IVANTI SUPPORT AND MAINTENANCE SERVICES SUPPLEMENTAL TERMS
In conjunction with Your purchase of Support and Maintenance Services, You agree to these Supplemental Terms for Support and Maintenance Services which are hereby incorporated into the End User Licence and Services Agreement between Ivanti and You (the "Agreement"). Ivanti may revise these Supplement Terms for Support and Maintenance Services from time to time by publishing such updates at https://www.ivanti.com/company/legal/support-terms. In the event that Ivanti makes any revision that includes a material change to these Supplement Terms for Support and Maintenance Services during your current annual Support and Maintenance term (“Change”), Ivanti shall give you notice of such Change. You shall have thirty (30) days to object to any such Change by written notice to Ivanti, otherwise you agree to accept the Change and incorporate any such Change into the Agreement. If you reject the Change on a reasonable basis, the Parties shall work together in good faith to come to a mutual resolution of the issues. Capitalised terms not defined herein shall have the meaning set forth in the Agreement.
If You receive support and maintenance services directly from an authorised support delivery partner, the terms regarding support in these Supplemental Terms for Support and Maintenance Services shall not apply and shall instead be determined between You and the relevant authorised support delivery partner.
Overview
Ivanti offers Support and Maintenance for purchase on an annual basis. Support provides a resource for You to receive assistance regarding installation, standard product configuration and the usage of Ivanti products. Maintenance entitles You to receive the latest software updates and upgrades, including patches, fixes, and security updates.
I. Definitions
The following defined terms are used to describe the Support services and Maintenance:
"Business Hours" means regular operating hours, excluding company holidays, where support coverage is available for each geography as found at https://forums.ivanti.com/s/contactsupport.
"Documentation" means, collectively, the official product operation instructions, release notes and user manuals provided by Ivanti for the Software and/or Hardware, in electronic or written form, that Ivanti has made publicly available.
"Error" means a reproducible failure of a properly licenced, implemented, and used Ivanti product to perform in substantial conformity with its accompanying documentation.
“Hardware” means any tangible hardware, network appliance, equipment or devices marketed and sold to You by Ivanti, including spare parts supplied by Ivanti.
"Case" means a single Support issue, generally an Error, or usage question with an Ivanti product and the reasonable effort needed to resolve it.
"Maintenance" means the provision of Updates and Upgrades for the Software and/or Hardware.
"Phone Support" means Support that is initiated via a call-back feature on the Ivanti Support portal.
"Severity Level 1" or “S1” means an Case where in a production environment, when a workaround is not immediately available and a large portion of Your environment is so severely impacted that You cannot reasonably operate, notwithstanding proper installation and use of the Ivanti product(s) : (a) a substantial portion of the Ivanti product(s) does not operate and cannot be restarted; (b) there is an Error in a major programme function that renders such major programme function completely unusable; or (c) there is an Error that causes a third-party, mission-critical application to be unstable.
"Severity Level 2” or “S2” means a Case where, notwithstanding proper installation and use of the Ivanti product(s), there is an Error in a major programme function causing significant impact to the Ivanti product(s) such that the Ivanti product(s) is difficult but not impossible to use.
"Severity Level 3” or “S3” means a Case where, notwithstanding proper installation and use of the Ivanti product(s): (a) there is non-critical degradation of performance or function in the Ivanti product(s); or (b) there are minor intermittent problems in the Ivanti product(s). A commercially reasonable workaround may be available.
"Severity Level 4” or “S4” means all requests for an enhancement to, information, questions, or documentation issues concerning one or more Software or Errors with little or no effect on normal operation of the Ivanti product(s).
"Software" means the object code form of the Ivanti proprietary software product(s) made available by Ivanti under the Agreement, whether on premise or as a SaaS Offering, and including any Documentation, Updates, and Upgrades.
“Third Party Products” means any software or hardware that is manufactured by a party other than Ivanti and is either (i) not delivered with the Software, or (ii) not incorporated into the Software.
"Support” means the Ivanti-provided customer service designed to resolve Errors and Cases in the installation, configuration, and usage of the Software and/or Hardware, but does not include any type of assisted deployment, design particular to bespoke requirements, or assistance with Third-Party Products being used in conjunction with the Software and/or Hardware.
"Support Portal” means the Support website located at: https://success.ivanti.com/customers.
"Update” means bug fixes, minor enhancements, corrections, patches, and functions added to or removed from the Software, not including any new software or functionality that Ivanti markets and sells separately.
"Upgrade” means major releases of products that replace a prior version of that product.
“Designated Enterprise Support Engineer” means a Support engineer, assigned to You, who is skilled in supporting the Software for which You have purchased Enterprise Support.
