Oracle Business Critical Service for Systems
Applicable Part # B72091
A. Service Definition.
The Oracle Business Critical Service for Systems includes the following services (“BCS for Systems”):
1.
BCS Configuration Document: Oracle will maintain a document that identifies all of your Oracle systems,
servers, and storage components included in this service at your location (“BCS Configuration”). All
systems, servers, and storage components included in your BCS Configuration must meet the eligibility
requirements as described here: http://www.oracle.com/us/corporate/contracts/bcs-product-matrix1927925.pdf
2.
Oracle Advanced Support Gateway: The BCS for Systems service is delivered remotely, except as
otherwise set forth herein, utilizing a gateway. A “gateway” is the computing platform, consisting of the
Oracle Advanced Support Gateway available on My Oracle Support (“MOS”) and a physical or virtual
hardware platform, which hosts Oracle’s fault monitoring tools (e.g., Auto Service Request, Oracle
Configuration Manager and Oracle Enterprise Manager). Oracle will provide the necessary software and
instructions to install the gateway or you may provide Oracle remote access to install the gateway on your
behalf. Once the gateway is installed, Oracle will deploy additional software on the gateway which will be
used to remotely monitor and patch your BCS Configuration. The gateway must be fully installed,
connected and operational in order for you to receive the following service deliverables (defined below):
Fault Monitoring Services, Quarterly Proactive Assessments, and Remote Patch Installation. Any delays
with the installation of the gateway will not result in any service credits as set forth below, and all other
service deliverables will continue to be provided as described herein.
3.
Technical Account Manager. An Oracle Technical Account Manager (“TAM”) will be assigned to you for
the duration of the term. The TAM will serve as your primary contact for the administration of the
following services:
a.
b.
c.
d.
e.
f.
g.
h.
Conduct a preliminary meeting and orientation to review the BCS for Systems service deliverables
and your obligations;
Establish the service delivery plan that includes a patching plan (“Plan”);
Update the Plan and administer any BCS Configuration changes due to additions and/or changes to
the Oracle systems, servers, and storage components covered by this service at your location;
Coordinate delivery of the BCS for Systems deliverables;
Review quarterly service delivery progress reports with you;
Prepare TTR Monthly Reports (as defined below) which documents Oracle’s service level
performance;
Coordinate up to two (2) remote patching events each calendar quarter; and
Remotely review the Quarterly Proactive Assessments.
4.
Priority Service Request (“SR”) Handling. Service requests (“SR”) will be prioritized above SR of the same
Severity Level submitted by Premier Support customers in accordance with Oracle Hardware and Systems
Support Policies, which are available at http://www.oracle.com/us/support/policies/index.html.
5.
On-site Response For All Severity 1 Hardware Faults: Oracle will dispatch a field engineer to assist with the
diagnosis of all Severity 1 issues and prepare for the replacement of any faulty parts.
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6.
On Request On-site Response. Oracle will coordinate up to four (4) requests for every 12 months of your
contract term to provide on-site diagnostic assistance for Severity 2 systems issues (additional Severity 2
on-site requests may be approved at Oracle’s sole discretion).
7.
Quarterly Proactive Assessments: Oracle will deliver up to one (1) configuration review report and one (1)
performance review report per calendar quarter.
8.
Fault Monitoring Services. Oracle will provide fault monitoring of the components of your BCS
Configuration (including the Oracle operating system software), twenty-four hours per day, seven days a
week (“24x7”) to identify events that represent faults (defined below) in the proper functioning of your
BCS Configuration. Each event that causes an unplanned interruption or immediate material reduction in
the quality of performance of your BCS Configuration is referred to as a “fault.” Oracle will determine in
its sole discretion whether an event constitutes a fault. For each fault, Oracle will:
a. Gather additional information pertaining to the fault;
b. Automatically create an SR; and
c. Assign the SR a severity level based on the definitions in the Oracle Hardware and Systems Support
Policies.
9.
Remote Patch Installation. Oracle will install mutually agreed upon patch bundles for your BCS
Configuration up to four (4) times a year for each server included in your BCS Configuration. For the
purposes of this patching service, a server is defined as the physical server and any attached components
and storage units included in your BCS Configuration. Patch bundles will include both operating system
and firmware patches as published by Oracle on MOS. Oracle will proactively schedule with you, up to
two (2) patching events each calendar quarter (as documented in the Plan) which will be utilized to deploy
all prepared patch bundles.
10. Time To Replace (“TTR”) Service Levels: Oracle will use commercially reasonable efforts to replace parts
included in your BCS Configuration within specified targets for any system fault that results in a SR
deemed Severity 1 or Severity 2 in accordance with the Oracle Hardware and Systems Support Policies
(“Time To Replace commitment” or “TTR commitment”). The TTR commitment will be subject to the
target times set forth in the following table:
Severity Level
TTR Target
Achievement Percentage
Severity 1 SRs
Six (6) hours
Severity 2 SRs
Twenty-four (24) hours
> 90% of the time for both
Severity 1 & Severity 2 SRs
The TTR commitment begins when Oracle Support has diagnosed the root cause and determines that it is
necessary to perform the replacement of a piece of hardware or part(s) associated with the SR and ends
once the replacement is installed. The severity level used for the purposes of the TTR commitment is the
actual severity level that was assigned at the time of the diagnosis of the root cause. The TTR
commitment is limited to hardware or part(s) replacement time; and excludes time associated with any of
the following:
i.
