Statement of Work for Support Line for Cisco

Transcription

1 Statement of Work for Support Line for Cisco This Statement of Work specifies an optional Service selected by you on the Schedule of a related IBM Service Suite Statement of Work (SOW). This Statement of Work is subject to the terms of the Service Suite SOW and the agreements referenced above. 1. Scope of Work For those Eligible Cisco Programs specified in the Schedule, IBM will provide the Support Line for Cisco (hereinafter referred to as Service or Support Line for Cisco ) consistent with your selected Service support level. IBM is delivering Support Line for Cisco, a collaborative Service for Cisco equipment, which includes IBM Support Line deliverables and Cisco services components. IBM is providing support for your Cisco products as a Cisco Global Gold and Global Service Alliance Partner. IBM may engage Cisco for manufacturer s support to resolve your software problems. In the event you want to contact Cisco as the original product manufacturer, you must contact IBM and IBM will arrange a three-way conversation with you, Cisco and IBM. Under all circumstances, IBM remains responsible for coordinating the call, resolving any issues that you may have and otherwise providing support to you. The Schedule will identify the Eligible Cisco Programs by product number, Specified Location, Service support level, and period for which you have contracted this Service. All Eligible Cisco Program licenses and configurations at a given Specified Location must be maintained at the same Service support level. This Service will not automatically renew. Once a coverage period expires, you may request to continue the Service for those Eligible Cisco Programs but such will be accomplished by issuance of a new Schedule which will document the new coverage period and its associated charges. The list of Eligible Cisco programs will change periodically to reflect additions of new programs or program releases at their end-of-life date. The latest list will be available at the website: IBM will provide Services under this SOW during normal business hours, 8 a.m. to 5 p.m. Monday through Friday, except national holidays, unless otherwise specified. The Services will be performed remotely unless otherwise specified. The specifics of your Service are as identified in the Schedule. 2. Service Definitions Eligible Cisco Program(s) are those software programs eligible for this Service as identified at IBM s Internet address: Software Application Support ( CBAS ) is the voice and electronic support for all covered Eligible Cisco Programs including Maintenance Releases and Minor Releases. Software Application Support plus Upgrades ( CBAU ) is CBAS support plus Major Releases for all covered Eligible Cisco Programs. Maintenance Release is an incremental release of an Eligible Cisco Program that provides one or more maintenance fixes and may provide additional software features. Maintenance Releases are designated by Cisco as a change in the digit(s) to the right of the tenths digit of the version number [x.x.(x)] or to the right of the hundredths digit of the version number [x.x.x.(x)]. Page 1 / 5

2 Major Release is a release of an Eligible Cisco Program that provides additional software features is designated by Cisco as a change in the ones digit of the version number [(x).x.x]. Minor Release is an incremental release of an Eligible Cisco Program that provides maintenance fixes and additional Software features. Minor releases are designated by Cisco as a change in the tenths digit(s) of the version number [x.(x.).x]. Off Shift is all hours outside of Prime Shift. Prime Shift is from 8:00 a.m. to 5:00 p.m. in your local time zone where you receive the Service, Monday through Friday (excluding holidays). Third Party Products is the third party hardware and software products, and all upgrades thereto, that are required for a) the operation of Eligible Cisco Programs in conformance with the applicable Eligible Cisco Program documentation; and b) IBM s support of the Eligible Cisco Programs under this Service. Severity Level Definitions Severity 1: Critical business impact, this indicates you are unable to use the program resulting in a critical impact on operations. This condition requires an immediate solution. Severity 2: Significant business impact, this indicates the program is usable but is severely limited. Severity 3: Some business impact, this indicates the program is usable with less significant features (not critical to operations) unavailable. Severity 4: Minimal business impact, this indicates the problem causes little impact on operations or that a reasonable circumvention to the problem has been implemented. 3. Services 3.1 IBM Responsibilities With CBAS support IBM will provide the following Services for your covered Eligible Cisco Programs: a. support for basic, short duration installation, usage and configuration questions; b. information regarding publications: configuration, setup guide c. support for code related problem questions; version, functionalities, bugs, fixes. d. review of diagnostic information to assist in isolation of a problem cause: Results of debug commands, traces, dumps, logs.; e. fixes for known problems and corrective service information that you are entitled to receive under the terms of the applicable Eligible Cisco Program license; f. work-around solutions or patches to reported problems using commercially reasonable efforts. IBM will determine if a patch exists for a reported problem and if so, IBM will assist you in obtaining the applicable patch which may be downloaded from Cisco.com or sent to you on media such as CDROM; g. Minor Releases and Maintenance Releases but not including Major Releases. These will be provided via Cisco.com or CDROM (one copy including supporting documentation) provided you have a valid license and current support coverage; and Page 2 / 5

