HomeMy WebLinkAboutC08-326Microsoft Premier Support Services Description
(Microsoft Affiliate to complete)
Services Description Number.
(For Microsoft Internal Purposes Only)
MSL Number
This services description ("Services Description") is made pursuant to the Microsoft Master Services Agreement, (the
"Agreement") effective as of 11/16/04, which is incorporated herein by this reference. In this Services Description "You",
"Your" or "Customer" means the undersigned customer and "We," "Us," or "Our" means the undersigned Microsoft
affiliate. Any terms not otherwise defined herein will assume the meanings set forth in the Agreement. This Services
Description is comprised of this cover page and the Services Description terms below, which are incorporated herein by
this reference.
Name of Customer COntact Name (This person receives invoices under this Services
Eagle County Government Description unless otherwise specified on Your purchase order )
Name of Customer or Affiliate that executed the Agreement if different than the undersigned
Street Address Contact E-mail Address
City State/Province Phone
Country Postal Code Fax
Premier Support is a prepaid service and all fees and any applicable taxes are due upon acceptance of this Services
Description. We must be in receipt of a purchase order, check, or other acceptable form of payment before We will
begin providing Services. We will invoice You for additional Services performed and expenses incurred. Our
invoices are payable within 30 days of receipt by You and will be directed to Your representative for payment at the
address shown above unless otherwise provided in a purchase order. Notwithstanding the foregoing, multi-year
Service Descriptions will be invoiced upon Our acceptance of this Services Description for year one and the
remaining installments will be invoiced at the subsequent anniversaries of the Commencement Date as defined on
the Fee and Named Contacts Schedule(s). We reserve the right to adjust Our fees prior to entering into any new
Fee and Named Contacts Schedules .
This Services Description will commence on December 6. 2008 and will expire on December 5. 2009 (the
"Ex iration Date" or the date We conclude the Services, which ever is later.
By signing below the parties acknowledge and agree to be bound to the terms re this Sevlce
Description.
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PremierServicesDescriptionv8.4(NorthAmerica)(US)(English)(Aug05) Page 1 of 8
1. OVERVIEW. This Services Description describes the various types of services that may be obtained (the
"Services"). In addition, it sets forth the parties' respective responsibilities, prerequisites and assumptions that
underlie the provision of the Services, applicable fees, and additional terms and conditions. The Services focus
on the following key areas:
Support Account Management from an assigned Microsoft resource ("Services Resource") helps to build and maintain
relationships with Your management and service delivery staff and helps You arrange each element of the Premier
Support to meet Your business requirements.
Workshops help You to prevent problems, increase system availability and assist with creating products and solutions
based on Microsoft technologies.
Problem Resolution Support provides assistance for problems with specific symptoms encountered while using
Microsoft products, where there is a reasonable expectation that the problem is caused by Microsoft products.
Support Assistance provides short-term advice and guidance for problems not covered with Problem Resolution
Service as well as requests for consultative assistance for design, development and deployment issues.
Information Services provide Your staff with the latest knowledge on Microsoft technologies to enhance Your in-house
support capabilities.
2. AVAILABLE SERVICES. You may utilize any combination of the following Services. Unless We specify otherwise,
the Services are charged on an hourly basis and will be deducted from the total number of hours You have purchased as
set forth in the attached Fee and Named Contacts Schedule(s).
2.1 Support Account Management. Support Account Management services are intended to help coordinate the
support and services relationship. The Services Resource is Your advocate within Microsoft and facilitates a team that
can provide Workshops, Problem Resolution Support, and Support Assistance. The Services Resource also serves as
the point of information delivery and provides Your feedback regarding the Services to other Microsoft groups. The
Services Resource can also provide the following services which will not be deducted from the pre-paid hours listed in
the Fee and Named Contacts Schedule(s):
a. Plannino and Resource Facilitation. At the commencement of this Service Description, an orientation and
planning session can be conducted with Your management and staff via teleconference or onsite if an onsite
visit has been purchased. The purpose of this meeting is to discuss the Services available, gather input
regarding Your support needs, and jointly plan Your use of the Services.
b. Status Meetings and Reporting. A status report can be prepared on a regular basis, to summarize the Services
delivered during the previous reporting period. Status meetings will be conducted to discuss Service activities,
monitor Your satisfaction levels, and discuss actions or adjustments that may be required. Customized
reporting can be provided at Your request and any additional related labor will be deducted from Your Support
Assistance hours.
c. Escalation Management. Support issues that require escalation to other resources within Microsoft can be
closely managed by the Services Resource to expedite resolution.
