ACCEPTABLE USE POLICY

This Acceptable Use Policy (hereinafter the “AUP”) is incorporated by reference in your Managed Services Agreement with Galaxy IT.  Your services may be suspended or terminated for violation of this AUP in accordance with your Managed Services Agreement with Galaxy IT. Capitalized terms used in this AUP shall have the meaning given in your Managed Services Agreement.

Inquiries regarding this policy should be directed to [email protected].

1. ABUSE.
You may not use Galaxy IT’s network or services to engage in, foster, or promote illegal, abusive, or irresponsible behavior, including:

• Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network;
• Monitoring data or traffic on any network or system without the express authorization of the owner of the system or network;
• Interference with service to any user of the Galaxy IT or other network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks;
• Use of an Internet account or computer without the owner’s authorization;
• Collecting or using email addresses, screen names or other identifiers without the consent of the person identified (including, without limitation, phishing, Internet scamming, password robbery, spidering, and harvesting);
• Collecting or using information without the consent of the owner of the information;
• Use of any false, misleading, or deceptive TCP-IP packet header information in an email or a newsgroup posting;
• Use of the service to distribute software that covertly gathers information about a user or covertly transmits information about the user;
• Use of the service for distribution of advertisement delivery software unless: (i) the user affirmatively consents to the download and installation of such software based on a clear and conspicuous notice of the nature of the software, and (ii) the software is easily removable by use of standard tools for such purpose included on major operating systems; (such as Microsoft’s “ad/remove” tool); or
• Any conduct that is likely to result in retaliation against the Galaxy IT network or website, or Galaxy IT’s employees, officers or other agents, including engaging in behavior that results in any server being the target of a denial of service attack (DoS).

3. BULK EMAIL.
   You may not use a Galaxy IT Mail Service (such as Galaxy IT’s Microsoft Exchange®) to send bulk mail. Please see the applicable Product Terms and Conditions for those services.
4. MAIL REQUIREMENTS.
   You must comply with the CAN-SPAM Act of 2003 and other laws and regulations applicable to bulk or commercial email. In addition, your bulk and commercial email must meet the following requirements:

• Your intended recipients have given their consent to receive email from you via some affirmative means, such as an opt-in procedure;
• Your procedures for seeking consent include reasonable means to ensure that the person giving consent is the owner of the email address for which consent is given;
• You retain evidence of each recipient’s consent in a form that can be promptly produced on request, and you honor recipient’s and Galaxy IT’s requests to produce consent evidence within 72 hours of receipt of the request;
• You have procedures in place that allow a recipient to revoke their consent – such as a link in the body of the email, or instructions to reply with the word “Remove” in the subject line; you honor revocations of consent within 48 hours, and you notify recipients that the revocation of their consent will be implemented in 48 hours;
• You must post an email address for complaints (such as [email protected]) in a conspicuous place on any website associated with the email, you must register that address at abuse.net, and you must promptly respond to messages sent to that address;
• You must have a Privacy Policy posted for each domain associated with the mailing;
• You have the means to track anonymous complaints;
• You may not obscure the source of your email in any manner, such as omitting, forging, or misrepresenting message headers or return addresses. Your email must include the recipients email address in the body of the message or in the “TO” line of the email;
• The subject line of the email must clearly describe the subject matter contained in the email, and the message must include valid contact information; and
• You must not attempt to send any message to an email address if three consecutive delivery rejections have occurred and the time between the third rejection and the first rejection is longer than fifteen days.
• These policies apply to messages sent using your Galaxy IT services, or to messages sent from any network by you or any person on your behalf that directly or indirectly refer the recipient to a site or an email address hosted via your Galaxy IT service. In addition, you may not use a third party email service that does not practice similar procedures for all its customers. These requirements apply to distribution lists prepared by third parties to the same extent as if the list were created by you.

  Galaxy IT may test and otherwise monitor your compliance with its requirements. Galaxy IT may block the transmission of email that violates these provisions. Galaxy IT may, at its discretion, require certain customers to seek advance approval for bulk and commercial email, which approval will not be granted unless the customer can demonstrate that all of the requirements stated above will be met.

