This Subscription Agreement(“this Agreement”) is reached between VATAI Technology SRL (hereinafter “VAT Ai”, also referred to “we” or “our”) and the User (also referred to as “you” or “your”) on the agreement for your use of the one-stop compliance service intelligent SaaS software service independently developed by VAT Ai (hereinafter referred to as “Website”) for VAT registration and VAT filing, VAT takeover and VAT filing, VAT deregistration, retrospective(retro) return and other authorisations and services (hereinafter referred to as “VAT Service”).
Please carefully review the terms and conditions of this Agreement before making a purchase, and ensure a thorough understanding of the legal implications conveyed within this document.
After clicking to confirm your agreement or indicating acceptance, you are deemed willing to abide by all the terms of this Agreement, which is legally binding on both VATAi and you.
VAT Registration: Access VAT registration services through the Website. VAT Ai will prompt you to organise and submit all necessary documents to the relevant tax office for the registration of your tax ID once all required documentation is obtained.
VAT filing: You can independently file VAT in a timely manner according to the requirements of different country’s filing cycle through the Website. The VAT filing cycle is determined by the tax authorities of the relevant country, and the specific requirements of the local tax authority shall prevail. If you have any questions about the filing cycle, you can contact the tax authority for confirmation.
VAT takeover: You can switch from the original tax agent to a new tax agent and file VAT through the Website. Before applying for the VAT takeover, you should ensure that the taxes are filed and paid duly before the takeover by providing VAT Ai with the record of successful filing and receipts. It is necessary to purchase the retrospective(retro) return service before applying for VAT takeover if you have not completed due filing or payment of VAT.
Other services: According to your request, the Website also provides tax agent consulting service and tax payments service in some countries and regions. The service fees, handling fees and other related expenses arises from these services shall be borne by you. The fees shall be subject to public announcement on the Website. In the absence of such announcement on the Website, the service fees shall be subject to negotiations and confirmation between you and VAT Ai.
The subscription fee of the VAT Service purchased by the User shall be subject to the price published on the Website, and VAT Ai has the right to adjust the relevant prices in a timely manner according to business operations, market changes and relevant national tax authorities’ policies. The User’s acceptance of this Agreement and payment of the order amount shall be deemed to be the User’s agreement to the price of VAT Service on the Website.
The subscription fee only includes the service items actually selected by the User. In accordance with the compliance requirement of some countries and regions, VAT Ai does not provide direct tax advice or related treatment. In the cases of VAT deregisteration, tax authority inspection, etc., due to underreporting, omission, misstatement, etc., the User should contact relevant qualified tax accountants to deal with the situations. Users in need of advice from tax accountants, such as tax consulting service and payment service, might be charged with additional fees, which shall be confirmed by you and VAT Ai through negotiation.
3.1 By ticking the box to agree to this Agreement and clicking on "CONTINUE”, you
(i) accept our offer to conclude a contract of service for the paid use of the Website subject to this Agreement, (ii) authorise us to use the bank information provided by you to directly debit the amount of the service you selected. This Agreement shall come into force after you click to confirm or you actually use the services provided by us, and shall have legal effect on you and VAT Ai.
The service period of VAT Service purchased by the User through the Website is generally one year.
For VAT filing: If you are a newly registered User for VAT filing, the service period (one year) provided by VAT Ai is calculated from the date of your first submission of VAT filing through the Website, which does not include your previous filing cycle. If you need to supplement your VAT filing previous to this service period, please purchase the retrospective(retro) return service. If you have completed a VAT takeover procedure, the VAT filing service period (one year) provided by VAT Ai is calculated from the date of your first submission of VAT filing through the Website.
If you continue to use the service after the expiration of the service period, you should renew the purchase, otherwise VAT Ai has the right to terminate the VAT Service.
5.1 You can refer to Terms & Conditions for Billing and Payment Terms.
VAT Ai’s Rights and Obligations
VAT Ai is obliged to review the User’s transaction reports and sales/purchase invoice timely after the User completes the relevant application materials and pays the order fee, and submits the application to the relevant tax authority of the country the User propose to use the VAT Service. However, the User understands and agrees that the specific processing time depends on the review efficiency of the local tax authority, and VAT Ai does not make any warranty for the processing time in any express or implied form.
VAT Ai has the right to remind the User of filing the tax when the User does not file through Website in a timely manner, and terminate this Agreement and remove any authorisation and services in the case of User failing to file the tax within the filing cycle, the result and responsibilities of which shall be borne by the User.
