Implementation Services Agreement India - GCP
To receive the Services described below, Customer agrees to the terms of this Implementation Services Agreement ("Agreement"). Together with any applicable Order Form, this Implementation Services Agreement governs Customer's purchase of Services from Google Cloud India Private Limited ("Google Cloud India").
Google Cloud India has been appointed by Google Asia Pacific Pte Ltd ("Google") as a non-exclusive reseller of the Services in India.
1. Services.
1.1 Services. Google Cloud India will sell Services to Customer in India. Customer's use of the Services is subject to Google's Implementation Services Terms of Service ("TOS") described in Annexure A. Google Cloud India does not have obligations to Customer under the TOS.
1.2 Change Orders. Any changes to an Order Form require a written amendment signed by Customer and Google Cloud India.
2. Customer Obligations.
2.1 TOS. Customer will comply with its obligations in the TOS. Google Cloud India will not be liable for a delay caused by Customer's failure to comply with its obligations in the TOS.
2.2 No Personal Data. Customer acknowledges that Google Cloud India does not need to process Personal Data to sell the Services. Customer will not provide Google Cloud India with access to Personal Data.
3. Payment Terms.
3.1 Payment. Customer will pay all Fees for Services ordered under this Agreement. Google Cloud India will invoice Customer for the Fees and Customer will pay all invoiced amounts by the Payment Due Date to Google Cloud India in Indian rupees. Wire transfer payments will include the bank information described in the invoice. Fees for some Services may be non-cancellable, as specified on an Order Form.
3.2 Taxes.
a. In consideration of the Services, Customer will pay Fees and applicable Taxes to Google Cloud India. If Google Cloud India is required to collect or pay Taxes, Google Cloud India will invoice Taxes to Customer, unless Customer provides Google Cloud India with a timely and valid tax exemption certificate authorized by the appropriate taxing authority.
b. If required under applicable law, Customer will provide Google Cloud India with all applicable tax identification information (including Customer's Goods and Services Tax Identification Number ("GSTIN"), the location where the Services will be received by Customer, and Customer's tax status) required for Google Cloud India to comply with applicable tax regulations in India. Customer represents that it will provide accurate tax identification information to Google Cloud India. Customer's provided address and GSTIN will correspond to the location where Customer will receive the Services. Customer will pay for (or reimburse Google Cloud India for) any taxes, interest, penalties or fines arising out of any inaccurate tax identification information provided to Google Cloud India by Customer.
c. If Customer is required by law to withhold any amounts for income tax on its payments to Google Cloud India, Customer will timely provide Google Cloud India with a withholding tax certificate or other appropriate documentation to support such withholding in accordance with applicable tax laws in India.
3.3 Invoice Disputes. Customer will submit any invoice disputes to collections@google.com before the Payment Due Date. If the parties determine that Fees were incorrectly invoiced, Google Cloud India will issue a credit equal to the agreed amount.