SPECIFIC TERMS AND CONDITIONS FOR CELCOM OFFICE GOOGLE WORKSPACE
The Celcom Office Google Workspace (“Service”) is made available by Celcom to the Customer subject to these Specific Terms and Conditions for the Service (“STC for Celcom Office Google Workspace”) which shall always be read together with the General Terms and Conditions for Celcom Enterprise Services (“GTC”) published on Celcom’s Website as of the Effective Date (as defined herein). Nothing in this STC for Celcom Office Google Workspace shall be construed as limiting any other rights Celcom may have under the Agreement unless specifically stated otherwise. This Agreement shall come into effect on the date of execution of the SAF by Parties (“Effective Date”) and shall continue to be in force until its termination or expiry in accordance with the Terms and Conditions. Customers may refer to the STC at https://business.celcom.com.my/digital-solutions/google-workspace
1. Definitions
In this STC for Celcom Office Google Workspace, unless the context otherwise requires, the capitalized terms have the meanings assigned to them below and in the GTC.
“Service” means the Celcom Office Google Workspace Service which comprises Celcom Office Google Workspace Starter, Celcom Office Google Workspace Business Standard, Celcom Office Google Workspace Business Plus, Celcom Office Google Workspace Enterprise Essential, Celcom Office Google Workspace Enterprise Standard, Celcom Office Google Workspace Enterprise Plus and Celcom Office Google Frontline with the option to subscribe the Email Migration Service at one time charges fee; and
“User” refers to any person nominated and authorized by the Company to use the Service.
2. Period of Agreement
- The Customer agrees to subscribe to the Service for a minimum subscription period as specified in the SAF (“Minimum Subscription Period”).
3. Provision of Service
- The Service is provided by a third-party service provider, Google Asia Pacific Pte. Ltd. (“Service Provider”). The Service shall remain the property of Service Provider at all times and does not at any time passes to the Customer.
- Customer may refer to Celcom’s designated account manager duly authorised by Celcom, channel managers or dealers for more information regarding the Service and to subscribe to the Service.
- The provision, receipt and use of the Service are non-exclusive and Parties may enter into similar arrangements with third parties.
- The Service is made available to both Celcom subscribers and non-subscribers.
4. License
- Customer is granted the license to use the Service subject to the Terms and Conditions.
- Customer may subscribe for a minimum of one (1) license and up to a maximum of 300 licenses at one time.
- Each new license activated will be valid for twelve (12) months from the date of Activation (“License Period”) as specified in SAF.
- New licenses activated at any one time after the Effective Date shall be subject to the same License Period commencing from the date of the Activation. The License Period for each additional license shall survive the Minimum Subscription Period and in such event, the Terms and Conditions shall remain in full force and effect until the expiry or termination of the last activated license or upon the termination of all licenses by Celcom or Customer in accordance with the Terms and Conditions.
5. Warranty
- Service warranty and any matter in relation thereto shall be between Customer and the Service Provider. Celcom owes no warranty obligations towards the Customer and shall not be liable for any claims in relation thereto.
- Celcom does not warrant that the Customer’s use of the Service will be error-free, uninterrupted, available at all times, or that it be safe against any possible security threat.
6. Fees, Charges and Payment
- There is no upfront payment or activation fee required upon registration unless otherwise specified in SAF.
- The Customer shall have the options to either pay for the licenses on a monthly basis (“Monthly License Fees”) or annual basis (“Annual License Fees”) as specified in SAF. In addition to the Monthly License Fees and/or Annual License Fees, the Customer shall also be responsible to pay the Applicable Taxes imposed by applicable laws for the Service.
- The Monthly License Fees shall be paid in full (1 month) and the Annual License Fees shall be paid in full (1 year) regardless of the date of activation or termination. There will be no refund of any Monthly License Fees or Annual License Fees in the event of termination of the Agreement or the license.
- In the event of termination of the Agreement, Customer’s deposit (if any) shall not be refunded by Celcom but shall be applied to set off any outstanding amount due from the Customer.
- Customer will be provided with itemized billing for the Service in the Invoice.
- The Customer will be invoiced for the Service from the Effective Date in the billing frequency as stated in the SAF ("Billing Frequency").
- The Monthly License Fees and/or Annual License Fees shall be paid by the Customer to Celcom within thirty (30) days from the date of Invoice from Celcom.
7. Restrictions on Use of Service
- Customer may not lease, sub-license, transfer, loan or assign the license and rights to use the Service to any third party without Celcom and/or Google’s written consent. Celcom holds no responsibility and liability for use of the Service by any unauthorized user in the event the Customer allows any third party to use the Service.
- The Customer will not have any right, title or interest in the Service apart from the right to use the Service in accordance with the Terms and Conditions.
