Microsoft Windows Devices Rebate Program Terms & Conditions

By applying for a Rebate and Rebate Coupon Code (each as defined below) you are deemed to have read, understood and agreed to the following terms and conditions under which Microsoft Ireland Operations Ltd. offers this Program (as defined below).

This Windows Devices Rebate Program (the “Program”) available to eligible Enterprise Agreement or Select SA License Customers (the “Customer”) is subject to the terms and conditions set forth herein.

1. Term

Customer eligibility under this Program will begin on February 1, 2014, and end June 30, 2014 (the “Program Term”). The ability to claim the Rebate and utilize Rebate Coupon Codes provided in connection with this Program will lapse at 23:59:59 GMT on September 30, 2014 (the “Rebate End Date”) and it is advised that Customers submit a claim for a Rebate prior to the Rebate End Date in order to allow time to obtain and use their Rebate Coupon Code.

2. Customer Eligibility

To be eligible to claim a Rebate, the Customer must have signed either:

in each case, during the Program Term (each a “Qualifying Agreement”).

For the avoidance of doubt, education customers are not eligible unless such Customer has obtained an exemption to this exclusion from Microsoft, and any true-ups under an Enterprise Agreement shall not count towards the minimum 500 qualified desktops required under (i), above. Customer may request confirmation that they have entered into a Qualifying Agreement by contacting Microsoft via www.MSgetmobile.com (the “Website”).

In addition to signing a Qualifying Agreement, Customer must purchase at least the Device Threshold of Eligible Devices (each as defined below) during the Program Term, towards which the Rebate may apply.

Where the Customer has signed a Qualifying Agreement and has purchased at least the Device Threshold of Eligible Devices, Customer will be a “Qualifying Customer”.

3. Eligible Devices

The minimum number of Eligible Devices required to be purchased by the Customer to be eligible for a Rebate is 100 (the “Device Threshold”), and the maximum number of devices to which the Rebate may apply is 10,000 (the “Device Cap”).

The Rebate will only be calculated on the basis of Customer’s purchase made after the date of signing a Qualifying Agreement of the following devices, which must be purchased new in any combination, from any authorized seller providing the required supporting evidence, as detailed below (the “Eligible Devices”):

Only the devices listed above are eligible and Microsoft’s decision shall be final in determining whether or not a device is an Eligible Device.
4. Rebate Calculation

A Qualifying Customer may claim the Rebate Amount set out below in relation to ONE Eligible Device per FIVE qualified desktops or Select licenses with SA (as applicable) under the Qualifying Agreement (the “Rebate Ratio”).

The “Rebate Amount” for each Eligible Device will be the USD amount set out below, which will be converted to the Customer’s local currency before payment (the locale of the Customer to be determined by the locale of the entity identified on the Qualifying License), in accordance with the conversion set out in the table below or such other conversion rate as may be notified to Customer by Microsoft before, on or after payment of the Rebate:

 

Tablets / Surface

Conversion rate

Rebate Amount for Tablets / Surface

Germany

$50

1 EUR : 1.30000 USD

EUR 38.46

UK

$50

1 GBP : 1.53000 USD

GBP 32.68

Sweden

$50

1 SEK : 0.15152 USD

SEK 329.99

The total “Rebate” will be calculated by multiplying the number of Eligible Devices purchased (where the number of such Eligible Devices is above the Device Threshold and at or below both the Device Cap and the maximum number of devices calculated in accordance with the Rebate Ratio) by the relevant Rebate Amount(s).

For example, a 1,000 qualified desktop Enterprise Agreement will allow Customer to claim a Rebate in relation to 1,000/5 = 200 Eligible Devices, applying the Rebate Ratio. Notwithstanding being able to claim in relation to 200 Eligible Devices, Customer may purchase less than this maximum number of devices they are able to claim the rebate for, so long as the number of Eligible Devices purchased is greater than the Device Threshold. Therefore, Customer may, for example, purchase 150 tablets which are Eligible Devices and the Rebate due will be the applicable Rebate Amount ($50) multiplied by the number of Eligible Devices (150) and converted to local currency (USD 7,500 or e.g. GBP 4,901.96 where Customer is based in the UK).

5. Claiming the Rebate

A Qualifying Customer may only submit one claim for a Rebate under this Program, irrespective of whether any further Eligible Devices are purchased following the submission of that claim.

All claims under this Program must be submitted prior to the Rebate End Date and only for Eligible Devices purchased and shipped after the signing of a Qualifying Agreement.

A Qualifying Customer must inform Microsoft of the number of Eligible Devices it has purchased and wishes to claim a Rebate in respect of, following which Microsoft will issue the customer with a unique coupon code (the “Rebate Coupon Code”). The Qualifying Customer must follow the submission process outlined on the Website or as may be separately provided by Microsoft.