3 h. access to Cisco.com for on-line technical and general information. Resolution of problems caused by Third Party Products is the responsibility of the Third Party Products vendors. For such problems, you must contact the applicable Third Party Products vendors directly and work with them to resolve the problems With CBAU support IBM will provide the following for your covered Eligible Cisco Programs: a. all of the support identified under CBAS above; and b. Major Releases. These will be provided via Cisco.com or CDROM (one copy including supporting documentation) provided you have a valid license and current support coverage. 3.2 Response Criteria IBM will use commercially reasonable efforts to respond, by telephone or electronically, to Service requests from you within two hours during Prime Shift. IBM s initial response may result in resolution of your request or it will form the basis for determining what additional actions may be required to achieve technical resolution of your request. During Off Shift, IBM will use commercially reasonable efforts to respond within two hours to telephone Service requests which you specify to Severity 1 problems. All other Service requests (telephone and electronic) occurring outside of Prime Shift will be handled the next business day. IBM is not responsible for delays in electronic response delivery caused by systems and network problems. 3.3 Your Responsibilities You agree to: a. designate a technically qualified representative ( Primary Technical Contact ) who will be your focal point to whom we may direct general technical information pertaining to your Eligible Cisco Programs. Your Primary Technical Contact and each caller must have sufficient technical knowledge of your supported products environment to enable effective communication with our support center; b. ensure you are properly licensed to all Eligible Cisco Programs for which you place Service requests; c. acknowledge that for certain Eligible Cisco Program configurations and/or licenses that are based on a per seat or per user license or other specific license or use terms, you will be required to have your entire configuration including but not limited to all seats and/or users supported. This Service is conditional upon your validating to IBM that such configurations and/or seats or users are under support; d. ensure that any access codes that Cisco or IBM provides to you are used only by your authorized personnel and only as authorized under this Service; e. provide a severity level, per the definitions above, for all Service requests you place; f. provide IBM with information that it requests which is related to the provision of this Service (including, without limitation, name of the user, location and address of site where the Eligible Cisco Programs are installed, program name, program version information, and number of server and client licenses) and notify IBM of any changes; g. upon request, provide IBM access to your Eligible Cisco Programs via modem or the Internet for remote problem diagnosis and correction. You are responsible for supplying the Page 3 / 5

4 modem and telephone lines required at your facility and providing IBM temporary user access to the Eligible Cisco Programs while under your control. h. You remain responsible for the security of your information. You agree to maintain procedures for reconstruction of lost or altered files, data, and programs; provide current shipment contact information (as necessary); i. verify any in-transit damage to Cisco Eligible Program media supplied under this Service; j. follow all Cisco and IBM provided guidelines (such as call placement procedures and product documentation) pertaining to use of Eligible Cisco Programs and support procedures prior to placing a Service request; k. upgrade to the most current Eligible Cisco Program level which contains corrective code to correct a reported software problem or if needed to assist with problem determination; l. upgrade to the latest Third Party Software release if required to correct a reported Eligible Cisco Program problem or if advised that such is needed to assist with problem determination; m. use the information obtained under this Service and the electronic diagnostic and service delivery facilities provided to you only in support of Eligible Cisco Programs within your Enterprise; and n. when requested, provide a list, including annual updates, of all your personnel that you have authorized to use this Service. 3.4 IBM s Service support does not cover: a. on-site support; b. performing installation or customization of Eligible Cisco Programs or updates/releases; c. providing support (including updates/releases) for programs that are not within the same operating platform, licensing capacity (e.g. single user, multi-user ), or software family as originally acquired; d. support or replacement of Eligible Cisco Programs that have been altered, modified, mishandled, destroyed or damaged by unauthorized use, failure by you to take any required actions, misuse or use other than as specified in the applicable Cisco supplied documentation, or an act or omission of a third party; e. hardware repairs or the provision of any hardware or Third Party Products (including upgrades) required to support an update of an Eligible Cisco Program; f. support to resolve Eligible Cisco Program problems resulting from Third Party Products, causes beyond IBM s control, or your failure to perform your responsibilities under this agreement; and g. support of Third Party Products. Upon written notice, IBM may terminate coverage for Eligible Cisco Programs due to lack of Cisco technical support in which case a prorated credit for any coverage not used will be provided. The section Renewal and Termination of the referenced Agreement does not apply to this Service. Page 4 / 5

5 4. Term and Termination 4.1 Term The Support Line for Cisco Services will be provided from the Support Line for Cisco Services Start Date for the period specified on the Schedule (the Term). The minimum Term is 12 months. 5. Other Terms and Conditions 5.1 Employee Transfers Employee transfers are not required for the execution of this SOW. You will indemnify and hold harmless IBM, its majority-owned subsidiaries, and their respective officers, and directors from and against all claims, losses, proceedings, costs, demands, expenses (including legal expenses) and liabilities of any nature to or in respect of or on behalf of any third party, including, but not limited to, your employees, your former employees, and employees of your subcontractors and suppliers and their former employees (collectively "the Employees") incurred by IBM, its affiliates, and their respective officers, and directors (including, but not limited to, wages, ancillary benefits, social benefits and pension expectations, any arrears of salary, any payments in lieu of notice, redundancy payments, protective awards, compensation for wrongful or unfair dismissal or discrimination, or any other order for damages or compensation) arising out of or in connection with: a. any failure to perform any duty imposed upon you and your subcontractors and suppliers under the provisions of the EC Directive No. 2001/23 dated 12 March 2001 (as it may be amended) or any applicable national or state measures or applicable judicial decisions interpreting same (collectively, EC Directive No. 2001/23 ), similar legislation or otherwise, and b. any claim asserted by or on behalf of the Employees alleging that any Employee has, by law or otherwise, taken up employment with IBM and/or its affiliates under such EC Directive No. 2001/23, similar legislation or otherwise, or that any claim, right or liability in connection with his or her employment or the termination of that employment has transferred to IBM and/or its affiliates, or arising out of or in connection with the termination of employment of such Employee by IBM, you, your subcontractors or suppliers, or c. as a result of the Services rendered and Products provided by IBM under this SOW. Page 5 / 5