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Premium Technical Support Terms and Conditions for Surface

Your Extended Service Plan for Surface (herein referred to as the “Plan”) is governed by these Terms and Conditions and is a contract between Microsoft and You, as described in Section 9 below.

SECTION 1. Definitions and Scope of Coverage

(a) As used in this Plan, “Microsoft” means Microsoft Ireland Operations Limited, Blackthorn Road, Sandyford Industrial Estate; Dublin 18, Ireland. “You” means the original buyer of this Plan, or a subsequent Product owner who separately agrees to the then-current Plan Terms and Conditions.

(b) Product Covered: The “Product” covered under this Plan means Your Surface product (the Microsoft product that You purchased from Microsoft or an authorized retailer and/or distributor), the software preinstalled on it (the “Product Software”), and any accessories bundled with the Product. This Plan does not cover any other separately sold first or third party Product accessories or any other third party hardware or software. Please refer to the manufacturers’ warranties for the terms and conditions applicable to any of those products.

(c) Other. Microsoft has absolute discretion as to whether any service or support is provided under this Plan. Your rights to service or support under this Plan are limited to the right to require Microsoft to consider properly any request for service or support made pursuant to this Plan. Microsoft’s obligations in respect of the provision of service or support under this Plan will always be subject to the exercise by Microsoft of its discretion to provide such service or support.

(d) Product Service

  1. Definition and Scope of Coverage. During the Coverage Period for “Product Service” and subject to these Terms and Conditions, Your Plan covers failures of malfunctions of Your Product that: (1) occur after the purchase of Your Product; and (2) under “Normal Use Conditions” (ordinary consumer use under normal conditions according to the instruction manual packaged with the Product). Product Service does not include Technical Support, which is defined below.
  2. Coverage Period for Product Service. Under this Plan, the Coverage Period for Your Product begins on the Effective Date and ends on the Expiration Date (the “Coverage Period”). The Effective Date is the date the manufacturer warranty for your Product ends; the Expiration Date for Product Service is one day before the first anniversary of the Effective Date (one (1) year later).

(e) Technical Support

  1. Definition and Scope of Coverage. “Technical Support” may include assistance with Product setup, configuration, help and how-to with Product Software (which includes Windows RT and Windows apps included with Windows RT, such as Mail, Messaging, Calendar, People and Word, Excel, PowerPoint and OneNote) ), product features, troubleshooting system error message, and determining when Product hardware service is required. During the coverage period for Technical Support, Microsoft will provide you with access to assisted support, accessible through www.surface.com/support for the Product. Technical support will be limited to home and consumer use of the Product only.
  2. Coverage Period for Technical Support. Under this Plan, the Coverage Period for Your Technical Support begins on the Effective Date and ends on the Expiration Date (the “Coverage Period”).The Effective Date is the date the manufacturer warranty for your Product ends; the Expiration Date for Technical Support is one day before the first anniversary of the Effective Date (one (1) year later).

(f) Geographic Restrictions on Coverage. Microsoft may restrict Product Service and/or Technical Support under this Plan to the United Kingdom (excluding territories).

SECTION 2. How to Get Product Service and Technical Support.

(a) Before requesting Product Service or Technical Support, please use the troubleshooting tips at www.surface.com/support.

(b) If the troubleshooting tips do not resolve your problem, then follow the online process to request Product Service or Technical Support at www.surface.com/support.

(c) Back up Your Hard Drive and Delete Confidential Information. Before sending Your Product to Microsoft or taking it to an authorized retailer for service, be sure to:

  1. BACK UP YOUR HARD DISK DRIVE AND KEEP A COPY OF ANY DATA (INCLUDING PHOTOGRAPHS, DOCUMENTS, VIDEO, MUSIC, ETC.) OR PROGRAMS YOU WANT TO SAVE. MICROSOFT AND RETAILERS ARE NOT RESPONSIBLE FOR YOUR DATA OR PROGRAMS AND MAY ERASE THEM.
  2. DELETE ANYTHING YOU CONSIDER CONFIDENTIAL. MICROSOFT AND RETAILERS ARE NOT RESPONSIBLE FOR YOUR PRIVACY IF YOU LEAVE CONFIDENTIAL INFORMATION ON YOUR DEVICE.
    For more information, please see: www.surface.com/support.

(d) All service under this Plan is subject to Microsoft’s prior approval.

(e) Be sure to keep a copy of Your proof of purchase for Your Product. Proof of purchase may be required if there is any question as to your Product’s eligibility for Plan coverage.

(f) Do not include any accessories, games or other personal property when You send a Product to Microsoft for service, as Microsoft will not be responsible for this property.

