Service Agreement

1. Introduction

The NMS Prime service agreement is intended to clarify the workflow, rights and duties between NMS and our customers.

1.1. Contacts + deputies NMS Prime:

Service Desk: https://servicedesk.nmsprime.com/

Support Mail: support@nmsprime.com

Support Telefon: 03735 9387570

2. Scope of Service

2.1. Access to the software

On-Prem: For the term of the contract, you will be provided with the software for installation on your own servers (on-premises).

Cloud: You will receive access to the software via the cloud (SaaS) for the term of the contract. The additional services for Cloud Usage apply.

For the term of this Agreement, NMS grants the Customer a non-exclusive, non-transferable license to use ( run, modify, run after modification) the NMS Prime Software under the terms and conditions set forth in the EULA: NMS Prime Enterprise Edition.

2.2. Bug Fixing Service

For the term of this Agreement, NMS agrees to use all reasonable efforts to fix bugs in the Software and add-on modules/apps that are submitted by the Customer through the appropriate channel (typically the Service Desk or, if working with an NMS Prime Partner, the channel provided by the Partner) and to begin processing such Customer submissions within 2 business days.

Once the bug is resolved, the customer will be notified of an appropriate corrective action. If a bug is fixed, NMS agrees to fix / provide the bugfixes in all newer versions of the software.

2.3. Services for Advanced Service

2.3.1. Implementation phase

The implementation phase means the implementation and installation of all elements and ends with the acceptance (=testing) of the system. The typical duration of the introductory phase is one month, unless otherwise agreed.

NMS provides 2x as many support hours for the introduction phase as are available for the operation phase according to the service certificate. Any additional time required shall be remunerated according to the agreed hourly rate.

2.3.1.1. Planning

• Consultation of the customer with the selection of the server architecture

• Advising the customer on hardware selection (CMTS, routers, switches, cable modems)

2.3.1.2. Instruction of the customer / operating instructions

• The customer always follows the Official Documentation and the sources linked there, such as forum, Youtube or ticket system.

• Training can be booked on request for a fee (remote and/or on-site possible).

2.3.1.3. Installation

• Support of the customer with the installation/commissioning of

  • Hardware (CMTS, Switches), if purchased from an NMS Prime Hardware Supplier

  • Linux (CentOS)

  • NMS PRIME and all modules as required by the customer

  • all required system services/software

    • Firewalld

    • MariaDB

    • ISC DHCPd

    • TFTPd

    • named

    • Time

    • Apache HTTP server

    • OpenSSH server

    • Cacti

    • Icinga

• NMS supports the import of possibly existing provisioning data from previously used systems

  • currently the import is implemented for the following systems:

    • CMS of "km3 teledienst GmbH".

    • NetUser

    • Data in CSV format

  • if necessary NMS implements import routines for further systems, the assumption of the costs is dealt with separately.

2.3.1.4. Configuration

• Support for the configuration of hardware components, if purchased from an NMS Prime Hardware Supplier

  • Switches, routers

  • CMTS

• Support for configuration of NMSPrime

  • Modem Configfiles and Firmwares

  • QoS, CMTS, IP pools (in NMS Prime)

  • Billing / company data, SEPA configuration, products, cost centers,

  • Connection information/billing design

• Support with configuration of system services/software listed above.

• Support in securing the system

  • Firewalld

  • Access rights (NMSPrime, CentOS)

  • SSL certificates (for sshd and httpd (Let's Encrypt)).

2.3.2. Operating phase

The operational phase follows the Installation phase. The operating phase also includes, in particular, any necessary migration of the existing data. The customer shall work out with NMS which of the services listed below are to be used.

2.3.2.1. Managed Services: Server and Services

• Support for updates CentOS

• Support for updates/upgrades NMSPrime

• Support for configuration adjustments

  • Modem Configfiles and Firmwares

  • QoS, CMTS, IP pools (in NMS Prime)

  • Billing / company data, SEPA configuration, products, cost centers,

  • Connection information/billing design

• Assist with customization of system services/software configuration.

2.3.2.2. Managed Services: Data Backup

Software:

• The software handles the daily backup of the databases as well as all system relevant folders - see https://github.com/nmsprime/nmsprime/blob/dev/backup.sh.

