|
Go to the Additional Terms for services made available with the new accounts infrastructure
Google Apps for Business Online Agreement
This Google Apps for Business Online Agreement (the “Agreement”)
is entered into by and between Google Inc., a Delaware corporation,
with offices at 1600 Amphitheatre Parkway, Mountain View, California
94043 (“Google”) and the entity agreeing to these terms (“Customer”). This Agreement is effective as of the date you click the “I Accept” button below (the “Effective Date”).
If you are accepting on behalf of your employer or another entity, you
represent and warrant that: (i) you have full legal authority to bind
your employer, or the applicable entity, to these terms and conditions;
(ii) you have read and understand this Agreement; and (iii) you agree,
on behalf of the party that you represent, to this Agreement. If you
don’t have the legal authority to bind your employer or the applicable
entity, please do not click the “I Accept” button below. This Agreement
governs Customer’s access to and use of the Services.
- 1. Services.
- 1.1 Facilities and Data Transfer.
All facilities used to store and process Customer Data will adhere to
reasonable security standards no less protective than the security
standards at facilities where Google stores and processes its own
information of a similar type. Google has implemented at least industry
standard systems and procedures to ensure the security and
confidentiality of Customer Data, protect against anticipated threats
or hazards to the security or integrity of Customer Data, and protect
against unauthorized access to or use of Customer Data.As part of
providing the Services, Google may transfer, store and process Customer
Data in the United States or any other country in which Google or its
agents maintain facilities. By using the Services, Customer consents to
this transfer, processing and storage of Customer Data.
- 1.2 Modifications.
- a. To the Services.
Google may make commercially reasonable changes to the Services, from
time to time. If Google makes a material change to the Services, Google
will inform Customer, provided that Customer has subscribed with Google
to be informed about such change.
- b. To URL Terms.
Google may make commercially reasonable changes to the URL Terms from
time to time. If Google makes a material change to the URL Terms,
Google will inform Customer by either sending an email to the
Notification Email Address or alerting Customer via the Admin Console.
If the change has a material adverse impact on Customer and Customer
does not agree to the change, Customer must so notify Google via the
Help Center within thirty days after receiving notice of the change. If
Customer notifies Google as required, then Customer will remain
governed by the terms in effect immediately prior to the change until
the end of the then-current Services Term for the affected Services. If
the affected Services are renewed, they will be renewed under Google’s
then current URL Terms.
- 1.3 Customer Domain Name Ownership.
Prior to providing the Services, Google may verify that Customer owns
or controls the Customer Domain Names. If Customer does not own, or
control, the Customer Domain Names, then Google will have no obligation
to provide Customer with the Services.
- 1.4 Ads.
The default setting for the Services is one that does not allow Google
to serve Ads. Customer may change this setting in the Admin Console,
which constitutes Customer’s authorization for Google to serve Ads. If
Customer enables the serving of Ads, it may revert to the default
setting atany time and Google will cease serving Ads.
- 2. Customer Obligations.
- 2.1 Compliance.
Customer will use the Services in accordance with the Acceptable Use
Policy. Google may make new applications, features or functionality
available from time to time through the Services, the use of which may
be contingent upon Customer’s agreement to additional terms. Customer
agrees that its use of the Domain Service is subject to its compliance
with the Domain Service Terms.
- 2.2 Aliases.
Customer is solely responsible for monitoring, responding to, and
otherwise processing emails sent to the “abuse” and “postmaster”
aliases for Customer Domain Names, but Google may monitor emails sent
to these aliases for Customer Domain Names to allow Google to identify
Services abuse.
- 2.3 Customer Administration of the Services.
Customer may specify one or more Administrators through the Admin
Console who will have the rights to access Admin Account(s) and to
administer the End User Accounts. Customer is responsible for: (a)
maintaining the confidentiality of the password and Admin Account(s);
(b) designating those individuals who are authorized to access the
Admin Account(s); and (c) ensuring that all activities that occur in
connection with the Admin Account(s) comply with the Agreement.
Customer agrees that Google’s responsibilities do not extend to the
internal management or administration of the Services for Customer and
that Google is merely a data-processor.
- 2.4 End User Consent.
Customer’s Administrators may have the ability to access, monitor, use,
or disclose data available to End Users within the End User Accounts.
Customer will obtain and maintain all required consents from End Users
to allow: (i) Customer’s access, monitoring, use and disclosure of this
data and Google providing Customer with the ability to do so and (ii)
Google to provide the Services.
- 2.5 Unauthorized Use.