(g) IMPORTANT: DO NOT OPEN THE PRODUCT. OPENING THE PRODUCT MAY CAUSE DAMAGE THAT IS NOT COVERED BY THIS PLAN, AND MAY MAKE YOUR PRODUCT INELIGIBLE FOR SERVICE, EVEN FOR A FEE. ONLY MICROSOFT OR AN AUTHORIZED SERVICE PROVIDER MAY PERFORM SERVICE ON THE PRODUCT.

SECTION 3. Microsoft’s Responsibility

(a) After You return Your Product to Microsoft, we will inspect it.

(b) If Microsoft determines that Your Product malfunctioned as described in Section 1(c)(i), then Microsoft will (at Microsoft’s sole option) repair or replace it. Microsoft will do this without charge to You for the costs of parts and labor resulting from that malfunction. Repair may use new or refurbished parts. Replacement may be with a refurbished unit or a functionally equivalent Product. If Microsoft replaces the Product, the original product becomes Microsoft’s property and the replacement product is Your property, with coverage for that Product for the remaining period of the Plan.

(c) Microsoft or its authorized service provider may provide services under this Plan (at Microsoft’s sole discretion).

(d) If Your Product malfunctions after the Coverage Period expires, there is no coverage of any kind under this Plan. After the Coverage Period expires, You may be charged a fee for our efforts to diagnose and repair any problems with Your Product.

SECTION 4. Your Responsibilities.

To receive service or support under the Plan, you agree to comply with the following:

(a) Provide Microsoft the serial number of Your Product.

(b) Provide information to Microsoft about the symptoms and causes of the problems with the Product.

(c) Respond to requests for information, including but not limited to the Product serial number, model, any accessories connected or installed on the Product, any error messages displayed, actions taken before the Product experienced the issue and steps taken to resolve the issue.

(d) You will update the Product Software to currently published releases prior to seeking service.

(e) Follow instructions Microsoft gives you, including but not limited to refraining from sending Microsoft products and accessories that are not subject to repair or replacement service and packing the Product in accordance with shipping instructions.

(f) Taxes: The amounts to be paid to Microsoft do not include any taxes. You will pay to Microsoft any applicable value added, sales, or like taxes that are owed by you solely as a result of entering into this Plan and which are permitted to be collected from you by Microsoft under applicable law. Microsoft is not liable for any of the taxes that you are required to pay and which are incurred or arise in connection with or related to the goods and services under this Plan.

SECTION 5. Exclusions and Limitations

(a) General Exclusions. Microsoft is not responsible and this Plan does not cover the following:

    If Your Product or Product Software is:
  1. damaged by use with products not sold or licensed by Microsoft;
  2. opened, modified, or tampered with (including, for example, any attempt to defeat or circumvent any Microsoft technical limitation or security mechanism, etc.), or its serial number is altered or removed;
  3. damaged by any external cause, whether by You or someone else using Your Product , including, for example:
    • by being dropped;
    • misuse (including use outdoors), abuse, negligence, or accident;
    • mishandling;
    • damage during shipment, except from Microsoft or an authorized retailer or distributor to You;
    • exposed to liquid;
    • used with inadequate ventilation;
    • scratched, dented, etc. or shows other cosmetic damage;
    • failure to follow installation, operation or maintenance instructions;
  4. repaired by anyone other than Microsoft or its authorized service provider; or
  5. was not purchased from an authorized retailer or distributor (the Product or Product Software was sold to You as used, refurbished, or reconditioned).

Microsoft does not guarantee that Your use of the Product or Product Software will be uninterrupted, timely, secure, or error-free, or that data loss will not occur.

(b) Limitations.

  1. Microsoft is not responsible for, and this Plan does not cover the following:
    • Installation, removal or disposal of the Product or provision of equipment while Your Product is being serviced;
    • Products that have been lost or stolen. This Plan only covers Your Product if it is returned to Microsoft in its entirety;
    • The provision of replacement equipment during the period when the Product is being serviced;
    • Any cosmetic damage (including scratches and cracks) that do not otherwise affect the functionality of the Product;
    • Protective coatings designed to diminish over time unless failure has occurred due to a defect in materials or workmanship;
    • Consumable parts that are designed to diminish over time unless the failure has occurred due to a defect in materials or workmanship in those parts; or
    • Any pre-existing condition if you purchased the Plan after you purchased the Product.
  2. If Microsoft repairs or replaces Your Product, You will still receive coverage under the remaining Coverage Period.
  3. If You exchange Your original Product, You must provide Microsoft with written notice (including the serial number of the original Product and the new Product) to continue coverage under this Plan for the new Product. The Effective Date is not changed by the fact that You obtain such a new Product in exchange.
  4. If You return Your Product to Microsoft and we determine that coverage is excluded under Section 5(a), this Plan will end and You will get a refund of the unearned portion of the full purchase price that You paid for this Plan.
  5. If You attempt to defeat or circumvent any Product technical limitation, security, or anti-piracy system, You may cause the Product to stop working permanently. You will also void this Plan, and make Your Product ineligible for authorized service under this Plan, even for a fee.

