Service Specific Terms & Conditions (“SSTC”) - Google workspace

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• General

  1. Service(s): Google Workspace: Comprises Google Workspace subscriptions made available by Maxis from time to time, including Google Workspace Business Starter, Google Workspace Business Standard, Google Workspace Business Plus, Google Workspace Enterprise editions and such other Google Workspace editions, add-ons or related services as may be made available by Maxis.
     
  2. "You” or “Customer”: The Business Customer signing up for Google Workspace.
     
  3. Google Workspace is subject to the General Terms & Conditions (“GTC”), these Service Specific Terms & Conditions (“SSTC”), Maxis Fair Usage Policy and any other applicable terms and conditions, all available at www.maxis.com.my/tnc/business.
  4. Capitalised terms herein have the same meaning as defined in the GTC unless otherwise stated herein.
  5. Any conflict or inconsistency between this SSTC, the GTC and Summary Terms and Conditions (“STC”) shall be construed in the following order of precedence:
     1. this SSTC;
     2. the GTC; and
     3. the STC.
  6. We reserve our rights at any time, subject to applicable law, to revise these SSTC, Google Workspace and/or the applicable Charges. Where reasonably practicable, we will provide reasonable advance notice of any material changes. You acknowledge that you are responsible for regularly reviewing the applicable terms and conditions published by Maxis. Your continued use of Google Workspace following the effective date of any revision shall constitute acceptance of such revision, subject to applicable law.
  7. You acknowledge and agree that the use of Google Workspace and the Internet generally may expose you to risks including, without limitation:
     1. unauthorised access to or use of your accounts, systems or data;
     2. unauthorised disclosure of information transmitted, stored or shared through Google Workspace;
     3. cyber security incidents and other security threats; and
     4. service delays, interruptions, failures or loss of data.

• Eligibility

  8. Google Workspace is available to eligible new and existing Maxis Business customers, subject to Maxis’ applicable registration, credit, technical and provisioning requirements.
  9. To subscribe to Google Workspace, you must have a valid domain which you own or are authorised to use and administer.
  10. We may reject or be unable to process your application where:
      1. you do not satisfy the applicable eligibility requirements;
      2. the information provided by you is incomplete, inaccurate or misleading; or
      3. you do not satisfy Maxis’ applicable credit requirements

• Minimum Duration of Services

  11. Where applicable, the provision of Google Workspace shall continue for a minimum period of twelve (12) months from the activation date (“First Term”), as indicated in the Registration Form.
  12. The Google Workspace subscription shall be billed in accordance with the applicable payment frequency selected in the Registration Form.
  13. Regardless of the applicable payment frequency, you remain committed to the Google Workspace subscription for the entire twelve (12)-month First Term.
  14. During the applicable subscription term, you are not permitted to downgrade the Google Workspace edition or reduce the committed number of user licences, except as may be permitted under the applicable Google terms or otherwise approved by Maxis.
  15. Upon expiry of the First Term, the Google Workspace subscription shall only be renewed upon:
      1. your confirmation and acceptance of the renewal;
      2. completion of Maxis’ applicable renewal process; and
      3. confirmation of the renewal by Maxis.
  16. Unless otherwise stated, each renewal shall be for a further period of twelve (12) months (“Renewal Term”).
  17. The Charges applicable during a Renewal Term shall be the prevailing Charges offered by Maxis at the time of renewal or such other Charges as may be notified by Maxis.
  18. If you do not complete the renewal before expiry of the applicable subscription term, the Google Workspace subscription may expire, be suspended or be terminated. Continued access to Google Workspace and your data following expiry shall be subject to the applicable Google terms and policies.

• Additional User Licences

  1. You may request additional Google Workspace user licences during the First Term or any Renewal Term, subject to availability, Google’s applicable licensing requirements, Maxis’ provisioning process and payment of the applicable Charges.
  2. Unless otherwise stated, additional user licences activated during an existing subscription term shall:
     1. commence from the applicable activation date;
     2. form part of your existing Google Workspace subscription;
     3. be charged upfront on a prorated basis for the remaining period of the applicable subscription term; and
     4. expire on the same expiry date as your existing Google Workspace subscription.
  3. Charges for additional user licences shall be billed in accordance with the applicable payment arrangement determined by Maxis.
  4. Once an additional user licence has been activated, you are not permitted to cancel or reduce such licence during the remaining subscription term, except as otherwise expressly approved by Maxis.

