Terms & Conditions
This Jio Customer agreement (the "Agreement") is entered into between Customer (also referred to as "You") and Jio Platforms Limited a company incorporated under the Companies Act, 1956 with its registered office at 101, Saffron, Near Centre Point Panchwati,5 Rasta, Ambawadi Ahmedabad, Gujarat-380006, India (also referred to as "Jio", "we", or "us") and consists the terms contained herein and any additional terms Jio presents when an order is placed. The individual who accepts this Agreement represents that he or she is authorized to enter into this Agreement on behalf of the Customer. If you are not so authorized, or if you disagree with any of the terms of this Agreement, you must not use the Product provided in connection with / under this Agreement. Jio reserves the right to change, modify,add or remove portions of this Agreement. JIO will attempt to notify Customers in case of any significant updates/changes, however, it is a Customer's responsibility to review this Agreement periodically for updates / changes.
These Terms. This Agreement governs your purchase and use of, and Jio's provisioning of Product(s) on JioBusiness Cloud and/or Microsoft Azure Cloud, and applies to each order for Product(s) that you place with Jio, whetheron a standalone basis or part of a bundled offering.
Microsoft Terms. In addition to this Agreement, your purchase and use of Products shall at all times be subject to the terms of the Microsoft Customer Agreement and all other terms presented by Microsoft (including Exhibit 2) in connection with the Products ("Microsoft Terms ").
Jio Marketplace Partners Terms. In addition to this agreement your purchase and use of the product from Jio Marketplace shall at all times be subject to terms of Jio Marketplace Partners back-to-back applicable and to be accepted by customer
Bundled Offering. If you have purchased a Product as a part of a bundled offering from Jio, terms governing such bundled offering ("Bundling Terms ") shall also apply to you, all of which are included herein by reference. In the event of a conflict between the terms of such bundled offering and this Agreement, the terms of this Agreement shall take precedence, to the extent the conflict relates to a Product.
Microsoft 365 Business Starter SKU. If you have purchased / are eligible for the same as part of any bundled offer, the Microsoft 365 Business Starter SKU (as defined in Exhibit 2), the terms stipulated in Exhibit 2 will also apply to you.
You must accept the Jio and/or Microsoft Customer Agreement in the manner stipulated by Jio prior to placing your first order for Products with Jio. Notwithstanding your initial acceptance of the Jio and/or Microsoft Customer Agreement, you must re-accept all updated versions of the Jio and/or Microsoft Customer Agreement from time to time, as and when you are notified of the same by Jio and/or Microsoft . Each time you place an order for Product(s) with Jio / you use a Product / provision a Product, you represent to Jio that you have accepted the then current version of the Jio and/or Microsoft Customer Agreement. Your obligations
under this section shall be the essence of thisAgreement, and you shall indemnify, defend and hold Jio harmless from any Claim, loss, damage, inconvenience or costs arising due to your breach of this section.
You must accept the back-to-back Jio Market place Partner Customer Agreement in the manner stipulated by Jio prior to placing your first order for the respective Products with Jio. You must re-accept all updated versions of the Jio Marketplace Customer Agreement from time to time, as and when you are notified of the same by Jio Marketplace Partneror Jio. Each time you place an order for Product(s) with Jio / you use a Product / provision a Product, you represent to Jio that you have accepted the then current version of the Jio Marketplace partner Customer Agreement back-to-back applicable basis the product purchased. Your obligations under this section shall be the essence of this Agreement, and you shall indemnify, defend and hold Jio harmless from any Claim, loss, damage, inconvenience or costs arising due to your breach of this section
You hereby authorize Jio to provision the Product(s) ordered by you, and place orders for such Product(s) with Microsoft and any Jio Marketplace Partner products on your behalf. You authorize Jio to process and share your data forthe purpose of this Agreement or for fulfillment of Jio's obligations hereunder, or towards Microsoft and Jio Marketplace Partners. You acknowledge that acceptance of your orders and delivery or activation of Products shall be entirely at Microsoft's and Jio Marketplace Partners discretion.
You may order Products under this Agreement, only if you meet the applicable eligibility criteria set out by Microsoft and Jio Marketplace Partners from time to time including in the Customer Agreement. You may only place orders under this Agreement if you are located in India.
