This Emergency Support Service Agreement ("Agreement") is entered into between SIXE ingeniería SL ("SIXE") and the entity or individual submitting the Emergency Support Request Form ("Client").
1. Scope of Services
1.1 SIXE agrees to provide emergency support services ("Services") for critical systems in:
- Hardware (HW): IBM Power, IBM Storage
- Operating Systems (OS): AIX, Red Hat, SUSE, Ubuntu, IBM i
- Infrastructure: OpenStack, Kubernetes, Proxmox, Ceph
1.2 The Services include initial assessment, troubleshooting, and resolution of critical issues in the specified technologies.
2. Process
2.1 The Client must submit an Emergency Support Request Form with details of the issue.
2.2 Upon receiving the form and accepting the terms, a support ticket will be automatically generated.
2.3 SIXE will contact the Client immediately to arrange a Meet session (Google/Zoom) and obtain necessary access to the storage cluster, if permitted by the Client.
3. Payment
3.1 Initial support fee: For the first four (4) hours of support, the Client will pay a flat rate of €1,450 (including VAT as per Spanish regulations).
3.2 Extended support: If the issue requires more than four (4) hours to resolve, each additional hour will be billed at €290 (including VAT as per Spanish regulations).
3.3 SIXE will issue an invoice during business hours. The Client agrees to pay the invoice according to the payment terms specified therein.
4. Client Responsibilities
4.1 The Client agrees to provide accurate and complete information about the issue when submitting the Emergency Support Request Form.
4.2 The Client must ensure that SIXE's support team has the necessary access to the storage infrastructure to diagnose and resolve the issue, subject to any security and confidentiality agreements.
5. Term and Termination
5.1 This Agreement will take effect upon the Client's submission of the Emergency Support Request Form and acceptance of the terms.
5.2 Either party may terminate this Agreement by written notice if the other party fails to remedy any material breach within thirty (30) days of receiving written notice of such breach.
6. Limitation of Liability
6.1 To the extent permitted by Spanish law, SIXE will not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits or revenue, incurred by the Client or any third party.
6.2 SIXE's total liability under this Agreement will not exceed the total fees paid by the Client for the Services.
7. Miscellaneous
7.1 This Agreement constitutes the entire agreement between the parties and supersedes all prior agreements or understandings, whether written or oral, related to the subject matter herein.
7.2 This Agreement will be governed by and construed in accordance with the laws of Spain.
7.3 Any dispute arising out of or in connection with this Agreement will be resolved in the courts of Spain.
7.4 If any provision of this Agreement is deemed unenforceable, the remaining provisions will continue in full force and effect.
