Brentwood Google Workspace End User Agreement
Last modified: August 2nd, 2024
New to Google Workspace? Google Workspace is a collection of cloud computing, productivity and collaboration tools, software and products developed and marketed by Google. It consists of Gmail, Contacts, Calendar, Meet and Chat for communication; Drive for storage; and the Google Docs Editors suite for content creation. Wikipedia
This Agreement is effective when an end user clicks to accept it (the "Effective Date"). If you are accepting on behalf of Customer, you represent and warrant that (i) you have full legal authority to bind Customer to this Agreement; (ii) you have read and understand this Agreement; and (iii) you agree, on behalf of Customer, to this Agreement.
1. Account Information and Data.
1.1 Personal Data. To keep end user privacy Brentwood does not use personal data such as home addresses, social security or other sensitive personal information
1.2 Browsing History. Brentwood does not collect any browning history within the Brentwood domain nor do we collect any browsing history from the device that is being used on.
1.3 Accounts; Verification to Use Services.
(a) Accounts. End users must have an Account to use the Services and is responsible for the information it provides to create the Account, the security of its passwords for the Account, and any use of its Account. Bentwood has no obligation to provide an account and has the right to cease an account without warning for any reasonable cause.
(b) Account Safety & Password Restriction. In order to maintain privacy and security all end users within the Brentwood domain will be asked to change the accounts password every 60 days. It will require a different password that hasn't yet been used on the account.
1.4 Restrictions. The end user must follow restrictions when using the google account provided by Brentwood ISD. Users shall remain within the guidelines set forth by the Brentwood handbook.
2. End User Obligations.
2.1 Compliance. The end user will (a) ensure that account complies with the Agreement, (b) use all safety precautions to protect and keep information shared with the account safe and secure (c) promptly notify administration if account becomes aware of any unauthorized use of, or access to, the Services, Account, or accounts password. Google reserves the right to investigate any potential violation of the AUP by Customer, which may include reviewing user Data.
2.2 Additional Products and Third-Party Services. Signing up for third party services such as social media sites, gaming sites and other non educational sites are strictly prohibited. Break of this policy will result in consequences. Consequences will be given in compliance to policy 3.4 in our Brentwood handbook.
2.3 Administration of Services. Customer
2.4 Non Education Services. It is understood that the end user shall be responsible for any third-party service that is non educational. Although forbidden per section 2.2 any and all third party sites and accounts connected to the Brentwood Google Workspace account are considered the end user's responsibility. Brentwood has no obligation to maintain or manage third party sites or accounts.
2.5 Requesting Additional/New End User Accounts. End users shall not receive more than one (1) account per employee and will not provide any additional accounts for non employees. Upon an instance where the end user may need a new account they shall use the account that is still on the system from a previous employment if available or a google administrator will create one via the administration portal on admin.google.com.
2.6 Copyright. Brentwood and Google responds to notices of alleged copyright infringement and terminates the Accounts of repeat infringers in appropriate circumstances as required to maintain safe harbor for online service providers under the U.S. Digital Millennium Copyright Act.
3. Suspension.
3.1 Agreement Violations. If Brentwood ISD or Google becomes aware that Customer's or any End User's use of the Services violates the agreement we reserve the right to suspend or terminate accounts with or without a notice sent to the end user.
3.2 Other Suspension. Notwithstanding Section 4.1 (AUP Violations), Google may immediately Suspend all or part of Customer's use of the Services (including use of the underlying Account) if (a) Google reasonably believes Suspension is needed to protect the Services, Google’s infrastructure supporting the Services, or any other customer of the Services (or their end users); (b) there is suspected unauthorized third-party access to the Services; (c) Google reasonably believes that immediate Suspension is required to comply with any applicable law; or (d) Customer is in breach of Section 3.3 (Restrictions) or the Service Specific Terms. Google will lift any such Suspension when the circumstances giving rise to the Suspension have been resolved. At Customer's request, Google will, unless prohibited by applicable law, notify Customer of the basis for the Suspension as soon as is reasonably possible. For Suspension of End User Accounts, Google will provide Customer’s Administrator the ability to restore End User Accounts in certain circumstances.
