Change history for Microsoft Publisher Agreement version 8.0 – October 2022 update
We have updated the Microsoft Publisher Agreement to clarify some of your rights and obligations. We also added some requirements related to your Offer’s terms and pricing and how we may assess certain basic information for your and our benefit. Where changes don’t substantively affect either your or Microsoft’s rights or obligations, we haven’t listed them below.
To review all updates in the October 2022 update of the agreement, read the full Microsoft Publisher Agreement. To review the previous version of the agreement, see Microsoft Publisher Agreement version 8.0 May 2022 update.
Changes to document version 8.0 – October 2022
The following sections of the Agreement were updated in document version 8.0-October 2022 Update.
Section 4 OFFER REQUIREMENTS
We revised these terms to provide additional clarity around laws applicable to your Offer:
- Section 4(b) Local Law: We clarified that you are responsible for complying with laws related to biometric data. Also, if your Offer processes biometric data, we provided additional detail regarding your obligations related to that biometric data and data subjects.
Section 5 ADDITIONAL TERMS APPLICABLE TO TRANSACTABLE OFFERS
We added clarity to these terms to clarify Microsoft’s position on certain tax items and to address tax responsibilities for payment processing services you may provide through your Offer:
Section 5(h) Taxes on Payments: We removed duplicative Microsoft warranty disclaimer language in the last sentence of 5(h) that was already covered in Section 5(i) (Taxes on Offer Transactions). We also removed language regarding VAT on sales to Microsoft that suggested that in applicable countries such sales to Microsoft were exclusive of VAT.
Section 5(i) Taxes on Offer Transactions: We added language to clarify the role of Microsoft as a Marketplace Facilitator for transactions to Customers in the United States. We further describe the role and responsibilities each party has with respect to collecting and remitting such taxes, and resolving disputes.
Section 5(i) Taxes on Offer Transactions: We clarified that if you have an Offer that performs payment processing services or uses third party payment processing services, that you are responsible for calculating, charging, collecting and remitting any applicable taxes.
ADDENDA
Addendum A: TERMS APPLICABLE TO SPECIFIC CATEGORIES OF PRODUCTS
- We added a new subsection 6(b) that discusses how we may assess certain information when you connect to our Microsoft 365 Application APIs. We may use this information for internal operations, as well as for reports we provide to you and for providing recommendations of your Offer to Customers.