Jio hereby allows you to place orders for Products with Jio, subject to your compliance with this Agreement, Microsoft Terms and/or Jio Marketplace Partners back-to-back terms. Jio reserves the right to reject orders placed by you if it suspects you are in breach of this Agreement or the Microsoft Terms or Jio Marketplace Partners terms, or for any other bonafide reason. Further, the delivery of each Product shall at all times be subject to Microsoft's and/or Jio Marketplace Partner acceptance of orders placed by Jio on your behalf, solely at Microsoft's and/or Jio Marketplace Partners discretion. You acknowledge that Jio's role is limited to provisioning Products that you order and Jio is not responsible and shall not be liable for non-delivery or functioning of the Products. Your license with respect to Product subscriptions shall be governed by Microsoft and/or Jio Marketplace Partners Terms. Nothing contained herein shall be construed as a representation, warranty or commitment on behalf of Microsoft and/or Jio Marketplace Partners.
To order Products under this Agreement, you may be required to create and maintain an
account on the Jio Self Care Portal. You shall be responsible for maintaining the confidentiality of your account credentials including your username and password and you shall be responsible for all activities that occur through your account. We recommend that you maintain accurate and updated information at all times in your account. If we detect any misuse of your account or non-adherence to this Agreement or the Microsoft Terms or Jio Marketplace Partners Terms, we mayindefinitely suspend or terminate your account. You agree that Jio shall not be liable or responsible for the activities or consequences of use or misuse of any information that occursunder your account in cases, including, where you have failed to update your contact details on the Platform.
Except as expressly permitted in the Microsoft Terms and/or Jio Marketplace Partners Terms, Customer must not:
reverse engineer, decompile, or disassemble any Product, or attempt to do so; b)
install or use any other Third Party software or technology in any way that would subject: Microsoft's and/or Jio Marketplace Partners intellectual property or technology to any other license terms.
work around any technical limitations in a Product or restrictions in Productdocumentation.
separate and run parts of a Product on more than one device.
upgrade or downgrade parts of a Product at different times.
transfer parts of a Product separately or
distribute, sublicense, rent, lease, or lend any Products, in whole or in part, or use themto offer hosting services to a third party.
Use unlicensed / pirated version of the Product(s).
c) Customer will control access to and use of the Products by end users and is responsible for any use of the Products that does not comply with this Agreement or the Microsoft and Jio Marketplace Partners Terms.
Price. Unless otherwise specified, Product Fees will form part of the charges applicable as per the individual Product SKU's, Plans (as defined under respective product Bundling Terms) chosen and subscribed by you, under any Bundling Terms.
Payment Terms. Unless otherwise specified, payment terms will be as per the standard Product, Plans, Bundles Terms and conditions communicated to customer for the subscription.
Late Payment Charges: Unless otherwise specified in the Plan opted for by a Customer under Bundling Terms, a Customer's failure to make full payment of invoices hereunder shall accrue late payment charges at the rate of 2% per month.
Customer represents, warrants and covenants to Jio that:
Customer shall at all times comply with all applicable laws in connection with purchase and use of Products.
Customer shall at all times conduct its business activities with integrity and comply with anti-corruption laws and other laws prohibiting bribery, corruption, inaccurate books and records, inadequate internal controls, and money-laundering.
Customer shall pay Jio for all orders it places with Jio in the manner set out herein. With respect to each order, Customer agrees to furnish to Jio, at Jio's request, a binding written commitment in the format prescribed by Jio to pay for the Products ordered by the Customer.
Customer shall furnish information required by Jio from time to time, for Jio to comply with its reporting obligations to Microsoft and Jio Marketplace Partners
Customer shall not submit any false, incomplete, inaccurate or misleading information to Jio;
Customer shall comply with the terms of this Agreement, Microsoft Terms, Jio Marketplace Partners and Bundling Terms (if applicable) at all times.
Customer shall not indulge in any form of counterfeiting, theft, piracy, unauthorized access, or infringement of Software.
Customer shall at all times maintain qualifying base licenses on its hardware unit, necessary for installation of Products, for which Microsoft and Jio Marketplace Partners requires Customer to have such qualifying base licenses.
Customer represents to properly having obtained all prerequisite Software (including quantities thereto).