4. Intellectual Property Rights; Protection of Customer Data; Feedback; Using Brand Features Within the Services.
4.1 Intellectual Property Rights. Except as expressly stated in this Agreement, this Agreement does not grant either party any rights, implied or otherwise, to the other's content or any of the other's intellectual property. As between the parties, Customer retains all Intellectual Property Rights in Customer Data, and Google retains all Intellectual Property Rights in the Services. Additionally, Any documents created on the account are the rightful property of Brentwood ISD.
5. Confidential Information.
5.1 Obligations. The recipient will only use the disclosing party's Confidential Information to exercise the recipient’s rights and fulfill its obligations under the Agreement, and will use reasonable care to protect against the disclosure of the disclosing party's Confidential Information. The recipient may disclose Confidential Information only to its Affiliates, employees, agents, or professional advisors ("Delegates") who need to know it and who have agreed in writing (or in the case of professional advisors are otherwise bound) to keep it confidential. The recipient will ensure that its Delegates use the received Confidential Information only to exercise rights and fulfill obligations under this Agreement.
5.2 Required Disclosure. Notwithstanding any provision to the contrary in this Agreement, the recipient or its Affiliate may also disclose Confidential Information to the extent required by applicable Legal Process; provided that the recipient or its Affiliate uses commercially reasonable efforts to (a) promptly notify the other party before any such disclosure of its Confidential Information, and (b) comply with the other party's reasonable requests regarding its efforts to oppose the disclosure. Notwithstanding the foregoing, subsections (a) and (b) above will not apply if the recipient determines that complying with (a) and (b) could (i) result in a violation of Legal Process; (ii) obstruct a governmental investigation; or (iii) lead to death or serious physical harm to an individual.
6. Limitation of Liability.
6.1 Brentwood ISD is not liable for any of its users unlawful actions. Users that act upon unlawful action such as (but not limited to) pornographic, terroristic or violent misconduct shall not be Brentwood ISD’s responsibility and shall not face penalty on the users behalf.
6.2 By agreeing to the terms of this agreement you relinquish all ability to hold brentwood liable for any of the following:
(a) its fraud or fraudulent misrepresentation on the end users behalf;
(b) Data loss or the cease of data;
(c) Its users infringements on other intellectual or copyrighted work;
(d) its payment obligations under the Agreement; or
7. Miscellaneous.
7.1 Notices. Under the Agreement, notices to end users must be sent to the Notification Email Address and notices to Google must be sent to end users from services@b-ischools.org. Notice will be treated as received when the email is sent. Customer is responsible for keeping its Notification Email Address current throughout the Term.
7.2 Emails. The parties may use emails to satisfy written approval and consent requirements under the Agreement.
7.3 Assignment. Neither party may assign any part of this Agreement without the written consent of the other, except to an Affiliate where (a) the assignee has agreed in writing to be bound by the terms of this Agreement, and (b) the assigning party has notified the other party of the assignment. Any other attempt to assign is void.
7.4 Change of Control. If a party experiences a change of Control other than as part of an internal restructuring or reorganization (for example, through a stock purchase or sale, merger, or other form of corporate transaction), that party will give written notice to the other party within 30 days after the change of Control.
7.5 Force Majeure. Neither party will be liable for failure or delay in performance to the extent caused by circumstances beyond its reasonable control, including acts of God, natural disasters, terrorism, riots, or war.
7.7 No Agency. This Agreement does not create any agency, partnership, or joint venture between the parties.
7.8 No Waiver. Neither party will be treated as having waived any rights by not exercising (or delaying the exercise of) any rights under this Agreement.
7.9 Severability. If any part of this Agreement is invalid, illegal, or unenforceable, the rest of the Agreement will remain in effect.
7.10 No Third-Party Beneficiaries. This Agreement does not confer any benefits on any third party unless it expressly states that it does.
7.11 Equitable Relief. Nothing in this Agreement will limit either party's ability to seek equitable relief.
7.13 Amendments. Except as stated in Section 1.4(b) (Modifications: To the Agreement), (c) (Modifications: To the URL Terms), or (d) (Modifications: To the Cloud Data Processing Addendum), any amendment to this Agreement after the Effective Date must be in writing, signed by both parties, and expressly state that it is amending this Agreement. For clarity, Google’s provision of an updated URL in place of any URL stated in this Agreement will not constitute an amendment to or modification of the terms of the Agreement.
