eInvoicing Clause Samples

eInvoicing a. Customer hereby authorizes IBM, it’s third party vendor, TrustWeaver AB, or other third party vendors with which IBM may contract to provide all or a portion of the IBM SaaS (collectively “Processors”), to issue invoices “in name and on behalf of” as described in this subsection titled “eInvoicing,” (where the laws of Italy govern the IBM SaaS, all references to “in name and on behalf of” shall be read as “on behalf of”). This unilateral authorization is made solely for tax compliance purposes. Processors are not parties to this Agreement. This subsection does not address or affect rights and obligations concerning commercial or liability aspects of the IBM SaaS provided to Customer. This subsection does not create rights or obligations in relation to processes and controls to be performed by Customer under applicable tax laws other than those explicitly mentioned herein. Unless explicitly stated herein, this subsection does not authorize a Processor to act in the name and on behalf of Customer. Specifically Customer hereby authorizes Processors to do the following. (1) Processors will receive Customer’s invoice data not yet constituting an original invoice from IBM and subsequently apply an electronic signature to the data to issue electronic invoices “in the name and on behalf of” Customer. Customer explicitly acknowledges and agrees that Processor will apply such electronic signatures with private keys corresponding to certificates issued by third party certification service providers to Processor. Further, Customer agrees that IBM may add language specifying this relationship to Customer’s invoices. (2) Processors will validate the electronic signatures on the electronic invoices where Customer technically requests for electronic signature validation. When Customer acts as a supplier of goods or services for tax purposes, the validation process consists of obtaining revocation status information from the issuing certification authority. The revocation status information is sent or otherwise made available to the buyer in the transaction in the agreed format together with the electronic invoice. When Customer acts as a buyer of goods or services for tax purposes, the validation process will in addition include a cryptographic check of the electronic signature. b. This subsection titled “eInvoicing” is intended to meet all requirements, under applicable law regulating electronic invoicing, concerning agreements between invoicing parties and third part...