• Termination

  23. Where the applicable subscription Charges have been paid upfront, termination or cessation of use before expiry of the applicable subscription term shall not entitle you to any refund, credit or prorated adjustment of the Charges paid, unless otherwise required by applicable law or the applicable Google Terms.
  24. Where the applicable subscription Charges have been fully paid upfront, no separate early termination charge shall apply solely as a result of early termination. You shall, however, remain liable for any outstanding Charges, including Charges for additional user licences, applicable taxes and any other amounts due and owing to Maxis under the Agreement.
  25. Maxis may suspend and/or terminate the affected Google Workspace subscription where:
      1. you fail to pay any Charges when due;
      2. you materially breach the Agreement or the applicable Google Terms;
      3. you use Google Workspace unlawfully or fraudulently;
      4. you resell, re-supply, sublicense, transfer, assign or novate the Google Workspace subscription without Maxis’ prior written approval;
      5. suspension or termination is required by Google, a regulatory authority or applicable law; or
      6. suspension or termination is otherwise permitted under the Agreement or the applicable Google Terms.
  26. Where suspension or termination arises from your breach of the Agreement or the applicable Google Terms, you shall not be entitled to any refund, credit or prorated adjustment of Charges paid for the applicable subscription term, except where otherwise required by applicable law or the applicable Google Terms.
  27. You acknowledge that Google may suspend or terminate your access to Google Workspace in accordance with the applicable Google Terms. Where any refund, credit or other adjustment is applicable because of such action, Maxis shall administer the applicable adjustment in accordance with the Google Terms and the Agreement.
  28. Termination, suspension or cessation of Google Workspace shall not relieve you of any payment obligations which have accrued or remain outstanding under the Agreement.
  29. You shall be responsible for managing, exporting or retaining your data before termination of Google Workspace in accordance with the applicable Google Terms.

• Charges

  30. The Charges applicable to Google Workspace are set out in the Agreement and/or Registration Form and may also be published at www.maxis.com.my/business.
  31. Unless otherwise stated, all Charges are exclusive of applicable taxes, duties, levies and regulatory charges imposed by law.
  32. The Google Workspace subscription shall be billed in accordance with the payment frequency selected in the Registration Form.
  33. The applicable payment frequency is a billing arrangement only and does not reduce or otherwise alter the twelve (12)-month subscription commitment.
  34. Where Charges are billed in advance, payment shall be made in accordance with the applicable invoice, and such Charges shall be subject to the committed subscription term.
  35. Any promotional, introductory or discounted pricing shall be subject to the applicable eligibility criteria, Google Workspace edition, licence quantity, promotional period and any other conditions stated in the applicable offer, Registration Form or promotional materials issued by Maxis.
  36. Unless otherwise stated, promotional, introductory or discounted pricing shall apply only during the applicable promotional period and shall not automatically continue upon renewal.
  37. Upon renewal, the Google Workspace subscription shall be charged at the prevailing Charges offered by Maxis at the time of renewal or such other Charges as may be notified by Maxis.

• Licence(s)

  38. We and/or Google hereby grant you the right to use Google Workspace in accordance with the applicable Google terms during the applicable subscription term.
  39. You may subscribe to a minimum of one (1) user licence or such other minimum quantity as may be determined by Maxis or Google from time to time.
  40. The number of licences permitted for the applicable Google Workspace edition shall be subject to Google’s prevailing licensing requirements.
  41. Each user accessing Google Workspace must be assigned a valid user licence unless otherwise permitted under the applicable Google terms.
  42. The ownership of Google Workspace, including all intellectual property rights relating to the software, platform, documentation and related services, shall remain the property of Google and/or its licensors at all times and shall not pass to you.

• Domain

  43. You shall have and maintain a valid domain which you own or are authorised to use and administer for the purpose of Google Workspace.
  44. You shall be responsible for completing any domain verification and domain or DNS configuration required for the activation and continued use of Google Workspace.
  45. Maxis shall not be responsible for any delay, interruption, email delivery issue or failure of Google Workspace arising from:
      1. your domain or DNS configuration;
      2. failure or delay in completing the required domain or DNS changes;
      3. DNS propagation;
      4. expiry, suspension or loss of your domain; or
      5. any act or omission of your domain registrar, DNS service provider or authorised administrator.

