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This G-Suite Service Agreement ("SLA") sets forth the terms and conditions of your use of any Google Inc. (“Google”) hosted services currently known as “G Suite” (formerly known as (“Google Apps for Business”), “Google Vault”, “Google Drive Storage” or any other additional Google Services (as these services may be renamed from time to time).
This agreement is made between WhoGoHost Limited, a limited liability company and the Client who orders WhoGoHost Services. Each of WhoGoHost and Customer referred to as a “Party” and collectively as “Parties” under this Agreement.
You acknowledge that your electronic approval constitutes your acceptance to the Agreement for each electronic purchase or transaction you enter. WhoGoHost may accept or reject any Order you submit at its sole discretion. WhoGoHost’s provisioning of the Services described in an Order shall be WhoGoHost’s acceptance of the Order.
If you are accepting on behalf of Customer you represent and warrant that:
PLEASE READ THIS AGREEMENT CAREFULLY. BY USING THE GOOGLE SERVICE YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREED TO BE BOUND BY ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, ALONG WITH ANY NEW, DIFFERENT OR ADDITIONAL TERMS, CONDITIONS OR POLICIES WHICH COMPANY MAY ESTABLISH FROM TIME TO TIME. YOU MAY VIEW THE LATEST VERSION OF THIS AGREEMENT ONLINE.
In addition, when you use your account or permit someone else to use it to purchase or otherwise acquire access to additional Services or to cancel your Services (even if we were not notified of such authorization), You also agree to be bound by the terms of this Agreement for transactions entered into on Your behalf by anyone acting as Your Agent, and transactions entered into by anyone who uses the account You've established with WhoGoHost, whether or not the transactions were on Your behalf, You signify your agreement to the terms and conditions contained in this Agreement.
Whenever used in this Agreement, the following capitalized terms shall have the respective meanings specified below:
"Client Data" means all data (including software, text, sound files and Personal Data) and other content that are stored by you or your end-user(s) on the Hosted System or otherwise processed by you or your end-user(s) through your use of the Services.
"Personal Data" means any information that is referred to as personal identifiable information, personal data or personal information (or other like terms) under applicable data protection or privacy law. It includes information that by itself or combined with other information can be used to identify a person.
"Product Terms and Conditions" means the terms and conditions that are incorporated by reference in your Agreement and that state additional terms and conditions for the particular Services you are buying.
"Business Day" means Monday to Friday, excluding public holidays.
"Business Hour" means 9:00 a.m. – 5:00 p.m. on a Business Day.
"Claims" means any claim, demand, action, suit, cause of action, assessment or reassessment, charge, judgment, debt, liability, expense, cost, damage or loss, direct or indirect, contingent or otherwise, including loss of value, reasonable professional fees, including fees of legal counsel on a solicitor-and-End User basis, and all costs incurred in investigating or pursuing any of the foregoing or any proceeding relating to any of the foregoing.
"Confidential Information" means all non-public technical information and business information, programming, software code, trade secrets, marketing strategies, software, documentation, Client data, financial information and any other information which in the circumstances of its disclosure could reasonably be viewed as confidential. Confidential Information shall not include information that:
"End User" means an individual or legal entity that obtains the Services from the Client.
"End User Licence Agreements" or "EULAs" means the applicable terms of service agreements with WhoGoHost and Third Party Suppliers governing use of the Services, which are provided by WhoGoHost, appear upon first use of each product or are otherwise made accessible by web link or otherwise to the End User.
"Intellectual Property Rights" means all rights protectable by copyright, trademark, patent, industrial design or trade secret and other intellectual property rights under any law including common law.
"Products" means any service of WhoGoHost or third party providers made available through the Hosting Client Program.
"Third Party Suppliers" means third party suppliers of Products included in the G-suite Services.
The Services are provided by Google Inc. You acknowledge and agree that your use of the Services is subject to these:
G-Suite is a cloud-based collaboration software that helps you and your team connect and get work done from anywhere on any device, allowing you to work smarter and focus on what really matters. It is simple to set up, use and manage.
WhoGoHost is a G-Suite Reseller Partner and we offer you installation and dedicated support. Whether you are starting a new business, you want to transfer from free trial account for G-Suite to the paid version, or you want to migrate from your existing email system to G-Suite, you can contact us, as we are available to help.
