Performance Review Service for SAP Commerce Cloud
Terms and Conditions
By clicking "Accept" or “Agree,” you agree to all of the terms and conditions stated in this Agreement. If you do not agree to these terms, do not click "Accept" or “Agree.” By clicking “Accept” or “Agree” you hereby represent and warrant that you have been given the power of attorney by your employer (“Customer”) to carry out this transaction and conclude the respective contracts with SAP on behalf of your employer. If you do not have the appropriate power of attorney, we kindly ask you to not continue with this transaction.
Once completed, this agreement (defined below) is a legally binding agreement for SAP Services between Customer and the SAP affiliate or subsidiary company in the country in which Customer is located and from whom Customer is ordering the Services displayed in the Purchase Review and Order Confirmation (both defined below) (“SAP”).
Please note, that the transaction will only be completed, and the contract formed, when SAP accepts Company’s offer by either SAP sending an order confirmation e-mail to Customer, or the Services have been made available to Customer by SAP. Until then, if any issue arises regarding the processing of the order, SAP reserves the right to cancel the transaction and Customer will be notified accordingly
This order document (Order Form) is governed by and incorporates the following documents in effect as of the effective date. All documents are listed in order of precedence, and collectively referred to as the “Agreement”:
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Agreement
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Location
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Order Form (including Scope
Document)
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This Order Form and Exhibit 1
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Data Processing Agreement for SAP Services (“DPA”)
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https://www.sap.com/about/trust-center/agreements/onpremise/data-processing-
agreements.html?tag=agreements:data-processingagreements/support-professional-services
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SAP Services General Terms and Conditions (“GTC”) (for country in which Customer is located)
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https://www.sap.com/about/trust-
center/agreements/services/sap-professionalservices.html?tag=agreements:general-terms-andconditions/services-customer-direct-or-sap-as-prime
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Customer has had the opportunity to review the Agreement, including without limitation the Scope Document, the GTC, the DPA and terms and conditions mentioned above, prior to accepting this Agreement. For purposes of this Agreement, the following provisions of the GTC shall not apply: Change Request Procedures (generally section 4) and Satisfaction with Personnel (generally section 5).
SAP recommends Customer prints copies of this Order Form, the applicable DPA and GTC for Customer’s own records.
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SERVICES FEES AND PAYMENTS
The applicable Service fees (“Service Fees”) for the Services are identified in the purchase review displayed on the SAP Store (“Purchase Review”) as well as in the corresponding order confirmation email Customer receives from SAP (“Order Confirmation”). The Service Fees are payable by Customer as follows.
(a) If Customer is registered as an authorized buyer of SAP products, Customer may choose to pay the Service Fees via invoice. SAP will invoice Customer and payment is due 14 days after the invoice date. (b) If Customer is not registered as an authorized buyer, Customer must use a valid credit card to complete this order. Service Fees will be billed to Customer’s credit card upon Order Confirmation.
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SERVICE LOCATION AND TAXES
Customer acknowledges that the “Ship-to” address entered by Customer in the SAP Store site is the primary location of receipt of the Service(s) (“Service Location”) and should be in the same country in which Customer is located and has its billing address. It is the obligation of the Customer to consider if withholding tax is applicable. In case of any applicable local taxes, these are to be borne by Customer. Applicable taxes have to be declared and paid to the respective tax authority by Customer. Customer’s failure to provide SAP with its VAT and/or GST number may have sales tax implications. Services Fees do not include Taxes.
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SCHEDULING OF THE SERVICE DELIVERY
Unless otherwise stated in Exhibit 1, SAP shall contact Customer within 5 business days after Order Confirmation to schedule the start of the Service.
Exhibit 1 to Order Form
Scope Document for Performance Review Service for SAP Commerce Cloud
This Scope Document is part of the Order Form.
ContentS
1 Scope of Services. 2
1.1 Scope. 2
1.2 Functional and Technical Pre-requisites. 2
2 Approach and RACI 2
3 Schedule. 3
4 Organization. 3
4.1 SAP Team.. 3
4.2 Customer Team.. 4
5 SAP Deliverables and Procedure. 4
5.1 SAP Deliverables. 4
5.2 Deliverable Procedure. 4
6 Customer responsibilities. 5
6.1 Services-specific Customer Responsibilities. 5
6.2 General Customer Responsibilities. 5
The 5
7 Assumptions. 5
7.1 Services-specific Assumptions. 6
7.2 General Assumptions. 6
8 Exclusions. 6
8.1 General Exclusions. 6
9 Definitions. 7
- Scope of Services
Customer is undertaking activities utilizing SAP Software. Customer is the owner of the project and has overall responsibility for the project and the process, scope, costs, resources, and targeted solutions.
