CONSULTING SERVICES
General
The following applies to all Consulting Services.
Scope of Services. Mirantis will provide Consulting Services in accordance with the Order Form and Statement of Work (“SOW”), if applicable, and these General terms. Mirantis requires the Order Form to be signed by authorized representatives of both parties prior to commencement of the Consulting Services.
Change Orders.Changes to the Consulting Services specified in an Order Form or its SOW will not be effective unless a change order form (a written amendment to the Order Form or SOW) has been executed by authorized representatives of both parties and Mirantis has received the change order amending the Order Form or SOW.
Fees.An Order Form and SOW will state the fees and travel and expenses to be paid by Customer to Mirantis for the Consulting Services and any related payment schedules. Customer’s signature on an Order Form or change order is acceptance of the stated fees, travel and expenses, and payment schedules. No changes in fees, travel and expenses, or payment schedules will be effective unless modified by a change order as described above.
Termination; Non-payment
Customer may terminate Consulting Services for convenience upon thirty (30) days prior written notice. Such termination will not relieve Customer from its obligations to pay Mirantis for any fees and travel and expenses for Consulting Services provided by Mirantis through the effective date of termination. Fees and travel and expenses will be due immediately upon such termination.
If Customer fails to pay any fees or travel and expenses in accordance with the applicable payment terms Mirantis may decline to provide further Consulting Services to Customer in addition to any other available remedies.
Time and Materials
The following terms apply for Customers purchasing time and materials Consulting Services under which Mirantis provides access to a Resource on an hourly or per Day basis (“T&M Consulting”). A “Resource” is a Mirantis employee or subcontractor providing Consulting Services to a Customer. A “Day” means up to eight (8) hours in a single calendar day.
Mirantis will provide T&M Consulting Resource(s) remotely or at an agreed Customer site up to the number of hours and/or Days set forth in the Order Form.
T&M Consulting purchased on an hourly basis will be consumed in minimum increments of two (2) consecutive hours.
A Day shall be consumed if any portion of T&M Consulting is made available to Customer during a single calendar day.
T&M Consulting Services will be available to Customer from the Start Date in the Order Form until consumed. All fees and travel and expenses payments are nonrefundable.
Mirantis Kubernetes Engine Phone-a-Friend
The following applies for Customers purchasing Mirantis Kubernetes Engine Phone-a-Friend.
Mirantis Kubernetes Engine Phone-a-Friend is a Consulting 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 Mirantis Kubernetes Engine 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 Mirantis Kubernetes Engine.
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 Mirantis Kubernetes Engine Phone-a-Friend subscription makes it easy to connect each month with a Mirantis Solution Architect from our Consulting Services team with Mirantis Kubernetes Engine expertise for a flat fee. You’ll be able to ask questions, get advice, and discuss topics of importance to you, such as:
Mirantis Kubernetes Engine Architecture / Design Best Practices
Mirantis Kubernetes Engine Feature Capabilities
Mirantis Kubernetes Engine Container Platform Best Practices
Integration with Mirantis Kubernetes Engine Mirantis Cluster Engine and Mirantis Secure Registry
CI/CD Pipeline Build and Integration with Mirantis Secure Registry
Mirantis Kubernetes Engine Phone-a-Friend is not a replacement for Mirantis support provided under a Mirantis Kubernetes Engine 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 Mirantis Kubernetes Engine. Mirantis Kubernetes Engine 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 Mirantis Kubernetes Engine 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.
Consulting Services Credits
The following applies for Customers purchasing Consulting Services Credits.
Description.The purchase of Consulting Service Credits (“Service Credits”) provides Customer with an allotment of Service Credits redeemable for T&M Consulting as set forth below. Mirantis will provide Customer the allotment of Service Credits set forth in the order form that incorporates these terms which are redeemable for T&M Consulting. To redeem Service Credits, Customer must contact Mirantis Consulting Services with the details of the redemption request. Upon a redemption request, the Service Credits will be deducted from Customers then current balance of Service Credits and a Service Credit Status Report (example below), will be provided to the Customer.
Assumptions
Any Mirantis provided T&M Consulting will be scheduled by mutual agreement of the parties after execution of an order form for the purchase of Service Credits.
Service Credits and related T&M Consulting 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 Resource providing T&M Consulting and may be revised only by mutual agreement of Mirantis and Customer
Consumption Rules.Customer will have a balance of Service Credits subject to the following consumption rules:
Any Service Credits not consumed within 12months from the effective date of an order form will expire.
Each individual Service Credit is equivalent to one hour of T&M Consulting from a Mirantis consultant as described in the order form.
The minimum utilization unit for the T&M Consulting 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 Service Credits.
Service Credits are not available for sale or resale to the United States Federal Government market.
Service Credits are non-refundable, non-transferable, and may not be redeemed for anything other than T&M Consulting.
Any discount, special offer, or coupon cannot be applied to Service Credit redemptions.
Customer Responsibilities
Customer will ensure that the necessary subject matter experts are available when Mirantis provides T&M Consulting.
Customer is responsible to provide and configure all hardware and software required for performance of the T&M Consulting and said hardware and software will be available on a timely basis for use by Mirantis in performance of the T&M Consulting.
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 T&M Consulting 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 Service Credit redemptions are conducted by authorized representatives of the Customer.
Payment.Mirantis shall invoice Customer upfront for Service Credits. 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 T&M Consulting.
Location.Any Mirantis-delivered on-site services shall be provided at a Customer location that meets mutually agreed to criteria between the Customer and Mirantis.
Example Service Credit Status Report
Activity
| Date Redeemed | Mirantis Consultant | Customer Company name | Project Name | Service Credit Type (SKU) | Description | Notes | # of Service Credits Redeemed |
|---|---|---|---|---|---|---|---|
| 01/01/2020 | Jane Smith | Acme | CaaS | Solution Architect | Workshop | Whiteboard architecture | 4 |
| 01/01/2020 | Jon S. | Acme | CaaS | Sr. Consultant | Installation | Dev cluster | 8 |
Balance
| Service Credit Type (SKU) | Customer Company name | Project Name | # of Remaining Service Credits |
|---|---|---|---|
| Solution Architect | Acme | CaaS | 20 |
| Sr. Consultant | Acme | CaaS | 32 |
TRAINING SERVICES
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 athttps://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 athttps://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 athttps://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 athttps://training.mirantis.com/certificationand https://training.mirantis.com/cancellation-reschedule/.
SERVICES AGREEMENT
The services above are governed by and subject to the terms of the agreement referenced in the order form for the purchase of such services. If no agreement is referenced in the order form, then the services are governed by and subject to the terms and conditions of the master agreement athttps://www.mirantis.com/company/agreements.
