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MICROSOFT ANSWER DESK SERVICE AGREEMENT

You should read and print this Service Agreement for your records.

This service agreement (the “Service Agreement”) is entered into by and between the person or entity using the Support Services (“you” or “your”) and Microsoft (“we,” “us” or “our”) (you and us, each, a “Party” and, collectively, the “Parties”).

By purchasing or using the Support Services (defined below), you accept and agree to be bound, without modification, by the terms, conditions, and notices of the Service Agreement. Your use of the Support Services, if provided on or in connection with a Microsoft web site are subject to that web site’s Terms of Use (“TOU”) and any other policies on that web site. The Service Agreement and the TOU, if applicable, comprise the entire agreement between you and Microsoft with respect to the Support Services.

You understand that the security mechanisms in the Support Services have inherent limitations and that you are responsible for determining that the Support Services meet your needs.

Microsoft reserves the right to update the Service Agreement at any time in its discretion subject to reasonable prior notice. If Microsoft changes this Service Agreement to your detriment and you have an unused Paid Support Service, you may notify Microsoft that you are ending this Service Agreement and cancelling your unused Paid Support Service for a refund equal to the cost of your Support Service. To notify Microsoft and obtain a refund or ask a specific billing question, start an online chat with any available Answer Tech who will be happy to assist you. The most current version of the Service Agreement can be reviewed at http://www.microsoftstore.com/store/msstore/html/pbPage.Help_Answer_Desk_Service_Agreement. Your use of the Service Agreement after the effective date of such changes shall constitute your acceptance of the Service Agreement, as amended from time to time.

ALL DISCLAIMERS OF WARRANTIES, CONDITIONS AND LIABILITY CONTAINED HEREIN FORM AN ESSENTIAL BASIS OF THE PARTIES’ AGREEMENT.

YOU REPRESENT THAT 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 THE SERVICE AGREEMENT. THE SERVICES ARE GOVERNED BY THIS SERVICE AGREEMENT ONLY, AND NOT BY ANY OTHER SERVICE AGREEMENT WITH MICROSOFT (IF ANY).

  1. SUPPORT SERVICES.
    Microsoft Answer Desk (“Answer Desk”) connects customers with support agents (“Answer Techs”) for help with a suite of computer support-related tasks via phone or online chat (“Support Services”).
    1. 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.
    2. Misuse of Internet-based services. You may not use the Support Services in any way that could harm Microsoft 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.
    3. 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 a validly licensed and working personal computer that meets 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 Services and/or provide a refund due to problems with your computer, your system requirements, or configuration, or for any other reasons that are beyond our control that make providing the Support Services impossible or impractical.
    4. Answer Techs. Microsoft gives you access to Answer Techs. Answer Techs are not Microsoft employees or spokespersons and their views do not necessarily reflect those of Microsoft. Always use caution when giving out any personally-identifiable information about yourself or your family members when interacting with Answer Techs. You are solely responsible for your interactions with any Answer Techs, even if you are given access to them through your use of the Support Services.