5. UNSOLICITED COMMUNICATIONS.
   You may not use your service to send email or any other communications to a person who has indicated that they do not wish to receive it. If the communication is bulk mail, then you will not be in violation of this section if you comply with the 48 hour removal requirement described above.

   6. VULNERABILITY TESTING.
   You may not attempt to probe, scan, penetrate or test the vulnerability of a Galaxy IT system or network, or to breach Galaxy IT’s security or authentication measures, whether by passive or intrusive techniques, without Galaxy IT’s express written consent.

   7. NEWSGROUP, CHAT FORUMS, OTHER NETWORKS.
   You must comply with the rules and conventions for postings to any bulletin board, chat group or other forum in which you participate, such as IRC and USENET groups including their rules for content and commercial postings. These groups usually prohibit the posting of off-topic commercial messages, or mass postings to multiple forums.

   You must comply with the rules of any other network you access or participate in using your Galaxy IT services.

   8. OFFENSIVE CONTENT.
   You may not publish, transmit or store on or via Galaxy IT’s network and equipment any content or links to any content that Galaxy IT reasonably believes:

• Constitutes, depicts, fosters, promotes or relates in any manner to child pornography, bestiality, or non-consensual sex acts;
• is excessively violent, incites violence, threatens violence, or contains harassing content or hate speech;
• is unfair or deceptive under the consumer protection laws of any jurisdiction, including chain letters and pyramid schemes;
• is defamatory or violates a person’s privacy;
• creates a risk to a person’s safety or health, creates a risk to public safety or health, compromises national security, or interferes with an investigation by law enforcement;
• improperly exposes trade secrets or other confidential or proprietary information of another person;
• is intended to assist others in defeating technical copyright protections;
• infringes on another person’s copyright, trade or service mark, patent, or other property right;
• promotes illegal drugs, violates export control laws, relates to illegal gambling, or illegal arms trafficking;
• is otherwise illegal or solicits conduct that is illegal under laws applicable to you or to Galaxy IT; or
• is otherwise malicious, fraudulent, or may result in retaliation against Galaxy IT by offended viewers or recipients, or is intended to harass or threaten.
• Content “published or transmitted” via Galaxy IT’s network or equipment includes Web content, email, bulletin board postings, chat, tweets, and any other type of posting or transmission that relies on the Internet.

9. LIVE EVENTS.
   You may not use your Galaxy IT services to stream live sex acts of any kind, even if the content would otherwise comply with the AUP. Galaxy IT may prohibit you from streaming other live events where there is a special risk, in Galaxy IT’s reasonable discretion, that the event may violate the Offensive Content section above.

   10. COPYRIGHTED MATERIAL.
   You may not use Galaxy IT’s network or services to download, publish, distribute, or otherwise copy or use in any manner any text, music, software, art, image, or other work protected by copyright law unless:

• you have been expressly authorized by the owner of the copyright for the work to copy the work in that manner; or
• you are otherwise permitted by established copyright law to copy the work in that manner.
• It is Galaxy IT’s policy to terminate in appropriate circumstances the services of customers who are repeat infringers.

11. SHARED SYSTEMS.
    You may not use any shared system provided by Galaxy IT in a way that unnecessarily interferes with the normal operation of the shared system, or that consumes a disproportionate share of the resources of the system. For example, we may prohibit the automated or scripted use of Galaxy IT Mail Services if it has a negative impact on the mail system, or we may require you to repair coding abnormalities in your Cloud-hosted code if it unnecessarily conflicts with other Cloud customers’ use of the Cloud. You agree that we may quarantine or delete any data stored on a shared system if the data is infected with a virus, or is otherwise corrupted, and has the potential to infect or corrupt the system or other customers’ data that is stored on the same system.

    12. OTHER.

• You must have valid and current information on file with your domain name registrar for any domain hosted on the Galaxy IT network.
• You may only use IP addresses assigned to you by Galaxy IT in connection with your Galaxy IT services.
• You agree that if the Galaxy IT IP numbers assigned to your account are listed on an abuse database like Spamhaus, you will be in violation of this AUP, and Galaxy IT may take reasonable action to protect its IP numbers, including suspension and/or termination of your service, regardless of whether the IP numbers were listed as a result of your actions:

13. SERVICE-LEVEL AGREEMENT.
    No credit will be available under a Galaxy IT service level guaranty or agreement for interruptions of service resulting from AUP violations.

