MICROSOFT COMPLETE FOR BUSINESS
Commercial Service Contract Terms & Conditions
Please keep this important terms and conditions document (“Service Contract”, “Contract”), and the Proof of Purchase together in a safe place, as these will be needed at time of a Claim. The information contained in this Contract document is intended to serve as a valuable reference guide to help You determine and understand WHAT IS COVERED under this Contract. For any questions regarding the information contained in this Contract document, or coverage in general, please contact the Administrator.
Throughout this Contract, the following capitalized and bolded words have the stated meaning
- “Accidental Damage”:
accidental damage from handling; such as damage resulting from dropping the covered Product, liquid spillage, or in association with screen breakage. Separate purchase for Accidental Damage Coverage is required.
the mechanical and/or electrical failure of Your Product to perform its intended function, including defects in materials or workmanship; occurring during normal use of the Product.
a demand for payment in accordance with this Contract sent by You.
- “Manufacturer”, “Microsoft”:
he original equipment Manufacturer of the Product.
- “Original Purchase Price”:
the amount paid by You for the covered Product(s); excluding any applicable taxes and/or fees, as indicated on Your Proof of Purchase.
- “Power Surge”:
damage to the Product resulting from an oversupply of voltage to Your Product while properly connected to a surge protector, but not including damages resulting from the improper installation or improper connection of the Product to a power source.
the item(s) that You originally purchased, or at Our discretion, a Replacement item provided by Us, that is to be covered under this Contract.
- “Proof of Purchase”:
the original purchase receipt provided at the point of sale that confirms the date in which the Service Contract and Product were purchased, as well as the Term period and specific Coverage Plan Option.
the actions We take to mend, remedy, or restore Your Product to a sound functioning state following a covered Breakdown. Parts used to Repair the Product may be new, used, refurbished or non-original Manufacturer parts that perform to the factory specifications of the original Product.
- “Replace” or “Replacement(s):
an item supplied to You through Our arrangement in the event We determine the original defective Product is not suitable for Repair. We will use every reasonable effort to Repair, but We reserve the right to Replace the defective Product, at Our sole discretion, with a new, rebuilt, or refurbished model of equal or similar features and functionality and We make no guarantee that a Replacement will be the same model, size, dimensions or color as the previous Product.
the seller that has been authorized by Us to sell this Contract to You.
- “Service Fee”:
the amount You are required to pay, per Claim, for services covered under this Contract (if any).
the period of time in which the provisions of this Contract are valid as stated on the Proof of Purchase.
- “We”, “Us”, “Our”, “Provider”, “Obligor”, “Administrator”:
the party or parties obligated to provide service under this Contract as the Service Contract Provider/Obligor, as well as handle the administration under this Contract as the Service Contract Administrator, who is Microsoft Regional Sales Pte Ltd, located at 182 Cecil Street, #13-01, Fraser Tower, Singapore 069547.
- “You”, “Your”:
the purchaser/owner of the Product(s) covered by this Contract.
- “Accidental Damage”:
- SERVICE CONTRACT TERM – EFFECTIVE DATE OF COVERAGE
- Coverage for damages to the covered Product resulting from Power Surge or, if purchased/applicable, Accidental Damage begins upon Product purchase date and continues for the Term shown on Your Proof of Purchase.
- Coverage for a Breakdown begins upon expiration of the Manufacturer’s original parts and/or labor warranty and continues for the remainder of the Term shown on Your Proof of Purchase.
- PRODUCT ELIGIBILITY
In order to be eligible for Coverage (defined below) under this Contract, the merchandise must be: (a) purchased from an authorized Retailer; and (b) not covered under any other insurance, warranty, guarantee and/or service contract providing the same benefits as outlined herein.
- WHAT IS COVERED – GENERAL
During the Term, in the event of an insured Claim for a Breakdown, or Accidental Damage, this Contract provides for: (i) the labour and/or parts necessary to Repair the Product; OR (ii) at Our sole discretion, a Replacement for the Product in lieu of such Repair. Please refer to the “COVERAGE PLAN OPTIONS” section that is applicable to Your Contract for full details.
We will Repair or Replace Your Product pursuant to the provisions of this Contract. If We decide to provide a Replacement Product, technological advances may result in a Replacement with a lower selling price than the previous covered Product, and no reimbursement based on any Replacement item cost difference will be provided. Any and all parts or units Replaced under this Contract become Our property in their entirety. When a Replacement is applicable and provided in lieu of Repair, any accessories, attachments and/or peripherals that are integrated with the Product, but that were not provided and included by the Manufacturer in the packaging and with the original sale of the covered Product, will NOT be included with such Replacement.
