By accepting this license, you agree to the following terms: NETBLAZON grants you (“Client”) a non-exclusive and non-transferable limited license to use one (1) copy of the module or access to the XML API (“Software”) accompanying this documentation, on a single computer, and to use the written materials (“Documentation”) accompanying the Software, in accordance with the terms and conditions of this Agreement.
- License Grant. Subject to the payment of the applicable license and subscription fees, and subject to the terms and conditions of this Agreement, NETBLAZON hereby grants to Client a non-exclusive, non-transferable right to use the software within one authorized website or domain, depending on the type of license purchased.
- Ownership Rights. The software is protected by United States copyright laws and international treaty provisions. NETBLAZON and its suppliers own and retain all right, title and interest in and to the software, including all copyrights, patents, trade secret rights, trademarks and other intellectual property rights therein. Client acknowledges that Client’s possession, installation, or use of the software does not transfer to Client any title to the intellectual property in the software, and that Client will not acquire any rights to the software except as expressly set forth in this Agreement. Client agrees that any copies of the software and documentation will contain the same proprietary notices that appear on and in the software and documentation.
- ADDITIONAL RESTRICTIONS. Client may not loan, rent, lease, or distribute the Software, and/or the Documentation. Client may not assign or transfer this license, the Software, any copies of the Software, and/or the Documentation, or any copies of the Documentation without first obtaining prior written permission from NETBLAZON. Requests for such permission should be sent to NETBLAZON, and should: (a) set forth the name and address of the proposed transferee of this license, the Software, and Documentation; (b) state that Client agree to retain no copies of the Software or Documentation upon such transfer; and (c) include a statement signed by the proposed transferee indicating agreement to the terms and conditions of this Agreement. Any unauthorized attempt to sub license, assign, or transfer any of Client’s rights, duties, or obligations under this Agreement is void.
Client may not reverse engineer, decompile, or disassemble the Software, and Client may not modify, translate, or create derivative works from the Software. Client agrees to protect the Software, and Documentation from unauthorized publication, use, reproduction, and/or distribution. CLIENT MAY NOT USE, COPY, OR TRANSFER THE SOFTWARE, ANY COPIES OF THE SOFTWARE, AND/OR THE DOCUMENTATION, OR ANY COPIES OF THE DOCUMENTATION IN WHOLE OR IN PART, EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT.
Further, Clients are expressly disallowed from making modification to the Software that would otherwise prevent the Software from working as expected, without written authorization from NETBLAZON. Any user of this Software who is believed to have modified the Software may be subject to termination of services and will remain responsible for any and all outstanding debts associated with their account and usage to date.
- Warranty Disclaimer. To the maximum extent permitted by applicable law, and except for the limited warranty set forth herein, THE SOFTWARE IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING PROVISIONS, YOU ASSUME RESPONSIBILITY FOR SELECTING THE SOFTWARE TO ACHIEVE YOUR INTENDED RESULTS, AND FOR THE INSTALLATION OF, USE OF, AND RESULTS OBTAINED FROM THE SOFTWARE. WITHOUT LIMITING THE FOREGOING PROVISIONS, NETBLAZON MAKES NO WARRANTY THAT THE SOFTWARE WILL BE ERROR-FREE OR FREE FROM INTERRUPTIONS OR OTHER FAILURES OR THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NETBLAZON DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT WITH RESPECT TO THE SOFTWARE AND THE ACCOMPANYING DOCUMENTATION. SOME STATES AND JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
- Limitation of Liability. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER IN TORT, CONTRACT, OR OTHERWISE, SHALL NETBLAZON OR ITS SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR FOR ANY AND ALL OTHER DAMAGES OR LOSSES.