2.2 Workshops and Events. The goal of Workshops and Events is to provide You proactive technical information to
assist in the design, development or deployment of Microsoft technologies. Additional benefits may include instruction to
help reduce the number and minimize the impact of problems related to Microsoft Products that You experience.
Workshops and Events can include the following:
a. Workshops. We can conduct instructor-led training sessions that emphasize Microsoft technologies at Your
facility or on location at Microsoft. If You elect to have a Workshop conducted at Your facility, We will provide
You with specifications for configuring Your environment prior to the delivery of the Workshops. Workshops are
individually scoped and priced depending upon the length, delivery location and material presented. Your
Services Resource can provide You with a current list of available Workshops.
b. Events. We can provide broad and deep technical development-focused presentations, combined with hands-
on labs that provide training and facilitate Your implementations of Microsoft technologies. These Events
provide the opportunity to interact with Microsoft product groups, Premier support development resources and
marketing contacts. Your Services Resource can provide You with notification of scheduled Events.
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2.3 Problem Resolution Support. Problem Resolution Support provides assistance for problems with specific
symptoms encountered while using Microsoft products, where there is a reasonable expectation that the problems are
caused by Microsoft products. Problem Resolution Support is available 24 hours a day, 7 days a week. Requests for
support may be submitted via telephone or electronically through the Premier online website by Your designated
contacts, except for Severity 1 and A which must be submitted via telephone as set forth below in Section 2.3(a).
Problem Resolution Support can include any combination of the following:
a. Problem Repuest (Break-Fix). An assisted break-fix support request, also known as an incident, is defined as a
single support issue and the reasonable effort needed to resolve it. A single support issue is a problem that
cannot be broken down into subordinate issues. If a problem consists of subordinate issues, each shall be
considered a separate incident. Incidents requiring an onsite visit will be charged on an hourly basis and will
include charges for reasonable travel and living expenses. In certain situations, We may provide You with a
modification to the commercially available Microsoft product software code to address specific critical problems
("Hottix(es)") in response to an assisted break-fix support request. Hotfixes are designed to address Your
specific problems and are not regression tested. Except as otherwise provided herein or in an Exhibit, Hotfixes
may not be distributed to unaffiliated third parties without Our express written consent.
Problem resolution support is charged on an hourly basis and includes the commercially reasonable amount of
hours of Services necessary to troubleshoot and help resolve the support issue. Hours-based incidents are
deducted from the pre-paid hours set forth in the attached Fee and Named Contacts Schedule(s) or charged to
You in arrears if all pre-paid hours have been exhausted.
You are responsible for setting the initial severity level in consultation with Us and You can request a change in
severity level at any time. The incident severity will determine the response levels within Microsoft and estimated
response times and Your responsibilities are defined in the following table:
'~ ~ Situation ~r Re n~ Yc~tr' E ed R nse
1 Catastrophic business • 1$` call response in 1 hour or • Notification of Your Senior
Submission impact: less executives
via phone Complete loss of a core Our Resources at Your site Allocation of appropriate
only (mission critical) business as soon as possible. resources to sustain
process and work cannot • Continuous effort on a 24x7 continuous effort on a 24x7
reasonably continue basis basis2
• Needs immediate attention • Rapid Escalation within • Rapid access and response
Microsoft to Product teams from change control authority
• Notification of Our Senior
Executives
A • Critical business impact: • 1~` call response in 1 hour or • Allocation of appropriate
Submission Significant loss or less resources to sustain
via phone degradation of services • Our Resources at Your site continuous effort on a 24x7
only . Needs attention within lhour as required. basis2
• Continuous effort on a 24x7 Rapid access and response
basis from change control authority
• Notification of Our Senior • Management notification
Mana ers
B • Moderate business impact: 1~` call response in 2 hours or Allocation of appropriate
Submission . Moderate loss or less resources to sustain Business
via phone degradation of services but • Effort during Business Hours' Hours' continuous effort
or web work can reasonably only • Access and response from
continue in an impaired change control authority within
manner. 4 Business Hours'
• Needs attention within 2
Business Hours'
C • Minimum business impact: • 1~` call response in 4 hours or • Accurate contact information
Submission . Substantially functioning with less on case owner
via phone minor or no impediments of • Effort during Business Hours' Responsive within 24 hours.
or web services. only
• Needs attention within 4
Business Hours' ""
'Business Hours are defined as 6AM to 6PM Pacific Time, Monday through Friday excluding holidays.