SAP will provide the following services to assist Customer with the assessment of the potential use of SAP Commerce Cloud as specified herein: performance review service for SAP Commerce Cloud (“Services”).
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- Scope
The SAP consultant(s) assigned to the Services will execute one performance review for SAP Commerce Cloud, solution. The objective is to conduct a performance assessment of the SAP Solution and document specific findings with actionable recommendations.
The following scope items form the scope of the Services to be provided by SAP and covers the following applications only:
- SAP Commerce Cloud
- Review and analyse the Customer Performance Test strategy and plans
- Execute SAP Commerce Cloud application profiling.
- SAP will review, analyze, and report findings on load test data/production data.
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- Functional and Technical Pre-requisites
To enable SAP and Customer to conduct a performance review Services for SAP Commerce Cloud, the Customer shall provide the following information prior to the start of the Services:
- SAP Commerce Cloud functional specifications documents
- Non-functional requirements, including load and Customer projections in the future
- Customer performance test strategy and plans
- Performance test scripts as related to load testing, stress testing and volume testing
- SAP Commerce Cloud detailed technical design documents
- Access to source code and extensions
- Access to backoffice and target environment
- Specific data, load test data/production data, as related to peak traffic.
- Architecture documentation including application, logical, physical and integration design documents
- Approach and RACI
SAP will follow the applicable parts of the SAP Activate methodology to execute this Services. SAP and Customer agree the following responsibility matrix of activities.
SAP and Customer agree the following responsibility matrix of activities.
- Responsible (R): Charged with performing the activities. A mutually agreed project plan may define further details at the work unit level.
- Accountable (A): The Customer has overall accountability for its implementation and all the activities identified below. Hence, Accountable (A) does not appear for the activities below.
- Consulted (C): Provides input on how to perform the activity and supports the execution of the activity.
- Informed (I): Provided with information.
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Activity
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SAP
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Customer
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Prepare Phase
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Carry out preparatory steps as needed to perform the Services
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C
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R
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Prepare SAP’s schedule
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R
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I
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Prepare a recommended Services structure including key roles and templates
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R
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C
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Confirm Services structure
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C
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R
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Prepare the kick-off workshop including presentation, schedule and list of participants
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R
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C
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Confirm, in writing, completion of pre-requisites (see section 0)
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C
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R
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Hold Kick-Off: Communicate the background of the Services, roles and responsibilities, schedule, expectation and approach
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C
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R
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Explore Phase
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Conduct an initial call with the Customer team to understand their current solution and landscape setup
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R
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C
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Review Customers’ production peak traffic data as provided
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R
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C
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Conduct initial review of provided documents
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R
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I
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Schedule Q&A sessions with Customer to provide additional information or insight, according to SAP’s discretion.
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R
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I
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Review and analyse performance test strategy and plans, including performance KPI’s
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R
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I
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Execute the performance test scripts (that is, load, stress and volume) as provided by the Customer
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R
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I
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Realize Phase
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Identify performance, risks and provide recommendations in performance optimization
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R
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C
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Prepare final assessment report
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R
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I
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Schedule one preliminary observation debrief discussion with the Customer Subject Matter Expert’s and Project Sponsor
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R
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C
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Provide assessment report to Customer
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R
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C
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- Schedule
The period during which the Services will be provided will be mutually agreed between the parties.
The estimated duration for the Service is 3 consecutive weeks.
- Organization
- SAP Team
The key SAP roles are as follows.
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SAP Team
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Level of Involvement
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Project Manager
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Single resource. Part-time. Offsite.
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SAP Commerce Cloud Architect
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Single resource. Part-time. Offsite.
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SAP Commerce Cloud Functional Consultant
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Single resource. Part-time. Offsite.
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SAP Commerce Cloud Technical Consultant
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Single resource. Part-time. Offsite.
