Přílohy smlouvy č. 2024/172 NAKIT
Přílohy smlouvy č. 2024/172 NAKIT
Příloha č. 4 smlouvy – Tabulka pro kalkulaci nabídkové ceny
Xxxxxxx |
Xxxxxxxxx cena (v Kč bez DPH) |
Hardware a podpora výrobce do 31. 12. 2025 |
58 392 776,00 Kč |
Implementační náklady |
1 200 000,00 Kč |
Poskytnutí součinnosti |
360 000,00 Kč |
Nabídková cena za Xxxxxxx, Implementaci a Podporu výrobce do 31. 12. 2025 |
59 952 776,00 Kč |
Podpora výrobce od 1. 1. 2026 do 31. 12. 2030 |
37 066 266,00 Kč |
Služba zajištění servisní podpory (bez podpory výrobce) po dobu 60 měsíců |
4 118 460,00 Kč |
Doplňkové služby |
4 500 000,00 Kč |
Nabídková cena celkem |
105 637 502,00 Kč |
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Produktové číslo |
Popis |
Dodávané množství do DC 1 |
Jednotková cena za dodávku hardware do DC 1 dle milníku 1.1a v Kč bez DPH včetně zajištění podpory výrobce od poslední dodávky hardware do 31. 12. 2025 v Kč bez DPH |
Cena dodávky hardware celkem do DC 1 (za dodané množství) v Kč bez DPH |
Dodávané množství do DC 2 |
Jednotková cena za dodávku hardware do DC 2 dle milníku 1.1b v Kč bez DPH včetně zajištění podpory výrobce od poslední dodávky hardware do 31. 12. 2025 v Kč bez DPH |
Cena dodávky hardware celkem do DC 2 (za dodané množství) v Kč bez DPH |
Cena dodávky hardware do všech DC celkem (za dodané množství) v Kč bez DPH |
Cena za jeden kalendářní rok poskytování podpory výrobce od 1. 1. 2026 do 31. 12. 2030 v Kč bez DPH (za všechny DC) |
Cena za poskytování podpory výrobce v celém období od 1. 1. 2026 do 31. 12. 2030 v Kč bez DPH |
Cena za jeden kalendářní měsíc poskytování služeb servisní podpory (bez podpory výrobce) v Kč bez DPH (za všechny DC) |
Cena za 60 měsíců poskytování služeb servisní podpory (bez podpory výrobce) v Kč bez DPH |
Load balancery a WAF |
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DC1(2)-LB |
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- Kč |
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- Kč |
- Kč |
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- Kč |
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- Kč |
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F5-VEL-BTA-CX410-AC |
VELOS CX410 Best Bundle Chassis (8 Slots, 2 System Controllers, 2 AC Power Supplies) |
2 |
4 390 730,00 Kč |
8 781 460,00 Kč |
2 |
4 390 730,00 Kč |
8 781 460,00 Kč |
17 562 920,00 Kč |
2 228 043,60 Kč |
11 140 218,00 Kč |
20 630,00 Kč |
1 237 800,00 Kč |
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F5-VEL-BTA-BX110 |
VELOS BX110 Blade for CX410 Best Bundle Chassis |
8 |
2 309 618,00 Kč |
18 476 944,00 Kč |
8 |
2 309 618,00 Kč |
18 476 944,00 Kč |
36 953 888,00 Kč |
5 185 209,60 Kč |
25 926 048,00 Kč |
48 011,00 Kč |
2 880 660,00 Kč |
Náhradní a rozšiřující díly a lLicence pro všechna zařízení v tomto listu |
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- Kč |
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- Kč |
- Kč |
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- Kč |
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- Kč |
SFP moduly pro všechna zařízení v tomto listu |
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F5-UPG-VEL-QSFP+SR4 |
VELOS QSFP+ 40GBASE-SR4 Transceiver (100 m, Field Upgrade) |
16 |
82 580,00 Kč |
1 321 280,00 Kč |
16 |
82 580,00 Kč |
1 321 280,00 Kč |
2 642 560,00 Kč |
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- Kč |
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- Kč |
F5-UPG-QSFP+-3M-2+ |
VIPRION & BIG-IP QSFP+ to 4 x SFP+ Optical Breakout Cable (2-pack, 3 m) |
8 |
77 088,00 Kč |
616 704,00 Kč |
8 |
77 088,00 Kč |
616 704,00 Kč |
1 233 408,00 Kč |
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Celkem - Hardware a podpora: x x 29 196 388,00 Kč x x 29 196 388,00 Kč 58 392 776,00 Kč 7 413 253,20 Kč 37 066 266,00 Kč 68 641,00 Kč ##############
1) Názvy skupin zařízení odpovídají názvům záložek v SoC dokumentu.
