Enterprise Availability Management

Transcription

1 Statement of Work Enterprise Availability Management This Statement of Work ( SOW ) is between the Customer (also called you and your ) and the IBM legal entity referenced below ( IBM ). This SOW is subject to the terms of the ServiceSuite SOW and the agreements referenced above.the IBM Enterprise Availability Management service (Service) requires that an IBM Hardware Maintenance and IBM Software Maintenance contract be in place during the duration of this Service. 1. Scope of Work The IBM Enterprise Availability Management (EAM) Service provides a point of focus and management for all availability issues relating to I/T services, components and resources, helping to ensure that availability targets in all areas are measured and achieved by you, and that they meet or exceed the current and future agreed to needs of the business in a cost-effective manner. 2. Service Level Support a. The service will be supported on-site at your location as specified in the associated Schedule or similar documented off-site locations or at IBM location(s). b. An assigned Client Availability Leader (CAL) or an IBM Representative will be available during Prime Shift, which is IBM s local business hours from 8 a.m. to 5 p.m., Monday to Friday, except on national public holidays, unless otherwise specified. In some cases, you may be required to provide access to your locations outside normal business hours, as mutually agreed between you and IBM. c. When the Client Availability Leader is unavailable due to vacation, sickness or training, a CAL substitute will be appointed. 3. IBM Services Description As part of the IBM Enterprise Availability Management service IBM will provide a CAL who will provide a proactive approach assisting you to improve your I/T availability. The CAL will work with your company s executives and technical decision makers to attain high levels of system availability and stability in their I/T business processes. The CAL will assist you in recognizing and acting upon trends through analysis and review of incident and Problem Management Records (PMRs). The CAL will assist in periodic reviews of I/T service deployment, change control and systems management processes. The CAL will assist you to develop collaboration between you, the IBM delivery team, non-ibm product vendors, and subcontractor organizations. The CAL will provide advice for your IBM Eligible Products, those hardware, software, and middleware products that are maintained by IBM. IBM Eligible Products may differ by country and/or non-ibm eligible machines maintained by IBM. Eligible machine and products will be specified in a supported products list. IBM reserves the right to modify at regular intervals the machines and programs that are listed in the supported product list. This may result in additions to and/or deletions of your eligible machines and/or programs. The Client Availability Leader is your primary IBM contact of the IBM Enterprise Availability Management offering. Within two weeks of the date this Statement of Work is signed, IBM will appoint the CAL. The CAL supports service delivery quality and is responsible for tracking and reporting your service level agreements/objectives (SLAs/SLO s) that may be in place for any existing IBM maintenance contracts. Depending on your requirements, company size and complexity of I/T infrastructure, the coverage of services can de differentiated by the three services modules described below in section 5 of this SOW. Page 1 of 7

2 4. Contract and Service Framework 4.1 ITIL V3 alignment The IBM Enterprise Availability Management (as described in this SOW) is aligned to the ITIL V3, the most widely accepted approach to IT service management which provides a cohesive set of best practices, drawn from the International public and private sectors disciplines of Service Management. The detailed scope and services of IBM for each ITIL V3 area is described in section 5.4 of this SOW. Note: The ITIL V3 area Service Strategy is not contained in the IBM Enterprise Availability Management service. 5. Selectable Services Modules 5.1 On Request The CAL will provide support to you in case of a major incident or other critical situation (Severity Level 1). This includes the tasks mentioned below under Service Module Continual Service Improvement and Service Operation. 5.2 Continuous Presence In addition to the services mentioned in the On Request module the CAL will provide support to you within change management. This includes the tasks mentioned below under Service Transition. 5.3 Deep Engagement In addition to the services mentioned in the On Request and Continuous Presence modules the CAL will provide support to you in the tasks described under Service Design. 5.4 Services for Selectable Services Modules Continual Service Improvement The CAL will support you by applying the following 7-Step Improvement Process: (1) defining what should be measured (quality metrics); (2) defining what can be measured (KPIs, which are key performance indicators that define a set of values used to measure against; (3) on a mutually agreed frequency, the CAL will perform data (*) gathering; (4) data (*) processing; (5) data (*) analysis; (6) data (*) presentation; and (7) implementation of recommended corrective action by considering the following: (a) (b) (c) (d) (e) problem and incident reports; error logs; benchmarks of Customer segments (IBM maintenance related data); support of requests to improve Customers situation; and managing Customer satisfaction (Set/Met Meetings). * IBM maintenance related data Service Operation The CAL will assist you with: (1) major changes and problem management processes (critical systems only); (2) acting as IBM s 1st management escalation contact in case of critical incidents (out of line management / critical situations) and alert notification towards IBM executives, which may include involvement of special alerting systems for mission critical systems and/or sub-systems and/or SMS Alerts and/or special telephone numbers; (3) remote or onsite support of crisis (critical situations) calls/meetings by involving IBM specialists, and /or critical situations managers (Severity 1 situations); (4) providing overall leadership and direction to the IBM delivery team; (5) coordination of the right IBM specialists for Problem Determination / Problem Source Identification (PD/PSI); (6) service delivery quality; Page 2 of 7

