SLO Support Terms - 2021.08.16

As mentioned on your Order Form, these are the Support terms which will govern the delivery of Support from Us to You on your purchased unit of measure.

NOTE:  Please see section 6 below for definitions that will assist you in understanding this schedule’s terms and conditions.

1. Support

a. We will use commercially reasonable efforts to provide Support on Your subscribed software identified on a mutually executed Order Form.  We provide either Break/Fix or Troubleshooting assistance for the subscribed software.  We will endeavor to respond to a Support Request from the Named Contacts within the Initial Response objectives and the Remedy Service Level Objectives below. All Support will be provided in the English language unless otherwise mutually agreed in writing.    

 

 

Subscription Plan

 

 

Premium

Production

Basic

Availability:

 

24 hours x 7 days

24 hours x 7 days

8am - 6pm / Mon - Fri

Initial Response

Service Level Objective

Severity-1

15 minutes

30minutes

N/A

Severity-2

30 minutes

30 minutes

N/A

Severity-3

60 minutes

60 minutes

4 hours

Severity-4

1 business day

1 business day

1 business day

Remedy

Service Level Objective

Severity-1

4 hours

24 hours

N/A

Severity-2

8 hours

48 hours

N/A

Severity-3

10 business days

15 business days

20 business days

Severity-4

30 business days

45 business days

60 business days

Resolution

Service Level Objective

Severity-1

24 hours

N/A

N/A

Severity-2

5 days

N/A

N/A

 

b. During your paid subscription, We will make Support available to You for each new release for subscribed software on its General Release Date.

c. We will provide Support for each release of the software for a period of time described at https://www.enterprisedb.com/product-compatibility which may be updated from time to time.

2. Open Source PostgreSQL Support. With respect to the open source PostgreSQL and a limited set of open source PostgreSQL tools/extensions, We will provide either Break/Fix, Troubleshooting, or Guidance & Advice as listed at https://www.enterprisedb.com/product-compatibility/edb-supported-open-source-software.pdf assuming that You obtained the software from one of the approved download locations, which may be updated from time to time.  Our assistance with PostgreSQL is subject to the Postgres open source community End-of-Life matrix located on PostgreSQL.org.

3. Third-Party PostgreSQL Support. If You are using a Third-Party PostgreSQL offering (hereby defined as Amazon RDS Postgres, Microsoft Azure Database for PostgreSQL, or Google CloudSQL), Support is limited to (a) the documented database parameters accessible in the Third-Party PostgreSQL platform and (b) a limited set of open source PostgreSQL extensions as defined at https://www.enterprisedb.com/product-compatibility/edb-supported-open-source-software.pdf if these are permitted for supported use by the Third-Party PostgreSQL provider.  Please note that both (a) and (b) may be updated periodically by the Third-Party PostgreSQL provider, and EnterpriseDB will take commercially-reasonable actions to ensure that it is apprised of such changes as they may become publicly known and documented.

4. Support Prerequisites.

a. You will cooperate with and provide assistance to Us as We may reasonably request in order to assist Us in the performance of Support, including, without limitation, providing all necessary assistance and information (according to the formats and templates specified by Us) to Our Support personnel reasonably required to enable such personnel to determine if a problem is related to an Error or is due to some other issue. You must provide Us functioning test code, which reproduces and isolates the Error, provided however, such test code must not include sensitive, confidential or personal information. The test code must have extraneous comments and code removed and to the extent possible, will be fully self-contained and automated, and will demonstrate the precise Error reported rather than other possible problems. The test code must be reproducible on Our test systems. If You find it necessary or expedient to include third party code or libraries in the test code submitted to Us, You are responsible for obtaining permission from the applicable third party for such submission. If You cannot provide test code which reproduces the Error, We may be unable to resolve the Error, but will be available to work with You to assist in the development of a test case. You acknowledge that correspondence and log files generated in conjunction with a Support Request must not contain any sensitive, confidential or personal information. You are solely responsible for ensuring the protection of any sensitive, confidential or personal information, including obscuring the logs or otherwise safeguarding such information prior to sending it to Us. All Support is provided remotely from Our offices. You will provide Us with appropriate access (e.g., screen share) to the extent reasonably necessary to allow Us to provide Support. You will bear all costs associated with procuring, installing and maintaining all equipment, telephone lines and communications interfaces necessary for Us to have the necessary telecommunications access to provide Support. If Our personnel travel to Your location for an issue that is not an Error in the software, We may charge You standard consulting rates plus travel and living expenses. Notwithstanding anything contained elsewhere in these terms, You warrant and represent that correspondence, log files generated and/or any other documentation or information shared with and/or otherwise disclosed to Us in conjunction with a Support Request will not contain any sensitive, confidential or personal information as defined under all relevant data protection laws including the EU General Data Protection Regulation 2016/679. For the avoidance of doubt “personal information” includes any information relating to an identified or identifiable individual who can be identified directly or indirectly and shall include without limitation an individual’s name, email address, IP address or other identifier. You are solely responsible for ensuring that sensitive, confidential or personal information is not shared with and/or otherwise disclosed to Us, including by erasing, obscuring, anonymizing or otherwise using appropriate measures to prevent such sensitive, confidential or personal information being shared with and/or otherwise disclosed to Us.

