Statement of Work Enhanced Technical Support (ETS)

Transcription

1 Statement of Work Enhanced Technical Support (ETS) Edition August Subject The subject of the IBM Software Support Services - IBM Enhanced Technical Support (ETS) is the provision of the extended support Services described in this Base Statement of Work (hereinafter globally referred to as ETS-Base-SOW ) as well as in the ETS Platform Statement of Work for the individual Operating System Platforms or System Enviornments (hereinafter globally referred to as ETS-Platform-SOW ) for the ETS elibile machines and programs of the relevant support groups (hereinafter referred to as Services ). The contract relevant support groups are listed in the Service List of the Order Form. The Services described below will be provided to the provisions of other applicable conditions specified in the contract. If there are any conflicts between the conditions in this ETS-Base-SOW, the conditions in the ETS-Platform-SOWs and all other conditions in this document, the following order of precedence applies: ETS-Platform-SOW; ETS-Base-SOW; all other conditions in this document. The ETS Service includes proactive assistance, faster reaction times and an integrated support, which will be provided by a Remote Account Advocate Team (raat). 1.1 Supported Machines and Programs Supported machines and programs are the machines and programs contained in the machine list and/or Service list for the support groups selected for this Service description. A detailed list of the machines and programs per support group (hereinafter also globally referred to as Supported Products List ) can be found under the following Internet address: IBM retains the right to modify the list of machines and programs covered by the suport groups at regular intervals, i.e. to add or remove machines and programs. This will result in corresponding changes in the support for the eligible machines and/or programs installed at the Customer. 1.2 Additional agreements Programs which are covered by a valid IBM Passport Advantage (IPLA) or Software Maintenance contract will be supported within the framework of the ETS, as long as they run on an Operating System that is listed in the Service List of the support groups listed in the Order Form. Informix and Rational programs are excluded from this. System p programs (such as e.g. HACMP, PSSP) which are covered by a valid Software Maintenance contract will be supported within the framework of the ETS under the AIX support group. 2. Specific Definitions The following definitions supplement those in the chapter General Definitions from the associated Supplementary Conditions for the Services described in this chapter. Base Support Contracts describes contracts for the following IBM Services, as far as applicable: IBM Software Maintenance; IBM Hardware Maintenance; IBM ServicePac; IBM Subscription and Support; IBM Passport Advantage Subscription and Support. or any equivalent maintenance and support agreements that apply to the eligible machines or eligible programs installed at the Customer. 1

2 Eligible Programs and Machines specifies the programs and machines specified as eligible machines, eligible programs, eligible DASD systems, eligible storage products or eligible network products in the relevant ETS-Platform-SOW. IBM retains the right to modify the list of machines and programs covered by the support groups at regular intervals, i.e. to add or remove machines and programs. This will result in corresponding changes in the support for the eligible machines and/or programs installed at the customer. Direct Attached Storage Device (DASD) specifies a storage system directly connected to a server. Eligible DASD systems specifies the DASD storage systems listed on the Internet under in the relevant support group of the operating system platform and connected to the eligible machines. Eligible Call specifies a Customer Service request processed within the framework of this ETS Service. ETS Status Report specifies a collection of documents containing information concerning the status of reported problems, technical information, recommendations and additional data relevant to the delivery of the Services. Customer Critical Problem specifies a problem with an ETS eligible program or an ETS eligible machine, for which the customer has no known work around, resulting in a critical disruption to the Customer s business operations. Passport Advantage stands for an IBM SW category, licensed by an International Program License Agreement (IPLA). Primary Technical Contact specifies a Customer-side employee to whom IBM may direct general technical information pertaining to these Services. Response Time specifies the elapsed time between a customer service request being registered in IBM s Call Management System and a qualified representative contacting the customer as a first step of problem determination. Prime Shift specifies the local common IBM office hours during which the Services are available (Monday to Friday, 8:00 to 17:00, excluding public holidays). Remote Account Advocate Team (raat) specifies an IBM appointed team of specialists who work together with the Primary Technical Contact to establish and maintain a framework for technical communications for the Services covered by this ETS-Base- SOW and an associated ETS-Platform-SOW. Full Shift means 24 hours a day, seven days a week, including public holidays. Service Provider specifies a non-ibm organization that provides technical support for non-ibm products. Support Group specifies the list of programs and/or machines eligible for a specific ETS Service. The available support groups can be found under the following Internet address: Annual Service Period specifies the period of 12 months which commence upon the effective date of this SOW (as expressly defined as the Effective Date or as the Contract Start Date ) and as specified in the Order Form of the SOW, and any subsequent 12 months period. 3. IBM Responsibilities The following ETS Services will be provided by IBM during Prime Shift, unless expressly stated otherwise. 3.1 Remote Account Advocate Team (raat) The Remote Account Advocate Team will conduct an initial call with the Primary Technical Contact to review the terms applicable to the Services and all associated documents; obtain an overview of the Customer s technical IT environment with regard to the eligible machines and eligible programs to be supported under the Services; understand the current support structure within the Customer organization; understand critical system(s), application(s), key dates and times in the Customer s business environment covered by the Services; and schedule the initial configuration of the applicable tools. perform an initial test of all appropriate electronic connections to the Customer s eligible machines for the provision of remote support as well as of the applicable diagnostic tools; and schedule regular calls with the Primary Technical Contact. The frequency of the calls is specified in the relevant ETS-Platform- SOW, if the relevant support group is specified in the Service list of the Order Form; 2