Time to reboot and/or restart the system;
ii.
Recovery of any data in the system or on any disks;
iii.
Recovery of a file system that is damaged or corrupted;
iv.
Recovery or restoration of any application or software on the system;
v.
Restoration of any business function;
vi.
Testing of the replacement hardware or part(s); or
vii.
Any material delays resulting from your access policies and/or delays due to improper equipment
accessibility.
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B.
TTR Service Level Agreement.
1. Within ten (10) business days of the end of each calendar month, your Oracle TAM will provide a monthly
report documenting the replacement time for all Severity 1 and Severity 2 issues associated with your BCS
Configuration that result in the replacement of hardware or part(s) associated with the SR (“TTR Monthly
Report”).
2. If Oracle fails to achieve the TTR targets associated with Severity 1 and Severity 2 SRs within the
achievement percentages in an applicable calendar month as defined in Section A.10, Oracle will grant a
service fee credit for such month (“TTR Service Level Credit”). THE TTR SERVICE LEVEL CREDIT WILL REPRESENT
YOUR EXCLUSIVE REMEDY AND ORACLE’S SOLE LIABILITY FOR ALL BREACHES OF ANY TTR COMMITMENT.
3. You must notify Oracle in writing within fifteen (15) business days of receiving the TTR Monthly Report to
request a TTR Service Level Credit. If applicable, the TTR Service Level Credit will be up to ten percent
(10%) of the monthly BCS for Systems services fees associated with your BCS Configuration. The BCS for
Systems service fees are defined as the additional support fees paid above and beyond Premier Support,
and are exclusive of any materials, taxes and expenses.
4. The TTR Service Level Credit will be in the form of a credit either (a) towards your next annual services
renewal; or (b) towards an order for ACS; or (c) if you do not choose (a) or (b), you may request in writing
a refund of the TTR Service Level Credit within twelve (12) months of the issuance of the credit.
5. Your request to apply a TTR Service Level Credit must be received by Oracle within one (1) year from the
date such credit is issued. Any TTR Service Level Credit that remains unused after one (1) year from the
date of issuance shall be forfeited. You may not use the TTR Service Level Credit to pay for materials,
taxes or expenses or to pay for other non-ACS services. A TTR Service Level Credit shall not accrue or
aggregate month to month.
C.
Your Obligations.
You acknowledge that Oracle’s ability to perform the BCS for Systems services and any related estimate
depends upon your fulfillment of your obligations set forth below. Oracle will not be responsible for any
deficiency in performing services if such deficiency results from your failure to provide full cooperation.
1. Maintain the properly configured software and hardware/operating system platform to support the
services.
2. Obtain licenses under separate contract for any necessary Oracle software and hardware programs before
the commencement of services.
3. Maintain annual technical support for the Oracle software and hardware under separate contract
throughout the term of the services.
4. Identify and provide the name and e-mail address for your designated contact, with the appropriate level
of authority, to set priorities, coordinate activities and resolve conflicts between your teams regarding the
services hereunder.
5. Provide Oracle with appropriate access to the systems, servers and storage in your BCS Configuration to
allow Oracle to perform the services.
6. Provide, for all Oracle resources performing services at your site, a safe and healthful workspace (e.g. a
workspace that is free from recognized hazards that are causing, or likely to cause, death or serious
physical harm, a workspace that has proper ventilation, sound levels acceptable for resources performing
services in the workspace, and ergonomically correct work stations, etc.).
7. Provide any notices, and obtain any consents, required for Oracle to perform services.
8. Limit Oracle’s access to any production environments or shared development environments to the extent
necessary for Oracle to perform services.
9. Return all Oracle property used for the delivery of services upon Oracle’s request and in no event later than
fourteen (14) days after the cessation of services.
10. Work with Oracle to facilitate an efficient delivery of services.
11. Provide a server, if applicable, that meets Oracle’s minimum requirements and install the gateway
software application. Oracle’s minimum requirements for the gateway are available at
http://www.oracle.com/us/support/library/advanced-support-gateway-host-reqs-1896462.pdf.
12. Purchase BCS for Systems for any X-Option parts added to a server or storage device that is included in
your BCS Configuration.
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13. Ensure all products that are part of the BCS Configuration are in a datacenter that is located within twentyfive (25) miles of an Oracle Service Center (parts depot). Please refer to the following link for a listing of
Oracle service locations: http://www.oracle.com/us/support/library/service-locations-073430.pdf.
14. Purchase and maintain On-site Spares service for those products in your BCS Configuration that are located
greater than twenty-five (25) miles and within fifty (50) miles of an Oracle Service Center. Oracle will
determine, at its sole discretion, if On-Site Spares are required and such required On-Site Spares shall be
ordered under a separate agreement. Any products located in a datacenter that is greater than fifty (50)
miles from an Oracle Service Center are not eligible for this service.