You acknowledge and agree that Jio does not exercise any control over any data, information or other content that You and/or Your end users upload to, or create in connection you're your use of the Products ("Customer Content"), and that You are solely responsible for Customer Content. Furthermore, You acknowledge and agree that Jio will have no liability or responsibility for any Customer Content.
Jio may, but will have no obligation to, perform certain functions associated with the purchase, activation, support and management of Customer purchased Products. The Customer shall co-operate with Jio, for the performance of such functions, as required by Jio from time to time. These Products are provided on an "as-is" and "as available" basis, and Jio does not guarantee that the Products will be free from any material faults, interruption or unavailability.
Jio will endeavor to assist the Customer with general queries pertaining to operational or technical support issues or questions related to the Products.
Jio may provide administrative access credentials to a Customer for Products ordered by such Customer, as passed on to Jio by Microsoft and Jio Marketplace Partners. In the event Jio requires access tosuch administrative access credentials provided to a customer, for the provision of technical support in respect of the Products ordered by a customer, Jio will abide by applicable law with respect to such administrative access credentials.
Disclaimer of Warranties. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM AND EXCLUDE, ON OUR BEHALF AND ON BEHALF OF OUR SUPPLIERS AND SUBCONTRACTORS, ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS
WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF TITLE, NON INFRINGEMENT, SATISFACTORY CONDITION, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO ANY PRODUCTS, PRODUCT DELIVERABLES, HOTFIXES, PRODUCTS, OR ANY OTHER MATERIALS OR INFORMATION.
b. Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS WORK ORDER, JIO NOR IT'S CONTRACTORS WILL BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL (INCLUDING WITHOUT LIMITATION, DAMAGES FOR BUSINESS INTERRUPTION, OR LOSS OF BUSINESS INFORMATION), SPECIAL, OR INCIDENTAL DAMAGES OR DAMAGES FOR LOSS OF PROFITS OR REVENUES ARISING IN CONNECTION WITH THE AGREEMENT, PRODUCTS DESCRIPTION, THIS WORK ORDER, ANY STATEMENT OF PRODUCTS, PRODUCT DELIVERABLES, HOTFIXES, PRODUCTS, OR ANY OTHER MATERIALS OR INFORMATION, EVEN IF ADVISED OF THEPOSSIBILITY OF SUCH DAMAGES OR IF SUCH POSSIBILITY WAS REASONABLY FORESEEABLE. IN ANY EVENT, WHATEVER THE LEGAL BASIS FOR YOUR CLAIMS, OURTOTAL LIABILITY (AND THAT OF OUR SUPPLIERS AND SUBCONTRACTORS) WILL BE LIMITED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TO DIRECT DAMAGES UP TO THE AMOUNT PAID IN THE AGGREGATE FOR THE PRODUCTS GIVINGRISE TO THE CLAIMS.
Jio may cancel a Subscription for a Customer. If such cancellation is due to a Customer's breach of this Agreement or the Microsoft Terms and/or Jio Marketplace Partner Terms, Jio will not provide a refund in connection with Jio's cancellation of a Subscription. Upon request, Jio may assist Customer with migration of its Customer Data at an additional charge.
Jio may temporarily disable a Customer's Subscription.
Microsoft and/or Jio Marketplace Partners may temporarily disable or cancel a Customer's Subscription for legal or regulatory reasons or as otherwise permitted under the Microsoft Terms and/or Jio Marketplace Partners Terms. Customer will notify Jio of such a disablement as soon as reasonably practicable.
Notwithstanding the foregoing, the Customer shall be liable to pay for any commitments made by Customer to Jio.
Nothing herein grants either Party a right or license over the other Party's trademarks, provided that Jio shall have the right to use the Customer's corporate name and logo for the purpose of identifying the Customer as Jio's customer for business promotion.
Confidential Information. "Confidential Information" is non-public information that is designated "confidential" or that a reasonable person should understand is
confidential, including, but not limited to, Customer Data, the terms of this Agreement, and Customer's account authentication credentials. Confidential Information does not include information that (1) becomes publicly available without a breach of a confidentiality obligation; (2) the receiving party received lawfully from another source without a confidentiality obligation; (3) is independently developed; or (4) is a comment or suggestion volunteered about the other party's business, products or services.
