Support services terms: on premises
Introduction
This document sets out the terms of Skyline's Support Services for its Software (the "Terms").
Definitions
For the purpose of these Terms, the following terms shall have the meanings indicated below:
"Business Hours" means 9:00 AM until 4:30 PM, Monday through Friday, in the time zone of the geographically closest offices of Skyline (Izegem, Lisbon, Miami, or Singapore), excluding respective public holidays.
"Service Credit(s)" means credits that can be utilized by the User for one of the following services: optimization services, performance reviews, architecture reviews, design workshops, or other consultancy services.
"Corrective Action" means a solution, workaround or action plan that provides resolution of the User's Issue.
"Corrective time" means that part of the processing time when the Issue is being handled by Skyline in order to provide a Corrective Action to the User.
"DataMiner" means Skyline's monitoring and orchestration software platform commercialized under the trademark DataMiner.
"dataminer.services" means Skyline's collaboration platform located at https://dataminer.services/.
"Failure" means the situation where the Response time in Schedule 1 is not met.
"Issue" has the meaning given to it in its corresponding priority level in Schedule 1.
"Party" means Skyline or the User.
"Parties" means both Skyline and the User.
"Response time" means the time given to Skyline to provide a notification of proper receipt and follow-up to the User.
"Skyline" means Skyline Communications N.V. and any other group company.
"Software" means Skyline's DataMiner and accompanying software (if any).
"Support" means Skyline's technical assistance through its dataminer.services platform and by telephone or remote connection.
"Support Services" means the service of providing of Upgrades, Updates, Support, and other assistance services for the Software.
"Updates" means optimizations and bug fixes for the Software.
"Upgrades" means the provision of improvements and new functionalities for the Software.
"User" means the customer that uses Software licenses.
Support plans
Skyline offers two levels of Support Services: Continuity and Evolve. An overview and description of the two levels of Support Services offered by Skyline can be found on DataMiner Dojo.
Supported products
Skyline provides Support Services for its Software only, which consists of its core software, connectors, and cloud components. Skyline does not provide Support Services for third-party components, except for maintenance on database content for supported databases. An overview of supported system data storage architectures can be found on docs.dataminer.services.
Supported versions
Support and Updates for the Software shall only be provided on the two latest main releases of the Software. A new main release is issued by Skyline about every year. Main releases contain all new features and cumulative updates that were issued since the previous main release.
It is the User's responsibility to make sure that their Software is updated timely to a supported Software version. An up-to-date Support timeline shall be available on docs.dataminer.services.
Upgrades and updates
Upgrades and Updates will be available to download via dataminer.services.
By default, new Updates shall be released via cumulative updates only. However, in exceptional situations Skyline and the User may mutually agree to opt for a less tested emergency hotfix instead.
Updates for Software connectors provided by Skyline are limited to changes related to evolutions of existing product interfaces with third-party products. Substantial new interfaces on third-party products released by the third party require the purchase of a new Software connector to interface with.
Upgrades shall be released at Skyline's discretion and based on the technology innovations that take into account the general interest of all Users and the overall roadmap of the Software and Skyline's business.
Installation of Updates and Upgrades on the User's system by Skyline is not included in the Support Services.
Installation and configuration of hardware and databases (Cassandra, OpenSearch, etc.) in the User's system by Skyline is not included in the Support Services.
Support for software issues
Skyline shall provide Support to the User for Software Issues. On-site support is not included in the Support Services. Issues reported by the User to Skyline will be handled by Skyline within the time limits set out in Schedule 1.
The User shall ensure that they have an industry-standard and uninterrupted remote access system in place to allow Skyline to provide Support. The User ensures that any personal data processed for the purpose of giving Skyline access to their system is done in line with applicable data protection laws.
Ticket generation
When the User encounters an Issue with the Software or wishes to receive Support for another reason, the User should open a ticket for Support using the User Operations Support web application. More details about this can be found in the User Operations Support documentation.
If for some reason the User cannot access the User Operations Support web application and create a ticket, they can also contact Skyline's Support helpdesk.
Support is available during Business Hours only, except if the User has purchased an Out of Business Hours Support plan. If the User wishes to create a ticket in follow-up of their telephone support, the User needs to generate a ticket through the User Operations Support web application.
The User can always consult the status of their tickets using Skyline's User Operations Support web application. More details about this can be found in the User Operations Support documentation. The ticket number will be used by Skyline for the entire life cycle of the specific Issue or question.
To be able to assist the User in an efficient manner, when generating a ticket or calling Skyline's helpdesk, the User is required to provide the following information: (a) a general description of the operating environment, (b) a list of all hardware components, operating systems, and networks, (c) a reproducible test case, and (d) any log files, trace and systems files. The User's failure to provide this information may prevent Skyline from identifying and fixing the Issue.
Proactive support
Skyline assumes that the Software is always connected to dataminer.services and that the necessary prerequisites are met for remote log collection using the Customer DataMiner Reporting tool ("CDMR"). This allows the User and Skyline to proactively react to occurrences before they may become critical.
Exclusions
Skyline shall have no obligation of any kind to provide Support for Issues caused by or arising out of any of the following (each, a "User-Generated Issue"):
- Modifications to the Software not made by Skyline.
- Lack of training to correctly use the Software, including faulty configurations or settings made or manipulated by the User.
- Interference between the Software and other third-party software, such as for example anti-virus software.
