Microsoft 365 Email Administration Agreement

Microsoft 365 Email Administration Agreement

Summary:
Red OnX always does our best to fulfill your needs and meet your expectations, but it’s important to have things written down so that we both know what’s what, who should do what, and when, and what will happen if something goes wrong. In this contract, you won’t find any complicated legal terms or long passages of unreadable text. We have no desire to trick you into signing something that you might later regret. What we do want is what’s best for both parties, now and in the future.

Although the language is simple, the intentions are serious, and this contract is a legal document under the exclusive jurisdiction of Clark County of Nevada in the United States of America.

Definitions
This Email Administration Agreement (the “Agreement”) is an agreement between Red OnX (“us” or “our”) and you (“user”, “you” or “your”). In addition to you and us, we will refer to Microsoft (“Provider”) and Microsoft 365 products and services (“Provider’s Services”). This Agreement sets forth the general terms and conditions of your use of the products and services made available by Red OnX and of the RedOnX.com website (collectively, the “Services”) and the products and services of the Provider.

The Agreement
When you click through this Agreement or sign the contract it is attached to, you are entering into an agreement with Red OnX to provide services to you. This Agreement is to create an understanding of what each of us can expect, what is required, and what happens if something goes wrong. This Agreement and the accompanying contact overrides any previous proposals, agreements, negotiations, or any other written or oral communications between us related to the email administration and the Provider’s Services for the domain specified.

Occasionally, we may need to update this Agreement. The latest version will always be available on our website at https://redonx.com/legal/ms-office365-email-administration-agreement/. We don’t expect these to be much more than fine-tuning; however, there may be a need for a more substantial change. If that happens, we will let you know in writing. If you decide to continue our Services after that update, then you don’t need to do anything. If you disagree, just let us know in writing, and you have the right to terminate this Agreement. You understand if you terminate this Agreement, you are subject to any penalties and fees within this Agreement and the accompanying contract.

You agree you have the authority to enter into this contract on behalf of yourself, your company, or your organization. You are 18 years of age or older. The Services are intended only for Users who are 18 years of age or older. Any registration, use of, or access to the Services, by anyone under 18 is unauthored and a violation of this Agreement.

If you register or use the Services on behalf of another party, you agree that you are authorized to bind such other party to this Agreement and to act on such other party’s behalf with respect to any actions you take in connection with the Services.

Our Role
Red OnX will administer and maintain your email system through the Provider’s Services. Our duties include monitoring server performance, reviewing mail routing, DNS management, user account creation, security review and coordinating with the Provider for top-level support.

In addition to this Agreement, you also agree to the Provider’s agreements below.

Microsoft Privacy Statement
https://privacy.microsoft.com/en-us/privacystatement

Microsoft Online Subscription Agreement
https://portal.office.com/Commerce/Mosa.aspx

Microsoft Services Agreement
https://www.microsoft.com/en-us/servicesagreement

Technical Support
Technical support is limited to installation, activation and configuration of your email account on Microsoft Outlook. You or your staff may also submit a support request by contacting Red OnX support by phone. Phone support is available Monday through Friday between the hours of 9 am and 5 pm PST (excluding United States Federal Holidays) at 1-702-850-5059.

Good Contact Information
It is your responsibility to provide accurate, current, and complete information on all registration forms for the domain you are signing up for. If there is ever an abuse issue or we need to contact you, we will use this information we have on file. You agree that it is your responsibility to ensure the contact information for your account, including any domain account, is accurate, correct, and complete at all times. You also agree to keep your contact information accurate, current, and complete with any other third-party services or software associated with the Services provided by Red OnX. You agree Red OnX is not responsible for any disruptions or lapse of the Services caused by any third-party service and/or software due to incorrect information.

Red OnX is not responsible for any lapse in the Services, including but not limited to, any lapse domain registration due to outdated contact information associated with the domain.

Providing false contact information of any kind may result in the termination of your account.

The Services and any data you provide to Red OnX is hosted in the United States unless otherwise provided. If you access the Services from outside of the United States, you are voluntarily transferring information (potentially including personally identifiable information) and the content to the United States. You agree that our collection and use of storage and sharing of your information and the content is subject to the laws of, and not necessarily, the jurisdiction in which you are located.

Obey the Law
You agree to comply with all applicable laws, rules, and regulations. You understand that because laws are very complicated, both local and federal, you agree that you have a clear understanding of your obligations, or you have met with legal counsel who has advised you of your obligations.

You understand we may share data with third parties, such as the Provider, around the world to assist us in providing the Services as described in our privacy policy.

Regarding European Directive 95/46/EC, the General Data Protection Regulation 2016/679) (“GDPR”), you have a clear understanding of your obligations, or you have met with legal counsel who has advised you of your obligations. You understand that Red OnX does not provide GDPR assistance or compliance with the Services.

We are not HIPAA (Health Insurance Portability and Accountability Act) compliant. You are solely responsible for any applicable compliance with federal or state laws governing HIPAA compliance.

Payments
It is your responsibility to ensure that your payment information is up-to-date and that all invoices are paid on time. You agree to pay for the Services in advance of the time period for which the Services are provided. You understand that there are no refunds or prorated amounts for the Services. All payment plans are on an automatic renewal program, and you will be billed automatically on a reoccurring basis to prevent any disruption to your Services. If we do not receive a payment within 3 days, your Services may be interrupted. You may cancel at any time. However, a $250 cancellation fee will be applied if you cancel with prior to the end of your contract, in addition to any fees within outlined within the accompanying contract. Any costs or labor to transfer your email addresses will be at your expense. If you need assistance transferring or exporting your email addresses, please contact Red OnX for a quote.

The Small Print
Just like a parking ticket, you can’t transfer this contract to anyone else without our permission. This contract stays in place and need not be renewed.

We can’t guarantee that our work will be error-free, and so we can’t be liable to you or any third-party for damages, including lost profits, lost savings, or other incidental, consequential or special damages, even if you’ve advised us of them.

We both agree to do everything within our power to reasonably resolve any issues that come up. In the event either of us feels we need to take legal action against one another, we are agreeing that we are responsible for our own attorney fees and any other costs associated with taking such legal action. We also agree we are only entitled to the cost of this service and any late fees. We also agree to settle any legal action in Clark County of Nevada in the United States of America.

You agree to indemnify and hold harmless, protect, and defend our subcontractors and us from any claim or suit arising from your use of the Provider’s Services and its elements. In other words, we will not be responsible for your use of the Provider’s Services.

Finally, if any provision of this contract shall be unlawful, void, or for any reason is unenforceable, then that provision shall be deemed severable from this contract and shall not affect the validity and enforceability of any remaining provisions.