• These folders and files are packed and securely encrypted using a GPG private key process.

• Then the software uploads the data to Amazon Web Services in a separate/protected AWS S3 bucket

NMS takes over:

• The configuration of the backup

• the backup of the last two days and the backups of the last Monday up to and including one month.

• IMPORTANT: We check the backups only once a quarter and for valid files. What do not check that the correct data are backed up, that the backups were complete and that the backup is consistency and that the recoverability is given.

Second Backup:

• The customer must use a second backup system

• We recommend to make a "cold" backup (shutdown the VM before) of the complete NMS Prime VM in regular intervals (e.g. 1 per year or quarter, or before major updates especially of the operating system).

• Customer must test the recoverability of these backups.

2.3.2.3. Administrative Services

GDPR und BDSG (only for Germany):

• Support in documenting the network activities in case of judicial requirements or towards the BnetzA (only for App Provisioning).

• Support with the documentation of the network infrastructure with regard to the NMS Prime infrastructure (e.g. failover)

• Consulting for the documentation of the network infrastructure regarding

  • IP pools / IP addresses

  • CMTS, switches, routers

  • Passwords management

  • Backup.

2.4. Additional services in case of cloud usage

NMS provides:

1. a Virtual Machine (which is hosted on AWS) with performance (RAM, #processors, disk space) appropriate to the use case.

2. a current operating system according to minimum requirements

3. a pre-configured NMS PRIME installation instruction

4. accesses according to cloud installation instructions

2.5. Additional services for hardware support

Help and support with:

• Configuration

• attempt in problem solutions / defect eliminations

• Firmware updates/upgrades

for the products of the suppliers / manufacturers.

Service Delimitation and Exclusion: Assistance with installation and configuration of hardware will only be provided for equipment purchased from an NMS Prime Hardware Supplier.

We do not assist with the configuration of third party hardware. For products from suppliers / manufacturers not listed above, NMS is not obligated to provide support according to the above definition.

3. Provisions / Performance of the customer

NMS requires the cooperation of the customer for the execution of the NMS Prime Subscription Agreement. The customer shall always follow the Official Documentation and the sources linked therein, such as forum, Youtube or ticket system. If the customer does not fulfill his obligations, NMS may not be able to provide support.

3.1. Implementation Phase

3.1.1. Remote access and contact person (only for Advanced Service)

The customer enables NMS to remotely access relevant network elements (e.g. server) by:

• appropriate configuration of its firewall

• Creation of corresponding user accounts

The customer provides NMS with the information required for the configuration. This includes, for example:

• IP addresses of the relevant network infrastructure elements (CMTS, routers, switches, etc.)

• SNMP communities

• Access data

The customer shall name one or more contact persons who are available for queries and tests.

Unless otherwise specified, Customer shall be responsible for setting up the server(s) and installing the NMS Prime.

3.1.2. Hardware

• Customer shall be responsible for providing the previously agreed upon architecture. According to hardware installation guide. This includes:

  • Setup of the NMS Prime server(s)

  • The servers meet the minimum requirements

  • Setup of the routers, switches and NAT servers (if not already done) including cabling and provisioning of routing and switching (VLAN) confirguration

  • Setup of the CMTS and other necessary network components

• The customer establishes the connection to his network components and configures them in the NMS Prime according to the provisioning setup.

• The customer ensures that all components are sufficiently protected, secured and operated via a redundant power supply incl. mains voltage overload protection on a UPS.

3.1.3. Software

• The customer installs the operating system. He will follow our installation guide and unless otherwise agreed, NMS Prime will be installed in a VM and not natively. The customer uses the Linux distribution recommended by us and ensures that all NMS Prime servers meet the necessary minimum requirements.

• The customer will install NMS PRIME in the VM using RPM.

• The customer takes care of the basic configuration and ensures that only secure passwords are used.

If the customer has any problems or questions regarding the deployment, he can report them.

3.2. Operational phase

The customer nominates one or more representatives who are available for queries and tests (only for Advanced Service).

