Service Terms

Last Updated Date: June 5, 2017

These Service Terms and Statement of Work (“Service Terms”) are part of the Agreement between Customer and DataStax and provide a statement of the work to be provided by DataStax under the applicable ordering document (the “Order Schedule”) that incorporates these terms. Unless these Service Terms are expressly incorporated into a different agreement, the “Agreement” means the Enterprise Terms (at www.datastax.com/terms) and any terms in the applicable Order Schedule. These Service Terms govern all Services (excluding Support) provided to Customer by DataStax. “Services” means training, consulting or other services specified in an Order Schedule. “Services” does not include recurring maintenance and support services such as those specified at www.datastax.com/support-policy. Any capitalized terms not otherwise defined in these Service Terms shall have the meaning in the Agreement. All Services, whether a preconfigured statement of work under the section below titled “Service Packages” or another Service are subject to the General Service Terms in Section 4 below.

Table of Contents:

1. Service Packages

DataStax offers the preconfigured “Service Packages” targeted at different phases of adoption of the DataStax platform. If Customer has purchased one of these Service Packages under its Order Schedule, DataStax will deliver those Services as specified below. These Service Packages are conceived as concentrated delivery efforts, and the parties will make commercially reasonable efforts to ensure that all service days are delivered consecutively. Where a Service Package specifies a number of days of Services, each partial day will count as a full day, and each full day must be eight hours or less. If DataStax delivers the Service Package in less than the number of days specified below, then DataStax has no further obligation. Additional services will require a new Order Schedule.

Unless otherwise specified below, travel and related expenses are included in the price of the Service Package; and the Services under each Service Package must be consumed within 180 days of the Effective Date of the applicable Order Schedule, after which they expire.

1.1 Architecture Review Package. Under the Architecture Accelerator Package, the DataStax Services team works closely with Customer to provide advice regarding application architecture design by assisting with core architecture activities as follows:

  • Hardware Design Review – DataStax will work with Customer’s team to review and develop recommendations regarding the hardware design based upon anticipated performance needs.
  • Network Design Review – DataStax will review Customer’s proposed network design to provide recommendations to decrease any potential latency or other network performance concerns.
  • Security Design Review – DataStax will review the security requirements specified by Customer for the application and provide recommendations regarding corresponding security configuration changes in the DataStax platform.
  • Application Code Review – DataStax will review Customer’s proposed application code to provide recommendations on changes to meet required performance and/or stability needs of the overall system.

This is a prepaid Service Package that includes up to five (5) consecutive business days of Services delivery. Four (4) of the days will be used to perform the activities listed above followed by one (1) day of documentation activity. A day is defined as an eight-hour day. Partial days will constitute an eight-hour day of delivery under this package.

1.2 Dev and Ops Primer Service Package. The Dev and Ops Package is designed for small to medium sized teams using DataStax Enterprise and is used during the initial phase of a development project. Through the Dev and Service Ops Package, DataStax assists Customer with the following activities:

  • Assist Customer with DSE installation and configuration.
  • Perform baseline performance testing.
  • Advise Customer on a performance testing strategy.
  • Assist Customer with OpsCenter configuration and management.
  • Advise Customer on security configuration, authentication and encryption.
  • Provide Customer with guidance on the basic tasks of cluster management and operations
  • Assist Customer by proactively identifying and mitigating project risk areas.

This is a prepaid Service Package that includes up to five (5) consecutive business days of Services delivery. Four (4) of the days will be used to perform the activities listed above followed by one (1) day of documentation activity. A day is defined as an eight-hour day. Partial days will constitute an eight-hour day of delivery under this package.

1.3 Sprint Advisory Service. A DataStax Solutions Architect works weekly on regularly scheduled basis with the customer to understand key aspects of the customer architecture, including the specific use cases and the business use cases to best leverage DSE features. Through the Sprint Advisory Service Package, DataStax assists the customer with the following core activities:

  • Design consultation and review.
  • Performance testing.
  • Best practice recommendations.
  • Assist Customer to proactively identify and mitigate project risk areas.

