INFORMED CONSENT AND AGREEMENT TO USE ELECTRONIC RECORDS AND SIGNATURES (“Consent and Agreement”)

Why We Are Asking for Your Consent

TrustWeaver AB, a company registered under number 556613-6262 in Sweden and Tradeshift Inc., a Delaware registered company (“we”, “us”, “our”) must ask for and obtain your consent and agreement before using electronic signatures in its relationship with you for tax compliance purposes.

Tradeshift provides e-invoicing functionality to your company or your customers, among which are the creation and verification of electronic signatures through TrustWeaver.

This Consent and Agreement does not address or affect rights and obligations concerning commercial or liability aspects of the e-invoice signing or related electronic signature services provided to your company; such aspects shall be regulated in a separate agreement as relevant.

TrustWeaver’s liability for the e-invoice signing functions covered by this authorization is exclusively towards Tradeshift and all liability towards your company is excluded.

Unless explicitly stated herein, this document does not authorize us to act in the name and on behalf of your company. This authorization can be revoked at any time by simple notification and it will remain valid until such revocation.

Your Consent and Agreement and What it Means

1. Authorization of e-invoice signing

Your company hereby authorizes TrustWeaver as its representative for e-invoice signing, to receive your company’s invoice data, and subsequently apply an electronic signature to these data, based on a class 2 digital certificate issued by an Indian Certification Authority to TrustWeaver.

Your company explicitly acknowledges and agrees:

1. That TrustWeaver will apply such electronic signatures or seals with private keys corresponding to certificates issued by third party certification service providers to TrustWeaver.
2. To the procedures for e-invoice signing as described in this authorization.
3. That your company’s e-invoices may include language specifying this outsourced e-invoice signing relationship.

2. Tax compliance and responsibility

Your company explicitly acknowledges and agrees:

1. Your company remains fully responsible towards competent tax authorities for the invoice and its GST and other tax implications. Among other things, your company remains fully responsible for, where relevant, reporting and paying GST and other applicable taxes as though the invoice were issued directly by your company.
2. Your company remains fully responsible for the data submitted being complete and correct.
3. Your company agrees to notify TrustWeaver of any changes in information pertaining to your company that might be relevant to the validity of this authorization or to the correct signing of your e-invoices by TrustWeaver.
4. Your company shall within 24 [twenty-four] hours of submitting invoice data to Tradeshift, inform Tradeshift if you have not yet received your version of the original signed invoice.
5. If your company has not, within the time limits stated previously, communicated any apparent errors in an invoice, that invoice will be deemed to have been validly signed. Where possible under the applicable law, your company agrees not to challenge the valid signing of an invoice if it is deemed to be correct in accordance with the foregoing.
6. Your company agrees to take all the necessary measures to ensure that its e-invoicing processes, as well as those of relevant agents and service providers not subject to this authorization fulfil all applicable legal requirements.
7. Your company will apply invoice numbers to invoices before these are signed by TrustWeaver. Therefore, there is no need for any agreement on the block or range of serial numbers to be used for the invoices.