• Your Responsibilities and Obligations

  46. You acknowledge and agree that you shall:
      1. adhere to these SSTC and the applicable Google Workspace terms of service, service-specific terms, acceptable-use policies, data-processing terms and any other applicable Google policies (“Google Terms”);
      2. ensure that all authorised users comply with these SSTC and the applicable Google Terms;
      3. not carry out or permit to be carried out any unauthorised addition, modification, alteration, reverse engineering, disassembly, decompilation or other attempt to derive or gain access to the source code of Google Workspace;
      4. be solely responsible for all data, information, content and materials uploaded, transmitted, stored or processed through your Google Workspace subscription;
      5. be responsible for the security of your accounts and information, including administrator access, user access, passwords and other applicable security controls;
      6. maintain your own backup, data-retention and business-continuity arrangements where required. Maxis shall have no obligation to back up, restore or manage your data unless expressly agreed under a separate service;
      7. use all reasonable precautions to prevent and immediately report to Maxis and/or Google upon discovery of any fraud, unauthorised usage or unlawful act;
      8. not use or permit the use of Google Workspace in contravention of any applicable law or in a manner which causes or is likely to cause disruption to Maxis, Google or any other service provider;
      9. use Google Workspace in accordance with the applicable specifications, guidelines and recommendations provided by Google and/or Maxis;
      10. obtain and maintain all licences, permits, consents, authorisations, intellectual property rights and other approvals required for your use of Google Workspace;
      11. ensure that all equipment, software, systems and internet connectivity used in connection with Google Workspace are compatible, properly licensed and capable of supporting the Services;
      12. not resell, re-supply, sublicense, transfer, assign or novate the Google Workspace subscription, in whole or in part, without Maxis’ prior written consent;
      13. comply with all applicable data protection and privacy laws in relation to personal data processed by you through Google Workspace; and
      14. comply with all applicable export control, economic sanctions and trade restriction laws relating to your use of Google Workspace.
  47. Google Workspace shall continue independently from your mobile line(s) and/or any other Maxis services unless Google Workspace itself is suspended or terminated in accordance with the Agreement.
  48. Google’s processing of Customer Data shall be governed by the applicable Google Terms, including any applicable Google data-processing terms.
  49. Customer retains all rights, title and interest in its data stored, uploaded, transmitted or processed through Google Workspace. Customer acknowledges that such data may be hosted, processed, stored and managed by Google in accordance with the applicable Google Terms. Maxis does not control and shall not be responsible for the processing, storage, deletion, corruption, loss or unauthorised access to Customer Data arising from Google's systems or platform.

• Liability

  50. Google Workspace is an underlying third-party cloud service operated and provided by Google. Maxis acts as a reseller of Google Workspace and may provide subscription ordering, billing, licence provisioning, onboarding, customer support and escalation to Google, where applicable.
  51. The availability, functionality, performance and continued provision of Google Workspace are dependent on Google’s systems, infrastructure, policies and service processes.
  52. To the fullest extent permitted by applicable law, Maxis shall not be responsible for any loss, damage, liability or expense arising from:
      1. any suspension, interruption, modification or discontinuation of Google Workspace by Google which is beyond Maxis’ reasonable control;
      2. cyber incidents not directly caused by Maxis;
      3. unauthorised access to your accounts or data;
      4. your failure to secure your accounts, systems or devices;
      5. content, applications, software or non-Maxis materials used by you together with Google Workspace;
      6. your breach of applicable law or the applicable Google Terms; or
      7. systems, services or infrastructure provided by third parties.
  53. You acknowledge that Google Workspace may be subject to limitations, delays, service interruptions and other problems inherent in communication facilities, cloud infrastructure and the Internet. Maxis shall not be responsible for any delay, delivery failure or other loss or damage resulting from circumstances beyond Maxis’ reasonable control.
  54. You are solely responsible for any content, application, software or non-Maxis materials that you upload to, integrate with or use together with Google Workspace.
  55. Nothing in these SSTC excludes or limits Maxis’ obligations in respect of billing, provisioning, subscription administration, customer support or any other services expressly undertaken by Maxis under the Agreement.
  56. The limitations and exclusions of liability contained in the GTC shall also apply to Google Workspace.

• Customer Support

  57. Technical and customer support for Google Workspace shall be provided through Maxis’ designated customer support channels as published on Maxis’ official website.
  58. Maxis reserves the right to update its customer support channels, operating hours, support scope and support processes from time to time.