The customer takes care of updates and patches himself (if necessary in consultation with the NMS PRIME team). NMS Prime informs via mail or NMS Prime News Feed about new releases, especially if they contain system critical patches, such as the following:

• Updates operating system to latest software versions
  (if necessary with verified reboot - if necessary after consultation)

• Updates NMS Prime to latest software status

The customer is responsible for ensuring that he always has the latest release versions.

3.3. Security

NMSPrime automatically creates system backups (Advanced Service only). The customer shall make his own additional data backup on a daily basis.

The customer is responsible for using only secure passwords when using NMS Prime and for being aware of who has access to the system.

• Passwords should be periodically changed

• Root access via ssh must only be possible with a certificate, not with a password.

• The customer uses NMS Prime only according to the recommendations of the Official Documentation.

• The customer takes care of full backups of the NMS Prime VM at regular intervals ( happily with our help)

• The customer is responsible for ensuring that his servers are physically protected - in particular but not exclusively with regard to

  • Overvoltage

  • Power redundancy

  • UPS

3.4. Incident Management (only for Advanced Service)

• In case of defects in the NMS Prime, the customer will contact NMS immediately after they have been noticed (Service Desk).

• In the event that NMS requires data from the Customer for the maintenance and troubleshooting of the system, the Customer shall provide the data as soon as possible.

• Insofar as NMS requires the assistance of the customer for the elimination of defects of the system, the customer shall be obligated to entrust sufficiently qualified employees with the cooperation in the elimination of defects. This shall apply in particular but not exclusively to

  • the network quality of the TV cable network

  • the availability of the CMTS, switch, router, ...

  • the functionality of the server hardware.

3.5. GDPR

It is the customers obligation to provide an IT security concept together with NMS if personal data is processed.

3.6. Additional obligations in case of cloud usage

The customer shall provide an IPSec-capable router in its network. Communication between the customer's network components and NMSPrime shall take place via a VPN tunnel.

4. Remuneration

The standard fees for the NMS Prime Subscription Agreement are based on the amount of the following elements (unless otherwise regulated):

• Modems

• Contracts / TV billing Customers

• NetGws, means CMTS, BRAS and OLT

and the installed apps that the customer uses and will be determined in writing at the time the agreement is signed. If the customer has more items or more installed apps during the term than specified at the time the contract is entered into the customer agrees to pay an additional charge for the additional items or apps for the rest of the term equal to the applicable list price, unless otherwise agreed upon.

A maximum monthly limit of support hours is agreed as follows: Monthly fee / 100€. If these are used up, NMS will inform the customer and will perform further services in the current month only after confirmation by the customer. The unused support hours expire at the end of the month.

These additional hours are to be compensated with 78€ net for support hours and with 95€ net for engineering hours. Engineering hours means e.g. individual adjustments to the source code or programming of new interfaces.

5. Security Instructions

5.1. Incident Management (only for Advanced Service)

Response time is defined as the time from when the incident report is received to the start of the initial analysis by a qualified staff member.

5.2. Operational responsibility

• We only help, but have no responsibility for maintaining operational functionality

• We are not responsible for external interfaces at the customer and the provided devices / systems.

5.3. GDPR

Duties of customers: You shall create an IT security concept with us if personal data is processed.

Services of NMS: see Administrative Services under Services of NMS. (only for Advanced Service).

6. Legal

NMS operates on the basis of the NMS Prime General Terms and Conditions wich are legal provisions of the services as stated here. Further, the documents as stated as Appendices shall apply.

6.1. Terms

Term: The contract is concluded for an indefinite period of time, but at least for the duration of 2 years.

It shall be extended automatically by a further year if it is not terminated with 6 weeks' notice before the end of the contract period. The right to an extraordinary termination by good cause remains unaffected.

NMS shall have good cause to terminate this contract, in particular, if the customer violates its obligations or fails to pay due invoices despite a reminder and the setting of a deadline.

6.2. Place of performance and applicable law

Chemnitz

The Laws of the federal Republic of Germany are applicable.

6.3. Subcontractor

AWS – Amazon Web Services (nur bei "Cloud"-Option)

7. Attachments

Annex GTC

Annex DPA

Annex ALL

Annex EULA