Customer will use commercially reasonable efforts to prevent
unauthorized use of the Services, and to terminate any unauthorized
use. Customer will promptly notify Google of any unauthorized use of,
or access to, the Services of which it becomes aware.
- 2.6 Restrictions on Use.
Unless Google specifically agrees in writing, Customer will not, and
will use commercially reasonable efforts to make sure a third party
does not: (a) sell, resell, lease or the functional equivalent, the
Services to a third party (unless expressly authorized in this
Agreement); (b) attempt to reverse engineer the Services or any
component; (c) attempt to create a substitute or similar service
through use of, or access to, the Services; (d) use the Services for
High Risk Activities; or (e) use the Services to store or transfer any
Customer Data that is controlled for export under Export Control Laws.
- 2.7 Third Party Requests.
Customer is responsible for responding to Third Party Requests. Google
will, to the extent allowed by law and by the terms of the Third Party
Request: (a) promptly notify Customer of its receipt of a Third Party
Request; (b) comply with Customer’s reasonable requests regarding its
efforts to oppose a Third Party Request; and (c) provide Customer with
the information or tools required for Customer to respond to the Third
Party Request. Customer will first seek to obtain the information
required to respond to the Third Party Request on its own, and will
contact Google only if it cannot reasonably obtain such information.
- 3. Payment.
- 3.1 Payment. All payments due are in U.S. dollars unless otherwise indicated on the Order Page or invoice.
- a. Credit Card Orders.
Fees for Credit Card orders are due immediately upon order placement.
Google will bill the credit card provided via the Order Page for all
applicable Fees when due. If credit card authorizations or charge
attempts are declined, Google may immediately disable or cancel the
Services, in its sole discretion.
- b. Invoice Orders.
Fees for orders where Google issues an invoice are due upon Customer’s
receipt of the invoice, and are considered delinquent thirty days after
the date of the applicable invoice.
- 3.2 Delinquent Payments.
Delinquent payments may bear interest at the rate of one-and-one-half
percent per month (or the highest rate permitted by law, if less) from
the payment due date until paid in full. Customer will be responsible
for all reasonable expenses (including attorneys’ fees) incurred by
Google in collecting such delinquent amounts, except where such
delinquent amounts are due to Google’s billing inaccuracies.
- 3.3 Taxes.
Customer is responsible for any Taxes, and Customer will pay Google for
the Services without any reduction for Taxes. If Google is obligated to
collect or pay Taxes, the Taxes will be invoiced to Customer, unless
Customer provides Google with a valid tax exemption certificate
authorized by the appropriate taxing authority. If Customer is required
by law to withhold any Taxes from its payments to Google, Customer must
provide Google with an official tax receipt or other appropriate
documentation to support such payments.
- 4. Technical Support Services.
- 4.1 By Customer.
Customer will, at its own expense, respond to questions and complaints
from End Users or third parties relating to Customer’s or End Users’
use of the Services. Customer will use commercially reasonable efforts
to resolve support issues before escalating them to Google.
- 4.2 By Google.
If Customer cannot resolve a support issue consistent with the above,
then Customer may escalate the issue to Google in accordance with the
TSS Guidelines. Google will provide TSS to Customer in accordance with
the TSS Guidelines.
- 5. Suspension.
- 5.1 Of End User Accounts by Google.
If Google becomes aware of an End User’s violation of the Agreement,
then Google may specifically request that Customer Suspend the
applicable End User Account. If Customer fails to comply with Google’s
request to Suspend an End User Account, then Google may do so. The
duration of any Suspension by Google will be until the applicable End
User has cured the breach which caused the Suspension.
- 5.2 Emergency Security Issues.
Notwithstanding the foregoing, if there is an Emergency Security Issue,
then Google may automatically Suspend the offending use. Suspension
will be to the minimum extent and of the minimum duration required to
prevent or terminate the Emergency Security Issue. If Google Suspends
an End User Account for any reason without prior notice to Customer, at
Customer’s request, Google will provide Customer the reason for the
Suspension as soon as is reasonably possible.
- 6. Confidential Information.
- 6.1 Obligations.
Each party will: (a) protect the other party’s Confidential Information
with the same standard of care it uses to protect its own Confidential
Information; and (b) not disclose the Confidential Information, except
to Affiliates, employees and agents who need to know it and who have
agreed in writing to keep it confidential. Each party (and any
Affiliates, employees and agents to whom it has disclosed Confidential
Information) may use Confidential Information only to exercise rights
and fulfill its obligations under this Agreement, while using
reasonable care to protect it. Each party is responsible for any
actions of its Affiliates, employees and agents in violation of this
Section.