Physical Access
The Galaxy IT servers used to provide the Services will be located in a controlled-access data center operated by Galaxy IT or a Galaxy IT affiliated company. Access to the data center will be restricted to Galaxy IT employees or its agents who need access for the purpose of providing the services. The data center will be monitored by video surveillance. Entrance to the data center will be authorized by proximity-based access cards and biometric hand scanners or other approved security authentication methods.

Galaxy IT Personnel
• Screening. Galaxy IT will perform pre-employment background screening of its employees who have access to customers’ accounts.
• Access. Galaxy IT will restrict the use of administrative access codes for customer accounts to its employees and other agents who need the access codes for the purpose of providing the services. Galaxy IT personnel who use access codes shall be required to log on using an assigned user name and password.

Reports of and Response to Security Breach.
Galaxy IT will immediately report to you any unauthorized access or release of your information of which we become aware. Upon request, we will promptly provide to you with all the information and documentation that we have available to us in connection with any such event.

Your privacy is very important to us. Accordingly, we have developed this policy in order for you to understand how we collect, communicate, and make use of personal information. The following outlines our privacy policy:

When accessing the Galaxy IT website, Galaxy IT will learn certain information about you during your visit. Similar to other commercial websites, our website utilizes a standard technology called ‘cookies’ (see explanation below) and server logs to collect information about how our site is used. Information gathered through cookies and server logs may include the date and time of visits, the pages viewed, time spent at our site, and the websites visited just before and just after our own, as well as your IP address.

Use of Cookies
A cookie is a very small text document, which often includes an anonymous unique identifier. When you visit a website, that site’s computer asks your computer for permission to store this file in a part of your hard drive specifically designated for cookies. Each website can send its own cookie to your browser if your browser’s preferences allow it, but (to protect your privacy) your browser only permits a website to access the cookies it has already sent to you, not the cookies sent to you by other sites.

IP Addresses
IP addresses are used by your computer every time you are connected to the Internet. Your IP address is a number that is used by computers on the network to identify your computer. IP addresses are automatically collected by our web server as part of demographic and profile data known as “traffic data” so that data (such as the Web pages you request) can be sent to you.

Email Information
If you choose to correspond with us through email, we may retain the content of your email messages together with your email address and our responses. We provide the same protections for these electronic communications that we employ in the maintenance of information received online, mail, and telephone. This also applies when you register for our website, sign up through any of our forms using your email address or make a purchase on this site. For further information see the email policies below.

How Do We Use the Information That You Provide to Us?
Broadly speaking, we use personal information for purposes of administering our business activities, providing customer service, and making available other items and services to our customers and prospective customers.

Galaxy IT will not obtain personally-identifying information about you when you visit our site, unless you choose to provide such information to us, nor will such information be sold or otherwise transferred to unaffiliated third parties without the approval of the user at the time of collection. We may disclose information when legally compelled to do so, in other words, when we, in good faith, believe that the law requires it or for the protection of our legal rights.

Email Policies
We are committed to keeping your email address confidential. We do not sell, rent, or lease our subscription lists to third parties, and we will not provide your personal information to any third-party individual, government agency, or company at any time unless strictly compelled to do so by law.
We will use your email address solely to provide timely information about Galaxy IT. We will maintain the information you send via email in accordance with applicable federal law.

CAN-SPAM Compliance
In compliance with the CAN-SPAM Act, all email sent from our organization will clearly state who the email is from and provide clear information on how to contact the sender. In addition, all email messages will also contain concise information on how to remove yourself from our mailing list so that you receive no further email communication from us.

Choice/Opt-Out
Our site provides users the opportunity to opt-out of receiving communications from us and our partners by reading the unsubscribe instructions located at the bottom of any email they receive from us at any time.
Users who no longer wish to receive our newsletter or promotional materials may opt-out of receiving these communications by clicking on the unsubscribe link in the email.

