Table of Contents
The following terms only apply if the applicable service is specifically listed in an order form in which these terms and conditions are incorporated by reference.
Professional Services for Docker Enterprise
THE FOLLOWING TERMS APPLY TO PROFESSIONAL SERVICES SCOPED AND FURTHER DESCRIBED IN A SEPARATE STATEMENT OF WORK (“SOW”).
General: All scoped Professional Services or Consulting Services (“Scoped Services”) are provided on a time and materials basis unless explicitly stated in an SOW. Each hour provided will be invoiced as per the customer’s written agreement with Mirantis (the “Agreement”).
Level-of-Effort & Fees: The level of effort for the Scoped Services described in the SOW is estimated based on the following:
- Extent of the work defined in the SOW
- Project Prerequisites defined below, as well as any additional or superseding Project Prerequisites in the SOW
- Assumptions defined below, as well as any additional or superseding Assumptions in the SOW Customer Responsibilities defined below, as well as any additional or superseding Customer Responsibilities in the SOW
- Exclusions defined below, as well as any additional or superseding Exclusions in the SOW
Any variance in the specific efforts outlined above may affect the estimated level of effort and the associated fees. Any change in level of effort, fees or other costs shall be effective only upon a signed written agreement between the parties as outlined in the Change Management process described below.
Customer purchase orders for the Scoped Services must include adequate funding for all fees defined on the order form and align with the level of effort and fees for the applicable project.
Travel: The Mirantis professional services team will provide services to assist with Scoped Services subject to any reasonable travel and expense policy provided by Customer to Mirantis in writing prior to starting the associated Scope Services. If the travel and expense policy is not provided in a timely manner, or the Customer does not have a travel policy for contractors, then the Mirantis travel and expense policies will be used.
Customer should budget for fees associated with travel and expenses at an estimated twenty percent (20%) of the total fees as described in the order form. Actual travel expenses will depend on a number of factors including the applicable travel policy, amount of time spent at a customer site, and other variables. Actual expenses will be invoiced in accordance with the Agreement.
Unless otherwise provided in an order form, there is no cap to travel and related expenses and such travel and expenses are pre-approved by the Customer for the SOW.
Any Customer order form must include adequate funding for all travel expenses and other associated costs.
The prerequisites below are essential to help the success of the applicable project.Collaboration
The primary prerequisite is extensive collaboration between the Customer infrastructure team(s), the Customer applications team(s) and the Mirantis team. Lack of full participation from Customer teams will affect the schedule, cost and outcomes of the Scoped Services.
- Access to source code for all applications targeted for inclusion in the applicable project.
- Access to application-specific subject matter experts for all applications targeted for inclusion in the applicable project as per the project plan defined during the project initiation process.
- Available infrastructure on one of: VMWare, baremetal, AWS, Azure
- VMs with system requirements and access to appropriate package repository Machine image(s) of supported OS
- Shared storage (NFS and S3) External load balancer
- Existing subscriptions and / or licenses for the applicable Mirantis and / or 3rd party products allowing Mirantis access and use
- A business sponsor to own the business case and governance and to provide overall leadership
- A project manager or scrum master to drive the applicable project
- Application teams with: – Specified minimum workstation requirements and capability to install Docker Desktop Enterprise on their workstations – Knowledge of Continuous Integration/Continuous Delivery (“CI/CD”) concepts and processes
- A platform team with access and the capability to design, deploy and maintain the required infrastructure
- Sponsor, Application and Operational team ownership in driving change
- Willingness to adopt new tooling and processes
- Delivery of Scoped Services will be scheduled by mutual agreement of the parties after each party signs the applicable SOW or order form.
- Scoped Services will be provided on a continuous basis subject to normal business hours, holidays, etc. assuming a 40 hour work week. Any on-site work shall be scheduled between Mondays and Thursdays; Fridays are reserved for remote work.
- This SOW for Scoped Services is not a part of maintenance and technical support or managed services provided through any software services agreement between Customer and Mirantis.
- Only server-side applications (e.g. web apps, service apps, API backends, etc.) will be considered as candidates for the Scoped Services.
- Unless specified otherwise in SOW, all SOWs have a term or “period of performance” of (12 months and will expire 12 months after the effective date of such SOW.
- Any extension of the period requires a written agreement between all parties using the Change Management process described below.
- Specific work under the Scoped Services must be scheduled in advance as part of project planning and is subject to resource availability.
- Customer is responsible to secure all appropriate and necessary 3rd party and Mirantis product subscriptions.