      Microsoft may provide online Answer Tech listings. Although these listings may contain verified credentials, Microsoft does not refer, endorse, recommend or guarantee any Support Services provided by Answer Techs, any specific Answer Tech or any Answer Tech’s qualifications. Nothing herein nor any other materials issued or provided by Microsoft will be considered a referral, endorsement, recommendation or guarantee of the foregoing by Microsoft.
    5. 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 computer, including all disks and drives, or other Microsoft product or devices (collectively, “Your Data”) before using the Support Services. You understand and agree that Microsoft may need to transfer Your Data 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 loss or corruption of Your Data.
    6. Remote Access. Most Support Services require Microsoft to connect remotely to your personal computer. When establishing the remote access connection, we will ask you to download third party software to establish the connection, and allow us to access your computer. 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 computer we will not charge your account. We may also run diagnostic tools on your computer to determine whether your personal computer 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.
    7. 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 EULAs on your behalf for software installations related to the Support Services. You agree to comply with the terms of any such EULAs. If you request installation of software from a third party software provider in connection with the Support Services, you will be granted the opportunity to review the corresponding EULA. Any waiver of such opportunity shall be made under your sole responsibility. You also 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.
  2. PAYMENT.
    1. Payment Method Selection; Payment Information. If the Support Service you select is a paid Support Service and you choose to purchase that Support Service through Answer Desk, you must provide the payment information (i.e., credit card or debit or check card number) required to purchase the Support Services. You represent and warrant to Microsoft that any payment information that you provide is true and accurate. We are not responsible for your card or bank issue charging you as a result of our processing of your credit/debit card payment in accordance with your order.
    2. Prerequisite. You may only redeem a Support Service upon full payment of that Support Service.
    3. Disputed Amounts. You must notify Microsoft of any disputed amount within sixty (60) days following the date of a charge to your payment method. To notify Microsoft of a disputed amount or to obtain a refund, start an online chat with any available Answer Tech who will be happy to assist you. Following receipt by Microsoft of such notice, Microsoft will research such inquiry and will notify you of a resolution within a reasonable time period.
    4. Refund. You may cancel your unused Support Services for a refund at any time within 30 days of purchasing that Support Service. Your refund will be equal to the cost of your Support Service.
  3. LINKS TO THIRD PARTY SITES.
    If you are presented with a link to a third party web site in the course of receiving the Support Services (regardless of whether such link is provided by an Answer Tech, is embedded on the web site on which you are receiving the Support Services or otherwise), you acknowledge and understand 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 linked sites by Microsoft. Further, Microsoft is not responsible for webcasting or any other form of transmission received from any linked site.
  4. WARRANTIES, DISCLAIMER.
    1. NO WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MICROSOFT AND 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 OR OTHER MATERIALS OR INFORMATION PROVIDED BY US.
    2. Application of local laws. If and to the extent that applicable law gives you any implied warranties despite the exclusions and limitations in the 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
    • the cost of the re-supply of the Support Services (if any)

    Unless the applicable law mandates otherwise, the order in which these limited remedies are provided will be determined by us.

  5. LIMITATION OF LIABILITY, EXCLUSIONS, INDEMNIFICATION.
    TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:
    • MICROSOFT’S TOTAL LIABILITY IS LIMITED TO THE AMOUNT THAT YOU HAVE PAID FOR THE SUPPORT SERVICE, REGARDLESS OF THE REASON FOR YOUR CLAIM;
    • NEITHER PARTY WILL BE LIABLE TO THE OTHER PARTY FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT OR INCIDENTAL DAMAGES, INCLUDINGBUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF YOUR DATA OR LOSS OF BUSINESS, FOR ANY MATTER RELATED TO THE SERVICE AGREEMENT, ANY SUPPORT SERVICES OR ANY OTHER MATERIALS OR INFORMATION THAT MICROSOFT PROVIDES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IF SUCH POSSIBILITY WAS REASONABLY FORESEEABLE, AND
    • IF SUPPORT SERVICES ARE PROVIDED TO YOU FREE OF CHARGE, MICROSOFT’S TOTAL LIABILITY TO YOU WILL NOT EXCEED US$5.00 OR ITS EQUIVALENT IN LOCAL CURRENCY.

    THIS EXCLUSION OF LIABILITY DOES NOT APPLY TO EITHER 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. BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY.

    YOU ARE RESPONSIBLE FOR YOUR USE OF THE SUPPORT SERVICES AND YOU ARE LIABLE FOR ANY DAMAGE RESULTING THEREFROMTO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

  6. MISCELLANEOUS.

If you live in or your business is incorporated in the United States of America then claims for breach of this contract will be subject to the laws of the State of Washington, without reference to conflict of laws principles. All other claims, including claims regarding consumer protection laws, unfair competition laws, and in tort, will be subject to the laws of your state of residence in the United States. If you live in or your business is incorporated in the United States of America you consent to the exclusive jurisdiction and venue of state and federal courts in King County, Washington, USA for all disputes relating to this contract or the Support Service.

If you live in or your business is incorporated outside of the United States of America all claims, including claims regarding consumer protection laws, unfair competition laws, and in tort, will be subject to the laws of the jurisdiction in which you reside and the courts in the jurisdiction in which you reside will have exclusive jurisdiction over all disputes arising out of or relating to this contract.

Last updated: June 2012