| Service Limitations |
Services provided within the scope of one Proactive Care support contract are restricted to the IT environment under the direct day-to-day management of one IT manager, in one country. Unless otherwise specified or arranged, proactive and consultative services are performed during standard HP business hours. Except as otherwise noted in this document, the scope of HP Proactive Care Service is limited to the products under the Proactive Care support contract. Scope of products covered: This service is available for selected servers, software, storage devices, storage arrays, network devices, and storage area networks only, as noted at the following website: www.hp.com/go/proactivecaretechnology The features of this service may differ, or be limited, based on specific devices or software. Please check with an HP sales office for specific limitations and local availability General limitations: The HP account team will provide the required proactive deliverables during HP standard business hours, standard business days, either remotely or onsite, at the discretion of HP. Support outside standard business hours is purchased separately and is subject to local availability. HP retains the right to determine the final resolution of all service requests. HP does not act in the capacity of nor take on the responsibility of an insurer of security, and states that no security provides absolute protection. While these services represent HPs efforts at security, rendered in accordance with industry best practices, no security can provide guaranteed protection. The following activities are excluded from this service: Services required due to failure of the Customer to incorporate any system fix, repair, patch, or modification provided to the Customer by HP Services that, in the opinion of HP, are required due to unauthorized attempts by non-HP personnel to install, repair, maintain, or modify hardware, firmware, or software Operational testing of applications, or additional tests requested or required by the Customer Services that, in HP's opinion, are required due to improper treatment or use of the products or equipment Services required due to failure of the Customer to take avoidance action previously advised by HP Backup and recovery of the operating system, other software, and data Hardware call-to-repair commitment: It may take up to 30 days from the Customers initial purchase date or the date the system arrives, whichever is longer, to set up and perform the audits and processes that must be completed before the hardware call-to-repair time commitment is in full effect. During this initial 30-day period and for up to 5 additional business days after the audit is completed, HP will provide the Customer with support with a 4-hour onsite response time. Hardware call-to-repair time options are specified in the Service feature highlights section (see table 3). All call-to-repair times are subject to local availability. Contact a local HP sales office for detailed information on availability. The hardware repair time commitment may vary for specific products. A call-to-repair time commitment does not apply when the Customer chooses to have HP prolong diagnosis rather than execute recommended server recovery procedures. If the Customer requests scheduled service, the repair timeframe begins from the agreed-upon scheduled time. At the discretion of HP, service will be provided using a combination of remote diagnosis and support, services delivered onsite, and other service delivery methods. Other service delivery methods may include the delivery via a courier of customer-replaceable parts such as a keyboard, a mouse, certain hard disk drives, and other parts classified by HP as Customer Self Repair parts, or an entire replacement product. HP will determine the appropriate delivery method required to provide effective and timely Customer support and meet the call-to-repair time commitment, if applicable. In the event that a Customer Self Repair part is provided to return the system to operating condition, the call-to-repair time commitment, if any, shall not apply. In such cases, HP practice is to express ship to the Customer location the Customer Self Repair parts that are critical to the products operation. For more details on the Customer Self Repair process and parts, please refer to: www.hp.com/go/selfrepair The following are excluded from the call-to-repair time commitment (if applicable): Time for disk mechanism rebuild or sparing procedures Any restoration/recovery of compromised data Situations where a logical unit number (LUN) may be blocked to preserve data integrity Any period of non-availability not directly caused by the hardware fault HP reserves the right to modify the call-to-repair time commitment as it applies to the Customer's specific product configuration, location, and environment. This is established at the time of support agreement order and is subject to resource availability. HP will determine the appropriate delivery method required to provide effective and timely Customer support. An onsite response time will not apply if the service can be delivered using remote diagnosis, remote support, or other service delivery methods described above. In the event that a Customer Self Repair part is provided to return the system to operating condition, the onsite response time, if any, shall not apply. In such cases, HP practice is to express ship to the Customer location the Customer Self Repair parts that are critical to the products operation. For more details on the Customer Self Repair process and parts, please refer to: www.hp.com/go/selfrepair Software: For the Customer with multiple systems at the same location, HP may limit the number of physical media sets containing software product and documentation updates provided as part of this service. Software updates are not available for all software products. Upon the Customer's request, HP will provide the Customer with a list of software product families that currently do not include software updates. When this service feature is not available, it will not be included in this service. For some products, software updates include only minor improved features. New software versions must be purchased separately. Upon the Customer's request, HP will provide the Customer with a list of software product families where entitlement to receive and use new versions of software is not included in this service. Limitations to the defective media retention service feature: The defective media retention service feature option applies only to Disk or eligible SSD/Flash Drives replaced by HP due to malfunction. It does not apply to any exchange of Disk or SSD/Flash Drives that have not failed. |
