ENABLEMENT SERVICES SCHEDULE
Enablement Services: Upon delivery of the Expert Services (which may also be referred to as “Technical Services” elsewhere), as specified in the applicable Order Form (which may also be referred to as the “Order” elsewhere), but contingent upon receiving full and final payment for the Expert Services, New Relic grants to Customer during an active paid Commitment Term for the New Relic Products access to that number of New Relic Enablement Services Resource(s) (each, an “ESR”) identified in the Order Form, solely for its internal business purposes, during the applicable Service Period (as further defined below).
a) Customer Point of Contact. Customer shall designate an individual in the Order Form to serve as a Point of Contact (“POC”) for the Service Period. This individual will be responsible for: (i) initiating requests for Expert Services within the Service Period and (ii) providing additional information as requested by New Relic in a timely, efficient manner. Customer acknowledges that the individual designated as the POC is the sole Customer contact whom may submit requests for Expert Services. Customer may update the POC at any time by providing written notice to New Relic.
b) New Relic POC Email: firstname.lastname@example.org
c) Employment Conversion. During the duration of any Service Period and for a period of twelve (12) months following the expiration or termination of any Service Period, Customer shall not, directly or indirectly through a third party, refer for employment, solicit, or offer employment to any New Relic resource without the prior written consent of New Relic.
d) Resource Change Request Process. In the event Customer desires to utilize an alternate ESR, Customer may provide a written request to the New Relic POC and New Relic will promptly work with Customer to find a substitute ESR.
An ESR may provide consulting, education or technical support related services, at Customer’s direction, exclusively related to Customer’s subscription for the New Relic Products. Expert Services may include but are not limited to the following:
i. Assist Customer in creating performance audit reports for its web or mobile applications;
ii. Assist Customer in troubleshooting its application(s) performance problems;
iii. Deliver tailored training workshops to Customer for the New Relic Products;
iv. Review Customer monitoring strategy utilizing New Relic Products, advise and/or assist Customer in assessing product adoption gaps of New Relic products or features, and train Customer on unused features;
v. Assist Customer to develop New Relic Plug-ins designed to leverage the New Relic Products, as applicable;
vi. Assist in augmenting existing application deployment automation mechanisms to include New Relic Agents;
vii. Assist with scripting data extraction using New Relic APIs;
viii. Assist with alerting integration into specific system integrators;
ix. Assist with adding instrumentation into Mobile or Web applications based on application complexity and data specificity;
x. Assist in refining instrumentation to meet functionality and agreed upon performance overhead expectations;
xi. Assist in troubleshooting mission critical performance problems;
xii. Assist in identifying root causes of performance problems using New Relic Products;
xiii. Provide training and assistance to enable Customer to continue to retain benefits from New Relic Products; or
xiv. Assist Customer in maximizing usage and adoption of the New Relic Insights product by conducting stakeholder analysis, application attribute integration, dashboard and data app creation and training.
f) Service Period.
The “Service Period” shall be defined as either the One-Month Service Period or the Short-Term Service Period, as each term is defined below. Once initiated, Expert Services must be used consecutively for the full length of the applicable Service Period. If Customer does not fully utilize, request or receive the tasks included in this package, any remaining portion will be forfeited at the end of the earlier of: (i) the period set forth in the Order Form, or (ii) the one-year anniversary date of the applicable Order Form, and no refund will be provided to Customer.
New Relic sells subscription access to ESRs in two different plans, which shall be designated in the applicable Order Form:
1. One-Month Commitments
A Customer may purchase a subscription to Expert Services pursuant to this Enablement Services Schedule with access to ESRs in minimum increment periods of 1 month, which shall be designated in the applicable Order Form (a “One-Month Commitment”).