Protection of Confidential Information. Each party will take reasonable steps to protect the other's Confidential Information and will use the other party's Confidential Information only for purposes of the parties' business relationship. Neither party will disclose Confidential Information to third parties, except to its Representatives, and then only on a need-to-know basis under nondisclosure obligations at least as protective as this Agreement. Each party remains responsible for the use of Confidential Information by its Representatives and, in the event of discovery of any unauthorized use or disclosure, must promptly notify the other party.
Disclosure required by law. A party may disclose the other's Confidential Information if required by law, but only after it notifies the other party (if legally permissible) to enable the other party to seek a protective order.
Residual information. Neither party is required to restrict work assignments of its Representatives who have had access to Confidential Information. Each party agrees that the use of information retained in Representatives' unaided memories in the development or deployment of the parties' respective products or services does not create liability under this Agreement or trade secret law, and each party agrees to limit what it discloses to the other accordingly.
Customer consents to the processing of Personal Data by Jio and/or it's Partners and their respective Affiliates, and their respective agents and subcontractors, as provided in this Agreement. Before providing Personal Data to Jio, Customer will obtain all required consents from third parties (including Customer's contacts, Partners, distributors, administrators, and employees) under applicable privacy and Data Protection laws.
To the extent required by applicable Data Protection Laws, prior to obtaining Personal Data from Data Subjects, you will obtain their legally valid permission or have another valid legal basis to Process their Personal Data for the purpose of transferring it to Jio and and/or it's Partner. If obtaining user permission, such permission must comply with Laws as valid consent.
Jio's practices in connection with collection, handling and use of Personal Data are governed by Jio's privacy policy that can be accessed here: https://www.jio.com/en-in/privacy-policy
Customer agrees and acknowledges that Jio does not have access to Customer Data.
Jio reserves the right to conduct an audit to verify the Customer's compliance with this Agreement, in the manner communicated by Jio to Customer at the time of such audit.
Jio makes no warranties in relation to the Product or services provided hereunder and disclaims any express, implied or statutory warranties for Products, including warrantiesof quality, title, non-infringement, merchantability, and fitness for a particular purpose. Product warranties are as provided in the Microsoft Terms and/or Jio Marketplace Partners Terms.
Except as expressly set forth in this agreement, Jio does not make any additional promises, either express or implied, regarding Jio's performance under this agreement. The Products are provided on an "as-is" and "as available" basis, and Jio does not guarantee that the Products will be free of any material faults, interruption or unavailability.
HIGH RISK USE WARNING. THE PRODUCTS ARE NOT DESIGNED OR INTENDED FOR HIGH RISK USE SCENARIOS WHERE FAILURE OR FAULT OF ANY KIND OF THE PRODUCT COULD REASONABLY BE SEEN TO LEAD TO DEATH OR SERIOUS BODILY INJURY, OR TO SEVERE DAMAGE TO TANGIBLE OR INTANGIBLE PROPERTY OR THE ENVIRONMENT
Customer shall indemnify, defend and hold harmless Jio, its affiliates, and its and their officers, directors, employees, consultants, licensors, agents, business partners and representatives from and against any and all third party Claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from Customer's (1) intentional acts or omissions or gross negligence, or (2) purchase or use of the Products, or (3) breach of this Agreement, Jio and Microsoft Terms, Jio Marketplace Partners Terms or applicable law, (4) breach of all applicable Data Protection and Privacy Laws or (5) misappropriation of trade secret or infringement of a patent, copyright, trademark, or other proprietary right of a third party.
For the avoidance of doubt, Jio shall not be held liable for any loss, inconvenience, damage or expense that is not directly attributable to an act or omission of Jio or for any loss, inconvenience, damage or expense that does not arise out of Jio's delivery and/or supply of Products hereunder and the Customer hereby releases Jio and waives its right to institute any proceedings or Claim against Jio in connection with any such loss, inconvenience, damage or expense. Jio's aggregate liability shall be limited to the total amount that is paid to Jio by Customer for delivery and/or supply of Products in the preceding 12 months hereunder; it being clearly understood that such amount refers to only the sum paid to Jio for its delivery and/or supply Products and not the amount paid by Customer to Microsoft and Jio Marketplace Partners through Jio for procurement of licenses to Products.
In no event will either party be liable for indirect, incidental, special, punitive, or consequential damages, or loss of use, loss of profits, or interruption of business, however caused or on any theory of liability.