- IMPORTANT NOTICES REGARDING COVERAGE UNDER THIS CONTRACT
- If We provide a Replacement to You:
- We reserve the right to Replace a defective Product with a new, rebuilt or refurbished item of equal or similar features and functionality; which may not be the same model, size, dimension or color as the previous Product.
- Technological advances may result in a Replacement that has a lower retail or market price than the previous Product, and in such situation, this Contract shall not provide You with any reimbursement for such a price difference.
- Any and all Product parts, components or entire units Replaced under the provisions of this Contract shall become Our property in their entirety.
- Coverage described under this Contract shall not Replace or provide any duplicative benefits during any valid Manufacturer’s warranty period. During such period, anything covered under the Manufacturer’s warranty is the sole responsibility of the Manufacturer and shall NOT be covered under this Contract; regardless of the Manufacturer’s ability to fulfil its obligations.
- Coverage under this Contract is limited to that which is specifically described in this document, as applicable to Your Contract. Anything NOT specifically expressed herein is NOT covered (including but not limited to any training services provided separately by Microsoft or Microsoft’s designees).
- Your responsibilities:: It is Your responsibility to backup any/all software and/or data on a regular basis; especially, prior to commencement of any services covered under this Contract. Software and/or data transfer or restoration services are NOT covered.
- If We provide a Replacement to You:
- COVERAGE PLAN OPTIONS
(As indicated on the Proof of Purchase and applicable to You)
Your Summary of Cover can be found at www.microsoft.com/surface/business/extended-service-warranty.
When purchased, this Contract provides the coverage that is described in the “WHAT IS COVERED – GENERAL” section above, including Accidental Damage coverage and subject to the following provisions:
COVERED ESSENTIALS: Surface tablet, laptop, Studio desktop computer, and/or book plus associated power supply unit with attaching cords are insured under this Contract, when such are originally supplied by Microsoft within a single, all-in-one packaged purchase.
- NOTICE – Studio desktop computer only includes mouse and keyboard when such are originally supplied by Microsoft within a single, all-in-one packaged purchase).
- NOTICE – Expressly excluded items: Digital pen, keyboard, mouse and add-on items are not covered under this Contract. (Regardless of whether such were originally supplied by Microsoft within a single, all-in-one packaged purchase).
Under Your Contract, no Service Fee payment is required.
LIMIT OF LIABILITY
During Your Contract Term, the cumulative maximum amount that We are obligated to pay for shall not exceed the Original Purchase Price of Your Product (“Aggregate Limit”). The Repair and Replacement limits that accumulate towards this Aggregate Limit is broken down as follows:
- For all Surface series Covered Products except Studio:
Replacement : Up to two (2) Replacements, provided at Our sole discretion, with covered Claims. Once this limit is reached, Coverage under this plan will end; regardless of any remaining time under the current Contract Term
- For Surface ‘Studio’ series Covered Products Only:
Repair Limit: Repairs for Covered Breakdowns or Power Surge Claims (as determined by Us), until the total value of Repairs that We have provided equals the Product Purchase Price. Once this limit is reached, Coverage under the plan will end; regardless of any remaining time under the current Contract Term.
Replacement Limit: up to two (2) Replacements, provided at Our sole discretion, with covered Claims. Once this limit is reached, Coverage under this plan will end; regardless of any remaining time under the current Contract Term.
If We choose to Replace Your Product, We may provide advanced exchange service. When We provide advanced exchange service, the Replacement Product may be delivered to You in advance of Our receipt of Your defective Product. YOU MUST SHIP YOUR DEFECTIVE PRODUCT TO US WITHIN TEN (10) CALENDAR DAYS OF CONFIRMED DELIVERY RECEIPT OF THE REPLACEMENT PRODUCT. If You do not return the defective Product to Us within ten (10) calendar days of confirmed delivery receipt of the Replacement Product, You will be charged a non-returned device fee equal to the Manufacturer’s suggested retail price of the Replacement Product.
- OPTIONAL ADDITIONAL COVERAGE: DRIVE (SSD) RETENTION OPTION
When selected and purchased by You and is indicated on the Proof of Purchase, this additional coverage will provide You the option to retain the solid state drive (SSD) of the Covered Product in the event of a covered Breakdown. Your serviced Covered Product will include a new SSD at no additional charge. This coverage is only available on Microsoft devices in which the SSD is marketed as removable on the technical specifications sheet on the Product page for Your Covered Device.
