Please note that these Supplemental Terms are being updated on January 1, 2021, and that the updated terms will apply to your Avalara Service upon any renewal, upgrade, or additional service purchase made on or after January 1. You can review the updated terms at www.avalara.com/energy-pro-terms
AVALARA EXCISE PRO SUPPLEMENTAL TERMS
Last updated January 1, 2020.
These Avalara Excise Pro Supplemental Terms (“Excise Pro Terms”) govern Customer’s use of the Avalara Excise Pro Services. These Excise 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 Excise Pro Terms and not defined have the meanings given in the Terms.
“AvaTax Excise Pro” means the Service for manually calculating excise, sales, and use tax. Sales and use tax calculation are limited to excisable products only.
“Avalara Returns Excise Pro” means the Service that provides limited signature-ready excise tax returns.
“Excise Pro” means AvaTax Excise Pro and Avalara Returns Excise Pro.
“Excise 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 during the applicable Subscription Term.
2. Trial Period. The Trial Period set forth in the Terms does not apply to Excise Pro.
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 Excise Pro, the Service will generate Excise Returns for Customer’s review and filing. Customer retains sole responsibility and liability for the accurate preparation and timely filing of the Excise 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.
c. Use of the Service by Customer’s Affiliates. Customer may use Excise Pro to process the activities of Customer’s Affiliates. Customer is responsible for Customer’s Affiliates with respect to all interactions among Customer, Customer’s Affiliates, and Avalara in connection with this Agreement, and Customer represents that it has the authority to act on its Affiliates’ behalf. Avalara will invoice Customer and not its Affiliates for use of Excise Pro and Customer shall pay all invoices to Avalara. Only Customer and not its Affiliates may request technical support with respect to Excise Pro, unless otherwise agreed in writing, or take any action to enforce rights and obligations arising from the Agreement. Avalara may directly enforce the Excise Pro Terms against any of Customer’s Affiliates, or Customer, or both, in Avalara’s sole discretion.
4. Avalara Returns Excise Pro.
a. Fees. Fees are based on the number of jurisdictions and supply terminals. Avalara will provide Customer use of Avalara Returns Excise 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 Excise Return.
5. AvaTax Excise Pro.
a. Fees. Fees are based on the number of jurisdictions and the Document subscription tier selected by Customer. Avalara will provide Customer use of AvaTax Excise Pro for the number of jurisdictions and for the number of Documents in the Document tier set forth in the Order Document.
b. Service Limitations for AvaTax Excise Pro. Customer must enter Documents manually, either individually or via spreadsheet import.
c. Automatic Upgrades and Overages. If applicable, Customer may choose one of two options if Customer exceeds the usage tier for Documents set forth in its Order Document: either payment of a per-Document overage charge or automatic upgrade to the next subscription tier. At any time prior to exceeding the number of Documents in Customer’s purchased subscription tier, Customer may change the selected option. 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 AvaTax Excise Pro by Customer. A “Document” is any record that is entered, uploaded, or otherwise recorded in AvaTax Excise 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 AvaTax Excise Pro, as will each subsequent alteration of the record. All such records will be considered Documents, regardless of the tax result generated by AvaTax Excise 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 AvaTax Excise 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 AvaTax Excise Pro in a billing month, but usage of the AvaTax Excise 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.
6. Term and Termination.
a. Service Term. The Initial Subscription Term for each Excise 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 firstname.lastname@example.org.
b. Data Export. By default, AvaTax Excise 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 Excise 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 Excise Pro Service, at no additional cost, 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.