Google Cloud Marketplace - Agency Jurisdictions
This page is referenced in the Marketplace Vendor Agreement between You and Google or the other agreement under which Google lists Your Products on the Marketplace (the "Agreement") and lists the transactions for which Google and/or its applicable Affiliate will act on Your behalf as Your Payment Agent as set forth in the Agreement. Capitalized terms used but not defined on this page have the meaning given to them in the Agreement. To the extent there is a conflict between the terms stated on this page and the provisions of the Agreement, the terms stated on this page will prevail.
Subject to the contents of this page, Google and/or the applicable Affiliate listed in the “Payment Agent Entities” table below will act as Your Payment Agent with respect to any payment transaction for Your Products on the Marketplace where (i) You are located in any Vendor Agency Country and (ii) the Customer is located in a Customer Agency Country, respectively in the table below (any such transaction, an "Agency Transaction"). For all other transactions, Google will be the merchant of record and Your reseller with respect to sales of Your Products to Customers through the Marketplace.
You agree that Google and the applicable entity acting as Your Payment Agent reserve the right to delay processing or settlement of payment transactions (including the payment of Vendor Net Revenue to You) in the event You or a Customer do not successfully complete Google's Compliance Process (as defined in the Agreement), including identity verification, or Google or the applicable Payment Agent reasonably believe there is potentially suspicious, illegal, or fraudulent activity related to Your or a Customer's use of the Marketplace or a transaction on the Marketplace for Your Products. Neither Google nor the applicable Payment Agent will have any liability to You for any delay in making settled funds available to You under this paragraph.
Agency Jurisdictions Table
| Vendor Agency Countries | Customer Agency Countries |
|---|---|
| United States | United States** |
| France* | France |
| Germany* | Germany |
| United Kingdom* | United Kingdom |
| Canada | Canada |
| Israel | Israel |
*If You are located in France, Germany, or the United Kingdom, Google will be the merchant of record and Your reseller with respect to sales transactions for Your Products on the Marketplace to Customers located in the United States or Canada who access Google Cloud Platform through the online Google Cloud Platform Terms of Service.
**Transactions for Your Products with Customers located in Nevada are not eligible for agency, and Google will be the merchant of record and Your reseller for such transactions on the Marketplace.
Payment Agent Entities Table
The applicable Google Affiliate listed below for Your location will be Your Payment Agent for Agency Transactions.
| Vendor Location | Vendor Payment Agent |
|---|---|
| United States | Google Payment Corp. ("GPC") |
| France | Google Payment Ireland Limited ("GPIL") |
| Germany | Google Payment Ireland Limited ("GPIL") |
| United Kingdom | Google Payment Limited ("GPL") |
| Canada | Google Cloud Canada Corporation |
| Israel | Google Payment Limited ("GPL") |
Taxes
Unless otherwise specified below for a specific jurisdiction, for transactions for Your Products on the Marketplace, Google (or its Affiliate) will collect, subject to Section 3.6.4 of the Agreement, any applicable Taxes required to be collected from Customers for such transactions and will remit such Taxes to the appropriate authorities, unless the Customer provides a valid exemption certificate to Google (or its Affiliate).
Additional Regional Terms
United States
If You are located in the United States, GPC will hold funds received from the applicable Customer's payment method issuer or account-holding institution as Your Payment Agent, pending transfer to You. You will not have access to funds in the process of settlement to You. You also will not earn interest on such funds and the funds are not insured for your benefit by any government agency.