- OPTIONAL ADDITIONAL COVERAGE: NEXT BUSINESS DAY OPTION
When selected and purchased by You and is indicated on the Proof of Purchase, this additional coverage will provide overnight carrier delivery service of a Replacement determined by Us to Your location as held on file as follows:
- One (1) Business Day following Claim authorization occurs prior to 1:00 p.m. GMT local time; or
- Two (2) Business days if Claim authorization occurs after 1:00 p.m. GMT local time Overnight delivery is subject to availability of Our authorized overnight delivery carriers.
- For the purpose of this provision, “Business Day” refers to Monday through Friday, excluding standard local public holidays.
- ADDITIONAL BENEFIT INCLUDED IN THIS SERVICE CONTRACT
During the Term, if Your Product has three (3) Repairs covered under this Contract for the same problem and a fourth (4th) Repair is required for the same problem and considered covered under this Contract (“Qualifying Service Repairs”), We will Replace Your Product with one of like kind and quality, but not necessarily same brand, or, at Our sole discretion, provide You with reimbursement equal to the fair market value of the Product as determined by Us based upon the age of the Product and subject to the “LIMIT OF LIABILITY” section. Any Repair services performed while Your Product is under its Manufacturer’s warranty period or in relation to Accidental Damage from handling (if purchased/applicable) are not considered to be Qualifying Service Repairs under this benefit.
- PLACE OF SERVICE
For covered Claims, this Contract provides pre-paid shipping of the affected Product to the servicing location designation by the Administrator, as well as shipping of the Repaired Product (or Replacement, if applicable) back to Your registered location on file.
- LIMIT OF LIABILITY
In addition to that which is noted in the “COVERAGE PLAN OPTIONS” section as applicable to Your purchased Plan, neither We nor the Retailer shall be liable for any incidental or consequential damages; including but not limited to: property damage, lost time or lost data resulting from the Breakdown of any Product or equipment, from delays in service or the inability to render service, or resulting from the unavailability of Repair parts/components. Neither We nor the Retailer shall be liable for any and all Pre-Existing Conditions (defined below) known to You, including any inherent Product flaws.
- WHAT IS NOT COVERED – EXCLUSIONS
THIS CONTRACT DOES NOT COVER ANY CLAIM IN CONNECTION WITH OR RESULTING FROM:
- Pre-Existing Conditions incurred or known to You.
- Improper packaging and/or transportation by You or Your representative resulting in damage to the Product while it is in transit, including improperly securing the Product during transportation.
- Any Indirect Loss whatsoever including but not limited to: (i) property damage, lost time, lost data or lost income resulting from a defined Breakdown, or Accidental Damage event, any non-defined mechanical/electrical failure, training services provided separately by Microsoft or its affiliates, or any other kind of damage of or in association with the Product; including, but not limited to any non-covered equipment used in association with the Product; (ii) delays in rendering services or the inability to render service for any reason; (iii) the unavailability of any parts/components; (iv) any costs incurred by You associated with customised installations to fit the Product such as third party stands, mounts, and customised alcoves and the like; or (v) a Replacement that is a different model, size, dimension or color as the previous Product. We shall not assume any liability or damage to property or injury or death to any party(ies) arising out of the operation, maintenance or use of the Product or a Replacement provided under the provisions of this Contract.
- Modifications, adjustments, alterations, manipulation or repairs made by anyone other than a service technician authorised by Us.
- Damage from freezing, overheating, rust, corrosion, warping or bending.
- Wear and tear, or gradual deterioration of Product performance.
- The intentional treatment of the Product in a harmful, injurious, malicious, reckless or offensive manner which results in its damage and/or failure.
- Damage to or malfunction of Your Product caused by or attributed to the operation of a software virus or any other software based malfunction.
- Loss, theft, or malicious mischief or disappearance.
- Fortuitous events, including, but not limited to: riot, nuclear radiation, war/hostile action or radioactive contamination, environmental conditions, exposure to weather conditions or perils of nature, collapse, explosion or collision of or with another object, fire, any kind of precipitation or humidity, lightning, dirt/sand or smoke, nuclear radiation, radioactive contamination, riot, war or hostile action, governmental act, or internet or other telecommunications malfunction.
- Lack of performing the Manufacturer’s recommended maintenance, operation, or storage of the Product in conditions outside of the Manufacturer’s specifications or instructions.