Popis1) |
Cena bez DPH |
Milník 4.1a (součástí ceny je tvorba Realizačního projektu) |
240 000,00 Kč |
Milník 4.1b |
240 000,00 Kč |
Milník 4.2a |
360 000,00 Kč |
Milník 4.2b |
360 000,00 Kč |
Celkem - Implementační náklady: 1 200 000,00 Kč
1) Přehled akceptačních milníků je uveden v kap. 1.9 Technického projektu II
Popis1) |
Cena bez DPH |
Milník 5 |
180 000,00 Kč |
Milník 6 |
180 000,00 Kč |
Celkem - Součinnost 360 000,00 Kč
1) Přehled akceptačních milníků je uveden v kap. 1.9 Technického projektu II
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Popis |
Předpokládané množství člověkodní |
Jednotková cena za jeden člověkoden poskytování služby v Kč bez DPH |
Cena celkem (za předpokládané množství) v Kč bez DPH |
Služba_1 - Ad-hoc technických konzultací |
Technické konzultace - v rozsahu a dle specifikace uvedené v bodě 1.8.5 Technického projektu II. |
150 |
10 000,00 Kč |
1 500 000,00 Kč |
Služba_2 - Ad-hoc technických konzultací rozvoje |
Technické konzultace rozvoje systému CMS - v rozsahu a dle specifikace uvedené v bodě 1.8.6 Technického projektu II. |
50 |
10 000,00 Kč |
500 000,00 Kč |
Služba_3 - Pravidelné preventivní prohlídky (profylaxe) |
Pravidelné preventivní prohlídky - v rozsahu a dle specifikace uvedené v bodě 1.8.7 Technického projektu II. |
200 |
10 000,00 Kč |
2 000 000,00 Kč |
Služba_4 - Služby Exitu a tvorby exitového plánu |
Poskytnutí služeb Exitu a tvorby exitového plánu v rozsahu a dle specifikace uvedené v čl. 11 Smlouvy. |
50 |
10 000,00 Kč |
500 000,00 Kč |
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Celkem - Služby: |
4 500 000,00 Kč |
Příloha č. 10 smlouvy – Podmínky podpory výrobce
F5 Maintenance Terms and Conditions
Agreement. Subject to customer's ("Customer") payment of applicable maintenance and support fees ("Fees"), FS agrees to support, maintain, repair or replace the Product(s) properly registered and entitled subject to these terms and conditions ("Agreement"). Ali references to "FS" in this Agreement will be deemed to be a reference to the applicable FS entity as follows: (i) if the Customer's primary place of business is located in the European Economic Area, the Middle East or Africa ("EMEA"), the FS entity is FS Networks Ltd.; (ii) if the Customer's primary place of business is located in the Asia-Pacific region ("APAC"), the FS entity is FS Networks Singapore Pte Ltd; and (iii) if the Customer's primary place of business is located in a region outside of EMEA or APAC, the FS entity is FS Networks, Inc. By accessing FS support services in any way, Customer agrees to be bound by the terms and conditions below.
Term. Services under this Agreement will commence on the earlier of (i) (90) days after the date the Product is shipped from the manufacturing facilities of FS, or (ii) the date the covered Product is activated with FS, or (iii) if FS has no record of license activation, Service will begin on the ship date and no service extensions will apply ("Commencement Date"). Services will automatically renew for additional one year terms upon submission of a purchase order for renewal, unless either Customer or FS provides written notice of termination at least 30 days prior to the end of any such term ("Renewal Term"). ln the event that Customer accesses FS support services in any way after this Agreement has expired or been terminated, Customer will continue to be bound by this Agreement, including without limitation Sections 4, 1O, and 11, which will continue to apply to the services after such expiration or termination. Each renewal will be at FS's then-current rate. Services pricing will be charged for all FS Product platform and add-on software purchases. The total service price will be calculated as a percentage of total list prices, appropriate to the level of service purchased. Either party may terminate Customer's FS support services under this Agreement upon 30 days' notice in the event of a material breach by the other party of this Agreement, provided such breach is not cured by the end of such 30 day period.
FS's Obligations.
FS will provide telephone support for any Product covered by this Agreement. Such support will consist of responding to trouble calls in accordance with the requirements set out in Appendix A to make the Product perform as described in the current Product specifications. Customer support will be provided in accordance with FS's support policies which are available at xxx.xX.xxx/xxxxx/xxxxxxxxxx-xxxxxxxx.
