Effective starting: November 14, 2017
Dedicated Care Service Supplemental Terms of Service
1. Dedicated Care Service. The dedicated care service described in this Supplemental Terms of Service (the “Dedicated Care Service” or “DCS”) is provided as an annual subscription and covers all Software deployed at the department level but does not aim at covering Software of distinct company departments with separate operations teams. Dedicated Care Service provides to the Customer purchaser all the following services. The DCS is subject to the execution by the Customer of a software license agreement related to the Software (the “Agreement”) In addition to unlimited calls in the context of supporting RING malfunction, it includes up to 20 professional services days requests (person days equivalents) per year for advice or diagnosis. When purchased at time of deployment, requests for professional services days initiated during the first 3 months after deployment do not count towards the annual limit. Subscription to Dedicated Care Service also provides access to the DCS version of Scality cloud monitoring solution. The solution is a real-time monitoring, alarming and capacity planning tool. It collects and transmits to Scality Support Center and Customer status information on Scality’s Software global status and its components capabilities, operations, capacity trends and health. Information is displayed through a monitoring platform and an alarming system alerts Scality Support Center and Customer in the case of abnormal behaviors or events. Scality cloud monitoring solution Support Center will monitor all systems deployed at the customer sites on a 24×7 basis. However, Scality will not operate the Customer’s system. Data collection and remote monitoring of Scality’s Software are conducted with the limited purpose of improving Software performance, functionality and service quality provided to Customer. Scality will provide a named resource for the Customer (“Customer Solution Engineer” referred to as “CSE”) who shall act as the designated consultant for the Customer for any operations issue requiring senior technical staff attention. The CSE will be based in the same region as the Customer (e.g., Europe, America, Asia). As part of the Dedicated Care Service Scality will also provide the Customer with the following services:
1.1 Additional Assistance. Scality will assist the Customer’s Eligible Support Recipients (e.g., the systems administration team) with diagnosing any problem encountered in the course of administering the Covered Software. Scality will endeavor to analyze and isolate the reported problem—escalating it through all three levels of technical support, as necessary—and will propose a remediation, even for problems not arising from an issue with the Covered Software. Upon request, Scality will also assist a Customer with other hardware and software vendors by explaining the nature of the problem to the appropriate hardware or software vendor whose product seem to be causing a problem. For certain problems, Scality may also suggest additional software or service capability to be added to the platform.
1.2 Advice. Upon request, Scality will advise the Customer on storage and/or redundancy policies, and also advise on recommended changes.
1.3 Quarterly Review. Scality’s Solution Engineer will conduct a quarterly review via teleconference with the Customer as may be scheduled by the Parties. This review will include a Support tickets report, a configuration and performance review, as well as a capacity assessment to predict the Customer’s future needs and a suggested roadmap on how best to meet those needs.
1.4 Workshops. The Solution Engineer will visit the Customer once each year to conduct a 1-day workshop to review the objectives of the Customer and refine the configuration of the Covered Software.
1.5 Remote Assistance. Scality will assist the Customer remotely during the installation of software upgrades. (For all upgrades, Scality recommends upgrading only a few machines of the system first and other machines after a period of satisfactory performance by the upgraded servers. In instances of a critical problem condition, an emergency procedure may be applied.)
1.6 Escalation. In the unlikely event an issue needs executive management’s attention, Scality has a business level escalation procedure that the Customer can trigger if needed. This includes engagement in this order of the VP Technical Services, VP Engineering, Chief Technical Officer and finally Chief Operations Officer.
1.7 Service Levels. Scality will use commercially reasonable efforts to notify Customer of expected or forecasted peak activity periods. Except as provided in this Section 1, if Availability drops below 99% for one calendar quarter period, Customer’s sole and exclusive remedy shall be to terminate the Dedicated Care Service. For subscribers of the Dedicated Care Service, Scality will provide service levels for certain performance as follows. The service levels apply at the cluster level, separately for each functional cluster (i.e., all servers in the same RING), but does not apply at server level (i.e., a storenode being down does not impact the service level). In addition, the service level applies to all Covered Software options installed on a given cluster, but does not apply to management elements.
1.7.1 Response Time Service Level and Credits. As provided in the Maintenance and Support Services Terms and Conditions, Scality will respond to Priority 1 issues within fifteen (15) minutes; Priority 2 issues within four (4) hours; and Priority 3 issues within three (3) business days. Should Scality fail to acknowledge a request for a Priority 1 or Priority 2 issue in a time within the target response time in the Maintenance and Support Services Terms and Conditions, the Customer will be entitled to claim a credit of one percent (1%) of the annual preventive maintenance pack fee for that functional cluster. Credits are limited to 2 credits per calendar quarter, and for 2 events at least 7 calendar days apart. No credits are provided for failure to acknowledge a Priority 3 request.