3 (7) service delivery to contract performance standards and commitments; (8) driving action plans, promoting recovery and root cause analysis; and (9) communicating and addressing complaints of the Customer Service Transition The CAL will assist you with: Service Design (1) service asset and configuration management related to the Hardware and Software maintenance contract inventory; (2) service transition e.g. coordinate test / installation management / test / installation plan (Critical, and Major Changes, those changes affecting some or a large group of users only); (3) release and deployment management (Critical and Major Changes only); (4) negotiation and planning of maintenance slots/cycles; (5) advice on EOS (End of Service) / EOL (End of Life); (6) participation in changes meetings in order to advice on impacts and recommendations; and (7) conformity of the change / issue management process. The CAL will assist you in: (1) designing measurement methods and metrics in order to track progress and success using KPIs, based on IBM maintenance related data, available incident and problem management data; (2) understanding of the business processes interdependencies (processes standards, IT architectures, frameworks, critical systems and documents); (3) providing recommendations for areas of potential IBM maintenance contract changes and service improvements (e.g. committed services with a defined fix time objective) to meet service level requirements; (4) analyzing and recommending critical skills and capabilities in regard to IT service processes; (5) setting up a communication plan, a communication matrix, Client Support Plan (CSP) (a document that provides team contacts, procedures, internal support contacts, support URL s, phone numbers and escalation procedures) service plan in order to ensure availability; (6) how to best interface with IBM Support Center(s), electronic support/etools e.g. Inventory Collection Appliance, Electronic Service Agent (ESA) and technical support web sites; (7) providing recommendations for HIPER notifications internal GTS Info alerts, advice on APARs and PTF Red Alerts from my notification tool; and (8) providing proactive coordination of on-site and remote diagnostic actions in regard the IT infrastructure and triggered by business process needs. 6. General Customer Responsibilities Customer will: a. designate your Client Executive, CIO / CTO (Chief Information Officer / Chief Technical Officer), responsible for availability of IBM Systems to act as the primary interface for the Client Availability Leader. You may change the executive at any time upon written notice to IBM. By naming such executive you represent that such person(s) have the authority to act on your behalf for all aspects of this Statement of Work; b. arrange the location, facilities, communication, and participation for the regular meetings as required by your availability management process; c. provide relevant and appropriate information, or access to that information, as required by the CAL to satisfy the responsibilities in a and b above; d. setup and support the available electronic support capabilities of the IBM systems which may include and are not limited to the following: (1) call home for problem reporting, inventory transmission, and sending problem determination information; (2) active fix management to keep the system current; and (3) enable remote support center personnel access for problem determination; Page 3 of 7

4 e. advise the CAL on a timely basis of changes in organization or configuration that affect the environment and ability of the CAL to fulfill his/her responsibilities. The changes may include and are not limited to the following: (1) assignment of a new executive in your organization; (2) changes in any other key personnel; (3) changes in operating systems, middleware, data management software, network management software, systems management software and hardware; (4) critical business events or schedules that require maximum availability of IBM Systems (e.g. quarter-end or year-end financial reporting); (5) escalation paths within your organization; f. reimburse travel expenses of the Client Availability Leader caused by onsite visits at non agreed to times and/ or locations (based on the IBM country rates and guidelines). 7. Deliverable Materials The deliverable Materials, identified as Type II Materials are: a. CSP (including governance structure, collaboration definition, Customer specific processes and platforms, actual and prospective service activities; b. periodic KPI measurement presentations; c. Meeting Minutes of regular meetings with Customers to discuss planned IBM service activities; d. presentation for any availability management workshop; and e. periodic presentation of the Technical Support Appliance (TSA) tool results (if a TSA is installed by IBM). 8. Optional Module - 7/24 Availability Management 8.1 Scope of Work Under this Module, IBM will appoint a shared Client Availability Management (CAM) Team who will provide assistance to Customer during the off-shift period and will provide support in connection with the content of the selected base module for major incidents and other critical situations (Severity 1) initiated by Customer. The CAM Team manages the critical situations from a remote location IBM will provide the handling of severity 1 incidents for IBM Hardware, IBM Operating Systems, IBM Software and non-ibm Systems, which are already covered with a 7x24 service and located in your local geography. Initial service implementation will be finalized within one month after contract signature. Availability management during the set-up period will be available on a commercially reasonable basis. 8.2 IBM Responsibilities IBM will: a. after receipt of a service request from you, IBM will call you back within 30 minutes. Support may be provided in English; b. assemble and educate a Client Availability Management Team in order to enable the 24 x 7 availability of one team member during the contract duration; c. establish availability guidance including required documentation (e.g. escalation matrix or Client Support Plan); d. during the off-shift period, the Client Availability Management Team will perform the following tasks: (1) collect information about open issues and tasks before starting the duty; (2) perform situation assessment and initiate immediate actions to support problem solving; (3) act as an end-to-end problem handling owner for covered infrastructure until critical situation is resolved; (4) lead and control the technical IBM resources involved in the problem solving; (5) manage required technical and management escalations within IBM based on processes and timelines as defined in the pre-requisite contracts; (6) establish continuous communication within Customer and IBM in order to support common level of information; and (7) report issues to Customer during the off-shift period. Page 4 of 7