Use of External Links
Galaxyitnow.com may contain links to many other websites. Galaxy IT cannot guarantee the accuracy of information found at any linked site. Links to or from external sites not owned or controlled by Galaxy IT do not constitute an endorsement by Galaxy IT or any of its employees of the sponsors of these sites or the products or information presented therein.
By accessing this website, you are agreeing to be bound by these website Terms and Conditions of Use, all applicable laws, and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials
contained in this website are protected by applicable copyright and trademark law.

Intellectual Property Rights
All copyrights, trademarks, patents and other intellectual property rights in and on our website and all content and software located on the site shall remain the sole property of Galaxy IT or its licensors. The use of our trademarks, content and intellectual property is forbidden without the express written consent from Galaxy IT.

You must not:
Republish material from our website without prior written consent.
Sell or rent material from our website.
Reproduce, duplicate, create derivative, copy or otherwise exploit material on our website for any purpose.
Redistribute any content from our website, including onto another website.

Acceptable Use
You agree to use our website only for lawful purposes, and in a way that does not infringe the rights of, restrict or inhibit anyone else’s use and enjoyment of the website. Prohibited behavior includes harassing or causing distress or inconvenience to any other user, transmitting obscene or offensive content or disrupting the normal flow of dialogue within our website.
You must not use our website to send unsolicited commercial communications. You must not use the content on our website for any marketing related purpose without our express written consent.

Restricted Access
We may in the future need to restrict access to parts (or all) of our website and reserve full rights to do so. If, at any point, we provide you with a username and password for you to access restricted areas of our website, you must ensure that both your username and password are kept confidential.

Use of Testimonials
In accordance with the FTC guidelines concerning the use of endorsements and testimonials in advertising, please be aware of the following:

Testimonials that appear on this site are actually received via text, audio or video submission. They are individual experiences, reflecting real life experiences of those who have used our products and/or services in some way. They are individual results, and results vary. We do not claim that they are typical results. The testimonials are not necessarily representative of all of those who will use our products and/or services.

The testimonials displayed in any form on this site (text, audio, video or other) are reproduced verbatim, except for correction of grammatical or typing errors. Some may have been shortened. In other words, not the whole message received by the testimonial writer is displayed when it seems too lengthy or not the whole statement seems relevant for the general public.

Galaxy IT is not responsible for any of the opinions or comments posted on www.Galaxyitnow.com. Galaxy IT is not a forum for testimonials, however, provides testimonials as a means for customers to share their experiences with one another. To protect against abuse, all testimonials appear after they have been reviewed by management of Galaxy IT. Galaxy IT does not share the opinions, views or commentary of any testimonials on Galaxy IT – the opinions are strictly the views of the testimonial source.

The testimonials are never intended to make claims that our products and/or services can be used to diagnose, treat, cure, mitigate, or prevent any disease. Any such claims, implicit or explicit, in any shape or form, have not been clinically tested or evaluated.

How Do We Protect Your Information and Secure Information Transmissions?
Email is not recognized as a secure medium of communication. For this reason, we request that you do not send private information to us by email. However, doing so is allowed, but at your own risk. Some of the information you may enter on our website may be transmitted securely via a secure medium known as Secure Sockets Layer, or SSL. Credit card information and other sensitive information is never transmitted via email.

Galaxy IT may use software programs to create summary statistics, which are used for such purposes as assessing the number of visitors to the different sections of our site, what information is of most and least interest, determining technical design specifications, and identifying system performance or problem areas.

For site security purposes and to ensure that this service remains available to all users, Galaxy IT uses software programs to monitor network traffic to identify unauthorized attempts to upload or change information, or otherwise cause damage.

Disclaimer and Limitation of Liability
Galaxy IT makes no representations, warranties, or assurances as to the accuracy, currency or completeness of the content contain on this website or any sites linked to this site.