This is a prepaid Service Package that includes up to twelve (12) business days of Services delivery over a 90 day period. Services are delivered as two (2) consecutive day engagements scheduled on a weekly or bi-weekly basis as determined by DataStax and Customer during the Services on-boarding. A day is defined as an eight-hour day; partial days will constitute an eight-hour day of delivery for this purpose.

1.4 Production Readiness Package. Under the Production Readiness Package, DataStax works closely with Customer to gauge application readiness in advance of moving the application into live production by assisting with the following activities:

  • At Scale Performance Testing – DataStax will assist Customer in evaluating performance under expected at scale loads to observe the ability of the system to sustain increased performance levels.
  • Disaster Mitigation Testing – DataStax will assist Customer with reviewing the disaster mitigation plan based upon outcomes of at-scale performance testing.
  • Load and Overhead Testing – DataStax will try to identify and make recommendations regarding triggers to look for in performance that may require adding additional nodes and/or clusters.
  • Recommendations based upon Testing Outcomes – DataStax will provide advice to Customer as it moves to codify recommendations based upon the various findings of testing outcomes.

This is a prepaid Service Package that includes up to ten (10) consecutive business days of Services delivery. A day is defined as an eight-hour day; partial days will constitute an eight-hour day of delivery for this purpose.

1.5 Customer Success Architect Service Package. The Customer Success Architect works closely with Customer to understand the key aspects of the customer architecture, including the specific use cases and the business needs to best leverage DataStax Enterprise features. Through the Customer Success Architect Service Package, DataStax will assist the customer with the following activities:

  • Proactively identify and mitigate program/project risk areas.
  • Provide guidance and best practices on application development and integration, functional and technical solution architecture and design.
  • Direct management of the support ticket, managing necessary support escalation.
  • Monitor and notify Customer of DSE product updates that are relevant to the customer environment.
  • Monitor key performance metrics during delivery of Services.

This Service Package includes up to sixty (60) business days of Services delivery with a maximum of three (3) business days of Services delivery per week. A day is defined as an eight-hour day. Partial days will constitute an eight-hour day of delivery under this package. In addition to the Customer Success Architect Service Package fee identified in the Order Schedule, Customer shall reimburse DataStax for out-of-pocket travel, hotel and meal expenses reasonably incurred by DataStax in providing the Customer Success Architect Service Package (and Datastax will follow Customer’s applicable written expense reimbursement policies and guidelines provided to DataStax in advance).

1.6 DataStax Analytics Primer Service Package. Under the DataStax Analytics Primer Service Package, DataStax works closely with Customer to provide greater understanding of key aspects of DataStax Analytics capability. Through the DataStax Analytics Primer Service Package, DataStax will assist the customer with the following activities:

  • Training – DataStax will provide the DSE320, the DataStax Enterprise Analytics on-site training course. Course topics include an introduction to DataStax Enterprise Analytics, Spark API, Spark-Cassandra Connector, Spark SQL, Spark Streaming.
  • Design and Architecture – DataStax will provide a deep dive architecture review with the integration of advanced analytics solutions to perform data analysis at scale, real time analysis, ad-hoc analysis. DataStax will provide recommendation on cluster sizing, cluster topology and workload segregation.
  • Implementation and Testing – DataStax will provide recommendations on data modeling and job implementation based on customer business use case.
  • Operations – DataStax will review performance optimization techniques and operations specific to DataStax Enterprise Analytics.

This is a prepaid Service Package that includes up to five (5) consecutive business days of Services delivery and three (3) days of onsite training. All services and trainings provided under this package will be performed onsite. A day is defined as an eight-hour day. Partial days will constitute an eight-hour day of delivery under this package. Maximum class size is 20 attendees.

1.7 DataStax Search Primer Service Package. Under the DataStax Search Service Package, DataStax works closely with Customer to provide greater understanding of key aspects of DataStax Search capability. With the DataStax Search Service Package, DataStax will assist Customer with the following activities:

  • Training – DataStax will provide DSE310 the DataStax Enterprise Search on-site training course. Course topics include an introduction DataStax Enterprise Search, Apache Solr™ functional use cases, search fundamentals, query vs. search, and schema.
  • Design and Architecture – DataStax will provide a deep dive architecture review to help drive adoption with a special focus on cluster topology, workload segregation and best use case for DSE Search.
  • Implementation and Testing – DataStax will provide proactive recommendations, data modeling best practices and implementation suggestions based on the customer business case.
  • Operations – DataStax will review configuration and ongoing maintenance procedures specific to DSE Search.

