IBM Managed Maintenance Solutions for Cisco Products - Acquired from an IBM Business Partner -

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1 IBM Deutschland GmbH Statement of Work IBM Managed Maintenance Solutions for Cisco Products - Acquired from an IBM Business Partner - Version: February Subject The subject of the service is the hardware maintenance service for Cisco products. Besides repair/replacement of a defective component, it includes a microcode service for Cisco IOS software and access to Cisco databases. IBM will provide the maintenance service on the basis of the Cisco Gold partnership and within the scope of its Global Service Alliance with Cisco. The services described below will be provided further to the contractual terms and conditions listed on the Order Form. 2. Definitions In this Statement of Work, the following terms have the specified meanings: Customer means the IBM Business Partner's end customer who will acquire the services or products for its own use and not for resale. CCO stands for Cisco Connect Online. This is a Cisco account for accessing reserved content at Cisco TAC stands for Cisco Technical Assistance Centre, the Cisco remote support centre. IOS (Internet Operating System) designates the microcode or firmware of machines of the manufacturer Cisco. Cisco software applications, even if they are installed on Cisco machines, are not defined as IOS and are not supported within the scope of this service. Last Date of Support is the date on which Cisco finally discontinues support of the machines. The Last Date of Support can be found at Maintenance Release stands for a Cisco software version that includes maintenance fixes and, if applicable, additional software functionality. Maintenance releases are identified by the rightmost digit in the software version number [x.x.(x)]. Minor Release stands for a Cisco software version that includes maintenance fixes and additional software functionality. Minor releases are identified by the middle digit in the software version number [x.(x).x]. Major Release stands for a Cisco software version that includes additional software functionality. Major releases are identified by the leftmost digit in the software version number [(x).x.x]. PICA stands for Partner Initiated Customer Access. With the aid of this Cisco access provided by IBM, the Customer is able to equip its own employees with a Cisco CCO user ID under their own responsibility. Response time is the period of time between when the customer s service request is registered in IBM s Call Management System and when the customer is contacted by a qualified representative as a first step of problem determination. Onsite response time is the period between recording of the Customer's service request in the IBM Call Management System and the arrival of an IBM service technician as well as maintenance parts at the location of the eligible machine. Seite 1 von 5

2 3. Scope 3.1. Overview of the Services The following table provides an overview of the available Service Levels. These services will be provided from 07:00am to 06:00pm CET, Monday to Friday (except on national public holidays). Additional Periods of On-Call Service may be agreed. Service Description (*) M1H M2H Onsite Repair at the Customer's Site; targeted response time on site: NBD (Next Business Day) Spare parts delivery to the Customer's Site; targeted spare parts delivery: NBD (Next Business Day) M7P Spare parts delivery to the Customer's Site; targeted spare parts delivery: within four (4) hours M2J Onsite Repair at the Customer's Site; targeted response time on site: four (4) hours M0P Onsite Repair at the Customer's Site: targeted response time on site: two (2) hours SLCs for the Agreed Repair Time (*): see List of Machines (*) Provided it is agreed on the Order Form, the description of the repair time can be found in the IBM Hardware Support Statement of Work Services - extended voluntary manufacturer services and maintenance services with committed service levels included General Services Remote Support for Problem Source Identification Eligible Products Defect Voice support IBM will provide the Customer with telephone assistance for determining whether a problem reported by the Customer is machine or program related. If necessary IBM will involve Cisco TAC in the event of complex problems. IBM will assist the Customer in identifying defective software (operating system Cisco IOS) and resolving problems in the software. Furthermore, IBM will assist the Customer in determining defective hardware components and resolving problems in the hardware Software Support for Cisco IOS IBM will authorize the Customer to electronically access the CCO databases. To this end, the Customer will receive from IBM a PICA account through which the Customer can create CCO accounts for the Customer's employee under the Customer's own responsibility. The CCO databases offer the Customer technical and general information on Cisco products, access to Cisco's online software library (e.g. Cisco IOS Maintenance/Minor/Major Releases) and tools for database queries and solutions for known software problems. The Customer (if applicable, with remote assistance from IBM) must download and install software fixes or solutions for working around a problem Access to the Cisco TAC If necessary, IBM will involve the Cisco TAC within the scope of problem resolution. In the event of a priority 1 problems (significant impairment of the Customer's business processes), the Customer can request direct contact with the Cisco TAC. IBM will then arrange a telephone conference between the Customer/Cisco and IBM. In any case, IBM will retain responsibility for processing the problem. The telephone conference will generally be held in English language. Seite 2 von 5