5 8.3 General Customer Responsibilities Customer will: 1. establish a duty manager and provide named entitled callers permitted to communicate with BM on EAM 7x24 Availability Management service; 2. during Severity 1 incidents, provide continuous updates to the Client Availability Management Team on your systems environment, critical infrastructure mainframe services, critical applications and their related service levels and contact information; 3. follow the process and procedures for critical incidents as agreed upon between IBM and you during initial service implementation and inform IBM about special projects and actions which may cause a critical situation. 4. agree that IBM may process the business contact information of Your employees and contractors and information about You as a legal entity (contact information) in connection with IBM Products and Services or in furtherance of IBM s business relationship with You. This contact information can be stored, disclosed internally and processed by International Business Machines Corporation and its subsidiaries, Business Partners and subcontractors wherever they do business, solely for the purpose described above provided that these companies comply with applicable data privacy laws related to this processing. Where required by applicable law, You have notified and obtained the consent of the individuals whose contact information may be stored, disclosed internally and processed and will forward their requests to access, update, correct or delete their contact information to IBM who will then comply with those requests. 5. be responsible as sole Data Controller for complying with all applicable data protection or similar laws such as EU Directive 95/46/EC and laws implementing that Directive that regulate the Processing of any Personal Data and special categories of data that are provided by or through You to IBM as such terms are defined in that Directive. You are solely responsible for determining the purposes and means of processing Customer Personal Data by IBM under this SOW and the Agreement, including that such processing according to Your instructions will not place IBM in breach of applicable data protection laws. Prior to processing, You will inform IBM about any special categories of data contained within Customer Personal Data and any restrictions or special requirements in the processing of such special categories of data, including any cross border transfer restrictions. You are responsible for ensuring that the Services as described in this SOW and the Agreement meet such restrictions or special requirements. IBM will follow Your reasonable data processing instructions and only process Customer Personal Data in a manner which is reasonably necessary to provide the Services and only for that purpose. IBM will apply the security measures as set forth in this SOW and the Agreement or as notified to IBM in writing in advance. You are responsible for determining that these measures provide an appropriate level of protection. On termination or expiry of this SOW or the Agreement, IBM will destroy or return to You all Customer Personal Data. If You or a Customer Data Controller is required by applicable data protection laws to provide information about or access to Customer Personal Data to an individual or to the relevant authority, IBM will reasonably cooperate with You in providing such information or access; 6. agree that when IBM reasonably determines it is useful in its provision of the Services, IBM may transfer Your data, including Personal Data, across a country border, to the entities and countries listed in this SOW or the Agreement or previously notified to You. Such transfer may be made to a country outside the European Economic Area (EEA) or to a country that has not been declared by the European Commission to provide an adequate level of data protection (a Third Country ) provided that You have had an opportunity to obtain any mandatory approvals. IBM shall reasonably cooperate with You to meet its legal requirements, including mandatory legal approvals. On this basis You consent to the Services being provided by these entities in these countries and is solely responsible for determining that any transfer of Your data, including Personal Data, across a country border under this SOW and the Agreement complies with the applicable data protection laws. If a transfer is to a Third Country, IBM collaboration may include the execution of one or more processing agreements that contain the EU standard contractual clauses for the transfer of personal data to data processors established in third countries in accordance with Decision 2010/87/EU or any European Commission approved replacement (a Transfer Agreement ). IBM or IBM affiliates would be a Data Importer and You or Your affiliates would be a Data Exporter as defined in a Transfer Agreement. Any disputes or liability arising from any Transfer Agreement, even if executed by affiliates of parties to this SOW and the Agreement, will be treated as if the dispute or liability arose between those parties under the terms of this SOW and the Agreement. 9. Optional Module - New Product Introduction (NPI) 9.1 Scope of Work IBM will provide the service described in this module to the Customer for IBM Hardware (HW) products. Page 5 of 7

