Enterprise Support and Services Term of Use

By purchasing Premier Support, Priority Support, TAM Services or Training Credits (as each of these terms is defined below), Customer (as defined below) agrees to the following, as applicable:

      I.   General Terms

  • Terms. These Enterprise Support Terms of Use (the “Terms”) are between you and Atlassian Pty Ltd (ABN 53 102 443 916) (“Atlassian”). If you are agreeing to these Terms not as an individual but on behalf of your company, then “Customer” or “you” means your company, and you are binding your company to these Terms. By clicking on the “I agree” (or similar button) that is presented to you at the time of your order, or by using or accessing the Products, you indicate your assent to be bound by these Terms.
  • Customer Agreement; TAM Services Agreement. Premier Support Services, Priority Support Services, and Training Credits are provided under the terms and conditions of the Atlassian Customer Agreement, currently located at https://www.atlassian.com/customer-agreement (the “Customer Agreement”) along with the applicable terms below. The TAM Services are provided under the terms and conditions of the Atlassian Professional Services Agreement (currently available at http://www.atlassian.com/legal/services-agreement) along with the terms in Section IV below (TAM Services) (together, the “TAM Services Agreement”). 
  • Definitions. Any capitalized terms used but not defined herein shall have the meaning ascribed to such terms in the Customer Agreement. “Premier Support” means premier support services as described in Section II below; “Priority Support” means priority support services as described in Section III below; “TAM Services” means the Technical Account Manager services described in Section IV below; “Training Credits” means credits for Atlassian courses and training services as described in Section V below.
  • Deliverables. Atlassian shall retain all right, title and interest in and to any deliverables, modifications, derivative works or developments in whatever medium created by Atlassian (or its agents) related to the TAM Services (if applicable), Premier Support (if applicable), Priority Support (if applicable), or any Products (“Deliverables”). Any Deliverables provided to Customer may be used only in connection with the Products subject to the same use restrictions in the Customer Agreement as for Products.  The Deliverables and any non-public information concerning Atlassian’s Products or business (including information about Beta Versions) are deemed Atlassian’s Confidential Information.
  • No Returns. Section 10.1 (Return Policy) of the Customer Agreement shall not apply to Premier Support, Priority Support, TAM Services, or Training Credits. All the fees for such services are non-cancelable and non-refundable.
  • Purchase Orders. If a PO number is required in order for an invoice to be paid, then you must provide such PO number to Atlassian by emailing the PO number to ar_enterprise@atlassian.com. In all cases, you are obligated to pay the total fees as indicated on your Order.
  • Your purchases. You acknowledge that each of your purchases of Premier Support Services, Priority Support Services, TAM Services, and Training Credits is separate from any other purchases of Premier Support Services, Priority Support Services, TAM Services, Training Credits, Products or related services. Payment obligations for any Premier Support Services, Priority Support Services, TAM Services, and Training Credits are not contingent on the purchase of any other Products or related services.
  • Support Term. The Premier Support period, the Priority Support Period, and the TAM Services period shall all be indicated in your Order as applicable.  The applicable Premier Support period, Priority Support period, expires on the date as indicated in your my.atlassian.com (“MAC”) account.  The TAM Services term starts on the TAM Services start date indicated in your Order.
  • Future Functionality. You agree that purchases made under any Order are not contingent on the delivery of any future functionality or features, or dependent on any oral or written public comments made by Atlassian regarding future functionality or features.

 

If Premier Support services are included in the applicable Order, the following terms will also apply:

      II.  Premier Support Services

  • Description of Premier Support Services. The description of the service, how it works, service levels, and support coverage is currently located at https://confluence.atlassian.com/support/premier-support-offering-details.html (the “Atlassian Premier Support Offering Details”). Premier Support services are performed remotely via phone, screen shares, tickets, chat and other electronic means and will not include travel to or time spent on Customer’s site. Premier Support does not include any software or software upgrades. For the avoidance of doubt, services not included in the Atlassian Premier Support Offering Details are not Premier Support services. The Atlassian Premier Support Offering Details and features are subject to change.
  • Requirement to be Current in Maintenance. Premier Support requests are limited to Products that are covered under current and up-to-date maintenance periods.  If a Customer requests Premier Support coverage on a Product that does not have a current and up-to-date maintenance period, then the request is excluded from the Premier Support offering until the maintenance is brought current.
  • Onboarding Period. During an initial period after purchase, Atlassian will manually transition tickets, calls, and support requests from standard support queues to the Premier Support queues until the named contacts, domains, and/or SEN numbers (“Required Information”) are configured to be associated with the Premier Support account (the "Onboarding Period").  During the Onboarding Period Atlassian will make reasonable efforts to meet service levels. Atlassian will continue to manually transition support requests and make reasonable efforts to meet service levels throughout the support period until Required Information is received from Customer and configured in the Atlassian support systems.
  • Expiration of Premier Support Period. Upon expiration of the Premier Support term, Customer will no longer have access to Premier Support.  The Premier Support period may be renewed by mutual written agreement of the parties, but terms and conditions, including pricing, are subject to change.
  • Publicity. Upon mutual written agreement of the parties, Customer agrees to be featured as the subject of a case study testimonial or white paper written by Atlassian as described in this Section.  The testimonial or white paper will discuss Customer’s experience with Premier Support and may be published on Atlassian’s website, distributed in its marketing materials, or published in relevant media outlets. Customer will have the right to approve such materials in advance, such approval not to be unreasonably delayed or withheld.

 

If Priority Support services are included in the applicable Order, the following terms will also apply:

      III. Priority Support Services

  • Description of Priority Support Services. The description of the service, how it works, service levels, and support coverage is currently located at https://confluence.atlassian.com/support/atlassian-support-offerings-193299636.html (the “Atlassian Priority Support Offering Details”). Priority Support services are performed remotely via phone, screen shares, tickets, chat and other electronic means and will not include travel to or time spent on Customer’s site. Priority Support does not include any software or software upgrades. For the avoidance of doubt, services not included in the Atlassian Priority Support Offering Details are not Priority Support services. The Atlassian Priority Support Offering details and features are subject to change.
  • Requirement to be Current in Maintenance. Priority Support requests are limited to Product(s) that are covered under current and up-to-date maintenance periods. If a Customer requests Priority Support coverage on a Product that does not have a current and up-to-date maintenance period, then the request is excluded from the Priority Support offering until the maintenance is brought current.
  • Onboarding Period. During an initial period after purchase, Atlassian will manually transition eligible tickets, calls, and support requests from standard support queues to the Priority Support queues until the SEN number(s) (“Required Information”) are configured to be associated with the Priority Support account (the "Onboarding Period"). During the Onboarding Period Atlassian will make reasonable efforts to meet service levels. Atlassian will continue to manually transition eligible support requests and make reasonable efforts to meet service levels throughout the support period until required information is received from Customer and configured in the Atlassian support systems.
  • Expiration of Priority Support Period. Upon expiration of the Priority Support term, Customer will no longer have access to Priority Support.  The Priority Support period may be renewed by mutual written agreement of the parties, but terms and conditions, including pricing, are subject to change.
  • Publicity. Upon mutual written agreement of the parties, Customer agrees to be featured as the subject of a case study testimonial or white paper written by Atlassian as described in this Section.   The testimonial or white paper will discuss Customer’s experience with Priority Support and may be published on Atlassian’s website, distributed in its marketing materials, or published in relevant media outlets. Customer will have the right to approve such materials in advance, such approval not to be unreasonably delayed or withheld.

 

If TAM Services are included in the applicable Order, the following terms will also apply:

      IV.  TAM Services

  • Description of TAM Services:
    • How the TAM program works. A Technical Account Manager (“TAM”) is an Atlassian product specialist who serves as Customer’s key point of contact with Atlassian and provides general advice and guidance on Products and related services (as further specified below). Atlassian will designate an employee to serve as Customer’s TAM. Atlassian may designate a new TAM for Customer from time to time, upon notice to Customer. The TAM will be available to provide Atlassian Technical Account Manager support services as further described below (“TAM Services”) to Customer during Business Hours (as defined below) for up to eight (8) hours a week during the TAM Services term (inclusive of direct support interactions and internal efforts on behalf of Customer). TAM Services may be provided via e-mail or over the phone, as designated by Atlassian and on the schedule mutually agreed by the TAM and Customer’s Account Representatives. From time to time as set forth in the Datasheet (as defined below), or as otherwise may be requested by Customer and at Customer’s expense, the TAM may travel to Customer’s site for the purposes of attending business meetings. However, for the avoidance of doubt, no services shall be rendered by the TAM at Customer’s location at any time. Business Hours shall mean 9am to 5pm in a mutually agreed primary location for service delivery on any day the New York Stock Exchange is open.
    • Account Representatives. Customer will designate up to two employees to serve as key points of contact with the TAM (the “Account Representatives”). All of Customer’s requests will be submitted through its Account Representatives, and Atlassian will be entitled to rely and act upon each Account Representative’s instructions. Customer will ensure that its Account Representatives have baseline technical knowledge of the Products.
    • Requirement to be Current in Maintenance. TAM Services are limited to Products that are covered under current and up-to-date maintenance periods. If a Customer requests TAM Services coverage on a Product that does not have a current and up-to-date maintenance period, then the request is excluded from the TAM Services offering until the maintenance is brought current.
    • What the TAM does. A full description of the TAM Service delivery is available in the TAM Services Datasheet, currently located at https://www.atlassian.com/dms/wac/enterprise/Atlassian-TAM.pdf (“Datasheet”). Actual areas of advice and guidance will depend on Customer’s requests and needs. Atlassian may update the list of TAM Services from time to time upon notice to Customer. Topics not listed in the Datasheet are outside the scope of TAM Services.
    • What the TAM does not do.  

      The TAM will not:

      • Be responsible for implementing Customer’s projects;
      • Provide any guaranteed influence on the Atlassian roadmap; or
      • Provide customizations or modifications to the Products.
  • Limits on TAM Services. Customer acknowledges that the TAM Services fee is to secure the availability of the TAM as well as the time and effort spent by the TAM on TAM Services.  Hours not consumed in a given week cannot be banked, accumulated or saved for subsequent weeks. While Atlassian will use commercially reasonable  efforts to provide TAM Services in a professional manner and to address Customer’s requests, there is no guarantee that all requests will be resolved. TAM Services are purchased separately from other Atlassian products and payment obligations for the TAM Services are not contingent on the purchase of any other Products.
  • TAM Services Term. Upon expiration of the TAM Services term, Customer will no longer have access to the TAM Services.  The TAM Services term may be renewed by mutual written agreement of the parties, but terms and conditions, including pricing, are subject to change.
  • Payment Details and Expenses.  All fees shall be paid pursuant to the Order and are non-cancelable and non-refundable. Customer will reimburse Atlassian for reasonable travel and lodging expenses as incurred. Fees for TAM Services are separate from fees paid for Atlassian Products.
  • Publicity. Upon mutual written agreement of the parties, Customer agrees to be featured as the subject of a case study testimonial or white paper written by Atlassian as described in this Section. The testimonial or white paper will discuss Customer’s experience with the TAM Services and may be published on Atlassian’s website, distributed in its marketing materials, or published in relevant media outlets. Customer will have the right to approve such materials in advance, such approval not to be unreasonably delayed or withheld.

 

If Training Credits are included in the applicable Order, the following terms will also apply:

     V.  Training Credits. "Training Credits" are prepaid funds of the dollar amount shown on the quote referenced in the applicable Order, to be applied against Customer’s purchase of Atlassian University-sold training and certification (“Courses”) as detailed on https://www.training.atlassian.com during the Eligibility Period (defined below). To redeem Training Credits, Customer must make its purchase through Atlassian’s designated order flow and consume Courses through Atlassian’s designated platform in accordance with each Course’s availability timetable.  Training Credits may not be applied against other purchases and cannot be combined with cash to purchase Courses.  Customer is responsible for managing its training accounts and for any redemptions made using its accounts. Training Credits are applied against Atlassian’s standard training fees at the time of purchase of the Courses. Procurement of Courses is subject to Atlassian’s Training Terms of Use (currently located at https://www.atlassian.com/legal/training-terms-and-policies) ("Training Terms of Use"). In the event of a conflict or any inconsistency between the applicable Order and the Training Terms of Use, the Order will control. Training Credits expire twelve (12) months from the Order effective date (“Eligibility Period”), regardless of the actual purchase date.  Unused Training Credits, including Training Credits that are redeemed but unconsumed, do not roll over and are non-transferable, non-creditable and non-refundable. Customer may purchase additional Training Credits to be used during the Eligibility Period, as mutually agreed in a subsequent Order.