VAST DATA FEDERAL SUPPORT SERVICES TERMS AND CONDITIONS – AUGUST 31, 2021
** All capitalized terms in this Support Services Terms and Conditions shall have the meaning attributed to such terms in the VAST End Customer Services and License Agreement (“EULA”).
GETTING STARTED: HOW TO CONTACT US
VAST Data’s support is delivered by Level 3 engineers and is available 24/7/365 for Customers under a valid Services Term (“Customer”). You can engage with us via whatever channel works best for them as follows:
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SUPPORT SERVICES OFFERING
1. SUPPORT SERVICES TERMS AND CONDITIONS (“TERMS”)
1.1 SUPPORT SERVICES:
For the duration of the Services Term and subject to Customer’s compliance with the EULA, the Documentation and these Terms, VAST Data Federal, Inc. (“VAST” or “VAST Data”) will provide support services for VAST-approved Compatible Hardware and VAST Software, as further detailed under these Terms (“Support”). These Terms form a part of the Documentation and constitute the sole and entire agreement between VAST and Customer regarding the Support of the VAST Software and the Compatible Hardware on which it is deployed, and supersede all prior and contemporaneous communications and agreements regarding same, all of which are merged herein.
1.2 MAIN SUPPORT OFFERINGS OVERVIEW:
THE VAST CO-PILOT. A VAST Senior Level Engineer, a “Co-Pilot”, will be assigned to each new Customer. Our Co-Pilots monitor Customer’s systems, prioritize feature requests, and assist with the handling of all of the planning and deployment as Customers expand Universal Storage. Co-Pilots are expert cloud operators who work with you to handle all aspects of system management, planning, expansion, and day-to-day operation.
VAST DATA’S ZERO COMPROMISES GUARANTEE. Throughout a valid and fully paid Services Term, VAST continues its commitment to 10-year protection of low-cost flash, its commitment to uptime and data durability, its commitment to data reduction supremacy, and its commitment to provide all Universal Storage features, while also offering an unconditional 60-day right to return, (For details see 7.0 vi) .
VAST LINK. VAST Link is the remote Call Home service that, if enabled by Customer, allows VAST’s Support team and Copilots to monitor and troubleshoot Universal Storage clusters from anywhere around the world. VAST Link is a primary component in VAST’s overall support services strategy as it provides the secure mechanism to enable the technical support team to monitor the health and utilization of VAST clusters as well as to proactively identify issues, understand historical context, and resolve an issue prior to business impact. VAST Link is securely returning telemetry to VAST Data’s cloud-based management platform 24/7 to enable real-time support responsiveness. Additional information detailing VAST Link’s security and access controls can be found here: https://support.vastdata.com/hc/en-us/articles/360019457740-Configuring-Call-Home-Settings
DARK SITE:: VAST defines a “Dark Site” as a Customer environment that is configured to be prohibited from using the VAST Link remote monitoring service. For Dark Sites, because VAST is unable to constantly monitor and remotely debug their environment, the VAST technical support services teams are more dependent upon the Customer’s administrators to take an active role in monitoring and in troubleshooting solution issues. If a Customer chooses to have their environment configured as a Dark Site, VAST provides comprehensive training to Dark Site engineers and offers special “Keep Your Hardware” replacement services for Customers who cannot send back equipment as part of the standard Vast RMA process.
3.0 SOFTWARE SUPPORT SERVICES AGREEMENT PLAN:
3.1 VAST support team will assign a priority level to each support ticket based on the impact of the event/problems. Priority levels are defined as follows:
|A severe problem preventing customer or workgroup from performing critical business functions.||The customer or workgroup able to perform job function, but performance of job function degraded or severely limited.||The customer or workgroup performance of job function is largely unaffected.||Minimal system impact; includes feature requests and other non-critical questions.|
3.2 Response times are defined according to the priority-level of an event and provided on a best-effort basis in accordance with the following table:
|Critical||Up to 30 Minutes||24/7 Response in 30 minutes, or less, with a support engineer helping to resolve the issue, escalating to engineering (if required) or working towards lowering the priority with a workaround.|
|High||Up to 2 Hours||24/7 Response in 2 hours, or less, with support engineer helping to resolve the issue, escalating to engineering if required or working towards lowering the priority with a workaround.|
|Medium||Up to 4 Business Hours (local time)||Response in 4 local business hours, or less, with support engineer helping to answer a question, resolve an issue, escalate to engineering (if required).|
|Low||Up to 8 Business Hours (local time)||Response in 8 local business hours, or less, with support engineer helping to answer a question, resolve an issue, escalate to engineering (if required)|
