Microsoft Open End User My First Volume License Promotion

Terms and Conditions for the Microsoft Open End User My First Volume License Promotion (the “Promotion”)

IMPORTANT: PLEASE READ THESE TERMS AND CONDITIONS (THESE “TERMS AND CONDITIONS”) BEFORE PARTICIPATING IN THE PROMOTION. THIS IS A LEGALLY BINDING AGREEMENT BETWEEN YOU AND MICROSOFT REGIONAL SALES CORPORATION, A CORPORATION ESTABLISHED IN THE STATE OF NEVADA WITH A REGISTERED OFFICE IN SINGAPORE (REG. NO. S98FC5554D) (“MICROSOFT”) ESTABLISHING THE TERMS AND CONDITIONS UNDER WHICH YOU (“CUSTOMER”) ARE ENTITLED TO PARTICIPATE IN THE PROMOTION. BY PARTICIPATING IN THE PROMOTION, CUSTOMER IS DEEMED TO HAVE READ AND UNDERSTOOD, AND AGREED TO ABIDE BY, THESE TERMS AND CONDITIONS.

SECTION 1Definitions

1. (a)“Eligible Order” means a single order by an Eligible Customer for a minimum of 5 licenses of Eligible Product placed with a Microsoft Reseller during the Promotion Period.
2. (b)“Eligible Customer” means an End User who has not purchased under any Microsoft volume licensing program during the three-year period before the start of the Promotion Period (that is, during the period 1 February 2009 – 31 January 2012).
3. (c)“Eligible Product” means any one or more of the following:
   (1) Office Professional Plus 2010 (Note: Office Small Business is NOT included)
   (2) Windows 7 Professional (with or without Microsoft Desktop Optimization Pack (MDOP))
   (3) Windows Server (Standard or Enterprise)
   acquired under any of the Eligible License Types.
4. (d)“Eligible License Types” means any of the following agreements :
   (1) Open Business – New License only or New License and Software Assurance (L&SA); and
   (2) New Open Value;
   but excludes:
   (3) Renewals of those agreements;
   (4) Academic, Charity and Government versions of those agreements;
(5) agreements under which licenses of Eligible Product are purchased at Academic, Charity and Government pricing levels; and
(6) Open Value Subscription, Software Assurance only, Full Package Product and OEM versions.


5. (e)“Microsoft Reseller” means a reseller of Microsoft software license products.
6. (f)“Promotion Period” means 1 February to 31 March 2012 (both dates inclusive).

SECTION 2Promotion overview

Subject to these Terms and Conditions, an Eligible Customer who has placed an Eligible Order will be eligible for a cash rebate (“Cashback”) from Microsoft based on the per unit amounts shown below, subject to (i) a maximum of one claim per Customer; and (ii) a maximum Cashback amount in respect of number of licenses shown below per Eligible Product SKU.

Cashback redemption process and criteria

1. 2.1 In order to claim their Cashback redemption, Eligible Customer who has placed an Eligible Order must submit a redemption request via email to mycash@microsoft.com. Refer to instructions at http://www.microsoft.com/business/en-au/Store/Pages/mycash.aspx (the “Promotion Web Site”) along with all required documents including a scanned version of the invoice on or before 30 April 2012.
2. 2.2 On receipt of Customer’s redemption request, Microsoft will validate Customer’s eligibility for the Cashback using its internal sales tools. Customer will receive notification of documents receipt, completeness & validity within 7 days. A final email confirmation of the Cashback amount will be sent 14 days thereafter (provided claim is made 1 month after purchase date).
3. 2.3 If Customer’s eligibility is validated, Microsoft will issue a cheque for the appropriate Cashback amount in favour of Customer within 45 days after confirmation email (refer to 3.2).
4. 2.4 All cheques will be issued in the name of the customer organisation. No cheque will be issued in the name of an individual.

SECTION 3Pricing, Cashback amounts, returns, other promotions, taxes.

1. 3.1Pricing. The acquisition of Eligible Products is subject to negotiation and execution of a definitive agreement under the Eligible License Types between Customer and its chosen Microsoft Reseller incorporating applicable Microsoft commercial terms and price levels. The Microsoft Reseller and Customer will determine Customer’s actual price and payment terms for Eligible Products.
2. 3.2Fixed Cashback amounts. Cashback are expressed in Australian Dollars and are an absolute amount, not a percentage of the Estimated Retail Price.
3. 3.3Returns. In the event that any Eligible Product is returned after Microsoft has paid the associated Cashback to Customer, Microsoft may require the repayment of that Cashback.
4. 3.4Other promotions. Eligible Product units in respect of which a Cashback is paid under the Promotion are not eligible for any other rebates or discounts. Likewise, any Eligible Product purchased under any other Microsoft discount program shall not be eligible for any Cashback under the Promotion.
5. 3.5Taxes. Microsoft is not liable for any taxes that are incurred or arise in connection with the Promotion. Customer shall be responsible for bearing and pay any and all taxes. Customer agrees to indemnify, defend and hold Microsoft harmless from any taxes or claims, causes of action, costs (including, without limitation, reasonable attorneys’ fees) and any other liabilities of any nature whatsoever related to such taxes.

SECTION 4Other terms and conditions

1. 4.1Claims. Microsoft is not responsible for printing or typographical errors in any Promotion-related materials or for claims or submissions that are incomplete, lost or misdirected, fail to enter into the processing system, or are processed, reported, or transmitted late or incorrectly or are lost for any reason including electronic, computer, telephone, paper transfer, mail system, human or other error; including inability to access the Promotion Web Site or any other web site associated with the Promotion. Proof of online submission or any redemption claim shall not constitute proof of receipt by Microsoft or their agents. If any information provided by Customer is found to be misleading or inaccurate, that claim shall be deemed invalid.
2. 4.2Privacy.The information submitted by Customer when participating in the Promotion may include an employee’s phone numbers, email address, ID number and other personal information (“Personal Information”). Except as provided elsewhere in these Terms and Conditions, Microsoft will only use Personal Information in accordance with applicable data protection laws and regulations and Microsoft’s privacy policy referred to below, for the purposes of administering Customer’s participation in the Promotion. For more details on Microsoft's privacy policy, please see: http://privacy.microsoft.com/en-us/default.aspx.
3. 4.3Modification of these Terms and Conditions, etc..To the maximum extent permitted by applicable law, Microsoft may modify these Terms and Conditions and/or withdraw or terminate or extend the Promotion at any stage by 15 days’ notice posted at the Promotion Web Site, without any liability towards Customer or anyone.
4. 4.4No third party rights. A person who is not a party to this agreement shall not have any rights under the Contracts (Rights of Third Parties) Act (Cap. 53B) to enforce any of its terms. For the purposes of this paragraph, “person” shall mean a human being or a corporate entity (whether or not having a separate legal personality), as the case may be.