All the materials on this site are provided ‘as is’ without any express or implied warranty of any kind, including warranties of merchantability, non-infringement of intellectual property or fitness for any particular purpose. In no event shall Galaxy IT or its agents or associates be liable for any damages whatsoever (including, without limitation, damages for loss of profits, business interruption, loss of information, injury or death) arising out of the use of or inability to use the materials, even if Galaxy IT has been advised of the possibility of such loss or damages.

Policy Changes
We reserve the right to amend this privacy policy at any time with or without notice. However, please be assured that if the privacy policy changes in the future, we will not use the personal information you have submitted to us under this privacy policy in a manner that is materially inconsistent with this privacy policy, without your prior consent.

We are committed to conducting our business in accordance with these principles in order to ensure that the confidentiality of personal information is protected and maintained.

Information & Disclosures of Personal Data Under GDPR
GDPR requires that personal data from the EEA is subject to special protection. GDPR also provides EU-based individuals with certain individual rights with respect to their personal information. We will make all reasonable efforts to abide by GDPR and provide at least the same level of data protection for personal data received and processed from the EU as the privacy protections set forth in our privacy policy. We will also make reasonable attempts to accommodate requests by Data Subjects to exercise GDPR rights. Where necessary and appropriate, we have implemented organizational and technical measures that include internal data protection policies and maintaining documentation on our processing activities.

Our UNLIMITED REMOTE SUPPORT AGREEMENT includes troubleshooting, configuration, and setup of the following applications:

 

Supported Services:

• Microsoft Outlook
• Microsoft Word
• Microsoft Excel
• Microsoft PowerPoint
• Microsoft OneDrive
• Microsoft Teams
• Microsoft 365 Admin Center
• VPN (Cisco AnyConnect and Sophos)
• Sophos Anti-virus Application
• Adobe Acrobat Reader
• Zoom
• Dropbox
• Google Drive
• WinZip and 7-Zip
• Cisco Webex
• GoToMeeting
• Windows Update and Patch Management
• Windows 7, 8, 10 11 and 12 (Official Release) Operating System Setup/Configuration/Troubleshooting of OS related tasks.
• Windows Server 2016, 2019, 2022 Operating System Setup/Configuration/Troubleshooting of OS related tasks.
• Google Chrome, Microsoft Edge, or Mozilla Firefox
• Quickbooks Desktop & Quickbooks Server
• 3^rd Party Patch Management
• Sophos Managed Anti-virus installation and monitoring.
• Printer and Scanner Support
• Individual file recovery using our backup services

 

Billing for Non-Listed Services:

For any applications or services not listed above, we will bill on an hourly basis in 15-minute increments, rounded up.

Excluded Services:

Services that are NOT included in any UNLIMITED REMOTE SUPPORT AGREEMENT are as follows:

• Incident Management
• Cybersecurity threat investigations
• Virus/Malware/Ransomware investigations
• NOC Services
• SQL Server Management
• Wi-Fi Management (separate agreement required)
• End-user Training
• Phone System, PABX and VoIP Management
• VMware Software and VMware Servers
• Specialized and proprietary software
• EMR or CRM software
• Large amounts of Data Recovery
• Disaster Data Recovery Services
• Server rebuilds
• Projects
• Chromebooks
• Compliance, Compliance Scanning, and Compliance Auditing
• Fixing previously misconfigured/broken AD, GPOs, DHCP, DNS, SQL, or any other Windows Server services.
• Azure Support
• Intune Support
• Set up of new workstations or servers not under the existing Managed Services Agreement
• Galaxy IT is not responsible for troubleshooting 3rd party desktop or server software that does not include an active support contract with the vendor.

If a service is not expressly enumerated within the list of supported services as stipulated herein, it shall unequivocally be understood and agreed that said service shall remain categorically excluded from the provisions and obligations set forth under the Unlimited Remote Support Agreement.

SERVICE SCHEDULE Microsoft New Commerce

This Service Schedule (the “Schedule”) between Galaxy IT. (“Galaxy IT”) and You, is effective immediately upon acceptance and is issued pursuant to and incorporates by reference the terms and conditions of the Managed Service Agreement, as applicable (“MSA”).

