Service Terms

The following Service Terms apply only to the specific Services to which the Service Terms relate. In the event of a conflict between the terms of these Service Terms and the terms of the Master Services Agreement or other agreement(s) (e.g., Statement of Work or Services Order Form) with us governing your (“Customer”) use of Mission’s Services (collectively the “Agreement”), the terms and conditions of these Service Terms shall apply but only to the extent of such conflict. Mission may update the Service Terms from time to time by posting a revised version to this site, provided, however, that Mission will give Customer at least 30 day's advance written notice for adverse changes to Services. Customer is advised to review the Service Terms from time to time. By continuing to use the Services, Customer agrees to the updated terms. Capitalized terms used herein but not defined herein shall have the meanings set forth in the Agreement.

1. Value-Added Services.

1.1. During the term, Customer may have access and use certain features, technologies, and services made available to Customer by Mission at no additional cost. This section describes the additional terms and conditions in connection with these Value-Added Services. These Value-Added Services are provided “AS-IS” and Mission does not make any representations or warranties or guarantee that any Value-Added Services, or recommendations provided therein, will result in any improvement or specific outcome. Mission (on behalf of itself and any third-party licensors) disclaims any and all liability with respect to use of the Value-Added Services and for any damages, whether direct, indirect, incidental, special, punitive or consequential, and any loss of profits, revenue, data or data use, arising from use of the Value-Added Services. Mission may discontinue all or any portion of the Value-Added Services at any time for any reason.

1.2. Cloud Foundation.

1.2.1. As a Mission AWS resale customer, Customer may receive all or a portion of Mission Cloud Foundation (“Cloud Foundation”) at no extra cost. Current Cloud Foundation features are located at: https://www.missioncloud.com/cloud-foundation. This features list may be updated by Mission at any time without notice. Certain features may require additional configuration or third-party software.

1.3. Cloud Management Platform.

1.3.1. Mission may provide Customer access to a third-party Cloud Management Platform (“CMP”) designed to help customers monitor usage and cost, improve security and compliance, and optimize different aspects of Customer’s environment.

1.3.2. The use of CMP may require the use of other AWS Authorized Services which may incur a cost. Customer is responsible for any fees incurred for AWS Authorized Services used in connection with the CMP.

1.4. Priority Pricing

1.4.1. Mission may provide Customer access to special volume-level discounted pricing (“Priority Pricing”) if available to Mission for additional cost savings over standard AWS rates. Customer may opt-in to receive Priority Pricing in writing via email (or other contact method provided by Mission).

1.4.2. Customer acknowledges Priority Pricing may cause cost discrepancies between the AWS Billing and Cost Management (“BCM”) console and the amounts in the CMP.

2. Mission Support.

2.1. Mission will provide Mission-led support backed by AWS Support at the Business or Enterprise levels described at: https://aws.amazon.com/premiumsupport/. Customer will have access to different Mission support levels ("Mission Business Support", "Mission Enterprise Support Basic", and "Mission Enterprise Support Plus") (collectively "Mission Support") or other Mission support offerings as described in the applicable Agreement or other Mission support document provided thereunder.

2.2. Mission Support provides the following in-scope technical support features:

  • Support for “How to” questions about AWS products
  • General best practice guidance around specific use-cases
  • Troubleshooting guidance for AWS resources (e.g. EC2 instances)
  • Troubleshooting guidance for API and AWS SDK issues
  • Help with issues related to the AWS Management Console or other AWS tools
  • Assistance with problems related to AWS Service Health Dashboard (https://status.aws.amazon.com/)
  • General guidance for third-party software for most popular third-party software components

The technical support features below are out-of-scope:

  • Professional services
  • DevOps consulting services
  • Infrastructure management or development, such as instance provisioning or configuration
  • Code development
  • Debugging custom software
  • Performing system administrative tasks
  • Connecting to customer systems