FS will also provide the additional Deliverables described in Appendix Bto this Agreement.
Customer is entitled, at no charge, to updated versions of covered Products, such as bug fixes and new releases that are generally made available at no additional cost to FS's customers that have ordered maintenance services for the relevant time period. The foregoing right shall not include any options, upgrades or future products which FS or third party vendors charge for as a separate product or where Customer's installed hardware platform has no further upgrades available according to either (i) the applicable FS software release notes provided with each release and also available for review via the Ask FS service or (ii) a written end-of-life announcement communicated to Customer by FS. FS is not obligated to provide hardware upgrades to ensure compatibility with new software versions of its products or to ensure that new software versions of its products are compatible with outdated hardware platforms.
FS will, at its option, repair or replace any Product or component that fails during the term of Customer's support agreement at no cost to Customer, provided that Customer contacts the FS technical support center to report the failure and complies with FS's return policies. Products returned to FS must be pre-authorized by FS with a Return Material Authorization (RMA) number marked on the outside of the package, and sent prepaid, insured and packaged appropriately for safe shipment. Only packages with RMA numbers written on the outside of the shipping carton and/or the packing slips and shipping paperwork will be accepted by FS's receiving department. Ali other packages will be rejected. A replacement Product or component will be shipped from FS's USA operations to the Customer on the next business day following FS's confirmation of the failure of the originaI Product or component via remote troubleshooting and receipt from the Customer of the RMA Template containing Customer provided delivery and system configuration information (Note: there are international exceptions). Customer will return the failed Product or component to FS under the RMA number issued by FS upon receipt of the replacement. FS may invoice the Customer for any failed Products or components (a) with respect to which the damage to such Products or components is attributable to actions taken by Customer or any of its agents (including but not limited to the categories set forth in Section 4 below); or (b) not returned within ten (1O) business days of shipment of the replacement unit(s) (c) Product not returned in the original packaging box or the replacement unit packaging that causes undue damage to the unit. Title to any returned Products or components will transfer to FS upon receipt. FS will be responsible for all freight charges for returned Products or components provided Customer uses FS designated carrier. FS will replace defective media or documentation or, at its option, undertake reasonable efforts to modify the software to correct any substantial non-conformance with the specifications.
ASK FS is a 24-hour, 7-day-a-week online service that allows Customers to receive rapid answers to FS Product and service-related questions. Customers simply type a question into their Web browser; ASK FS responds to the query. ASK FS is also fully integrated with FS's technical support center, allowing Customers to quickly communicate on-line with support staff who are experts in FS Products. FS provides ASK FS online support services at no charge during the term of this Agreement, provided that Customer must register to obtain a user name and password in order to access the Ask FS services.
1
F5 can use remote access tools to view a specific troubleshooting instance. When accessing Customer systems:
F5 will access Customer's syslem only upon Customer request. F5 will not take control of the remote access session, bul instead will guide the Customer through executing commands, gathering data, making configuration changes or other actions as may be necessary.
F5 recommends lhal the Customer create backup copies of configuration files before any work is performed.
Any recommended changes must be validated by the Customer and, where possible, will first be made on a stand-by unit.
F5 will make use of security shred bins for all sensitive Customer information lhal may be written on paper. lf remote access is not an available option, il will take significantly longer to identify and resolve the outstanding incident.
F5 specifically disclaims any and all support or repair obligation wilh respect to any application lhal has not undergone feature-set approval and F5's QA process for feature integration (a "Non-Supported Application"). Customer acknowledges lhal if a new support case is created in accordance with F5's support process where the issue is suspected to be, or is found to be, attributable to a Non-Supported Application, F5 may elect one of the following options, al its sole discretion:
Remove the Non-Supported Application, following consultation with Customer, in order to continue to resolve the issue; or
Cease work on the case and recommend lhal Customer remove the Non-Supported Application from the F5 Product in order to continue toward resolution.
lf the F5 Product continues to function improperly or if the issue persists due to the Non-Supported Application, F5 will cease all support efforts on the case. The parties will then cooperate to develop a mutually satisfactory "for-fee" arrangement for continuing work on the issue.
