Solution Support Base Module for SAP HANA on Power Systems (SOW SSS- TS SAP HANA)

Transcription

1 IBM Deutschland GmbH Statement of Work Solution Support Base Module for SAP HANA on Power Systems (SOW SSS- TS SAP HANA) Edition October Subject IBM will provide the Services listed in this Statement of Work Solution Support Services for SAP HANA on Power (SOW SSS TS SAP HANA) (hereafter Services ) for eligible programs included in the support group ETS4 - Linux Power and employed within the framework of SAP HANA on Power as well as eligible machines included in the order form and employed within the framework of SAP HANA Hana on Power, on which the eligible programs are installed. IBM will provide Solution Support Base Module for SAP HANA on Power Systems (Services) for the Eligible Machines and Programs (Eligible Products) specified in the Solution Support Base Module for SAP HANA on Power Systems Schedule (Schedule). Specified Locations for Service are identified on the Schedule. The rst is the skilled team of technical support specialists for SAP HANA on Power. The Remote Support Team (rst) acts as a Single Point of Contact (SPOC) for problem determination, problem source identification, and coordination of resources to achieve technical resolution of Client s problem. Client s Primary Technical Contact (PTC) is the contact to whom IBM will forward general technical information. The Services described below will be provided according to the contract conditions defined in the Order Form. 2. Definition of terms In this Statement of Work, the following terms have the given meaning: Basic Support Contracts are contracts concerning the following Services from IBM, as far as they are applicable: IBM hardware maintenance / IBM repairs, IBM ServicePac, IBM Passport Advantage Subscription and Support or comparable maintenance and support contracts from IBM which apply to the Eligible Machines or Eligible Programs installed at the customer. Customer Critical Problem is a problem connected to an Eligible Program or an Eligible Machine for which the customer knows no workaround and which leads to an interruption of the customer s critical business flows (Severity Level 1). Eligible Calls are customer Service requests to be processed within the framework of this Service. Eligible Machines are machines specified in the Order Form* (Eligible Machines for the SAP HANA on Power Environment). * Any serial numbers not yet listed at the time of contract signature must be made available by the customer in the course of the first discussion with the rst (Chapter 4.1). Eligible Programs are the programs specified in the Support Group ETS4 - Linux Power and employed within the context of SAP HANA on Power. Seite 1 von 9

2 IBM reserves the right to change the list of the programs contained in the Support Groups at regular intervals (by adding new or deleting no longer supported programs). Eligible Requestors are the customer employees who may place Service requests as per this contract. These employees must possess sufficient technical knowledge to enable a problem-oriented and constructive communication between the customer and IBM. IBM Specialist is a person named by IBM who will carry out technical activities within the scope of remote or on-site support as agreed between the Primary Contact Partner for Technical Questions on the customer side and the Remote Solution Team. Installation Site defines a location specified in the Order Form where the eligible machines are/will be installed (customer installation address). Microcode defines the supported microcode, firmware and basic input/output system (BIOS) Service Level (excluding BETA versions). Node defines the logical structure on which the SAP HANA are built. Nodes physically consist of one (server) or two Eligible Machines (server and expansion unit). Order Form specifies the order form itself including its appendices and/or any associated change documents that may be added later. Primary Contact Partner for Technical Questions is an employee on the customer side to whom IBM forwards general technical information related to this Service. Productive HANA Platform defines the productively used part of a memory data platform for realtime analyses or real-time applications (SAP HANA) at the customer. Reaction Time specifies the period between the registration of a customer Service request in the IBM Call Management System and the time a qualified IBM employee contacts the customer to initiate the first steps for identifying the problem. Remote Solution Team (rst) is a team, consisting of IBM named Specialists that, together with the Primary Contact Partner for Technical Questions, specifies the general conditions for the technical communication with respect to this Service and then works together with the Contact Partner. Service Provider describes a company that does not belong to IBM and which provides technical support for non-ibm products. Status Report is a collection of documents containing information about the status of reported problems, technical information, recommendations and other data relevant to the provision of the Services. Support Group describes the list of programs which are eligible for this Service. The available Support Groups can be found under the following Internet address: ibm.com/services/sl/products. Problems can be reported by telephone on the free of charge telephone number round the clock, stating the IBM customer number given above. 