Terms and Conditions
TERMS AND CONDITIONS OF PERSONAL/PROFESSIONAL INCIDENT SUPPORT
IMPORTANT - READ CAREFULLY: This Agreement is a legal agreement between you (either an individual or a single entity) and Microsoft Hong Kong Limited (“Microsoft”) for the number of support services (“Services”) incidents indicated on the Personal/Professional incident support order form for software productslicensed by Microsoft Corporation (“Software”). This Personal and Professionalincident support service may also include updates and supplements to Softwarereleased by Microsoft Corporation. Any software provided along with the Personaland Professional incident support is licensed to you under the terms of aseparate end-user license agreement by Microsoft Corporation. By using the Personal/Professionalincident support, you agree to be bound by the terms of this Agreement. If youdo not agree to the terms of this Agreement, do not use the Services; you may,however, contact Microsoft support hotline for a full refund within 14 daysfrom the date of purchase with the full receipt. If you do not seek a refundwithin 14 days after your purchase of this service, you will be deemed to haveaccepted the terms of this Agreement.
NOTE: THE SERVICES UNDER THE PERSONAL AND PROFESSIONAL INCIDENT SUPPORT ARE ONLYVALID FOR USE IN HONG KONG SAR AND MACAU SAR AND MUST BE USED ON OR BEFORE THEEXPIRY DATE. IF YOU DO NOT USE THE SERVICES BEFORE THE EXPIRY DATE, IT WILLEXPIRE AND YOU WILL NOT BE ENTITLED TO USE THE SERVICES AFTER SUCH DATE. INSUCH AN EVENT, YOU EXPRESSLY AGREE THAT MICROSOFT WILL NOT BE LIABLE FOR ANYREFUND OR ANY OTHER DAMAGES WHATSOEVER.
- Definitions : “Incident” means a single use or functionality problem and the commercial reasonable effort needed to resolve it regardless of the number of contacts with you concerning the problem. A “Single” use or functionality problem is a problem that cannot be broken down into subordinate problems. If a problem consists of subordinate problems, each shall be considered a separate incident. Microsoft shall reasonably determine what a single incident is and when it has ended. “Online Support”, “Professional Support” and “Personal Support” shall have the meaning as described in the relevant Services Description. “Services Description” means detail description of Services provided for Professional Support or Personal Support issued by Microsoft from time to time.
- Microsoft will provide the Services specified in this Agreement and the relevant Service Description (which may be amended by Microsoft from time to time). An appropriate number of Incidents will be deducted from the total number of Incidents covered by the Personal/Professional incident support for the services provided. The Services involve telephone and limited web support. You (on behalf of yourself and all employees and representatives (if any)) agree to use the Services on the terms and conditions set out in this Agreement.
- This Agreement applies only to those Services Microsoft has expressly agreed to provide. Provision of any product or services not so specified will be the subject of separate agreement. References to this Agreement include a reference to the relevant Service Description and any annexes or appendices all of which constitute the entire agreement in relation to the Services.
- The Services are for the sole benefit of you as the named user (if you acquired this Personal/Professional incident support in your personal capacity) or the named contact (if you acquired this Personal/Professional incident support as a corporate customer) provided that for Personal/Professional incident support of 5 incidents, corporate customers may register up to two (2) named contacts for receiving the Services. Microsoft reserves the right to immediately terminate any Services and this Agreement on reasonable suspicion that you have allowed someone else to use the Services in your name.
- You will take adequate precaution to ensure that no one will abuse the Services by wrongfully using your contract number to receive the Services. You are responsible for all use (including misuse) of any number provided to you as a prerequisite for the provision of the Services until such time as you advise Microsoft in writing that the relevant contract number or password has been lost or stolen, at which time a replacement number will be issued by Microsoft.
- Only Software which is validly licensed by Microsoft Corporation, purchased within Hong Kong SAR and Macau SAR from a Microsoft Authorised reseller or Retailer, properly registered and unaltered is eligible for the Services. Only those Software described in the relevant Services Description from time to time will be supported. Where language versions other than English and Traditional Chinese are validly licensed, Microsoft will use commercially reasonable efforts to provide support for such language versions.