VAT Ai is responsible for receiving the letters issued by the tax authority, translating the core content of the letters, and timely distributing and uploading the letters to the Website(hereinafter ‘letter-receiving service’). You should check the letters through the Website and handle the issues stated in the letters independently within the specified time limit. If you need any assistance in handling the issues, VAT Ai will charge a certain fee according to the situation. The letter-receiving service provided is limited to providing you with relevant letters and tax ID certificate generated in the VAT registration service. You do not have the right to use such
letter-receiving service for other purposes such as tax deferral, receipt of goods, etc. The responsibilities for the loss of letter or damage to goods shall be borne by the User.
User’s rights and obligations：
After purchasing the VAT Service and obtaining a valid tax ID, the User shall comply with the relevant national laws, regulations and the policies of the tax authority, and timely fulfill the VAT tax filing, tax payment and deregistration obligations. The User shall be responsible for any fines, penalties, freezing of accounts or stores and other legal consequences caused by the User’s delay or failure to file or pay VAT or deregister the tax ID. VAT Ai has the right to recover from the User if VAT Ai or its partner institutions or affiliates are subject to relevant penalties, fines, interests or compensation.
The User shall ensure the authenticity, accuracy and completeness of all information provided, and the User shall be responsible for the delay or failure of VAT registration, VAT filing, VAT takeover, VAT deregistration, retrospective(retro) return, etc., as well as possible penalties and fines, seizure of goods, freezing of accounts or stores, and other losses and consequences caused by the error, falsehood, or lack of information provided by the User. VAT Ai has the right to recover from the User if VAT Ai or its partner institutions or affiliates are subject to relevant penalties, fines or compensation.
If the tax ID is issued repeatedly due to the tax authority’s reasons, you should inform VAT Ai in a timely manner, and confirm with the relevant tax authority by yourself or entrusts VAT Ai to confirm. The User shall be responsible if the User files or pays the tax using the wrong tax ID during the confirmation period.
After completing the VAT filing, the User shall pay the tax payable in full and without delay through the intelligent tax calculation service on the Website or the notification requirements issued by the manual tax self-calculation. However, the User should understand that the Website only provides data calculation services and is not responsible for the authenticity and accuracy of the User’s data. The User shall be responsible for the fines, late fees, interest and other consequences caused by the User’s failure to pay in time or incorrectly. VAT Ai has the right to recover from the User if VAT Ai or its partner institutions or affiliates are subject to relevant penalties, fines, interest or compensation.
If the User does not file any tax for a certain period of time and does not reply to the letter from the tax authority, the tax authority might have the right to cancel the User’s tax ID. The User shall cooperate with the tax agent to reply,and provide corresponding data, information documents and other information after receiving a letter from tax authority that involves warning on tax collection or inspection . If the User involved in tax evasion does not correct such violation and refuses to cooperate after receiving warnings from VAT Ai for three(3) times consecutively, we have the right to pursue the corresponding responsibility, including the payment of taxes, fines and criminal proceedings.
During the use of VAT Service, if the User requires a VAT takeover, the User shall inform VAT Ai two(2) months in advance, and provide relevant information to go through the takeover procedures as required. The User shall be solely responsible for the losses and consequences(including but not limited to the loss or damage of letters, failure to send and receive in time, and the invalidation of tax ID, etc.) caused by the User’s acts of unauthorised VAT takeover or unilateral termination of the tax agent.
The User shall ensure that the VAT registration information provided does not have any prior registration application or authorisation. The User shall be responsible for the consequences of any official cancellation of the application or tax ID due to repeated submission or application.
During the use of VAT Service, the User shall promptly notify the VAT Ai of any change to the User’s information (including but not limited to the company name, legal representative, registered address, business scope, contact person and telephone information, etc.), and process the registration of such change with the tax authority. The costs arising therefrom shall be borne by the User. The User shall also be
responsible for the consequences such as not receiving the notice or letter from the tax authority in time due to any uninformed change in the User’s information.
The User shall ensure that their products to enter into the market are compliant with the relevant standards, regulations and policies of the target country or region . The User shall be responsible for any penalties or fines from the relevant country for producing or selling non-compliant products.
