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      Terms and Conditions for Microsoft 365

      (a service powered by Microsoft)

      By subscribing or accepting the Service Order (in the manner as we have determined) for Microsoft 365 or the “Service”, the Customer is deemed to acknowledge and agree to be bound by all these terms and conditions as set out in this Terms and Conditions and Service Order Form which together forms the entire agreement between the Company and the Customer.

      1. Definitions

        Capitalized terms in this Terms and Conditions shall have the following meanings.

        • (a)   “Company” refers to True Move H Universal Communication Co., Ltd. or the entity whose name appears in the Service Order (as the case may be).
        • (b)   “Customer(s)” means a corporate or unincorporated or any government agencies who registers for the Service.
        • (c)   “Fees” means the fees (as specified in each application form) payable by the Customer to TUC for the Service.
        • (d)   “Service” means Microsoft 365 service and its associated service(s) including any updates and enhancements offered by TUC herein.
        • (e)   “Service Order” or “Service Order Form” means a service order or any kind of documents, or online subscription portal or sign-up application, entered into between the Parties for Microsoft 365 and Domain Services (if applicable) where includes all terms as set out in this Terms and Conditions.
        • (f)   “Subscription Term” means the term of Service as specified in the application.
      2. Application for the Service
        1. The Customer acknowledges and agrees that the subscription of 1 TUC mobile number shall be entitled to receive 1 login User ID and Password for using the Service.
        2. Upon submitting the application for the Service, the Customer is required to fill the information in the MS CSP Form attached with this terms and conditions and submit supporting documents with all information being accurate, complete and current. The Customer undertakes to inform TUC of any updates or changes to such information or documents. The Customer gives consent to TUC, also acknowledges, and agrees that TUC will transfer the Customer’s information filled in the MS CSP Form to our partner for subscribing and providing the Service under this terms and conditions.
        3. The approval for the application is subject to TUC’s sole discretion and TUC may reject the Customer’s application for the Services without giving reasons whatsoever.
        4. In the event the Customer decides to cancel its application after the application has been approved by TUC, TUC shall charge the Customer and the Customer accepts to pay the Fees to TUC equal to the Fees for total amount of Subscription Term.
      3. Subscription Term
        1. Subject to the completion of Clause 2.3, the Service shall commence on the start date as specified in the application and continue for Subscription Term as specified therein.
        2. The Service shall automatically renew for additional periods equal to the expiring Subscription Term or 1 (one) year (whichever is shorter), unless either party gives the other notice of non-renewal at least sixty (60) days before the end of the Subscription Term or the renewal term.

      4. Customer’s Responsibilities

        The Customer shall:

        • (i)   prepare the equipment and internet connection for using the Service at its own cost and expense;
        • (ii)   acknowledge and agree that the Service shall be compatible with Windows 10, Windows 8.1, Windows 7 Service Pack 1, and the two most recent versions of macOS.
        • (iii)   acknowledge and agree to Microsoft Customer Agreement (https://www.microsoft.com/licensing/docs/customeragreement), Licensing Terms (https://support.microsoft.com/en-us/office/microsoft-software-license-terms-5476247d-05e5-4ac7-b77c-1b8cd229e91a) and Microsoft Acceptable Use Policy (https://legal.office.com/en-us/docid12 ) as may be modified from time to time;
        • (iv)   protect the secrecy of the login User ID and Password at all times and shall ensure that the login User ID and Password are not revealed or disclosed in any manner whatsoever to any person or persons whomsoever. The Customer shall be fully responsible for all use and liability resulting from access to the Service with its login User ID and Password. TUC shall hold the Customer solely responsible for unauthorized transactions under the Customer’s account.
        • (v)   not use the Services for unlawful, immoral or improper purposes or to violate others’ rights in any way and to take necessary steps to prevent fraudulent, improper or illegal use of the Service;
        • (vi)   comply with all laws, rules, regulations and requirements or restrictions imposed at the time being in force during the time of using the Service; and
        • (vii)   not resell or provide any of the Services to third party whether for profit or not.
        • (viii)   give consent or grant access to our partner for enabling to your information in order to receive the Services provided by our partner.
      5. Invoice and Payment Terms
        1. The Fees will be billed together with TUC’s telecommunication service invoice.
        2. All Fees shall be paid within 30 (thirty) days from the date that the Customer receives the applicable invoice.
        3. TUC shall be entitled to charge and the Customer shall be liable to pay TUC late payment charges on all overdue invoices at the rate of 1.5% per month, calculated from the day following the due date to the date of actual payment thereof.
        4. The Customer shall be responsible for all reasonable costs incurred by TUC in the collection of any overdue amount damages, liabilities and losses TUC may suffer or pay to others.