A Party will not be responsible for delays in, or impossibility of, performance under this Agreement to the extent that a Force Majeure Event caused the failure. A Force MajeureEvent will not apply to a Party's indemnification or defense obligations or a Party's financial obligations under this Agreement. The Impacted Party will promptly notify theother in writing of the occurrence and details of any Force Majeure Event that has caused, or is likely to cause, the Impacted Party to be unable to perform its obligationsunder this Agreement and will use diligent efforts to resume performance and ensurethe effects of such Force Majeure Event are minimized. Failure of the Impacted Party to perform under this Agreement for more than sixty
(60) consecutive days due to theoccurrence of a Force Majeure Event will, upon twenty-four (24) hours' written notice to the Impacted Party, represent a ground for termination by the other Party of this Agreement without termination fees or other liability or obligation.
Subject to the immediately following sentence, changes in Laws and acts of Governmental Authority will be considered a Force Majeure Event only to the extent that such changes or acts directly and materially affect the performance by the Impacted Party of its obligations under this Agreement, and such change was not obtained through the more than incidental efforts of the Impacted Party. In the event of a change in Laws or act of Governmental Authority, the Impacted Party will notify the other Party in writing, and both Parties will enter into good faith discussions to identify an alternative means of performance not prevented by such change or act. This section will not apply to any outstanding payment obligations under this Agreement or payment obligations that arise on account of Jio's continued provisioning of Product under this Agreement as long as such payment is not prohibited under Law or banking operations have entirely ceased.
Term . This Agreement is effective until terminated by a party as described below, or upon Jio ceasing to remain a partner with Jio Marketplace Partners and with Microsoft under the Microsoft Partner Program.
Termination without cause . Either party may terminate this Agreement without cause on 60 days' notice for "Pay as you Go" instances only. However, if you have placed the Orders for the Products as per Plans subscribed under the bundled offering, your right to terminate this agreement without cause will be primarily governed by respective Plan and Bundling Terms. As and when a Plan subscribed under Bundling Terms is surrendered or terminated, the provisioning of Products by Jio will also be ceased to be effective.
Termination for cause . Without limiting other remedies it may have, Jio may terminate this Agreement immediately upon Customer's material breach of these terms, Microsoft Customer Terms, Jio Marketplace Terms hereunder, or at Jio's option, upon 30 days' notice for material breach if the Customer fails to cure the breachwithin the 30-day notice period. Upon such termination, all discounts applicable and passed on by Jio to customer will be null and void from the order inception and all amounts due under any unpaid invoices shall become due and payable immediately. For Products billed periodically based on usage, Customer must immediately pay for unpaid usage as of the termination date.
Suspension. In case of Customer's breach of the terms of this Agreement or Microsoft
Terms or Jio Marketplace Partners Terms Jio may suspend provisioning Customer's orders or Customer's use of Productswithout terminating this Agreement during any period of such breach.
Termination by Partner's and/or Microsoft's action . This Agreement shall stand terminated in theevent Partner and/or Microsoft terminates a customer's status as a Customer, or directs Jio to do so.
Notwithstanding anything to the contrary, termination of this Agreement for any purpose shall not affect Customer's payment obligations towards Jio with respect to Products ordered prior to such termination.
Independent contractors. The parties are independent contractors.
Amendments. Jio may modify this Agreement from time to time. Jio may require Customer to accept revised or additional terms before processing a new order. Any additional or conflicting terms and conditions contained in a purchase order or otherwise presented by Customer are expressly rejected and will not apply.
Assignment. Customer may not assign this Agreement to an Affiliate or any other party with Jio's express written consent. Any attempted assignment without required approval will be void.
Severability. If any part of this Agreement is held to be unenforceable, the rest of the Agreement will remain in full force and effect.
Waiver. Failure to enforce any provision of this Agreement will not constitute a waiver. Any waiver must be in writing and signed by the waiving party.
Survival. All provisions survive termination of this Agreement except those requiring performance only during the term of the Agreement.
Notices. Notices must be in writing and will be treated as delivered on the date received at the address, date shown on the return receipt, email transmission date, or date on the courier or fax confirmation of delivery. Notices to Jio must be sent to the following address:
Notices to Customer will be sent to the individual at the address Customer identifies on its account as its contact for notices. Jio may send notices and other information to Customer by email or other electronic form.
