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Bing Ads big Chanches Please Explane

Discussion in 'Pay Per Click' started by Amsterdammed, Jun 2, 2016.

  1. Amsterdammed

    Amsterdammed Registered Member

    Joined:
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    Why This, After 10 years Tripple tax

    tax on commision
    tax on Advertisment
    custumer pay tax after bay a product
    company pays tax after selling a product

    Dear .......

    The purpose of this email is to provide notice to customers that Bing Ads will be changing the way it does business in Europe, the Middle East and Africa ('EMEA'). If your business location (the country/region where your business or your client’s business is legally registered) is outside of EMEA, this notice will not impact you. If your business location is within EMEA, please read the notice below. For more information about these changes, please read

    Notice of Bing Ads Agreement Assignment and Modification

    Microsoft Ireland Operations Limited (referred to as 'Microsoft' or 'MIOL' below) will begin servicing Bing Ads accounts for customers located in EMEA starting on 1 July 2016 ('Transition Date'). On the Transition Date, Microsoft Online, Inc. ('MOI') will begin transferring its agreements with customers in EMEA to MIOL, which will commence day-to-day operations without interruption of service. Despite this transition, your current agreements with MOI (collectively referred to as 'Agreement') will continue to govern your account. However, to conform to this change, the following modifications to your Agreement will take effect the date your Bing Ads account transitions to MIOL:
    • All references to MOI outside of the new Section titled 'Microsoft Entity' (described below) will mean 'Microsoft' (as the term is defined going forward in the new Section 'Microsoft Entity' below).

    • Any current Section titled or referencing 'Payment' or 'Taxes' is deleted in its entirety and replaced with the following to conform to the transfer to MIOL:

      'Payments. We will charge you, and you will pay, based on the standard billing terms you select and our calculation of the amounts due. Amounts due are exclusive of taxes. Neither of us are liable for any taxes the other is obligated to pay. You will pay any sales, value added, stamp or similar taxes that are permitted to be collected under applicable law. Microsoft will not collect any taxes covered by a valid exemption certificate that you provide to us. If any taxes are required to be withheld on payments made by you to us, you may deduct and pay them to the tax authority. You will deliver to us an official receipt for those withholdings and other documents reasonably requested in order to claim a foreign tax credit or refund and will use reasonable efforts to ensure that any taxes are minimised to the extent possible under applicable law.

      Prepayments. Any prepayment shall be treated as VAT inclusive, as applicable.'

    • Any clause which specifies governing law and the place to resolve disputes is deleted in its entirety and replaced with the following to conform to the transfer to MIOL:

      'Governing Law and Place to Resolve Disputes. If your principal place of business is in the United States or Canada, the laws of the State or Province of your principal place of business govern this Agreement, claims for its breach and your use of Bing Ads, regardless of conflict of laws principles, except that the Federal Arbitration Act governs everything relating to arbitration. If your principal place of business is in Europe, the Middle East, or Africa ('EMEA'), the laws of England and Wales govern this Agreement and any non-contractual obligations arising out of it, claims for its breach and your use of Bing Ads, regardless of conflict of laws principles. If your principal place of business is outside the United States, Canada and EMEA, Nevada State, USA law governs, regardless of conflict of laws principles. If we ever have a dispute that becomes a court case related to this Agreement, or its enforceability (including non-contractual disputes or claims) or your use of Bing Ads, the exclusive forum will be in the courts of (a) England and Wales, if your principal place of business is in EMEA; or (b) Ontario, Canada, if your principal place of business is in Canada; (c) otherwise, the exclusive forum for any such dispute will be a state or federal court in King County, Washington, USA. You waive any objection to proceedings in such courts on the grounds of venue or on the grounds that proceedings have been brought in an inconvenient forum.'

    • A new Section will be added as the final section of the Agreement, or any current Section titled or referencing 'Microsoft Entity' will be deleted in its entirety and replaced with the following to conform to the transfer to MIOL:

      Microsoft Entity. 'Microsoft' means Microsoft Online, Inc. (6100 Neil Road, Reno, NV 89511 USA) unless your principal place of business is in (a) India in which case 'Microsoft' means Microsoft Corporation (India) Private Limited (F-40, N.D.S.E – I, New Delhi-110049), (b) Taiwan in which case 'Microsoft' means Microsoft Taiwan Corporation (8F, #7 Sungren Rd, Shinyi Chiu, Taipei, Taiwan), (c) Brazil in which case "Microsoft" means Microsoft do Brasil Importação e Comércio de Software e Video Games Ltda., enrolled with the CNPJ under No. 04.712.500/0001-07 (Av. Bernardino de Campos, 98, Mezanino Sala 08. CEP: 04004-040 São Paulo/SP Brasil), or (d) EMEA in which case 'Microsoft' means Microsoft Ireland Operations Limited (The Atrium Building, Block B, Carmanhall Road, Sandyford Industrial Estate, Dublin 18, Ireland).
    Please contact no later than 30 days from the date of this letter if you have any questions about this transition and the changes to your Agreement.

    Yours sincerely,
     
    Last edited: Jun 2, 2016