SAP Upscale Commerce

Terms & Conditions 

By clicking "Accept" or “Agree,” you agree to all of the terms and conditions stated in this Agreement. If you do not agree to these terms, do not click "Accept" or “Agree.” By clicking “Accept” or “Agree” you hereby represent and warrant that you have been given the power of attorney by your employer (“Customer”) to carry out this transaction and conclude the respective contracts with SAP on behalf of your employer. If you do not have the appropriate power of attorney, we kindly ask you to not continue with this transaction.

This agreement (defined below) is a legally binding agreement for SAP Cloud Services between Customer and the SAP affiliate or subsidiary company in the country in which Customer is located and from whom Customer is subscribing to SAP Cloud Services displayed in the Purchase Review and Order Confirmation (both defined below) (“SAP”).

This order document (Order Document) is governed by and incorporates the following documents in effect as of the effective date.  All documents are listed in order of precedence, and collectively referred to as the “Agreement”: 

 Customer has had the opportunity to review the Agreement, including without limitation the GTC, Schedules, Supplements and terms and conditions mentioned above, prior to accepting this Agreement.  SAP recommends Customer prints copies of the applicable GTC, Schedules and Supplements for Customer’s own records.  The Agreement shall be effective as of the recorded time Customer has accepted the Purchase Review and Order Confirmation.

1. Cloud Service and Fees:  The Cloud Service subscription fees and pursuant to this Agreement consists of the component(s) identified in the purchase review displayed on the SAP Store (“Purchase Review”) as well as in the corresponding order confirmation email Customer receives from the SAP Store (“Order Confirmation”). 

Payment is not dependent upon completion of any implementation services.   Fees for Non-recurring services shall be invoiced by SAP on a one-time basis and paid by Customer in accordance with the GTCs. Fees for renewal terms will be equal to the fees for the immediately preceding subscription term (including any additional Usage Metrics or Cloud Services added to this Order Form during the Subscription Term), provided SAP may apply an increase to such fees (over the preceding term of the Order Form) to account for changes in consumer prices generally over the preceding term of the Order Form.  Non-recurring fees (if any) shall be invoiced by SAP and paid by Customer upon commencement of the Subscription Term.

2. Cloud Service Access and Taxes: Customer acknowledges that the “Ship-To” address entered by Customer in the SAP Store site is the primary location from which Customer will access the Cloud Service (“Primary Access Location”). If Customer does not provide a Primary Access Location, SAP will incorporate a default Primary Access Location to Customer’s sold-to address.  Customer has provided the following Primary Access Location.  It is the obligation of the Customer to consider if withholding tax is applicable. In case of any applicable local taxes, these are to be borne by Customer. Applicable taxes have to be declared and paid to the respective tax authority by Customer.  Customer’s failure to provide SAP with its VAT and/or GST number may have sales tax implications.  Cloud Services Fees do not include Taxes.  

3.   Notification SAP shall notify Customer at least thirty seven (37) days’ prior to the end of the initial term and each renewal term of the paid subscription of the renewal date of the Agreement, and Customer may elect to terminate the Agreement and cancel the subscription effective upon the end of the initial term or any renewal term by notifying SAP using the Contact SAP link on the SAP Store at least thirty (30) days prior to the end of the then-current term.   SAP may elect not to renew the paid subscription effective as of the end of the initial term or any renewal term by providing Customer fourteen (14) days’ notice. 

4.     Payments. 
(a)   The fees for the initial term of the Cloud Service are included in the ordering page(s) of the SAP Store.

(b)   If Customer is a previously authorized buyer of SAP products, SAP will invoice customer and payment is due in accordance with the GTC.

(c)   If Customer is not a previously authorized buyer, Customer must use a valid credit card to order the initial subscription.  Fees will be billed to Customer’s credit card for each renewal term upon the first business day of the renewal term. Customer’s credit card will be billed in advance for each billing period during the term of this Agreement for use of the Cloud Service unless Customer cancels its subscription as provided above.