If You have an active Support and Maintenance Service term, then You may download, instal and use any Updates and Upgrades of the Ivanti software products for which You have purchased Support and Maintenance Services. If You have not purchased Support and Maintenance Services or Your Support and Maintenance Services term has expired, You are not entitled to download, instal, or use Updates or Upgrades.
II. Support Levels
The benefits of each level of Support are as follows:
|
STANDARD |
PREMIUM |
ENTERPRISE |
SUCCESS SQUAD |
|
|---|---|---|---|---|
|
24x7 Support Portal Access |
✓ |
✓ |
✓ |
✓ |
|
24x7 Customer Community |
✓ |
✓ |
✓ |
✓ |
|
24x7 Knowledge Base |
✓ |
✓ |
✓ |
✓ |
|
Software and/or Hardware Product Updates |
✓ |
✓ |
✓ |
✓ |
|
New Release Notification |
Standard Notifications |
Standard notifications |
Proactive notification and personalised discussion |
Proactive notification and personalised discussion |
|
Escalation Management— Severity 1 Issues |
Escalated to Support Manager after 8 hours |
Critical situation oversight |
Critical situation oversight |
|
|
Designated Enterprise Support Engineer |
✓ |
✓ |
||
|
Customer Success Manager (CSM) |
✓* |
✓* |
||
|
Cloud Sandbox for SaaS Subscriptions |
✓ |
✓ |
||
|
Advantage Learning |
Online All-Access Subscription: 1 user licence |
Online All-Access Subscription: 1 user licence |
Online All-Access Subscription: 3 user licences |
|
|
Public Virtual Instructor Led Classes |
1 redeemable seat voucher per year |
3 redeemable seat vouchers per year |
||
|
Upgrade Guidance |
Technical Guidance and Validation |
Technical Guidance and Validation |
||
|
Priority Case Handling |
✓ |
✓ |
||
|
Environment-based Technical Guidance |
Recommendations based on best practices and customer needs |
Recommendations based on best practices and customer needs |
||
|
Annual 4 Hour Health check |
✓ |
✓ |
||
|
Technical Solutions Manager (TSM) / Technical Relationship Manager (TRM) |
96 Hours per Year |
|||
|
Quarterly Business Reviews and Bi-Weekly Check-ins |
✓ |
|||
|
Go Live Support |
✓ |
* CSM includes all items outlined in the table in Section XIII below.
III. Case Submission and Processing
You may submit Cases 24 hours per day, 365 days per year via the online Support Portal located at: https://forums.ivanti.com/s/article/How-to-Contact-Ivanti-Support.
You may also report Cases by phone during Business Hours. Business Hours and company holidays for the Ivanti Support centres are located at: https://forums.ivanti.com/s/article/How-to-Contact-Ivanti-Support.
Ivanti will direct You to a Support centre within Your corresponding geography (Americas; Europe, Middle East, and Africa; or the Asia Pacific region) and responses from Ivanti Support will be delivered during Business Hours for that geographic region.
If You are a Premium/Enterprise/Success Squad Support customer and You report a Severity Level 1 Case that is not solved during Business Hours of the regional Support centre to which the Case is initially reported, and the Case requires around-the-clock work, Ivanti will transfer the Case to other Support sites in the United States, Asia, and/or Europe as needed, as long as You have dedicated resources working on a 24x7 basis to provide information and assist Ivanti support as needed.
When notifying Ivanti of any Case, You must provide Ivanti with detailed information about any suspected Error(s), including an example, the context in which it was encountered, details of Your system configuration, and the steps necessary to generate or reproduce the Error. The Severity level of a Case shall be determined by agreement between You and Ivanti (using the Severity definitions described in these terms).
If You are an Enterprise/Success Squad Support customer, a Designated Enterprise Support Engineer (“DESE”) will be assigned to You. The DESE is skilled in supporting the primary Ivanti product for which You have purchased Enterprise Support. Additional DESEs can be purchased if you require support for other products. The DESE will be available during your normal business hours and is responsible for solving Your submitted Cases. In case the DESE is not available for any reason, Ivanti will provide a back-up engineer.
If You are an Enterprise/Success Squad Support customer, an Ivanti customer success manager (“CSM”) will be assigned to You. The CSM will work with You to develop and update a customer success plan including: success criteria, adoption metrics and coordinates the activities per the plan. Delivers quarterly business reviews, manages product requests and advocates for You within Ivanti.
Enterprise/Success Squad Support customers will be provided direct access to a support manager who is available to manage escalated cases or coordinating cases across time zones for customers with multiple sites in different geographic locations.
IV. Technical Contacts
You will provide technical contacts to Ivanti as reasonably required to provide information, work through instructions, and confirm resolution of the Case. Your designated technical contacts will be responsible for interfacing with Ivanti support personnel. Each technical contact must be familiar with the Software and/or Hardware and be capable of performing basic administrative functions.