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- Customer Team
The Customer team will include the following roles. Customer team is assumed to be available to complete Customer activities.
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Customer Team
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Description
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Level of Involvement
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Project Sponsor
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Decision maker on scope, priorities, budget and changes issues. Active advocate for the project.
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Single resource. Part-time
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Project Manager
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Single point of contact for management of resources, resolving issues, project plan, project status and decision-making process through the steering committee.
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Single resource. Part-time
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Business Lead (Decision Maker)
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Owns business processes, approves the solution and is the key liaison between the project and the business.
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Single resource.
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Business / Subject Matter Experts
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The subject matter expert represents the business. Provides information on business processes from the point of view of the business users.
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Multiple resources. Part-time.
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Technical Lead / Data Lead / Architect
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Responsible for architecture, data and technical implementation decisions on the project
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Multiple resources. Part-time.
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Technical / Integration / Development Subject Matter Experts
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Subject matter expert on relevant technical implementation details (integrations, catalog design, continuous integration...)
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Multiple resources, as needed.
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- SAP Deliverables and Procedure
- SAP Deliverables
The following table lists the SAP Deliverables:
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Deliverable
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Deliverable Description
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Completion Criteria
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Deliverable Procedure
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Kick-off Workshop Materials
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Documents defining the Service delivery approach, objectives, roles, and schedule.
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Handover of the workshop materials.
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Approval upon completion
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Assessment Report
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Documentation of the key findings and recommendations of the Services including executive summary.
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Handover of final assessment report.
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Approval upon completion
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- Deliverable Procedure
Approval upon completion: SAP Deliverables shall be deemed completed and approved by Customer when the above completion criteria have been met.
- Customer responsibilities
Customer has the following responsibilities. If Customer does not fully meet or fulfil any of the specified responsibilities or requirements in this Agreement, this shall result in a delay of the provision of the Services or an increase of the fees.
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- Services-specific Customer Responsibilities
- Customer shall provide documentation that contains necessary information to conduct the Services.
- All prerequisite documentation identified, in section 1.2 above, must be provided in English.
- Customer shall provide any necessary project documentation per section 1.2 above, list of pain points, 5 business days prior to the start of the Services.
- Customer shall prepare a walk through of their SAP Commerce Cloud implementation, the context, and scope.
- Customer shall provide SAP the relevant and specific data, load test data/production data, for the peak traffic to be analyzed at the start of this Services.
- Participation of the Customer support/project team members not limited to, and leaders in all stages of the Services. [PC1]
- Provide load generator system along with access, credentials, and any enablement content.
- General Customer Responsibilities
- Customer shall ensure that Customer’s team members are knowledgeable about the scope as defined in section 1 and define their training approach and schedule. Customer shall ensure that key users are available for all workshops and activities as needed.
- Customer shall minimize the change in personnel throughout the duration of the Services.
- If third-parties on Customer side are involved: Customer shall manage any Customer’s third-party contractors and be responsibility for the acts, omissions and defects of such third-party that Customer contracts or instructs to perform Customer’s duties.
- Customer shall supply SAP with the names and contact information of key Customer and third-party resources.
- Customer shall carry out organizational change management activities, training and knowledge transition activities which include, but are not limited to the following: communication plan, organizational transition plan, business readiness for go live, design and roll-out of end-user training, coordination with remote sites, and project communication to the company.
- Customer shall ensure that a consistent, stable, and fast SAP remote support connection/service connection is available between SAP and the Customer at the required times.
- Customer shall provide SAP with the necessary authorizations for remote access to Customer’s systems.
- Customer shall allow the use of SAP laptops and mobile devices on Customer’s network to SAP’s network via SAP’s Virtual Private Network (VPN) protocols; otherwise, Customer will provide PCs and/or laptops with the Microsoft Office Suite and e-mail capability for the SAP team. Laptops and/or PCs provided by Customer must have the latest virus protection software.
- Customer shall provide technical advice regarding any third-party systems to which the team will have access.
- Customer shall sign-off Deliverables in accordance with section 5.
- Customer shall comply with all current relevant governmental and regulatory requirements, including but not limited to GDPR.
- The Assumptions
The following assumptions apply:
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- Services-specific Assumptions
- Q&A sessions will be initiated by SAP only during the [PC2] performance review for SAP Commerce Cloud. These sessions are intended for the Customer to provide answers to SAP.