2 We may need to downgrade the severity level if You are not able to provide adequate resources or responses to enable Us
to continue with problem resolution efforts.
You may be required to perform problem determination and resolution activities as requested by Us. Problem
determination and resolution activities may include performing network traces, capturing error messages, collecting
PremierServicesDescriptionvfi.4(NorthAmerica)(US)(English)(Aug05) Page 3 of 8
configuration information, changing product configurations, installing new versions of software or new components,
or modifying processes.
You are responsible for implementing the procedures necessary to safeguard the integrity and security of Your
software and data from unauthorized access and to reconstruct lost or altered files resulting from catastrophic
failures.
1. Rapid Onsite Support Services. You can request on-site support as an additional billable service. Our ability to
provide onsite support is subject to Our resource availability, and the tasks performed will vary depending on the
situation, environment, and business impact of the issue.
2.4 Support Assistance. Support Assistance provides short-term advice and guidance for problems not covered with
Problem Resolution Support as well as requests for consultative assistance for design, development and
deployment issues. Your Services Resource will work with You to determine Your specific Support Assistance
needs.
The following are types of Support Assistance that can be utilized under this Services Description:
1. Infrastructure Support Assistance. Infrastructure Support Assistance includes informal advice, guidance and
knowledge transfer intended to help You implement Microsoft technologies in ways that avoid common support
issues and decrease the likelihood of system outages.
These services also help You to resolve problems that are not attributed to Microsoft Products including:
• Errors caused by Your networking infrastructure, hardware, non-Microsoft software, operational
procedures, architecture, IT service management process, system configuration or human error.
• Multi-vendor coordination interoperability problems. Upon Your request, We will collaborate with third-
party software suppliers to help resolve complex multi-vendor product interoperability issues.
1. Reviews. A review is an assessment of a specific system, application or architecture to address design,
development, deployment, and supportability issues for current or planned implementations of Microsoft
technologies. Each review is individually scoped and estimated prior to scheduling resources, and a written
report is produced to document findings and recommendations. A11 requests for reviews and the applicable data
must be submitted to Us no later than 60 days prior to expiration date of the applicable Fee and Named
Contacts Schedule(s).
1. Development Support Assistance. Development Support Assistance helps You in Your creation and
development of internal applications on the Microsoft platform that integrate Microsoft technologies.
Development Support Assistance specializes in Microsoft development tools and technologies.
1. Lab Access. Microsoft can provide You with access to a lab facility to assist You with product development,
benchmarking and testing, prototyping and migration activities on Microsoft products. These facilities must be
scheduled in advance and are subject to availability.
2.5 Information Services. Information Services provide You with technical information about Microsoft products and
support tools that help You to implement and operate Microsoft products in a more efficient and effective manner.
Information Services can include any combination of the following:
Premier online website. The Premier online website provides access to the following information resources at
no additional charge:
• Regularly updated product news flashes documenting key support and operational information about
Microsoft products.
• Critical problem alerts notifying You of potentially high-impact problems.
• Web response tool for submitting and checking the status of support incidents.
• Microsoft KnowledgeBase of technical articles and troubleshooting tools and guides.
b. Support Webcasts. Support webcasts are regularly scheduled webcast discussions led by Our program
managers, developers and professionals covering key areas of Microsoft technology. These are provided at no
additional charge and require high speed intemet access to participate.
Optional Information Services where additional fees apply:
• Optional Microsoft TechNet Plus CD or DVD. Single server license of TechNet Plus provides an
information resource that includes technical documentation, resource kits, the most recent service packs,
and updated drivers and patches.
PremierServicesDescriptionv6.4(NorthAmerica)(US)(English)(Aug05) Page 4 of 6
• Optional Microsoft Developer Network (MSDN) CD or DVD. Universal Edition, single user license of MSDN
provides access to an extensive collection of programming information, development toolkits, and sample
code library.
