Last Updated: November 28, 2022
This Snowflake Local Country Addendum (“Local Country Addendum”) is supplemental to (in order of precedence, as applicable): (i) the fully executed Master SaaS Agreement or similar agreement entered by and between the parties governing the Service; or (ii) the then-current version of the Snowflake Terms of Service located at: www.snowflake.com/legal (the “Agreement”) between Snowflake and Customer. Except as set forth in this Local Country Addendum, the Agreement will remain in full force and effect. Any defined terms used herein but not defined will have the meaning as defined in the Agreement. In the event of conflict between the terms in this Local Country Addendum and the Agreement, the terms in this Local Country Addendum will control with respect to the subject matter herein.
1.1. The following changes will be made to the Agreement if Customer is executing its Order Form with Snowflake Brazil Ltda and such changes shall only apply in connection with such Order Form:
1.1.1. The existing Taxes Section in the Agreement shall be deleted in its entirety and replaced with the following:
6.2. Taxes. Fees do not include Taxes. Customer is responsible for paying all Taxes associated with its purchases hereunder, including without limitation all use or access of the Snowflake Offerings by its Users. Snowflake will increase the fees as necessary to include applicable Brazilian Taxes on the invoice to Customer (tax inclusive invoice), unless Customer provides Snowflake with a valid tax exemption certificate authorized by the appropriate taxing authority. Taxes will not be deducted from payments to Snowflake, except as required by Brazilian law and with no impact on the Fees. Upon Snowflake’s request, Customer will provide to Snowflake its proof of withholding tax remittance to the respective tax authority. Where applicable, Customer will provide its CNPJ Registration Number(s) on the Order Form to confirm the business use of the purchased services.
1.1.2. The existing definition for “Taxes” in the Agreement shall be deleted in its entirety and replaced with the following:
“Taxes” means taxes, levies, duties or similar governmental assessments of any nature, including, for example, any sales, use, GST, value-added, ISS, PIS, COFINS, withholding, or similar taxes, whether domestic or foreign, or assessed by any jurisdiction, but excluding any taxes based on net income, property, or employees of Snowflake.
1.1.3. The following new definition shall be added to the Definitions Section :
“CNPJ Registration Number” means the tax identification number(s) of the business location(s) in Brazil where Customer is legally registered, and the ordered services are used for business use.