2.3. Mission may provide other support features with Mission Support in addition to the features described in Section 2.3., including, but not limited to:

  • Named Mission Resources
  • Cloud Optimization Support: Assistance identifying and implementing improvements to optimize AWS environment
  • Reserved Instance Support: Support with analysis and implementation of reserved instances
  • Regular Account Review
  • Well-Architected Consulting: Periodic consultative review of AWS workload(s) compared to best practices

2.4. Customer may contact Mission for support by web, phone, email, or other contact method provided by Mission (collectively, the “Contact Method”). In addition, Customer may create an unlimited number of support tickets per month. During the Service Onboarding, Customer must designate Customer individuals authorized to contact Mission for Mission Support (the “Authorized Contacts”). Customer may update the Authorized Contacts at any time. Customer may permit Customer agents and subcontractors to contact Mission for support, provided that such agents or subcontractors are given a business email address with Customer’s domain name, unless Mission specifies otherwise, and are not competitors of Mission. Mission reserves the right to refuse Mission Support to Customer agents and subcontractors if Mission reasonably believes such individuals are competitors of Mission or possess a conflict of interest.

2.5. Customer must maintain Mission Support on all AWS Accounts, unless otherwise stated by Mission in writing.

2.6. Customer may not combine different Mission Support levels. Customer may change their support level at any time by submitting a written request to Mission via the web or email contact methods (or other contact method provided by Mission). Mission will endeavor to promptly implement any new support level requested by Customer.

2.7. Customer may not contact AWS at any time for any reason for technical support or service limit requests where Mission Support is provided. Furthermore, Mission may limit or block Customer access to AWS Support Center. Mission is solely responsible for handling all Customer communication, and contacting or escalating to AWS as needed. Mission may contact AWS if there is a(n) (i) underlying issue where Mission lacks access to resolve a problem (e.g., hardware problem affecting the AWS service), (ii) customer request where Mission lacks access to complete the request (e.g., Service Limit Increase), (iii) AWS service outage that affects one or more customers, and frequent updates and root cause analysis is needed, (iv) billing-related question or issue that requires AWS action (e.g., AWS SLA credit requests), and (v) “how-to” question about a service where Mission has exhausted all internal knowledge and is unable to provide guidance.

2.8. As mutually agreed upon by Mission and Customer, Customer may use direct AWS Support located at: https://aws.amazon.com/premiumsupport/ (“Resold AWS Support”) for AWS Accounts. Customer may not combine Mission Support and Resold AWS Support.

2.9 Mission will provide support for billing and account inquiries on all AWS Accounts with Mission Support or Resold AWS Support. Customer may not contact AWS directly for billing and account inquiries unless Mission specifies otherwise.

2.10. Mission Support is not available for Third-Party Software used by Customer in connection with any Authorized AWS Services. Mission Support may be available for problems arising from third party software provided by AWS in connection with Customer’s use of Authorized AWS Services.

2.11. Mission Support Fee Schedules.

2.11.1. Mission Business Support Fee Schedule. Mission Business Support is calculated using the following fee schedule:

  • 10% of monthly Authorized AWS Services fees for the first $0-$10,000 in fees; plus
  • 7% of monthly Authorized AWS Services fees from $10,000.01-$80,000 in fees; plus
  • 5% of monthly Authorized AWS Services fees from $80,000.01-$250,000 in fees; plus
  • 3% of monthly Authorized AWS Services fees over $250,000.01 in fees.

2.11.2. Mission Enterprise Support Basic Fee Schedule. Mission Enterprise Support Basic is calculated using the following fee schedule:

  • Greater of $5,000 per month; or
  • 10% of the Monthly Usage Fees for Authorized AWS Services for the first $0-$50,000 in Monthly Usage Fees; plus
  • 7% of the Monthly Usage Fees for Authorized AWS Services from $50,000.01-$250,000 in Monthly Usage Fees; plus
  • 5% of the Monthly Usage Fees for Authorized AWS Services from $250,000.01-$500,000 in Monthly Usage Fees; plus
  • 3% of the Monthly Usage Fees for Authorized AWS Services over $500,000.01 in Monthly Usage Fees.

