Managed Maintenance Solution for Juniper Products

Transcription

1 Statement of Work for Services 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. 1. Scope of Work Managed Maintenance Solution for Juniper Products For those Eligible Juniper Machines specified in the Schedule, IBM will provide Managed Maintenance Solution for Juniper Products (hereinafter referred to as Service or MMS for Juniper Products ) consistent with your selected Service Support Levels as described below. In addition, for Juniper machine code installed on covered Eligible Juniper Machines, IBM will support each major release and version of the Juniper software for the contracted period or until the announced Juniper End of Software Maintenance date, whichever occurs first. IBM requires up to thirty (30) days to implement support on all Eligible Juniper Machines you add to this SOW or relocate while under this SOW. However, IBM will make a commercially reasonable effort to provide support to you sooner if you have a specific Service request. The Schedule will identify the Eligible Juniper Machines by Specified Location, Service Support Levels, and period for which you have contracted this Service. All Eligible Juniper Machines by type at a given Specified Location must be maintained at the same Service Support Level. Eligible Juniper Machines will not be automatically added to your covered inventory and this Service will not automatically renew. You may request to add or continue Service for Eligible Juniper Machines but such will be accomplished by issuance of a new Schedule that will document the new prepaid period and the charges that apply for such. 2. Facilities and Hours of Coverage a. The Services will be performed on-site at your Specified Locations as listed in the Schedule. b. IBM will provide the Service as defined above under this SOW during normal business hours, 8 a.m. to 5 p.m. Monday through Friday in your time zone, except national holidays, unless otherwise specified. In some cases, you may be required to provide access to your Specified Locations outside normal business hours, as mutually agreed between you and IBM. 3. Definitions Advance Replacement shipment of replacement FRU(s) in advance of receipt of failed/defective FRU(s). Customer Support Center (CSC) Juniper Networks web-based support available at the URL: that provides customer access to a database of Software releases, technical tools, frequently asked questions, documentation, technical notes, product information, bug reporting and resolution. Field Replacement Unit (FRU) any component or sub assembly of an item or unit of Hardware that can reasonably be replaced at your location. FRU(s) may also be subject to size and weight limitations. Four- Hour Response - (i) for Advance Replacement Service, the four (4) hour time period commencing upon IBM s problem diagnosis and determination that a FRU is required and ending when the FRU is delivered on-site at your Specified Location(s); and (ii) for On-Site Service, means the four (4) hour time period commencing upon IBM s problem diagnosis and determination that remedial On-Site Service is required and ending when IBM s personnel arrive on-site at your Specified Location(s). Hardware those Eligible Juniper Machines that you currently have covered under this SOW. Local Time local time Monday through Friday (excluding our observed holidays). Page 1 of 5

2 Remedial Hardware Maintenance diagnosis and on-site replacement of Hardware components with FRU(s). Software supported releases of those Juniper software programs which are installed on the Hardware and for which you maintain a current valid paid license. Specified Location(s) location(s) expressly designated by you and listed on the Schedule for the performance of Service within the scope of this SOW. 4. Service Support Levels IBM will use commercially reasonable efforts to provide you with the Service Support Levels you select. At your request, IBM will inform you about some elements of this Service that are subject to geographic and weight restrictions depending upon your location. You can check to see where a specific level of Service is available by contacting your IBM representative. Applicable Service Support Levels for each Eligible Juniper Machine will be identified in the Schedule. 4.1 Advance Replacement Services: a. MMS for Juniper Products 9x5 Next Business Day: Advance Replacement to arrive on the next business day provided that IBM s determination of Hardware failure has been made before 3:00 p.m. Local Time. If you make a request after 3:00 p.m. Local Time, Juniper will ship the Advance Replacement the next business day. b. MMS for Juniper Products 7x24x4: Advance Replacement on a Four-Hour Response basis after initial problem determination twenty four (24) hours per day, seven (7) days per week including observed holidays to sites located within 100 miles of an authorized Juniper Networks parts depot. 4.2 On-Site Services: a. MMS for Juniper Products on-site 9x5 Next Business Day: Next-business-day Remedial Hardware Maintenance, together with parts, labor and materials, by 5:00 p.m. Local Time provided IBM s determination that on-site Service is required has been made before 3:00 p.m. Local Time the prior day (otherwise, second business day will be provided for calls placed after 3:00 p.m. Local Time). b. MMS for Juniper Products on-site 24x7x4: 5. Services (1) Four Hour Response for Remedial Hardware Maintenance twenty four (24) hours per day, seven (7) days per week including observed holidays, together with parts, labor and materials. Note: IBM will use commercially reasonable efforts to provide you with the Service support level you select. Some elements of the Service are subject to geographic and weight restrictions depending upon your location. You can check to see where a specific level of Service is available by contacting your IBM representative. (2) FRUs will be shipped using Juniper preferred carriers, freight prepaid by Juniper. Advance Replacement(s) that will be provided to you will be either new or equivalent to new. Advance Replacement and On-Site Services are not available for certain consumables (for example, cables, power cords and mounting hardware) to be specified by IBM at your request. 5.1 IBM Responsibilities For those Eligible Juniper Machines IBM will: a. perform initial problem determination remotely via the IBM Remote Support Center (RSC) for every Hardware and Software Service request; b. for On-Site Service Support Levels, dispatch a Service technician if, at IBM s sole determination, on-site support is required for a Hardware problem; Page 2 of 5