Restrictions. Services provided by F5 under this Agreement are limited to the covered Product and are contingent upon the Customer's proper use of the Product in the application for which it was designed. F5 will not be obligated to provide any service or to correct any malfunction, damage or other problem if the Product: (a) has been altered, except by F5 or an F5-designated representative or in accordance with F5 instructions, (b) has not been installed, operated, repaired, or maintained in accordance with F5 instructions, (c) has been subjected to abnormal physical or electrical stress, misuse, negligence or accident, (d) has been operated outside of the environmental specifications for the Product or (e) is related to configuration of Customer's network beyond lhal necessary to the use or installation of F5 Products. F5 reserves the right to limit or terminate development support (including error correction services) of any Product version one (1) year after the date of release of a subsequent Product version in accordance with its end of life policies (available through AskF5). The foregoing restriction shall apply even if Customer elects to install a Product version other than the then-currently shipping version of the Product.
Recertification. Requests for maintenance on Products purchased from sources other than an F5 VAR or directly from F5 (i.e. used or purchased from an online auction), or where maintenance has lapsed on the Product for more than 180 days, will first be subject to an inspection by a representative of F5 al the rate of $10,000 USD per unii ($20,000 USD for redundant syslems) payable to F5 Networks. The inspection will determine if the unit is al a maintainable state and eligible for coverage.
Once the unii has passed inspection, a F5 support services and additional services may be purchased al the current published rates.
Prices and Payment. Fees for the initial or any subsequent term of Customer's support agreement will be due and payable net 30 days from date of invoice. Ali payments to F5 Networks will be made in US dollars. F5 may accept payment in any amount without prejudice to its right to recover the balance of the amount due or to pursue any other right or remedy. No endorsement or statement on any check or payment or in any lelter accompanying a check or payment or elsewhere will be construed as an accord or satisfaction. Overdue payments may be charged interes! al the lesser of 1.5% per month or the maximum interes! allowed by law. lf F5 is required to retain a collection agency or attorney to collect overdue payment, all reasonable collection costs, including attorney fees, will be payable by Purchaser.
Lapsed Service Fee. lf Customer purchases an annual Maintenance Agreement for a Product where maintenance has lapsed on the Product by up to 180 days, Customer will be charged a "Lapsed Service" fee al the rate of $2,000 USD in addition to the then-current standard maintenance fee pro-rated for the time period during which no maintenance was in effect.
Expedited RMA Services (Limited Availability Area). Where Customer has purchased an Expedited RMA service, the terms of this Section 8 will also apply. Products covered under any of these services must be covered under current F5 support services under this Agreement. Expedited RMA service purchased by Customer will be available fifteen business days after the receipt and acceptance of the purchase order for service and the Customer's completed Expedited RMA Service paperwork, providing full hardware configuration to be supported and accurate installation address of Product (template provided by F5 Sales). F5 will make a reasonable effort to match the current configuration of the supported hardware. However, it is the Customer's duly to notify F5 in writing of any hardware configuration changes or changes to the Product location covered by this agreement. F5 requires ten business days to implement necessary changes to support
the new configuration and/or location, and will be subject to Availability Area. lf change notification is not made, F5 will take responsibility for the configuration and location on file at F5 only. Notification regarding physical moves of appliances must be made via email to XXXxxxxxxx@X0.xxx.
4 Hour RMA Services: For Customers with Products deployed within the F5 Four Hour RMA Availability Area (the Availability Area) as posted at xxxx://xxx.x0.xxx/xxxxx/xxxxxxxxxx-xx0xxxxx/, F5 will make a commercially reasonable effort to deliver a Replacement unit within 4 hours of an F5 determination that a Replacement unit is needed and receipt from the Customer of the completed RMA Template containing Customer provided delivery and system configuration information. Customer acknowledges and agrees that the Replacement unit may be delivered with a different System Software version !han the version installed on the failed unit. For Customers with units that are not within the Availability Area or who otherwise do not meet the criteria listed for F5 Four Hour RMA Availability, F5 will use commercially reasonable efforts to deliver a replacement unit as soon as practicable.
The four hour period will be defined by the business hours covered by Customer's current F5 support services under this Agreement. Accessories such as optical modules and cables and mechanical items such as rail kits, latches, and bezels are not covered by Expedited RMA Services. Limited parts, including ARX batteries, are not covered by Expedited RMA Services for safety and regulatory reasons and will be subject to F5's standard RMA processes. Please contact Customer's F5 representative for further details.
Provided the Customer technical contact completes the RMA Template, for Customers lhal purchase the Expedited 4 Hour RMA with Technician Service (Limited Availability Area), the technician, working under the direct supervision of a remote F5 Network Support Engineer, will:
Remove and replace the failed unit;
Load the F5 Manufacturing Released System Software version on the Replacement unit that most dosely matches, without exceeding, the System Software version on the failed unit;
Activate the License on the Replacement Appliance where applicable.