 

The Customer’s use of the Software shall be subject to the terms and conditions of the Microsoft Customer Agreement

which is deemed to have been accepted by the Customer, and the Customer agrees to be bound by and to comply with

all terms of the Microsoft Customer Agreement.

This Schedule includes the terms and conditions governing the Services purchased by You under the MSA. By accepting this Schedule between You and Galaxy IT – by checking the “I agree that my electronic signature is as valid and legally binding as a handwritten signature.” box or any similar box when completing the Account creation or accepting a proposal of services, You agree to be bound by all of the terms and conditions set out in this Schedule. All capitalized terms in this Schedule shall have the same meaning as set forth in the MSA, unless defined herein. In the event of a conflict or inconsistency between the terms of the MSA and the terms of this Schedule, this Schedule shall supersede and govern.

 

1. For the purposes of this Schedule, the following definitions apply:

“GDAP” means Granular Delegated Admin Privileges.

“Legacy” means the traditional, non-NCE subscription model for Microsoft Online Services, including Microsoft 365 Services.

“MCA Acceptance Confirmation” means the confirmation of Customer’s acceptance of the MCA along with the date of the MCA acceptance by Customer and the first name, last name and email address of the individual who has accepted the MCA on behalf of the Customer.

“Microsoft” means Microsoft Corporation or any of its Affiliates.

“Microsoft Customer Agreement” or “MCA” means the latest version of the Microsoft Customer Agreement applicable to the End Users located at: https://www.microsoft.com/licensing/docs/customeragreement including all policies, terms and agreements referenced therein.

“Microsoft SLA” means the Microsoft Service Level Agreement that applies to the Services and can be found at: https://www.microsoft.com/licensing/docs/view/Service-Level-Agreements-SLA-for-Online-Services.

“NCE” refers to Microsoft’s New Commerce Experience.

“NCE Services” means Services offered, purchased, subscripted to, used, resold, distributed or promoted under the Microsoft’s New Commerce Experience.

“NCE Subscription Plan” refers to a Subscription Plan to NCE Services.

“Services” refers to Microsoft 365 services.

 

2. Subscription and Cancellation.

2.1. Legacy Fixed-Term Subscriptions. Any adjustments to a Legacy Fixed-Term Subscription (e.g., adding seats) made mid-Billing Cycle will be calculated and post-billed at the subsequent invoice.

2.2.NCE Subscriptions

2.2.1. Subscription Autorenewal Feature in NCE. To prevent the automatic renewal of a Monthly Subscription or a Fixed-Term Subscription, You shall notify our accounting department of changes via email request to accounting @ galaxyit.com. Otherwise, your NCE Subscription Plan will auto-renew under the same Term without any possibility to terminate your NCE Subscription Plan midterm, except as permitted in this Schedule.

2.2.2. Conversions during NCE Subscription Term. You can request to make changes to Your NCE Subscription Plans, including quantity of seats, SKU, billing plan and term changes, except for the following term restrictions which are not allowed: going from (i) 1 year to 1 month, (ii) 3 years to 1 month and (iii) 3 years to 1 year.

2.2.3. Increasing and Decreasing Seat Count. You may increase the seat count of Your NCE Subscription Plan at any time and for any term. Any seat increase will be prorated and aligned with the Billing Cycle. Seat count on a NCE Subscription Plan can only be decreased within the first 72 hours of initial purchase or renewal for seats added during the term. In the case of a license reduction, You will be refunded the full amount minus the prorated amount for the days when You activated the NCE Subscription Plan. If more than 72 hours have elapsed since the Subscription order was placed or additional seats were added, the seat count cannot be decreased until the next cancellation window upon renewal. License reduction can only be within 72 hours of initial purchase or renewal for all annual plans. If more than 72 hours have elapsed since the Annual Subscription order was placed, renewed or additional seats were added, the seat count cannot be decreased until the next cancellation window.

2.2.4. Subscription Plan Upgrades. Service upgrades or downgrades are not permitted in NCE.

2.3. Perpetual License. Terms and conditions under section 2.3 only apply to perpetual license.

2.3.1. Term. Perpetual license subscription shall have a perpetual Term.

2.3.2. Installation and Update. All perpetual licenses shall be installed by You. Installation of all such perpetual license shall only be on devices controlled by the same Company. You are the sole responsible for installing any Updates available for Your on-premises license.

