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Enablo Customer Terms

Additional Terms – Google Workspace

The following terms and conditions are Additional Terms that apply in relation to the resale by Enablo of Google Workspace.

  1. The Customer will not resell, distribute, supply, lease, or allow any third party to use the Resold Products.
  2. The Customer warrants that it will not use the Resold Products in connection with High Risk Activities.
  3. The Customer agrees that Enablo may provide Google with the Customer’s contact details and the Customer warrants that it has procured the necessary consents to allow Google to use such details to communicate directly with the Customer for the following purposes:
    1. as required to execute any non-standard Customer orders;
    2. for purposes related to the provisioning of the Resold Products to Customer’s accounts, including in relation to any Resold Product updates or security incidents;
    3. as required to ensure Customer is notified of available options to maintain continuity in Resold Product provisioning (e.g. on termination or Enablo’s insolvency);
    4. to conduct customer service and satisfaction surveys; and
    5. to inform Customer about new or additional Google products related to the products that the Customer is using.
  4. The Customer agrees that Enablo may provide Google with Customer Information as reasonably required for:
    1. the purposes described in Additional Term 3; and
    2. Google to provide technical support to Enablo or the Customer in connection with the Customer’s support issues regarding Resold Products.
  5. The Customer acknowledges and agrees that Google may without notice:
    1. discontinue the availability of any Resold Product or support for any Resold Product; or
    2. change the features of any Product.

    Customer agrees that Enablo has no obligation to provide Customer with advance notice of any changes in any Resold Product.