The Customer understands and agrees that execution of the three steps above requires the Customer to provide a site escort for the Technician as well as high speed internet access and telephone connectivity both in reasonable proximity to the work area.
The technician will not:
Troubleshoot;
Apply Hot Fixes or software patches;
Upgrade software;
Make changes to the environment;
Restore the configuration, create a basic configuration, or perform any other configuration activity
Fulfill requests made by the Customer's on-site representative.
Taxes and Other Charges. Ali charges are exclusive of all foreign, federal, state, municipal, or other government excise, duly, sales, use or occupational taxes or charges now in force or enacted in the future, and therefore are subject to an increase equal in amount to any taxes or charges F5 may be required to collect or pay upon the services performed or materials provided hereunder whether during the service coverage period or otherwise.
1O. Limitation of Liability and Disclaimer of Warranty. F5 sole obligation and liability hereunder is for the service and repair of the Products covered under this Agreement. F5 will have no further obligation or liability beyond such service and repair. IN NO EVENT WILL F5 BE LIABLE FOR ANY DAMAGE RESULTING FROM LOSS OF USE, DATA, PROFIT, OR BUSINESS, OR FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHETHER ARISING FROM AN ACTION OF CONTRACT, TORT OR OTHER LEGAL THEORY. F5 LIABILITY FOR DAMAGES FOR ANY CAUSE, WHATSOEVER, AND REGARDLESS OF THE FORM OF ACTION (IN CONTRACT OR TORT) WILL BE LIMITED TO THE SERVICE FEE ACTUALLY PAID UNDER THIS AGREEMENT. F5 DISCLAIMS ALL WARRANTIES HEREUNDER, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR PARTICULAR PURPOSE OR USE.
General Provisions.
Non-Assignment and Non-Transferability: Customer may not transfer its F5 support services under this Agreement to a third party without F5 prior written consent. F5 support services entitlement under this Agreement is not transferable between Products or Customers. F5 support services under this Agreement cannot be transferred from one Product to provide coverage on another Product, unless this transfer is in connection with an RMA replacement. F5 support services under this Agreement do not transfer with Product title transfers between Customer and any third party without the prior written consent of F5 and payment of a re-certification fee.
Force Majeure. F5 will exercise reasonable efforts to meet its obligations hereunder, but will not be liable or in default under this Agreement dueto the delays in delivering materials or furnishing services resulting from any cause beyond its reasonable control including, but not limited, to acts of God, weather, strikes, labor disputes, transportation difficulties, and/or any other cause whatsoever.
Governing Law. This Agreement will be governed and construed in accordance with the following governing law ("Governing Law") depending on the applicable F5 entity who is a party to this Agreement, without regard to its choice of law rules, and the exclusive jurisdiction for any action relating to this Agreement shall be in the appropriate courts of the venue ("Venue") set forth opposite the applicable F5 entity:
Entire Agreement. This Agreement together with Appendices A and B constitutes the entire agreement between the parties relating to the subject matter hereof and supersede all proposals, understandings, or discussions, whether written or oral, relating to the subject matter of this Agreement and all past dealing or industry custom. No modification of this Agreement shall be effected by the Customer's use of any order form, purchase order, acknowledgement or other form containing additional or different terms.
F5 Entity:
Governing Law:
Venue:
F5 Networks Singapore Pte Ltd
The laws of Singapore
Singapore
F5 Networks Ltd.
The laws of England and Wales
London, England
F5 Networks, Inc.
The laws of the State of Washington
Seattle, Washington
Appendix "A" Service Level Appendix
SP ESSENTIALS SERVICE
This Appendix A to the Agreement applies only to the SP Essentials Service. Any terms not defined in this Appendix A will have the meaning attributed to them in the Agreement.
DEFINITIONS
"Business Day/Day/day" means a working day that is not a weekend or a public holiday at the location where the Services are provided.
"Contract Year" means twelve (12) consecutive months from the Commencement Date and each Renewal Term, as applicable.
"Customer Network" means all hardware, software, data storage and transmission facilities deployed or maintained by Customer, its affiliates, vendors, agents or representatives that constitute the Customer's computer network and are used by Customer in connection with the Products.
"Hardware" means FS proprietary hardware products.
"List Price" means the total aggregate list price fees for the SP Essentials Service purchased by Customer for all Products in a Contract Year based on F5's price list for the applicable country of sale for the Contract Year.
"Problem" means one of the problems identified in the table in Section 2c.
"Product" means Hardware and Software (excluding FS SOC hardware and software) covered under a current SP Essentials Service Agreement.