V. Response Times
Ivanti will respond to and set internal resolution Severity for each reported Case within the following initial response time targets during Ivanti Business Hours:
|
BUSINESS IMPACT |
STANDARD |
PREMIUM |
ENTERPRISE |
SUCCESS SQUAD |
Level of Effort* |
|---|---|---|---|---|---|
|
S1: Critical (SaaS Product) |
1 hr.. |
1 hr. |
30 min. |
30 min. |
Continuous, 24 hours a day, 7 days a week |
|
S1: Critical (On-Premises Product) |
2 business hrs Mon - Fri. |
1 hr. |
30 min. |
30 min. |
Continuous, 24 hours a day, 7 days a week |
|
S2: High |
4 business hrs. |
4 business hrs. |
2 business hrs. |
2 business hrs. |
Continuous, not 24 hours a day, 7 days a week |
|
S3: Medium |
8 business hrs. |
8 business hrs. |
8 business hrs. |
8 business hrs. |
As appropriate during Business Hours |
|
S4: Low |
16 business hrs. |
16 business hrs. |
8 business hrs. |
8 business hrs. |
Varies |
* Ivanti provides 24x7 level of effort for Customers who purchase Premium, Enterprise, Success Squad Support or for SaaS product customers who purchase Standard Support. On-premises product customers who purchase Standard Support, receive a level of effort limited to Business Hours Monday- Friday.
To be eligible for the response times above, You must submit S1/S2 Cases to Ivanti by phone.
If you have 24x7 Phone Support entitlement, then You will have access to Phone Support outside of Business Hours for S1 issues. Ivanti will route calls via a follow-the-sun model and initial response time targets will apply 24x7. System upgrade and system refresh requests will be dealt with as S4 tickets. Ivanti requires a minimum notice of three (3) business days to schedule and confirm prior to carrying out upgrades and refreshes. All test and development system refreshes or upgrades will be scheduled between 8:00 am and 5:00 pm Mountain Time, or 9:00 am and 5:30 pm GMT (dependent on location of the hosted service).
VI. Renewal of Support and Maintenance
Support and Maintenance is offered on an annual basis and must be renewed prior to the expiration of the then-applicable Support and Maintenance term. If payment for a Renewal Term is not received prior to the expiration date of the existing term, Ivanti reserves the right to suspend access to Support and Maintenance until payment is received.
You must purchase Support and Maintenance for the total number of licences of the Software You have purchased or are using (whichever is greater) and may not purchase Support and Maintenance for a subset or partial set of licences. For example, if You purchase one thousand (1,000) licences of the Software, you may not purchase Support and Maintenance for only five hundred (500) licences.
VII. Reinstatement of Support and Maintenance
If You terminate or allow Support and Maintenance to lapse or expire and would like to reactivate Support and Maintenance, You must pay: 1) a fee equal to the total Support and Maintenance fees retroactive to the date of lapse or termination; 2) a reinstatement fee; and 3) a fee for the then-commencing Support and Maintenance term.
VIII. Termination of Support and Maintenance
If you elect to not renew Support and Maintenance, You must provide ninety (90) days written notice prior to the end of the then-applicable annual Support and Maintenance term.
IX. Legacy Support Programmes
As of February 1, 2023, Pulse Platinum and Pulse Gold Support are no longer available for purchase. Pulse Platinum Support is being replaced by Premium Support and Pulse Gold Support is being replaced by Standard Support, the benefits of which are outlined in Section II above, but the features of the programmes remain substantially the same. Customers that previously purchased Pulse Platinum Support will be upgraded to Premium Support at future renewals. Customers who purchased Pulse Gold Support will be upgraded to Standard Support at future renewals. Customers and partners who are grandfathered into Premium Support do not receive an Advantage Learning Licence.
X. Support Exceptions
Ivanti shall be under no obligation to furnish Support for any Software and/or Hardware to the extent that such Support is necessary or desired as a result of: (i) the operation of the Software and/or Hardware in environmental conditions or configurations outside those described in the Documentation; (ii) Your failure to upgrade or update the Software and/or Hardware within a supported version as specified at: https://forums.ivanti.com/s/end-of-life, or to maintain the Software and/or Hardware in accordance with the standards described in the Documentation or as specified in any Support and Maintenance you receive from Ivanti; (iii) actions of any third party other than Ivanti or a third party authorised by Ivanti; and (iv) causes unrelated to the Software and/or Hardware as delivered to You by Ivanti, including without limitation, unauthorised modifications to the Software and/or Hardware, made by You or on Your behalf.
Ivanti Support is designed to assist You with errors and cases in the normal usage of the Software in Your environment. If You would like assistance from Ivanti-approved resources beyond Ivanti’s standard Support, including product training, implementation services, and customization services, Ivanti Support recommends engaging with Ivanti Professional Services. Ivanti Professional Services have the skills to architect, implement, and optimise Ivanti solutions and are specially trained to provide a unified, consistent, and cost-effective user-oriented experience. Find out more about Ivanti Professional Services at: https://www.ivanti.com/services/professional-services.
