Google Workspace Agreement
This GOOGLE WORKSPACE AGREEMENT ("Agreement") is made by and between 101domain GRS Limited, an Irish limited liability company ("101domain") and you and your heirs, agents, successors and assigns (collectively, "Customer"), and is made effective on the first day that you purchase the Google Workspace Services ("Workspace Services").
Your acceptance of the Master Services Agreement ("MSA") which incorporates this Agreement, and your subscription to the Workspace Services signifies that you have read, understand, acknowledge, and agree to be bound by this Agreement along with all other applicable agreements and policies which are incorporated into the MSA by reference. This agreement sets forth the additional terms and conditions which govern your use of the Workspace Services.
The terms "we", "us", or "our" shall refer to 101domain. The terms "you", "your", "user", or "customer" shall refer to any individual or entity who accepts this Agreement. “Google” means (i) Google Voice Canada Corporation, with respect only to Google Voice Services where Customer’s billing address is in Canada, and (ii) Google LLC, with offices at 1600 Amphitheatre Parkway, Mountain View, California 94043 with respect to all other Google Workspace Services. The term “End User” refer to any users the Customer designates to use the Workspace Services. The term “Customer Data” shall refer to any data, information, images or other content created, used, copied or shared while using the Workspace Services. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
1. Description of Workspace Services
Google Workspace is a suite of services including Gmail, Docs, Drive, Calendar, Meet and more as well as cloud-based storage provided by Google. 101domain is a reseller of the Google Workspace services and provides tools to order and manage your Google Workspace subscriptions. Google will provide the Workspace Services ordered in accordance with this Agreement and Google’s Workspace Agreement. You may use the Google Workspace Services ordered through 101domain in accordance with these Agreements.
1.1 New Features or Services. New applications, features or functionality for the Services may be made available from time to time, the use of which may be contingent upon Your agreement to additional terms.
1.2 Verification to Use Services. You must verify a Domain Email Address or a Domain Name to use the Services. If You does not have valid permission to use the Domain Email Address or do not own or control the Domain Name, then 101domain nor Google will have any obligation to provide You with the Services and may delete Your Account without notice.
2. Third Party Agreements
You acknowledge that 101domain is not the provider of the Google Workspace Services under this Agreement. We provide only the access described in this Agreement for the Workspace Services. Google is the provider of the Workspace Services.
You further acknowledge that the terms and conditions of your use of the Workspace Services are governed strictly by Google’s agreements and terms of service with you. We will not be liable for anything that falls under your agreement with Google.
3. Customer Obligations
3.1 Compliance. Customer will (a) ensure that Customer and any End Users’ use of the Services, including all access to and use of Customer Data by it and its End Users, complies with this Agreement and with any of its applicable contract terms or policies, including any employment contracts or employer’s policies regarding technology usage, security, or confidentiality; (b) use commercially reasonable efforts to prevent unauthorized access or use of the Workspace Services; and (c) promptly notify 101domain of any unauthorized use of, or access to, the Workspace Services of which Customer becomes aware.
3.2 Additional Products. Additional Products may be made available to Customer and its End Users. Use of Additional Products may be subject to additional product terms.
3.3 Administration of Services.
(a) Admin Console. 101domain will provide Customer access to the Admin Console for the Administrator to manage its use of the Workspace Services (and use of the Workspace Services by its End Users, if applicable). Customer may use the Admin Console to specify one or more administrators who will have the rights to access Admin Account(s). Customer is responsible for: (a) maintaining the confidentiality and security of the End User Accounts and associated passwords; and (b) any use of the End User Accounts. Customer agrees that 101domain’s responsibilities do not extend to the internal management or administration of the Workspace Services for Customer or any End Users.
(b) Administrator Access to End User Accounts. An Administrator will have the ability to access, monitor, use, modify, withhold, or disclose Customer Data associated with any End User Accounts and control End User’s access to the Workspace Services. An Administrator may also have the ability to: (i) control account settings for End User Accounts (including changing End User Account passwords) and (ii) remove or disable any Workspace Services or Additional Products or other services/products enabled or installed using the End User Account. Use of additional products or other services/products with the End User Accounts is at Customer’s own risk.
(c) Consents. Customer will obtain and maintain all required consents to permit: (i) Customer’s, and its End Users’ if applicable, use of the Workspace Services; and (ii) accessing, storing, and processing of Customer Data under this Agreement.
3.4 Requesting Additional End User Accounts During Subscription Term. Customer may purchase additional End User Accounts at any time under this Agreement by: (a) ordering with a 101domain staff member, or (b) via the Customer’s account. Such additional End User Accounts will have a pro-rated term ending on the last day of the applicable subscription.
4. Workspace Refund Policy
4.1 Annual plans. If you’re dissatisfied with Google Workspace for any reason, you may request a prorated refund of the unused portion of the subscription within 30 days of purchase. This excludes exclusively contracted annual subscriptions. If you request a refund under this policy, your subscription will be cancelled at the time of refund including all services/features within Google Workspace.
4.2 Monthly plans. Monthly plans can only be refunded if the subscription was never activated.
4.3 Auto-Renewal. Requests for refunds as a result of auto-renew being enabled can be issued only if the next subscription renewal period has not yet started.
4.4 Downgrades. Downgrade of plan or term is only possible within 60 days of next subscription renewal.
5. SPAM Policy
You must comply with the EU Privacy and Electronic Communications Directive and all relevant regulations and legislation on bulk and commercial email. Please consult with appropriate legal counsel if you have any questions on your compliance. If in our sole discretion, we determine that you are in breach of the Directive or any relevant regulations and legislation, we reserve the right to suspend, disable or terminate the Workspace Services without notice to you.
6. Account Suspension
We reserve the right to suspend, disable, or otherwise terminate your access to the Workspace Services, or take any other measures deemed to be appropriate, at any time and without prior notice, to enforce this Agreement or to ensure the integrity and performance of the Workspace Services.
You acknowledge that 101domain or Google may, in either’s sole discretion, temporarily suspend the Workspace Services if terms in this Agreement or the Google Workspace Agreement or terms of service are violated by you.
You must substantially address all spam-related and Content violation inquiries from our personnel within 72 hours. Failure to respond within this time may result in the immediate suspension, disablement, or termination of your Workspace Services.
You acknowledge that you will, in no case whatsoever, be entitled to an account credit or refund for the Workspace Services, or any portion of the Workspace Services, for any violations to any terms in this Agreement.
7. Term and Termination
This Agreement shall commence on the first day that Workspace Services are ordered and shall remain in force continuously and uninterrupted so long as the Workspace Services are active. This Agreement shall renew upon payment of renewal fees by you.
All Workspace Services under this Agreement are provided on a pre-paid or advanced basis.
You acknowledge that you will, in no case whatsoever, be entitled to an account credit or refund for the Workspace Services, or any portion of the Workspace Services, for any violations to any terms in this Agreement.
You may terminate this Agreement at any time without written notice. Upon termination, we shall terminate access to the Workspace Services and any data provided in connection with the Services immediately. Any possible refund at termination will be subject to the terms in section 4.
8. Disclaimers
Except as expressly provided for in the Agreement, to the fullest extent permitted by applicable law, neither 101domain does not (a) make any other warranties of any kind, whether express, implied, statutory or otherwise, including warranties of merchantability, fitness for a particular use, noninfringement, or error-free or uninterrupted use of the Workspace Services; and (b) makes no representation about content or information made accessible through the Workspace Services.
Last Modified 2021-01-19