3. Technical Requirements The Service requires the following conditions to be fulfilled throughout the entire Service provision period: The Eligible Machines are under guarantee (optional producer service) from IBM or covered by a valid Basis Support Contract. There exists an applicable Basis Support Contract as part of a special agreement for the eligible IBM programs that are licensed through the IBM Passport Advantage License Agreement. There is at least one valid Basic Maintenance contract between SUSE and the customer for the eligible SUSE Linux programs ( SUSE Linux Enterprise Server for SAP Applications for Power and if necessary, SUSE Linux Enterprise Server for Power ). There is at least one valid maintenance contract between Red Hat and the customer for the eligible Red Hat Linux programs ( Red Hat Enterprise Linux for SAP HANA for Power and if necessary RedHat Enterprise Linux Server for Power ). Otherwise, IBM is released from its obligations to provide the Services. Seite 2 von 9

3 4. Service Scope IBM will provide the Services described below during the standard IBM office hours, unless otherwise specified Introduction Welcome Call The rst will, with PTC: 1. schedule and conduct the welcome call by telephone, to: a) review the SOW, and any associated documents; b) obtain an overview of Client's technical information technology (I/T) environment with regard to the Eligible Products, define the critical systems and applications within Client's I/T environment, and discuss Client's existing support structure; c) review the IBM support structure and IBM processes to open and update service requests; 2. define a support plan for proactive services. a) establish a schedule for quarterly remote conference calls to review service delivery and support provided; and b) document the information discussed during the welcome call and deliver one copy of the Welcome Letter to Client s PTC via Account and Client Management The rst will schedule and conduct a quarterly telephone call with PTC to: 1. review information on status of reported problem and related activities; 2. review proactive services performed, recommend available proactive services applicable to Client s supported environment, and review and update Client s plan for proactive services; and 3. document the information discussed above during the quarterly telephone call and deliver one copy of the quarterly call report to Client s PTC, via Integrated Support for Eligible Products and SPOC For Eligible Products, IBM will provide remote support via telephone or electronic means, as follows: 1. respond to questions regarding a) basic, short duration installation, usage and configuration matters; b) patches, drivers or firmware; c) the compatibility and interoperability of Eligible Machines and Programs; d) IBM's Eligible Products publications; and e) code-related errors relating to Eligible IBM Programs; 2. diagnostic information review to assist in isolation of a problem cause (for example, assistance interpreting traces and dumps for installation and code related problems); 3. for known defects of IBM Eligible Products, available corrective service information and program fixes that Client is entitled to receive under the terms of the IBM license; and 4. For Linux Eligible Programs: a) When Client reports a problem with Linux, IBM will provide a primary POC for all support requests. IBM will assist Client by providing remote support to include assistance for installation, usage and configuration questions, and provide general guidance on product documentation. IBM will also assist with isolating the problem cause and provide Client recovery information, if available, from the vendor. For known defects, IBM will provide corrective service information and program fixes, if available and IBM is authorized to provide to Client. If a new (unknown) defect is identified, IBM will report it to the appropriate vendor and notify Client of IBM s actions. At this point IBM support is fulfilled since resolution of defects is the responsibility of the vendor; and b) For Linux support groups, IBM may make available new fixes for supported enterprise releases of the Linux operating system open source components for IBM supported Linux distributions. IBM may make available emergency source code fixes as new defects are reported. IBM is not a Linux distributor and does not distribute patches, maintenance updates or refreshes. Client must receive maintenance updates and refreshes directly from the Linux distributor under the distributor s terms. IBM makes new source code fixes available to the Linux distributor and the open source maintainer for inclusion and distribution as errata Seite 3 von 9