"Required Data Elements" means the required data in F5's Solution Number SOL K135 set out at, xxxxx://xxxxxxx.x0.xxx/xxx/xxxxxxx/X000.
"lnitial Response Time" means the time at which FS acknowledges Customer's notification of a problem.
"Restoration" means that FS has provided a temporary solution to Customer such that the applicable Product is operating substantially in accordance with the published specifications.
"Resolution" means that a permanent solution to the problem has been provided to Customer.
"Root Cause" means the known factor(s) that caused a nonconformance in the FS Product
"Severity Level" means one of the severity levels described in Section 2c below as determined by FS in respect of a Problem.
"Software" means (i) System Software and (ii) any FS software that constitutes an FS product that runs on Hardware or commercially available third party hardware.
"System Software" means the FS core operating software installed within the FS Product
SERVICE LEVELS
FS will meet the Service Levels set out in Part B below when the conditions set out below have been met.
I. Service Levels will only apply to Products (i) that are covered by a current SP Essentials Service Agreement for which Customer has paid all applicable SP Essentials Service Fees; (ii) operating in a production environment and in a high availability redundant pair configuration; and (iii) that were installed and configured by FS or properly installed and configured in accordance with FS's instructions or reviewed and approved by FS; and (iv) that are operating on a supported maintenance release of the System Software and/or Hardware;
li. Ali service requests must be reported directly to FS's support phone numbers found at xxxxx://xxx.x0.xxx/xxxxxxx/xxxxxxx/xxxxxxxx-xxxxxxx#xxxxxxx-xxxxxxx
Service Levels will not apply to problems that arise from any of the following occurences:
downtime for scheduled activities such as software updates and maintenance and upgrades to the Products;
events caused by any act or omission of Customer, its vendors, agents or representatives or any third party;
failure or malfunction of services provided directly or indirectly by Customer or any third party engaged by Customer to provide services to Customer;
failure or malfunction of any third party equipment or, software;
power outages, natural disasters, data communication failures and any other cause outside of F5's control;
problems resulting from Customer's failure to use the most current System Software for a Product that could have been avoided or mitigated by the use of the most current version of the System Software.
F5 will respond to and resolve Customer's Problems in accordance with the following service levels ("Service Levels").
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Severity Level**
Description of
Problem
lnitial
Response Time Service Level
Restoration Time Service Level
Severity 1 Gase to be raised by phone
Your Product are
preventing the execution of critical business activities. The Product will not power up or is not passing traffic.
Securit issue - Critical business impact due to an attack or vulnerability.
Thirty (30) minutes
from F5's timestamp case acknowledgement until F5's response to the Customer from the support engineer.
Restoration time is within five (5) hours
from F5's receipt of the Required Data Elements from Customer excluding time required for the delivery of replacement Hardware and any time taken to install or commission new/replacement Hardware.
Final written statement of Root Cause (or Service Restoration report where Root Cause is not available), within 15 Days of the last Resolution timestamp in F5's case system
Severity 2 Gase to be raised by phone
Your Product is
preventing or significantly impairing high level commerce or business activities. The Product is in degraded state that places
Customer Network or commerce at risk.
Thirty (30) minutes
from F5's timestamp case acknowledgement until F5's response to the Customer from the support engineer.
Restoration time is within forty eight (48)
hours from F5's receipt of the Required Data Elements from Customer excluding time required for the delivery of replacement Hardware and any time taken to install or commission new/replacement Hardware.
Security issue - Severe business impact due to an attack, vulnerability, compliance, or data at risk.
Final written statement of Root Cause (or Service Restoration report where Root Cause is not available), within 15 Days of the last Resolution timestamp in F5's case system
Severity 3
Your Product has
degraded service or functionality for normal business or commerce activities. Customer Network traffic through the Product is causing some applications to be unreachable, or operate in a diminished capacity.
Security
i - Potential or partial business impact related to mitigation, audit results or vulnerability.
Four (4) hours from
FS's timestamp case acknowledgement until FS's response to the Customer from the support engineer.
Restoration time is within six (6) weeks from FS's receipt of the Required Data Elements from Customer excluding time required for the delivery of replacement Hardware and any time taken to install or commission new/replacement Hardware.
Severity 4
Questions regarding configuration "how to" and troubleshooting non-critical issues.
By the end of the
Next Business Day following FS's receipt of a phone call from
Customer.
Not Applicable
Security issue - General security related questions and/or concerns which are not related to an immediate need.
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** FS, with information from Customer, shall determine the Severity Level of a Problem in its reasonable discretion. Some conditions may not meet the requirements of any Severity Level and may not require or justify a Restoration.