(c) Exclusions from Technical Support. The Plan does not include Technical Support in respect to:

  1. Your use of the Product and/or Product Software for commercial and business purposes; including but not limited to Technical Support for Office 365, SQL Server, Domain Network, and Exchange Server;
  2. Issues that could be resolved by upgrading Product Software to the then current version;
  3. Third-party products or their effects on or interactions with the Product or Product Software;
  4. Any Microsoft software designated as “beta”, “prerelease”, “evaluation” or similarly labeled software;
  5. Damage to, or loss of any software or data that was residing or recorded on the Product; the Plan does not cover the recovery or reinstallation of software programs and/or user data;
  6. Development or troubleshooting of a custom application, or assistance in using development code, if any;
  7. Virus removal; or
  8. Tune-Up or preventative service of Your Product.

SECTION 6. LIMITATION OF LIABILITY

(a) EXCLUSION OF CERTAIN DAMAGES. MICROSOFT IS NOT RESPONSIBLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES; ANY LOSS OF DATA, PRIVACY, CONFIDENTIALITY, OR PROFITS; OR ANY INABILITY TO USE YOUR MICROSOFT PRODUCT OR BUNDLED ACCESSORY. THESE EXCLUSIONS APPLY EVEN IF MICROSOFT HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES, AND EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

(b) Exceptions. Some countries do not allow the exclusion or limitation of incidental or consequential damages or remedies mentioned in Section 6(a), so the above limitations or exclusions may not apply to You.

SECTION 7. Cancellation

(a) By You. You may cancel this Plan at any time for any reason. To do that, You must provide Microsoft with written notice at the address in Section 9(c) or notice to one of Microsoft’s telephone representatives at the telephone number found at www.surface.com/support. If you cancel this Plan within 45 days of purchase, paragraph (i) below will apply. If you cancel this Plan after 45 days of purchase, paragraph (ii) below will apply:

  1. Cancellation of this Plan within 45 days
    If You cancel this Plan within 45 days, beginning with the day on which You purchased the Plan, and no service has been performed, You will get a full refund of the purchase price that You paid for this Plan.
  2. Cancellation of this Plan after 45 days
    If You cancel this Plan after 45 days, beginning with the day on which You purchased the Plan, regardless of whether a valid claim has been made under the Plan You will get a pro rata refund of the purchase price that You paid for this Plan, calculated by reference to the remaining period of full unexpired months of cover provided by the Plan.

(b) By Microsoft. Microsoft may cancel this Plan for fraud, nonpayment, or material misrepresentation. Microsoft may also cancel it if a regulatory authority requires Microsoft to do so. To cancel this Plan, Microsoft must mail a written notice to You at Your last known address at least 30 days before cancellation. Microsoft’s notice must state the effective cancellation date and the reason for cancellation. If Microsoft cancels this Plan, You will get a pro rata refund of the unearned portion of the purchase price that You paid for this Plan.

SECTION 8. Transfer and Renewal

(a) Transfer. You may transfer this Plan to a new owner of the Product only if the subsequent owner agrees to the then- current Plan Terms and Conditions. The right to void this Plan under section 7(a)(i) is not transferable and will apply only to the original purchaser of the Plan.

(b) Renewal. Microsoft is not required to renew Your Plan beyond the original Coverage Period. If Microsoft chooses to offer You a renewal, Microsoft will decide (in our sole discretion) the offer’s terms and price. That offer will reflect the Product’s age, current costs associated with servicing it, and Product repair experience. However, Microsoft will not offer to renew the Plan if it would provide coverage for a Product more than three (3) years after the original warranty covering Your Product has expired.

SECTION 9. General

(a) Contract. By buying this Plan, You acknowledge that it is a legal contract between Microsoft and You, and that You have had the opportunity to read it before purchasing the Plan. This Plan is the entire agreement between Microsoft and You. It may not be modified except by a written agreement that Microsoft signs. Neither party to this Plan can waive its rights under this Plan unless the waiver is in writing and signed by the waiving party. This Plan is not an insurance policy.

(b) Full Faith and Credit. Microsoft’s obligations under this Plan are backed by our full faith and credit.

(c) Notices to Microsoft. Any notices to Microsoft under this Plan may not be given electronically, and are deemed given on the date received at the following mailing address:

Microsoft Corporation
ATTN: Surface Extended Service Plan Business
One Microsoft Way
Redmond, WA 98052-9953

In the United Kingdom, this Plan is governed by and is to be construed in accordance with the laws applicable in the country where you purchased Your Product. The laws of the country where You live govern all other claims (including consumer protection, unfair competition, implied warranty, and tort claims).

This Plan, and any service required under this Plan, is offered to You and valid only while You are residing in the United Kingdom.

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