4 updates and patches. IBM will support and maintain these new source code fixes until such time that the Linux distributor or open source maintainer incorporates them or develops an alternate fix and distributes as errata update or patch. At such point, IBM support is fulfilled 4.4. Agreed reaction times IBM will call the customer back within 30 minutes (round the clock) for a customer-critical problem concerning an Eligible Program, and within two hours (during standard IBM business hours) for problems not deemed to be customer-critical. In the case of a problem concerning an Eligible Machine, IBM will call the customer back within 30 minutes (during the relevant IBM service times for hardware maintenance, which are given in an applicable Basic Support Contract) for a customer-critical problem, and within two hours (during standard IBM business hours) for problems not deemed to be customer-critical. All customer-critical problems must be reported by telephone, whereby details of the affected software components as well as machine types and serial numbers must be given. If this information is not provided, the problem is not deemed to have been reported. If the problem cannot be resolved during the first call-back by IBM, it will be determined, on the basis of this telephone call, whether and which further measures are required to produce a technical solution to the problem Standby Support For each contract year, IBM will provide up to two 24-hour instances of remote Standby Support for Eligible Program problems, such as those that are the result of an upgrade to the supported Power Systems Infrastructure for a SAP HANA environment covered under this Service. Each Standby Support period must be planned and agreed between Client and the IBM rst at least three weeks in advance of the planned upgrade. IBM will provide standby contact details to Client at least two days prior to the commencement of the Standby Support period. IBM s support during the Standby Support period will cover issues or questions related to the upgrade but does not include IBM s involvement in the actual installation or upgrade activities. All installation and upgrade activities, including the configuration of the system parameters, are Client s responsibility. IBM will use reasonable efforts to contact Client within a response time equivalent to those listed for Severity 1 prime shift after the receipt of a service request from Client On-site software support for customer-critical problems If a customer-critical problem concerning an Eligible Program cannot be otherwise efficiently analyzed or resolved, IBM will, after consultation with the customer and at its own discretion, follow up the problem at the Installation Site of the Eligible Machine on which the Eligible Program runs Annual development planning In consultation with the customer, IBM will carry out a telephone conference (optionally also possible as an on-site meeting within the limits of the person-day quota) a maximum of once per contract year with the customer in order to plan the further development of the installed SAP HANA environment. The aim is, based on past information about utilization and performance as well as data and project forecasts for planned future requirements supplied by the customer, to enable the extension of the SAP HANA environment in good time and to carry out the resource and contract modifications necessary for this. The time for the telephone conference (or on-site meeting) must be planned at least three weeks in advance and agreed by the customer and IBM. 5. Additional customer responsibilities The customer will: Seite 4 von 9

5 1. Pay all communication fees on the customer side connected with the usage of the Services, as long as nothing else is agreed; 2. Ensure that usage rights for all Eligible Programs for which the support is requested apply; 3. Ensure that, for the duration of the term of the provision of this Service, the applicable Basic Support Contracts (including the Service times agreed therein) for all products that should be covered by the Services, are valid. The applicable Basic Support Contracts are described in chapter 3 Technical Requirements. If the customer terminates one of these Basic Support Contracts (or agrees other Service times), the rst must be informed immediately; 4. Within three working days of the start of the Service provision, give IBM the name of a Primary Contact Partner for Technical Questions who c) Acts as the contact partner for the rst for all questions concerning the Services, d) Takes part in the meetings with the rst or names a deputy who participates in her/his stead and e) Has decision making powers on the customer side for all issues concerning this Statement of Work; 5. Ensure that the Primary Contact Partner for Technical Questions, her/his deputy and each caller has sufficient technical knowledge about the customer s Eligible Programs and Machines for an effective communication with the IBM Support Center. For customer-critical problems, a customer employee with this knowledge must be reachable around the clock; 6. Report customer-critical problems concerning an Eligible Program by phone, stating details of the affected software components as well as machine type and serial number for a machine-related Service. If the information received by IBM is not complete and provided in a timely manner, the problem is not deemed to have been reported; 7. Regularly check the list of Eligible Programs and Machines within the Support Groups under in order to determine whether newly announced products are added or machines and/or programs which, e.g. reach their Service end date, are removed. Questions concerning