Avalara Item Classification Supplemental Terms

Effective October 23, 2019

These Avalara Item Classification Supplement Terms (“Item Classification Terms”) govern Customer’s purchase and use of Avalara Item Classification.  These Item Classification Terms are in addition to, and incorporate by reference, the Avalara Terms and Conditions available at www.avalara.com/terms (the “Terms”).  Any capitalized terms used in Item Classification Terms and not defined have the meanings given in the Terms.

  1. Definitions.
  2. Item” means an item or product that can be assigned a Harmonized Commodity Description and Coding System code or the import item classification code for a specific country (“Item Code”).

    Item Classification” is the assignment by Avalara of an Item Code for a single specified country based on the product attributes provided by Customer.

  3. Customer Obligations. Customer shall provide Avalara with data specified in the Documentation or otherwise requested by Avalara in order to assign Item Codes to the Items Customer submits. Customer is solely responsible for the accuracy and completeness of all data provided by Customer.  Customer shall transmit the Item data using the method designated by Avalara.

  4. Avalara Obligations. Avalara shall provide Item Classifications for the Items Customer submits based on the Item attributes that Customer provides.  If Customer provides insufficient information, Avalara may request supplemental information in order to complete the Item Classification.

  5. Fees. Customer shall pay fees for Avalara Item Classification based on Customer’s subscription plan and usage of the Service.

    1. Per-Item Classification Fees. Customer shall pay an activation fee, an annual maintenance fee, and the per-Item Classification fees (for clarification, the maintenance fee does not include usage fees).  The per-Item Classification fee specified in Customer’s subscription plan is based on Customer’s estimated annual usage. Avalara reserves the right to adjust Customer’s per-Item Classification fee at the beginning of any Renewal Subscription Term if the actual number of Item Classifications provided during the Subscription Term just ended is fewer than the minimum number included in Customer’s Avalara Item Classification subscription tier. For example, if Customer’s Avalara Item Classification subscription provides for at least 361 Item Classifications each year, but Customer submits only 100 Items in a given year, then, effective upon the start of the next Renewal Subscription Term, Avalara may adjust the per-Item Classification fee charged to Customer to the then-applicable per-Item Classification fee for the Avalara Item Classification subscription tier that corresponds to filing 100 Item Classifications per year.

    2. Overage Charge. If Customer usage of Avalara Item Classification exceeds the number of Items covered by Customer’s Avalara Item Classification subscription plan without upgrading to a higher tier, Customer will be charged for any additional Item Classifications at the per-Item Classification price associated with Customer’s purchased subscription tier through the end of the then-current Subscription Term.

    3. No Automatic Upgrade. Customer’s Avalara Item Classification subscription plan will not be automatically upgraded to the next highest subscription tier if Customer’s usage exceeds its subscription plan.

    4. No Trial Period. Customer cannot cancel Avalara Item Classification under Section 5(d) (Trial Period) of the Terms.

    5. One-Time Avalara Item Classification Services. Customers may purchase Avalara Item Classification on a project basis ("One-Time Avalara Item Classification Services").  For Customers who purchase One-Time Avalara Item Classification Services, Customer shall pay (i) the set-up fee and (ii) the per-Item Classification fee set forth in the Order Document for usage of the Service on a monthly basis in arrears.  The term for One-Time Avalara Item Classification Services is three months from the Effective Date and does not renew.   Purchase of this Service is non-cancellable and nonrefundable.