      6. Suspension

        TUC reserves the right to suspend any part of or all the Service with immediately effect in the event that:

        • (i)   the Customer breaches any terms of this terms and conditions;
        • (ii)   the Customer is suspected of fraud or using or allowing the Services to be used for fraud, or other illegal or improper purpose, or
        • (iii)   the Customer fails to pay the Fees and/or the service fee of TUC mobile number for 2 (two) consecutive months.
      7. Termination and Consequential of Termination
        1. TUC reserves the right to terminate any part of or all of the Services with immediate effect in the event:
          • (i)   the Customer breaches any terms of this terms and conditions;
          • (ii)   the Customer is suspected of fraud or using or allowing the Services to be used for fraud, or other illegal or improper purpose, or
          • (iii)   the Customer becomes bankrupt or insolvent or suspend its business, or files a voluntary petition of reorganization.
        2. Upon any termination as specified in Section 7.1 above, the Customer shall pay any unpaid Fees covering the remainder of the subscription term after the effective date of termination.
        3. TUC reserves the right to terminate or discontinue the Service, with or without cause at any time. TUC shall not be liable to the Customer or any other person for any damages, losses, cost or expenses howsoever caused by or arising out of termination of the Service.
        4. The Customer may terminate a Service by giving not less than 2 (two) months prior written notice to TUC. In the event that the Customer exercises its termination rights under this clause, the Customer agrees that it shall be liable to pay TUC the Fees for the remainder of the Subscription Term or the renewal term, as agreed liquidated damages, within 30 (thirty) days from the date of the Customer’s notice to terminate.
        5. The Customer acknowledges that once the Service is terminated, all data stored by the Customer in relation to the Service will be deleted and the Customer account removed. If the Customer requires the Service in future, the Customer will have to subscribe to the Service as a new Customer. The Customer shall not hold TUC responsible and shall hold TUC harmless from any claim arising from or in connection with the deletion or removal of such data.
      8. Disclaimer
        1. TUC does not warrant that the Service provided hereunder will be uninterrupted, error-free or completely secure and TUC hereby disclaims any and all implied warranties, including the implied warranties of merchantability, fitness for purpose and non-infringement. Except for the express warranties set out in this Agreement, all Services performed and provided are made available by TUC on an “as is” basis and the Customer’s use of the Service is at its own risk.
        2. TUC disclaims and excludes all liabilities from the Customer's usage of the Service. This applies to other service providers, and their officers, employees, contractors and agents or other persons to whom they are responsible, whether it relates to any act, omission or delay by these parties.
        3. TUC will not be liable for special, indirect or consequential damages including loss of profits, revenue, business and anticipated savings for any service interrupted which was caused beyond TUC's control but not limited to any event of force majeure.
        4. The Customer shall be solely responsible and TUC shall not be liable in any manner whatsoever for ensuring that the usage of the Service is in compliance with all applicable laws, rules and regulations for the use of any telecommunications systems, services or equipment being in force at the Customer's country.

      9. Indemnity

        The Customer agrees to indemnify TUC against all claims made against TUC due to the Customer breach, negligence or omission in using the Services. This includes claim for defamation, infringement of intellectual property rights, death, bodily injury, property damage or others and all.

      10. Tax

        The Customer shall be responsible for Value Added Tax (“VAT”) or other tax or changes and shall indemnify TUC for payment of the same.

      11. Intellectual Property Rights

        TUC grants the Customer a personal, limited, revocable, non-transferrable and non-exclusive license during the term to the Service solely as necessary for receipt of the Service in accordance with this terms and conditions and the applicable written and electronic documentation.

      12. Governing Law

        This Agreement shall be governed and construed in accordance with the laws of Thailand.

      13. Miscellaneous
        1. In the event of any inconsistency between this terms and conditions and Microsoft Customer Agreement and Licensing Terms, Microsoft Customer Agreement and Licensing Terms shall prevail.
        2. This terms and conditions may be amended by TUC from time to time by notice to the Customer in such manner as TUC deems appropriate. The Customer shall be bound by the terms and conditions so amended. If the Customer continues to use the Service provided after such notice, the Customer shall be deemed to have accepted the amendment.
        3. This terms and conditions does not constitute either party as the agent, partner, fiduciary or legal representative of the other for any purpose whatsoever, and a party has no express or implied authority to assume or create any obligation or responsibility on behalf of or in the name of the other party.
        4. A waiver of any provision of this terms and conditions, any breach of this terms and conditions or any right arising hereunder is effective only if in writing and signed by the party giving the waiver. The failure of a party at any time to require the performance of any provision of this terms and conditions shall not affect its right to require subsequent performance pursuant to that provision, nor shall any waiver by a party be deemed to be a waiver of any subsequent breach of such provision or a waiver of any other provision of this terms and conditions.