WURK - MICROSOFT 365 TERMS OF USE

Last Revised: 04/12/2024

PLEASE READ THIS AGREEMENT CAREFULLY, AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND REMEDIES.

1. OVERVIEW

This Microsoft 365 Terms of Use Agreement (this “Service Agreement”) is entered into by and between company ("WURK") and you, and is made effective as of the date of your use of this website ("Site") or the date of electronic acceptance. This Service Agreement incorporates the Universal Terms of Service Agreement  and the WURK Privacy Policy (all together “Agreement”) and this Agreement sets forth the general terms and conditions of your use of the Site and the products and services purchased or accessed through this Site (individually and collectively, the “Services”).

 

The terms “we”, “us” or “our” shall refer to WURK. The terms “you”, “your”, “User” or “customer” shall refer to any individual or entity who accepts this Agreement, has access to your account or uses the Services. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.

2. DESCRIPTION OF SERVICES

We offer varying email service plans:

Microsoft 365

1. Email Essentials: Microsoft 365 Email Essentials plan includes professional email and 10 GB email storage.

2. Email Plus: Microsoft 365 Email Plus plan includes professional email and 50 GB email storage.

3. Online Essentials: Microsoft 365 Online Essentials plan includes online versions of Microsoft Office, 1 TB online storage, and professional email.

4. Business Premium: Microsoft 365 Business Premium includes all the features of Online Essentials, plus 5 licenses to install Office on a computer, access to Microsoft’s Business apps, DocuSign, and the ability to generate HIPAA eligible emails.

5. Business Premium Enterprise Microsoft 365 Business Premium Enterprise plan includes professional email with the ability to purchase unlimited email users, 100 GB email storage and unlimited OneDrive storage, plus many of the same features of Business Premium.

Email Backup. 

Email Backup is a cloud-to-cloud Microsoft 365 Exchange backup service.It offers easy setup,fast search,one-click restore,and unlimited backup and retention to protect your emails,attachments,folders, calendars, contacts, tasks, notes, and journals. Customers can easily restore items individually, in bulk, or even an entire mailbox.

 

Email Migration.

 

The Email Migration Service includes the WURK team assisting in selecting the Microsoft 365 email plan that works best for you, creating each new account necessary and migrating all email content, including emails, calendar, and contact data, to your Microsoft 365 email.

 

Email Archiving 

 

Email Archiving service is an online service provided by Barracuda that allows you to store, retrieve, and easily search through emails sent to and from your Microsoft 365 email account(s). It may also be possible, determined on a case-by-case basis, to transfer already existing email data to the Email Archiving service after purchase utilizing WURK’s email ingestion services for additional cost.

 

Advanced Email Security 

 

Advanced Email Security is an online email encryption service provided by Inky that offers policy-driven, content-filtering and user initiated encryption features for your Microsoft 365 email account(s).

 

Business Management 

 

Business Management is an opportunity management application that works with your Microsoft 365 email plan. It offers an easy way to create and track leads, aggregate your business in a central location, add notes and set up tasks.

 

Microsoft Power BI 

 

Microsoft Power BI is a data visualization tool used to analyze data, create interactive reports and dashboards, and gain insights that will help you make decisions for your business.

 

Microsoft Visio

 

Microsoft Visio is a diagramming tool used to visually communicate complex information in the form of graphics like flowcharts, org charts, floor charts and timelines. There are dozens of ready-to-use templates and thousands of customizable shapes you can use to create powerful and easy-to-understand visuals.

Microsoft Planner 

 

Microsoft Planner is a web-based work management tool used to help your business manage tasks and projects. Whether you’re working on a small project or a large initiative, Planner can help you break down projects into manageable tasks, monitor progress in real time and allocate your resources effectively

Microsoft Copilot 

 

Microsoft Copilot is an AI-powered assistant that seamlessly integrates with the Microsoft 365 products that you’re already using, like Word, Outlook and Excel, and uses information from your files to give you summaries, draft new content, and answer your questions.

3. ACCOUNT TERMINATION; LIMITATIONS

User-Initiated Cancellation of the Services. 

 

You understand and agree that, once you cancel your Microsoft 365 account, you will no longer have access to your content and it may be permanently removed from the Services. Prior to cancellation, it is your responsibility to export, copy, or otherwise collect any desired content from the service before canceling your Microsoft 365 account.

4. YOUR OBLIGATIONS; REPRESENTATIONS AND WARRANTIES

1. Intellectual Property. You represent and warrant that you have the necessary rights to any data, software programs, or services that you use in connection with your access or use of the Products and that such activities do not infringe the intellectual property or other proprietary rights of any third party.

2. Renewal. As outlined in the Universal Terms of Service, your Microsoft 365 and/or email services Subscription(s) will auto-renew unless you timely opt out of such auto-renewal.

3. Contract Entity. You acknowledge and agree that if your billing address is in Brazil, Chile, Colombia, Costa Rica, Dominican Republic, Ecuador, El Salvador, Guatemala, Mexico, Panama, Paraguay, Peru, Puerto Rico, Trinidad & Tobago, United States, Uruguay, or Venezuela, this Agreement is between you and WURK.com, If your billing address is in Canada, this Agreement is between you and WURK Domains Canada, Inc. If your billing address is in the United Kingdom, Denmark, Norway, Sweden, Lichtenstein, Switzerland, Austria, Belgium, Bulgaria, Cyprus, Czech Republic, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, or Spain, this Agreement is between you and WURK Europe Limited.