b. Pursuant to 4a, as requisite to delivery of the Initial Response Service Level Objective, Remedy Service Level Objective, and Resolution Service Level Objective, instances which are covered under Premium Support require use of the Data Collector at the instantiation of the support term.

5. Resolution and Relief

a. We will have no obligation to provide Support if You have not paid all applicable fees payable pursuant to this Agreement, or You are otherwise not in compliance with the terms of this Agreement.

b. We will not be able to resolve all issues under your valid software subscription for a variety of reasons.  For instance, we provide Break/Fix support, which inherently cannot guarantee fixes on certain pieces of software described in the Agreement.  For any supported PostgreSQL environment, We will use commercially reasonable efforts to attempt to provide a resolution which will consist of a workaround and/or a bug fix solution.

c. PostgreSQL is a complex software product and specific issues may be difficult to resolve, especially when an issue is intermittent and/or You are the Customer is unable to provide sufficient access to staff or production systems. We may reasonably withhold or curtail support and/or reduce the assigned Severity Level should it become clear that the Your staff has withheld information relating to the probable causes of the case including but not limited to recent events, commands issued, or server output. Lack of reasonable care and attention such as, but not limited to, failure to take database backups is not sufficient cause to raise the Severity Level of an incident. You are reminded that performance checks and other consulting services are available at additional cost.

d. When supporting PostgreSQL in a third-party "database as a service" environment, such as Amazon RDS, certain cases may not be resolvable as a result of the closed nature of these systems. Examples include, but are not limited to, patch delivery, access to the system, configuration changes and installation of extensions.

e. Subject to this paragraph, elapsed time to Resolution Service Level Objective will begin once We have responded to a submitted ticket. Time delays resulting from You, Your internet connection, time expended by You to answer questions or provide information or access of any kind to Us will not be counted towards the resolution time commitment.    For all issues which are either Severity-1 or Severity-2, it is required that these tickets be submitted via our Customer Portal with a current set of data from the Data Collector in order to be eligible for Remedy Service Level Objectives and Resolution Service Level Objectives.. Resolution Service Level Objectives shall also require continual availability of You as needed for progress against the issue. If these requirements are not met, the ticket to which they pertain will not be eligible for Resolution Service Level Objectives.  The Resolution Service Level Objective is available only for database instances which are subscribed (and monies have been paid and received) to the Premium Support.

f. We may provide a bug fix which resolves the problem, yet is not accepted by the PostgreSQL community as an appropriate fix. We will make reasonable efforts to resolve this, if possible, though not within a guaranteed time, at any support level.

6. Exclusions. Unless otherwise agreed to in an executed Order Form or statement of work, We will not provide Support in any of the following circumstances:

a. A failure of hardware, equipment or programs not covered by this Agreement;

b. Your failure to comply with operating instructions contained in the software’s user documentation;

c. A modification, enhancement or customization of the software unless agreed in writing by Us;

d. Any cause or causes beyond Our reasonable control (e.g. floods, fires, loss of electricity or other utilities), errors arising from anything other than subscribed software, such as databases, web-servers or hardware;

e. Installation, configuration, management and operation of the Your applications;

f. Except as stated herein, and on an Order Form, software not obtained from EnterpriseDB;

g. API, interfaces or data formats other than those included with the subscribed software; or

j. Use of the subscribed software for providing time-sharing services, service bureau services or as part of an application services provider or software as a service offering.

k. Use of software that is not supported by Us.

l. For any professional/consulting services work.