For all One-Month Commitment subscriptions, if the “Start Date” is not defined in the Order Form, Customer shall contact New Relic to specify the Start Date for the Expert Services within ninety (90) days of the Order Form Effective Date. In the event that Customer does not schedule the Expert Services within such 90-day period, the Expert Services will be deemed to begin on the ninety-first (91st) day after the Order Form Effective Date. The “One-Month Service Period” shall be deemed to be the period in which the subscription to Expert Services (either as set forth on an applicable Order Form or herein) begins and shall run continuously until such subscription expires, where such expiration shall occur automatically at the conclusion of the business day prior to the one-month anniversary of the start of such One-Month Service Period. If Customer has purchased multiple One-Month Commitment subscriptions to Expert Services, each subscription shall be scheduled in accordance with the terms specified in this paragraph.
Expert Services may be performed onsite at Customer’s facility or performed remotely at Customer’s discretion during the One-Month Service Period.
2. Four-Hour Commitments (purchases in intervals of one week)
A Customer may purchase a subscription to Expert Services pursuant to this Enablement Services Schedule with access to ESRs in minimum increment periods of 4 hours, which shall be designated in the applicable Order Form (a “Four-Hour Commitment”); provided, however, that a Customer may only purchase a Four-Hour Commitment in intervals of one week. In the event an Order Form designates that a subscription pursuant to this Enablement Services Schedule is sold to a Customer in one-week increments, such Order Form shall be interpreted as a commitment for that number of Four-Hour Commitments equivalent to the number of weeks purchased (i.e., ten Four-Hour Commitments for each one week purchased).
For all Four-Hour Commitment subscriptions, Customer must schedule with New Relic in advance, in accordance with the table immediately set forth below, for the applicable ESR usage period by Customer (such aggregate period of time, a “Short-Term Service Period”). A Short-Term Service Period may not be less than a single Four-Hour Commitment, and may only occur in one or more consecutive Four-Hour Commitments, such that usage during any Short-Term Service Period shall be rounded up to the nearest number of Four-Hour Commitments (e.g., 5 hours of work performed by an ESR would equate to usage of two Four-Hour Commitments).
Expert Services may be performed onsite at Customer’s facility or performed remotely at Customer’s discretion; provided, that if a Customer opts to utilize an ESR’s time for a period less than six (6) consecutive Four-Hour Commitments (i.e., three consecutive business days), such Expert Services shall be performed remotely. For the avoidance of doubt, if an ESR provides Expert Services onsite at a Customer’s facility for a period of less than six (6) consecutive Four-Hour Commitments, the provision of such Expert Services shall be deemed to constitute six (6) consecutive Four-Hour Commitments for such Short-Term Service Period.
|Short-Term Service Period
|< 1 week
|Minimum of 3 weeks
|>= 1 week, < 1 month
|Minimum of 4 weeks
|>= 1 month
|Minimum of 5 weeks
If New Relic determines, in its sole discretion, that there is not enough time or resources available to complete the task(s) prior to the Renewal Date and/or Expiration Date for the Commitment Term indicated on the applicable Order Form, New Relic will have no liability to Customer.
g) General Assumptions.
i. Customer acknowledges that an ESR’s ability to perform the Expert Services depends on Customer’s facilitation of access to the necessary resources, as may be determined in the ESR’s discretion for the Expert Services then requested.
ii. All communications and documentation will be in the English language.
iii. ESRs shall perform the Expert Services during normal business hours, 9:00am to 6:00pm (with a one (1) hour break for the ESR in the event of a full business day commitment), Monday through Friday in Customer’s local time zone, unless otherwise agreed upon in writing by the parties.
iv. For One-Month Commitment subscriptions, New Relic shall strive to ensure continuity with the ESR providing Expert Services to Customer; however, the ESR may change at New Relic’s discretion. For Four-Hour Commitment subscriptions, New Relic has no obligation to ensure ESR continuity.
v. For the avoidance of doubt, ESRs will not provide set deliverables during the Service Period.
vii. Unless otherwise agreed in writing, (a) the tasks specified in this package will be delivered during the period as set forth in the Order Form, and (b) all dates and timescales for delivery or completion of any tasks are estimates only. New Relic will use all reasonable endeavours to adhere to any dates or timescales agreed with the Customer, but will not be liable in any manner for failure to complete any work by any date or any timescale specified.