Applicable law and Dispute Resolution. This Agreement will be governed by and construed in accordance with the laws of India and any disputes arising herein shall be subject to the exclusive jurisdiction of the Courts at Mumbai, India. The United Nations Convention on Contracts for the International Sale of Goods and its related instruments will not apply to this Agreement.
" Affiliate" means, with respect to a Person, any Person directly or indirectly Controlling, Controlled by, or under direct or indirect common Control with, such Person through one or more intermediaries. For the purposes of this definition of "Affiliate", "Control",
"Controlled" or "Controlling" shall mean, with respect to any Person, any circumstance in which such Person is controlled by whether whole or in part by any Person by virtue of the latter Person controlling (i) the composition of the board of directors or managers, or (ii) owning or controlling a percentage of the outstanding voting securities or interests of such Person, or (iii) the power to direct, administer, influence or dictate policies of the other, or (iv) otherwise, where all the (i), (ii) and (iii) as aforesaid is exercised either by matter of fact or operation of law or under any contractual arrangement or otherwise.
" Claim" means an action, cause of action, suit, or judicial claim brought by any third party (excluding Jio Affiliates).
" Confidential Information" means non-public information that is designated "confidential" or "proprietary" or that a reasonable person should understand is confidential given its content or the circumstances surrounding its disclosure, including the terms of this Agreement. Confidential Information does not include information that: (i) becomes publicly available without a breach of this Agreement; (ii) the receiving Party received lawfully from another source without a confidentiality obligation; (iii) is independently developed without reference to any Confidential Information of the disclosing Party; or (iv) is an unsolicited comment, suggestion or recommendation made by a Party about the other Party's business, products or services.
" Customer" means the legal entity that enters into this Agreement with Jio for ordering Products.
" Customer Data" has the meaning assigned to it in the Microsoft Customer Agreement.
" Data Protection Laws" means any and all Laws applicable to data security, protection, privacy, or the Processing of Personal Data,
" Force Majeure Event" means an act of God, fire, flood, earthquake, ice storm, or other natural disaster, solar flare, explosion, monsoon, extreme weather condition, national or regional emergency, pandemic, insurrection, embargo, blockade, a Governmental Authority's failure to act in a timely fashion, riots or other civil unrest, wars, invasions or hostilities (whether war is declared or not), acts of terrorism or threats of such acts, strikes, lockouts, labor disputes, labor stoppages or slowdowns and similar occurrences, in the case of each of the foregoing, that are beyond the reasonable control of the Party claiming delay or impossibility of performance (the " Impacted Party"). A Force Majeure Event does not include events caused by the negligent or intentional acts or omissions of the Impacted Party. For clarity, a Force Majeure Event
does not include interruptions at a given location that can be mitigated by a redundancy in an alternative location.
" Laws" means any and all applicable international, national, and local laws (including regulations and binding judicial law) as amended, extended, repealed and replaced, or reenacted.
" Microsoft" means Microsoft Corporation
"Jio Marketplace Partners" means Individual Software Vendors (ISV) and solution providers
"Microsoft Customer Agreement" means the Microsoft Customer Agreement entered into, or to be entered into, by and between a Customer and Microsoft, or a Microsoft Affiliate, that is used to grant rights to Products to such Customer, and the associated Microsoft license terms and use rights.
"Jio Marketplace Partners Terms" means the Jio Marketplace Partners Agreement entered into or to be entered into, by and between a Customer and Jio Marketplace Partners that is used to grant rights to Products to such Customer, and the associated license/Product terms and use rights.
"Partner" means a Vendors who sells and/or distributes and/or licenses it's products and/or services and/or software to the Customer through Jio.
"Person" means an individual, a corporation, a partnership, an association, a trust or any other entity or organization, including a government or political subdivision or an agency or instrumentality thereof.
"Personal Data" means any information relating to an identified or identifiable natural person (" Data Subject"). An identifiable natural person is one who can be identified, directly or indirectly, in particular by referencing an identifier such as a name, an identification number, location data, an online identifier, or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural, or social identity of that natural person.