3 IBM Support Products Discontinued by Cisco IBM will continue the service for products discontinued by Cisco ("Last date of Support" exceeded), subject to the following restrictions: There will be no Cisco TAC support Cisco IOS support in compliance with Section (3.2.2) on a limited basis (e.g. only support of the last available release, no further development and no laboratory support). IBM will provide the Customer on request with the "Last date of Support" data. If IBM should no longer be able to provide support for the products, the affected machines will be terminated in compliance with the general termination periods SLC: M1H Onsite Repair on the Next Business Day Response Time Generally IBM will answer the Customer's authorized callers' service requests by telephone within one hour during regular IBM business hours. This answer will either lead to a solution to the reported problem or will serve as the basis for defining additional measures that are needed to solve the problem Onsite Response Time IBM will generally have the services provided onsite by an IBM service specialist on the following business day at the specified location, provided the service request with subsequent problem determination in compliance with Section has arrived or been completed before 3:00 PM CET Onsite Service At the specified location, the IBM service specialist will either repair or replace the defective component in the event of Cisco IOS problems, if necessary install an update of the relevant eligible programs if necessary, load the configuration provided by the Customer verify the program's operation in accordance with the product specifications Defective hardware components will become the property of IBM. IBM will assume the responsibility for returning a defective component SLC: M2H Spare Parts Delivery on the Next Business Day These services will not be provided by an IBM service specialist onsite. The defective component will be sent to the selected location and replaced by the Customer Response Time IBM will answer the Customer's authorized callers' service requests by telephone generally within one hour during regular IBM business hours. This answer will either lead to a solution to the reported problem or will serve as the basis for defining additional measures that are needed to solve the problem. These services will not be provided by an IBM service technician onsite. The defective component will be sent to a selected location and replaced by the Customer. Seite 3 von 5

4 Parts Delivery Service IBM will generally have the required spare part delivered to the selected location by the next working day provided the service request with subsequent problem determination in compliance with Section has arrived or been completed before 3:00 PM CET. IBM will deliver the required replacement parts to the Customer's specified location. Defective components will become the property of IBM. The Customer must replace the defective component and return it in accordance with the instructions supplied together with the replacement part. The Customer will be invoiced for the component concerned if it has not been received at the specified logistics centre within ten days SLC: M7P Spare Parts Delivery within Four (4) Hours The following will apply in addition to the services provided under SLC M2H: The spare parts will usually arrive at the selected site within four (4) hours. The response time of four (4) hours will apply within the Agreed Service Times OnsiteSLC: M2J Repair at the Customer's Site within Four (4) Hours The following will apply in addition to the services provided under SLC M1H: The IBM service technician and any necessary spare parts will generally arrive at the selected location within four (4) hours. The response time of four (4) hours will apply within the Agreed Service Times OnsiteSLC: M0P Repair at the Customer's Site within Two (2) Hours The following will apply in addition to the services provided under SLC M1H: The IBM service technician and any necessary spare parts will generally arrive at the selected location within two (2) hours. The response time of two (2) hours will apply within the Agreed Service Times. Onsite services within two (2) hours will only be possible if the chosen location is within a distance of 40 km from the nearest IBM representation. 4. Additional Customer Responsibilities The Customer will update the eligible products to the most up-to-date software level or version if required by IBM to fix a reported problem in connection with an eligible program. 5. Contact Details for Service Requests IBM's current contact details to be used by the Customer in order to inform IBM of any service requests can be found at the following link: Seite 4 von 5

5 6. Termination and Withdrawal IBM may terminate this service in writing with a period of notice of six (6) months if a change in the contractual relationships between IBM and Cisco does not permit continuation. The Service for every machine has a minimum duration of one (1) year and will be renewed automatically for an additional year, unless it is terminated with a period of notice of three (3) months with effect from the end of the respective contract year. An earlier termination, which would reduce the respective contract period, is not permitted. Otherwise, the provisions of the other contractual terms and conditions listed on the Order Form will apply. Regardless of this, the Customer may terminate the service for a machine with three (3) months written notice and with effect from the end of the respective contract year, if the use of a machine within the Customer's enterprise has been permanently and finally discontinued and has not been replaced by any other machine equivalent in terms of the machine type or regarding the function or task of the machine in question. The termination of a service by the Customer will also require that the Customer confirms that the respective machine will be de-installed permanently and/or that a machine will definitely no longer be used within the Customer's enterprise. * * * Seite 5 von 5