THE SOFTWARE PROVIDED AND THE DOCUMENTATION ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. NETBLAZON DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT ALL DEFECTS IN THE SOFTWARE WILL BE CORRECTED. YOU ASSUME SOLE RESPONSIBILITY FOR THE SELECTION OF THE SOFTWARE TO ACHIEVE YOUR DESIRED RESULTS AND FOR THE INSTALLATION AND USE OF THE SOFTWARE. THE ENTIRE RISK AS TO THE QUALITY, PERFORMANCE, AND RESULTS OF THE SOFTWARE IS WITH YOU. SHOULD THE SOFTWARE PROVE DEFECTIVE YOU, NOT NETBLAZON OR ITS SUPPLIERS, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY NETBLAZON, ITS DEALERS, DISTRIBUTORS, OR AGENTS SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS LIMITED WARRANTY, AND YOU MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE AS A WARRANTY.
IF THE DISCLAIMER OF IMPLIED WARRANTIES IS NOT PERMITTED BY APPLICABLE LAW, THEN ANY WARRANTIES IMPLIED BY LAW, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY LIMITED IN DURATION TO TEN (10) DAYS FROM THE DATE YOU RECEIVED DELIVERY. SOME STATES DO NOT ALLOW LIMITATIONS ON THE DURATION OF IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE.
- LIMITATIONS OF REMEDIES. NETBLAZON’s entire liability and Client exclusive remedy under this Agreement shall be, at NETBLAZON’s option, either (a) replacement of any file which has not met NETBLAZON’s “Limited Warranty” and which is returned to the place where you obtained it, or (b) refund of the price paid by you for this license to use the Software if NETBLAZON is unable to deliver a replacement file free of defects in materials and workmanship.
IN NO EVENT SHALL NETBLAZON OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA OR INFORMATION, PECUNIARY LOSS, OR OTHER INDIRECT, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, EVEN IF NETBLAZON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL NETBLAZON’S LIABILITY, HOWEVER FOUNDED, EXCEED THE PRICE PAID BY YOU FOR THIS LICENSE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
NETBLAZON DOES NOT GUARANTEE THE ACCURACY OF TAX TABLES OR TAX CALCULATIONS AS IT APPLIES TO ANY GIVEN TRANSACTION. YOU AGREE TO BEAR FULL RESPONSIBILITY FOR THE DETERMINATION OF THE ACCURACY AND APPLICABILITY OF ANY GIVEN RATE OR CALCULATION AS IT APPLIES TO ANY GIVEN TRANSACTION.
- SUBSCRIPTION FEES AND NON-PAYMENT. Clients are required to have their credit card information on file with NETBLAZON and agree that their subscription level fees will be billed on the 1st of every month. If, for any reason, NETBLAZON cannot authorize the subscription fees by the 5th of the month, NETBLAZON reserves the right to discontinue service to the Client until such time as the account is brought up to date. Free Trial access is strictly limited to the first thirty (30) days or thirty (30) calls to the service, whichever comes first. Thereafter, the Client is required to have a credit card on file for continued access to the service.
Clients assume all liabilities associated with credit card payments and usage. Monthly call limits and overage billing will be at set rates based on selected packages. Unless otherwise noted, overage fees will be billed at a fifty (50) percent premium of a Client’s select plan per call rate. NETBLAZON does not provide for any rollover of unused calls for a given month.
If a Client wishes to cancel their service during the month, a pro-rated refund will be provided for any remaining calls for that month once NETBLAZON confirms the software has been removed from the Client’s site.
- GENERAL. This Agreement is governed by the laws of the State of Florida.