3 c. for Advanced Replacement Service levels, whenever IBM determines that a failed Hardware component or chassis is required, ship a replacement to you, at your Specified Location(s) for installation by you; d. assist in providing work-around solutions to reported Software problems, or work with Juniper to implement a patch to newly reported problems; e. provide you with available Software updates on supported Software when the updates are available and you request them from IBM. Software updates and any supporting documentation will be made available from the Juniper.com Software Center ( or on physical media such as CDROM. Applicable supporting documentation, if available, is limited to one copy per Software release. You can, however, purchase additional copies from Juniper; f. authorize you for access to the RSC which is available 24 hours per day, 7 days per week to assist with your Hardware troubleshooting issues and access to Juniper.com; g. Authorize you for online access to the CSC at the following web address: ( CSC provides you with technical and general information on Juniper Hardware and Software, and solutions to known Software problems. Access restrictions may apply. 5.2 Your Responsibilities You Agree to: a. contact IBM first for all Service requests covered by this SOW; b. follow all Juniper and IBM provided guidelines (such as operators manuals and call placement procedures) pertaining to operator responsibilities, maintenance procedures, and supplies prior to placing a Service request; c. upon request, provide IBM temporary access to your Hardware via modem or the Internet for remote problem diagnosis and correction. You are responsible for supplying the modem and telephone lines required at your facility and providing IBM temporary user access to the Hardware while under your control. You remain responsible for the security of your information. You agree to maintain procedures for reconstruction of lost or altered files, data, and programs; d. for Advance Replacement Service levels, perform all on-site activities to remove and replace a failed component or chassis for which a replacement has been sent to you by IBM to resolve a reported Hardware problem. In addition, you agree to repackage the failed component or chassis in the same container the advance exchange replacement arrived in, carefully following the enclosed IBM return material authorization packaging instructions. You will be responsible to pay the then current list price, indicated on the IBM Web site, for any failed part that is not returned to IBM (or in transit to IBM with proof of return shipment on file) within thirty (30) days from the delivery of the replacement to your Specified Location(s); e. upgrade to the most current Software level which contains corrective code to correct a reported Software problem or if needed to assist with problem determination; f. provide IBM with one month's written notice for moves, deletions or additions of Hardware. You also agree to notify IBM of any modification to the Hardware or Software configuration, including upgrades or changes to FRUs not in the original configuration, within thirty (30) days of such modification. Failure to update this information may result in a lower level of service until the update is submitted and processed, and additional charges may apply; g. when requested, provide a list of all your personnel that you have authorized to use IBM and Juniper resources under this Service. You are responsible to maintain your list and adding or removing personnel as necessary; h. maintain a backup of the configuration that can be used to restore a Machine; i. provide to IBM the following information for each Juniper Eligible Machine covered by this Service:; (1) license key or serial number; (2) configuration; (3) installation address; and (4) location contact person at each specified location when necessary. Page 3 of 5

4 You must provide the above Juniper Eligible Machine information to IBM in the purchase order for each Juniper Eligible Machine. j. 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; k. 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; l. 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 In addition, for On-Site Services In addition to the responsibilities above, you agree to: Page 4 of 5

5 a. provide an appropriate work environment and reasonable access including working space with heat, light, ventilation, electric current and outlets, and local telephone extension in proximity to the Hardware for the use of Service personnel, at no charge to IBM; b. back-up Software images and configurations on a regular basis and provide those images and configurations to Service personnel in connection with Remedial Hardware Maintenance; c. ensure all Hardware is installed below ten (10) feet. For Hardware installed above four (4) feet, provide ladders that reach the height of the Hardware; d. provide Telnet File Transfer Protocol (TFTP) capabilities or Internet access for the purpose of downloading Software images by Service personnel; and e. provide safety and security protection for Service personnel when they must work at your unmanned sites at no charge to IBM IBM s Service Support does not cover: a. performing Hardware or Software installation, configuration, or customization; b. any Hardware and/or memory upgrade required to run new or updated Software; c. service of features, parts, devices, or software not supplied by either Juniper or IBM; d. furnishing accessories and supply items or replacing expendable parts (such as cables, power cords, and rack mounting kits, etc); e. service of Hardware damaged by misuse, accident, modification, unsuitable physical or operating environment, or improper maintenance by you; f. service of Hardware used other than as specified in applicable Juniper-supplied documentation; g. service of Hardware with removed or altered machine or parts identification labels; h. failures caused by a product for which IBM is not responsible; i. service of Hardware alterations; j. electrical or site work external to the Hardware; k. service of Hardware that is installed outdoors or that is installed indoors but requires special equipment to perform such service (e.g. hoist, harness, ladder in excess of 8 feet); l. pre-assembly of FRUs shipped to you under an Advance Replacement Service level; or m. Advance Replacement Service at any unmanned site where your representative is unavailable to receive the FRU. 5.3 Hardware Safety and Serviceability Requirements Hardware must meet IBM s safety and serviceability requirements. IBM reserves the right to inspect Hardware within one month from the start of Service. If the Hardware is not in an acceptable condition for Service, IBM will notify you and you may either 1) have the Hardware restored for a separate charge or 2) terminate coverage and pay IBM for inspection and Service charges incurred on your behalf. 6. Renewal Termination Upon written notice, IBM may terminate coverage for Juniper products due to lack of Juniper technical support or available repair parts in which case a prorated credit for any coverage not used will be provided to you. 7. Contract Period This SOW shall be valid for the contract period term identified in the Schedule. Page 5 of 5