7.14 Survival. The following Sections will survive expiration or termination of this Agreement: Section 2 (Payment Terms), Section 5 (Intellectual Property Rights; Protection of Customer Data; Feedback; Using Brand Features within the Services), Section 7 (Confidential Information), Section 8.6 (Effect of Termination or Non-Renewal), Section 11 (Disclaimer), Section 12 (Limitation of Liability), Section 13 (Indemnification), Section 14.1 (Applicable Terms), Section 14.2 (Sharing Confidential Information) and Section 15 (Miscellaneous).
7.15 Entire Agreement. This Agreement sets out all terms agreed between the parties and terminates and supersedes any and all other agreements between the parties relating to its subject matter, including any prior versions of this Agreement. In entering into this Agreement, neither party has relied on, and neither party will have any right or remedy based on, any statement, representation, or warranty (whether made negligently or innocently), except those expressly stated in this Agreement. The URL Terms are incorporated by reference into the Agreement. After the Effective Date, Google may provide an updated URL in place of any URL in this Agreement.
7.16 Conflicting Terms. If there is a conflict between the documents that make up this Agreement, the documents will control in the following order (of decreasing precedence): the Order Form, the Cloud Data Processing Addendum, the remainder of the Agreement (excluding the URL Terms), and the URL Terms (other than the Cloud Data Processing Addendum).
7.17 Headers. Headings and captions used in the Agreement are for reference purposes only and will not have any effect on the interpretation of the Agreement.
7.18 Conflicting Languages. If this Agreement is translated into any language other than English, and there is a discrepancy between the English text and the translated text, the English text will govern unless expressly stated otherwise in the translation.
7.19 Definitions.
"Account" means Customer's Google account credentials and correlating access to the Services under this Agreement.
"Additional Products" means products, services, or applications offered by Google or its affiliates that are not incorporated into the Services but that may be accessible for use in conjunction with the Services.
"Admin Account" means a type of End User Account that Customer (or Reseller, if applicable) may use to administer the Services.
"Admin Console" means the online console(s) or dashboard provided by Google to customers for administering the Services.
"Administrators" mean the Customer-designated personnel who administer the Services to End Users on Customer’s behalf, and have the ability to access Customer Data and End User Accounts. Such access includes the ability to access, monitor, use, modify, withhold, or disclose any data available to End Users associated with their End User Accounts.
"Affiliate" means any entity that directly or indirectly Controls, is Controlled by, or is under common Control with a party.
"Anti-Bribery Laws" means all applicable commercial and public anti-bribery laws, including the U.S. Foreign Corrupt Practices Act of 1977 and the UK Bribery Act 2010, that prohibit corrupt offers of anything of value, either directly or indirectly, to anyone, including government officials, to obtain or keep business or to secure any other improper commercial advantage. Government officials include: any government employees, candidates for public office, members of royal families, and employees of government-owned or government-controlled companies, public international organizations, and political parties.
"Brand Features" means the trade names, trademarks, service marks, logos, domain names, and other distinctive brand features of each party, respectively, as secured by such parties from time to time.
"Confidential Information" means information that one party (or an Affiliate) discloses to the other party under this Agreement, and that is marked as confidential or would normally under the circumstances be considered confidential information. It does not include information that is independently developed by the recipient, is rightfully given to the recipient by a third party without confidentiality obligations, or becomes public through no fault of the recipient. Subject to the preceding sentence, Customer Data is considered Customer's Confidential Information.
"Control" means control of greater than 50 percent of the voting rights or equity interests of a party.
"Core Services" means the then-current "Core Services" as described in the Services Summary, excluding any Third-Party Offerings.
"Customer Data" means data submitted, stored, sent or received via the Services by Customer or its End Users.
"Domain Email Address" means the email address on the Domain Name for use in connection with the Services.
"Domain Name" means the domain name specified in the Order Form or Reseller Order to be used in connection with the Services.