- STREAMLINED SALES TAX PROJECT. NOTIFICATIONS NETBLAZON dba ACCURATETAX.COM (ACCURATETAX.COM) HAS ENTERED INTO CONTRACTS WITH THE GOVERNING BOARD ESTABLISHED UNDER THE STREAMLINED SALES AND USE TAX AGREEMENT AND THE NORTH CAROLINA SECRETARY OF REVENUE. AS A PREREQUISITE TO ENTERING INTO THIS CONTRACT ACCURATETAX.COM HAS CREATED A TAX CALCULATION SYSTEM SATISFACTORY TO AND CERTIFIED BY THE GOVERNING BOARD AND THE NORTH CAROLINA SECRETARY OF REVENUE. IN ADDITION ACCURATETAX.COM HAS ASSUMED CERTAIN OTHER RESPONSIBILITIES AND OBLIGATIONS AS SET FORTH IN ITS CONTRACTS WITH THE GOVERNING BOARD AND THE NORTH CAROLINA SECRETARY OF REVENUE, THE STREAMLINED SALES AND USE TAX AGREEMENT AND THE LAWS OF THE STATES THAT ARE MEMBERS OF THE GOVERNING BOARD. AS PROVIDED IN THE CONTRACTS BETWEEN ACCURATETAX.COM AND THE GOVERNING BOARD AND BETWEEN ACCURATETAX.COM AND THE NORTH CAROLINA SECRETARY OF REVENUE, ACCURATETAX.COM IS AUTHORIZED TO REPRESENT ITSELF AS A CERTIFIED SERVICE PROVIDER. AND SERVE AS AN AGENT FOR SELLERS WHO DESIRE TO REGISTER AND PARTICIPATE IN THE STREAMLINED SALES AND USE TAX AGREEMENT. IN ADDITION, THE SERVICES PROVIDED UNDER THIS CONTRACT BY ACCURATETAX.COM MAY BE PAID BY THE STATES THAT ARE MEMBERS OF THE STREAMLINED SALES TAX GOVERNING BOARD. NOTHING IN EITHER THE CONTRACTS BETWEEN THE GOVERNING BOARD AND ACCURATETAX.COM AND THE NORTH CAROLINA SECRETARY OF REVENUE AND ACCURATETAX.COM OR THE STREAMLINED SALES USE TAX AGREEMENT ESTABLISHES ANY RIGHT OR ENTITLEMENT IN SELLERS CONTRACTING WITH ACCURATETAX.COM. A SELLER.S RIGHTS AND ENTITLEMENTS WITH RESPECT TO ACCURATETAX.COM ARE ESTABLISHED AND GOVERNED BY THIS CONTRACT WITH ACCURATETAX.COM. A SELLER.S RIGHTS AND OBLIGATIONS WITH RESPECT TO ANY OF THE MEMBER STATES ARE DETERMINED BY THE LAWS OF EACH MEMBER STATE.
- STREAMLINED SALES TAX PROJECT SELLER REQUIREMENTS. Under this agreement, Client is required to notify ACCURATETAX.COM via email and phone of volunteer seller status changes within 30 days of the change occurring. Client assumes all liability associated with assignment of tax classifications for their products. Any tax liability, payments, fees, and penalties associated with mis-classification of products will be the Client’s to assume. ACCURATETAX.COM is under no obligation to provide support or assistance to complete the classification and makes no warranty, explicit or implied that our assistance with tax class mapping is sufficient for purposes of taxation according to the rules of the states for which tax is being collected.
11.1.1 Notices under these Terms of Service shall be by electronic mail or in writing and shall be deemed delivered upon receipt to the party to whom such communication is directed, at the addresses specified below. If to AccurateTax, such notices shall be addressed to AccurateTax at PO Box 560315, Rockledge, Florida 32955. If to Client, such notices shall be addressed to the electronic or mailing address specified when you opened your account, or such other address as either party may give the other by notice as provided above.
- CHOICE OF LAW AND FORUM.
12.1.1 These Terms of Service and the relationship between Client and AccurateTax shall be governed by the laws of the State of Florida without regard to its conflict of law provisions, and specifically excluding from application to these Terms of Service that law known as the United Nations Convention on the International Sale of Goods. Client and AccurateTax agree to submit to the personal jurisdiction of the courts located within the county of Brevard, Florida. The failure of AccurateTax to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Questions about the Terms of Service should be sent to email@example.com.
