Our Support Terms and Conditions

For Portainer Business Edition, 9x5 and 24x7 Supported Customers

This document sets out the Support Terms and Conditions on which Portainer.io Limited (Portainer, we, us or our) will provide Support Services to Customer (Customer, you or your) for the duration of the End User Licence Agreement you have entered into with us (Agreement). The schedule on the following pages outlines the specific Support Services for both 9x5 and 24x7 supported customers. 

Part A – General

1. In these Support Terms and Conditions:

a) Business Day means a business day in the time zone in which you operate.

b) Business Hours means 8am to 5pm on a Business Day.

c) Error means a reproducible failure of the Software to substantially comply with its Documentation, if any.

d) Incident means a single question posed by you in respect to any failure or suspected failure of the Software to substantially comply with its Documentation.

e) Revision means a modification to a Version that is generally released, in the nature of an improvement made to the Software to correct Errors or resolve Incidents or to effect minor enhancements to the functionality of the Software.

f) Version means an addition of the Software that is generally released which introduces material and new functionality to a previous version of the Software and which goes beyond the scope of a Revision and includes all Documentation associated with such Version (if any).

g) Response means one of our representatives (i.e. not automated) has provided a reply to a request submitted by you via one of the Support Request Methods. 

2. We will provide you with:

a) all Revisions of the Software; and

b) all new Versions of the Software at the same time as the new Version is generally released.

3. If a new Version is not installed or installation is delayed by you by more than a year from release, we may, at our discretion:

a) elect not to provide the Support Services; or

b) require an additional amount to be paid by you for the provision of the Support Services.

4. As a condition to our support and/or maintenance obligations under this Agreement, you must:

a) first use reasonable efforts to resolve the issue by referring to the Documentation; and

b) contact us via one of the following methods (Support Request Methods), for which details, guides and accounts are outlined during the onboarding process and consistent with the documentation provided:

i. Email to businesssupport@portainer.io

ii. Portainer Business Support Page https ://www.portainer.io/portainer-business-support 

c) assist us in identifying and correcting Errors;

d) execute reasonable diagnostic routines in accordance with instructions provided by us (and inform us of the results of such tests); and

e) ensure that your designated support coordinators are sufficiently qualified and familiar with the Software so as to provide us with reasonable assistance in diagnosing and addressing Errors.

5. Support Services will only be rendered via agreed communication methods as laid out in paragraph 4b. We will not utilise VPN or other remote access and networking applications unless agreed in writing on a case-by-case basis. Any incident logged by any communication methods other than those laid out in paragraph 4b should not expect the same response times.

6. We will use reasonable efforts to provide a resolution to errors and incidents, and provide a maintenance release of the Software if applicable. Resolution can include one or more of the following actions:

a) Software configuration change

b) Bug fix in a newer revision (of the same code branch)

c) Permanent workaround

d) Temporary workaround

e) Action plan to deliver a fix or suitable workaround (e.g. Upgrade to an already fixed version)

7. We have no obligation to provide Support Services where the support is required because of a circumstance described below:

a) improper installation of the Software;

b) any release, error connection or modification of the Software not made by us, unless it is pre-approved by us in writing; 

c) your use of the open source version of the Software; 

d) the Software running on any platform that is not supported by us; or

e) a breach of the Agreement by you, including use of the Software by you or your personnel in a manner or for a purpose not reasonably contemplated by the Agreement or not authorised by us in writing.

8. Should you request us to provide services that are otherwise beyond the scope of the Agreement or these Support Terms and Conditions (including, for example, providing assistance or other services in connection with a non-conformity that does not constitute an Error), you will pay for any such services that we agree to perform on a time-and-materials basis at our then-current rates.

Part B - Support Schedule for Portainer Business Customers who have purchased 9x5 and 24x7 Support 

1. For as long as you pay all Licence Fees under the Agreement, and subject to the conditions in sections 3 and 4 of Part A of these Support Terms and Conditions, we will perform the Support Services.  No Support Services will be provided for the Software if you cease payment under this Agreement.

2. The Support Services are, where applicable:

a) support for the number of Nodes purchased, across all instances for up to 10 named support contacts;

3. We will also provide onboarding services, which include: 

a) up to 1-hour of onboarding remote assistance across at least 2 sessions. During these sessions we will ensure that our customer success agents are fully briefed on your operations and you are able to ask any questions about configuring the Software. These sessions must be completed within 30 days following the Commencement Date for the Paid Nodes. Broadly the session plans will follow:

a. Session 1 – Discovery:

i. Introductions

ii. Understanding your operations, architecture and intended use of the Software;

iii. Overview of Portainer Support Processes and Resources

b. Session 2 – Configuration Catch up:

i. confirming the Software is running correctly;

ii. discuss any final adjustments or questions; 

4. SLA Response Times for 9x5 and 24x7 Supported Customers

The below table describes the SLA response times that you can expect to receive on any Incident logged via one of the Support Request Methods:

a) SLA Priorities - 9x5 Support next Business Day (Business Day for the purposes of these Support Terms and Conditions in the time zone in which you operate)

Type

Description

Response Time

Target Action Time

Critical

Software down, inaccessible, all users affected

Within 4 Business Hours from the start of the next Business Day

Within 4 Business Hours from the start of the next Business Day

High

Core Software function affected, most users impacted

Within 6 Business Hours from the start of the next Business Day

Within 8 Business Hours from the start of the next Business Day

Medium

Single function affected, few users impacted, critical path blocking questions

Within 12 Business Hours from the start of the next Business Day

Within 24 Business Hours from the start of the next Business Day

Low

Low number of users affected, minor inconvenience, general questions

Within 24 Business Hours from the start of the next Business Day

Within 36 Business Hours from the start of the next Business Day

 

b) SLA Priorities - 24x7 Support

Type

Description

Response Time

Target Action Time

Critical

Software down, inaccessible, all users affected

Within 4 hours

Within 4 hours

High

Core Software function affected, most users impacted

Within 6 hours

Within 8 hours

Medium

Single function affected, few users impacted, critical path blocking questions

Within 12 hours

Within 24 hours

Low

Low number of users affected. Minor inconvenience

Within 24 hours

Within 36 hours