WhoGoHost shall provide to you the Services and Support subject to the terms and conditions of the Agreement but this is dependent on your complete payment for the order before it is provisioned and then WhoGoHost will comply with all laws applicable to its provision of the Services.
WhoGoHost shall be responsible for and shall follow good industry practices for safeguarding, maintaining the confidentiality of data of Customer and shall comply with all applicable data protection and privacy laws with respect to any data of End Users. Although WhoGoHost may have access to data of Customer using the Products/ Services, WhoGoHost shall do so only to the extent necessary to carry out their responsibilities under this Agreement for no other purpose. Nothing in this Agreement permits either parties or both Parties to disclose or distribute any data of End Users obtained through activities under this Agreement. For greater clarity, WhoGoHost shall not use any data provided by clients or customers about End Users for direct or indirect solicitation, marketing, sales or other promotions for itself, any affiliates or any third parties. Data provided by Customer to WhoGoHost or entered into WhoGoHost systems shall be regarded as a confidential Information of the customer.
G-Suite may provide the Products/ Services to End Users through a web portal or online marketplace with G-Suite branding, provided that G-Suite shall be wholly responsible for any trade-marks used for such branding including any claims of infringement of any third party’s trade-marks. G-Suite shall not alter, obscure or remove any branding or trade-marks of Third Party Suppliers of the Products, including standard branding and trade-marks, which display during access or use of the Products through the Products/ Services.
Each Party recognizes WhoGoHost’s, Third Party Suppliers’ and G-Suite ownership and title to their respective trademarks, service marks and trade names whether or not registered (collectively, “Marks”). G-Suite may be provided a limited right to use Marks of Third Party Suppliers (“Supplier Marks”) in connection with promotion and distribution of the Products/ Services and Products. Except for these limited rights, G-Suite may not use Supplier Marks in advertising, promotion, and publicity without the express written consent of WhoGoHost or the Third Party Suppliers, respectively.
WHOGOHOST MAKES NO REPRESENTATIONS OR WARRANTIES OR CONDITIONS OF ANY KIND CONCERNING THE PRODUCTS/ SERVICES, THE PRODUCTS OR THEIR USE, ACCURACY, FUNCTION OR OWNERSHIP AND SHALL NOT BE LIABLE IN ANY MANNER FOR ANY MANNER FOR ANY REPRESENTATIONS OR WARRANTIES OR CONDITIONS OF ANY KIND WHETHER EXPRESS OR IMPLIED OR COLLATERAL OR WHETHER ARISING BY OPERATION OF LAW OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OR CONDITION OF MERCHANTABLE QUALITY OR FITNESS FOR A PARTICULAR PURPOSE OR THAT THE PRODUCT WILL BE ERROR-FREE. CLIENT ACKNOWLEDGES THAT PORTIONS OF THE PRODUCTS/ SERVICES ARE PROVIDED BY THIRD-PARTY SUPPLIERS WHOSE PERFORMANCE IS NOT WARRANTED OR GUARANTEED BY WHOGOHOST. CLIENT SHALL NOT BE AUTHORIZED TO MAKE ANY WARRANTY, REPRESENTATIONS OR WARRANTIES OR CONDITION, WHETHER WRITTEN OR ORAL, ON BEHALF OF WHOGOHOST. CLIENT SHALL BE SOLELY RESPONSIBLE FOR ANY WARRANTIES FOR THE SERVICES GIVEN BY CLIENT.
If you cancel the Service, your cancellation will take effect immediately. After cancellation, you will no longer have access to your G-Suite account. For as long as we continue to offer the Service, we will provide and seek to update, improve, and expand the Service. As a result, we allow you to access the Service as it may exist and be available on any given day and have no other obligations, except as expressly stated in these Terms. We may modify (e.g., change data storage or capacity limits), replace, refuse access to, suspend or discontinue the Service, partially or entirely, or change and modify prices for all or part of the Services for you or for all our users in our sole discretion. All of these changes are effective upon their posting on our site or by direct communication to you unless otherwise noted.