2.11.3. Mission Enterprise Support Fee Schedule. Mission Enterprise Support Plus is calculated using the following fee schedule:

  • Greater of $15,000 per month; or
  • 10% of monthly Authorized AWS Services fees for the first $0-$150,000 in fees; plus
  • 7% of monthly Authorized AWS Services fees from $150,000.01-$500,000 in fees; plus
  • 5% of monthly Authorized AWS Services fees from $500,000.01-$1,000,000 in fees; plus
  • 3% of monthly Authorized AWS Services fees over $1,000,000.01 in fees.

2.11.4. Mission Support fees are (i) based on each month’s usage charges for Authorized AWS Services, subject to a monthly minimum if applicable, (ii) calculated before any discounts or credits are applied to Authorized AWS Services during the billing period, and (iii) performed on a per-account basis. Mission may aggregate the monthly spend for Authorized AWS Services where Customer has multiple AWS Accounts enabled in Mission Support. Customer may be obligated to pay for a minimum of thirty (30) days of support each time Customer enrolls in Mission Support, regardless of when Customer enrolled in or terminated Mission Support. Mission reserves the right to refuse to provide Mission Support to Customer if Customer frequently enrolls in and terminates Mission Support.

2.11.5. AWS Reserved Instances and other prepaid resources (“Prepaid Resources”) are included in the calculation of Mission Support. Existing Prepaid Resources are prorated based on when Customer enrolls in Mission Support and the number of months remaining for Prepaid Resources.

2.12. Mission Support Response Time Service Level Agreement (SLA).

2.12.1. Severity Level. The Mission Support Severity Levels are as follows.

  • Low (No Business Impact): Customer has general “how to” questions related to development, questions about billing, or other questions or requests where there is minimal or no impact to their business.
  • Medium (System Impaired): Customer’s application or system is behaving abnormally, but does not prevent essential operations of production environment or cause significant impact to their business. Or, customer has a need or question that is time-sensitive, but is not system related.
  • High (Production System Impaired): Customer’s production application or system is impaired resulting in service interruptions and other production issues. Customer’s business is significantly impacted.
  • Critical (Production System Down): Customer’s production application or system is unavailable and Customer’s business is at risk. Situation is an emergency and time-sensitive.

2.12.2. Mission Support Response Times.

  • Mission Business Support Response Times.
  • Low: First response within 24 hours
  • Medium: First response within 8 hours
  • High: First response within 2 hours
  • Critical: First response within 30 minutes
  • Mission Enterprise Support Basic Response Times.
  • Low: First response within 8 hours
  • Medium: First response within 2 hours
  • High: First response within 30 minutes
  • Critical: First response within 15 minutes
  • Mission Enterprise Support Plus Response Times.
  • Low: First response within 8 hours
  • Medium: First response within 2 hours
  • High: First response within 30 minutes
  • Critical: First response within 15 minutes

Mission Support is available 24/7.

2.12.3. General. For technical support requests under Mission Support, Mission will use commercially reasonable efforts to (i) respond within the Mission Support Response Times (“Response Times”) set forth above for all properly submitted tickets from Authorized Contacts, and ii) work towards the identification and resolution of the problems submitted. Response Times are measured from the point when a problem is reported to Mission via the Contact Method and the time Customer receives a response. Mission reserves the right to reclassify the Severity Level of tickets in Mission’s reasonable opinion. Mission does not represent, warrant or guarantee that (i) Mission will always be able to resolve a case fully, (ii) Mission will provide a bug fix, patch or other workaround in connection with the identified problem, or (iii) any guidance or support will result in any performance efficiency or improvement.