7. Definitions.

“Affiliate” means an entity that a party, directly or indirectly, controls, an entity that controls a party or an entity that is under common control with a party.  For purposes of this provision, control means ownership of at least fifty percent (50%) of the outstanding voting shares of the entity.

“Break/Fix” means that We will provide insight, guidance, troubleshooting, and where possible, a technical workaround as it pertains to Your purchased subscription.  The prior sentence relates to functionality and behavior within the supported official software documentation, on approved OS platforms and versions as designated at: https://www.enterprisedb.com/product-compatibility. A workaround may consist of technical steps, a software patch or build, however We provide no guarantee that any code changes will be approved by, or maintained in the main open source project.

"Business Day" means 8:00 AM to 8:00 PM (local time) Monday through Friday, excluding any of our holidays.

“Deliverable” means a deliverable provided by Us as part of the Services.

"Error" means a failure of the subscribed software to substantially conform to the descriptions contained in the applicable end user manuals or on-line help files regarding the use of the subscribed software.

“Failure” means EDB’s failure (subject to the terms of this document) to meet the Resolution Service Level Objective requirements for a particular impacted Instance.

“Guidance & Advice” means We will provide insight and guidance for the product as it is understood per Our  knowledge of the documented behavior and functionality of the software.

"General Release Date" means the date upon which We announce on Our website or otherwise that a new release has entered general release.

“Instance” means a Postgres server process running on a unique combination of “IP address” and “TCP port” (usually 5432).

"Initial Response" means our acknowledgment of a Support Request received from You.

"Initial Response Service Level Objective" means, for any single Support Request, the objective for the elapsed period measured from the time that You initiate the Support Request until We provide a response.

"Named Contacts" mean the individuals authorized to contact Us for Support. Such individuals should be trained and knowledgeable about the software and Our resolution procedures to be used with the software. Named Contacts may be changed by providing Us with at least ten (10) days prior written notice.

"Remedy Service Level Objective" is the goal for Us relating to the time required to provide documented relief from the Error.

“Reporting Timeframe” means ten (10) days from the Failure.

"Resolution Service Level Objective" is the goal for Us of the time required to provide documented relief which restores full (or near full) functionality of software defined under Break/Fix to the Customer. Relief may be provided in the form of technical steps, a software patch, or build. We provide no guarantee that any code changes will be approved by, or maintained in the main open source project. Software eligible is designated within the following link under the Premium Support column https://www.enterprisedb.com/product-compatibility/edb-supported-proprietary-software.pdf. As it pertains to a Premium Support subscription, all other software will follow the Production Support Response and Resolution Service Level Objectives as identified in Section 1, Subsection A.

"Severity 1 Error" means a catastrophic production Error in the subscribed software which severely impacts Your production systems, or in which the subscribed software in Your production systems is down or not functioning; or an Error in the subscribed software which is causing a loss of production data and no procedural work around exists. Severity 1 Errors also include security breaches originating within the code of the subscribed software which rate as a CVSS Score of 7 or higher.

"Severity 2 Error" means the subscribed software, which is in production, is operational but certain major functions are not performing in all material respects in accordance with its documentation and no workaround is available.

"Severity 3 Error" means (a) minor functions of the subscribed software, which is in production, are not

performing in accordance with its documentation or (b) the subscribed software, which is in development or a test environment, is not performing in accordance with its documentation.

“Severity 4 Error” means a general usage question or recommendation for a future product enhancement or modification. There is no impact on the quality, performance or functionality of the subscribed software. This Severity Level covers non-urgent problems including cosmetic issues, feature requests or information requests.

“Services” means the consulting and training services provided by Us under this Agreement which do not include Support.

“Support” means the support provided for the subscribed software and based on the terms of this Schedule A during the subscription period.

"Support Request" means a request communicated by You to Us using the designated procedure to report an Error and to request a correction of such Error.

“Troubleshooting” means that We will provide insight, guidance and troubleshooting for the subscribed software on approved OS platforms and versions as designated at https://www.enterprisedb.com/product-compatibility