Service Terms

Last Updated Date: November 4, 2014

These Services Terms, are part of the Agreement between Customer and DataStax. The Agreement includes the Enterprise Terms (at www.datastax.com/terms) and any terms in the applicable Order Schedule. These Services Terms govern all Services (excluding Support) provided to Customer by DataStax. Any capitalized terms not otherwise defined in these Services Terms shall have the meaning in the Enterprise Terms or the Order Schedule.

1. Services

DataStax’ standard Service programs are defined as follows:

  • Quick Start Standard Program:
    • Customer can select one course from DataStax’s standard curriculum for on-site delivery for up to 20 people to be used within the first 90 days after purchase
    • 20 hours remote consulting Services to be used within the first 180 days after purchase
    • To be eligible to purchase this program, Customer must have a current unexpired subscription license to the DataStax Enterprise software
  • Quick Start Enterprise Program:
    • Customer can select one course from DataStax’s standard curriculum for on-site delivery for up to 20 people to be used within the first 90 days after purchase
    • 40 hours on-site consulting Services to be used within the first 90 days after purchase
    • 40 hours remote consulting Services to be used within the first 180 days after purchase
    • To be eligible to purchase this program, Customer must have a current unexpired subscription license to the DataStax Enterprise Software
  • Private Training:
    • Private training as set forth in an Order Schedule
  • Consulting Services:
    • Hourly consulting services as set forth in an Order Schedule

All other Services shall be provided on an hourly basis at the rate specified in an Order Schedule and, if no rate is stated there, the base rate per hour for additional Services shall be the standard then-current rate charged by DataStax. Application Enablement Services are are provided according to the Application Enablement Services Terms at www.datastax.com/application-enablement-service-terms.

In addition to the Services fee identified in an Order Schedule, Customer shall reimburse DataStax for out-of-pocket travel, hotel and meal expenses reasonably incurred during the execution of Services by DataStax consultants. Unless agreed by the parties otherwise, Datastax will follow Customer’s applicable written expense reimbursement policies and guidelines provided to DataStax in advance.

The right to Services described in any Order Schedule or these Services Terms will expire in accordance with the time period specified therein or one year after the Effective Date of the applicable Order Schedule, whichever is earlier.

2. Customer Responsibilities

In connection with the Services, Customer shall (1) provide DataStax with reasonable access to Customer’s sites and facilities during its normal business hours and as otherwise reasonably required to perform the Services; (2) provide a safe and secure working environment for DataStax personnel, and (3) perform Customer’s agreed duties and tasks, and such other duties and tasks as may be reasonably required to permit DataStax to perform the Services; (3) not copy, record, or transcribe any DataStax training materials without written authorization from DataStax. Customer will also make available to DataStax any data, information and any other materials reasonably required by DataStax to perform the Services, including, but not limited to, any data, information or materials specifically identified in the applicable ordering document (collectively, “Customer Materials”). Customer will be responsible for ensuring that all such Customer Materials are accurate and complete. DataStax will comply with all reasonable workplace safety and security standards and policies, applicable to Customer’s employees, of which DataStax is notified in writing by Customer in advance.

3. Materials

As between Customer and DataStax, Customer will exclusively own all rights, title and interest in and to the Customer Materials, including all worldwide patent rights, copyright rights, trade secret rights, know-how and any other intellectual property rights therein. DataStax acknowledges and agrees that Customer Materials constitute Customer’s Confidential Information. Subject to Customer’s rights in the Customer Materials, DataStax will exclusively own all rights, title and interest in and to any software programs, tools, utilities, processes, inventions, devices, methodologies, specifications, documentation, techniques and materials of any kind used or developed by DataStax or its personnel in connection with performing the Services (collectively “DataStax Materials”), including all worldwide patent rights, copyright rights, trade secret rights, know-how and any other intellectual property rights therein. Customer will have no rights in any DataStax Materials except as expressly set forth in this Agreement. Nothing in this Agreement will be deemed to restrict or limit DataStax’ right to perform similar services for any other party or to assign any employees or subcontractors to perform similar services for any other party; provided that DataStax complies with its obligations with respect to Customer’s Confidential Information.

4. Disclaimer

Notwithstanding any other provisions, the Services shall not include any application or code development. Further, while we will make the appropriate recommendations with the information then-available to us, we cannot make any performance guarantees. DataStax cannot guarantee that all of the recommendations can be completed during the time allotted but we will complete as many of the recommendations as time permits. DataStax will provide a separate proposal for any additional time required to complete the outstanding tasks.