4.0. COMPATIBLE HARDWARE REPLACEMENT.
As part of the Support services, which are provided throughout a valid and fully paid Services Term only, VAST will provide hardware replacement coverage as follows:
4.1 VAST will provide hardware replacement coverage solely for Compatible Hardware purchased by Customer from VAST Data or from an authorized vendor(s), on any failed Compatible Hardware. Such coverage shall be provided only during a valid and paid for Services Term. VAST Data and Customer may renew the Services Term for up to a ten (10) year-period from purchase date of such Compatible Hardware (provided the Hardware was not sold after its End of Sale Date), inclusive of endurance protection against SSD wear for the same duration.
4.2 In the scope of the foregoing Support services, VAST Data will replace any failed part with a functional equivalent that will have equal or higher specifications. Replacement parts may be new or refurbished, at VAST Data’s discretion. All defective parts must be returned by Customer to VAST Data pursuant to VAST’s written return material authorization (“RMA”). If Customer has purchased Services for Dark Sites, all defective parts except the Dark Site relevant hardware must be returned following the VAST Data RMA. If Customer does not follow the VAST Data RMA instructions, VAST Data may invoice Customer (either directly or through its partners) for the full cost of the replacement part(s). Returned and defective parts become VAST’s property.
4.3 Hardware Replacement Shipping and Handling:
a. Cross-shipment of replacement parts will be shipped from VAST Data same business day, shipping to the Customer location via expedited shipping services.
b. Expedited shipping typically ensures next business day arrival after determination of need for replacement parts through the means designated by VAST, although replacement parts are not guaranteed to be available next-day.
c. Same-Day Shipments are subject to a 4pm local time cutoff (according to the place of shipping) and may be impacted by local holidays, import delays and other situations outside of VAST’s direct control.
d. Not all support options are available in all locations; please verify desired capabilities with VAST Data prior to placing an order. For onsite Support offerings sold for sites that require special or specific security clearances, VAST requires pre-scheduling, which may exceed VAST’s next business day support objectives.
e. Onsite parts and labor commitments begin at the time of VAST’s determination of the need to provide a replacement part and onsite labor if applicable under the terms of this Support.
f. Customer is responsible for replacing all Customer Replaceable Units (CRUs) which include disks, power supplies, fans and batteries. VAST will dispatch a VAST-qualified engineer to replace FRUs. CRUs and FRUs are defined solely by VAST.
g. Failed units must be returned as soon as practical (no later than 30 days from receipt of the replacement part) or be subject to invoice.
h. Risk of loss while Compatible Hardware replacement parts being replaced are and shall be deemed in the care, custody and control of the Customer and all damage to, loss of, or failure to return replaced parts within 30 business days of RMA may (at Vast Data’s discretion) result in charges for the value of the part. Customer’s failure to pay may result in the suspension of Support until resolution.
5.0 GENERAL SUPPORT SERVICES PLAN LIMITATIONS
5.1 Support Services pricing is valid only for the relevant Services Term as set forth in the applicable Vast Data quote. All support prices are subject to change when the Services Term is renewed. Renewal Support Services pricing is based on a then current quote from your VAST Data account team. VAST Data is not obligated to honor any pricing from expired or prior quotes.