In order to claim the Rebate, a Qualifying Customer must also submit the following “Supporting Evidence,” together with the Rebate Coupon Code before the Rebate End Date:

6. Payment

Microsoft will assess the validity of each submitted Rebate Coupon Code and Supporting Evidence and will pay the Rebate to the Qualifying Customer within 90 days of the Rebate Coupon Code having been submitted where the claim is validated. Payment will be made by transfer to the Qualifying Customer’s bank account, details of which the Qualifying Customer must communicate to Microsoft, as instructed by Microsoft in connection with this Program.

7. Return of Eligible Devices

Where a Qualifying Customer returns any of the Eligible Devices for which a Rebate has been claimed for reasons other than a warranty claim relating to faulty devices, and where those Eligible Devices are not immediately replaced with other Eligible Devices, that Qualifying Customer must inform Microsoft of such return, and return the proportion of the Rebate applicable to those Eligible Devices to Microsoft within 90 days of the Eligible Devices having been returned, in accordance with instructions provided by Microsoft following notification.

8. Errors

Customer must report any errors, issues or disputes regarding the calculation and payment of the Rebate to Microsoft in writing within 30 days of receipt of the Rebate from Microsoft. If Microsoft has not received written notice from Customer within the 30-day period, Customer will be deemed to have accepted the calculation and payment of the Rebate. Microsoft reserves the right at any time to adjust the Rebate payable to Customer, if Microsoft identifies any discrepancy, error or omission.

9. Compliance

Rebate may be withheld or reduced at the discretion of Microsoft in the event Customer is in breach of any of its material obligations to Microsoft under this Program. This Program does not apply to any Microsoft service or product other than as set out herein. The Rebate is not transferable and is only payable to Customer and not to any third party.

10. Audits

Microsoft may conduct random audits of all required activities implemented under this Program, as applicable, by notifying Customer. Microsoft may request, and Customer agrees to provide, additional acceptable proof of performance, as customer may be informed by Microsoft from time to time following such notification. If Microsoft does not receive the requested proof of performance documentation within thirty (30) calendar days after Microsoft’s request, Microsoft may withhold payment of the Rebate. Additionally, Microsoft, at its sole discretion, may require Customer to return all or part of any previously paid Rebate received under this Program if Customer is not in compliance with the requirements of this provision or any other provision of the Program terms.

11. Taxes

It is Customer’s sole responsibility to report and pay all applicable taxes or duties that may be required under any appropriate laws related to the Rebate it receives and its participation in this Program. Customer must consult its own tax advisor with any question or concern about the taxes that apply to it in relation to the Program. Microsoft and its affiliates will not be liable for any taxes, including income taxes, withholdings and good and services taxes (if applicable) or their equivalent, in connection with any payments made to Customer under this Program.

12. Voluntary participation

Participation in this Program is entirely voluntary.

13. Disputes

In the event of any dispute arising from or in relation to this Program, the decision of Microsoft shall be final and binding. No correspondence will be entered into.

14. Privacy

The information submitted by Customer when participating in the Program may include phone numbers, email address, ID number and other personal information of Customer’s employee(s) (“Personal Information”). 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 Program. For more details on Microsoft's privacy policy, please see: http://privacy.microsoft.com/en-us/default.aspx.

If personal information of third parties (e.g. customers) is shared by the Customer, the Customer represents and warrants that he has the appropriate consent of the customer to do so. Microsoft will use any of this third party data for the sole purpose of this Program only.

15. Notices

Notices may be given either by electronic or physical mail or, in the case of changes this Program, by Microsoft publishing them on the Website or making you aware of such changes via email or telephone.

16. Anti-Corruption Laws and Microsoft’s Anti-Corruption Policy

Customer will comply with all applicable laws against bribery, corruption and money-laundering, including the U.S. Foreign Corrupt Practices Act (“Anti-Corruption Laws”). Customer certifies that it has read and will comply with the Anti-Corruption Policy for Microsoft Representatives: http://www.microsoft.com/about/corporatecitizenship/en-us/working-responsibly/principled-business-practices/integrity-governance/political-engagement/

17. Applicable Law

The validity and construction of and performance under these terms and conditions (and any claim, dispute or matter arising under or in connection with these terms and conditions or their enforceability) and any non-contractual obligations arising out of or in connection with these terms and conditions shall be governed by and construed in accordance with the laws of Ireland.

Promoter: Microsoft Ireland Operations Limited, Building 3, Carmanhall Road, Sandyford Industrial Estate, Dublin 18, Ireland.