Schedule K: Microsoft 365 Services

1.1This Schedule applies to all Microsoft 365 services, Microsoft licences and related Microsoft cloud products supplied by Hosting UK.

1.2Hosting UK is a trading name of Easyspace Limited.

1.3This Schedule forms part of the Agreement and should be read together with the Master Services Agreement, the Acceptable Use Policy, the Privacy Policy, the Data Processing Addendum and any applicable Service Schedule.

1.4To the extent of any inconsistency between this Schedule and the Master Services Agreement, this Schedule shall prevail in relation to Microsoft 365 Services.

2.1Additional Seat means any additional Microsoft 365 licence, mailbox or user subscription purchased after the commencement of a Subscription.

2.2Annual Subscription means a Microsoft subscription with a fixed annual commitment period.

2.3Seat means an individual Microsoft 365 licence assigned to a user.

2.4Subscription means the Microsoft 365 service purchased by the Customer.

2.5NCE means Microsoft's New Commerce Experience licensing programme.

2.6MCA means the Microsoft Customer Agreement, as updated by Microsoft from time to time.

3.1Microsoft licences supplied by Hosting UK are provided pursuant to Microsoft's New Commerce Experience programme.

3.2Hosting UK acts as a reseller of Microsoft licences.

3.3The Customer acknowledges that Microsoft is the provider of the Microsoft Services, the Customer enters into the Microsoft Customer Agreement directly with Microsoft and use of Microsoft Services is subject to Microsoft's terms, policies and licensing requirements.

3.4The current Microsoft Customer Agreement is available at microsoft.com/licensing/docs/customeragreement or any successor location notified by Microsoft.

3.5The Customer is responsible for accepting and complying with the Microsoft Customer Agreement.

4.1Hosting UK will use reasonable endeavours to procure and provision Microsoft licences on behalf of the Customer.

4.2Hosting UK does not guarantee availability of Microsoft Services, availability of specific Microsoft products, continuity of Microsoft features or pricing continuity.

4.3Microsoft may modify services, withdraw features, alter licensing models or discontinue products without liability to Hosting UK.

5.1Annual Subscriptions are purchased for a minimum commitment period of twelve (12) months.

5.2Additional Seats may be purchased during the Subscription term.

5.3Additional Seats will be billed on a pro-rata basis until the Subscription renewal date.

5.4Seat reductions are not permitted during the Annual Subscription commitment period.

5.5Customers may reduce seat quantities only before the Subscription renewal date.

5.6For Annual Subscriptions, Customers may request reductions in licence quantities prior to renewal. Any request to reduce licence quantities must be received before the renewal invoice is generated.

5.7Invoices are generated in accordance with the Master Services Agreement and are normally issued thirty (30) days before renewal.

5.8Failure to pay before the Subscription renewal date may result in immediate cancellation of the Microsoft Subscription.

6.1Monthly Subscriptions renew automatically every month unless cancelled.

6.2Customers may increase seats, decrease seats or cancel licences subject to Microsoft's then-current NCE rules.

6.3Hosting UK reserves the right to refuse reductions or cancellations where prohibited by Microsoft licensing rules.

7.1Microsoft licence pricing may change at any time as a result of Microsoft price changes, exchange rate movements, taxation changes, regulatory changes or changes to Microsoft's licensing programmes.

7.2Hosting UK may amend pricing immediately where changes are imposed by Microsoft.

7.3The Customer shall pay all revised Charges from the effective date of such changes.

8.1The Customer is responsible for assigning licences, managing users, removing unused licences and ensuring adequate licence quantities.

8.2Hosting UK accepts no liability for over-provisioning or under-provisioning of licences requested by the Customer.

9.1Hosting UK may suspend Microsoft Services for non-payment, fraud prevention, where instructed by Microsoft or where required by law.

9.2Suspension of Services does not relieve the Customer from payment obligations.

9.3Microsoft may suspend or terminate services independently of Hosting UK.

10.1The Customer is responsible for maintaining backups of email, OneDrive data, SharePoint data, Teams data and any other Microsoft data.

10.2Microsoft 365 should not be considered a backup service.

10.3Hosting UK strongly recommends that Customers implement separate Microsoft 365 backup services.

11.1Hosting UK provides support relating to licence procurement, provisioning, billing and basic administration.

11.2Hosting UK does not provide end-user training, Microsoft application support, desktop support or consultancy services unless expressly agreed.

12.1Hosting UK shall not be liable for Microsoft's acts or omissions, Microsoft's outages, feature withdrawals, Microsoft licensing changes, loss of Microsoft data or service interruptions caused by Microsoft.

12.2The Customer's remedies for Microsoft service failures shall be limited to those made available by Microsoft under the Microsoft Customer Agreement.

13.1The Customer agrees to comply with Microsoft's licensing terms, acceptable use policies, product terms and privacy and security requirements.

13.2Where Microsoft modifies its terms or policies, those changes shall automatically apply to the Services from the date they become effective.

13.3If Microsoft requires Hosting UK to commit to a fixed term for licences purchased on behalf of the Customer, the Customer agrees to remain liable for all Charges for that commitment period notwithstanding early cancellation or non-use of the licences.