5.2 These Terms cover Compatible Hardware and Vast Software provided they are not modified or damaged by Customer or anyone other than by a VAST employee or a VAST-approved contractor and provided such Compatible Hardware and Vast Software are not used for any unlawful activity. Modifications, unless approved in advance by VAST or performed by VAST’s authorized personnel, or use of Vast Software or Compatible Hardware, for crypto mining activity or otherwise in any unlawful activity, is expressly prohibited and will void all Vast Data obligations under these Terms. VAST, at its sole discretion, may elect to provide Support or Upgrades despite the existence of such additional unauthorized software modules, but may require the Customer to remove such additional unauthorized software prior to VAST Data performing any Support or Upgrade and condition such Support or Upgrade on payment of additional fees. VAST further reserves the right to limit or restrict (either in an applicable Order or under these Support Services Terms and Conditions) certain specific aspects/portions Support Services and related benefits in the event of particular uses of the Vast Software and Compatible Hardware.
5.3 Customer will be pro-active in scheduling and implementing Software upgrades when made available by Vast Data on a regular basis, to maximize the inherent up time and minimize the inherent time to resolution. Upon Customer request, VAST will provide a determination as to whether a non-mandatory Upgrade is advisable. Should VAST advise against performing a non-mandatory Upgrade, the Customer still has the option of engaging VAST for a fee to plan and perform the Upgrade. Should the Customer decide to perform the Upgrade without VAST’s assistance, then the Customer assumes all liability and any issues or incidents resulting from that Upgrade will not be covered by these Terms.
5.4 VAST DATA ONSITE LABOR SUPPORT: Where necessary (as determined by Vast Data) a trained Vast Data technician may arrive onsite, at the location of the Vast Software and Compatible Hardware deployment for the sole purpose of replacing failed components. Any other requests for onsite Support are granted solely at the discretion of VAST and may be considered chargeable professional services engagements.
5.5 VAST Data reserves the right to engage third-party manufacturer technicians to handle a support event for any third- party product.
6.0 CUSTOMER OBLIGATIONS AND RESPONSIBILITIES:
6.1 The Customer is obliged to understand and accept the risks that failure to implement all changes as designated in the Compatible Hardware and Software correction notices will render it impossible to implement changes subsequently provided by VAST Data.
6.2 To receive Support, Customer must allow VAST access to the Solution and provide any information required by VAST Data regarding the location and configuration of the Solution for which Customer desires to receive the Support.
6.3 Customer agrees to provide VAST Data with prior written notice if Customer desires to move Compatible Hardware to another location. Continuation of Support at any new location is subject to the hardware being re-certified as supportable by VAST Data and additional charges may apply.
6.4 Customer will make all reasonable efforts to support and cooperate with VAST Data in resolving the problem requiring Support remotely, for example, starting and executing self-tests or diagnostic programs, providing all necessary information, or performing basic remedial activities upon VAST Data ’s request.
6.5 Should VAST Data deem it necessary to have personnel on the Customer site, Customer will ensure that VAST Data personnel are provided with sufficient electrical power to perform necessary maintenance and operating supplies used during normal operation.
6.6 Customer is responsible for the security of its proprietary and confidential information and for maintaining a procedure external to the Solution for reconstruction of lost, or altered files, data, or programs.
6.7 If remote Support is available, Customer will provide VAST Data with login access for the exclusive purpose of performing diagnostics. VAST Data shall not share such login access information with any third party.
6.8 Customer is responsible for performing the following functions prior to return shipping a failed Compatible Hardware to VAST Data : a) perform all steps for self-test and troubleshooting specified in the operating manual for the Compatible Hardware; b) provide, in writing, the model number, serial number, current failure symptoms, pertinent failure history and ship-to address (if applicable); and c) unless the Compatible Hardware will be delivered and picked up at a VAST Data facility by Customer, Customer is responsible for packaging the failed Compatible Hardware carefully in the original or other suitable shipping container that prevents the Compatible Hardware from being damaged while in transit to VAST Data.
7.0 VAST DATA ZERO-COMPROMISES GUARANTEE
VAST Data provides the Customer with a Vast Data Zero Compromise Satisfaction Guarantee (the “Guarantee”). The Guarantee is only applicable during the Services Term.
