HCL Terms of Use - Cloud Specific Offering Terms

The Terms of Use ("ToU") is composed of this HCL Terms of Use - Cloud Specific Offering Terms ("Cloud Specific Offering Terms"); the Master License Agreement (available at https://www.hcltech.com/products-and-platforms/support) by and between HCL and You, and all documents referred to therein including the Order; and Azure Customer Agreement available at the following URL: https://azure.microsoft.com/en-us/support/legal/subscription-agreement/. Together, these documents, including those referenced therein, make the complete agreement ("Agreement"). Any capitalized terms used but not defined in this ToU shall have the meanings given to such terms in the other documents of the Agreement.

In the event of a conflict, the Cloud Specific Offering Terms prevail. By ordering, accessing, or using the HCL Cloud Offerings, You agree to the ToU.

1. HCL Cloud Offering

The following HCL Cloud Offering is covered by these Cloud Specific Offering Terms:

2. Charge Metrics

The HCL Cloud Offering is sold under the charge metric(s) as specified in the Order.

3. Charges and Billing

The amount payable for the HCL Cloud Offering is specified in an Order.

  1. Set-Up Charges
  2. Set-Up Services are purchased on a per engagement basis and will be billed at the rate specified in the Order.

  3. Partial Month Charges
  4. A partial month charge as specified in the Order may be assessed on a pro-rated basis.

4. Technical Support

Technical support for the HCL Cloud is provided via online forums, and an online problem reporting system. Technical support is offered with the HCL Informix Cloud offering and is not available as a separate offering.

Severity 1

Response Time Objectives: Within 1 hour

Response Time Coverage: 24x7

Severity Definition:

Critical business impact/service down: Business critical functionality is inoperable or critical interface has failed. This usually applies to a production environment and indicates an inability to access services resulting in a critical impact on operations. This condition requires an immediate solution.

Severity 2

Response Time Objectives: Within 2 business hours

Response Time Coverage: M-F business hours

Severity Definition:

Significant business impact: A service business feature or function of the service is severely restricted in its use or you are in jeopardy of missing business deadlines.

Severity 3

Response Time Objectives: Within 4 business hours

Response Time Coverage: M-F business hours

Severity Definition:

Minor business impact: Indicates the service or functionality is usable and it is not a critical impact on operations.

Severity 4

Response Time Objectives: Within 1 business day

Response Time Coverage: M-F business hours

Severity Definition:

Minimal business impact: An inquiry or non-technical request.

5. HCL Cloud Offering Additional Terms

  1. General
  2. You agree that HCL may publicly refer to You as a subscriber to the HCL Cloud Offering in a press or marketing communication.

  3. Personal Information and Regulated Data
  4. This HCL Cloud Offering is not designed to any specific security requirements for regulated content, such as personal information or sensitive personal information. You are responsible to determine if this HCL Cloud Offering meets Your needs with regard to the type of content You use in connection with the HCL Cloud Offering.

  5. Security
  6. You acknowledge that the HCL Cloud Offering is controlled by You and You agree to maintain the HCL Cloud Offering in accordance with Your security standards and those required under the Azure Customer Agreement. Further, HCL will not be responsible for any claims, losses, and liabilities or damages relating to any claims (including loss of data) made against HCL as a result of Your failure to maintain security standards for the HCL Cloud Offering.

  7. Encryption
  8. Informix native encryption is included for all configurations of the HCL Cloud Offering. Informix native encryption encrypts Your Informix database and provides secure local key management based on Public Key Cryptography Standard #12 (PKCS#12). HCL provides You with an initial Informix server with encryption at rest. You are responsible for any change, and further configuration, implementation, and maintenance of encrypted Informix databases using the included Informix options, utilities, and documentation.

  9. Derived Benefit Locations
  10. Where applicable, taxes are based upon the location(s) You identify as receiving benefit of the HCL Cloud Offering. HCL will apply taxes based upon the business address listed when ordering an HCL Cloud Offering as the primary benefit location unless You provide additional information to HCL. You are responsible for keeping such information current and providing any changes to HCL.

  11. Your Obligations
  12. You are obligated to install patches for Informix, operating system, and other software in a timely manner to avoid defects, avoid security issues, and maintain currency with new functionality.