PLEASE NOTE: WE’VE UPDATED THESE LOCAL TERMS, EFFECTIVE APRIL 1, 2024. YOU CAN VIEW THE PRIOR LOCAL TERMS, WHICH APPLY TO ALL USERS UNTIL MARCH 31, 2024, HERE.
Local Terms
Effective: April 1, 2024
These Local Terms form a legally binding contract between you and Snap, apply if the entity using the Business Services has its principal place of business in a location listed below, and are incorporated into the Business Services Terms. Some terms used in these Local Terms are defined in the Business Services Terms.
If the entity using the Business Services has its principal place of business in one of the countries listed below and is using the Business Services to create and manage content (including ads and catalogs), for payments, for Snap’s customer list audience program, or for Snap’s conversion program, even if that entity is acting as agent for another entity somewhere else, then, for purposes of the Self-Serve Advertising Terms, Payment Terms, Catalog Terms, Snap Creative Services Terms, Customer List Audience Terms, Snap Conversion Terms, Personal Data Terms, Data Processing Agreement, Standard Contractual Clauses, and Business Services Terms, “Snap” means the entity specified below:
Country
Snap Entity
Australia
Snap Aus Pty Ltd
Austria
Snap Camera GmbH
Canada
Snap ULC
France
Snap Group SAS
Germany
Snap Camera GmbH
India
Snap Camera India Private Limited with registered address Diamond Centre, Unit No 26, near Vardham Industrial Estate Vikhroli (West), Mumbai, Maharashtra India 400083
Hong Kong, Indonesia, Japan Malaysia, Pakistan, Philippines, Singapore, South Korea
Snap Group Limited Singapore Branch
New Zealand
Snap Aus Pty Ltd
Switzerland
Snap Camera GmbH
If the entity using the Business Services has its principal place of business in China and is using the Business Services for payments, then, for purposes of the Payment Terms, the following supplemental terms apply:
The Charges are exclusive of Local VAT and Local Surcharges, as defined below. You will remit and report the Local VAT and Local Surcharges to the appropriate Chinese tax authority on Snap’s behalf. Upon Snap’s request, you will promptly provide Snap proof of payment issued by the appropriate Chinese tax authority, including proof of the amount of the taxable revenue, the amount of Local VAT, and the amount of Local Surcharges relating to the Charges.
You will not withhold any Local VAT or Local Surcharges from the Charges set forth in the applicable invoice. If you or Advertiser is required to pay any Local VAT or Local Surcharges by withholding or deducting such amounts from the Charges, you will pay to Snap any additional amount necessary so that Snap receives a net amount equal to the Charges set forth in the applicable invoice.
For purposes of these Payment Terms: (a) ”Local VAT” means VAT (including any penalties and late payment surcharges) levied under Applicable Law in China; and (b) ”Local Surcharges” means any taxes, duties, or surcharges payable on the amount of Local VAT payable, including City Maintenance and Construction Tax, Education Surcharge, Local Education Surcharge, and any penalties and late payment surcharges.
If the entity using the Business Services has its principal place of business in France, then, for purposes of the Payment Terms, the following supplemental terms apply in addition to those set out in Section 1:
In case of late payment, a penalty of three times the French legal interest rate will apply as from the date on which the payment is due; late payment will also give right to a fixed compensation for recovery fees of an amount of EURO €40.
If the entity using the Business Services has its principal place of business in India and is using the Business Services for payments, then, for purposes of the Payment Terms, the following terms apply, and take priority if there is a conflict or inconsistency between the Local Terms and the Payment Terms:
If you or Advertiser are required to withhold or deduct any taxes, or pay any tax deducted at source (“TDS”) in addition to the Charges, you will: (a) be responsible for remitting any TDS that applies to your transactions to the Indian tax authorities; and (b) promptly send to Snap on a timely basis and as Snap otherwise reasonably requests TDS certificates (Form 16A) required by Applicable Law in India proving that you and Advertiser complied with the requirement to withhold or deduct those taxes.
In summary: the Snap entity you are entering into a binding contract with for the provision of the Business Services is determined by your principal place of business as set out in these Local Terms.