Streamlined Sales Tax Certified Service Provider Services Terms and Conditions Addendum
Updated July 1, 2023
- STREAMLINED SALES TAX PROJECT NOTIFICATIONS
13.1.1 NETBLAZON dba ACCURATETAX.COM (ACCURATETAX.COM) HAS ENTERED INTO CONTRACTS WITH THE GOVERNING BOARD ESTABLISHED UNDER THE STREAMLINED SALES AND USE TAX AGREEMENT (SSUTA) AND THE LAWS OF STATES THAT ARE MEMBERS PARTY TO THE SSUTA (“MEMBER STATES”). AS A PREREQUISITE TO ENTERING INTO THIS CONTRACT ACCURATETAX.COM HAS CREATED A TAX CALCULATION SYSTEM SATISFACTORY TO AND CERTIFIED BY THE GOVERNING BOARD. IN ADDITION, ACCURATETAX.COM HAS ASSUMED CERTAIN OTHER RESPONSIBILITIES AND OBLIGATIONS AS SET FORTH IN ITS CONTRACTS WITH THE GOVERNING BOARD, THE SSUTA, AND THE LAWS OF THE STATES THAT ARE MEMBERS OF THE GOVERNING BOARD. AS PROVIDED IN THE CONTRACTS BETWEEN ACCURATETAX.COM AND THE GOVERNING BOARD, THE SSUTA, AND MEMBER STATES, ACCURATETAX.COM IS AUTHORIZED TO REPRESENT ITSELF AS A “CERTIFIED SERVICE PROVIDER” AND SERVE AS AN AGENT FOR SELLERS WHO DESIRE TO REGISTER AND PARTICIPATE IN THE SSUTA. IN ADDITION, THE SERVICES PROVIDED UNDER THIS CONTRACT BY ACCURATETAX.COM MAY BE PAID BY THE STATES THAT ARE MEMBERS OF THE STREAMLINED SALES TAX GOVERNING BOARD. NOTHING IN EITHER THE CONTRACTS BETWEEN THE GOVERNING BOARD, THE SSUTA, OR CONTRACTS WITH MEMBER STATES ESTABLISHES ANY RIGHT OR ENTITLEMENT IN SELLERS CONTRACTING WITH ACCURATETAX.COM. A SELLER’S RIGHTS AND ENTITLEMENTS WITH RESPECT TO ACCURATETAX.COM ARE ESTABLISHED AND GOVERNED BY THIS CONTRACT WITH ACCURATETAX.COM. A SELLER’S RIGHTS AND OBLIGATIONS WITH RESPECT TO ANY OF THE MEMBER STATES ARE DETERMINED BY THE LAWS OF EACH MEMBER STATE.
- STREAMLINED SALES TAX PROJECT SELLER REQUIREMENTS
14.1.1 Under this agreement, Client is required to notify ACCURATETAX.COM via email and phone of a change in seller status within ten (10) days of the change occurring. Client assumes all liability associated with assignment of tax classifications for their products. Any tax liability, payments, fees, and penalties associated with mis-classification of products will be the Client’s to assume. ACCURATETAX.COM is under no obligation to provide support or assistance to complete the classification and makes no warranty, explicit or implied that our assistance with tax class mapping is sufficient for purposes of taxation according to the rules of the states for which tax is being collected.
- General. These Streamlined Sales Tax Terms and Conditions (“SST Terms”) apply if you have been registered under the Streamlined Sales Tax Initiative (“SST Initiative”), and you have selected AccurateTax as your Certified Service Provider (as that term is defined in the Streamlined Sales Tax and Use Agreement located at this site (the “SSUTA”)). These SST Terms are in addition to, and incorporate by reference, the AccurateTax Terms and Conditions available at https://www.accuratetax.com/legal/terms/ (the “Terms”) as well as any additional terms you have agreed to for your use of AccurateTax products. Any capitalized terms used herein and not defined will have the meaning given to such terms in AccurateTax’s contract with the SST Governing Board or the SSUTA, as applicable.
