The English version of this agreement is the definitive legal version. Translations into German, French, Italian, Spanish and Chinese are available for your ease of reference only.
The use of and access to tax services provided by third parties on Seller Central are subject to (i) the terms and conditions below (the “Terms”) between you (“you” or “your”) and Amazon Services Europe Sàrl (“we”, “us” or “Amazon”); (ii) your agreement with Avalara Europe Ltd. (“Avalara”); and, if applicable (iii) your agreement with KPMG Global Services Hungary Ltd ("KPMG") (Avalara and, if applicable, KPMG, each a “Tax Agent”, and the agreement with each of Avalara and, if applicable, KPMG, the “Tax Agent Terms”). You agree to all of these terms by using the services described below.
Services: It is the Tax Agent that is solely responsible for the provision of tax services, which may include assistance with (i) VAT registrations (document submission and lodging); (ii) VAT return, Intrastat and ESL compliance report preparation; (iii) VAT return submission; (iv) Intrastat and ESL compliance reporting; and (v) any associated translations or required government filing fees associated with (i) to (iv) (the “Tax Services”). Amazon only gives you access to an interface in Seller Central that helps you interact with the Tax Agent and provides you tools that can help you calculate your VAT exclusive prices, create invoices, and track your transactions more conveniently (the “AdditionalServices”).
Tax Services Fee Payments: To use the services described in the preceding section you will be charged (i) for Tax Services purchased from Avalara, the fees and charges described fully here; and (ii) for the Tax Services purchased from KPMG, the fees and charges described fully here ("Fees”). You authorise us, including our affiliates Amazon Payments Europe S.C.A. (“APE”) and Amazon Payments UK Limited (“APUK”) where applicable, (and will provide documentation evidencing your authorisation upon our request) to charge the Fees to the credit card on file (“Your Credit Card”), the bank account on file or debit any of your payment account(s) held with APE and/or APUK, in each case provided for the provision of services under the EU BSA. The Fees will be automatically deducted where applicable, for any sums payable by us to you (in reimbursements or otherwise). In addition to charging payable sums as referred to in this section, we may (a) offset any amounts that are payable by you to us (in reimbursement or otherwise) against any payments made to you under these Terms or the EU BSA; (b) invoice you for amounts due to us under these Terms or the EU BSA, in which case you will pay the invoiced amounts upon receipt.
Your Information: You authorise and instruct us to provide to the Tax Agents: (i) any information we hold about you or Your Products required by the Tax Agent to provide you Tax Services, and (ii) reports, calculations, tax returns, and any other information about you and your products that you make available to Amazon at any time.
No Professional Advice: The Additional Services do not constitute, and Amazon does not give, tax, legal, or other professional advice. You should consult your tax advisor to help you understand your VAT obligations.
Disclaimer: The Additional Services are provided for your convenience only and you bear full responsibility to determine the applicability and accuracy of the information generated by Amazon, including all calculation, invoicing, tax reporting and any other tax-related obligations.
Relationship: We do not have any authority to act on your behalf beyond the activities described in these Terms or any other agreement you have entered into with us. For the avoidance of doubt, you acknowledge and agree that Amazon has no obligations (including fiduciary obligations) as your agent. Amazon and the Tax Agents are independent contractors.
Additional Terms: The Additional Services are subject to your seller agreement and the EU BSA. We may at any time cease providing or giving access to any or all of these Additional Services at our sole discretion and without notice. This is without prejudice to the Tax Agent Terms that may remain in force. In the event of conflict between these Terms and the EU BSA, these Terms will govern and control.
Modification: We may modify these Terms at any time at our sole discretion. Any changes will be effective upon our notice to you pursuant to the EU BSA, including via email or by publishing applicable materials on Seller Central or the Amazon Site.
Termination: These Terms will automatically terminate upon: (i) the termination of the EU BSA, (ii) the termination of all Tax Agent Terms, or (iii) notice by us at our sole discretion.
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