- Services will beprovided to assist you in resolving problems you encounter with the use orfunctionality of the Software and may include advice, recommendations andinformation concerning your use of the Software with various hardware andsoftware configurations. Microsoft warrants that it will use all commerciallyreasonable care and skill in trying to resolve problems but is unable to, anddoes not warrant that every problem will be resolved. To the extent permittedby law, this limited warranty is in lieu of all other warranties andconditions, express, or implied, including all implied warranties ofmerchantability and fitness for a particular purpose and of all otherobligations, conditions, or liabilities on the part of Microsoft.
- Services will not be provided where the Software is be used with less than the minimum system configuration recommended by Microsoft. Only current versions of the Software at the time the request for Services is made, and the next to current version of the Software, will be supported. “Current” means that the relevant version of the Software is available for purchase by the public at the time of the date of the request for service. Microsoft may, at its sole discretion agree to provide services to support non-current software, in which case the appropriate number of Incidents to deal with such request for services will be deducted. The following are excluded from the Services: (a) failure, difficulty or inability in operation (“failure”) caused by equipment, product or services not supplied by Microsoft; (b) failure resulting from modification of a Software; (c) misuse of a Software or operator error; and (d) unlicensed software.
- You must provide Microsoft with up to date, accurate and complete configuration and topology information concerning your computer system(s) and network(s) if asked to do so. Microsoft reserves the right to refuse to provide Services to you at any time if in its sole discretion Microsoft determines that your computer and network configuration(s) and topology(ies) are not supportable by Microsoft, you fail to provide the requested information or you have provided insufficient information for Microsoft to progress the issue. If Microsoft makes such a determination it may terminate this Agreement forthwith and you will be refunded an amount representing any unused Incidents on a pro-rata basis, except where you fail to provide or provide insufficient information on request from Microsoft and Microsoft has already spent more than 30 minutes working on the relevant problem.
- IfMicrosoft determines that the problem experienced by you is caused by hardwareor software not provided by Microsoft the support will be regarded as a singleIncident request, but support provided for that Incident will end upon suchdetermination.
- Microsoftmay amend the terms of this Agreement and/or the relevant Service Descriptionon giving 30 days* written notice. If Microsoft provides such notice and you donot accept the changes, then you may terminate this Agreement by notice inwriting to Microsoft pursuant to Clause 13 below.
- Each fully paid Personal/Professional incident support shall be valid for a period of twelve (12) months from the date you register and use the Services unless terminated earlier in accordance with the conditions of this Agreement. ANY INCIDENTS OF PERSONAL/PROFESSIONAL INCIDENT SUPPORT WHICH HAVE NOT BEEN USED WITHIN THE SAID TWELVE (12) MONTHS WILL AUTOMATICALLY EXPIRE AT THE END OF THE SAID PERIOD. THE SERVICES UNDER PERSONAL/PROFESSIONAL INCIDENT SUPPORT ARE ONLY VALID FOR USE IN HONG KONG SAR AND MACAU SAR AND MUST BE USED ON OR BEFORE THE EXPIRY DATE. IF YOU DO NOT USE THE SERVICES BEFORE THE EXPIRY DATE, THE PERSONAL/PROFESSIONAL INCIDENT SUPPORT WILL EXPIRE AND YOU WILL NOT BE ENTITLED TO USE THE SERVICES AFTER SUCH DATE. IN SUCH AN EVENT, YOU EXPRESSLY AGREE THAT MICROSOFT WILL NOT BE LIABLE FOR ANY REFUND OR ANY OTHER DAMAGES WHATSOEVER.
- Either party may terminate this Agreement immediately by notice in writing if the other party has breached any term of this Agreement and has failed to remedy that breach within 14 days of being requested to do so or, alternatively, if the other party is no longer able to meet its debts as and when they fall due. Microsoft may terminate this Agreement by giving you 30 days* written notice. You may terminate this Agreement by giving Microsoft 90 days* written notice. Where this Agreement is terminated without fault on your side, you will be refunded an amount representing the number of unused Incidents on a pro-rata basis. At its discretion Microsoft may suspend provision of the Services if at any time your conduct is such that, in its reasonable view, Microsoft’s ability to provide the Services is detrimentally affected by that conduct.