such changes can be directed to the rst; 8. Install all tools and carry out all measures recommended to the customer by the rst or an IBM Specialist and which are necessary for the efficient implementation of these Services. Details about these tools will be discussed during the first telephone discussion. Tools provided by IBM may only be used for the purposes of Service execution; 9. Provide IBM with an electronic connection for transferring data reports and allow their transfer in order to enable an effective usage of the above-mentioned Service tools. Otherwise, IBM is relieved of its obligation to provide the Services related to this; 10. To use the information received in the course of this Service exclusively for supporting the IT requirements within the customer s company; 11. Ensure that all access codes provided by IBM are used exclusively by the named persons entitled to request the Service; 12. Supply IBM with the necessary and available diagnostic information (including product or system information) connected to problems concerning Eligible Programs and Machines, for which support is requested; 13. Assume responsibility for the appropriate protection of the Eligible Machines and all programs and data stored on them as well as data storage devices and means of payment; 14. Assume responsibility for the installation of the IBM recommended microcode, firmware or program corrections; 15. Take over the organization of the meetings at the Installation Site; 16. Inform the IBM Specialists or rst of all security and fire protection regulations which apply at the Installation Site at which the technical activities or meetings within the scope of this Service take place; 17. Guarantee access to the premises and the hardware as well as to important resources and information for the IBM Specialists or rst, as far as this is necessary for the Service provision; 18. Inform IBM in writing of changes to the SAP HANA on Power installation which affect the license model used within one month of the change. Such changes may lead to a change in the Service fees for this Service. Seite 5 von 9

6 6. Service Fees The fees to be paid by the customer are specified in the Order Form. These are based on the inventory of Eligible Machines, the agreed Services, the agreed contract term and the method of payment chosen by the customer. IBM may modify the fees if an Installation Site is added or changed or an Eligible Machine is added, removed or changed. The same applies to changes related to the type and scope of the Services. For such a change, the fees applicable at the time of the change then apply. If Eligible Machines or Services are added or existing Eligible Machines or Services are extended, the generally valid fees at the time of the addition / extension apply to them for the remaining initial contract term. At the time of the change, these fees will be due pro rata for the initial remaining contract term according to the payment conditions. If the generally applicable fees are reduced, they will be applied from the point in time specified for them. As far as the customer s business requirements necessitate it, the billing may be split according to the customer s wishes by mutual consent. All Service provisions during the standard IBM business hours as well as for customer-critical problems outside of the standard IBM business hours are included in the Service fees in accordance with this Statement of Work. All travel costs associated with activities at the Installation Site are covered by the Service fees in line with this Statement of Work. For the rest, the provisions of the other contract conditions in the Order Form apply. 7. Claims Following Non-compliance with the Agreed Reaction Time 7.1. Calculation of liquidated damages If IBM does not comply with the agreed Reaction Time for an Eligible Call, the customer is entitled to liquidated damages amounting to 4% of the annual Service fee for the following Service components of IBM Solution Support Services - Total Support for SAP HANA (see Order Form): Total Support for SAP HANA on Power Systems base (minus the Service fees for service coins ) Total Support for SAP HANA Nodes The customer may exercise a maximum of two claims during each contract year. With the payment of the liquidated damages, all customer claims arising from non-compliance with agreed Reaction Times are deemed satisfied Reports At the customer s request, IBM will prepare a report on the incident for which the customer is claiming liquidated damages Exemptions No liquidated damages will be awarded for non-compliance with the agreed Reaction Time concerning a problem report for an Eligible Machine or Eligible Program if the cause lies outside of IBM s sphere of influence. The following are examples of this: A customer employee with sufficient technical knowledge could not be reached or did not answer in a timely manner when IBM called back; Non-eligible call or missing information (also see chapter 5 Additional Customer Responsibilities ); Seite 6 von 9