If the User determines that he will no longer use the VAT tax ID service that has been registered during or after the expiration of the period of using VAT Service, the User shall complete the deregistration procedure of the tax ID, pay the deregistration fee, and ensure that there is no tax or penalty payable for the deregistered tax ID. If the User fails to deregister the tax ID in a timely manner, resulting in further tax payments, penalties, fines or compensation for VAT Ai or the partner institutions or affiliates of VAT Ai, VAT Ai has the right to hold the User liable for compensation.
During the service period of this Agreement, the User shall not use VAT Ai’s tax agent’s address and other information to carry out activities unrelated to the content of this Agreement and after the service period is terminated. Any legal liability arises therefrom shall be borne by the User.
During the service period of this Agreement, under the premise that the VAT Ai fulfills the obligation to remind the User, any loss or legal liability caused by the User’s improper operation in the process of using VAT Service shall be borne by the User.
Confidential Information in this Agreement refers to the trade secrets (including financial secrets), technical secrets, business know-how and/or other confidential information and materials (including product information, product plans, prices, financial and marketing plans, business strategies, User information, User data, research and development, software, hardware, API application data interfaces, technical descriptions, designs, special formulas, special algorithms, etc.) obtained by one party (hereinafter referred to as the “Recipient”) from the other party (hereinafter referred to as the “Provider”), regardless of the form or carrier of the
above-mentioned information and materials, and regardless of whether the Provider indicates that it is confidential orally, visually or in writing at the time of disclosure.
Both Recipient and Provider shall take appropriate measures to properly protect the Confidential Information provided by the Provider with a degree of care not less than the degree of care it takes to protect its own Confidential Information. The Parties may only use the Confidential Information for any purpose related to this Agreement.
Both Recipient and Provider warrant that the Confidential Information will only be known to the persons in charge and employees of each Party engaged in the business, and strictly restrict the employees with access to such Confidential Information to comply with the confidentiality obligations set forth in this clause.
The foregoing limitations of this section shall not apply in the following cases:
At or before the time of signing this Agreement, the Confidential Information has been lawfully owned by the Recipient;
Confidential Information is made public or available in the public domain at the time of notification to the Recipient;
Confidential Information is obtained by the Recipient from a third party with whom it is not under an obligation of confidentiality or non-disclosure;
Under the premise of not violating the responsibilities agreed in this Agreement, the Confidential Information has been disclosed or can be obtained from the public domain;
Confidential Information is independently developed by the Recipient or its affiliates and does not benefit from the Information obtained by the Provider or its affiliates;
The Recipient discloses Confidential Information in response to a request by a court or other legal or administrative authority (through oral questions, inquiries, requests for information or documents, subpoenas, civil or criminal investigations, or other proceedings);
In order to apply for a certain business qualification, obtain a certain certification, or comply with national or industry standards/certifications from administrative departments, industry associations and other institutions, the Recipient needs to submit materials or explain the information to the aforementioned institutions in light of the circumstances of the other party. In such cases, the Recipient shall adhere to the principle of minimum disclosure when necessary and require the institutions that have obtained the Confidential Information to keep confidential according to the standards not lower than this Agreement.
Both Recipient and Provider shall use their best efforts to protect the above Confidential Information from being leaked. Once the above-mentioned Confidential Information leakage is discovered, both parties shall cooperate and take all reasonable measures to avoid or mitigate the consequences of damage. If losses are caused to the other party as a result, the direct economic losses caused to the other party shall be compensated.
All ownership and intellectual property rights of any information (including but not limited to text, pictures, audio and video, design software, etc.) provided by the Website and the software services provided by VAT Ai to the User for the purpose of providing services under this Agreement are fully owned by VAT Ai. The User has the
right to use the purchased VAT software product during the service period.
The User shall not engage in any act that infringes the intellectual property rights of VAT Ai, including but not limited to secondary development or reverse engineering of the programs and codes of the Website, as well as plagiarism, squabbling or other infringement of any achievements (including but not limited to text, pictures, audio and video, design, etc.) published on the Website, regardless of whether VAT Ai has applied for relevant intellectual property protection for such achievements. VAT Ai will pursue the User’s liability in accordance with the law for any infringement.
If the User has any of the following circumstances, VAT Ai has the right to terminate the User’s VAT Service (including but not limited to revoking the system right to use the tax ID, removing the tax agent relationship between the User’s tax ID and VAT Ai, refusing to accept the User’s tax ID letter, and canceling the User’s tax ID, etc.) without assuming any liability:
The User fails to make a tax filing in time after purchasing the VAT Service, and the deadline for paying due tax exceeds 90 days;
The User fails to pay the service fee on time and the period of overdue exceeds 15 calendar days.