- Product(s) that are subject to a Manufacturer’s recall, warranty or rework to repair design or component deficiencies, improper construction, Manufacturer error regardless of the Manufacturer’s ability to pay for such repairs.
- Product(s) that have removed or altered serial numbers.
- Cosmetic damage however caused to Your Product, including marring, scratching and denting unless such cosmetic damage results in loss of functionality.
- Normal periodic or preventive maintenance, adjustment, modification or servicing.
- Accessories and peripherals (such as detachable keyboard, digital pen), or attachments.
- Cost of component parts not covered by the Product’s original Manufacturer’s warranty, or any non-operating / non-power-driven part, including, but not limited to: plastic parts or other parts such as accessory cables, batteries (except as may be otherwise stated in this Contract), connectors, cords, fuses, keypads, plastic body or moulding, switches and wiring.
- Liability or damage to property, or injury, or death to any person arising out of the operation, maintenance or use of the Product.
- Any cost arising as a result of the failure of any item that is intended to be a consumable item.
- Any Claim where Proof of Purchase had not been provided except where We agree to transfer the benefit of the Contract.
- Any Claim for the restoration of software or data, or for retrieving data from Your Product.
- Any loss, damage, liability, or expense directly or indirectly caused by or contributed to, or arising from, the use or operation, as a means for inflicting harm, or any computer, computer system, computer software program malicious code, computer virus or process or any other electronic system.
- Any Claim or benefit under this Contract to the extent the provision of such cover, payment of such Claim or provisions of such benefit would expose Us to any sanctions, prohibition or restriction under United Nations resolutions or the trade or economic sanctions, laws or regulations of the European Union, United Kingdom, or United States of America.
- Damage caused to Your Product when removing the SSD.
YOU ARE RESPONSIBLE FOR BACKING UP ALL SOFTWARE AND DATA ON A REGULAR BASIS AND PRIOR TO COMMENCEMENT OF ANY REPAIR. THIS CONTRACT DOES NOT COVER RESTORATION OF SOFTWARE OR DATA, OR DATA RETRIEVAL TO/FROM YOUR COVERED PRODUCT, AND WE ARE UNABLE TO TRANSFER SUCH TO ANY REPLACEMENT DEVICE THAT MAY BE PROVIDED TO YOU. IN NO EVENT WILL WE BE RESPONSIBLE FOR THE RESTORATION OF SOFTWARE OR DATA, OR FOR RETRIEVING DATA FROM ANY PRODUCT.
IF YOUR PRODUCT EXPERIENCES AN OCCURRENCE THAT IS EXCLUDED FROM COVERAGE UNDER THIS SECTION, OR IN THE EVENT OF A SERVICE INCIDENT WHEREIN THERE IS A “NO PROBLEM FOUND” DIAGNOSIS FROM OUR AUTHORIZED SERVICER, THEN YOU ARE RESPONSIBLE FOR ALL COSTS IN ASSOCIATION WITH SUCH SERVICE; INCLUDING ANY SHIPPING AND/OR ON-SITE SERVICING COSTS.
- HOW TO FILE A CLAIM
IMPORTANT: The submission of a Claim does not automatically mean that the Accidental Damage or Breakdown to Your Product is Covered under Your Service Contract. In order for a Claim to be considered, You will need to first contact Us for initial diagnosis of the problem with Your Product. This Contract may not provide any Coverage if You make unauthorized Repairs.
For best service, have Your Proof of Purchase readily available and call Us at the telephone number found at http://support.microsoft.com/gp/customer-service-phone-numbers or visit www.microsoft.com/surface/business/extended-service-warranty. Our authorized representatives will promptly obtain details regarding the issue You are experiencing with the Product, and will first attempt to resolve the situation over the telephone and/or remotely. If We are unsuccessful in resolving the issue over the telephone and/or remotely, You will be given a Claim service request number and further instructions on how service for Your Product will be provided under this Contract.
The affected Product should never be returned to the Retailer or shipped anywhere, unless We have provided instructions to do so. If We request the defective Product to be returned, this Contract provides pre-paid shipping for both to and from Our authorized servicer and the following items must be included in the pre-paid shipment package:
- The defective Product;
- A copy of Your Proof of Purchase;
- A brief written description of the problem You are experiencing with the Product; and
- A prominent notation of Your Claim service request number that was provided by the Administrator.
Coverage is only provided for eligible services that are conducted by a servicer, Retailer, or depot center which has been authorized by Us. If Your Term expires during the time of an approved Claim, Coverage under this Contract will be extended until the date in which the approved Claim in progress has been fulfilled completely in accordance with the terms and conditions of Your Contract.
