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This Agreement ("SLA") sets forth the terms and conditions of your use of any Google Inc. (“Google”) hosted services currently known as “Google Workspace” (formerly known as (“Google Apps for Business or G Suite”), “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 (the “Company”)(the “Company”), a limited liability company, and the Client who orders WhoGoHost Services. Each of WhoGoHost and the Customer is 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 OR GOOGLE MAY ESTABLISH FROM TIME TO TIME.
In addition, when you use your account or permit someone acting as your Agent to use it on your behalf to purchase or acquire access to additional Services, to cancel your Services, or to perform any transaction, (even if we were not notified of such authorization), you agree to be bound by the terms of this Agreement. 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 the use of the Services, which are provided by WhoGoHost, appear upon first use of each product or are otherwise made accessible by weblink 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 Google Workspace Services.
The Services are provided by Google Inc. You acknowledge and agree that your use of the Services is subject to the terms of this Agreement.
You must read through the Google Workspace Terms of Service and accept the Terms of Service prior to using the Services. The Terms of Service is a contract between you and Google. We will have no liability for the performance of the Services by Google other than as set forth in this Agreement. You are responsible for obtaining and maintaining any consents required from your individual end-users who use the Services to allow us to perform our obligations under the Agreement.
Google Workspace 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 Google Workspace Reseller Partner and we offer you installation and dedicated support. Whether you are starting a new business, you want to transfer from a free trial account for Google Workspace to the paid version, or you want to migrate from your existing email system to Google Workspace, 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.
If you cancel the Service, your cancellation will take effect immediately. After cancellation, you will no longer have access to your Google Workspace account. For as long as Google continues 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. Google or WhoGoHost 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 the posting on our website or by direct communication to you unless otherwise noted.
There will be no refunds for all paid Google Workspace accounts. If you are dissatisfied with such account service for any reason, please direct requests to firstname.lastname@example.org.
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 or decline access to some services. We do not accept any liability for such loss.
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 email@example.com