  6. Enablo and Google may monitor Customer’s use of the Resold Products to verify that the appropriate Fees have been charged for the Resold Products. If Enablo has undercharged the Customer, then the Customer will be required to pay an amount equal to that discrepancy within 20 days of having been given notice by Enablo.
  7. To the extent permitted by law, all Fees are non-refundable.
  8. The Customer warrants that it is not part of the US Public Sector.
  9. The following terms apply:
    1. Enablo, Google and the Customer are independent contractors with respect to the resale of the Resold Product;
    2. unless Google expressly agrees otherwise in writing, the Customer will accept the Google TOS, with no alteration or amendment, prior to the Customer’s first log in to the Resold Product (or Enablo must otherwise receive express authorisation from the Customer to accept on the Customer’s behalf);
    3. the Customer will permit Enablo to disclose Customer Information to Google as described in Additional Terms 3 and 4, for use by Google in accordance with the Google TOS including applicable confidentiality, data processing and security terms and the Customer warrants that it has procured the necessary consents and made the necessary disclosures to allow Enablo and Google to use such information in that manner;
    4. the Customer is responsible for providing the necessary notices, and obtaining and maintaining any consents, required from End Users to allow Enablo and Google to perform their respective contractual obligations in respect of the Customer;
    5. the SLA sets out the Customer’s sole and exclusive remedy for any failure by Google to meet the SLA, and the Customer must request any such remedies directly from Enablo; and
    6. Google will only provide technical support directly to the Customer as set out in the Google TOS.
  10. If Non-European Data Protection Legislation applies to Enablo’s processing of any personal data on behalf of the Customer, Enablo will do the following, at a minimum, with the respect to all personal data that it processes on a Customer’s behalf:
    1. comply with, and only act on, instructions from or on behalf of that Customer regarding the processing of that personal data;
    2. not process that personal data for any purpose other than for the performance of its obligations under this Order, the Terms or Enablo’s agreement with Google;
    3. ensure that appropriate technical and organisational measures are taken to avoid unauthorised or unlawful processing of that data and against loss or destruction of, or damage to, that personal data;
    4. ensure the reliability of, and be responsible for, all of Enablo’s employees, agents and contractors who will have access to that personal data;
    5. not, by any act or omission, place that Customer in breach of Non-European Data Protection Legislation;
    6. inform that Customer immediately of any suspected or confirmed data protection breaches or unauthorised or unlawful processing, loss, or destruction of, or damage to, that personal data; and
    7. ensure that any third party sub-contractor engaged by Enablo to process that personal data on behalf of Customer only uses and accesses that data in accordance with the terms of this Agreement and is bound by written obligations requiring it to provide at least the level of data protection required under this Additional Term 10.
  11. If the European Data Protection Legislation applies to Enablo’s processing as processor of any personal data on behalf of any Customer as controller, Enablo commits to do the following:
    1. only process personal data in relation to which the Customer is the data controller in accordance with written instructions from or on behalf of that Customer, unless EU or EU Member State law to which Enablo is subject requires other processing of that personal data, in which case Enablo will inform the Customer (unless that law prohibits Enablo from doing so on important grounds of public interest);
    2. not process that personal data for any purpose other than for the performance of Enablo’s obligations under this Order, the Terms or Enablo’s agreement with Google;
    3. ensure that appropriate technical and organisational measures are taken to avoid unauthorised or unlawful processing of that data and against loss or destruction of, or damage to, that personal data;
    4. ensure all of Enablo’s employees, agents and contractors who will have access to that personal data have committed themselves to confidentiality or are otherwise under an appropriate obligation of confidentiality;
    5. not, by any act or omission, place that Customer in breach of the European Data Protection Legislation;
    6. inform that Customer promptly and without undue delay of any data protection breaches or unauthorised or unlawful processing, loss, or destruction of, or damage to, that personal data;
    7. obtain prior consent to engage any third party subcontractor to process that personal data on behalf of the Customer, and ensure such third party subcontractor only uses and accesses that data in accordance with the terms of the Customer Agreement and is bound by written obligations requiring it to provide at least the level of data protection required of Enablo;
    8. taking into account the nature of the processing, assist the Customer by appropriate technical and organisational measures, insofar as this is possible, for the fulfilment of the Customer’s obligations under the European Data Protection Legislation to respond to requests for exercising the data subject’s rights;
    9. assist the Customer in ensuring compliance with any applicable obligations under the European Data Protection Legislation related to security; breach notification; data protection impact assessments and prior consultation with the supervisory authorities, taking into account the nature of processing and the information available to Enablo;
    10. at the choice of the Customer, delete or return all the personal data to Customer after the end of the provision of the Services, and delete existing copies unless prohibited from doing so by applicable EU or EU Member State law;
    11. as from 25 May 2018, make available to the Customer all information necessary to demonstrate Enablo’s compliance with the obligations imposed by this Order and the Terms in respect of the personal data and allow for and contribute to audits, including inspections, conducted by Customer or another auditor mandated by Customer; and
    12. not process, or cause to be processed, that personal data outside the European Economic Area unless Enablo adopts a compliance solution that achieves compliance with the terms of Article 25 of the Directive or Article 44 of the GDPR (as applicable).
  12. The terms “processing”, “personal data”, “processor” and “controller” as used in Additional Term 11 have the meanings given in the European Data Protection Legislation.
  13. The following additional definitions apply to these Additional Terms:
    1. Affiliate means, in relation to Google or Customer (as applicable), any entity that directly or indirectly controls, is controlled by, or is under common control with that party.
    2. Customer Information means: (a) any data received by Enablo from, or maintained by Enablo on behalf of, Customer, its Affiliates and/or its End Users in connection with the resale of the Resold Products and/or supply of Provisioning Services, including any Personally Identifiable Information and End User passwords; and (b) any Resold Product administrative accounts accessed by Enablo in connection with the resale of the Resold Product and/or supply of Provisioning Services, and any passwords for such accounts.
    3. Directive means Directive 95/46/EC of the European Parliament and of the Council on the Protection of Individuals with Regard to the Processing of Personal Data and on the Free Movement of Such Data.
    4. End Users means Customer’s individual end users who use a Resold Product.
    5. European Data Protection Legislation means, as applicable:
      1. any national provisions adopted pursuant to the Directive;
      2. the Federal Data Protection Act of 19 June 1992 (Switzerland);
      3. the GDPR; and/or
      4. any other data protection or privacy legislation in force in the EEA or Switzerland.
    6. GDPR means Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC.
    7. Google means the applicable Google entity that enters into the Google TOS (as identified in the Google TOS).
    8. Google TOS means those terms of service that govern use of the Resold Product and must be agreed directly by a Customer with Google or its Affiliates: either (i) via acceptance by the Customer when presented by Google or its Affiliates online, or (ii) via written agreement between the Customer and Google or its Affiliates entered offline.
    9. High Risk Activities mean activities where the failure of the Products could lead to death, serious personal injury, or severe environmental or property damage.
    10. Non-European Data Protection Legislation means any applicable data protection and privacy legislation, guidelines and industry standards, other than the European Data Protection Legislation.
    11. Personally Identifiable Information includes, without limitation, names, contact information (including, without limitation, e-mail addresses, postal addresses and telephone numbers), government identification numbers, financial account numbers, payment card information, transaction information, credit report information, biometric information, IP addresses, network and hardware identifiers, protected health information, geolocation information, and any other information about individual persons or their use of the Resold Product.
    12. Provisioning Services means the following services relating to the Resold Products: Customer account activation services, including administrative account setup and placing initial orders for End Users; managing additional Customer orders; suspending either a domain owned by a Customer (as such domain is specified during the signup process for use of the Resold Product) or individual End User accounts; technical support services; and such other services required to administer a Customer’s account as Google may require.
    13. SLA means the SLA or Service Level Agreement as defined in the Google TOS.
    14. US Public Sector means federal, state, or local government entities of the United States (or representatives of such entities) but excludes any: (i) non-profit entities (as defined under the relevant statutes), and (ii) educational institutions providing legitimate educational or instructional services.