Last updated January 1, 2023.
These Avalara for Energy Pro Supplemental Terms (“Energy Pro Terms”) govern Customer’s use of Energy Pro Services. These Energy Pro Terms are in addition to, and incorporate by reference, the Avalara Service Terms and Conditions available at https://www.avalara.com/terms (the “Terms”). Any capitalized terms used in these Energy Pro Terms and not defined have the meanings given in the Terms.
1. Definitions.
a. “Avalara AvaTax for Energy Pro” (formerly known as AvaTax Excise Pro) means the Service for manually calculating excise, sales, and use tax for petroleum products only.
b. “Avalara Returns for Energy Pro” (formerly known as Avalara Returns Excise Pro) means the Service for providing limited signature-ready tax returns for petroleum products.
c. “Energy Pro Services” means Avalara AvaTax for Energy Pro and Avalara Returns for Energy Pro.
d. "Jurisdiction" means a U.S. state, district, or territory, or Canadian province, or country (as listed in an Order Document) in which Customer files Returns or calculates excise, sales, and use taxes for petroleum products.
e. “Return” means all the excise tax returns, forms, schedules, and other filings for Customer (and, if applicable, its Affiliates) for the Jurisdictions and supply terminals (ExSTARS) listed in an Order Document (and including, if applicable, a successor return code established by a Jurisdiction to succeed a return code listed in the Order Document), during the applicable Subscription Term.
2. Services.
a. Customer Responsibilities.
i. Customer is responsible for system configuration unless otherwise provided in an Order Document. Customer shall perform the tasks and provide the items and resources related to system configuration that Avalara may reasonably request. Any delays by Customer may result in delays in system configuration and delays in using the Service, which could result in penalties, fines, or other sanctions imposed by a taxing or similar authority. Avalara may extend its performance time commensurate with any Customer delay.
ii. If Customer purchases Avalara Returns for Energy Pro, the Service will generate Returns for Customer’s review and filing. Customer retains sole responsibility and liability for the accurate preparation and timely filing of the Returns.
b. Avalara’s Responsibilities. In addition to Avalara’s responsibilities provided elsewhere in the Agreement, Avalara shall give users at least 24 hours’ written notice of any planned downtime via a banner or message within the system. To the extent practicable, Avalara will schedule planned downtime during the hours from 6:00 p.m. to 3:00 a.m. Pacific Time.
3. Avalara Returns for Energy Pro.
a. Fees. Fees are based on the number of Jurisdictions and supply terminals. Avalara will provide Customer use of Avalara Returns for Energy Pro for the number of Jurisdictions and supply terminals (ExSTARS) set forth in the Order Document.
b. Service Limitations. Customer may only file returns for a single tax filing entity with up to 1,000 transactions per Return.
4. Avalara AvaTax for Energy Pro.
a. Fees. Fees are based on the Document subscription tier set forth in Customer’s Order Document. Avalara will provide Customer use of Avalara AvaTax for Energy Pro for the number of Documents in the Document tier set forth in the Order Document.
b. Service Limitations for Avalara AvaTax for Energy Pro. Customer must enter Documents manually, either individually or via spreadsheet import.
c. Overages. If Customer exceeds the usage tier for Documents set forth in its Order Document, Customer will be charged a per-Document overage charge. Overage fees for the Initial Subscription Term will be charged at the rate specified in the Order Document, and in any Renewal Subscription Term, Avalara’s then-current overage rates will apply.
d. Document Calculations.
i. Documents. Fees for usage are based on the number of Documents recorded or altered in Avalara AvaTax for Energy Pro by Customer. A “Document” is any record that is entered, uploaded, or otherwise recorded in Avalara AvaTax for Energy Pro by Customer. Documents include, for example, unique sales invoices, purchase invoices, inventory transfer invoices, return invoices, and committed ecommerce shopping carts. Each such record will count as one Document for purposes of calculating usage of Avalara AvaTax for Energy Pro, as will each subsequent alteration of the record. All such records will be considered Documents, regardless of the tax result generated by Avalara AvaTax for Energy Pro, except for records on which no tax is calculated solely because the Customer has configured the Service to not calculate tax on transactions in the jurisdiction of the destination address included on the record.
ii. Alternate Document Calculations. In the situations described below, Avalara may use one of the following alternate calculations of Document usage to better capture Customer’s use of Avalara AvaTax for Energy Pro:
1) If Customer does not uniquely identify all Documents (as defined above) to the Service in any billing month, the following calculations will be used to determine Document usage during that month:
a) Every 10 API calls to the excise tax calculation service will count as one Document; and
b) Every 100 invoice lines sent to the excise tax calculation service will count as one Document.
2) If Customer does uniquely identify all Documents to Avalara AvaTax for Energy Pro in a billing month, but usage of the Avalara AvaTax for Energy Pro APIs or the number of invoice lines submitted significantly exceeds ordinary usage in that month, the following calculations may be used to determine “Document” usage during that month (with the number of Documents counted against the subscription calculated as the sum of all the following):
a) Every 20 API calls to the excise tax calculation service will count as one Document;
b) Every 200 invoice lines sent to the excise tax calculation service will count as one Document; and
c) Every Document submitted.
The calculation in this subsection (2) will be made at the end of each calendar month.
5. Term and Termination.
a. Service Term. The Initial Subscription Term for each Energy Pro Service will commence on the Effective Date and will continue for a period of one year unless earlier terminated in accordance with the Terms. Thereafter, the Agreement will automatically renew for successive additional one-year Renewal Subscription Terms unless (a) Customer provides written notice of non-renewal at least 30 days before the expiration of the then-current Subscription Term or (b) Avalara provides written notice of non-renewal to Customer at least 90 days before such expiration date. Customers must submit notice of non-renewal to Avalara in accordance with the instructions provided in the Documentation.
b. Data Export. By default, Avalara AvaTax for Energy Pro does not store transaction data (“Document Data”). Customer may opt to store up to 30 days of Document Data in Avalara’s systems. Avalara Returns for Energy Pro stores up to 10 years of Customer Data. Upon a request from Customer received no later than 60 days after termination of a subscription, Avalara shall either (i) provide Customer with limited access to the applicable Energy Pro Service, at no additional cost and subject to the obligations and restrictions of the Terms, solely for the purpose of retrieving Document Data, if any, and any other Customer Data stored on Avalara’s systems; or (ii) provide Customer with an export file of the Document Data, if any, and any other Customer Data stored on Avalara’s systems in a commonly used format reasonably determined by Avalara and subject to Avalara’s standard fees for such export. Avalara may, but shall have no obligation to, maintain or return Document Data or Customer Data more than 60 days after termination of the applicable subscription.