| General Provisions |
HP will acknowledge a service request by logging a case, communicating the case ID to the Customer, and confirming the Customers incident severity and time requirements for the commencement of remedial action. Note: For events received via HP electronic remote support solutions, HP is required to contact the Customer, determine the incident severity with the Customer, and arrange access to the system before the hardware call-to-repair time or hardware onsite response time period can start. Onsite hardware support response times and call-to-repair time commitments, as well as software support remote response times, may differ depending on incident severity. The Customer determines the incident severity level. Incident severity levels are defined as follows: Severity 1Critical Down: for example, the production environment is down; a production system or production application is down/at severe risk; data corruption/loss or risk has occurred; business is severely affected; there are safety issues Severity 2Critically Degraded: for example, the production environment is severely impaired; a production system or production application has been interrupted/compromised; there is risk of reoccurrence; there is significant impact on business Severity 3Normal: for example, a non-production system (e.g., test system) is down or degraded; a production system or production application has been degraded with a workaround in place; non-critical functionality has been lost; there is limited impact on the business Severity 4Low: there is no business or user impact Additional HP Proactive Care Service credits purchased through the technical skills on demand The following applies to Proactive Care Service credits: Additional HP Proactive Care Service credits can be purchased only if the Customer has already purchased HP Proactive Care Services and has an active contract. Additional HP Proactive Care Service credits must be utilized and redeemed against specific service activities within the scope of one Proactive Care environment under the direct day-to-day management of one IT manager, in one country. Additional HP Proactive Care Service credits are not transferable. Proactive Care Service credits must be used on an annual basis. Any unused credits will expire at the end of each 12-month period. Any unused credits cannot be rolled over to another calendar year or refunded If the Customer cancels a Proactive Care contract before it has reached its termination date, then HP will refund the Customer a pro-rata amount for the unused prepaid support less any applicable early termination fees. If the Customer has purchased additional HP Proactive Care Service credits, then HP will refund the Customer a pro-rata amount for the unused prepaid support based on the unused additional HP Proactive Care Service credits, less any applicable early termination fees. Conversely, HP will invoice the Customer on a pro-rata basis for any credits used but not paid for at the time of contract cancellation. |
| Customer Responsibilities |
The Customer is responsible for installing, in a timely manner, critical customer-installable firmware updates, as well as Customer Self Repair parts and replacement products delivered to the Customer. The Customer agrees to pay additional charges if the Customer requests that HP install customer-installable firmware updates as described in the Service prerequisites section. Any additional charges to the Customer will be on a time and materials basis, unless otherwise previously agreed to in writing by HP and the Customer. The Customer will: Take responsibility for registering to use the HP or third-party vendors electronic facility in order to access knowledge databases, to obtain product information. HP will provide registration information to the Customer, as required; additionally, for certain products, the Customer may be required to accept vendor-specific terms for use of the electronic facility. Retain, and provide to HP upon request, all original software licenses, license agreements, license keys, and subscription service registration information, as applicable for this service Take responsibility for acting upon any hardcopy or email notification the Customer may receive in order to download the software update or to request the new software update on media, where this option is available Use all software products in accordance with current HP software licensing terms corresponding to the Customer's prerequisite underlying software license, or in accordance with the current licensing terms of the third-party software manufacturer, if applicable, including any additional software licensing terms that may accompany such software updates provided under this service With the defective media retention service feature option, it is the Customer's responsibility to: Retain physical control of Disk or SSD/Flash Drives at all times during support delivery by HP; HP is not responsible for data contained on Disk or SSD/Flash Drives Ensure that any Customer sensitive data on the retained Disk or SSD/Flash Drive is destroyed or remains secure Have an authorized representative present to retain defective Disk or SSD/Flash Drives, accept replacement Disk or SSD/Flash Drives, provide HP with identification information for each Disk or SSD/Flash Drive retained hereunder, and, upon HP request, execute a document provided by HP acknowledging the retention of the Disk or SSD/Flash Drives Destroy the retained Disk or SSD/Flash Drive and/or ensure that the Disk or SSD/Flash Drive is not put into use again Dispose of all retained Disk or SSD/Flash Drives in compliance with applicable environmental laws and regulations For Disk or SSD/Flash Drives supplied by HP to the Customer as loaner, rental or lease products the Customer will promptly return the replacement Disk or SSD/Flash Drives at the expiration or termination of support with HP. The Customer will be solely responsible for removing all sensitive data before returning any such loaned, rented, or leased Disk or SSD/Flash Drive to HP and HP shall not be responsible for maintaining the confidentiality or privacy of any sensitive data that remains on such Disk or SSD/Flash Drive. |
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