Maintenance and Support Service Terms - Silver

1. Definitions
1.1 “Business Day” means Monday through Friday in Customer’s local time zone.

1.2 “Business Hours” means 9:00 a.m. to 5:00 p.m. on Business Days.

1.3 “Documentation” means the user and installation documentation for the Supported Software published by Confluent and accessible at https://docs.confluent.io/home/overview.html.

1.4 “Issue” means a failure of the Supported Software to conform to the specifications set forth in the Documentation, resulting in the inability to use, or material restriction in the use of, such Supported Software.

1.5 “Maintenance Release” means a revision of the Supported Software made generally available by Confluent to its end user customers to correct Issues in the Supported Software or to maintain the operation of the Supported Software in accordance with the documentation. Maintenance Releases are denoted by a change to the third decimal place in the version number; e.g., 2.1.1, 2.1.2, 2.1.3, etc.

1.6 “Support Services” means the maintenance and support services purchased by Customer and described in this Support Services Policy.

1.7 “Supported Software” means the supported versions of the Confluent Software and Third Party Software (each as defined in the Agreement), as set forth in the Supported Versions and Interoperability document at https://docs.confluent.io/current/installation/versions-interoperability.html.

1.8 “Update” means a software modification or addition that, when made or added to the Supported Software, corrects the Issue.

1.9 “Workaround” means a procedure or routine that, when observed in the regular operation of the Supported Software, eliminates the practical adverse effect of the Issue on Customer.

2. Support Services
2.1  Customer Support Channels.Confluent shall provide the Support Services through its online customer support portal (“Support Portal”) which enables submission of support requests at the times applicable to the level of support purchased by Customer.  Following submission of an Issue, Confluent will communicate with Customer using email, the Support Portal, or video conferencing. During the submission process, Customer may assign a priority level to an Issue, however, Confluent may re-assign the priority level in its sole discretion. Any necessary telephone support discussions will be scheduled in advance at a time mutually agreed by the parties and for durations and at a frequency that is commercially reasonable for Confluent. Support Services will be provided in English.

2.2 Hours of Operation. Customer may submit support requests twenty-four (24) hours a day, seven (7) days per week. Confluent will address such requests during Business Hours.

2.3 Maximum Number of Monthly Support Issues. Customer may submit up to 5 Issues per month.

2.4 Issue Prioritization & Confluent Actions. Issues will be categorized by priority level in accordance with the following definitions, and Confluent will take the following corresponding actions:

 

 

2.5 Responses. A “Response” is an initial reply to a reported Issue. “The Target Initial Response Times” shall be measured by the elapsed time between Confluent’s receipt of a reported Issue and the time Confluent begins to address such Issue by responding and initiating communication with Customer about the Issue. The actual time required to fully resolve the Issue, if full resolution occurs, may be longer than the Target Initial Response Time. Customer understands and agrees that full resolution of an Issue is not guaranteed and may not occur.

 

2.6 Updates and Maintenance Releases. Confluent will use commercially reasonable efforts to provide an Update or Workaround designed to solve or bypass a reported Issue, in accordance with the tables in sections 2.4 and 2.5 above. If an Issue has been corrected in a Maintenance Release for Customer’s installed version, Customer must install and implement the applicable Maintenance Release. An Update or Workaround may be provided in the form of a temporary fix, procedure or routine, to be used until a Maintenance Release containing an applicable Update is available. Confluent will make Maintenance Releases available to Customer if, as and when Confluent makes any such Maintenance Release generally available to its customers.

2.7 Customer Responsibilities. Confluent’s obligation to provide Support Services is conditioned upon Customer satisfying the following responsibilities with respect to such Issue:

(a) Customer has made reasonable efforts to resolve the Issue before reporting the Issue to Confluent, including having the Issue reviewed by the representative of Customer that submits the Issue;

(b) Customer has provided Confluent with sufficient information, including any reproducible test cases requested by Confluent;

(c) Customer has installed all Maintenance Releases;

(d) Customer has procured, installed and properly maintained all equipment, telephone lines, communication interfaces and other hardware necessary to operate the Supported Software; and

(e) (For P1 and P2 Issues only) Customer has designated personnel resources to provide necessary diagnostic information until an Update or Workaround is made available.

 

2.8 Escalation. If Customer does not receive Confluent’s Response within the applicable Target Initial Response Time, Customer may escalate the Issue per the following escalation process:

 

3. Exclusions. Notwithstanding anything to the contrary in this Support Services Policy or the Agreement, Confluent is not obligated to address an Issue when:

(a) the Supported Software has been changed or modified (except if by Confluent or under the direct supervision of Confluent);

(b) the Issue is caused by Customer’s negligence, a hardware malfunction, the configuration of the operating environment or data center, network latency or causes beyond the reasonable control of Confluent;

(c) the Issue is caused by third party software not provided by Confluent; or

(d) Customer has not installed and implemented all available Maintenance Release(s) for the installed version of Supported Software; or

(e) Customer has not paid the Support Services fees when due.

4. Changes to Support Services These Maintenance and Support Services Termsmay be updated from time to time in Confluent’s sole discretion, provided that any such updates will not materially reduce the level of Support Services during Customer’s subscription term.

• June 2017
• July 2016