After the Contract Term expires, We may offer You the option to renew Your Coverage. If We offer renewal, the renewal price quoted will reflect the age of Your Product and the prevailing Product Replacement cost at the time of the renewal.
Coverage under this Contract cannot be transferred to any other party or product.
YOUR RIGHT TO CANCEL
You may cancel this Contract at any time by informing Us of the cancellation request at the details below.
You may write to Us at: Contract Cancellations, Microsoft Regional Sales Pte Ltd, located at 182 Cecil Street, #13-01, Fraser Tower, Singapore 069547, phone Us on the phone number found at http://support.microsoft.com, or email email@example.com.
If Your cancellation request is within forty-five (45) days of the Contract purchase date, You will receive a one-hundred percent (100%) refund of the Contract purchase price paid by You, provided that no warranty claims have been made during that period.
If Your cancellation request is made after forty-five (45) days of the Contract purchase date, You will receive a pro-rata refund of the Contract purchase price paid by You, provided no warranty claims have been made.
OUR RIGHT TO CANCEL
If We cancel this Contract, We will provide written notice to You at least thirty (30) days prior to the effective date of cancellation. Such notice will be sent to Your address in Our file (email or physical address as applicable), with the reason for and effective date of such cancellation. If We cancel this Contract, You will receive a pro-rata refund based upon the same criteria as outlined above and no cancellation fee applies.
We may only cancel this Contract for the following reasons:
- non-payment of the Contract purchase price/fee by You,
- deliberate misrepresentation by You, or
- substantial breach of duties under this Contract by You in relation to the Product or its use.
- COMPLAINTS PROCEDURE
It is always the intention to provide You with a first class service. However, if You are not happy with the service please notify one of Our representatives as outlined on the Proof of Purchase.
We will reply within five (5) working days from when We receive Your complaint. If it is not possible to give You a full reply within this time (for example, because a detailed investigation is required), We will give You an interim response telling You what is being done to deal with Your complaint, when You can expect a full reply and from whom. In most cases Your complaint will be resolved within four (4) weeks.
- PRIVACY AND DATA PROTECTION
You agree that any information or data disclosed to Us under this Contract (“Data”) is not confidential. Furthermore, You agree that We may collect, use, disclose and process Data when We provide the services contemplated under this Contract and make disclosures to governmental, regulatory or other competent authorities and as permitted or required by applicable laws. This may include transferring Your Data to related corporation, agents or third party service provider. Except for the purposes aforementioned, We will not share Your Data with third parties without Your permission. We will comply with applicable privacy and data protection laws in Your specific jurisdiction.
Unless specifically prohibited by Your jurisdiction’s privacy and data protection laws, We may transfer Your Data to other countries and jurisdictions provided that anyone to whom We transfer Your Data provides an adequate level of protection. In addition, Your Data may be accessed by law enforcement agencies and other authorities to prevent and detect crime and comply with legal obligations.
- GENERAL PROVISIONS
- Subcontract. We may subcontract or assign performance of Our obligations to third parties, but We shall not be relieved of Our obligations to You when doing so.
- Waiver; Severability. The failure of any party to require performance by the other party of any provision hereof will not affect the full right to require such performance at any time thereafter; nor will the waiver by either party of a breach of any provision hereof be taken or held to be a waiver of the provision itself. In the event that any provision of these terms and conditions will be unenforceable or invalid under any applicable law or be so held by applicable court decision, such unenforceability or invalidity will not render these terms and conditions unenforceable or invalid as a whole and in such event, such provisions will be changed and interpreted so as to best accomplish the objectives of such unenforceable or invalid provision within the limits of applicable law or applicable court decisions.
- Notices. You expressly consent to be contacted, for any and all purposes, at any telephone number, or physical or electronic address You provide Us. All notices or requests pertaining to this Contract will be in writing and may be sent by any reasonable means including by mail, email, facsimile, text message or recognized commercial overnight courier. Notices to You are considered delivered when sent to You by email or fax number that You provided to Us, or three (3) days after mailing to the street address You provided.
- Law. This Service Contract is governed by the laws of India.
- ENTIRE AGREEMENT
This Service Contract; including the Proof of Purchase, terms, conditions, limitations, exceptions and exclusions, and Your Proof of Purchase, constitute the ENTIRE AGREEMENT between Us and You and no representation, promise or condition not contained herein shall modify these items, except as required by law.
Microsoft and Surface are trademarks of the Microsoft group of companies.