I. PERSISTENCE GUARANTEED. The Solution is designed and developed by VAST for persistence to prevent data from being lost due to the volatility issues associated with volatile media (such as DRAM), because the VAST Solution architecture is intended only to write data to persistent media (3D XPoint).
II. AVAILABILITY GUARANTEED. The Solution will not be unavailable due to any combination of storage cluster node hardware failures (“Cluster Nodes”) so long as there is at least one surviving Cluster Node in an availability domain (also known as a “pool”). In any event of downtime due to the aforementioned hardware-only failure, the customer is entitled to a credit equal to one year of Services which will be applied immediately after the lapse of the then current Services Term”.
III. ALL-INCLUSIVE ACCESS TO FUTURE CLUSTER SOFTWARE GUARANTEED. When the Customer purchases the Software subscription and Compatible Hardware and as long as the Services Term has not lapsed, VAST Data guarantees that the Customer will have access to the newest and most updated functionality and features for the Vast Software that are made generally available by VAST Data for the VAST Data Universal Storage Operating System at no additional charge for such functionality or features. Future products or services (upgraded new material functionalities), however, may be licensed or sold separately.
IV. QLC DRIVE ENDURANCE GUARANTEED. VAST guarantees the write endurance of QLC Flash drives for the period of ten (10) years from the Compatible Hardware purchase date and that the devices will be writable for such period, provided that the Services Term has not lapsed. In the event that the QLC drive hardware write endurance is exhausted, within the same ten-year term, VAST will replace any worn-out QLC Flash drive for any Customers covered by an active Services Agreement with any comparable or superior replacement part. Notwithstanding anything to the contrary in these Terms or otherwise, QLC Drive Endurance Guaranty is not applicable and shall not be provided by VAST in the event that the Vast Software and/or Compatible Hardware are used for crypto mining and/or related purposes.
V. GUARANTEED. Best-In-Class Data Reduction The Solution is designed and developed by VAST Data to deliver the best lossless data reduction efficiency. VAST guarantees that, in comparison to any system similar to the Solution which is generally available for purchase in the market as of the effective date of this Guarantee, the total size (in bytes stored on disk) of the data stored in the Solution will always be equal to or smaller of the total size that is stored in any other physical media of a similar storage system, namely a storage system that uses storage-native, lossless data reduction tools. A valid comparison must be based on the actual demonstrated comparison provided by Customer and confirmed by Vast Data of at least 100TB unencrypted data-set. Please note that this guarantee does not cover any third party solutions using application-level data reduction tools; nor any comparison of encrypted data or any comparison of datasets smaller than 100TB.
If VAST’s Best-In-Class Data Reduction promise, as described above, is demonstrably lacking (as confirmed by VAST), Customer has 90 days from installation to notify VAST about this difference, VAST will make up for such difference by providing the Customer with an additional Software capacity license for no additional cost, at a level equal to the storage capacity difference between the VAST Software (as deployed on Compatible Hardware) and the third-party comparable solution, provided only that the VAST Data storage capacity is effectively utilized, at the time of the demonstration, at a rate of at least 70%. This additional usage scope will be provided for a term that is equal to the initial Service Term of the purchase in question.
VI. GUARANTEED 60-DAY UNCONDITIONAL RIGHT-TO-RETURN. For Customers that have not previously evaluated the VAST Solution, they may return the Compatible Hardware for any reason or no reason for a full refund (“Right-to-Return Guarantee”). The Right-to-Return Guarantee is provided to the Customer if (i) the Customer is the original purchaser; (ii) the Customer has installed and used the Solution exactly in accordance with the Solution’s documentation, enabled the Solutions’ remote monitoring features, and followed VAST Data’s instructions; and (iii) the Customer notified VAST Data in writing within 60 days from the date the Customer received the Solution that the Customer has decided to return the Solution and the Customer ships the Solution back to VAST Data no later than with ten (10) days of such written notice. VAST Data shall have the right to charge the Customer refurbishing fees for any damage to or use of the Solution while under the Customer ’s control. The Customer shall pay the shipping costs for returns in accordance with VAST Data’s instructions. This Guarantee shall not apply to a Solution that is used by the Customer for evaluation purposes.