- You acknowledge that you have relied on your own skill and judgment in deciding to acquire the Services. You assume ALL RISKS for the use you may make of the information, software and other materials and media made available to you under the Personal/Professional Incident Support or through access to the Services.
- You are not entitled to rely on, and Microsoft makes no warranties in respect of, the Services being uninterrupted or error-free. Microsoft does not warrant, and you must not rely on Microsoft providing, error-free or continuous availability communications links as the provision of Services via telephone or data links is dependent on the continued availability of communications facilities provided by third parties. You agree to take adequate precautions against damage to your operation that could be caused by such interruption or errors, including making appropriate data backups, and that Microsoft will not be held responsible for any loss of your data. You must ensure that means to access the Services are available and you must also ensure proper and lawful use of the same.
- If the relevant Services Description specifies response times then all reasonable efforts will be made by Microsoft to resolve service requests in accordance with those response times, provided always that such requests can ultimately be resolved by Microsoft. If no specific response times are indicated, the Services will be provided within a reasonable time.
- Microsoft’s sole obligation and your exclusive remedy in the event of breach of any terms of this Agreement or any the warranties by Microsoft shall be to use commercially reasonable efforts to correct the breach if the same results in the material impairment of the operation of the Services as warranted. If Microsoft cannot correct the breach within fourteen (14) days, Microsoft or you may terminate this Agreement immediately whereupon Microsoft shall have no obligation or liability to you except to refund an amount representing the unused Incidents, if any, on a pro-rata basis.
- Subject to, and to the extent permitted by applicable law, neither Microsoft, its Contractor (as defined below) nor anyone else who has been involved in the creation, production, or delivery of the Services shall be liable for any direct, indirect, consequential or incidental damages (including damages for loss of business profits, business interruption, loss of business information, and the like or any other pecuniary loss) arising out of the use or inability to use Microsoft products or provision of, or failure to provide, the Services even if Microsoft, its Contractor or such third party has been advised of the possibility of such damages. In any event, the liability of Microsoft, its Contractor or such third party, whether for negligence, breach of contract, breach of warranty, or otherwise shall, in the aggregate, not exceed the total amount you paid for the Personal/Professional incident support. No action, whether in contract, tort, or otherwise, arising out of the performance of the Services or these Terms and Conditions may be brought by either party more than two (2) years after the cause of action arises.
- If Microsoft’s performance of any obligation under this Agreement is prevented or delayed by causes beyond its reasonable control including, but not limited to, Acts of God, fire, explosion, vandalism, storm, strikes, labour disputes, wars, national emergencies, lockout, work stoppages or other labour difficulties, supplier failures, breaches or delays, failures and down times of utilities and/or telecommunications equipment or computer down times then Microsoft shall be excused from such performance for the duration of the period during which such cause continues to bring about such prevention or delay.
- You may not assign this Agreement, or the right to receive the Services to any person or company without Microsoft’s prior written permission.
- Notwithstanding any other provision of this Agreement, Microsoft may engage, hire, license or sub-contract such persons as it considers necessary to provide the Services (“Contractor”). Where a Contractor is engaged by Microsoft to perform the Services or any part thereof then the references to Microsoft in this Agreement shall be deemed to include Microsoft’s Contractors.
- Under the Personal Data (Privacy) Ordinance, Microsoft treats the personal information provided by you during registration as confidential. The information may be disclosed or transferred on a confidential basis to our parent company, Microsoft Corporation, in the United States and/or other associated companies, partners and agents. Your personal data will only be used for the purpose for which it was originally collected and for general marketing purposes of products or services of Microsoft, Microsoft Corporation and affiliated companies and/or our selected partners. For details, please visit our web site at www.microsoft.com/hk/privacy.
- This Agreement shall be construed in accordance with the laws of in Hong Kong SAR of the People’s Republic of China.