- Customer is responsible to ensure that all prerequisites are in place to allow service delivery on a full- time basis as described above.
- Customer will ensure that the subject matter experts are available for the applicable project in a timely manner and as per the project plan defined during the project initiation process.
- Customer is responsible to provide, configure and maintain all hardware and software required for the applicable project; said hardware and software will be available on a timely basis for use by Mirantis throughout the applicable project.
- Customer is responsible for its data, including selection and implementation of controls on its access and use, all backup, and security for its data.
- Customer is responsible for ensuring it maintains appropriate backup, security and virus-checking procedures in place for any facilities Customer provides or which may be affected by Scoped Services and that any such data remains retrievable speedily and economically.
- Customer is responsible for ensuring its specifications comply with applicable law.
- Customer is responsible for obtaining any third-party consents and cooperation necessary for Mirantis to provide Scoped Services.
If any prerequisite, assumption, time constraint, or customer responsibilities not satisfied or met, Mirantis may not be able to provide some or all of the Scoped Service and may require use of the Change Management process described below.
Initial estimates of the level of effort, fees and expenses associated with the SOW are provided in the SOW or described in the terms described above. These estimates may be refined upon further scoping and planning after work has begun.
Any variance from the terms and conditions defined herein, or from the scope of work as defined in the SOW, may affect the level of effort, scope definition, schedule, fees, or associated costs.
Should a variance cause a change in level of effort, scope definition, schedule, fees, or costs, such change must be made in a written Change Order signed by the parties prior to the acceptance or adherence of the cause of the variance.
Docker Enterprise Phone-a-Friend
Docker Enterprise Phone-a-Friend is a Professional Services subscription with a term of either 1 or 3 months during which you have access to Solution Architects to guide you in aligning your Docker Enterprise deployment with your desired business outcomes. For each month you have access to four (4) 1-hour sessions.
Whether you’re asking questions about architectural or platform industry practices, or how to make full use of its feature capabilities for your specific use cases, we’re here to help you expand what’s possible with Docker Enterprise.
Our industry-leading DevOps, application modernization, and cloud infrastructure knowledge is based on hands-on experience delivering hundreds of production deployments around the world.
The Docker Enterprise Phone-a-Friend subscription makes it easy to connect each month with a Mirantis Solution Architect from our Professional Services team with Docker Enterprise expertise for a flat fee. You’ll be able to ask questions, get advice, and discuss topics of importance to you, such as:
- Docker Enterprise Architecture / Design Best Practices
- Docker Enterprise Feature Capabilities Docker Enterprise Container Platform Best Practices
- Integration with Docker Enterprise Universal Control Plane and Docker Trusted Registry
- CI/CD Pipeline Build and Integration with Docker Trusted Registry
Docker Enterprise Phone-a-Friend is not a replacement for Mirantis support provided under a Docker Enterprise subscription, and is not intended as a forum for troubleshooting existing issues or cases. Instead, Phone a Friend can help to enable your organization to address key technology decisions, prepare for future initiatives, and even increase the return on your investment in Docker Enterprise. Docker Enterprise Phone-a-Friend are not available for sale or resale to the United States Federal Government market.
During the subscription term all 1-hour sessions must be scheduled using the Mirantis customer portal. Phone-a-Friend shall be consumed in whole 1-hour session increments. Once a 1-hour session begins it must be consumed. If unused, the four (4) 1-hour sessions per month do not roll over to the following month. Your Docker Enterprise Phone-a-Friend subscription ends the first of consumption of all 1-hour sessions or the end of the 1-month or 3-month term. All sessions must be used within the term or be forfeited.
Mirantis Professional Services Credits
The purchase of Professional Service Credits(“PSCs”) provides Customer with an allotment of PSCs redeemable for Mirantis provided time and material professional services (“Services”) as set forth below.
Mirantis will provide Customer the allotment of PSCs set forth in the order form that incorporates these terms which are redeemable for Services. To redeem PSCs, Customer must contact Mirantis Professional Services with the details of the redemption request. Upon a redemption request, the PSCs will be deducted from Customers then current balance of PSCs and a PSC Status Report (example below), will be provided to the Customer.
- Any Mirantis provided Services will be scheduled by mutual agreement of the parties after execution of an order form for the purchase of PSCs.
- PSCs and related Services are not a part of maintenance and technical support services provided through any software subscription services agreement between Customer and Mirantis.