The User violates any obligations under this Agreement and fails to correct the breach after reminders.
The User’s store is shut down due to the User’s own reasons(such as non-compliance, poor management, etc.)
If the obligations of this Agreement cannot be performed in whole or in part due to force majeure factors (including but not limited to earthquakes, floods, fires, wars, riots, marches, demonstrations, strikes, epidemics, etc.), neither party shall be liable for breach of this Agreement.
After the termination of the service, VAT Ai has the right to recover from the User’s liabilities arising from the performance of the service (such as tax evasion, penalties/late fees caused by the User’s failure to file in a timely manner, as well as any losses and consequences caused to VAT Ai and its partners, etc.). The User shall bear all the costs incurred therefrom, such as litigation fees, appraisal fees, attorney fees, and preservation fees.
The User permits that the data provided on the Website for registration and filing purposes will be used only for the purpose of registering tax ID, VAT filing, and providing relevant services. Therefore, you are aware and agree that for the purpose of completing the services agreed in this Agreement, we will provide your data to the official tax authority and our partner institutions.
In terms of our processing your data, you can view our Privacy Policy here.
VAT Ai shall be liable without limitation (i) in case of intent or gross negligence,
(ii) for injury to life, limb or health, (iii) in accordance with the provisions of the Product Liability Act 1991 and (iv) to the extent of a guarantee assumed by VAT Ai.
In the event of damage to property or financial loss caused by VAT Ai due to slight negligence, VAT Ai shall only be liable for damages arising from violation of essential contractual obligations, and to the extent, such damages were foreseeable at the time of conclusion and typical for this Agreement. An essential contractual obligation is one in which the fulfillment of the obligation correctly fulfills the purpose of this Agreement and on which the User can rely on the fulfillment of these obligations on a regular basis. Beyond this scope, all legal liabilities shall be excluded from VAT Ai.
The aforementioned limitations of liability also apply to the personal liability of VAT Ai’s employees, representatives, organs and vicarious agents.
You agree to indemnify and hold VAT Ai, its organs, employees and their respective assigns harmless from and against all losses, liabilities, claims and damages of every kind, as incurred, arising out of or in connection with (i) any culpable violation by you of this Agreement or any statutory obligations in connection herewith or (ii) your culpable violation of the rights of third parties. VAT Ai shall promptly notify you in writing in the event of such a claim.
Notwithstanding anything to the contrary in this Agreement or any oral or written agreement we have reached with you offline, VAT Ai’s liability for breach of contract in this Agreement shall be limited to the amount of successful payment by you.
This Agreement shall be governed by and construed in accordance with the law of Belgium.
All disputes arising out of or in connection with this Agreement or its validity shall be finally settled in accordance with the Arbitration Rules of the Belgian Centre for Arbitration and Mediation (CEPANI) without recourse to the ordinary courts of law. The arbitration award shall be final and binding on the Parties.
VAT Ai may amend this Agreement, any policies or supplemental terms related
to the services (collectively, the “Terms”) from time to time. Such amended Terms will then apply to each agreement we conclude with you.
If VAT Ai wish to amend any Terms of an ongoing agreement with you for the future, the following shall apply:
VAT Ai will inform you about the planned changes in the event of any material change to any Provision that detrimentally affects your rights under this Agreement, before such change goes into effect. If you do not object within thirty(30) days or, if after expiry of this period, you continue to access or use the Services, this shall constitute your consent to be bound by the Terms, as amended.
VAT Ai reserve the right to adapt or modify any Terms with effect for the future if: (i) the changes or modifications are solely beneficial to Users; (ii) the changes or modifications are necessary to comply with applicable law, including but not limited to if the applicable law changes or to comply with a court judgment or order by a public authority; (iii) the changes or modifications have no material effect on the functionality of the Services or are of a purely technical or organizational nature; or (iv) we introduce new Services or performances which require a description in the Terms, unless this would be detrimental to the ongoing contractual relationship (in the latter case, subsection 13.2.1 shall apply).
Should any specific clauses in this Agreement be or become invalid in whole or in part, other clauses shall remain valid. In the event of such invalidity, the invalid provision shall be replaced by the statutory provision.