- 6.2 Exceptions.
Confidential Information does not include information that: (a) the
recipient of the Confidential Information already knew; (b) becomes
public through no fault of the recipient; (c) was independently
developed by the recipient; or (d) was rightfully given to the
recipient by another party.
- 6.3 Required Disclosure.
Each party may disclose the other party’s Confidential Information when
required by law but only after it, if legally permissible: (a) uses
commercially reasonable efforts to notify the other party; and (b)
gives the other party the chance to challenge the disclosure.
- 7. Intellectual Property Rights; Brand Features.
- 7.1 Intellectual Property Rights.
Except as expressly set forth herein, this Agreement does not grant
either party any rights, implied or otherwise, to the other’s content
or any of the other’s intellectual property. As between the parties,
Customer owns all Intellectual Property Rights in Customer Data, and
Google owns all Intellectual Property Rights in the Services.
- 7.2 Display of Brand Features.
Google may display only those Customer Brand Features authorized by
Customer (such authorization is provided by Customer uploading its
Brand Features into the Services), and only within designated areas of
the Service Pages. Customer may specify the nature of this use using
the Admin Console. Google may also display Google Brand Features on the
Service Pages to indicate that the Services are provided by Google.
Neither party may display or use the other party’s Brand Features
beyond what is allowed in this Agreement without the other party’s
prior written consent.
- 7.3 Brand Features Limitation.
Any use of a party’s Brand Features will inure to the benefit of the
party holding Intellectual Property Rights in those Brand Features. A
party may revoke the other party’s right to use its Brand Features
pursuant to this Agreement with written notice to the other and a
reasonable period to stop the use.
- 8. Publicity.
Neither party may make any public statement regarding the relationship
contemplated by this Agreement without the other party’s prior written
consent.
- 9. Representations, Warranties and Disclaimers.
- 9.1 Representations and Warranties.
Each party represents that it has full power and authority to enter
into the Agreement. Each party warrants that it will comply with all
laws and regulations applicable to its provision, or use, of the
Services, as applicable (including applicable security breach
notification law). Google warrants that it will provide the Services in
accordance with the applicable SLA.
- 9.2 Disclaimers.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT AS EXPRESSLY
PROVIDED FOR HEREIN, NEITHER PARTY MAKES ANY OTHER WARRANTY OF ANY
KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING
WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR USE AND NONINFRINGEMENT. GOOGLE MAKES NO REPRESENTATIONS
ABOUT ANY CONTENT OR INFORMATION MADE ACCESSIBLE BY OR THROUGH THE
SERVICES. CUSTOMER ACKNOWLEDGES THAT THE SERVICES ARE NOT A TELEPHONY
SERVICE AND THAT THE SERVICES ARE NOT CAPABLE OF PLACING OR RECEIVING
ANY CALLS, INCLUDING EMERGENCY SERVICES CALLS, OVER PUBLICLY SWITCHED
TELEPHONE NETWORKS.
- 10. Term
- 10.1 Agreement Term. This Agreement will remain in effect for the Term.
- 10.2 Services Term and Purchases During Services Term.
Google will provide the Services to Customer during the Services Term.
Unless the parties agree otherwise in writing, End User Accounts
purchased during any Services Term will have a prorated term ending on
the last day of that Services Term
- 10.3 Auto-Renewal.
At the end of each Services Term, the Services (and all End User
Accounts previously purchased) will automatically renew for an
additional Services Term of twelve months by default. Customer will pay
Google the then-current yearly Fees for each renewed End User Account
unless Customer and Google mutually agree otherwise. Customer may alter
the number of End User Accounts to be renewed by communicating the
appropriate number of accounts to be renewed to Google via the Admin
Console. If Google does not want the Services to renew, then it will
provide Customer written notice to this effect at least fifteen days
prior to the end of the then current Services Term. This notice of non
renewal will be effective upon the conclusion of the then current
Services Term.
- 10.4 Disabling Automatic Renewal.
Customer may disable the automatic renewal option via the Admin
Console. If Customer disables this automatic renewal setting,
Customer’s End User Accounts will terminate upon the conclusion of the
then current term. Google may re-enable the automatic renewal setting
on Customer’s behalf if Customer reduces or modifies the number of End
User Accounts scheduled for renewal via the Admin Console.
- 10.5 Requesting End User Accounts.
