Specific Terms: Microsoft 365 service

Please note: This English version is only for informational purposes. The French version is the only binding version between EuroDNS and the Customer.

These Specific Terms and Conditions form part of the Agreement. They shall be interpreted and applied together with the General Terms and Conditions. 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 these 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 “Microsoft 365 Service”) as defined in its commercial offering and in accordance with the terms hereafter. 
 

In order for the Customer to conveniently activate the Microsoft 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 Microsoft  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 Microsoft 365 Service.

Once the token has been redeemed, the Microsoft  365 Service will be available for the duration selected by the Customer in their Order Form.

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 Microsoft  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 Microsoft  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 permanently terminated and any Content hosted via the Service, as well as the configuration of the Service, will be completely deleted and cannot be recovered.

EuroDNS shall grant the Customer a non-exclusive limited license to use the Microsoft 365 Service with certain, limited functions chosen by the Customer in the Order Form.

All rights in the Microsoft 365 Service not expressly granted to the Customer hereunder are reserved to EuroDNS and its licensors.

The Customer expressly undertakes to comply with the licence terms applicable to the software of Microsoft, the current version of which is available at: https://www.microsoft.com/licensing/docs/customeragreement

The Customer accepts that EuroDNS may establish limits to the acceptable use of the Microsoft 365 Service, including, without limitation the period during which email messages and any other content stored via the Microsoft 365 Service will be retained, the number and size of email messages that can be sent from or received by each account created as part of the Microsoft 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 Microsoft 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 Microsoft 365 Service.

EuroDNS does not control the Content transiting via the Microsoft 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 Microsoft 365 Service.

Notwithstanding the aforementioned, in the event EuroDNS has been informed that the Customer is using the Microsoft 365 Service to communicate or distribute blatantly illicit Content, EuroDNS will promptly suspend the Microsoft 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 Microsoft 365 Service are non-refundable. Customers having the legal status of consumer pursuant to the Luxembourg Consumer Code are expressly informed that, the email address created as part of the Microsoft 365 Service being a customised good pursuant to article L.222-9, paragraph (7), point c) of this code, this Service is not subject to the statutory right of withdrawal.

The Customer is also informed that early termination of the Microsoft 365 Service does not entail the refunding of any monies already paid to EuroDNS, nor does it release the Customer from their obligation to pay the fees relating to the Microsoft 365 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 Microsoft 365 Service. In such a case EuroDNS shall make its best efforts to inform the Customer of such modification or suspension of the Microsoft 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 Microsoft 365 Service.

EuroDNS makes no warranty of any kind, expressed or implied, as to the Microsoft 365 Service's merchantability or fitness for a particular purpose. The Microsoft 365 Service is provided on an as-is and as-available basis without warranty of any kind, express 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 back up 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 Microsoft 365 Service twenty-four (24) hours a day and seven (7) days a week for the whole term of the Microsoft365 Service subscription. However, EuroDNS hereby commits only to a best-efforts obligation.

When using the Microsoft 365 Service, the Customer commits not to:

• engage in acts of defamation, insult, threats, blackmail or harassment, or in acts infringing privacy or human dignity and/or constituting an apology for crimes against humanity, denial of genocide, or incitement to violence, racial hatred or child sexual abuse material;
• attempt to mislead the public by impersonating the identity or company name of a third party or by harming the image or reputation of third parties;
• carry out any manipulation intended to conceal the origin of the transmission of Content;
• transmit, distribute, edit, publish or make available any Content for which the Customer does not hold the necessary legal or contractual authorisations;
• infringe intellectual property rights or any other proprietary rights held by a third party (including for any software or code used by the Customer);
• upload, display, send, distribute, transmit or otherwise make available any Content containing software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any software, computer hardware or telecommunications equipment;
• disrupt, slow down, block or alter the normal flow of data exchanged within the Microsoft 365 Service, accelerate the transmission of Content in such a way that the operation of the Microsoft 365 Service is modified or altered, or take any other action having an equivalent disruptive effect on the functionalities of the Microsoft 365 Service;
• intentionally or unintentionally violate any applicable law in the broadest sense of the term, whether national or international, and more generally any rule having the force of law or regulation.

11.1. The Customer may request the termination of the Microsoft 365 Service at any time. Such termination shall take effect one (1) month after 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 is aware that, in certain circumstances, EuroDNS reserves the right to suspend or terminate the Customer's subscription to the Microsoft 365 Service immediately and without prior notice, thus preventing the Customer from accessing and using the Microsoft 365 Service. The circumstances in which such termination may take place include, without it being deemed a default by EuroDNS of its contractual or legal obligations, and without this list being exhaustive:

• any breach by the Customer of the Contractual Terms;
• the receipt of a request from the competent judicial or governmental authorities imposing such termination;
• the Customer's early termination request;
• any suspension or substantial modification of the Microsoft 365 Service;
• unforeseeable technical problems or security flaws;
• use of the Microsoft 365 Service by the Customer for illicit purposes; and/or
• failure by the Customer to pay any sum due for the provision of the Microsoft 365 Service.

The Customer understands and agrees that the termination of the Microsoft 365 Service entails the deletion of:

• access to all the functionalities forming part of the Microsoft 365 Service, including access to the Content that the Customer has stored;
• the Customer's authentication details; and
• more generally, any possibility of using the Microsoft 365 Service.

11.3. In case of termination of the whole Agreement pursuant to 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 Microsoft 365 Service.

11.4. The Customer expressly agrees that no refund shall be granted in case of termination of the Microsoft 365 Service and/or the whole Agreement.