6 IBM will support the Customer with the NPI activities during the planning, configuration and implementation cycle. 9.2 Prerequisites Customer s hardware products are covered by an IBM Hardware Maintenance contract with 7x24 coverage. 9.3 IBM Services Description The Service assists the Customer to plan, migrate and implement new IBM HW supported products. IBM will lead a planning discussion explaining how the NPI service will take place and hold regular status communications with the Customer. The CAL will interact as IBM s single point of contact to the Customer for all NPI activities. On Customer s request, IBM will verify technical configuration of the new IBM hardware supported products, define project plan including timetable and major steps while ensuring the project plan meets the time criteria. IBM will identify prerequisites (hardware and software) for proper interaction and plan mandatory hardware configurations and modifications. IBM will also coordinate and support all activities with interlock between Customer and IBM in identifying and coordinating additional IBM support specialists for additional support (hardware and software) if needed. IBM will also be identifying backup and fallback scenarios, identifying NPI test scenarios, validating NPI completion status and providing acceptance certification. IBM will lead lessons learned session to identify potential improvements and feedback from previous implementation of lessons learned. IBM will recommend the phase out of old products and meet service level agreements. 9.4 General Customer Responsibilities The Customer will designate a qualified counterpart to interact with the CAL for the NPI activities and request IBM assistance in a timely manner for the new product introduction. The Customer will provide a list of new products to be introduced in the Customer s IT environment and continuously update the CAL on Customers systems environment, critical infrastructure mainframe services, critical applications and their related service levels. 9.5 Service Exclusion IBM will not take over any responsibility for proper interaction of non-ibm HW or non-ibm SW products. Prerequisite planning, dependency testing and implementation of potential modification for non-ibm HW or non-ibm SW will be done by the Customer. The Service does not include any advice or recommendation for all dependencies and does not include implementation of any microcode or release changes. 9.6 Duration IBM will provide all described NPI service activities inside normal business hours for up to 5 days a year. For complex NPI activities, the Customer will have to select the NPI module several times. 10. Optional Module - Extended IT Service Management (ESM) 10.1 Scope of Work The Extended IT Service Management (ESM) optional module contains project based deliverables with focus on implementing and changing service management activities. These activities will be defined together with the Customer and the CAL within the base EAM contract Prerequisite Customer s HW products are covered by an IBM HW Maintenance contract with 7x24 coverage. ESM Module Options - the Customer and IBM will have defined the final content of the ESM module prior to the start of the Service. Examples of options the Customer may select, but not limited to: a. identifying actionable service quality improvements that enable desired business outcomes within budget constraints (i.e. service delivery consolidation and supplier management); b. recommending ways to reduce operational costs and prioritize service management investments to support higher-value outcomes (i.e. adopting Service Level Agreement (SLA) management); c. reducing the overall cost of service delivery and lower total cost of ownership; d. supporting the Customer during the stage of adopting and applying service management strategy to align IT with business objectives using IBM best practices and experience; e. supporting implementing the 7-step improvement process to better manage IT services throughout their lifecycles f. enablement of eservice readiness for available platforms (e.g. supporting implementation of IBM Technical Support Appliance); Page 6 of 7

7 g. managing non-ibm product environment (the CAL will attend the change advisory boards and Customer/vendor workshops to improve availability and apply to existing service management strategy); h. developing and customizing KPI s and reporting requirements which ensure measurement of application availability to support the mutually agreed to business goals; i. organizing regular meetings and presentations about service management and support innovations; and j. developing a Customer emergency plan with a clear step-by-step advice on how to progress during an event of emergency General Customer Responsibilities The Customer will designate a qualified counterpart to interact with the CAL for the time of the ESM activities and in agreement with IBM, the Customer will define the final content of the ESM activity. The Customer will request IBM assistance in a timely manner for the ESM activity and continuously update the CAL on Customer s systems environment, critical infrastructure mainframe services, critical applications and their related service levels Duration IBM will provide all described service activities inside normal business hours for up to 5 days a year. For time consuming ESM activities, the Customer will have to select the ESM module several times Exclusion The development of an appropriate I/T Service Management Strategy is not part of the Extended IT Service Management option. 11. Charges The charges for the selected services are detailed in a Transaction Document, called the Schedule. If the support in place is not utilized, there will be no refunds issued. 12. Other Terms and Conditions IBM may engage subcontractors to provide or assist in providing the Service, in which case IBM remains responsible for the fulfillment of its obligations under this SOW and for the performance of the services. The service definition for the offering modules are based on average figures. The EAM effort per year is varying and depends on Customer specifics, critical situations and I/T infrastructure complexity. The IBM effort for the Client Availability Leader engagement based on this statement of work is limited for the following modules to the maximum of On Request: 50 days per contract year Continuous Presence: 150 days per contract year Deep Engagement: 250 days per contract year 13. Termination This Service may be terminated at the end of each contractual year with a minimum of 3 months written notice prior to the end of the contract year. Page 7 of 7