1.1 This Service Order (hereinafter referred to as “SO”) is an integral and substantial part of the General Terms and Conditions of Service of Swizzonic AG (hereinafter referred to as “GTC”). The GTC and this SO establish the terms and conditions for the provision of the M365 service, as described in more detail in the commercial offer, by Swizzonic AG, a company based in Zurich, Badenerstrasse 47, CH-8004, VAT number CHE-114.860.191 (hereinafter referred to as “Swizzonic” or “Company”) to the Customer. Capitalised terms used in this SO have the same meaning as defined in the GTC.
1.2 The commercial offer published online on the Company’s website or brought to the Customer’s attention through the Company’s commercial channels forms an integral part of this SO.
1.3 The Customer acknowledges that the M365 service is provided through the authorised reseller team.blue Denmark A/S, with registered office at Højvangen 4, 8660, Skanderborg, Denmark, VAT number DK29412006, which in turn purchases the product from Microsoft Corporation (hereinafter referred to as the “Provider” or “Microsoft”).
1.4 Therefore, in addition to accepting the GTC, this SO and the commercial offer, the Customer declares that it has read and accepts Microsoft’s contractual terms and conditions, contained in the document entitled Microsoft Customer Agreement (MCA), available at the following link: https://www.microsoft.com/licensing/docs/customeragreement, as well as the additional contractual documentation relating to the service, which is to be understood as fully referenced herein and which constitutes an integral and substantial part of this SO. Consequently, and notwithstanding the provisions of the GTC in this regard, the Customer acknowledges that Swizzonic is not involved in the processing of the Customer’s personal data carried out through the M365 service offered by Microsoft, which is governed exclusively by the aforementioned MCA. It is understood, however, that, as already indicated in the GTC, Swizzonic will only process the Customer’s personal data necessary for the management of the contractual relationship, in its capacity as data controller.
1.5 The Customer may purchase the service for the duration indicated in the commercial offer, it being understood that the M365 service is always activated for a minimum binding period of 1 (one) month, with monthly billing, and with a maximum duration of 12 (twelve) months. Upon expiry, the Service shall be automatically renewed for a further period of the same duration. For further information on renewal and termination conditions, please refer to our General Terms and Conditions (GTC).
1.6 The service is provided “as is”, without warranty of any kind. Swizzonic, as a mere reseller, therefore declines all responsibility for the correct functioning of the product.
1.7 The Customer declares that they shall indemnify and hold Swizzonic harmless from any and all prejudicial consequences, damages, actions, requests, claims of any nature, including those arising from third parties, resulting from actions or omissions by the Customer in violation of all the contractual conditions referred to in this SO.
1.8 Notwithstanding the provisions of the supplier's contractual terms and conditions referred to above, any dispute arising in connection with this agreement, including disputes concerning its validity, effectiveness, interpretation, performance and termination, amendments and enforcement, shall be referred exclusively to the Court of Zurich.