Minimum Service Levels in any Contract Year and Service Credit(s)
I. lf, in any Contract Year, FS fails to meet the Service Levels set out above in at least 90% ofthe total number of cases raised per Severity Level, FS will provide Customer with the following service credit in respect of fees payable by Customer for future FS Maintenance Services ("Service Credit").
li. The Service Credit shall be a percentage of the List Price calculated in accordance with the table set out below ("Service Credit Percentage").
Ill. The total aggregate Service Credit(s) payable to Customer in any Contract Year shall not exceed 5% of the List Price ("Annual Service Credit Cap").
The total aggregate Service Credit(s) payable to Customer in any Contract Year for any Severity Level shall not exceed the Severity Level Service Credit Cap.
Customer agrees that the Service Credit(s) will be its sole and exclusive remedy for any failure of F5 to meet the Service Levels.
Any Service Credits must be used within twelve (12) months of date of issue ("Credit Expiry Date"), after which they will expire and have no residua! value.
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Percentage of
Service Levels met in respect of all Problems per Severity Level in a Contract Year
Severity Level
Delay Unit beyond
Restoration Time
% per Delay Unit
Severity Level
Service Credit Cap
<90%
Severity 1
1 hour
0.1
2.5%
<90%
Severity 2
1 day
0.1
1.5%
<90%
Severity 3
1 week
0.1
1%
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For example: The List Price is $100,000 for a Contract Year. lfthere are 10 Severity 1 Problems in that Contract Year, and (i) F5 fails to meet the Service Levels in at least 9 of those 10 Severity 1 Problems and (ii) the total aggregate Delay Units for those Severity 1 Problems is 30 hours, then the Service Credit Percentage would be 30 x 0.1, or 3%. However, as the Severity Level Service Credit Cap for Severity Level 1 Problems is 2.5%, the Service Credit payable for the Severity 1 Problems for that Contract Year would therefore be 2.5% of $100,000 ie, $2,500. A similar calculation would apply to Severity 2 and Severity 3 Problems up to the Annual Service Credits Cap of 5% of $100,000, ie, $5000.
Appendix "B" Additional Deliverables
SP ESSENTIALS SERVICE
This Appendix B to the Agreement applies only to the SP Essentials Service. Any terms not defined in this Appendix B will have the meaning attributed to them in the Agreement.
SP Essentials Service Entitlements Table
No deliverables can be rolled over from one Contract Year to another. Xxx Xxxxxxxxxxxx are expressed per Contact Year. lf you achieve the next Program Tier during a Contract Year, the benefits of the new tier will be pro-rated to ensure you have access to the higher quantity of Deliverables.
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Incident Management
4
8
Unlimited SDM
Tickets per Contract
Year
provided Incident
Management for
Severity 1 and Severity
2 Problems during local
business hours (up to 8
after hour incidents)
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I
* Minimum Spend is the total US list price value of all Products as calculated at the beginning
8
4
4
2
unit) per Contract Year Bug Assessments per Contract Year
Training Passes per
Contract Year
I
I
I
4
10
4
6
4
4
Contract Year
I SP Operating Reports
Consulting Hub Units
('CUs") (4 Hours per
3
2
1
Change Window
Assistance per
I
I
I
US$9M
----
lncluded - Remote Only
I
.l
---
Not lncluded. Add-on package possible for a fee to be mutually
agreed
---
Not lncluded. Add-on package possible for a fee to be mutually
agreed
US$3M
US$1M
I
.1
MhlinTum-sp;"ndpe;- Contract Year* Deliverable
Service Delivery
Manager
Gold
- -
-
Silver
- - - - - -
Bronze
- - -
■
I
I
of each Contract Year. For APAC Customers (excluding Australia and New Zealand Customers), the Minimum Spend is double that of the table shown above,.Incident Management Service
Customers may use the Incident Management Service as long as you have unused "Incident Management" credits remaining in a Contract Year. An incident manager provides service in English only, 24x7 365 days a year, only when a ticket is utilized following the correct F5 administrative process. Service is restricted to the specific service request and Products involved in the specific incident. Service includes opening a conference telecommunications bridge where required, coordinating resources (both technical and management) until service restoration. The Incident Management ticket will conclude upon the completion of a Root Cause Analysis report or where that is not possible, then a Service Restoration Report will be provided in its place. Incident Managers may differ from ticket to ticket. Incident managers may not be retained after the closure of the ticket to review or manage other open service requests the Customer may have.