- Appointment of AccurateTax.com. You hereby confirm that you have registered to participate in the SST Initiative and appointed AccurateTax.com to act as your Certified Service Provider. If you have not already registered for the SST Initiative, you hereby agree that AccurateTax.com may act as your agent to register you to participate in the SST Initiative and thereafter to act as your Certified Service Provider.
- Seller Status/Records. You will provide AccurateTax.com with a statement of your Seller status in each Member State and each Associate Member State. In addition, each year you agree to provide your updated status within thirty days of AccurateTax.com’s request for the same. Your failure to respond to any such request may result in an unfavorable change to your status in a Member State or Associate Member State. You understand and agree that you are obligated to provide electronic records upon any request from the Governing Board and any Member State or Associate Member State.
- Treasury. Unless another funding process has been implemented by mutual agreement, you agree to execute a limited power of attorney in favor of AccurateTax.com and provide designated bank account information (“Client Bank Account”) for the purpose of paying your Taxes Due and remit your Simplified Electronic Records (SER). You agree to fully fund the Bank Account for any and all Taxes Due at the time of calculation. AccurateTax.com will automatically withdraw Taxes Due from the Client Bank Account on a weekly basis or at the same frequency that AccurateTax.com is required to transmit your Taxes Due to the Member States, whichever AccurateTax.com deems necessary. In addition, if any Member State requires the prepayment of Taxes Due, and you have not made those prepayments, AccurateTax.com will withdraw the entire amount of the required prepayment five calendar days prior to the date on which prepayment is due to any such state. If balance is found to be owing in order to fully fund your Taxes Due, AccurateTax.com will immediately collect the funds by withdrawing the balance owed from Client Bank Account, unless another payment method and process is agreed. If funds are not available, Client’s account may be deemed to be in arrears and as such liability relief to Client may be forfeited for failure to remit funds. AccurateTax.com will hold any Taxes Due withdrawn from the Client Bank Account in a trust account prior to disbursement to the Member State. AccurateTax.com acknowledges and agrees that all Taxes Due collected or received from you belong to, and will be held in trust for the benefit of the Member States to which such funds are due. AccurateTax.com will not combine any of your Taxes Due with AccurateTax.com’s general funds but those Taxes Due may be deposited with funds also held in trust on behalf of other clients of AccurateTax.com.
- No Funding Obligation by AccurateTax.com. AccurateTax.com will not advance or provide funds to pay your Taxes Due. If for any reason the funds are not available in the Bank Account when they are due, AccurateTax.com will remit your SER without payment. You will then have 10 days from the payment due date to make the funds available to AccurateTax.com in the manner specified by AccurateTax.com. If the funds are not available to AccurateTax.com by the end of this 10-day period, AccurateTax.com will notify the Governing Board about lack of funding and terminate these SST Terms. You acknowledge and agree that AccurateTax.com will not be responsible for any assessments (including, but not limited to, all penalties and interest), if any, due as a result of remitting returns without payment.
- CSP-Compensated Seller Status. For each SER AccurateTax.com remits on your behalf in SSTP Member States where you have conceded sales tax nexus, not including economic nexus status, and registered as a Non-CSP-compensated Seller, AccurateTax.com will charge you the lower of: (a) its standard per-remittance fee; or (b) the per-form rate you are charged for AccurateTax Enterprise level. In addition, if you have registered as a CSP-compensated Seller, you understand and agree that AccurateTax.com may provide transactional data to any Member State, and that a Member State may audit your data directly to ensure compliance with its laws and the Contract.
- Non-Taxable Transactions. As permitted in the SSUTA, AccurateTax.com reserves the right to charge you an additional fee if your non-taxable transactions in a Member State exceed 30% of your total transactions in that state during any calendar year.
- Survival. Sections 13-21 in these SST Terms will survive any expiration, non-renewal, suspension or termination of these SST Terms.