PLEASE NOTE: WE’VE UPDATED THESE LOCAL TERMS, EFFECTIVE 1 APRIL 2024. YOU CAN VIEW THE PRIOR LOCAL TERMS, WHICH APPLY TO ALL USERS UNTIL 31 MARCH 2024 HERE.

Local Terms

Effective: 1 April 2024

Introduction

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 below, and are incorporated into the Business Services Terms. Some terms used in these Local Terms are defined in the Business Services Terms.

1. Snap entity

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 catalogues), 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, Catalogue 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

2. China

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 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 the 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 Surcharges, Local Education Surcharge and any penalties and late payment surcharges.

3. France

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 €40.

4. India

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 the 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 the 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.