3 discuss the status of the reported problems as well as a corresponding action plan or recommendations with the Customer s Primary Technical Contact. During these telephone calls, the raat will provide an ETS status report which will include all relevant reports and information, as described in this ETS-Base-SOW and in the relevant ETS-Platform-SOW. In case of a Customer Critical Problem caused by an eligible program or an eligible machine, the raat will coordinate the support activities within IBM. This includes engaging the appropriate support specialists, invoking IBM s predefined escalation guidelines, and informing the Customer continuously of the status until the problem is resolved. 3.2 Committed Response Time For the ETS Eligible Programs, IBM will commit to respond, by telephone, to calls relating to Customer Critical Problem within thirty (30) minutes during Full Shift. For the ETS Eligible Machines, IBM will commit to respond, by telephone, to calls relating to Customer Critical Problem within thirty (30) minutes during the hours of hardware maintenance coverage specified in the machine list of the Order Form or in any applicable Base Support Contracts. For all problems not categorized as Customer Critical Problems, IBM will undertake appropriate effors to call the customer back within 2 hours during Prime Shift. All Customer Critical Problems must be reported by telephone along with details of the affected software component and also the machine type and serial number. A problem will be deemed to not have been reported if this information is not provided. IBM's initial response may result in technical resolution of your problem or it may constitute the basis for determining, where applicable, if and what additional IBM s actions are required. 3.3 Proactive Support The raat will provide service status reports and proactive advices based on informations gathered by IBM electronic tools or from the regular conference calls with the Primary Technical Contact. The details of the service elements available for each product family are defined in the relevant ETS-Platform-SOW. 3.4 Problem isolation at multiple IT environment level IBM will assist the Customer, on a best effort basis, in isolating problems reported by the the customer when they relate to multiple platforms and/or multiple IT environments at the Customer s Specified Locations. If IBM identifies a possible failure on a non-ibm product not supported by IBM, IBM will provide the Customer with all the technical information collected during the problem determination analysis for further customer use when submitting the problem to your Service Provider. Coordination activity with the Service Provider and problem resolution remain the sole responsibility of the Customer in collaboration with the Service Provider. Customer remain responsible for implementing the recommendations provided by your Service Provider. IBM will not be responsible for the solution of the problem on products not covered by Base Support Contracts. 3.5 On-site Software Support for Customer Critical Problems IBM will provide On-site Software Support for Customer Critical Problem as follows: if IBM has detected a Customer Critical Problem relating to an ETS Eligible Program that cannot be remotely analyzed nor resolved in an efficient way, then IBM will investigate the problem by providing on-site support at the Specified Location(s). This on-site support activity will be provided at IBM sole discretion. 4. Your Additional Responsibilities The following Customer obligations supplements those given in the chapter General Customer Obligations from the associated supplementary conditions for the Services described in this chapter. The Customer will ensure that there is a right of use for for all eligible programs for which support is required; ensure that for the duration of the term of this Service, the applicable Base Support Contracts (including the Service times agreed therein) for all products to be covered by the Services, are valid. The applicable Base Support Contracts are defined in the relevant ETS Platform Service description in the chapter Technical requirements. If the Customer cancels one of these Base Support Contracts (or agrees to other Service times), he will immediately inform the raat of this; inform IBM of the name and contact details of the Primary Technical Contact within three working days of the start of the Service provision, who will act as the focal point for the raat for all questions relating to the Services; 3