Change Window Service
Customers may use the Change Window Service as long as there are unused "Change Window" credits remaining in a Contract Year. The Customer must follow the F5 administrative process to request the change a least 7 days in advance of the change. F5 will assign an engineer to review the change and provide comment if necessary however, F5 will only join the change window conference call if the Customer encounters a problem during the change. This service is remote only. F5 strongly recommends that Customers validate all advice provided pursuant to change window guidance from F5 in a non production environment before deploying in a production environment. F5 will not be responsible for any circumstances arising from Customers' failure to do this.
SP Bug Assessment Service
Customers may use the Bug Assessment service prior to a major Software upgrade at any time within a Contract Year as long as you have unused "Bug Assessment" credits. Bug Assessment services may be requested following the F5 administrative process by providing a minimum of 7 days' notice in advance of the required Bug Assessment service.
A Bug Assessment differs from the full Bug Scrub offered by the F5 Premium Plus Service, in that it is not specific to your network configuration but instead provides valuable intelligence on where problems are likely to be based on a "typical service provider" network profile. lt will always be the Customer's own responsibility to determine the best upgrade path and test all information provided in the Bug Assessment before making an independent choice of which version of F5 Software to upgrade to. F5 will have no liability whatsoever for any decisions made by the Customer based upon a "Bug Assessment".
Standard Operating Reports Service
Customers have access to a set of standardized operating reports. These will be created by based on your actual historical data and emailed to your nominated contact on a periodic basis. F5 will not be able to answer specific questions about your reports. The following standard operating reports will be provided:
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-
REPORT FREQUENCY
REPORT TYPE
Quarterly
Service Request (Case) Report (QTY, Sev, Product, TTR)
Quarterly
RMA HW report (QTY, On Time Delivery)
Adhoc
Security Report Notification (CVEs)
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Training Pass
F5 has a subscription-based training program which allows a user to gain access to a F5 training delivered in smaller, more consumable modules, from the user's desk. Each Training Pass will be issued to a single named individua! nominated by the Customer and cannot be shared or provided to multiple users.
SP Consulting Hub Service
ln each Contract Year, Customers will be provided with a set number of remote consulting units ("CUs"). These CUs will be delivered remotely in minimum 4-hour blocks. The CUs may only be used for the following activities on F5 products and services:
Q&A
System health checks (logs and stats review)
Real time remote attendance during scheduled change windows Post implementation monitoring
Software upgrade assistance Assistance with lab setup
Basic iRules development (6 lines or less)
Common Vulnerabilities and Exposures ("CVE") discussion Version upgrade review
Should Customers request activities that are not set out above, F5 will evaluate these requests and may at its discretion agree or refuse to conduct such requested activities. ln any event, CUs may not be used to perform any of the following activities, for which a separate, chargeable statement of work must be executed:
High Level, Low Level Design Development lmplementation Services or Staff Augmentation Advanced iRules development
Requests for out-of-business hours work Any work requiring onsite consulting Requests for documentation creation
Requests for product training or custom knowledge transfer services
The number of CUs nominated by a Customer for any particular engagement may not provide sufficient time to address all the topics requested by Customer. Once nominated CUs have been exhausted, the engagement will cease.
Additional conditions for utilization of CUs.
FS does not assume any responsibility for any third-party products, programs or services, their performance or compliance with Customers' needs or purposes, or otherwise.
Dueto the interaction of multiple elements (eg security, performance and business objectives), FS strongly recommends that Customers validate all advice provided pursuant to the SP Consulting Hub Service in a non-production environment before deploying in a production environment. FS will not be responsible for any circumstances arising from Customers' failure to do this.
CUs will only be delivered in English.
CUs must be scheduled in advance in accordance with FS's administration process.
The assigned FS resource will not work more eight (8) hours in a single business day without FS's prior written approval. Throughout the delivery of the SP Consulting Hub Service, the FS assigned resource(s) are subject to change.
SP Service Delivery Manager (Gold Tier only)
The SP Service Delivery Manager ("SP SDM") is a special offering only for Gold Program Tier Customers. The SP SDM is assigned to your account on a remote basis in English only, and is available in your local time zone during the working week and during business hours. After hours you still have access to the High Urgency Incident Management service up to 8 times in each Contract Year. These will not be provided by your SP SDM but rather by the Incident Response team. ln these after-hours situations, the service will be provided by resources in one of the other FS geographies.
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Objednatel
V Praze dne dle data el. podpisu
Dodavatel
V Praze dne dle data el. podpisu
.....................................................................
xxx
xxx
Národní agentura pro komunikační a informační technologie, s. p.
........................................................................
Xxx
Xxx
TresTech s.r.o.
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Veřejné informace