"Product" means the Microsoft & Jio Marketplace Partners products and associated services like Annual Maintenance Contract / Annual Maintenance support, Implementation & Managed Services for which a customer places an order with Jio under this Agreement.
"Representative" means the employees, agents, contractors, advisors and consultants (Each acting in such respective capacity) of a Party or its Affiliate.
"Subscription" means a right to use a Product for a defined period of time.
By accepting the Microsoft 365 Business Starter SKU, you also accept and agree that the terms set forth below will be deemed additional Use Rights, as defined in your Microsoft Customer Agreement, with respect to your use of the Microsoft 365 Business Starter SKU. Forclarity, except as described herein, the Use Rights generally applicable to the Products that constitute the Microsoft 365 Business Starter SKU will still apply.
"Microsoft 365 Business Starter SKU" refers to that bundled 12-month Subscription offering that is available as per Microsoft-supported platforms and that includes the following Products: (a) Microsoft Office Online via supported web browsers; (b) Microsoft Office mobile apps (for mobile devices with up to a 10.1-inch screen) including Microsoft Outlook, Microsoft Word, Microsoft PowerPoint, Microsoft Excel, Microsoft OneNote; (c) Microsoft Exchange Essentials with up to 15 GB of email data storage; (d) Microsoft OneDrive for Business with up to 5 GB of data storage; (e) Microsoft Kaizala Pro and (f) Microsoft Teams with file sharing in Microsoft Teams channels limited to a total capacity of 1TB + 0.5GB per licensed end user (pooled at the tenant level and excluding meeting recordings).
"Listed Office 365 Plans" refers to certain Office 365 Service offers that may not be held prior to receipt of the Microsoft 365 Business Starter SKU. Your Partner will let you know which service offers qualify as "Listed Office 365 Plans".
"Office 365 Service" shall have the meaning ascribed to it in that entry of the Product Terms entitled "Office 365 Services", or its subsequent name. For the avoidance of doubt, the references to "Office 365 Service" in these terms will not be deemed to include "M365 Business Starter SKU".
"Permitted Office 365 Service Subscription" refers a Subscription to an Office 365 Service that is not a Listed Office 365 Plan.
All other capitalized terms used but not defined in this section will have the same meanings as provided in your Microsoft Customer Agreement.
Customers that have an active Subscription to, or have recently had an active Subscription to, a Listed Office 365 Plan are ineligible to license the Microsoft 365 Business Starter SKU.
Customers that meet Microsoft's Qualifying Government Eligibility Definition (found at www.aka.ms/governmenteligibility), or any of Microsoft's State Owned Entity Criteria (found at https://www.microsoft.com/enus/legal/compliance/anticorruption/criteria.aspx) are ineligible to license the Microsoft 365 Business Starter SKU.
Microsoft may terminate or suspend your access to the Microsoft 365 Business Starter SKU if it is provided to you and you are ineligible to license it.
Data Residency. If you are licensed Microsoft 365 Business Starter SKU, or convert your Microsoft 365 Business Starter SKU to another Online Services Subscription, then the "Location of Customer Data at Rest for Core Online Services" terms of the Online Services Terms will not apply.
Limit on Customer's end users. The Microsoft 365 Business Starter SKU may be provisioned to no morethan twenty-five (25) end users per tenant; you may not have more than one tenant.
Transitioning Data to and from the M365 Business Starter SKU.
If (i) you activate, or if your Partner activates on your behalf, an Office 365 Service Subscription on the same tenant on which you have already subscribed a M365 Business Starter SKU and (ii) licenses from that Office 365 Service Subscription are assigned to the same end users as the M365 Business Starter SKU, then Microsoft shall support you in the transfer of any data and settings associated with your M365 Business Starter SKU to your Office 365 Service Subscription.
If you have a Permitted Office 365 Service Subscription, then your Partner may subsequently provision a M365 Business Starter SKU to you. However, by accepting the M365 Business Starter SKU in this situation, you also accept and agree that:
Before moving to the M365 Business Starter SKU, you must manually back up the data for services which are not associated with the M365 Business Starter SKU but were associated with your Permitted Office 365 Service Subscription.
Any additional services associated with the Permitted Office 365 Service Subscription shall no longer be available and
Data for services which are part of the M365 Business Starter SKU shall be retained in accordance with the limits of the M365 Business Starter SKU.
