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Bing Maps API Service Level Agreement

Introduction

This Service Level Agreement ("SLA") is for the Bing Maps API for Enterprise offering purchased through the Azure Marketplace. Capitalized terms used but not defined in this SLA will have the meaning assigned to them in the Bing Maps Platform APIs' Terms Of Use ("Agreement").

If we do not achieve and maintain the Service Levels for the Service as described in this SLA, then you may be eligible for a credit towards a portion of your monthly service fees. We will not modify the terms of your SLA during the initial term of your subscription; however, if you renew your subscription, the version of this SLA that is current at the time of renewal will apply throughout your renewal term. We will provide at least 90 days' notice for adverse material changes to this SLA. You can review the most current version of this SLA at any time by visiting https://bingmapsforenterprise.wpmudev.host/en-us/maps/product/sla-mktplce.

General Terms

Definitions
  • "Applicable Monthly Period" means, for a calendar month in which a Service Credit is owed, the number of days that you are a subscriber for a Service.
  • "Applicable Monthly Service Fees" means the total fees actually paid by you for a Service that are applied to the month in which a Service Credit is owed.
  • "Downtime" is defined for each Service in the Services Specific Terms below. Except for Microsoft Azure Services, Downtime does not include Scheduled Downtime. Downtime does not include unavailability of a Service due to limitations described below and in the Services Specific Terms.
  • "Incident" means (i) any single event, or (ii) any set of events, that result in Downtime.
  • "Scheduled Downtime" means periods of Downtime related to network, hardware, or Service maintenance or upgrades. We will publish notice or notify you at least five (5) days prior to the commencement of such Downtime.
  • "Service Credit" is the percentage of the Applicable Monthly Service Fees credited to you following Microsoft's claim approval.
  • "Service Level" means the performance metric(s) set forth in this SLA that Microsoft agrees to meet in the delivery of the Services.
  • "Support Window" refers to the period of time during which a Service feature or compatibility with a separate product or service is supported.
  • "User Minutes" means the total number of minutes in a month, less all Scheduled Downtime, multiplied by the total number of users.
Terms

Claims
In order for Microsoft to consider a claim, you must submit the claim to customer support at Microsoft Corporation through the Azure Marketplace, including all information necessary for Microsoft to validate the claim, including but not limited to: (i) a detailed description of the Incident; (ii) information regarding the time and duration of the Downtime; (iii) the number and location(s) of affected users (if applicable); and (iv) descriptions of your attempts to resolve the Incident at the time of occurrence.

We must receive the claim by the end of the calendar month following the month in which the Incident occurred. For example, if the Incident occurred on February 15th, we must receive the claim and all required information by March 31st.

We will evaluate all information reasonably available to us and make a good faith determination of whether a Service Credit is owed. We will use commercially reasonable efforts to process claims during the subsequent month and within forty five (45) days of receipt. You must be in compliance with the Agreement in order to be eligible for a Service Credit. If we determine that a Service Credit is owed to you, a Service Credit will be made available.

Service Credits

  • 1. Service Credits are your sole and exclusive remedy for any performance or availability issues for any Service under the Bing Maps API terms of use and this SLA.
  • 2. Service Credits apply only to fees paid for the Service for which a Service Level has not been met.
  • 3. The Service Credits awarded in any billing month for the Service will not, under any circumstance, exceed the value of your monthly service fees for that Service, as applicable, in the billing month.

Limitations
This SLA and any applicable Service Levels do not apply to any performance or availability issues:

  • 1. That result from your use of the Service available for free;
  • 2. Due to your failure to implement any Services updates within the time specified in the Bing Maps Platform API's Terms of Use;
  • 3. Due to factors outside our reasonable control (for example, natural disaster, war, acts of terrorism, riots, government action, or a network or device failure external to our data centers, including at your site or between your site and our data center);
  • 4. That result from the use of services, hardware, or software not provided by us, including, but not limited to, issues resulting from inadequate bandwidth or related to third-party software or services;
  • 5. Caused by your use of the Service after we advised you to modify your use of the Service, if you did not modify your use as advised;
  • 6/ During or with respect to preview, pre-release, beta or trial versions of the Service(as determined by us);
  • 7. That result from your unauthorized action or lack of action when required, or from your employees, agents, contractors, or vendors, or anyone gaining access to our network by means of your passwords or equipment, or otherwise resulting from your failure to follow appropriate security practices;
  • 8. That result from your failure to adhere to any required configurations, to use supported platforms, follow any policies for acceptable use, or your use of the Service in a manner inconsistent with the features and functionality of the Service (for example, attempts to perform operations that are not supported) or inconsistent with our published guidance;
  • 9. That result from faulty input, instructions, or arguments (for example, requests to access files that do not exist);
  • 10. That result from your attempts to perform operations that exceed prescribed quotas or that resulted from our throttling of suspected abusive behavior;
  • 11. Due to your use of Service features that are outside of associated Support Windows.

Specific Terms

Downtime: Any period of time when the Service is not available as measured in Microsoft's data centers, provided that you access the Service using the methods of access, authentication and tracking methods documented in the Bing Maps Platform SDKs. Downtime does not include scheduled downtime

Monthly Uptime Percentage: The Monthly Uptime Percentage is calculated using the following formula:


    ((Total number of minutes in a month - Downtime) / Total number of minutes in a month) * 100

Downtime is measured as the total number of minutes during the month when the aspects of the Service set forth above are unavailable.

Service Credit
Monthly Uptime Percentage Service Credit
< 99.9% 25%
< 99% 50%
< 95% 100%