2.6 Additionai Services. You may request changes or additions to this Services Description at any time. Additional
Services that are available for purchase, and the specific terms and conditions applicable to those Services, may be set
forth in this Services Description, an attached Exhibit and/or Fee and Named Contacts Schedule(s). Additional Services
will be invoiced at the prevailing price at the time the Services are rendered or upon acceptance of an Exhibit and/or Fee
and Named Contacts Schedule(s) referencing this Services Description. If you purchase additional Problem Resolution
Support hours or convert Software Assurance hours to Problem Resolution Support hours, you may also be required to
purchase additional Services Management hours. Prior to delivering additional Services, We must be in receipt of a
purchase order, check or other acceptable form of payment.
3. PREREQUISITES AND ASSUMPTIONS. Our delivery of Services under this Services Description is based upon
the following Prerequisites and Assumptions:
a. All Services will be provided remotely to Your locations in the United States unless otherwise set forth in an
Exhibit to this Services Description. Where onsite visits are mutually agreed and not pre-paid, You will be
billed for reasonable travel and living expenses.
b. All Services will be provided in the English language unless otherwise agreed to by You and Us in writing or
in an Exhibit to this Services Description.
c. We will provide support for all United States versions of commercially released generally available Microsoft
products unless otherwise set forth in an Exhibit to this Services Description or specifically excluded on the
Premier online website. Support for those Microsoft products that have entered the Extended Support
Phase , as defined on the Premier online website, will be charged on an hourly basis only. Non-security
related Hotfix support is not available for Microsoft products that have entered the Extended Phase of
support unless You have purchased such support in an Exhibit to this Services Description.
d. Support for pre-release products is not provided except as otherwise provided in an attached Exhibit.
e. All Services, including any additional Services purchased during the term of a Fee and Named Contacts
Schedule(s) shall be forfeited if not utilized during the term of the applicable Fee and Named Contacts
Schedule(s).
f. Support Assistance is dependent upon the availability of resources.
g. We can access Your system via remote dial-in to analyze problems at Your request. Our personnel will
access only those systems authorized by You. We may provide You with software to assist with problem
diagnosis and/or resolution. Such software is Microsoft's property and must be returned to Us promptly
upon request. In order to utilize remote dial-in assistance, You must provide Us with the appropriate
access and necessary equipment.
h. You must have access to the Internet in order to take advantage of Internet-based services.
i. Additional Prerequisites and Assumption may be set forth in relevant Exhibits.
4. YOUR RESPONSIBILITIES. This section sets forth Your performance obligations under this Services Description.
Our performance is predicated upon You fulfilling the following responsibilities in addition to those set forth in Section 2.3
and any applicable Exhibits. Failure to comply with the following responsibilities may result in delays of Service.
a. You can designate named contacts as set forth in the attached Fee and Named Contacts Schedule(s), one of
which will be the Customer Support Manager ("CSM") for support related activities. The CSM is responsible for
leading Your team and will manage all of Your support activities, and internal processes for submitting support
PremierServicesDescriptionv6.4(NorthAmerica)(US)(English)(Aug05) Page 5 of 8
requests to Us. Each contact will be supplied with an individual account number for access to the Premier
online website, support issue submission and access to Your Services Resource. In addition to the named
contacts, You may also identify two types of group contacts as follows:
• One type will receive a shared account ID that provides access to the Premier online website for
information content and the ability to submit support requests through the Premier online website or by
telephone.
• One type will receive a shared account ID that provides access to the Premier online website for
information content only.
b. You agree to work with Us to plan for the utilization of Services based upon the service level You purchased.
c. You agree to provide an internal escalation process to facilitate communication between Your management and
Us as appropriate.
d. You agree to respond to customer satisfaction surveys We may provide to You from time-to-time regarding the
Services.
e. You agree to provide reasonable office space, telephone and high speed Internet access, and access to Your
internal systems and diagnostic tools to Our Services Resources that are required to be on-site.
f. You are responsible for any travel and expenses incurred by Your employees or contractors.
5. ADDITIONAL TERMS AND CONDITIONS. Except as otherwise set forth in an Exhibit (or attachment to an Exhibit)
to this Services Description, this section governs the ownership and use rights of any computer code or other materials
that may be provided under this Services Description.
