Annex 2: Additional Terms for G Suite Setup & License Subscriptions

Minimum Committed Term
Annual Subscription: 12 months
Flexible Subscription: 1 month

Additional Terms
1. After signing this Agreement and once itGenius Australia has set up the Customer’s Google Cloud account in accordance with this Agreement, itGenius Australia shall provide the Customer with the log­in details provided by Google to itGenius Australia, to enable the Customer to log on to G Suite. When the Customer first logs on to G Suite, Google will present the Google terms of service(“Google ToS”) to the Customer. The Google ToS must be accepted by the Customer before it can gain access to, or use, G Suite. The Google ToS shall form an agreement between Google and the Customer relating to the provision of G Suite to the Customer by Google. The Customer shall comply with the terms of the Google ToS.

2. Google may provide technical support services directly to the Customer’s IT administrators, pursuant to the technical support services guidelines specified in the Google ToS. The Customer may choose, in its sole discretion, to include itGenius Australia in communications with Google. If authorized by the Customer, itGenius Australia may submit issues to Google on behalf of the Customer.

3. Google Apps will be provided in accordance with the service level agreement (“SLA”) located at http://www.google.com/apps/intl/en/terms/reseller_sla.html​. This SLA may be updated periodically by Google. In the event of a breach of the SLA, itGenius Australia will provide to the Customer only the remedies specified in the SLA, all in accordance with and subject to the terms of the SLA. The Customer accepts the SLA as setting out its entire rights and remedies against itGenius Australia in the event of a failure by Google to provide, or any defect, or service failure, in, G Suite or any unavailability of G Suite.

4. The Customer shall not resell, distribute, lease, or allow another third party to use, Google Apps.

5. The Customer’s use of Google Apps is subject to the Customer’s compliance with Google’s acceptable use policy (the “AUP”) which is posted at Google’s website at ​http://www.google.com/apps/intl/en/terms/use_policy.html or such other address as Google may use from time to time.

6. itGenius Australia may suspend access to, or terminate, the Customer’s use of Google Apps if (a) the Customer engages in illegal or deceptive trade practices or any other behaviour prohibited by the Google ToS or otherwise by applicable terms of use for Google Apps; or (b) if Google terminates or suspends the provision of Google Apps to the Customer.

7. When the Customer uses Google Apps, Google may collect, maintain and use certain personal information about the Customer. In the Google ToS Google agrees to deal with such personal information in accordance with the Google Apps Privacy Notice which is posted at Google’s website at ​http://google.com/a/help/intl/en/admins/privacy.html or such other address as Google may use from time to time. The Customer acknowledges that it has read the said privacy policy and accepts its terms

8. The Customer acknowledges that in providing data migration services hereunder, itGenius Australia may use tools made available to business customers by Google or 3rd party companies for the purposes of migrating data from mail servers and software clients to Google Cloud and that the design and efficacy of these tools is not within the control of itGenius Australia. Accordingly, the Customer acknowledges that while itGenius Australia will use these tools as designed by the vendor, the migration of data achieved by these tools may not be 100% complete due to design or error and that itGenius Australia will not be responsible for achieving a higher degree of migration efficacy than the tools themselves provide. For these reasons, the Customer should ensure that it has a backup of all data being migrated and that such backup is retained for as long as the Customer might require or desire to access and use such data in the future.

 

Additional Terms – G Suite Promotional or Special Pricing Plans

G Suite Promotional or Special Pricing Plans are G Suite pricing plans that are offered by Google for a limited time with the need to meet requirements that are specified by Google.

Requirements 

a. The Customer must be an online-contract customer and is in the reseller portal of itGenius Australia.

b. The Customer must be on a flexible or monthly contract with their existing G Suite account. Otherwise, if they are on an annual-commit plan they will be eligible for this offer only at time of renewal unless if the client decides to forfeit the payment made for the annual contract and would like to start a new contract.

c. The Customer must be an existing G Suite customer for a minimum of 3 paid months at time of upgrade.

d. This is only available to existing customers on a G Suite plan with a minimum of 1 user.

e. The Customer must be willing to commit to this contract for the contract term specified in the promotion with a minimum number of licenses with the reseller (which means the licenses won’t be downgraded during the promotional contract term but only upgraded).

f. Special Pricing Plans cannot be used for downgrades from a higher G Suite Edition to a lower one.

g. This cannot be combined with any other offer unless written approval is given by itGenius Australia.

h. The Customer agrees to a minimum promotional contract term of service for G Suite (specified by email by itGenius Australia, coupon code or checkout page). In the event that the Plan is terminated by the Client prior to the end of the Term then the client will be liable to pay to itGenius Australia the amount of any shortfall between the discounted price and the amount paid to itGenius up to the date of termination of the committed term. For the avoidance of any doubt, the client will be required to pay 100% of the remaining minimum contract amount remaining for any early termination. 

i. The Customer acknowledges that they sign up for this contract with a specified minimum number of 1 licenses (or as many are ordered/required at the beginning of the G Suite Promotion term. Throughout the contract the client won’t be able to downgrade the number of licenses but is welcome to freely upgrade their licenses with the same discounted cost until the renewal date.

j. The discounted price will be specified by the G Suite Promotion or Special Pricing Plan by email from itGenius Australia, coupon code or checkout page.

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