- Customer shall not:
- Carry out or permit to be carried out any additions, modifications, improvement, adjustments or replacement to the Service without the prior written consent of Google;
- Use the Service in a way that allows the Customer to circumvent or disable features or technology used in the Service unless Google specifically allows the Customer to;
- Decompile, disassemble, reverse engineer, or otherwise attempt to derive the source code for any part of the Service;
- Engage in any activity, outside of what is permitted by the Service, that otherwise interferes with the use and enjoyment of the Service by others; or
- Violate Celcom’s or any other persons or entities rights (including intellectual property and other proprietary rights).
8. Customer’s Responsibilities and Obligations
- In addition to other responsibilities and obligations specified in the Terms and Conditions, the Customer agrees and acknowledges that:
- The use of the Service is further subject to the terms and conditions at https://workspace.google.com/intl/en_sg/terms/premier_terms.html or any other applicable terms and conditions set by Google governing the use of the Service;
- Customer shall be solely responsible for the Personal Data and Sensitive Data (as defined in the PDPA), if any, of the Customer and any third party disclosed, shared or stored on the Service;
- the custody and control of the Service must at all times be with the Customer;
- Customer shall be responsible to obtain and maintain all licenses, permits, consents, authorisations and rights required for the use of the Service at Customer’s own expense; and
- Customer shall cease to use the Service upon Celcom’s and/or Google’s request.
9. Celcom’s Rights
- Without limiting the other rights Celcom may have under the Agreement Celcom hereby reserves the rights to provide any information in relation to the Service and use of the Service by the Customer including but not limited to the web browsing history to the law enforcing agencies as and when required and/or requested by any lawful, regulatory, governmental or statutory authority.
10. Limitation of Liability
- Pursuant to the nature of the Service which is provided by a third party, and not in derogation of the Terms and Conditions, Celcom excludes any liability and responsibility related to the Service.
- Celcom shall not be liable and shall not be responsible for any loss, damage, liability or expenses arising from claims of any nature including but not limited to cyber security threats, invasion of privacy, infringement of Intellectual Property Rights and breach of any laws or regulations arising from the use of, and reliance on the Service by either Customer or the Users.
- Risk passes to the Customer immediately upon activation of the Service. Celcom does not control or endorse the content, messages or information found in the Service, and we hereby disclaim any liability arising therefrom and any actions resulting from the Customer’s use of the Service.
- Nothing in the Agreement will limit or exclude the Customer’s liability in relation to (a) Customer’s fraud, fraudulent misrepresentation, gross negligence, violation of applicable laws, or wilful default; (c) Customer’s indemnity obligations; and (d) Customer’s payment obligations.
11. Disclaimer of Liability against the Customer
- The Customer is responsible for the cost of the Customer’s Devices and connection. The customer is responsible to take reasonable precautions to ensure its use of the websites on the Device is free of viruses, hacking, spamming, worms, trojan horses and other items of destructive nature.
- Celcom shall not be liable and responsible for the operation of the Devices that the Customer uses to access the Service.
- Celcom will not be responsible or liable for any claims by the Customers or any third party arising from the act, omission or negligence by the Customer or by the Service Provider.
12. Suspension
- Without limiting other rights Celcom may have under this Agreement, Celcom may suspend immediately, in whole or in part, with or without notice, the Service if:
- The Customer does not comply with any instruction or directive issued by Celcom from time to time in compliance with the relevant laws; or
- The Customer or any of its agents, officers, directors or employees has committed any act or omission which may adversely affect Celcom.
13. Termination
- Either Party shall be entitled to terminate this Agreement by giving thirty (30) days prior written notice to the other Party without assigning any reason whatsoever. Celcom shall not be liable for any compensation and damages towards the Customer in the event Celcom exercises its right to terminate for convenience in accordance with the Terms and Conditions. However, termination by the Customer prior to the expiry of the Minimum Subscription Period will always be subject to a Termination Fee as specified in the SAF.
- Termination of any activated license by the Customer at any time during its respective License Period will be subject to the Termination Fee specified in the SAF. The Agreement will be deemed terminated in the event all activated licenses are terminated either by Celcom or the Customer for any reason whatsoever.
- Termination of the Agreement at any time will render all activated licenses to be terminated and will always be subject to the Termination Fee specified in the SAF.
- Upon termination of this Agreement: (a) the Customer’s access to the Service shall immediately cease; (b) the Customer shall be responsible to settle all outstanding amount due to Celcom in relation to the Agreement incurred up to the date of such termination.
14. Maintenance Support and Problem Reporting
- For any complaints or queries, the Customer may contact our dedicated customer service email at cloud_support@celcom.com.my.