7 Denial-of-Service attacks, natural disasters, changes due to national, political or other official measures or judicial procedures, strikes, war, legal measures against other companies (including network providers and other IBM suppliers) and other force majeure Claim of the liquidated damages In order to make a claim for liquidated damages, the customer must inform IBM at the latest 15 days after the end of the calendar month in which the agreed Service Level for an Eligible Call was, from his point of view, not complied with, or in the case of terminating the Service, prior to the date of the termination. If the customer does not inform IBM within this time frame, he forfeits his claim to liquidated damages. After checking the claim made by the customer, IBM will inform the customer about the liquidated damages owing to him, and the customer is entitled to receive them. All payments to which the customer is entitled at the expiry of the agreed contract term or termination of Services will be settled within one month following the effective date of the expiry of the agreed contract term or the termination. The customer is only entitled to receive liquidated damages when he has paid the Service fees due for the Services. With the payment to the customer or the settlement of the amount, all claims from this agreement concerning this matter are satisfied. 8. Extension, Conclusion, Termination and Withdrawal This Agreement will commence on the Start Date specified on the Order Form and will end when the Term specified on the Order Form has expired. It will be continued thereafter for additional twelve month periods. Either party may terminate this Agreement by giving the other three months' written notice in advance to the end of the agreed to or continued Term. The customer may not terminate the Service normally during the agreed Service duration. IBM may terminate or withdraw the Service or individual services with a notice period of three months by informing the customer in writing if IBM itself no longer receives the requisite support from its providers. The Service fee will be accordingly modified in this respect. If an activity provided by IBM according to this Service is withdrawn or terminated, the customer can demand a credit note if the service has been paid for in advance and the period paid for has not yet expired. This does not apply to the withdrawal of support for individual programs and/or machines. 9. Contact Information The Client agrees that IBM Deutschland GmbH, based at IBM Allee 1, D Ehningen (Germany) (called "IBM Deutschland" in the following) may collect, process and use the Client s contact information for the purpose of the performance of the contractual relationship and for promoting the business relationship with the Client. Business Contact Information is businessrelated contact information that the Client has disclosed to IBM Deutschland, in particular, names, job titles, business addresses, telephone, and fax numbers as well as addresses of Client employees or of third parties. The Client also agrees that such Business Contact Information may be disclosed to the IBM companies and IBM Business Partners and their respective subcontractors or that such contact information may be processed and used by these companies in relation to the intended purposes specified in this paragraph of the present GTCs. IBM companies means the International Business Machines Corporation based in Armonk, New York (USA) and their affiliated group companies. The Client agrees that such Business Contact Information may be transferred to countries outside the European Economic Area in conformity with the intended purposes specified in the two Seite 7 von 9

8 preceding paragraphs, provided that IBM Deutschland will ensure an adequate level of data privacy. Such an adequate level of data privacy may be achieved through the use of standard contractual clauses published by the Commission of the European Union or any other contractual agreement approved by the competent data protection regulatory authority. 10. Data Processing by Order IBM explicitly indicates to the Client that it may be necessary to access the Client's systems from countries outside the EU/EEA (if necessary) for the purpose of the Service provision by IBM. If IBM, or any third party commissioned by IBM, has accessed the Client's systems or other storage media temporarily (e.g. when performing system tests or Maintenance Services), the Client must ensure that the Client's personal data or that of any third party will not be accessed in such a case. The terms of this section will also apply if IBM, or any third party commissioned by IBM, could be able to access the Client's data or the data of any third party otherwise during IBM's Service provision (e.g. if data is transferred by the Client) or in any other cases in which IBM, or any third party commissioned by IBM, processes data by order of the Client (for example, during the disposal of storage media). The Client will inform IBM in writing if it is unable to fulfill this obligation in any particular case. The Parties will conclude an agreement on the processing of Client data by order in this case, if this is required under applicable law. This will be made by agreeing an Attachment to the "IBM Supplementary Terms and Conditions (STCs) for Processing Client Data by Order according to 11 BDSG" ("STCs for Processing Client Data by Order"). These STCs (as amended) can be found on the Internet at or will be provided to the Client by IBM upon