4 participate in the review calls with the raat or assign a deputy to take his place; and who will have the authority to act on the Customer s behalf in matters regarding the Services covered by this Service description. ensure that the Primary Technical Contact, his deputy and each caller possesses sufficient technical knowledge about the Customer s eligible machines and programs, to ensure an effective communication with the IBM Support Center. A Customer employee with this knowledge must be reachable around the clock (during Full Shift) for Customer Critical Problems; submit the Customer Critical Problems relating to an eligible program by telephone along with details of the affected software components as well as the machine type and serial number for a machine-related Service. A problem will be deemed not having been reported if this information is not provided in its entirety and in due time to IBM; review, on a regular basis, the eligible machine and program list at to determine whether e.g. newly announced products have been added, or machines and/or programs, e.g. at their end of service date, have been removed. Questions concerning such changes can be submitted to the raat; install any tools and perform the actions that the raat recommends to the Customer and which are necessary for the efficient implementation of this Service. Details of these tools will be discussed during the initial review call. Tools supplied by IBM are to be used only for purposes of the execution of the Services; provide an electronic connection for sending data reports to IBM and permit the sending in order to allow the effective use of the service tools referred to in the chapter IBM Electronic Services from the associated Supplementary Conditions. Otherwise, IBM will be released from its obligation to deliver the Services in this connection; take the responsibility for the installation of the IBM recommended microcode, firmware or program corrections. 5. Charges Under this Service description, the chapter Automatic Inventory Management from the associated Supplementary Conditions is not applicable, as far as it is defined there. In addition, the provisions of other applicable conditions specified in the contract will apply. If the customer has acquired the Service from an IBM Business Partner, check with your IBM Business Partner if any change applies to your charge. 6. Claims for Non Compliance with Committed Response Times 6.1 Calculation of Credits If IBM fails to meet the committed response time for an eligible call, the Customer is entitled to claim a credit from IBM equivalent to 4% of IBM s published annual service charge of the relevant support group that covers the eligible machine or eligible program for which the Customer is claiming the credit. The service charge for the relevant support group is available upon request from IBM of from your IBM Business Partner. The Customer is entitled to no more than two (2) claims per ETS support group per Annual Service Period. 6.2 Reports Upon Customer s request, IBM will provide a report in relation to the incident for which the Customer wants to claim for a credit. 6.3 Exclusions Service credits shall not apply for any non-compliance with the committed response times with respect to problem notifications for an eligible machine or an eligible program with causes beyond IBM s control. These include, but are not limited to the following examples lack of availability or untimely response of a Customer employee with sufficient technical knowledge to IBM s response by telephone; and non-eligible calls or missing information (also see chapter Your Additional Responsibilities ); and Denial-of-Service attacks, natural disasters, changes resulting from government, political, or other regulatory actions or court orders, strikes or labor disputes, acts of civil disobedience, acts of war, legal actions against other companies (including network providers and other IBM suppliers), and other force major events. 6.4 Settlement of Credits In order to receive a credit, the Customer must notify IBM no later than fifteen (15) days after the last day of the calendar month in which the Customer believes the committed Service Level for an eligible call has not been met by IBM, or, in case of termination of the Service, prior to the termination date. Failure to notify IBM within this time period will result in the loss of eligibility for the subject credit. 4

5 After investigation of the Customer s claim, IBM will notify the Customer of any credit due, and the Customer is entitled to receive a payment for the related sums. Any credits owed from IBM to the Customer upon the expiration or termination of the Service for the affected support group will be settled within one (1) month following the effective date of the expiration of the Service or termination of the support group. The Customer is entitled to receive a service credit only if the Services have been paid for at the due rates. With the payment or settlement of the amount to the customer, all claims in this respect from this contract are satisfied. 7. Supplementary cancellation provisions The following termination conditions supplements the provisions in the suitable chapter Term and Termination.. from the associated Supplementary Conditions for the Services described in this chapter. IBM retains the right to withdraw support for each support group on the Supported Products List with three months written notice to the Customer. IBM retains the right to withdraw support for support groups for eligible non-ibm programs with three months written notice to the Customer if IBM itself no longer receives the requisite support from its providers. In these cases, the Customer will recieve a credit for the Services paid for in advance but no longer provided. Changes (e.g. additions of new and/or deletions of no longer supported machines and programs) will be updated in the Supported Products List. If an ETS Service is withdrawn by IBM or terminated by IBM or the Customer, the Customer may, as far as the Service was paid for in advance and the paid for period has not yet expired, claim a pro rata credit. This applies to the withdrawal of support for an entire support group, but not to the withdrawal of support for individual machines and programs. In addition, the provisions of other applicable conditions specified in the contract will apply. 5