One Year. You and we must file in small claims court or arbitration any claim or dispute (except intellectual property disputes—see section a. above) within one year from when it first could be filed. Otherwise, it’s permanently barred.
- Rejecting Future Arbitration Changes. You may reject any change we make to this Binding Arbitration and Class Action Waiver section (except address changes) by sending us notice within 30 days of the change by U.S. Mail to the address in section b. If you do, the most recent version of this section before the change you rejected will apply.
- Severability. If the class action waiver is found to be illegal or unenforceable as to all or some parts of a dispute, then those parts won’t be arbitrated but will proceed in court, with the rest proceeding in arbitration. If any other provision of this Binding and Class Action Waiver section is found to be illegal or unenforceable, that provision will be severed but the rest of this section still applies.