- The execution of the order form incorporating these terms shall be deemed pre-approval for the travel expenses incurred by Mirantis in the course of any redemptions for on-site delivery subject to any reasonable travel policies provided by Customer at redemption time.
- Any provided travel policies, working times, dress codes, and all other subsequent policies provided by Customer to Mirantis will be adhered to by the Mirantis employees delivering the Professional Services service and may be revised only by mutual agreement of Mirantis and Customer
Customer will have a balance of PSCs subject to the following consumption rules:
- Any PSCs not consumed within 12months from the effective date of an order form will expire.
- Each individual PSC is equivalent to one hour of Professional Services from a Mirantis consultant as described in the order form.
- The minimum utilization unit for the Service is one (1) hour.
- Standard Working Hours are Monday through Friday, between 8:00 a.m – 5:00 p.m. local time.
- Any work outside of Standard Working Hours (as pre-approved by Mirantis and Company) shall consume time at twice the minimum utilization.
- If multiple consultants are working, each of their minimum utilization units shall independently count against the PSCs.
- PSCs are not available for sale or resale to the United States Federal Government market.
- PSCs are non-refundable, non-transferable, and may not be redeemed for anything other than the Professional Services.
- Any discount, special offer, or coupon cannot be applied to PSC redemptions.
- Customer will ensure that the necessary subject matter experts are available when Mirantis provides Professional Services.
- Customer is responsible to provide and configure all hardware and software required for performance of the Professional Services and said hardware and software will be available on a timely basis for use by Mirantis in performance of the Professional Services.
- Customer is responsible for ensuring it maintains appropriate backup, security and virus-checking procedures in place for any facilities Customer provides or which may be affected by Services and that any such data remains retrievable speedily and economically;
- Customer is responsible for determining whether services meet Customer’s business requirements and comply with Customer’s applicable internal guidelines, long-term goals and any related agreements;
- Customer is responsible for ensuring its specifications comply with applicable law;
- Customer is responsible for obtaining any third-party consents and cooperation necessary for the performance of services.
- Customer is responsible for ensuring all PSC redemptions are conducted by authorized representatives of the Customer.
Mirantis shall invoice Customer upfront for PSCs. Customer shall pay invoices from Mirantis in accordance with the payment terms in the Agreement. Customer agrees to reimburse Mirantis employees’ travel-related expenses associated with this Services Agreement.
Any Mirantis-delivered on-site services shall be performed at a Customer location that meets mutually agreed to criteria between the Customer and Mirantis.
Example PSC Status ReportPSC Status Report (Example)
|Date Redeemed||Mirantis Consultant||Customer Company Name||Project Name||PSC Type (SKU)||Description||Notes||# of PSCs Redeemed|
|01/01/2020||Jane Smith||Acme||CaaS||Solution Architect||Workshop||Whiteboard Architecture||4|
|01/01/2020||Jon S.||Acme||CaaS||Sr. Constultant||Installation||Dev Cluster||8|
PSC Status Report (Example)
|PSC Type (SKU)||Customer Company name||Project Name||# of Remaining PSCs|
Technical Account Management Services
Technical Account Management services (“TAM Services”) last for the term identified in the order form and provides Customer access to enhanced ongoing support in addition to the standard Docker Enterprise commercial Support Subscription.
The TAM Services is a remote service with a resource allocated at 20%, 40%, or 100% of full-time allocation. The allocation is determined by the TAM service tier. The TAM Service does not include support for any unit of software (such as engines, registries, etc.) for which Customer does not have an active paid product subscription and can only be combined with Docker Enterprise subscriptions. Customer receives access to a designated Technical Account Manager to provide Customer with:
- Access and Advocacy: 1) Arrangement of Specialist Engagements, 2) Advocacy for product enhancements, and 3) Access to advanced betas and other special programs.
- Strategic Support: 1) Oversight of support cases including quarterly service performance metrics, 2) Preventative notifications, and 3) Ongoing engagement via at least monthly conference calls.
TAM Regional Coverage
The TAM Service is limited to a specific division, group, line of business or team within a Customer (e.g., research and development, support, system administration, etc.). The specific division, group, line of business or team will be identified and agreed to by Mirantis and Customer upon initiation of the TAM Service.
TAM points of contactThe TAM Service is limited to working with up to 4 total designated points of contact within the Customer.
TAM Service Hours
The TAM Service is available during local business hours based on the physical location of the Mirantis TAM. For purposes of clarity, the Service (including the TAM Service) is separate and apart from Mirantis ‘ Business Day or Business Critical support services which are sold separately and provided in accordance with the terms of a separate subscription agreement.
