Google Workspace Purchase Agreement

The entity agreeing to these terms ("Customer") and Google Asia Pacific Pte Ltd ("Google") has entered into that certain Google Workspace via Reseller Agreement (as amended to date, the "Agreement").

Whereas, Google India Pvt. Ltd. ("Google India") has been appointed by Google as a non-exclusive Reseller for Google Workspace.

These terms ("Purchase Terms") are entered into between Customer and Google India effective as of the date Customer clicks the "Accept" button below to indicate its acceptance of these Purchase Terms (the "Effective Date"). Capitalized terms not defined in these Purchase Terms will have the meaning given to them under the Agreement.

The parties agree as follows:

  • 1. Billing and Payment.
    • 1.1 Billing. Customer will pay all Fees for the Services. Google’s measurement tools will be used to determine Customer’s usage of the Services. Customer may elect one of the following billing options when placing its order for the Services.
      • a. Flexible Plan. If Customer selects this option, Customer will not be committed to purchase the Services for a pre-defined term, but will pay for the Services on a monthly basis. Google India will bill Customer: (i) Fees based upon Customer’s daily usage of the Services during the preceding month; and (ii) monthly in arrears for its use of the Services. Google India will provide Customer with the monthly rate for the Services when Customer orders the Services, and will use this rate to calculate the Fees, on a prorated basis, for Customer’s daily usage during that month. Google India may change the published list price at any time with 30 days notice. Any partial day of Services usages will be rounded up to a full day of Services usage for the purposes of calculating Fees. Customer may pay for the Services using the payment options listed below.
      • b. Annual Plan. If Customer selects this option, Customer will be committed to purchasing the Services from Google India for an annual term, and in exchange will receive a discount on the Services which will be reflected in Customer’s monthly payment. Google India will still bill Customer monthly in arrears for its use of the Services when Customer has an annual commitment for the Services with Google India. If Customer cancels before the annual term shown on the Order Form, Customer will be charged a closeout charge on the next billing cycle for the remaining unpaid balance of the annual commitment. Customer may pay for the Services using the payment options listed below.
    • 1.2 Payment. All payments due are in Indian Rupees (INR) unless otherwise indicated on the Order Form or invoice.
      • a. Credit Card or Debit Card. Fees for orders where Customer is paying with a credit card, debit card or other non-invoice form of payment are due at the end of the month during which Customer received the Services. For credit cards, or debit cards, as applicable: (i) Google India will charge Customer for all applicable Fees when due and (ii) these Fees are considered delinquent thirty days after the end of the month during which Customer received the Services. Customer authorizes these monthly charges to be made to its designated credit card, debit card or other non-invoice form of payment.
      • b. Invoices. Payments for invoices are due thirty days after the invoice date, unless otherwise specified on the Order Form, and are considered delinquent after such date.
      • c. Other Forms of Payment. Customer may change its payment method to those available within the Admin Console. Google India may enable other forms of payment by making them available in the Admin Console. These other forms of payment may be subject to additional terms which Customer may have to accept prior using the additional forms of payment.
    • 1.3 Delinquent Payments. Delinquent payments may bear interest at the rate of one-and-one-half percent per month (or the highest rate permitted by law, if less) from the payment due date until paid in full. Customer will be responsible for all reasonable expenses (including attorneys' fees) incurred by Google India in collecting such delinquent amounts, except where such delinquent amounts are due to Google's billing inaccuracies.
    • 1.4 Suspension for Non-Payment.
      • a. Automatic Suspension. Customer will have thirty days to pay Google India delinquent Fees. If Customer does not pay Google India delinquent Fees within thirty days, Google India will automatically suspend Customer’s use of the Services. The duration of this suspension will be until Customer pays Google India all outstanding Fees.
      • b. During Suspension. If Customer is on a monthly billing plan, and Customer is suspended for non-payment, Google India will stop charging Customer monthly Fees during Customer’s suspension for non-payment. If Customer has an annual commitment to Google India for the Services, Google India will continue to charge Customer monthly Fees during Customer’s suspension for non-payment and Customer must pay all outstanding Fees in order to resume its use of the Services.
      • c. Termination After Suspension. If Customer remains suspended for non-payment for more than sixty days, Google India may terminate Customer for breach pursuant to Section 11.
    • 1.5 Taxes. Customer is responsible for any Taxes, and Customer will pay Google for the Services without any reduction for Taxes. If Google India is obligated to collect or pay Taxes, the Taxes will be invoiced to Customer, unless Customer provides Google India with a valid tax exemption certificate authorized by the appropriate taxing authority. If Customer is required by law to withhold any Taxes from its payments to Google India, Customer must provide Google India with an official tax receipt or other appropriate documentation to support such payments.
    • 1.6 Purchase Orders. If Customer requires a purchase order number on its invoice, Customer will inform Google India and Google India will include such purchase order number on invoices following receipt. If Customer does not provide a purchase order number, Customer waives any purchase order requirement and (a) Google India will invoice Customer without a purchase order number; and (b) Customer agrees to pay invoices without a purchase order number referenced. Any terms and conditions on a purchase order do not apply to this Agreement and are null and void.
    • 1.7 Billing and Payment for Domain Registration. If the Customer elects to obtain Domain Service from Google, such Domain Service will be billed for an annual term. Google will register Customer’s domain name(s) after it confirms the validity of Customer’s payment method, but will not bill Customer until the end of the month in which Customer purchases the domain name(s). During signup or through the Domain Service, Customer may choose to automatically renew Customer domain name(s). If Customer chooses this option, at the end of the annual term, the Domain Service will automatically renew for additional annual terms and Google will bill Customer for the then current fee for renewal when such payment is due. All payments are final and Google will not issue any refund of fees.
    • 1.8 Pricing. Customer will comply with any additional terms and conditions in connection with pricing based on the Customer’s geographic market. Google may monitor Customer’s use of the Services to confirm that Customer and Customer’s use of the Services qualify (e.g., based on geographic market) for the list price charged. Google will charge Customer the appropriate list price (including altering the price charged, as necessary) for Customer or Customer’s use of the Services.
  • 2. Technical Support Services: the Customer understands and agrees that the Technical Support Services as provided for in its agreement(s) with Google shall be provided by Google and not by the Reseller i.e. Google India.
  • 3. Governing Law and Dispute Resolution. The governing law and dispute resolution provisions in the Agreement shall apply to this Amendment.
  • 4. Miscellaneous. All other terms and conditions of the Agreement shall remain unchanged and in full force and effect. In the event of a conflict between the terms and conditions of the Agreement and the terms and conditions of this Amendment, the terms and conditions of this Amendment shall govern.