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1. Service

Cloudscout.one simplifies the handling of Microsoft 365 changes by providing a consolidated view of the various Microsoft sources.
Cloudscout.one provides a standardized service for the contract period.

2. Usage

The service provider makes the change information available in a pre-structured form. The customer makes the evaluation in the customer environment and for the respective situation himself.
The final decision on how to handle the information, how to take the necessary steps and the responsibility remains with the customer.

3. Language

The service content is provided in English only.

4. Content rights

The service provider provides the content for use within the legal entity of the customer.
The customer acquires exclusively the rights of use of the contents of the service for the duration of the contract. No other rights (non-exclusive) such as rights to software, intellectual property, software, or programs are acquired or transferred.

5. Adjustments to the service

Cloudscout.one is constantly being adapted and developed. Adjustments, updates, and improvements are made continuously. Insofar as these are in the hands of the service provider, they are announced with an appropriate lead time. The customer has no claim to a specific version of the development, there is only a claim to the current version.
If changes are necessary due to changes on Microsoft’s site, these will be described and implemented as soon as the service provider becomes aware of them. The service provider assumes no liability for changes on the part of Microsoft.
There are dependencies on the information content provided by Microsoft. As a result, adjustments, updates, and improvements are made on a regular basis. Insofar as these are in the hands of the service provider, they will be announced with an appropriate lead time. If changes are necessary due to changes on the Microsoft website, these will be described and implemented as soon as the service provider becomes aware of them.

6. Disclosure

All rights to the contents remain with clouscout.one and the Schierding.one GmbH. A transfer of contents to other – also connected – legal entities is not permitted.
The customer undertakes to maintain confidentiality towards third parties.

7. scope of service

The service is limited to Office 365 services. Specifically, the information provided for Office 365 by Microsoft in the customer’s Microsoft 365 Roadmap and Office365 Message Center sources.
For changes to the scope, in particular the inclusion of additional performance features of Office 365 in the scope, the customer can request a contract amendment from the service provider at any time.

8. liability and guarantee

The service is provided with the greatest possible carefulness. The decision about measures is up to the customer.
The service provider is not liable for any damage caused using the services.
Delays in the services owed, which are due to the untimely provision of the obligations to cooperate or which are not the responsibility of the service provider or his subcontractors, shall in no case be for the account of the service provider.
NEITHER PARTY MAKES ANY WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, BY FACT OR LAW, OTHER THAN THOSE EXPRESSLY SET FORTH IN THIS AGREEMENT.
ALL INFORMATION IS PROVIDED “AS IS”. EACH PARTY MAKES NO WARRANTIES, EXPRESS, IMPLIED OR OTHERWISE, REGARDING ITS ACCURACY, COMPLETENESS OR PERFORMANCE.

9. Payment

The payment is required at the start of a subscription period. Delays in payment will immediately lead to the deactivation of access to the subscription. The access to the subscription will be granted again as soon as the payment is booked on our side.
There is no right for the customer for a grace period.

10. no refunds

as soon as the payment is booked on our side the is no option to get a refund. Only in the case that the service is discontinued will there be a pro rata refund calculated on a monthly basis.

11. general provisions

Additional agreements and amendments must be made in Written form.
Exclusive place of jurisdiction is Spaichingen, Germany
The law of the Federal Republic of Germany is applied.
Should individually provisions of this contract be or become invalid in whole or in part or not be or become feasible, the validity of the remaining provisions is not affected. The same applies in the event of a loophole in the regulations. In the event of an invalid or unenforceable provision or to fill a gap, the parties shall negotiate an appropriate and reasonable provision which, within the scope of legal possibilities, comes as close as possible to that which the contracting parties would have agreed upon if they had considered the point at the time the contract was concluded.

 

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