request. The terms set out in the section regarding "Subcontractors" of the STCs for Processing Client Data by Order will apply to those cases described in the preceding paragraph. IBM will agree EU Standard Contract Clauses with all Service providers based outside the EU/EEA in these cases, particularly in accordance with the Client's (written) power of authority prescribed therein, if a reasonable level of data privacy cannot be ensured otherwise. IBM's Service Centers A large number of incidents are handled by IBM's Service Centers (called the "Center(s)" in the following). These Centers are based in different countries worldwide. The reserve capacities of these Centers are such that a trouble-free continued operation of the Centers will be ensured, even in the case of a failure of the public power supply network. These Centers are able to manage all calls from Clients in the case of an incident according to different incident categories and to forward such calls according to competence, in order to find a solution to the incident in question in each particular case. The Incident Management Systems (IMS) used at these Centers will support the respective Client requests, according to the Services required by the respective Client and based on given internal processes. Each incident message received by the Centers will be recorded by means of problem tickets that either already exist or in new tickets and they will be tracked up to the respective solution. A response or an escalation will be triggered, as agreed by contract, if necessary, provided that this has been agreed with the Client. The problem ticket systems used at the Centers enable easy identification and tracking of existing tickets or of tickets not yet resolved, where the SLA threshold values defined jointly with the Client will be considered in each particular case. All notifications regarding operational malfunctions concerning the contractually agreed product portfolio will be accepted by specially trained staff members (incident reception), and will be classified, analyzed and resolved immediately, if possible. A knowledge-based system will be used for the analysis of errors. Any unresolved problem tickets, for which the Centers are not responsible, will be recorded, prioritized and forwarded to the lower-tier support functions of IBM, of the Client, or to third parties. All incidents will be processed at a Center in several steps, i.e. 1. the identification whether a contractual relationship with the caller's company exists will be made by means of the product type and the respective serial number of the Machine in question; 2. if an incident (entry of a problem ticket in the IMS system) has been received by a Center for the first time, the caller's contact details and the incident itself will be recorded in the system and will Seite 8 von 9

9 be stored in systems operated worldwide, so that the caller can be identified as quickly as possible if another call is received and all incidents already reported to the respective Center can be tracked, in order to be able to process the incident in question efficiently; 3. the incident message will be processed within IBM's worldwide support infrastructure by the respective staff member in charge of the incident in question; 4. it may be necessary that the responsible staff member requests the Client to transfer specific data, so that an analysis of such data can be made for a comprehensive incident analysis and in order to eliminate the incident in question, or the responsible staff member will access the affected Machine or the Client's infrastructure remotely, after prior consultation with the Client's responsible staff member. The Client must ensure that IBM cannot access any other personal data of the Client when performing an incident analysis and the elimination of the incident. More details can be found in the terms of the "STCs for Processing Client Data by Order". 11. Reports Client will own the copyright in Project Materials that IBM develops for Client under this SOW. Project Materials exclude works of authorship delivered to Client, but not created, under the SOW, and any modifications or enhancements of such works made under the SOW (Existing Works). IBM grants Client an irrevocable (subject to Client s payment obligations), nonexclusive, worldwide license to use, execute, reproduce, display, perform and prepare derivatives of Existing Works. IBM retains an irrevocable, nonexclusive, worldwide, paid-up license to use, execute, reproduce, display, perform, sublicense, distribute, and prepare derivative works of Project Materials. IBM will deliver the following Project Materials. These Project Materials contain IBM Existing Materials: 1. Welcome Letter; 2. Quarterly call report; 3. Health Check Services Reports for the Service Option Attachments selected, and 4. Client Support Plan 12. Miscellaneous If not otherwise stated, IBM guarantees no credits or repayments for Services paid for in advance and not used or for changes undertaken by the customer concerning the Eligible Programs and Machines. For all other current or future support contracts with IBM, the Service scope defined therein applies. A transfer of the Service extensions described here to these contracts is precluded. * * * Seite 9 von 9