15. Provide Oracle with timely access to the facility and datacenter where the products included in the BCS
Configuration are located.
16. Except for the proactive patch installations performed by Oracle as described herein, you shall install patches,
upgrades, updates, and/or fixes as recommended by Oracle to maintain the stability of the BCS Configuration
including any operating system upgrades.
17. Provide Oracle with the serial number and/or other identification and entitlement information for the BCS
Configuration in the manner specified by Oracle.
18. If you make any changes to the BCS Configuration that will impact the Oracle tools installed on the BCS
Configuration in any way, you shall notify Oracle of the impending change via the change management
function within the Oracle Advanced Support Portal (the “Portal”). Failure to do so may result in additional
charges for re-implementation of Oracle tools.
19. Remote Patch Installation Obligations
a. Approve all patches to be installed as part of a patching event. The exact timing of each patching
event will be mutually agreed prior to installation and shall be documented in the Portal.
b. Accept installation of at least one patch bundle during the term for each server included in the BCS
Configuration.
20. Except for the patch installation services stated in this section, you are responsible for installation of any and
all operating system upgrades and/or installation of new operating system releases.
21. Network Access Obligations
a. You agree that you will give Oracle access to your systems, servers, and storage covered by the
services, 24x7, using an Oracle VPN integrated into the gateway. You are responsible for the
installation and configuration of the hardware and software components of the gateway, and for
providing the hardware or virtual machine where the gateway will be installed. Oracle may assist
with the installation of the gateway at Oracle’s discretion. The software components of the gateway
will be downloadable from Oracle via MOS.
b. You are responsible for ensuring that your network and systems comply with specifications that
Oracle provides and that all components monitored and patched by Oracle within the BCS
Configuration are accessible through the VPN connection when required. You agree to open ports
and adjust firewall rules to allow appropriate network traffic to pass between the gateway and
Oracle.
22. For services performed on site in the U.S (if any), as required by U.S. Department of Labor regulations (20 CFR
655.734), you will allow Oracle to post a Notice regarding Oracle H-1B employee(s) at the work site prior to
the employee's arrival on site.
D. Project Assumptions.
1. Any Customer Replaceable Units (“CRU”s) included with your BCS Configuration will be subject to the
policies for Oracle Hardware and Systems Support Policies. Regardless of whether the CRU part is
replaced by you or Oracle, the replacement time associated with such CRU will not be subject to the TTR
commitment.
2. Oracle is not responsible for network connections or for issues, problems, or conditions arising from or
related to network connections, such as bandwidth issues, excessive latency, network outages, and/or
any other conditions that are caused by an internet service provider, or the network connection.
3. If the established VPN fails to allow Oracle access to perform the BCS for Systems services, you agree
that Oracle is no longer obligated to deliver the BCS for Systems services.
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4.
5.
6.
7.
E.
All communication (verbal, written and electronic) associated with the delivery of these remote support
services are in English only; there is no local-language support.
During remote patching events, Oracle will use the change management process available in the Portal
to govern the proposed introduction of the change to the BCS Configuration. Oracle will enter a change
request in the Portal during patching which you will be able to view.
Oracle understands that from time to time, you may disable monitoring on the BCS Configuration while
you carry out maintenance or Oracle executes patching. During these time periods, Oracle will attempt
to maintain BCS for Systems services. However, if monitoring is disabled for longer than: (i) twenty-four
(24) hours, (ii) a mutually agreed period of time, or (iii) the VPN is disabled by you, then Oracle reserves
the right to discontinue providing the monitoring component as part of the BCS for Systems services.
All products identified in the BCS Configuration are coterminous (e.g., if you add a product to the BCS
Configuration during the term, such product will be included for the remaining duration of the BCS for
Systems services.).
Global Customer Support Security Practices
1. In providing the BCS for Systems services, Oracle will adhere to the Global Customer Support Security
Practices, which are available at http://www.oracle.com/us/support/policies/index.html. The Global
Customer Support Security Practices are subject to change at Oracle’s discretion; however, Oracle will not
materially reduce the level of security specified in the Global Customer Support Security Practices located
at: http://www.oracle.com/us/support/library/customer-support-security-practices-069170.pdf during
the period for which fees for technical support have been paid.
Please note that Global Customer Support services and systems are not designed to accommodate special
security controls that may be required to store or process certain types of sensitive data. Please ensure
that you do not submit any health, payment card or other sensitive data that requires protections greater
than those specified in the Global Customer Support Security Practices. Information on how to remove
sensitive
data
from
your
submission
is
available
in
MOS
at
https://support.oracle.com/CSP/main/article?cmd=show&type=NOT&id=1227943.1
F.
Term and Termination of Services
1. The BCS for Systems services shall become effective upon the date of delivery of the hardware unless
otherwise stated in your ordering document. The BCS for Systems services, including pricing, reflect a
twelve (12) month term (the “term”), unless otherwise stated in your ordering document.
2.
Upon expiration of the term, Oracle will cease performing services, the VPN connection will be disabled
and you will no longer be able to access the Portal for BCS for Systems services.
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