 

5. PROVISIONS SPECIFIC TO MICROSOFT 365

1. Microsoft Terms and Conditions. 

 

We offer a variety of Microsoft products and services (“Products”). The Products are available for purchase as stand-alone products and some are occasionally included for free with the purchase of other products. Your use of the Microsoft 365 Services through the Cloud Solution Provider platform is subject to the Microsoft Customer Agreement), which is hereby incorporated by reference, including but not limited to terms therein governing privacy and the handling of your data. You hereby consent to the processing of your data and personal data by WURK, Microsoft, and their respective affiliates, subsidiaries, and service providers. You hereby acknowledge and agree that Microsoft may collect, use, transfer, disclose, and otherwise process your data, including personal data, as described in the Microsoft Customer Agreement.

2. Use of the Products. 

 

You agree to access and use the Products

(a) without violating the rights of any third party or purporting to subject WURK or Microsoft to any other obligations to you or any third party, and

(b)  solely in a manner that comply with all applicable laws and regulations. You consent for Microsoft to receive and use your information that Microsoft receives in order to provide the Products and uphold its responsibilities under this Agreement. WURK, and not Microsoft, will provide you with support for the Products.

 

 

 

 

3. Domain Name Registration. 

If you choose to associate the Microsoft 365 email service with a domain name, you must maintain your domain name registration in order to send and receive email messages. If the associated domain name expires, WURK reserves the right to suspend the associated Microsoft 365 email services until such time that the associated domain name is renewed.

4. Microsoft Marks. 

You may not use Microsoft's corporate name, technology names, and trademarks (logos, trade dress, designs, or word marks in stylized form) without Microsoft’s prior written approval.

 

5. HIPAA Compliance. 

 

If you are seeking HIPAA compliance after purchase, you agree that you are subject to the Wurk Business Associate Agreement.

 

 

6. PROVISIONS SPECIFIC TO MICROSOFT 365 EMAIL BACKUP AND EMAIL MIGRATION SERVICES

1. SkyKick Terms and Conditions. 

 

Your use of Microsoft 365 Email Backup and Email Migration Services is subject to the Customer Terms & Conditions, which are hereby incorporated by reference. Additionally, SkyKick is compliant with EU-US Privacy Shield Framework as stated in their Privacy Policy

 

2. Communications from SkyKick. 

 

You agree to receive communications from SkyKick (via email or other means) regarding SkyKick’s performance of the backup or migration-related services.

 

 

 

 

 

3. Email Backup Services. 

 

Email Backup will back up Your Data on a regular basis and store it securely in encrypted form on an online storage space provided by reputable third party storage providers (currently by Microsoft Azure). Once the backup process is completed, you will be able to monitor and restore the Data using the Self-Service Portal.

Other than for performing the Email Backup for routine maintenance, troubleshooting, and for other services with your consent, and subject to applicable law, SkyKick and WURK will not access Your Data without your permission and Your Data will be decrypted only per your authorization when you view or restore such Data. Raising a support ticket will implicitly constitute as giving SkyKick and WURK consent to access your data.

4. Copies of backups. 

 

Email Backup automatically copies your Exchange data throughout the day and stores the data in Microsoft Azure data centers. You can access the backups via a password-protected portal and restore data. Please contract WURK customer support directly for any issues.

 

5. SkyKick Access for Email Migration.

 

You hereby authorize WURK to grant SkyKick access to your systems and cloud computing accounts and to share with SkyKick your information, including, but not limited to emails, data, text, audio, video, images or other content as required for SkyKick to provide migration-related services, including administrative-level access. You agree to obtain consent and authorization from your employees, contractors, and agents to permit SkyKick to access and use such person’s email and system credentials for SkyKick to provide migration-related services.

 

 

 

7. PROVISIONS SPECIFIC TO ADVANCED EMAIL SECURITY AND EMAIL ARCHIVING SERVICES

1. Inky Terms and Conditions. 

Your use of Advanced Email Security services is subject to the Inky Hosted Services Agreement, which is hereby incorporated by reference.

2. Proofpoint Terms and Conditions. 

Customers still using Proofpoint for Advanced Email Security services will continue to be subject to the Proofpoint Essentials End User License Agreement, which is hereby incorporated by reference, until Proofpoint is no longer offered by WURK

3. Email Archiving. 

Your use of Email Archiving services is subject to the Barracuda Product Terms and Conditions, which are hereby incorporated by reference.

4. Limitations Regarding Activation. 

It is your right to determine which email accounts to associate with which registered domain names. You can also determine which domains will be part of the same Microsoft 365 organization/tenant. To activate Advanced Email Security, Email Archiving, Migration or Backup Services for a registered domain name, you must purchase the Advanced Email Security, Email Archiving, Migration or Backup Services for each and every individual email account associated with that domain name within Your Microsoft 365  organization/tenant.

 

 

 

5. License Terms and Updates. 

 

To the extent any APIs (including any data collection agent) or other software (collectively “Software”) is provided to You in connection with the Services, and subject to the payment of all Services fees due hereunder, WURK grants to You a revocable, non-exclusive, non-assignable, non-transferable, and non-sublicensable limited right and license during the term of this Agreement to download, install and use the Software, including any updates and/or modifications thereto (“Updates”), and any accompanying documentation, solely in connection with the applicable Services, and only by authorized end users. User shall be solely responsible for the installation and use of the Software, and WURK shall have no obligation or responsibility with respect thereto. You will comply with all applicable laws and regulations in your use of and access to the Services.

WURK may (but is not obligated to) periodically provide Updates, which must be installed by Licensee for its continued use of the Software and applicable Services. For clarity, any and all Updates shall be included in the definition of “Software” under the Terms.

Additionally, WURK reserves the right to audit (at least once annually) the total number of Microsoft 365 email accounts using the Advanced Email Security, Email Archiving, Migration or Backup Services throughout the term of the Agreement. In the event that the total number of Microsoft 365 email accounts using the Advanced Email Security, Email Archiving, Migration or Backup Services exceed the number of licensed accounts, WURK will invoice User for the difference.