This Service Order (hereinafter the “SO”) constitutes an integral and essential part of the General Terms and Conditions of Services (the “GTCS”) of Enartia. The GTCS and this SO set out the terms and conditions governing the provision of the M365 service by Enartia Single Member S.A. (hereinafter “Enartia” or the “Company”) to the Customer.
All capitalized terms used in this SO shall have the meaning assigned to them in the GTCS.
The commercial offer of the M365 service, as published on the official websites of the Company www.enartia.com, https://web.papaki.com or communicated through the Company’s commercial channels, forms an integral part of these terms and conditions.
Where the term “Website” is used, it shall mean the website of the Company’s brand “Papaki” (https://web.papaki.com)
1. M365ServiceTerms
1.1 This SO forms an integral part of the GTCS of Enartia and governs the provision of the M365 service, as described in the applicable commercial offer.
1.2 The Customer acknowledges that the M365 service is provided through an authorized reseller, namely team.blue Denmark A/S, with registered office at Højvangen 4, 8660 Skanderborg, Denmark, VAT No. DK29412006, which in turn procures the product from Microsoft Corporation (hereinafter the “Manufacturer” or “Microsoft”).
1.3 In addition to accepting the GTCS, this SO and the commercial offer, the Customer declares that it has read, understood and accepted Microsoft’s contractual terms, as set out in the document entitled Microsoft Customer Agreement (hereinafter: “MCA”), available at the following link: https://www.microsoft.com/licensing/docs/customeragreement, as well as any additional contractual documentation relating to the service, which is hereby incorporated into this SO and forms an integral part hereof.
By way of derogation from the GTCS, the Customer acknowledges that Enartia is not involved in the processing of personal data carried out through the Microsoft M365 service, which is governed exclusively by the MCA and the applicable Microsoft data protection documentation. Enartia shall only process personal data necessary for the management of the contractual relationship, in its capacity as data controller.
1.4 The Customer may purchase the service for the duration specified in the commercial offer. The service is activated with a minimum binding period of one (1) month, with monthly billing, and a maximum duration of twelve (12) months.
Upon expiry, the service shall be automatically renewed for an equal period, unless the Customer notifies Enartia of its intention to terminate through the Company’s available communication channels (indicatively via the customer account or via email), with at least thirty (30) days’ prior notice before the end of the license period.
1.5 The service is provided “as is”, without any warranty of any kind. Enartia, acting as a reseller, shall bear no responsibility for the operation, availability or performance of the service, which is provided by Microsoft.
1.6 The Customer agrees to indemnify, defend and hold Enartia fully harmless against any and all damages, claims, demands or liabilities of any nature whatsoever, including claims by third parties, arising from acts or omissions of the Customer in breach of these terms and/or Microsoft’s terms.
1.7 This SO shall be governed by Greek law. Any dispute arising out of or in connection with this SO, including any issues relating to its validity, interpretation, performance or termination, shall be subject to the exclusive jurisdiction of the competent courts of Heraklion, Crete.
1.8 To the extent permitted by applicable law, Enartia’s total liability arising out of or in connection with this SO shall not exceed the total amount paid by the Customer for the service during the twelve (12) months preceding the event giving rise to the liability. In no event shall Enartia be liable for any indirect, consequential or incidental damages, including loss of profits, revenue or data. The above limitations shall apply to the extent permitted under applicable consumer protection laws.