2.3.3. Customer Data and compliance. If You are using a perpetual license, You are the sole responsible to protect and secure any Company Data and to comply with any and all requirements from Microsoft.

2.3.4. Support. You acknowledge and agree that Galaxy IT is only responsible for providing support directly related to procurement and general fulfillment, such as any license key access and activation process. Otherwise, Microsoft will provide support services for perpetual license. For clarity, any other support request related to your perpetual license, Galaxy IT may escalate to Microsoft on your behalf, however additional fees might apply.

2.3.5. Invoicing and Procurement. Galaxy IT will provide the perpetual license from Monday to Friday during business hours, excluding federal holidays. Once the procurement is done, Galaxy IT will invoice you. The payment terms defined in your Managed Services Agreement will govern.

2.4.Cancellation

2.4.1. Subscription Cancelled by Microsoft. If a Subscription for the Services is cancelled by Microsoft before its Subscription Term expires and during Galaxy IT’s Billing Cycle, (i) You may receive a prorated credit for the un-used pre-paid portion of the cancelled Subscription in Your subsequent invoice, provided that such cancellation is not due to Your violation of the MCA with Microsoft and (ii) Microsoft will not invoice Company for any future scheduled billings for that Subscription. Upon cancellation of a Subscription, You, as the case may be, will have ninety (90) days to migrate any Service Data to either a new Subscription with Galaxy IT, with Microsoft directly, or to some other service.

2.4.2. NCE Subscription Cancelled by You. You may cancel Your NCE Subscription Plan (for any term), within 72 hours of initial purchase or renewal in order to receive a full or prorated refund (proration is calculated daily), subject to Microsoft’s then current terms and policies at time of cancellation. Cancellation orders can only be executed once the NCE Subscription Plan has been purchased. After 72 hours, cancellation will no longer be available, and you will be billed for the full term, even if the Customer or End User stops using the NCE Subscription Plan. Upon the renewal of a Subscription Plan, you will get another 72-hour cancellation window during which you may cancel your Subscription Plan and receive a prorated refund. Once the NCE Subscription Plan has been cancelled, the Customer and End Users will lose access to the NCE Subscription Plan immediately and all data pertaining the NCE Subscription Plan will be irrecoverable. Upon cancellation, a credit will be applied to Your Account and figure in your next monthly invoice.

2.4.3. Perpetual License Cancellation. You may cancel your perpetual license within 30 days of initial purchase in order to receive a prorated refund of the total perpetual license fees minus a five percent (5%) cancellation fee calculated on Microsoft retail price. After 30 days, cancellation will no longer be available and you will be billed for the full price, even if the Customer or End User stops using the perpetual license.

3. Limitation of Liability. You acknowledge and agree that: (i) the obligations and liabilities of Galaxy IT are limited at all times by the terms of the Agreement and the scope of the Services provided by Galaxy IT under the Agreement; (ii) Galaxy IT is not responsible for the Services provided to You under the Microsoft Customer Agreement and for Microsoft’s compliance with the terms and conditions of the Microsoft Customer Agreement; (iii) Microsoft has the right to disable or terminate the Services for legal or regulatory reasons, or as per the terms and conditions outlined in the Microsoft Customer Agreement. In the event of such a disablement or termination by Microsoft, You will not have any claim against Galaxy IT for damages or lost profits resulting from any such disablement or termination and Galaxy IT will be entitled to invoice You for the Services that the You ordered prior to any such disablement or termination.
4. Delegation of administrative rights. You acknowledge and agree that Galaxy IT is solely responsible for the provisioning of your licenses to the Services.
5. Changes. You acknowledge that Microsoft and Galaxy IT reserves the right to (i) decrease or increase fees on its price list at any time; (ii) change the terms and conditions of the “Product Specific Terms”, “Online Services Terms”, “Service Level Agreement”, and the MCA at any time; or (iv) to change a Microsoft guide or guidelines at any time upon thirty (30) days’ prior notice.