SKU(s): Support-1TAM, Support-2TAM, Support-FTTAM
- Mirantis Training Services. Customer may purchase Training Services directly from Mirantis, online, or from authorized Mirantis partners. If purchased directly from Mirantis the parties will agree in an Order Form (which may be online) as to the curriculum, timing and duration (i.e., number of sessions) of any private Training Services course.
- General Terms. Mirantis will provide Training Services to Customer for the number of days identified per course in the course descriptions below. Customer must use any pre-purchased Training Services within 1 year from the date of purchase or any unused Training Services will expire.
- Training Subscriptions. “Training Subscriptions” are annual subscriptions that entitle Customer access to subscription services during a 1 year term that include an entitlement to a certain number of Training Credits and Training Subscription Benefits, as described at https://training.mirantis.com/training-subscription. Training Subscription Fees are due and payable by Customer within 30 days from the date of the applicable invoice.
- Training Credits. “Training Credits” are credits that may be redeemed by Customer for Training Services as provided at https://training.mirantis.com/training-subscription. Training Credits are non-refundable; non-transferable; may not be redeemed for cash or credit; must be used as whole credits; cannot be combined with any other discount, special offer, or coupon; and can only be redeemed in the same geographic region and currency as purchased. Customers restricted by law or regulation may not purchase Training Subscriptions. Any Training Credits not used within one year after purchase will be forfeit. For existing Training Subscription Customers, additional Training Credits may be purchased. Redeem Training Credits by contacting your Mirantis Training Services Representative.
- Upgrades. Training Subscription may be upgraded during an active term by purchasing additional Training Credits. If Customer purchases additional Training Credits during the Training Subscription term to maintain the same Training Subscription level, the Training Subscription term remains the same as the term in the initial Order Form. If Customer purchases additional Training Credits during the Training Subscription term to upgrade to a higher Training Subscription level, the new Training Subscription term will restart from the date of the additional purchase.
- Stand Alone Private Training courses. “Stand Alone Private Training Courses” are individual private courses purchased by Customer without the use of Mirantis Training Credits and not available under the Training Subscriptions offering.
- Training Delivery Requirements.
- Delivery Dates and Location. Delivery dates for the training session(s) and the location for the services will be determined by mutual agreement of the parties. All private courses must be scheduled and confirmed a minimum of two weeks prior to delivery as agreed by Mirantis.
- Capacity. To maintain high quality of training outcome, Mirantis limits the maximum number of students to 20 per course (15 for the MCP courses). If Customer requires more than 20 students (15 for MCP courses), additional sessions or student seats will need to be purchased.
- Classroom Requirements. Customer is responsible for providing the location, suitable facilities, and systems for virtual and/or on-site Training Services. Mirantis is not responsible for provision of lunch and beverages for the students. Facilities and systems requirements and guidelines for on-site Training Services can be found at https://training.mirantis.com/classroom-requirements.
- Course Updates. There are some cases where the course is improved and revised between the time when training is scheduled and when training is delivered. This may result in some changes to topics. Mirantis will deliver the latest version of the course available at the time of delivery.
- Rescheduling and Cancellation. Customer may reschedule or cancel Private Training Courses as per the reschedule and cancellation policy: https://training.mirantis.com/cancellation-reschedule/.
- Training Services Materials. Training Services materials, products, methodologies, processes, and software provided or developed during the course of providing Training Services (“Training Services Materials”) are the sole property of Mirantis unless otherwise noted. Training Services Materials are considered confidential or proprietary information provided solely for the students of the Training Services and may not be copied or transferred without Mirantis’ prior written consent.
- Course Details. Complete course description, prerequisites, and outlines can be found in the Mirantis training catalog: https://training.mirantis.com/courses.
- Custom Private Training. Custom Private Training is based on pre-existing Mirantis Training Courses, selected and agreed upon by Mirantis and Customer. Custom Private Training does not include development of custom training materials or other content specific to Customer’s environment.
- Certifications. Mirantis Training Services include the opportunity to take Mirantis certification exam(s) to earn Mirantis certification(s) that reflects a student’s demonstrated cloud technology knowledge and proficiency. Mirantis reserves the right to modify Training Services, exams, and/or certification criteria for exams. Certification and exam policies and guidelines can be found at https://training.mirantis.com/certification and https://training.mirantis.com/cancellation-reschedule/.