United Kingdom, France, and Germany
If You are located in the United Kingdom, France, or Germany, the following terms apply with respect GPL or GPIL acting as Your Payment Agent (as reflected in the table above) for Agency Transactions:
If You have fewer than 10 employees and meet the other criteria for a micro-enterprise under EU or UK regulation, the following additional terms apply:
United Kingdom:
https://payments.google.com/payments/apis-secure/u/0/get_legal_document?ldo=0&ldt=sellertos&ldr=gbFrance:
https://payments.google.com/payments/apis-secure/u/0/get_legal_document?ldo=0&ldt=sellertos&ldr=frGermany:
https://payments.google.com/payments/apis-secure/u/0/get_legal_document?ldo=0&ldt=sellertos&ldr=deCanada
If You have a Canadian Goods and Services Tax / Harmonized Sales Tax (GST/HST) ID and/or Quebec Sales Tax (QST) ID, You must complete required joint agency election forms as part of the Marketplace enrollment process in order to participate in the Marketplace.
In accordance with the Excise Tax Act, Act respecting the Québec sales tax, and equivalent provincial sales tax legislation, Google Cloud Canada Corporation assumes the exclusive role of the "distribution platform operator" for all Marketplace transactions involving Your Products sold to Customers within Canada.
Israel
Taxes: If the Customer purchasing Your Product is located in Israel, You will be responsible for determining, charging, and remitting to the appropriate authorities any applicable Israeli VAT with respect to such transactions.
Payment Terms: If You are located in Israel, a summary of applicable terms for the payment services provided by the Payment Agent in connection with Marketplace transactions for Your Products follows. Capitalized terms used but not defined in the summary below will have the meaning given to them in the Agreement.
| Identity of the payment service provider for Vendors in Israel (“Payment Agent”) | Google Payment Ltd, a company registered in England (Company No. 05903713) |
| Type of services | Facilitating payments of Vendor Net Revenue to You in connection with sales of Your Products on the Marketplace. |
| Essential conditions | The Payment Agent will disburse Vendor Net Revenue to You in connection with sales of Your Products on the Marketplace. |
| Payment date | Monthly; on or after the last business day of the calendar month following the receipt of funds. The Payment Agent is not obligated to make a payment if the Vendor Net Revenue due to You is less than $100.00 USD or foreign currency equivalent and may postpone such payment. |
| Fees/Costs | The portion of Net Revenue retained by Google as a Marketplace service
fee under the Agreement is a commercial fee charged by Google. There are no fees charged to You for the payment service of the Payment Agent. |
| Operational requirements | As specified in the Agreement, help center pages and similar documentation. |
| Rejecting transactions | Due to unusual or suspicious activity, for failure to complete Google's Compliance Process, or to comply with Applicable Law. |
| Agreement period | The payment services are ancillary to the Agreement. Accordingly, the term and termination provisions of the Agreement also apply to the payment services. |
| Risks | The payment service is subject to risks associated with any payment service, including credit risks and operational risks (including delays, suspension or termination of services, communication problems or problems related to payment instrument issuers and other banking institutions, including the operator of Your disbursement account). Payment processing is subject to the Customer's rights regarding cancellation, revocation, chargeback or refund following the cancellation of a transaction, in accordance with the rules of the relevant payment instrument used by the Customer. The Customer may be entitled to reject a payment transaction subject to Applicable Law, including with respect to online transactions. |
| Responsibility | The Payment Agent provides no warranties. Its liability is limited to the Vendor Net Revenue paid or payable by Google to You under the Agreement, provided that the Payment Agent will have no liability (i) for indirect damages of any kind or lost revenues, profits, savings, or goodwill; (ii) for refunds permitted by the Agreement; (iii) due to transaction cancellation; or (iv) for other issues beyond its control. |
| Supervision | Google Payment Ltd is a company regulated and authorized by the Financial Conduct Authority (FCA). GPL's activity in Israel is also regulated by the Israeli Securities Authority. Payment Services to Israeli Vendors are subject to Applicable law, including the Payment Services Law, 2019, and any other law or regulation applicable under Israeli law. |
| Notice and Communication | Notices and other communication with the Payment Agent shall be made in accordance with the Agreement; without limiting the aforesaid, Sections 14.2 and 14.3 of the Agreement shall apply to notices between You and the Payment Agent. |