You accept these Terms by creating a Microsoft account, through your use of the Services, or by continuing to use the Services after being notified of a change to these Terms. Your privacy is important to us.
Please read the Microsoft Privacy Statement the " Privacy Statement " as it describes the types of data we collect from you and your devices " Data " , how we use your Data, and the legal bases we have to process your Data. The Privacy Statement also describes how Microsoft uses your content, which is your communications with others; postings submitted by you to Microsoft via the Services; and the files, photos, documents, audio, digital works, livestreams and videos that you upload, store, broadcast or share through the Services " Your Content ".
In some cases, we will provide separate notice and request your consent as referenced in the Privacy Statement. Many of our Services allow you to store or share Your Content or receive material from others. Your Content remains Your Content and you are responsible for it. Using Third-Party Apps and Services. Many of our Services also help you find, make requests to, or interact with Third-Party Apps and Services or allow you to share Your Content or Data, and you understand that you are directing our Services to provide Third-Party Apps and Services to you.
Any additional terms do not modify any of these Terms. You are responsible for your dealings with third parties. Microsoft does not license any intellectual property to you as part of any Third-Party Apps and Services and is not responsible or liable to you or others for information or services provided by any Third-Party Apps and Services.
Unless accompanied by a separate Microsoft license agreement for example, if you are using a Microsoft application that is included with and a part of Windows, then the Microsoft Software License Terms for the Windows Operating System govern such software , any software provided by us to you as part of the Services is subject to these Terms. If you purchase a Service, then these payment terms apply to your purchase and you agree to them.
Choice of Law and Place to Resolve Disputes. If you live in or, if a business, your principal place of business is in the United States, the laws of the state where you live or, if a business, where your principal place of business is located govern all claims, regardless of conflict of laws principles, except that the Federal Arbitration Act governs all provisions relating to arbitration.
You and we irrevocably consent to the exclusive jurisdiction and venue of the state or federal courts in King County, Washington, for all disputes arising out of or relating to these Terms or the Services that are heard in court excluding arbitration and small claims court.
You can't recover any other damages or losses, including direct, consequential, lost profits, special, indirect, incidental, or punitive. These limitations and exclusions apply even if this remedy doesn't fully compensate you for any losses or fails of its essential purpose or if we knew or should have known about the possibility of the damages.
To the maximum extent permitted by law, these limitations and exclusions apply to anything or any claims related to these Terms, the Services, or the software related to the Services. The terms before and after section 14 apply generally to all Services. This section contains service-specific terms that are in addition to the general terms. These service-specific terms govern if there are any conflicts with the general terms.
We hope we never have a dispute, but if we do, you and we agree to try for 60 days to resolve it informally. Nor is combining individual proceedings without the consent of all parties.
This section, and sections 1, 9 for amounts incurred before the end of these Terms , 10, 11, 12, 13, 15, 18 and those that by their terms apply after the Terms end will survive any termination or cancellation of these Terms. We may assign these Terms, in whole or in part, at any time without notice to you. You may not assign your rights or obligations under these Terms or transfer any rights to use the Services.
This is the entire agreement between you and Microsoft for your use of the Services. It supersedes any prior agreements between you and Microsoft regarding your use of the Services. All parts of these Terms apply to the maximum extent permitted by relevant law. If a court or arbitrator holds that we can't enforce a part of these Terms as written, we may replace those terms with similar terms to the extent enforceable under the relevant law, but the rest of these Terms won't change.
Section 15 i says what happens if parts of section 15 arbitration and class action waiver are found to be illegal or unenforceable. Section 15 i prevails over this section if inconsistent with it. If the dispute is not resolved within a reasonable period then any or all outstanding issues may be submitted to mediation in accordance with any statutory rules of mediation.
If mediation is unavailable or is not successful in resolving the entire dispute, any outstanding issues will be submitted to final and binding arbitration in accordance with the laws of the State of New South Wales. The arbitrator's award will be final, and judgment may be entered upon it by any court having jurisdiction within the State of New South Wales. Any amendment or modification of this Agreement or additional obligation assumed by either Party in connection with this Agreement will only be binding if evidenced in writing signed by each Party or an authorized representative of each Party.
Time is of the essence in this Agreement. No extension or variation of this Agreement will operate as a waiver of this provision. The Service Provider will not voluntarily or by operation of law assign or otherwise transfer its obligations under this Agreement without the prior written consent of the Customer.
It is agreed that there is no representation, warranty, collateral agreement or condition affecting this Agreement except as expressly provided in this Agreement. This Agreement will enure to the benefit of and be binding on the Parties and their respective heirs, executors, administrators, successors and permitted assigns.
Headings are inserted for the convenience of the Parties only and are not to be considered when interpreting this Agreement. Words in the singular mean and include the plural and vice versa. Words in the masculine mean and include the feminine and vice versa. It is the intention of the Parties to this Agreement that this Agreement and the performance under this Agreement, and all suits and special proceedings under this Agreement, be construed in accordance with and governed, to the exclusion of the law of any other forum, by the laws of the State of New South Wales, without regard to the jurisdiction in which any action or special proceeding may be instituted.
In the event that any of the provisions of this Agreement are held to be invalid or unenforceable in whole or in part, all other provisions will nevertheless continue to be valid and enforceable with the invalid or unenforceable parts severed from the remainder of this Agreement. The waiver by either Party of a breach, default, delay or omission of any of the provisions of this Agreement by the other Party will not be construed as a waiver of any subsequent breach of the same or other provisions.
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The Customer is of the opinion that the Service Provider has the necessary qualifications, experience and abilities to provide services to the Customer. The Service Provider is agreeable to providing such services to the Customer on the terms and conditions set out in this Agreement.
Term of Agreement 3. The Compensation will be payable upon completion of the Services. Provision of Extras Reimbursement of Expenses Return of Property All notices, requests, demands or other communications required or permitted by the terms of this Agreement will be given in writing and delivered to the Parties of this Agreement as follows: ABN Number Receiver b.
May 01, · Cortana Services may allow you to access services, information or functionality provided by other Microsoft Services or Third Party Apps and Services. The service-specific Terms of section 14 also apply to your use of applicable Microsoft Services accessed through Cortana Services.
The Service Provider is responsible for paying any Superannuation Guarantee contributions that may be required in relation to the work performed by the Service Provider or by employees of the Service Provider under this Agreement.
A Service Agreement is created when a service provider and a customer (or client) exchange services for compensation. It can exist in a verbal format (like when a customer visits a hair salon to get a haircut) or in a written format (like a contract a freelance writer might have with a website owner). A service agreement can be used for marketing services, advertising services, testing services, consulting services, management services, or any other professional services where one person has agreed to provide a service to another.
Sample Service Agreement More than just a template, our step-by-step interview process makes it easy to create a Service Agreement. Save, sign, print, and download your document when you are done. A service contract agreement is a legal document that outlines the agreed terms as part of a professional agreement. This type of service agreement is often used when a company hires an outsource worker, such as a consultant who provides a service, to complete projects within the business.