Last modified on 01.01.2020
Specific Terms and Conditions applicable to the Office 365 Service provided by EuroDNS S.A.
These Specific Terms and Conditions and the General Terms and Conditions shall be interpreted and applied together as a single instrument (the “Agreement”). To the extent there is a direct conflict between these terms and the General Terms and Conditions, these terms shall prevail. Capitalised terms defined in the General Terms and Conditions shall have the same meaning in the Specific Terms and Conditions.
Insofar as the Customer has submitted an Order Form pursuant to the General Terms and Conditions, EuroDNS shall provide the Customer with a range of "cloud" services (the “Office 365 Service”) as defined in its commercial offering and in accordance with the terms hereafter.
In order for the Customer to conveniently activate the Office 365 Service, EuroDNS allows the Customer to initiate this procedure up to three (3) months after their Order has been accepted by EuroDNS.
The Customer is expressly informed that if they fail to initiate the activation procedure within this delay, they will lose all rights to the activation of the Office 365 Service and will not be entitled to any refund.
The Customer is also informed that the issuance procedure may only be initiated from the Customer Account via which the Customer has placed their order for the Web Hosting Service.
Once the token has been redeemed, the Office 365 Service will be available for the duration selected by the Customer in their Order.
In order to avoid an unwanted expiration of the Service and the deletion of the Content, EuroDNS enables the Customer to activate an automated renewal option in the Customer Account.
If this option is activated, EuroDNS will attempt to renew the Service prior to its expiration date and for the term selected by the Customer. This automated renewal shall be operated in accordance with the terms of article 6 of the General Terms and Conditions.
If the automated renewal option is deactivated, the Customer will need to manually renew their subscription to the Office 365 Service via the Customer Account before its expiration date. EuroDNS will notify the Customer several times of the expiration and applicable methods to renew the Service, by sending the Customer emails to the address registered as part of the Customer Details.
EuroDNS cannot be held liable if the Customer fails to take the necessary action to renew its subscription to the Service or in the case of the Customer Details being inaccurate or obsolete and, more generally, in case of the Customer failing to receive the expiration notice. The Customer remains solely responsible for the renewal of the Office 365 Service.
If the Customer fails to take action to renew the its subscription before its expiration date, the Service will be suspended for a period of fourteen (14) days during which the Customer will be able to reactivate their subscription to the Service via the Customer Account.
At the end of this period, the Service will be completely deactivated and any Content hosted via the Service as well as the configuration of the Service itself will be definitively deleted with no means of recovery.
EuroDNS shall grant the Customer a non-exclusive limited license to use the Office 365 Service with certain, limited functions chosen by the Customer in the Order Form.
All rights in the Office 365 Service not expressly granted to the Customer hereunder are reserved to EuroDNS and its licensors.
The Customer expressly agrees to abide by the terms of use applicable to the software provided by the Microsoft; the current version is available at: https://www.microsoft.com/licensing/docs/customeragreement
The Customer accepts that EuroDNS may establish limits to the acceptable use of the Office 365 Service, including without limitation the period during which email messages and any other content stored via the Office 365 will be retained, the number and size of email messages that can be sent from or received by each account created as part as the Office 365 Service, the disk storage space allotted, the number of aliases which may be created...
The Customer further accepts that EuroDNS reserves the right to modify these limitations from time to time.
The Customer acknowledges that the Content communicated via the Office 365 Service is the sole responsibility of the person from whom it originated. The Customer therefore agrees that they will be solely and entirely responsible for the Content that they distribute, edit, publish or otherwise make available via the Office 365 Service.
EuroDNS does not control the Content transiting via the Office 365 Service and, as such, does not guarantee the accuracy, integrity or quality of such Content.
It is expressly reminded here that EuroDNS is not subject to any general obligation to monitor the Content transiting via the Office 365 Service.
Notwithstanding the aforementioned, in the event EuroDNS has been informed that the Customer is using the Office 365 Service to communicate or distribute blatantly illicit Content, EuroDNS will promptly suspend the Office 365 Service without prior notice to the Customer. In such a case and where applicable, EuroDNS may assist the competent law enforcement authorities in their investigation of the blatantly illegal activities.
The Customer understands and agrees that unless otherwise provided all fees applicable to the Office 365 Service are non-refundable. The Customer having the legal status of pursuant to the Luxembourgish consumer code are expressly informed that the Office 365 Service being considered a customised good, pursuant to article L.222-9 of this code, the Office 365 Service is not subject to the statutory right of withdrawal.
The Customer further acknowledges that the early termination of the Office 365 Service does not entail the refunding of any monies paid to EuroDNS nor does it release the Customer from their obligation to pay all fees applicable to the Service ordered.
In accordance with article 7.2 of the General Terms and Conditions, EuroDNS retains the right to discontinue or suspend at any time, temporarily or permanently any part of the Office 365 Service. In such a case EuroDNS shall make its best efforts to inform the Customer of such modification or suspension of the Office 365 Service in a timely manner.
The Customer understands and accepts that EuroDNS cannot be held liable by the Customer or any third party for any consequences resulting from such modification, suspension or discontinuance of the Office 365 Service.
EuroDNS makes no warranty of any kind, expressed or implied, as to the Office 365 Service merchantability or fit for a particular purpose. The Office 365 Service is provided on an as-is and as available basis without warranty of any kind, expressed or implied, as to its good functionality and EuroDNS disclaims all responsibility and liability for the Service availability.
Further, the Customer expressly acknowledges that EuroDNS will not backup the Customer Content and therefore accepts that they shall take all measures they deem necessary against the loss or deterioration of the Content.
EuroDNS shall make its best efforts to provide the Office 365 Service twenty (24) hours a day and seven (7) days a week for the whole term of the Office 365 Service subscription. However, EuroDNS hereby only commits to a best-efforts obligation.
When using the Office 365 Service, the Customer commits not to:
11.1. The Customer may request the termination of the Office 365 Service at any time. Such termination will be operated after a period of one (1) month following the receipt by EuroDNS of a written request sent by registered mail to the address specified in article 1 of the General Terms and Conditions.
11.2. The Customer accepts that in certain circumstances, EuroDNS will be entitled to terminate their Office 365 Service subscription without prior notice, thus preventing the customer from accessing and/or using the Office 365 Service. Circumstances where such termination may happen, without it being deemed a default of EuroDNS towards its contractual or legal obligations, include but are not limited to:
The Customer understands and agrees that the termination of the Office 365 Service entails the removal and/or deletion of:
11.3. In case of termination of the whole Agreement as set forth by article 14 of the General Terms and Conditions, the Customer shall hold EuroDNS harmless from any responsibility arising from any further intervention request on the Office 365 Service.