As a condition of us providing Services to you and prior to and as a condition of making any payments to you, you will be required to provide us with any information and documentation (including identifying information and tax documentation) as we may determine at our absolute discretion to ensure our and your compliance with all applicable tax, financial and monetary transaction, anti-terrorism, and anti-money laundering laws and regulations, and any other laws and regulations we must comply with.
You are responsible for determining whether you are eligible to be paid by an Australian company. We reserve the right not to pay out funds in the event of identified fraud, violations of intellectual property rights, or other violations of the law. If we cannot settle funds into your payment account after the period of time set forth by your state, country, or other government authority in its unclaimed property laws, we may process the funds due to you in accordance with our legal obligations, including by submitting those funds to the appropriate government authority as required by law.
You are solely liable for and responsible for any tax, imposts, duties relating to or in connection with any payments made by us to you under this Agreement. If we are required to deduct or withhold taxes from a payment due to you under this Agreement, you authorise us to: (a) make those deductions or withholdings, or both; (b) pay the full amount deducted or withheld as required by the relevant law, and (c) do any other acts or things, and sign and file any documents on your behalf to comply with relevant tax law. Our payments due to you will be decreased by those amounts paid or deducted and you waive any rights to recover from us or claim against us those amounts.
You must upon demand indemnify us against any liability, cost, claim, expense, loss, penalty directly or indirectly arising from: (a) from any tax, charge, impost, or duty imposed or charged on us in connection with or in relation to a payment made to you under this Agreement; (b) any act or omission by us in relation to us paying, deducting or withholding any tax in connection with a payment under this Agreement or in accordance with our rights under this Agreement; (c) any increase in our costs as a result of changes in tax laws. You will absolutely release us from any liability or claim for any loss, cost, penalty, charge, expense suffered by you or arising as a direct or indirect result of an act or omission by us in relation to us paying, deducting or withholding any tax in connection with a payment under this Agreement or in accordance with our rights under this Agreement. You understand and agree that you are ultimately responsible for any taxes on your income.
We may deduct or set-off any amounts you owe us under this indemnity or any other provision of this Agreement from any monetary amounts or any payment obligations or liabilities we owe you under this Agreement.
As reference to “tax” or “taxes” includes taxes, sales tax, GST, levies, imposts, deductions, charges, rates, duties, compulsory loans and withholdings levied or imposed by any governmental agency, including without limitation income, land, rating, stamp, transaction and withholding taxes, duties and charges, together with associated interest, penalties, charges, fees or other amounts.