There will be no refunds for all paid G-Suite accounts. If you are dissatisfied with such account service for any reason, please direct requests to email@example.com.
More information on refunds: https://www.whogohost.com/tos/refund-policy
At any time during your contract term, you may increase the number of emails (Upgrade) for your service with WhoGoHost. In the event of a service downgrade (decrease the number of emails), there will also be no refunds. Downgrading your account may cause the loss of email accounts. We do not accept any liability for such loss.
Third-Party Payment Processors: WhoGoHost uses third-party payment processors to assist us in securely processing your personally identifiable payment information. Such third party processors make use of your personal information is governed by their respective privacy policies which may or may not contain privacy protections as protective as the WhoGoHost Privacy Notice. Online payments are currently processed and managed using the third party vendors below. We will inform you which payment processors are used when processing your payments.
An initial term will be as indicated on the Service Order (the “Service Term”), provided that such requested Service Term shall not be less than a minimum period of One (1) month.
You agree that the Services shall be provided for the term you selected through the Client portal. Unless you terminate the Services prior to the end of the then-current Services term, you agree that the Services may be renewed for another term of equal duration to the immediately preceding term and that the resulting fees shall be invoiced on your account, except otherwise stated.
You agree to hereby waive any requirement which might otherwise be imposed by law which would require that we obtain your affirmative consent for on-going billings and that your continuing consent to be billed for such renewal(s) may be presumed until such time as you terminate the Services through the Client area portal. You agree that attempts to terminate the Services other than sending an email to us (via a telephone call) are not reliable means of communication and that such a termination attempt shall not be binding until accepted and acknowledged by us.
AT THE END OF THE ACTIVE CONTRACT TERM, AN INVOICE WILL BE GENERATED FOR AN ADDITIONAL CONTRACT TERM UNTIL EXPLICITLY CANCELLED BY YOU, AND YOU WILL BE REQUIRED TO MAKE PAYMENT WITH YOUR PREFERRED PAYMENT METHOD AND YOU WILL BE CHARGED ACCORDINGLY. YOU MAY SEND CANCELLATION REQUESTS BY EMAILING firstname.lastname@example.org
WhoGoHost employees with training and experience relative to the Services will be available ‘live’ by telephone, chat and ticket twenty-four (24) hours per day, seven (7) days per week, all year round. We will respond to questions and complaints from you relating to your use of the Services. Google will only provide customer support to you in accordance with the Google TOS.
The Terms of Service provides a service level agreement from Google to you. The service level agreement may be updated periodically by Google. In the event of a service level violation by Google, you will only be eligible to receive those remedies set out under the TOS and must request such remedies directly from us.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER WE NOR GOOGLE MAKE ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WITH RESPECT TO THE SERVICES AND EXPRESSLY DISCLAIM THE WARRANTIES OR CONDITIONS OF NON-INFRINGEMENT, SATISFACTORY QUALITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NEITHER WE NOR GOOGLE MAKE ANY REPRESENTATION ABOUT ANY CONTENT OR INFORMATION MADE ACCESSIBLE BY OR THROUGH THE SERVICES.
WE WILL NOT BE LIABLE UNDER THIS AGREEMENT FOR LOST REVENUES OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, EVEN IF WE KNEW OR SHOULD HAVE KNOWN THAT SUCH DAMAGES WERE POSSIBLE AND EVEN IF DIRECT DAMAGES DO NOT SATISFY A REMEDY. WE WILL NOT BE LIABLE UNDER THIS AGREEMENT FOR MORE THAN THE AMOUNT PAID BY YOU TO US FOR THE SERVICES DURING THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO LIABILITY. GOOGLE WILL NOT BE LIABLE FOR ANY DAMAGES, WHETHER DIRECT, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL, ARISING FROM OUR DISTRIBUTION AND RESALE OF THE SERVICES.
The TOS provides certain indemnification obligations of Google to you. Customer will indemnify, defend, and hold harmless Google from and against all liabilities, damages, losses, expenses, and costs (including settlement costs and reasonable attorneys' fees) arising out of an End User's claim concerning refunds for such paid services. You will also indemnify WhoGoHost against third-party claims to the same extent you indemnify Google under the TOS.