- This performance review service for SAP Commerce Cloud is not intended to be a substitute or replacement for detailed requirements gathering, review, and solution engineering and design modification.
- The Customer must provide business process/subject matter experts to provide walkthrough and be available for ad-hoc questions/follow-ups during the course of the Services.
- General Assumptions
- SAP may require up to 2 weeks to assemble a team. SAP reserves the right not to start the Services until SAP has assembled a team.
- Services are delivered remotely.
- The project language and corresponding documentation is English. All SAP documentation shall be delivered in English only.
- Services are based on a predefined scope and delivery approach. In performing the Services, SAP may utilize accelerators such as SAP Best Practices.
- SAP may use certain software and tools (all referred to as Tools herein) for its work, for which the rights are not already regulated through a software license agreement. All title to and rights in Tools, including without limitation copyright and rights of authorship, remain with SAP or SAP SE. These Tools may be copied to Customer’s system and Customer is granted non-exclusive rights to use Tools for the term of and solely for the purposes related to the Services. No other use, including the creation of further copies or use on another system, is permitted. Tools and all permitted copies of Tools must be deleted at the end of the Services. If at SAP’s sole discretion Tools are left on the system for documentation purposes, Customer is not permitted to use Tools for any other remaining purpose except documentation. Such Tools are on an as-is basis with no warranty. SAP will not support or enhance the Tools beyond what is provided during the term of the Services.
- All supporting documentation will be developed using personal computers/laptops using Microsoft Office applications (Word, Excel, MS Project, PowerPoint) or other mutually agreed documentation tools.
- Exclusions
Any items or services not defined as in scope for this Services are deemed out of scope, including, but not limited to the following exclusions:
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- General Exclusions
- Deliverables not explicitly described in this Scope Document.
- Procurement of software licenses (SAP and non-SAP licenses).
- Developments that modify the standard SAP Software source code including, but not limited to,to existing user exits.
- WRICEF development objects (Workflows, Reports, Interfaces, Conversions, Enhancements and Forms).
- Programs or content to migrate data. Data cleansing of migrated data from Customer systems.
- Upgrade to the SAP solution components, operating systems or database systems.
- Any project testing activities.
- Any work in quality assurance or production environments.
- Customer specific catalogues (aka entitlements, product inclusions and product exclusions).
- A detailed mitigation plan addressing the identified risks and issues.
- No code or system changes will take place during this Performance Review assessment, such as changes to configuration – only recommendations will be given.
- UX/UI reviews.
- Implementation or execution of any type of actions to mitigate the identified risks and issues.
- Addressing or resolving any OSS messages.
- Taking over any responsibility regarding the management of the project.
- Organization Change Management activities, knowledge transfer and end-user or SAP Commerce Cloud administrative trainings.
- Data cleansing or data cleanup.
- Any work to be performed on Customer’s legacy systems.
- Performance related issues will not be resolved, however will provide recommendations.
- Definitions
- “SAP Best Practices” means SAP’s predefined business processes, configuration content and documentation for SAP Software. SAP Best Practices may be used as the basis for SAP implementation activities.
- “WRICEF” means
- Workflows: a workflow is a sequence of connected steps triggered by an event to automate a process such as a document approval. Examples include SAP Business Workflows.
- Reports: technical objects designed to deliver business figures or reports with no change to application data.
- Interfaces: technical objects to transfer information from one system to another, usually referring to objects that are not part of the SAP licensed Software. Examples of technology include SAP Process Orchestration and Intermediate Documents (IDocs).
- Conversions: technical objects used to migrate data to SAP systems during the Service. Examples of technology include data migration programs, SAP Data Services and Legacy System Migration Workbench (LSMW).
- Enhancements: changes and additions to SAP functionality using development objects specifically provided for Customer changes. Examples include the use of user exits and business add-ins .
- Forms: printed or electronic forms containing formatted information from SAP applications. Examples of technology include SAPscripts, Smart Forms and SAP Interactive Forms by Adobe.“GDPR”: means the General Data Protection Regulation under Law No. 2016/679 (EU).
[PC1]Please correct this phrase. It is not clear.
[PC2]Please add the phase in which the Q&A sessions will take place.