1.7.2 Covered Software Availability Service Level and Credits. Subject to the restrictions and conditions set forth in this Section, including the restrictions set forth below, if the Covered Software (as limited in this Section) in a RING cluster is not Available 100% (the “Software Availability Percentage”) of the time in any given year, and it is determined through a post-resolution analysis that such failure is due to failure of the Covered Software in that RING cluster, then Customer will be entitled to claim a credit equal to ten percent (10%) of the annual Dedicated Care Service fee allocated to the Covered Software for the RING functional cluster. Credits are limited to 2 credits per calendar quarter, for 2 events at least 7 calendar days apart. Represented algebraically, Software Availability Percentage for any particular calendar year is calculated as follows:
Software Availability Percentage (%) = Available – Downtime
(Total Time in Period)
“Available” means the Covered Software is operational and all mission critical functionality is available. The measurement of the Service Availability Percentage is calculated based on the time that a Priority 1 incident is opened at the Scality call center until service is restored. If the service was to be unavailable at one moment in time, an in-depth analysis (Root Cause Analysis) is performed to determine if it results from a fault of Covered Software (as limited above). Such analysis is then sent to the Customer. Should the fault be assigned to the Covered Software, the Customer will be entitled to the credit described in this Section 1. Planned Downtime and maintenance operations timeframes do not count towards unavailability. The credit shall not be available to the Customer if: (a) the used capacity exceeds the recommended threshold (DISKWARN) set during the installation and/or monthly review with the Scality Solution Engineer to insure that all write operations are able to fulfill; or (b) Customer fails to deploy within a reasonable period of time the number of servers necessary to sustain the traffic (N is that number of servers) based on the Customer’s reported traffic volume during peak hour, growth expectation, and the hardware being deployed, as recommended by the Scality Solution Engineer.
1.7.3 Durability Service Level and Credits. Provided certain conditions are met in the design and operation of the RING platform, Scality guarantees durability as part of the Dedicated Care Service. The Covered Software is designed to provide durability of objects over a given year. This durability level corresponds to an average annual expected loss of objects based on the number of sites and protection method as described below. It is assumed that the minimum protection ratio is 3 copies and/or ARC 9+3.
1 site Durability Service Percentage: 99.99999999%
2 sites Durability Service Percentage: 99.999999999%
Represented algebraically, the Durability Service Percentage (“Durability Service Percentage”) for any particular calendar year is calculated as follows:
Durability Service Percentage (%) = Objects Preserved – Objects Lost
Note that in case of mixed configurations, the least durable SLA applies.
Should an RING cluster fail to meet the Service Availability or the Durability SLA, and it is determined through a post-resolution analysis that such failure is due to failure of the RING platform or failure of Scality to perform remedial measures within the target resolution time, the Customer will be entitled to claim a credit equal to ten percent (10%) of the annual Dedicated Service Pack fee for the RING functional cluster. Credits are limited to 2 credits per calendar quarter, for 2 events at least 7 calendar days apart.
1.8 Service Level Conditions. All of the above Service Levels in Section 1.7 are conditioned upon the following.
(a) In order to provide this service level, all effort must be used to identify possible causes of unavailability to happen on the RING before the fact. As such, to benefit from the SLA option, the Dedicated Care Service subscription is mandatory. Moreover, remote monitoring must be allowed through Scality cloud monitoring solution that must be installed and running to monitor all of the metrics of the Customer Software provided and required by Scality.
(b) Customer has notified the Acceptance of RING functional cluster to Scality.
(c) Customer has paid in full all outstanding Scality Software license fees, and support and maintenance fees (and has renewed its annual maintenance contract, at least one (1) month before the anniversary date, when appropriate).
(d) Customer provides “remote hand” service to reboot any server specified by its IP address within 1 hour of request
(e) The Customer employees operating the platform have received training from Scality on the Covered Software operation and are certified by Scality to have passed such training.
(f) Customer has adhered to the change management process mutually agreed to by Scality and the Customer.
(g) Customer deploys all upgrade releases that need to be deployed for fixing defects or installing security patches within ten (10) business days of Scality providing such to Customer.
(h) Customer has adhered to the Scality escalation procedure.
(i) The failure is not the consequence of a misconfiguration of the Covered Software by the Customer.
(j) The Customer allows Scality to apply changes to the functional cluster configuration without requesting Customer prior approval to solve a Priority 1 issue. Scality will provide notice of the change within 1 business day after a workaround has been implemented.
(k) Customer maintains the redundancy level of the hardware architecture.
(l) Customer has allowed Scality to perform or validate all software upgrades on Customer’s platform.
(m) No software other than certified Operating System by Scality and the Covered Software are running on the servers.
(n) Scality engineers have through the Internet access to production servers operating the Covered Software on a 24 x 7×365 basis.
(o) The probe/monitoring platform has access through the Internet to production RING servers, 24 x 7×365.
(p) Customer provides appropriate network and switches capacity, power and cooling in the datacenter.
(q) The Availability SLA does not apply when a datacenter is down.
If all of the above conditions are not met, then no credits shall be due Customer due to a failure to meet the Service Levels set forth in Section 1.7.
1.9 Service Level Exceptions. In addition to the requirements of Section 1.8, Scality will not be responsible for failures to meet service levels attributable to:
(a) Acts or omissions of Customer, its agents, employees or contractors (including, without limitation, willful misconduct, negligence, breach of contract, or infringements of third party proprietary rights).
(b) Customer’s failure to follow the conditions and instructions set forth in this Agreement and as provided by Scality.
(c) Downtime due to a force majeure event; operation under a disaster recovery plan; or provision of the Covered Software after the expiration of the Term of the Agreement.
1.10 Definition. Unless otherwise above defined, capitalized terms used in this DCS will have the meaning set forth in the Agreement.