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Service Level Agreement

Last Updated April 30, 2018

This Service Level Agreement ("SLA") becomes effective between HERE and the Customer upon signature of the OLP Order Form when referred to in the OLP Order Form and the applicable OLP General Terms and Conditions and, unless otherwise stated, remains valid as long as the OLP Order Form is valid. The SLA states Customer’s sole and exclusive remedy for any failure by HERE to meet the below defined Service commitment.

This SLA outlines the monthly availability of covered HERE Open Location Platform services to Customer as made available by HERE.If HERE fails to meet monthly availability targets set forth in this document, Customer will be eligible to receive Service Credits described below. HERE reserves the right to change the terms of this SLA in accordance with Customer Agreement.

HERE reserves the right to throttle or temporarily restrict usage at its sole discretion in order to maintain the HERE Open Location Platform Service Commitments, for instance, where usage limits are exceeded or in cases of suspected abuse of the HERE Open Location Platform.

The following definitions apply in addition to the definitions in OLP General Terms and Conditions.

Definitions
  • Maintenance

    Maintenance is defined as planned activities carried out by HERE to maintain the functionality of OLP. HERE will use commercially reasonable efforts to coordinate Maintenance to coincide with anticipated periods of lower global usage of OLP. HERE will endeavor to keep OLP fully operational during all Maintenance.

    HERE will use commercially reasonable efforts to provide Maintenance notifications via email or other means, e.g., Support Site, at least five (5) business days before any Maintenance is performed on its systems if the Maintenance is reasonably expected to cause any material degradation or drop in data availability or quality.

  • Operational Test

    Operational Test are calls to OLP that are properly formatted and are used to ensure that the OLP is fully available and operational.

  • Service Credit

    A “Service Credit” is the percentage of applicable monthly service fee, calculated as set forth below, that HERE may credit back to an eligible account.

  • Monthly Uptime Percentage

    "Monthly Uptime Percentage" means, for each calendar month, the number, expressed as a percentage to the second decimal point, of successful Operational Tests divided by the number of total Operational Tests based on HERE production logs, and on commercial grade Web API monitoring tools (e.g. CatchPoint or similar product) deployed by HERE, no greater than 5 minute intervals. HERE reserves its right to amend the monitoring methodology and tools at its sole discretion provided that such a change remains in compliance with the Monthly Uptime Percentage herein defined. Monthly Uptime Percentage measurements exclude downtime resulting directly or indirectly from any SLA Exclusion listed below.

Service commitment
  • The OLP Monthly Uptime Percentage shall be at least 98.5% for the ability for customers to read Data, write Data to Volatile Layer, and perform Pipeline operations, using version 2 or higher of the Pipelines API. In the event that OLP does not meet this service commitment, Customer is eligible to receive service credits per the terms defined in the service credits section below.

Service Credits
  • Service Credits are calculated as a percentage of the total fee paid by Customer for the monthly billing cycle in which the Monthly Uptime Percentage was below 98.5% and in accordance with the schedule below.

    Any Service Credits will be applied only against a future payment due from Customer. Service Credits may not be transferred or applied to any other account. In order to receive Service Credit, Customer must notify HERE by contacting us through the 'My Organization' page on platform.here.com within 30 days from the time customer becomes eligible to receive a Service Credit, and provide server log files showing service unavailability and dates and times of unavailability. The maximum Service Credit that HERE will issue a Customer in a single billing month will not exceed 30% of the amount due by the customer for that month. Service Credits will not entitle customer to any refund or other payment from HERE. Service Credits are customer's sole and exclusive remedy for any unavailability of the HERE Open Location Platform in accordance with the terms of this SLA. F

    or monthly subscriptions, the Service Credit shall apply solely to the fees attributable to the month during which the incident occurred. For annual subscriptions, the Service Credit shall apply to the annual Base Subscription fee divided by 12 plus the fees for additional HERE Credits that have accrued over the course of the current billing period divided by the number of complete calendar months that have passed since the start of the current billing period.

     

    Monthly Uptime Percentage: < 98.5%
    Service Credit Percentage: 10%

    Monthly Uptime Percentage: < 97.0%
    Service Credit Percentage: 20%

    Monthly Uptime Percentage: < 95.0%
    Service Credit Percentage: 30%

Exclusions
  • The SLA does not apply to any:

    1. Services not expressly mentioned above in this SLA as being covered by the service commitment.
    2. Item not defined as part of OLP.
    3. Equipment or functionality, e.g. internet connectivity, which is outside of the sole control of HERE.
    4. Incidents created by Customer error or omission.
    5. Interruption to OLP service resulting from any scheduled Maintenance.
    6. Use of OLP which does not comply with HERE specifications or the Agreement.
    7. Issues with the web API monitoring tools used for Availability calculation (e.g. Keynote, CatchPoint or similar commercially available products).
    8. Force Majeure events, which include but are not limited to events outside the reasonable control of HERE, including fire, flood, earthquake, storm, hurricane or other natural disaster), war, invasion, act of foreign enemies, hostilities (regardless of whether war is declared), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalization, government sanction, blockage, embargo, labor dispute, strike, lockout or interruption or failure of electricity or telephone or internet service; (distributed) denial of service attacks ((D)DoS).