Customer may request End User Accounts by: (i) notifying its designated
Google Account Manager; or (ii) ordering End User Accounts via the
Admin Console.
- 10.6 Revising Rates.
Google may revise its rates for the following Services Term by
providing Customer written notice (which may be by email) at least
thirty days prior to the start of the following Services Term.
- 11. Termination.
- 11.1 Termination for Breach.
Either party may suspend performance or terminate this Agreement if:
(i) the other party is in material breach of the Agreement and fails to
cure that breach within thirty days after receipt of written notice;
(ii) the other party ceases its business operations or becomes subject
to insolvency proceedings and the proceedings are not dismissed within
ninety days; or (iii) the other party is in material breach of this
Agreement more than two times notwithstanding any cure of such
breaches.
- 11.2 Effects of Termination.
If this Agreement terminates, then: (i) the rights granted by one party
to the other will cease immediately (except as set forth in this
Section); (ii) Google will provide Customer access to, and the ability
to export, the Customer Data for a commercially reasonable period of
time at Google’s then-current rates for the applicable Services; (iii)
after a commercially reasonable period of time, Google will delete
Customer Data by removing pointers to it on Google’s active and
replication servers and overwriting it over time; and (iv) upon request
each party will promptly use commercially reasonable efforts to return
or destroy all other Confidential Information of the other party.
- 12. Indemnification.
- 12.1 By Customer.
Customer will indemnify, defend, and hold harmless Google from and
against all liabilities, damages, and costs (including settlement costs
and reasonable attorneys’ fees) arising out of a third party claim: (i)
regarding Customer Data or Customer Domain Names; (ii) that Customer
Brand Features infringe or misappropriate any patent, copyright, trade
secret or trademark of a third party; or (iii) regarding Customer’s use
of the Services in violation of the Acceptable Use Policy.
- 12.2 By Google.
Google will indemnify, defend, and hold harmless Customer from and
against all liabilities, damages, and costs (including settlement costs
and reasonable attorneys’ fees) arising out of a third party claim that
Google’s technology used to provide the Services or any Google Brand
Feature infringe or misappropriate any patent, copyright, trade secret
or trademark of such third party. Notwithstanding the foregoing, in no
event shall Google have any obligations or liability under this Section
arising from: (i) use of any Services or Google Brand Features in a
modified form or in combination with materials not furnished by Google,
and (ii) any content, information or data provided by Customer, End
Users or other third parties.
- 12.3 Possible Infringement.
- a. Repair, Replace, or Modify.
If Google reasonably believes the Services infringe a third party’s
Intellectual Property Rights, then Google will: (a) obtain the right
for Customer, at Google’s expense, to continue using the Services; (b)
provide a non-infringing functionally equivalent replacement; or (c)
modify the Services so that they no longer infringe.
- b. Suspension or Termination.
If Google does not believe the foregoing options are commercially
reasonable, then Google may suspend or terminate Customer’s use of the
impacted Services. If Google terminates the impacted Services, then
Google will provide a pro-rata refund of the unearned Fees actually
paid by Customer applicable to the period following termination of such
Services.
- 12.4 General.
The party seeking indemnification will promptly notify the other party
of the claim and cooperate with the other party in defending the claim.
The indemnifying party has full control and authority over the defense,
except that: (a) any settlement requiring the party seeking
indemnification to admit liability or to pay any money will require
that party’s prior written consent, such consent not to be unreasonably
withheld or delayed; and (b) the other party may join in the defense
with its own counsel at its own expense. THE INDEMNITIES ABOVE ARE A
PARTY’S ONLY REMEDY UNDER THIS AGREEMENT FOR VIOLATION BY THE OTHER
PARTY OF A THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS.
- 13. Limitation of Liability.
- 13.1 Limitation on Indirect Liability.
NEITHER PARTY WILL BE LIABLE UNDER THIS AGREEMENT FOR LOST REVENUES OR
INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE
DAMAGES, EVEN IF THE PARTY KNEW OR SHOULD HAVE KNOWN THAT SUCH DAMAGES
WERE POSSIBLE AND EVEN IF DIRECT DAMAGES DO NOT SATISFY A REMEDY.
- 13.2 Limitation on Amount of Liability.
NEITHER PARTY MAY BE HELD LIABLE UNDER THIS AGREEMENT FOR MORE THAN THE
AMOUNT PAID BY CUSTOMER TO GOOGLE HEREUNDER DURING THE TWELVE MONTHS
PRIOR TO THE EVENT GIVING RISE TO LIABILITY.
- 13.3 Exceptions to Limitations.