This is a prepaid Service Package that includes up to five (5) consecutive business days of Services delivery and three (3) days of onsite training. All services and trainings provided under this package will be performed onsite. A day is defined as an eight-hour day. Partial days will constitute an eight-hour day of delivery under this package. Maximum class size is 20 attendees.

1.8. DSE Graph Primer. DataStax Services works closely with the Customer to provide greater understanding of key aspects of DataStax Graph capability. With the DataStax Graph Primer Service Package, DataStax will assist Customer with the following activities:

  • Training – DSE330 DataStax Enterprise Graph on-site training. Course topics include property graphs, graph schemas, graph indexes, basics of populating and querying graphs and graph traversals using the Gremlin graph traversal language.
  • Design & Architecture – Graph design patterns: shifting focus from models to relationships.
  • Implementation & Testing – Provide Customer with recommendations, data modeling best practices and implementation suggestions based on the customer business use case.
  • Operations – Review Customer’s configuration and ongoing maintenance procedures specific to DSE Graph.

This is a prepaid Service Package that includes up to ten (10) consecutive business days of Services delivery. All services and trainings provided under this package will be performed onsite. A day is defined as an eight-hour day. Partial days will constitute an eight-hour day of delivery under this package. Maximum class size is 20 attendees.

2. Education Services

DataStax offers the training courses specified in our course catalog (“Education Services”) subject to these terms in this section titled “Education Services” and the General Service Terms. DataStax makes Education Services available in the following manners:

  • Offsite Public: delivered in-person at a site arranged by DataStax, with attendees managed by DataStax
  • Online Public: delivered online, with attendees managed by DataStax
  • Onsite Private: delivered in-person at site arranged by Customer, attendees managed by Customer
  • Online Private: delivered online, with attendees managed by Customer.

Unless otherwise specified below or in the applicable Order Schedule, travel and related expenses of DataStax are included in the price of the Education Services; and the Education Services must be consumed within 365 days of the Effective Date of the applicable Order Schedule, after which they expire.

2.1 Private Classes. If specified in an Order Schedule, DataStax will deliver a class privately to Customer (i.e., permit Customer to decide who attends). Private classes can be either onsite or online. For onsite private classes, Customer will provide adequate classroom facility (including appropriate security access to building, and primary and secondary contact numbers) and systems (including workstation/laptops, network, servers with requisite operating systems, virtual machine software, internet access, and any other items specified in the applicable course description). Customer shall not permit anyone other than its employees or authorized contractors to attend its onsite or online private classes.

2.2 Public Classes. Customer will be responsible for all transportation, lodging and other travel related arrangements and expenses of its attendees at any public class. To attend a public class, each attendee must first register online. If the class is full, the attendee may ask to be placed on the waitlist. If a seat become available, DataStax will enroll the attendee in the order of the waitlist and notify the attendee of the enrollment. Within three days of receiving notice of enrollment, a previously-waitlisted attendee may cancel enrollment by sending an email to trainingcoordinator@datastax.com. Thereafter the standard cancellation policy will apply.

2.3 Rescheduling. To reschedule a class (whether private, public, onsite or online), Customer must send an email to trainingcoordinator@datastax.comaand pay the following charges:

  • if rescheduled 10 business days or more prior to class start date: no charge
  • if rescheduled 5 – 10 business days of class start date: 50% of class enrollment fees
  • if rescheduled less than 5 business days prior to class start date: 100% of class enrollment fees

DataStax may cancel or reschedule a class without penalty by notifying Customer (and/or each Customer attendee registered in the class) via email at least 10 business days prior to the class start date. If canceled and not rescheduled, DataStax will refund the applicable prepaid enrollment fees. Customer will have the option to enroll in another class at a future date.

2.4 DataStax Education Courseware. Customer acknowledges that any courseware made available by DataStax, including for example training guides and virtual machines (collectively, “Education Courseware”), is intended for use by the person attending the class, and Customer shall not reproduce, record, repurpose, distribute or modify such Education Courseware without the written permission of DataStax.