3. AWS Account.

3.1. AWS Account Root User.

3.1.1. During the term, Customer may manage the AWS Account Root User (the “Root User") as defined here: https://docs.aws.amazon.com/IAM/latest/UserGuide/id_root-user.html for an AWS “Member” Account (the “AWS Account”) as mutually agreed upon by Mission and Customer. Information on AWS Accounts is located at: https://docs.aws.amazon.com/organizations/latest/userguide/orgs_getting-started_concepts.html.

3.1.2. When managing the Root User, Customer is solely responsible for adhering to recommended Identity and Access Management (“IAM”) best practices as described here: https://docs.aws.amazon.com/IAM/latest/UserGuide/best-practices.html and implementing appropriate account configurations and security controls to ensure the Root User and related AWS Account are secure. As a best practice, Mission does not recommend using the Root User to access an AWS Account, except to initially create other users and roles with more limited permissions. Customer is solely responsible, and Mission has no liability, for any activities that occur under the Root User or within the AWS Account, regardless of whether such activities are undertaken by Customer, Customer agents, subcontractors or customers, or any other third party.

3.1.3. Customer may not use the Root User to (i) change the AWS support level on an AWS Account, (ii) disable billing access to any IAM users in the AWS Account's Billing and Cost Management console, (iii) close an AWS Account, (iv) attempt to remove an AWS Account from the Mission Payer Account, or (v) sign up for AWS GovCloud in the AWS Account’s Billing and Cost Management console. Customer will follow or promptly apply these AWS Account policies or guidelines associated with the Root User as described in this section or otherwise made available to Customer. If an AWS Account change is needed, Customer will first contact Mission for guidance and support. Mission may add or update these policies or guidelines at any time.

3.1.4. Customer is solely responsible for managing and maintaining the secrecy of the Root User login credentials (“Login Credentials”). In the event Customer’s Login Credentials are lost or stolen, Mission does not have the ability to recover or reset the Login Credentials.

3.1.5. Customer is solely responsible for deactivating or resynchronizing any Multi-Factor Authentication (“MFA”) device configured on an AWS Account by the Root User. If a Root User AWS Account MFA device is lost or broken, Mission will not be able to deactivate MFA on the AWS Account, nor will Mission be able to provide access to the Root User. Customer must work directly with AWS to deactivate MFA on any AWS Account where Customer no longer has access due to MFA issues. Mission recommends keeping the AWS Account contact information current so AWS can remove the MFA device in the event an MFA issue occurs that cannot be resolved with resynchronization.

3.1.6. From time to time, AWS will send important account-related notifications or other correspondence (the “Notifications”) to the Root User via the Customer email address associated with the AWS account. Customer is solely responsible for receiving and managing the Notifications.

3.1.7. Customer must provide Mission access to AWS Account as necessary to enable Mission to manage and deliver Services. Mission will not be responsible for delivering such Services during the period that access is not provided. Customer will remain responsible for any fees incurred during the time Services begin and access is made available.

3.1.8. Mission may contact Customer, from time to time, to implement a change or enforce a policy solely as necessary to remain in compliance with AWS’s reseller program, to enable Mission to manage and deliver Services, or to comply with the law or requests of governmental entities.

3.1.9. Mission may request access to monitor AWS Account Root User activity to increase security and verify compliance with these Service Terms. Customer will reasonably cooperate with Mission for such request.

3.1.10. Customer must add and maintain a valid credit or debit card (collectively “Credit Card”) in the AWS Account as a secondary payment method. Customer’s Credit Card will not incur any fees and charges while joined to a Payer Account via AWS Organizations.

3.2. Shared Responsibility Model.

3.2.1. As defined in the Shared Responsibility Model here: https://aws.amazon.com/compliance/shared-responsibility-model/, Customer is responsible for “Security in the Cloud”. Customer acknowledges and agrees that as the Root User, Customer will be responsible for maintaining the security of the Root User and related AWS Account, and failure to do so may result in Customer’s AWS Account being compromised, which may lead to a breach of data or data loss, may produce unexpected charges, or may cause some other event detrimental to Customer’s business. In the event an AWS Account is compromised, Mission will work with Customer and AWS to correct the situation as quickly as possible.

