Google Workspace/G Suite Service Agreement

This Google Workspace/G Suite Service Agreement (“Agreement”) sets forth the terms and conditions of your use of the Google Inc. (“Google”) hosted services currently known as “Google Workspace” (formerly known as “G Suite,” “Google Apps for Business,” “Google Apps Vault,” and/or “Google Drive Storage”) (as these services may be renamed from time to time) (“Services”). In this Agreement, “you” and “your” refer to the customer. “We,” “us,” and “our” refer to 10Corp, a reseller of Google Workspace services.

1. Your Agreement

The Services are provided by Google but are resold and administered by 10Corp. You acknowledge that your use of the Services is subject to this Agreement with 10Corp and the applicable Google Workspace Terms of Service (“TOS”). The TOS is a contract between you and Google. We will have no liability for 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 this Agreement.

2. Changes to this Agreement

This Agreement may change over time due to amendments by us or applicable law. Before any material changes become binding, we will notify you via email or website announcement. If you do not agree with the changes, you may terminate the agreement within thirty (30) days without incurring additional fees. Your continued use of the Services indicates your consent to the changes. Unless otherwise specified, changes bind you thirty (30) days after notification.

3. Fees; Payment Issues

You agree to pay the applicable Service fees before activation. If fees change, we will provide thirty (30) days prior notice on the 10Corp website or other reasonable means. All fees are non-refundable, except where explicitly stated. If payment issues arise (e.g., chargebacks), we may suspend or terminate access to the Services until full payment, including any reinstatement fees, is received. We will notify you at least fourteen (14) days before automatic renewal.

4. Representations and Warranties

You represent and warrant that:

You will not resell, distribute, lease, or allow third-party use of the Services.
You are not a Google Workspace for Government or other restricted Google customer.
Your business has seven hundred forty-nine (749) or fewer employees, and you will notify us if this changes.
Your principal place of business is not within China, Cuba, Iran, Myanmar, North Korea, Sudan, or Syria.

5. Term and Renewal

The Services will be provided for the term selected through the Services interface. Unless terminated through the Services interface before expiration, Services will renew automatically for an equal term. Charges will be billed to your credit card on file. You agree to keep payment details updated.

6. Termination

We may terminate this Agreement upon thirty (30) days’ written notice. If terminated, we or Google may offer you the option to migrate to a direct Google relationship or another reseller. You may terminate Services via the Services interface before renewal.

7. Support

We will provide support for questions or complaints related to your use of the Services. Google will provide customer support according to the Google TOS. Our support hours are Monday–Friday, 9 AM to 6 PM (PST), with a 24-hour response time for inquiries.

8. Service Level Agreement

Google provides a service level agreement (SLA) to you under the TOS. The SLA may be updated periodically. In case of service violations, you are eligible for remedies as specified in the SLA and must request such remedies directly from us.

9. Disclaimers

TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER WE NOR GOOGLE MAKE ANY EXPRESS OR IMPLIED WARRANTY, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NEITHER WE NOR GOOGLE GUARANTEE SERVICE AVAILABILITY OR ACCURACY OF CONTENT.

10. Limitation of Liability

OUR LIABILITY UNDER THIS AGREEMENT SHALL NOT EXCEED THE AMOUNT PAID BY YOU FOR THE SERVICES IN THE TWELVE (12) MONTHS PRIOR TO THE CLAIM. WE ARE NOT LIABLE FOR LOST PROFITS, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY.

11. Indemnification

You will indemnify us against third-party claims to the same extent you indemnify Google under the TOS, including claims related to unauthorized access, data breaches, or illegal use of the Services.

12. Governing Law and Arbitration

This Agreement is governed by the laws of the United States and the State of Washington. Disputes shall be resolved through binding arbitration in King County, Washington, under JAMS Comprehensive Arbitration Rules. Each party shall bear its arbitration costs unless otherwise determined by the arbitrator.

13. Data Protection and Compliance

Customers subject to GDPR must enter into a Data Processing Agreement (DPA) with 10Corp to ensure compliance with EU data protection laws. You are responsible for implementing security measures such as access controls, data encryption, and backups.

14. General

This Agreement constitutes the entire understanding between you and us. No waiver of any provision shall be deemed a waiver of future rights. If any provision is found unenforceable, the remaining terms remain in effect. Notices must be in writing and sent to the legal contact listed in your 10Corp account. This Agreement may not be amended except by written agreement signed by both parties.

Last Modified: Monday, January 8, 2024.