Google Cloud Hosting Agreement
“Data Processing and Security Terms” means the then-current terms and conditions that describe Google`s privacy and processing obligations with respect to Customer Data, as set forth as follows: cloud.google.com/terms/data-processing-terms/partner/ these Google Cloud Platform Terms of Service (collectively, the “Agreement”) are defined by Google and the natural or legal person who agrees to the these Terms (“Customer”), and regulate Customer`s access to and use of the Services. “Google” has the meaning given in cloud.google.com/terms/google-entity. “Marketplace” means Google`s repository for offerings made available for use with Google Cloud Platform and available under console.cloud.google.com/marketplace or successor URL. “Significant Obsolescence” means a hardware interruption or backwards compatible modification of the Services that cloud.google.com/cloud/terms/deprecation without providing functionally equivalent solutions through the Services. “TSS” means the technical support service provided by Partner or Google to Customer in accordance with Google TSSG (cloud.google.com/terms/tssg/) or partner support agreement (www.ancoris.com/terms/ancoris-google-cloud-platform-support-services/). 15.3 Termination for Breach. Either party may suspend or terminate this Agreement for breach if: (i) the other party commits a material breach of the Agreement and fails to remedy such breach within 30 days of receiving written notice; (ii) the other party ceases its activities or is the subject of insolvency proceedings and the proceedings are not closed within 90 days; (iii) Partner ceases to maintain its Resale Partnership Agreement with Google, or (iv) the other party violates this Agreement more than twice, notwithstanding any remedy for such violations. 2.4 Outdated Policy. Google will announce in the next sentence whether it intends to discontinue the services specified in the URL or make any incompatible changes in reverse.
Google will use commercially reasonable efforts to continue to operate the service versions and features identified under cloud.google.com/terms/deprecation without such changes for at least one year after such announcement, unless (as Google reasonably determines in its reasonable judgment): (a) Google cannot do so by law or contract (including if there is a change in applicable law or contract); or (b) the continued provision of the Services could pose a (i) security risk or (ii) a significant economic or technical burden. This strategy is the “Obsolescence Strategy”. 15.1 Notices. Google will provide Customer with notifications under the Agreement by sending an email to the notification email address. Customer will provide Notifications to Google under the Agreement by sending an email to legal-notices@google.com. The notification is processed as received when the email is sent. The customer is responsible for keeping their notification email address up to date throughout the duration. “AUP” means the then-current Marketplace Acceptable Use Policy as set forth in cloud.google.com/terms/marketplace-aup. Customer`s use of the Google Products is governed by the agreement under which Google grants Customer access to and use of the Google Cloud Platform (GCP Agreement) and not by this Agreement. “Services Summary” means the summary of the Services on cloud.google.com/terms/services, which may be updated from time to time.
“Documentation” means Google Documentation (which may be updated from time to time) in the form that Google generally makes available to its Customers for use with the Https://cloud.google.com/docs/ Services. “Service Specific Terms” means the terms specific to each service on cloud.google.com/cloud/terms/service-terms. For the purposes of this Agreement, the term “Reseller” in the Service-Specific Terms means “Partner”. Customer purchases Google Services through Partner and, as such, under this Partnership Agreement, all references to Customer in the Service-specific Terms of Service apply in writing, without comment to the contrary. These Service-Specific Terms of Service form part of the agreement under which Google has agreed to provide Customer with Google Cloud Platform (as described at cloud.google.com/terms/services) (the “Agreement”). If the Agreement authorizes the resale or provision of Google Cloud Platform as part of a Google Cloud Partner or Reseller Program, any reference to Customer in the Service-specific Terms of Service will refer to Partners or Resellers (as applicable), and any reference to Customer Data in the Service-Specific Terms will refer to Partner Data. Capitalized terms used but not defined in the Service Specific Terms shall have the meanings ascribed to them in the Agreement. 3.2 Third Party License Terms. Certain components of the Software (including open source software) may be subject to separate license agreements that Google provides with such components.
