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Terms and Conditions for Microsoft Office 365 1 ... - O2 Ireland

Terms and Conditions for Microsoft Office 365 1 ... - O2 Ireland

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9.7. The End User shall not be relieved of the obligation to pay the Subscription Charges due<br />

notwithst<strong>and</strong>ing the suspension or termination of the provision of the services described<br />

in this Agreement up to the date of termination.<br />

9.8. <strong>Microsoft</strong> may terminate or suspend the Online Services if it believes in good faith that<br />

the End User is misusing the Service, <strong>Microsoft</strong> may, at <strong>Microsoft</strong>’s sole discretion,<br />

terminate or suspend the End Users Subscription <strong>and</strong> the provisions of Clause 10 shall<br />

apply. The End User acknowledges that <strong>Microsoft</strong> will have no liability to the End User in<br />

connection with terminating or suspending the Online Services.<br />

9.9. <strong>O2</strong> shall endeavour to provide advance notice to the End User of any suspension or<br />

termination of the services described in this Agreement but shall not be required to do<br />

so.<br />

10. Retrieval of End User Data<br />

10.1. On the termination, suspension or expiration of this Agreement <strong>for</strong> any reason the<br />

provisions of clause 2.7 shall apply. Subject to Clause 10.2, the End User shall be fully<br />

<strong>and</strong> solely responsible <strong>for</strong> contacting <strong>O2</strong> in the manner described in Clause 2.7. Neither<br />

<strong>O2</strong> nor <strong>Microsoft</strong> shall be liable to the End User <strong>for</strong> any cost, claim, loss, liability,<br />

expense or damage incurred directly or indirectly or any way whatsoever in the event the<br />

End User data is deleted owing to the failure of the End User to comply with Clause 2.7.<br />

10.2. In the event the End User engages <strong>O2</strong> to provide De-Installation Services <strong>O2</strong> will,<br />

subject to it being engaged to retrieve the End User Data from the Online Service, there<br />

being sufficient time to do so <strong>and</strong> the agreement <strong>and</strong> execution of a Statement of Work,<br />

retrieve the End User Data from the Online Service as part of the provision of the De-<br />

Installation, subject always to the terms <strong>and</strong> conditions of this Agreement <strong>and</strong> the<br />

relevant Statement of Work.<br />

11. Service Levels<br />

11.1. Service levels <strong>for</strong> the Online Services are provided by <strong>Microsoft</strong> <strong>and</strong> are available at<br />

www.<strong>O2</strong>.ie. <strong>O2</strong> <strong>and</strong> <strong>Microsoft</strong> reserve the right to change service levels at any time by<br />

posting changes to that website provided always that such changes shall not apply to:<br />

11.1.1. existing End User orders <strong>for</strong> the duration of their applicable Subscription; <strong>and</strong><br />

11.1.2. to End User orders received by <strong>Microsoft</strong> within 60 days of the service level<br />

change being effective. In the event <strong>Microsoft</strong> agree to apply a credit (if any) in<br />

respect of its failure to meet a certain service level <strong>O2</strong> shall credit the End User<br />

in the same amount of credit on its next invoice following the date on which <strong>O2</strong><br />

receives the credit.<br />

12. Intellectual Property<br />

12.1. The End User acknowledges that nothing in this Agreement, or elsewhere in this<br />

commercial arrangement, will be deemed to or require <strong>O2</strong> to transfer, assign or license<br />

any IPR to the End User.<br />

12.2. The End User will not be entitled to use in the course of trade or otherwise in relation to<br />

any goods or services of the End User any registered or unregistered trademark,<br />

logotype or abbreviation of the name of <strong>O2</strong> or any part of <strong>O2</strong> so that any person might<br />

reasonably import a connection between those goods or services <strong>and</strong> <strong>O2</strong> or any part of<br />

<strong>O2</strong>.<br />

12.3. The provision of the Online Services to the End User does not grant the End User any<br />

right, title, interest or license in or to any of <strong>Microsoft</strong>’s IPR.<br />

13. Liability

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