Appamondo Google Apps Service Terms

Google Apps Service Terms and Conditions

Glossary:

“Service Provider”: Refers to MIMASM Limited trading as Appamondo, registered number 07783734 whose registered office is at Boho One, Bridge Street West, Middlesbrough,TS2 1AE

“Customer”: Refers to the party receiving services from the Service Provider.

“Go-Live”: Refers to the date of commencement of live email services (MX records pointed to Google Mailservers).


Background

By paying for, and/or receiving services from the Service Provider, the Customer agrees to the conditions laid out in this Document, and is of the opinion that the Service Provider has the necessary qualifications, experience and abilities to provide services to the Customer.

The Service Provider is agreeable to providing such services to the Customer on the terms and conditions laid out in this document.

In consideration of matters described above and of the mutual benefits and obligations set forth in this Document, the receipt and sufficiency of which consideration is hereby acknowledged, the Customer and the Service Provider (individually the “party” and collectively the “parties” to this Document) agree as follows:

Services Provided

1. The Customer agrees to engage the Service Provider to provide the Customer with services (the “Services”) consisting of:

Google Apps for Work as a fully Managed & Supported Service .

2. The Managed and Supported Services are summarised in Schedule 1 to this Document.

Term

3. The term for services rendered (the “Term”) will begin on the date of commencement of live Services (‘Go-Live’ date), or receipt of payment of the Service Providers first invoice, whichever is sooner. The conditions laid out in this document will remain in full force and effect for 12 months, subject to earlier termination as detailed in this Document and thereafter shall renew for a further 12 successive Months (“Renewal Period”) unless terminated by the Customer, giving no less than one month’s notice to the Service Provider, such notice to expire on the last day of the initial access Term or of a Renewal Period.

Performance

4. The Parties agree to do everything to ensure that the terms of this Document take effect.

Currency

5. Except as otherwise stated, any and all monetary amounts referred to by Appamondo are in GBP.

Subscription Payments

6.1 The Customer shall pay the following monthly fee for Google Apps for Work Managed Service rendered by the Service Provider (“the Fees”) under the payment terms as per the online signup form detailed in Schedule 2.

6.2 Payment of all sums due under this Document shall be made by Customer without any set-off, deduction or withholding whatsoever.

6.3 The Service Provider may increase the total subscription: (a) where the Customer requires additional Users; or (b) by no less than two Months’ notice to take effect at the start of a Renewal Period.

Liability

7. The Service Provider does not exclude or restrict liability for fraud, or for death or personal injury caused by its negligence, and shall not be liable to the Customer for loss of profit, revenue, contracts, anticipated savings or any other indirect or consequential loss. In any event, the Service Provider shall not be liable to the Customer for more than the Fees.

Termination

8.1 The Customer may terminate Services provided under this Document on 30 Calendar Days’ notice, such notice not to expire before the end of the applicable committed period (the Term).

8.2 In the event of termination by:

(a) the Customer of this Service

(b) the Customer within its committed period (the Term); or

(c) The Service Provider for material breach of obligations by the Customer,

8.3 the Customer will be liable to pay all applicable Early Termination Charges, Cancellation Charges and any Charges to be applied, including, but not limited to the remaining Fees due for any remainder of the agreed term.

8.4 Following termination of the Services the Service Provider shall be under no obligation to provide the Customer with access to any service, management tools or interfaces provided to the Customer.

Confidentiality & Data Protection

9.1 The recipient of any Confidential Information will not disclose that Confidential Information, except to the company, employees and/or professional advisors who need to know it and who have agreed in writing (or in the case of professional advisors are otherwise bound) to keep it confidential. The recipient will ensure that those people and entities may use such Confidential Information only to exercise rights and fulfil obligations under this Document, while using reasonable care to protect it. The recipient may also disclose Confidential Information when required by law after giving reasonable notice to the discloser, such notice to be sufficient to give the discloser the opportunity to seek confidential treatment, a protective order or similar remedies or relief prior to disclosure.

9.2 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.

9.3 The Service Provider agrees to comply and have adequate measures in place to ensure that its staff comply at all times with the provisions and obligations contained in (as amended from time to time) The Data Protection Act 1998

Warranties

10.1 Warranties. Each party warrants to the other that it will use reasonable care and skill in complying with its obligations under this Document.

10.2 Disclaimers. No conditions, warranties or other terms apply to any Services or to any other goods or services supplied by The Service Provider under this Document unless expressly set out in this Document. No implied conditions, warranties or other terms apply (including any implied terms as to satisfactory quality, fitness for purpose or conformance with description).

Limitation of Liability

11.1 Nothing in this Document shall exclude or limit either party’s liability for: (a) death or personal injury resulting from the negligence of either party or their servants, agents or employees; (b fraud or fraudulent misrepresentation; (c) breach of any implied condition as to title or quiet enjoyment; or (d) misuse of confidential information.

11.2 Save to the extent that this Document expressly states otherwise, nothing in this Document shall exclude or limit either party’s liability under Item 10 (warranties).

11.3 Subject to Items 11.1 and 11.2, neither party shall be liable under this Document (whether in contract, tort or otherwise) for any of the following losses suffered or incurred by the other party (whether or not such losses were within the contemplation of the parties within the dates of the Term):

a. loss of actual or anticipated profits (including loss of profits on contracts);

b. loss of anticipated savings;

c. loss of business opportunity;

d. loss of reputation or damage to goodwill; and

e. special, indirect or consequential losses.

Governing Law

This Document will be governed, by and construed in accordance with, the law of England and Wales and shall be subject to the exclusive jurisdiction of the English courts.



Schedule 1

Detail of Managed Service Provision

Appamondo Deploy, Educate & Support the company and its end users to deliver technology as a service. With specific reference to Google Apps for Work as a managed service, we provide a 3 step method and approach, as detailed below:

1 - We create and set up your services, move your existing emails, and work with you to move your files into their new home.

2 - We teach every account holder how to use their new applications, individually, or in groups, by video, voice, document and demo.

3 - We support you, on a per user basis. Direct, personal support to each individual user during office hours (08.30-17.30, Mon-Fri). Email, web ticket, web chat, Twitter, remote access, video and phone support available.

The Google Apps services include email, calendar & contacts, text, voice and video chat, word processing, spreadsheet, presentation & form applications, plus storage space (30gb per user) all based online, in the cloud, and accessible from PC or Mac (desktop or laptop), phone or tablet (Android or iOS).



Schedule 2

Detailed of Google Apps for Work Managed Service and Payments Terms

Appamondo utilise online, paperless quotation and approval tool, Quotient to provide and sign off estimates. A link will be emailed to you directly after requesting a quotation from the Appamondo team, with a breakdown of services quoted, a summary of terms, and link to this document (titled Terms). A copy of the summary is listed below for your convenience.

Pricing based on annual recurring contract. 30day notice period applies. Invoices payable in advance by Direct Debit. Acceptance of this quotation is binding and represents your agreement to these Terms.

Additional Google Apps for Business users and Google Marketplace items are chargeable additions, please contact us for further details.

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