Google provides information that helps copyright holders manage their intellectual property online, but Google can`t determine if something is being used legally without their input. Google responds to notices of alleged copyright infringement and terminates repeat offenders` accounts under the U.S. Digital Millennium Copyright Act. If Customer believes that someone is infringing Customer`s copyright and wishes to notify Google, Customer may find information about how to send notifications and Google`s response to the notification policy on www.google.com/dmca.html. “Acceptable Use Policy” or “AUP” means the acceptable use policy for the Services: cloud.google.com/cloud/terms/aup. 2.3 Changes to the Services. Subject to Section 2.4 (Obsolescence Policy), Google may make changes to the Services, which may include adding, updating, or discontinuing the Services or any part or functionality of the Services, and will notify Customer of any material changes if Customer has subscribed to Google to be notified of changes to the Services. The use of new features or functionality may be subject to the customer`s consent to additional terms.
“Supplier Agreement” means a separate agreement between Customer and Seller that governs Customer`s use of a Supplier Product. “SLA” means each of the service level agreements then in effect at: cloud.google.com/terms/sla/. “Fees” or “Fees” or “Price” means (a) the applicable fees specified in cloud.google.com/skus for each Service and SST, and (b) all applicable taxes. Google calculates in local currency and converts the prices of US dollars to local currency based on daily conversion rates published by major financial institutions. 2.1 Changes to the Agreement. Google may make changes to Google`s linked documents from time to time. If Google changes its agreement with Partner, Partner may make the appropriate change to this Agreement (including documents related to Partner). Partner may not make any further changes to this Agreement without customer`s written consent. Partner will retain its prices to Customer for Google-provided Services published by Google on the link defined under “Fees” below. Unless otherwise specified, material changes to the Agreement will take effect 30 days after they are posted, unless the changes apply to the new features, in which case they will take effect immediately. Google or Partner will be notified of materially adverse changes to SLAs at least 90 days in advance by: (i) sending an email to Customer`s primary point of contact; (ii) posting a notice in the Admin Console; or (iii) post a notice on the relevant ALC website.
If Customer does not agree to the revised Agreement, please stop using the Services. Google or its partners will post any changes to this Agreement to urls that apply to the URL Terms. 11.3 Disputes and Invoice Refunds. All disputes relating to invoices must be submitted before the payment due date. If the Parties determine that certain billing inaccuracies are attributable to the Partner, the Partner will, at the Partner`s discretion, issue either a corrected invoice or a credit note indicating the incorrect amount in the relevant invoice. If the disputed invoice has not yet been paid, the Partner will apply the amount of the credit on the disputed invoice and the Customer will be responsible for paying the resulting net balance on this invoice. To the extent permitted by law, the Customer waives any claim relating to the fees, unless it is made within sixty days of its invoicing. Refunds (if any) are at the discretion of Partner and Google and will only be made as a credit for the Services. Nothing in this Agreement obliges partner to grant a loan to any party.
“Integrated Solution” means the Customer`s commercial offer of products or services integrated into the Service(s). 9.2 Deletion of the Project. Partner and Google reserve the right to delete Inactivity Projects with 30 days` notice if, for a period of more than 180 days, that Project does not have: (a) active virtual machines or storage resources, (b) related applications that process requests; and (c) no costs were incurred for the services. (b) cooperate appropriately with the compensating party to clarify the claim(s); and. 6.1 Data processing and security regulations. The Data Processing and Security Terms are incorporated into this Agreement by this reference. The Partners and Google are subcontractors, and Customer is the controller of all data, as the terms “controller”, “processed”, “processor” and “personal data” have the meaning specified in European data protection law – “Confidential Information” means information that one party (or affiliate) discloses to the other party under this Agreement and which is marked as confidential or under the Given circumstances, it would normally be confidential information […].
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