These limitations of liability apply to the fullest extent permitted by
applicable law but do not apply to breaches of confidentiality
obligations, violations of a party’s Intellectual Property Rights by
the other party, or indemnification obligations.
- 14. Miscellaneous.
- 14.1 Notices.
Unless specified otherwise herein, (a) all notices must be in writing
and addressed to the attention of the other party’s legal department
and primary point of contact and (b) notice will be deemed given: (i)
when verified by written receipt if sent by personal courier, overnight
courier, or when received if sent by mail without verification of
receipt; or (ii) when verified by automated receipt or electronic logs
if sent by facsimile or email.
- 14.2 Assignment.
Neither party may assign or transfer any part of this Agreement without
the written consent of the other party, except to an Affiliate, but
only if: (a) the assignee agrees in writing to be bound by the terms of
this Agreement; and (b) the assigning party remains liable for
obligations incurred under the Agreement prior to the assignment. Any
other attempt to transfer or assign is void.
- 14.3 Change of Control.Upon
a change of control (for example, through a stock purchase or sale,
merger, or other form of corporate transaction): (a) the party
experiencing the change of control will provide written notice to the
other party within thirty days after the change of control; and (b) the
other party may immediately terminate this Agreement any time between
the change of control and thirty days after it receives the written
notice in subsection (a).
- 14.4 Force Majeure.
Neither party will be liable for inadequate performance to the extent
caused by a condition (for example, natural disaster, act of war or
terrorism, riot, labor condition, governmental action, and Internet
disturbance) that was beyond the party’s reasonable control.
- 14.5 No Waiver. Failure to enforce any provision of this Agreement will not constitute a waiver.
- 14.6 Severability. If any provision of this Agreement is found unenforceable, the balance of the Agreement will remain in full force and effect.
- 14.7 No Agency. The parties are independent contractors, and this Agreement does not create an agency, partnership or joint venture.
- 14.8 No Third-Party Beneficiaries. There are no third-party beneficiaries to this Agreement.
- 14.9 Equitable Relief. Nothing in this Agreement will limit either party’s ability to seek equitable relief.
- 14.10 Governing Law.
This Agreement is governed by California law, excluding that state’s
choice of law rules. FOR ANY DISPUTE ARISING OUT OF OR RELATING TO THIS
AGREEMENT, THE PARTIES CONSENT TO PERSONAL JURISDICTION IN, AND THE
EXCLUSIVE VENUE OF, THE COURTS IN SANTA CLARA COUNTY, CALIFORNIA.
- 14.11 Amendments.Any amendment must be in writing and expressly state that it is amending this Agreement.
- 14.12 Survival. The following sections will survive expiration or termination of this Agreement: Section 3, 6, 7.1, 11.2, 12, 13, 14 and 15.
- 14.13 Entire Agreement.
This Agreement, and all documents referenced herein, is the parties’
entire agreement relating to its subject and supersedes any prior or
contemporaneous agreements on that subject. The terms located at a URL
and referenced in this Agreement are hereby incorporated by this
reference.
- 14.14 Interpretation of Conflicting Terms.
If there is a conflict between the documents that make up this
Agreement, the documents will control in the following order: the Order
Page, the Agreement, and the terms located at any URL. If Customer
signs a physical agreement with Google to receive the Services, the
physical agreement will override this online Agreement.
- 14.15 Counterparts.
The parties may enter into this Agreement in counterparts, including
facsimile, PDF or other electronic copies, which taken together will
constitute one instrument.
- 15. Definitions.
- “Acceptable Use Policy” means the acceptable use policy for the Services available at http://www.google.com/a/help/intl/en/admins/use_policy.html or such other URL as Google may provide.
- “Account Manager” means the Google business person working with Customer regarding Customer’s purchase of the Services.
- “Admin Account(s)”
means the administrative account(s) provided to Customer by Google for
the purpose of administering the Services. The use of the Admin
Account(s) requires a password, which Google will provide to Customer.
- “Admin Console” means the online tool provided by Google to Customer for use in reporting and certain other administration functions.
- “Administrators” mean the Customer-designated technical personnel who administer the Services to End Users on Customer’s behalf.
- “Ads” means online advertisements displayed by Google to End Users.
- “Affiliate” means any entity that directly or indirectly controls, is controlled by, or is under common control with a party.
- “Brand Features”
means the trade names, trademarks, service marks, logos, domain names,
and other distinctive brand features of each party, respectively, as
secured by such party from time to time.