- Software connectors that have not been developed by Skyline.
- IP network failures or other network issues not caused by, or related to, the Software.
- Versions of the Software that are not supported.
- When CDMR or dataminer.services connectivity is disabled.
- Insufficient hardware, data computing or storage resources to run the Software, as compared to the advice provided by Skyline in that respect. Such advice shall take into account the minimum system specifications published by Skyline but shall also consider the exact nature and use of the application at hand, which may justify the need for higher specifications.
- Any external circumstance out of Skyline's control (e.g., remote access unavailable).
If Skyline determines that an Issue is a User-Generated Issue, Skyline will notify the User as soon as reasonably possible. If the User requests Support for the User-Generated Issue via a confirming email, Skyline shall have the right to invoice the User at Skyline's then current time and materials rates for any such Support provided by Skyline.
Various
All Support Services are provided in the English language. Other languages may be possible but are not guaranteed and are provided on a best effort basis.
Schedule 1: Support Plan
Issue priorities
Tickets for Issues will be processed based on their priority level. Skyline shall assign a priority level to an Issue after assessing the information provided by the User. Skyline may in good faith change the priority level of an Issue at a later time if it no longer conforms to the criteria for the selected priority level. Priority level designation is based on the availability and usability of the Software for the User.
The following priority levels shall be distinguished:
Level 1 priority: a condition where an occurrence renders the Software entirely unavailable for the User, and no workaround is available. This includes for example a complete outage of the Software.
Level 2 priority: a condition where an occurrence partly renders the Software inoperative for the User (possibly solved by means of workarounds or fallback mechanisms).
Level 3 priority: A condition where an occurrence affects the Software but does not have a significant operational impact for the User (possibly solved by means of workarounds or fallback mechanisms).
Response and Corrective times
Depending on the Priority Level of a ticket, Skyline will address the ticket within the time frames set out below. Response Time will commence once the ticket for the Issue has been created by the User. Corrective Time will commence once Skyline is able to reproduce the Issue. Corrective Time does not include the time when the Issue is on status "Awaiting Customer Input" or "Corrective Action Proposed". When the Corrective Action consists of an action plan, it shall always conclude the planned next steps, required User actions, and, if possible, a timeline for the next steps.
Continuity plan
| Priority Level | Availability | Response Time | Corrective Time |
|---|---|---|---|
| Level 1 | Business Hours | 1 Business Hour | 12 Business Hours |
| Level 2 | Business Hours | 8 Business Hours | 16 Business Hours |
| Level 3 | Business Hours | 24 Business Hours | N/A |
Evolve plan
| Priority Level | Availability | Response Time | Corrective Time |
|---|---|---|---|
| Level 1 | Business Hours | 1 Business Hour | 8 Business Hours |
| Level 2 | Business Hours | 4 Business Hours | 12 Business Hours |
| Level 3 | Business Hours | 8 Business Hours | N/A |
Failures
In the event of a Failure, the following procedure shall apply: (i) the User shall inform Skyline in writing of the Failure within three (3) business days of the alleged Failure, (ii) Skyline shall investigate the alleged Failure and inform the User in writing of its acceptance or non-acceptance of the alleged Failure, (iii) the User shall provide reasonable assistance to Skyline in its efforts to correct any problems or processes inhibiting Skyline's ability to reach the time frames, and if the Failure by Skyline is proved, (iv) Skyline shall credit 0.25 % of the Support Services fee for the impacted licenses to the User, subject to a maximum of 5% of the yearly Support Services fee.
The credit for Failures stated in this Failures section shall be the User's sole and exclusive remedy with respect to any alleged or actual Failure.
Out of business hours support
When the User has purchased Out of Business Hours Support as part of the Support Services, Skyline shall also provide Support for Level 1 Priority Issues out of Business Hours.
Support for Level 1 Priority Issues out of Business Hours can be requested by telephone only.
The following time frame shall apply for Issues reported during Out of Business Hours Support:
| Priority Level | Availability | Response Time | Corrective Time |
|---|---|---|---|
| Level 1 | Out of Business Hours | 30 minutes | 2 hours |
Evolve plan
This Evolve plan section shall only be applicable for Users that comply with the requirements of the Evolve plan. These requirements shall be tested for compliance at regular intervals. In case of non-compliance by the User, Skyline reserves the right to limit the User's Support Services to the provisions of the Continuity plan.
For the minimum requirements to enable the Evolve plan, refer to Minimum requirements.
Do not hesitate to contact your sales representative.
Customer success manager
A customer success manager from Skyline shall be at the User's disposal to help them with any questions beyond the scope of Support Services and to help the User to get the most out of the Software.
Professional Services Credits
In each one-year period of Support Services purchased by the User, Professional Services Credits are granted to the User. Allocated Professional Services Credits are dependent upon amounts spent for Support Services. The exact amount of granted Professional Services Credits will be communicated to the User at the renewal time of the Support Services. More information on Professional Services Credits can be found on DataMiner Dojo.
Professional Services Credits are subject to availability and thus not guaranteed. The User is recommended to timely schedule services that are to be performed using Professional Services Credits. Non-used portions of Professional Services Credits are not transferable to subsequent years.
Lab licenses
Upon the User's request, Skyline will provide lab licenses of the Software to the User. Such lab licenses may not be used in a production environment. The lab license(s) will be granted at Skyline's sole discretion, which shall not be unreasonably withheld.