Microsoft Partner Support terms and conditions

This page goes into detail regarding both client and supplier responsibilities. If you feel something is missing or not easily understood, we welcome your feedback here.

An up to date copy of the Microsoft Customer Agreement can be obtained from here.

Note: Microsoft Customer Agreements (MCA) is different from the Microsoft Service Agreement. An MCA is for the purpose of a purchase agreement between the client and partner company.

Ownership – Who owns what?

The client (Subscriber)

DRJPCS LTD is a data processor meaning we don’t own or control any data that is stored in any of the Microsoft Services that a client will pay for on subscription.

When a backup solution is used for stored data, our responsibilities do not change as we still process the data for the purpose of ensuring that the data can be recovered upon request.

The client is responsible for the content and quantity of data stored on the subscribed tenant that we supply on behalf of Microsoft. This also extends to ensuring the data is secure from 3rd party unauthorized access by means of account security.

Where possible, DRJPCS LTD will advise and provide additional protections and recommendations to reduce the likelihood of breach or data loss to as close to zero percent as possible. Ultimately, DRJPCS LTD can not accept responsibility of loss or breach where the fault has not occurred internally within our organisation.

Upon termination or cancellation of services or subscriptions, the client is responsible for migration of data or backing up data before the service ceases.

The supplier (DRJPCS LTD)

DRJPCS LTD is responsible for ensuring the product or service is maintained to the requirements set out in our Partner Agreement with Microsoft directly.

We are providers of the products and services that Microsoft make available to us as a partner company, and in no way have ownership over any of the systems we supply.

As a partner company to Microsoft, we are a support channel for the products and services we sell.

For the responsibilities of the backup systems we use for Microsoft Business 365, please visit the section on backup data.

 

Compliance & Data – Who is responsible?

The client (Subscriber)

Compliance remains the sole responsibility of the client where quantity, accuracy, availability and search-ability of data is taken into account.

DRJPCS LTD is not responsible for failure to adhere to GDPR policy where a breach, loss of data, misplacement, inaccuracy or miscommunications have occurred as a result of internal business practices by the client. These occurrences are outside of our control.

Common points of failure outside of our control are, but not limited too, password breach, hacking, malware, data sharing and email transmission.

Unless such services have been added to the clients monthly service package, we do not offer any additional protection against these factors.

The supplier (DRJPCS LTD)

As the supplier, we are responsible for breach, loss of data, misplacement, inaccuracy or miscommunication of data if caused by internal practices by our organisation.

All members of staff who work with DRJPCS LTD and in a Microsoft Partner capacity have signed NDA (non-disclosure agreement) forms, legally binding them to never disclose or reveal information that we are granted access too. We are not able to provide specifics on these forms as each form will contain personally identifiable data, however, we can provide a company statement upon a chargeable request.

We may offer additional protections on a client tenant to reduce the likelihood of any breach or loss, but ultimately any protections we put in place without subscription or prior consent as a chargeable service does not necessarily mean we are doing so as a supported service or product.

Any protections in place outside of chargeable services can be removed without prior notice. 

Compliance reports on a client tenant are available on demand, and may be chargeable depending on the requirements of the reporting. 

DRJPCS LTD will by default recommend multiple forms of authenticating a user account through such means as multi-factor Authentication. The client is within their rights to reject or refuse this service. Doing so, will waiver any responsibilities of account security beyond resetting of passwords.

Account related data and responsibilities

What data is held by DRJPCS LTD in regards to account information?

As a partner company, we will be able to see all information on a tenant including personally identifiable data. We do not make copies of this data in any respect (with exception to backing up the data stored to 3rd party services) as we store client information separately inside alternative management systems which are covered by the GDPR policies set out in our Privacy Policy.

The exception to this, is billing information. As global administrators, the billing information is not available as this is stored per account, not per tenant. By tenant, we refer to this as the portal system in which all administrative functions are carried out.

DRJPCS LTD, upon request only, is able to access all data on any user account (with exception to previous paragraph) in order to administer, fix or delete. All forms of data alterations related to client stored data will be accompanied by ticket numbers and no member of staff shall undertake such activities without first accepting the request via our ticket system.

The accuracy of the data stored on a client tenant is the responsibility of the client and any alterations needed must be submitted to us via support channels before we will assist in correction of such data.

Some data may be shared with 3rd party companies in respect of business name, email addresses & business address in order to provide administrative services. Full details are available upon request at any time in writing in accordance with our Privacy Policy.

OneDrive and SharePoint stored data and it's responsibilities

The quantity, quality, protection and location of stored data is the responsibility of the client, however, DRJPCS LTD will make all efforts to provide additional services where the client agrees to the conditions and fees associated with such services. The client is able to reject or refuse these services, upon which waivers any additional protections that could have been in place should a breach or loss occur.

All employees of DRJPCS LTD can, upon request, access any stored OneDrive or SharePoint data for the purpose of accepting a valid request from an authorized person or persons of the organisation in which subscribes to the Microsoft tenant. Our employees are not permitted to access any client data stored on OneDrive or SharePoint without such requests. All requests regarding OneDrive or SharePoint data must be specific to the purpose of such requests, and additional activities relating to this will always be recorded in our ticket system, including the names of those who add additional tasks.

For clients who do not take out additional protections for OneDrive or SharePoint systems, there is a 30 day recoverable area in which deleted files can be recovered, however, we do not guarantee this as many factors can alter the reliability of such systems. 