XI. Advantage Learning
Advantage Learning is a comprehensive and self-paced training environment—a 24x7x365 learning “ecosystem” that places the power of learning in the learner’s hands. Cloud-based, multi-device, and guided, our learning environment helps Ivanti customers train on the things they want to, when they want to, where they want to, and how they want to; enabling benefits from training as quickly and easily as possible. Ivanti Advantage Learning includes:
- Short, easy-to-consume training modules;
- Access to all available product training via annual subscription;
- Role-based learning paths that take the guesswork out of which training to take;
- A convenient approach to training on product updates;
- An easy way to track your training progress;
- A qualitative self-assessment to identify accomplishments, strengths, training needs, and future goals;
- Greater comprehension through self-administered learning;
- Just-in-Time training, so you’re never left without the skills You need to get the job done.
Advantage Learning offers annual subscription based educational services or single course offerings through the Ivanti Advantage Learning Storefront at: https://advantagelearning.ivanti.com.
XII. Technical Solutions Management Programme
Ivanti also offers the services of a Technical Solutions Manager (“TSM”) or a Technical Relationship Manager (“TRM”) on an annual basis through the Technical Solutions Management Programme (“Technical Solutions Management Programme” or “Programme”) offering as set forth below.
|
Programme Tiers |
Basic |
Premier |
Enterprise |
Dedicated |
|---|---|---|---|---|
|
Hours to be used proportionally across 12 months |
96 Hours |
192 Hours |
384 Hours |
1600 Hours |
|
Advantage Learning Vouchers |
1 |
2 |
3 |
6 |
|
On-Site Days Percentage |
Not Included |
Up to 25%; up to 2 on-site visits |
Up to 25%; up to 4 on-site visits |
Up to 25% as needed |
|
Travel Expenses |
N/A |
Included |
Included |
Included |
The Technical Solutions Management Programme is a subscription offering that typically runs for a period of twelve (12) months. Your TSM/TRM serves as a “technical advisor on retainer” and works with Your executive sponsor, business stakeholders, and key operational personnel within Your organisation. Each Programme offering includes a specific number of days available to You on an annual basis. You may use a certain percentage of the days for on-site consultation. On-site days must be used in increments of at least two (2) consecutive days. Travel costs are included in the Programme offerings that include onsite days. What’s more, each offering includes vouchers for additional training that entitle one (1) of Your personnel to register to Ivanti Advantage Learning system.
The initial period for coverage begins on the purchase date and ends twelve (12) months thereafter. To ensure uninterrupted use of any offering purchased by You, the Programme offering shall renew automatically for additional periods of twelve (12) months unless either Party provides written notice to the other Party not to auto-renew the programme at least sixty (60) days before the end of any Programme period. Any unused days and training vouchers expire at the end of each annual Programme period.
XIII. Customer Success Manager
Ivanti offers the services of a Customer Success Manager (“CSM”) either as a part of select Support levels outlined above or an annual basis as set forth below.
|
CSM Feature |
CSM |
|---|---|
|
Designated Customer Success Manager |
✓ |
|
Success Plan |
✓ |
|
Onboarding Guidance |
✓ |
|
Business Value Assessment |
✓ |
|
SaaS Adoption Guidance & Recommendations |
✓ |
|
Capability Maturity Assessment |
✓ |
|
Quarterly Business Reviews |
✓ |
|
Early Warning Adoption Proactive Recommendations |
✓ |
|
Ivanti Innovators Global Peer Community |
✓ |
|
User Group Events |
✓ |
The CSM is a subscription offering that typically runs for a period of twelve (12) months. Your CSM serves as a “adoption and value realisation advisor on retainer” and works with Your executive sponsor, business stakeholders, and key operational personnel within Your organisation. The CSM offering includes a success plan that is designed for You and access to Ivanti’s expert coaching platform. You will have access to the CSM on an as needed basis.
The initial period for CSM coverage begins on the purchase date and ends twelve (12) months thereafter. To ensure uninterrupted use of the CSM offering, the CSM offering shall renew automatically for additional periods of twelve (12) months unless either Party provides written notice to the other Party not to auto-renew the CSM offering at least sixty (90) days before the end of any CSM period.
XIV. Hardware Support
If You have purchased Support services for Hardware from Ivanti, then the Ivanti Hardware Support Services Supplemental Terms found at https://www.ivanti.com/company/legal/hardware-support-terms shall apply to any such Support services for the Hardware.
XV. U.S. Citizen Support
If You have purchased U.S. Citizen Support from Ivanti, then the Ivanti U.S. Citizen Support Services Supplemental Terms found at https://www.ivanti.com/company/legal/us-citizen-support shall apply to those services.
Updated August 2024