"End Users" means the individuals who are permitted by Customer to use the Services and managed by an Administrator. For clarity, End Users may include employees of Customer Affiliates and other third parties.
"End User Account" means a Google-hosted account established by Customer through the Services in order for an End User to use the Services.
"Export Control Laws" means all applicable export and re-export control laws and regulations, including (a) the Export Administration Regulations ("EAR") maintained by the U.S. Department of Commerce, (b) trade and economic sanctions maintained by the U.S. Treasury Department’s Office of Foreign Assets Control, and (c) the International Traffic in Arms Regulations ("ITAR") maintained by the U.S. Department of State.
"Fees" means (a) the product of the amount of the Services used or ordered by Customer multiplied by the Prices or (b) the applicable fees for TSS, plus any applicable Taxes.
"High Risk Activities" means activities where the use or failure of the Services would reasonably be expected to lead to death, personal injury, or environmental or property damage (such as the creation or operation of nuclear facilities, air traffic control, life support systems, or weaponry).
"HIPAA" means the Health Insurance Portability and Accountability Act of 1996 as it may be amended from time to time, and any regulations issued under it.
"including" means including but not limited to.
"Indemnified Liabilities" means any (i) settlement amounts approved by the indemnifying party and (ii) damages and costs finally awarded against the indemnified party by a court of competent jurisdiction.
"Intellectual Property Rights" means all patent rights, copyrights, trademark rights, rights in trade secrets (if any), design rights, database rights, domain name rights, moral rights, and any other intellectual property rights (registered or unregistered) throughout the world.
"Legal Process" means an information disclosure request made under law, governmental regulation, court order, subpoena, warrant, or other valid legal authority, legal procedure, or similar process.
"Liability" means any liability, whether under contract, tort (including negligence), or otherwise, regardless of whether foreseeable or contemplated by the parties.
"Notification Email Address" means the email address(es) designated by Customer in the Admin Console.
"Order Form" means an order form executed by Customer, or an order placed by Customer via a Google website, in either case specifying the Services Google will provide to Customer under the Agreement.
"Order Term" means the period of time starting on the Services Start Date or the renewal date (as applicable) and continuing for the period indicated on the Order Form unless terminated in accordance with this Agreement.
"Other Services" means the then-current "Other Services" as described in the Services Summary, excluding any Third-Party Offerings.
"Services" means the then-current Core Services and Other Services.
"Services Start Date" means either the start date stated in the Order Form or, if none is specified in the Order Form, the date Google makes the Services available to Customer.
"Suspend" or "Suspension" means disabling access to or use of the Services or components of the Services.
"Taxes" means all government-imposed taxes, except for taxes based on Google's net income, net worth, asset value, property value, or employment.
"Term" has the meaning stated in Section 8.1 (Agreement Term) of this Agreement.
"Third-Party Legal Proceeding" means any formal legal proceeding filed by an unaffiliated third party before a court or government tribunal (including any appellate proceeding).
"Third-Party Offerings" means third-party services, software, products, and other offerings that are not incorporated into the Services.
"Trademark Guidelines" means Google's then-current Guidelines for Third Party Use of Google Brand Features at https://www.google.com/permissions/guidelines.html.
"TSS" means the then-current Google technical support service.
"TSS Guidelines" means Google's then-current guidelines for technical support services, as stated at https://workspace.google.com/terms/tssg.html.
"URL Terms" means, collectively, the AUP, Cloud Data Processing Addendum, Service Specific Terms, SLA, and TSS Guidelines.
8. Technical Support Services. Subject to payment of applicable Fees, Google will provide TSS to end users during the Term in accordance with the Brentwood handbook policy 3.3A.
9. Disclaimer. This agreement is not legally binding however it will be counted as a mutual agreement between the parties (end user and Brentwood ISD) meaning that all policies can be enforced lawfully under the terms that this is a written agreement.
1.4 Modifications.
(a) To the Services. Brentwood may make reasonable changes to the services provided at any time with or without notice but is required to notify users if changes are made. Disclosure of the changes made are not required to be disclosed with detail.
(b) To the Agreement. Brentwood may change the terms of this Agreement from time to time and will post any such changes on our website. Changes to the agreement shall be effective every first Monday of the month.