2.5 Training Units. Training units may be exchanged for the Public and Private Classes described in this Section 2 (“Training Units”). Customer may purchase Training Units from DataStax by executing an Order Schedule. Training Units must be utilized within 365 days of the Effective Date of the applicable Order Schedule, after which they expire. Training Units are considered utilized when DataStax has delivered a private class or when DataStax has delivered the public class registered for by Customer.

2.5.1 Training Units maybe exchanged for Education Services according to the following table:

Class Offering Training Units Required
Public Class 1 per registrant per day
Private Class 10 per day of class

3. Other Services

Outside of the Service Packages, DataStax may provide other services as specified in an Order Schedule. Unless otherwise specified in the Order Schedule, (1) where a number of days is specified, each partial day will count as a full day, and any single day that lasts more than 10 hours will count as two days; (2) in addition to the 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 (and Datastax will follow Customer’s applicable written expense reimbursement policies and guidelines provided to DataStax in advance); and (3) the right to Services described in any Order Schedule or these Service Terms will expire in accordance with the time period specified therein or 365 days after the Effective Date of the applicable Order Schedule, whichever is earlier

Customer may reschedule a service delivery appointment up to five days prior to the appointment without additional charge. Customer will be responsible for 50% of the value of any services rescheduled on less than five days notice (for prepaid services, 50% of the value of the services will be forfeit; and, for services invoiced upon delivery, 50% of the services will be considered delivered and will be invoiced).

DataStax provides all consulting services at the daily rate specified in the applicable Order Schedule. If no rate is stated in the Order Schedule, the base rate per day for additional Services shall be the standard then-current rate charged by DataStax. Unless otherwise specified in an Order Schedule, DataStax shall have no obligation to deliver Services during US Thanksgiving weekend, or on other generally-observed holidays in the location of service delivery.

4. General Service Terms

4.1 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; (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; and (4) 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.

4.2 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. DataStax grants Customer a perpetual, fully-paid up, nonexclusive license to use, for Customer’s internal business purposes, any DataStax Materials or work product (excluding the Software and Education Courseware) delivered to Customer as part of the Services. 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.

4.3 Disclaimer. Notwithstanding any other provisions, the Services shall not include any application or code development. Further, while DataStax will make the appropriate recommendations with the information then-available, DataStax cannot make any performance guarantees. DataStax cannot guarantee that all of the recommendations can be completed during the time allotted but 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.

4.4. Non-Solicitation. During the term in which Services are being provided, Customer shall not directly or indirectly recruit, solicit, or assist in the recruiting or soliciting for employment (including as a consultant) any technical or professional employees or contractors of DataStax personally involved in the Services within the preceding six months. This provision shall not prohibit the placement of mass media advertisements, utilization of non-targeted third party recruiting efforts, or conduct of job fairs for the purpose of recruiting employees generally. This provision also shall not prohibit the hiring of any person in the absence of solicitation in violation of this paragraph; provided, however that if Customer hires any employee or contractor described in the first sentence of this paragraph, then Customer shall pay a hiring fee of $100,000 to compensate DataStax for, among other things, the cost of sourcing and training a replacement.

4.5 Amendments. Except as expressly provided herein, no modification of these Service Terms will be effective unless contained in writing and signed by an authorized representative of each party. From time to time, DataStax may amend these Service Terms in its sole discretion. DataStax will post the amended terms on the DataStax website at www.datastax.com/service-terms. DataStax will also update the “Last Updated Date” at the top of these Service Terms. By continuing to access or use the Services after DataStax has provided Customer with such notice of a change, Customer is indicating that it agrees to be bound by the modified Support Policy. If the changes have a material adverse impact on and are not acceptable to Customer, then Customer must notify DataStax within 30 days of the applicable Last Updated Date. If DataStax cannot accommodate Customer’s objection, then the prior Service Terms shall govern until the earlier of completion or expiration of the Services purchased by Customer. If Customer purchases additional Services, then such Services will be governed by the then-current Service Terms.. No term or condition contained in Customer’s purchase order or similar document will apply unless specifically agreed to by DataStax in writing, even if DataStax has accepted the order set forth in such purchase order, and all such terms or conditions are otherwise hereby expressly rejected by DataStax.

 


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