Data backups and recovery

We use backup systems for Exchange (email), OneDrive and SharePoint on the Microsoft 365 Business tenant. We use SolarWinds Backup to perform these tasks. You can review their Data Sheets here which details the security and encryption of the services.

Our backup solutions are a chargeable service, and will appear on all invoices generated by us. If the backup service does not appear on any invoices, we have not applied the backup protection to your tenant. 

The data stored inside the backup solution is only available to DRJPCS LTD staff, and will not be disclosed to 3rd party companies under any circumstance. Copies of data from the backup can only be made by the author of such data (Client user), authorized persons in the clients organisation (Client Manager), or by a legal entity such as law enforcement or a court of law.

Data we hold on our backup solution can be removed completely upon request in writing, or, within 30 days of cancellation of backup services.

All backup data is held on UK Data Centers unless otherwise notified to the client.

The responsibility of the data stored on the backup system is the responsibility of DRJPCS LTD to provide the access to copies of such data. By default, a client has up to 1 year from the point of any file being deleted or moved. Limitations apply where recovery can’t be completed due to the client not being aware of the names or locations of missing files.

Email security and threat protection

The client is responsible for all content & recipients contained in email transmission, and should always use computer virus protection where recommended.

Breaches that occur as a result of incorrect recipients or incorrect identifiable data being sent to unauthorized 3rd parties is outside of our control and we can not be held liable for such breaches or loss.

We offer additional email protection which is added by default to all exchange based subscriptions. To have this removed must be done by submitting a request via our support channels.

As with all protections, there may be occurrences where email content from 3rd parties (also known as spam & phishing) may be delivered. We offer a full range of facilities to report these to prevent the sender sending additional unwanted content.

Details of your business name, personal name, business address and associated email accounts are provided to AppRiver when email security is applied. We use AppRiver for providing this additional email protection. You can view their GDPR policies here.

Cancellation policy of Microsoft Partner Services

By default, we require a 30 day written notice which needs to be submitted to our support channels. During this time, you are still responsible for maintaining payments to ensure that licences are kept active.

Upon cancellation, no data is moved or removed from the client tenant as we only supply licences in which to facilitate an active tenant supplied on behalf of Microsoft. If you do not maintain a valid user licence following cancellation, your data may be at risk as data storage services are tied in to cloud based subscriptions.

Cancellation of service means that we will provide an administrative account for the tenant (if one is not already in use by the client) which you can use to allow other 3rd party companies to use to access your tenant. We can not be held responsible for any activities, losses or breaches that occur as a result of providing this account information to other companies or persons.

When requested, we will provide a final settlement figure which is immediately payable within 14 days of the cancellation notice.

Microsoft licences are by default a rolling 12 month agreement as detailed in the Microsoft Services Agreement which you would have agreed to directly with Microsoft prior to initiating the service. We reserve the right to enforce settlement of anytime between 1 day to 365 days of remaining agreement and will calculate this value on a case per case basis.

Non-payment of service or removal of the Partner Link will by default will initiate the cancellation process as stated above. Cancellations through breach of commitment is an immediate disconnection of service without warning if all attempts to remedy the situation have been unsuccessful. Should this happen, your data and services are at high risk of loss. It is always advisable to contact us before this happens.

Failure to secure valid user licences following this will put any data stored on your tenant at risk. Always ensure you speak with us prior to cancellations to avoid loss of service or data.

Helpdesk responsibilites

Time frames and responses

Our Microsoft Partner Support packages are a chargeable service in which we are obligated to respond and resolve issues and challenges within a certain period of time – Subject to limitations.

By definition of “Microsoft Partner Support” we refer to the subscribed products that come under “Microsoft Business 365” and does not extend outside of this.

Our response time to businesses who don’t subscribe to Microsoft Support is 1 working day.

Our response time to businesses who do subscribe to Microsoft Support is 4 working hours.

Response times are measured from the point a ticket reference number is generated by us through means of automated response to a registered users email inbox. Contact via external methods outside of the help desk does not trigger any service level agreements.

Supply of licences does not provide support other than ensuring you can access the product you are subscribing too. Errors and modifications to the Microsoft tenant are chargeable at an hourly rate, unless Microsoft Support is subscribed on your account.

On average, we resolve Microsoft Business 365 related challenges the same working day. There may be times which escalation is required direct from Microsoft which may be outside of our control. These particular requests are not common, but can happen depending on the type of challenge.

Liabilities and restrictions

Microsoft Partner Support is limited to supporting a fault, alteration, removal or addition to the Microsoft tenant in which you subscribe too. This can include, but not limited too:

Microsoft 365 Apps for Business / Email Exchange / SharePoint faults / OneDrive / Word / Excel / Power Point and the online versions of these programs. Also includes password and account related security, as well as name changes and alterations to user accounts.

Our support package does not include “Microsoft Professional Services” which is a chargeable consultant lead project or service which is for the purpose of major changes or development of the Microsoft Business 365 service.

Submitting requests for support

When submitting support requests, these can be done by emailing support@drjpcs.com where additional information can be supplied in relation to this page.

Microsoft Partner Support Information: Change log

April 2020

17th – Page Created

October 2020

16th:
Microsoft Customer Agreement document made available for download via clickable link
Section “What data is held by DRJPCS LTD in regards to account information?” updated to advise 3rd party detail and how to ask for such information.

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