a. Pre-existing Work. All rights in any computer code or materials developed or otherwise obtained by or for Us
or Our affiliates, or You or Your affiliates independently of this Services Description ("Pre-existing Work") shall
remain the sole property of the Party providing the Pre-existing Work. During the performance of the Services
for this Services Description, each Party grants to the other Party (and Our contractors as necessary) a
temporary, non-exclusive license to use, reproduce and modify any of its Pre-existing Work provided to the
other Party solely for the performance of such Services. We grant You anon-exclusive, perpetual, fully paid-up
license to use, reproduce and modify (if applicable) Our Pre-existing Work in the form delivered to You for Your
internal business operations without any obligation of accounting or payment of royalties. Your licenses to Our
Pre-existing Work are conditioned upon Your compliance with the terms of the Agreement and this Services
Description and the perpetual license applies solely to Our Pre-existing Work that is left to You at the conclusion
of Our performance of the Services.
b. Materials. All rights in any materials developed by Us (other than software code) and provided to You in
connection with the Services ("Materials") shall be owned by Us except to the extent such Materials constitute
Your Pre-existing Work. Upon payment in full, We grant You anon-exclusive, perpetual, fully paid-up license to
use, reproduce and modify the Materials solely for Your internal business operations and without any obligation
of accounting or payment of royalties. You may sublicense the rights granted herein to Your Affiliates. All rights
not expressly granted, are reserved.
c. Sample Code. We grant You a nonexclusive, perpetual, royalty-free right to use and modify any software code
provided by Us for the purposes of illustration ("Sample Code") and to reproduce and distribute the object code
form of the Sample Code, provided that You agree: (i) to not use Our name, logo, or trademarks to market Your
software product in which the Sample Code is embedded; (ii) to include a valid copyright notice on Your
software product in which the Sample Code is embedded; and (iii) to indemnify, hold harmless, and defend Us
and Our suppliers from and against any claims or lawsuits, including attorneys' fees, that arise or result from the
use or distribution of the Sample Code.
d. Open Source License Restrictions. Because certain third party license terms require that computer code be
generally (i) disclosed in source code form to third parties; (ii) licensed to third parties for the purpose of making
derivative works; or (iii) redistributable to third parties at no charge (collectively, "open source license terms"),
the license rights that each Party has granted to any computer code (or any intellectual property associated
therewith) do not include any license, right, power or authority to incorporate, modify, combine and/or distribute
that computer code with any other computer code in a manner which would subject the other's computer code
to open source license terms.
Furthermore, each Party warrants that it will not provide or give to the other Party computer code that is
governed by open source license terms.
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e. Reservation of Rights. All rights not expressly granted in this Section 5 are reserved:
6. Attachments: The following Schedule(s) and Exhibits are attached at the execution of this Services Description:
^ Microsoft Premier Support Services Description Schedule: Fee and Named Contacts Schedule
Microsoft Premier Support Services Description Schedule:
Fee and Named Contacts:
(Microsoft Affiliate to complete)
Premier Support Services Description Number
(Microsoft Affiliate to complete)
Schedule Number
This Schedule is made pursuant to the Microsoft Premier Support Services Description identified above (the "Services
Description"). The terms of the Services Description and applicable Exhibits are incorporated herein by this reference
and by providing payment for the Services under this Schedule You agree to be bound by these terms. Any terms not
otherwise defined herein will assume the meanings set forth in the Agreement and the Services Description.
This Schedule will commence on December 6. 2008 (the "Commencement Date") and will expire on
1. PREMIER SUPPORT SERVICES AND FEES. The quantities listed in the table below represent the amount of
Services that You have pre-purchased for use during the term of this Schedule and applicable fees.
Descrl tion of Services
• Support Account Management Included
• Up to 20 Support Assistance Hours
• Up to 45 Problem Resolution Support Hours
• 1 Onsite Resource Visit (up to 2 days)
• Unlimited User Access to Premier Online Website
Total Due From Customer: $29,010
2. MICROSOFT CONTACT
Microsoft Contact: Contact for questions and notices about this Schedule and the Service Description:
Microsoft Contact Name: Kiersten Keester
Address:
Microsoft Corporation
(Attn: Kiersten Keester )
Phone: (916) 781-0685
Email: kkeestC~3microsoft.com
Facsimile: (425) 936-7329
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3. CUSTOMER NAMED CONTACTS
a. Premier Customer Named Contacts:
CSM Name:
Address:
Phone:
Email:
Facsimile:
CSM Name: Named Contact Name:
Address: Address:
Phone: ( ) Phone: ( )
Email: Email:
Facsimile: ( ) Facsimile: ( )
Named Contact Name: Named Contact Name:
Address: Address:
Phone: ( ) Phone: ( )
PremierServicesDescriptionv6.4(NorthAmerica)(US)(English)(Aug05) Page 8 of 8