- “Confidential Information”
means information disclosed by a party to the other party under this
Agreement that is marked as confidential or would normally be
considered confidential under the circumstances. Customer Data is
Customer’s Confidential Information.
- “Customer Data” means data, including email, provided, generated, transmitted or displayed via the Services by Customer or End Users.
- “Customer Domain Names”
mean the domain names owned or controlled by Customer, which will be
used in connection with the Services and specified in the Order Page.
- “Domain Service”
means a service provided by Google to Customer purely for Customer’s
convenience, where Customer may, through a Google-provided interface,
register domain names through, or transfer domain names to, Registrar
Partners (as defined in the Domain Service Terms).
- “Domain Service Terms” means the terms at: http://www.google.com/a/help/intl/en/admins/domain_service_terms.html, or other such URL as may be provided by Google.
- “Emergency Security Issue”
means either: (a) Customer’s use of the Services in violation of the
Acceptable Use Policy, which could disrupt: (i) the Services; (ii)
other customer’s use of the Services; or (iii) the Google network or
servers used to provide the Services; or (b) unauthorized third party
access to the Services.
- “End Users” means the individuals Customer permits to use the Services.
- “End User Account” means a Google-hosted account established by Customer through the Services for an End User.
- “Export Control Laws”
means all applicable export and reexport control laws and regulations,
including the Export Administration Regulations (“EAR”) maintained by
the U.S. Department of Commerce, trade and economic sanctions
maintained by the Treasury Department’s Office of Foreign Assets
Control, and the International Traffic in Arms Regulations (“ITAR”)
maintained by the Department of State.
- “Fees” means the amounts invoiced to Customer by Google for the Services as described in an Order Page.
- “Help Center” means the Google help center accessible at http://www.google.com/support/, or other such URL as Google may provide.
- “High Risk Activities”
means uses such as the operation of nuclear facilities, air traffic
control, or life support systems, where the use or failure of the
Services could lead to death, personal injury, or environmental damage.
- “Initial Services Term” means the term for the applicable Services beginning on the Service Commencement Date and continuing for twelve months.
- “Intellectual Property Rights”
means current and future worldwide rights under patent law, copyright
law, trade secret law, trademark law, moral rights law, and other
similar rights.
- “Notification Email Address”
means the email address designated by Customer to receive email
notifications from Google. Customer may change this email address
through the Admin Console.
- “Order Page”
means the online order page Customer completes in signing up for the
Services, and which contains: (i) the Services being ordered; (ii)
Fees; (iii) number of, and Initial Services Term for, End User
Accounts; (iv) a valid credit card; and (v) Customer Domain Names.
- “Purchase Order” means a Customer issued purchase order.
- “Service Commencement Date”
is the date upon which Google makes the Services available to Customer,
and will be within one week of Google’s receipt of the completed Order
Page, unless otherwise agreed by the parties.
- “Service Pages” mean the web pages displaying the Services to End Users.
- “Services”
means the Google Apps Core Services (e.g. Google Apps Premier Edition
or Google Apps for Business) provided by Google and used by Customer
under this Agreement. The Services are as described here: http://www.google.com/a/help/intl/en/users/user_features.html, or other such URL as may be provided by Google.
- “Services Term” means the Initial Services Term and all renewal terms for the applicable Services.
- “SLA” means the Service Level Agreement located here: http://www.google.com/a/help/intl/en/admins/sla.html, or such other URL as Google may provide.
- “Suspend”
means the immediate disabling of access to the Services, or components
of the Services, as applicable, to prevent further use of the Services.
- “Taxes” means any duties,
customs fees, or taxes (other than Google’s income tax) associated with
the sale of the Services, including any related penalties or interest.
- “Term”
means the term of the Agreement, which will begin on the Effective Date
and continue until the earlier of (i) the end of the last Services Term
or (ii) the Agreement is terminated as set forth herein.
- “Third Party Request”
means a request from a third party for records relating to an End
User’s use of the Services. Third Party Requests can be a lawful search
warrant, court order, subpoena, other valid legal order, or written
consent from the End User permitting the disclosure.
- “TSS” means the technical support services provided by Google to the Administrators during the Term pursuant to the TSS Guidelines.
- “TSS Guidelines”
means Google’s technical support services guidelines then in effect for
the Services. TSS Guidelines are at the following URL: http://www.google.com/a/help/intl/en/admins/tssg.html or such other URL as Google may provide.
- “URL Terms” means the “Acceptable Use Policy,” the “Domain Service Terms,” the “SLA,” and the “TSS Guidelines.”
|