3.3. Shared Payer Account.

3.3.1. AWS requires that AWS authorized resellers maintain an AWS account (the “Payer Account”) that is configured to collect fees associated with the use of Authorized AWS Services by their resale customer(s).

3.3.2. As an AWS Reseller, Mission is responsible for managing and securing the Payer Account, and paying AWS all fees and charges incurred by Mission’s customers in their AWS accounts for a given invoice period. Mission manages the Root User for the Payer Account, and will not provide Customer with Root User access to the Payer Account at any time during the term of the Agreement. Mission may configure a single Payer Account that is linked to multiple customer AWS Accounts (the “Shared Payer Account” or “SPA”) to support billing activities such as invoicing, reduce overhead, and provide additional cost-savings benefits and value-added services. During the term of the Agreement, Mission will not provide Customer direct IAM access to the SPA at any time.

3.3.3. Mission is responsible for invoicing Customer at the end of a given invoice period for fees and charges incurred during that period (“Chargeback”). Due to AWS technical and chargeback limitations in connection with the Payer Account, Mission may use third-party software to track Customer’s resources, usage, and costs, and to facilitate Chargeback activities. From time-to-time, Customer may see a cost discrepancy between the AWS BCM console and the Mission invoiced amount. These discrepancies may be due to AWS Blended Rates as shown here: https://docs.aws.amazon.com/awsaccountbilling/latest/aboutv2/con-bill-blended-rates.html#Blended_CB, AWS Reserved Instance rates that have floated across AWS accounts as described here: https://docs.aws.amazon.com/AWSEC2/latest/UserGuide/concepts-reserved-instances-application.html#concepts-reserved-instances-billing, or other special pricing benefits offered by Mission. To maintain and promote fairness to all Mission customers and to ensure accurate billing, if applicable, Mission will prioritize the third-party software cost data for Chargeback. While this third-party software facilitates Chargeback and increases the accuracy of all fees and charges invoiced to Customer, Mission does not represent, warrant, or guarantee that all data will be identified or error free. Mission will notify Customer if Mission discovers an error exists, or promptly assist Customer in investigating a cost if Customer believes there is a billing error. If a billing error(s) is found and validated, as mutually agreed to by Mission and Customer, Mission will send a new invoice to Customer or provide a credit against future payments equal to the amount that is needed to remedy the incorrect charge.

3.4. Dedicated Payer Account.

3.4.1. Mission may configure in Mission’s sole discretion or as requested by Customer a Dedicated Payer Account (the “DPA”) for Customer based on Customer’s business goals, AWS Account structure, or other factors. A DPA is any Mission Payer Account exclusively used by Mission for a single customer. While the DPA is offered by Mission at no additional cost, Customer is responsible for all applicable fees associated with use of the AWS Authorized Services in connection with the DPA, including, but not limited to, AWS Detailed Billing Report (“DBR”), Cost and Usage Report (“CUR”), AWS Reserved Instances, AWS IAM, AWS CloudTrail, and other security or compliance-related services.

3.4.2. Customer may request access to the DPA for billing-related activities such as viewing contents in the DBR or CUR. In addition, the DPA may enable Customer to activate certain features in Customer-licensed third-party software. Customer may configure or direct Mission to configure certain IAM access to third-party software in the DPA, as long as it does not violate the policies of this Section 3.4. That third-party software may be subject to separate license terms and Customer is solely responsible for complying with those terms. Customer is also responsible for all fees incurred for AWS Authorized Services used in connection with third-party software in the DPA. Mission reserves the right to remove IAM access to third-party software at any time for any reason.

3.4.3. Mission is required by AWS to disable IAM access to the AWS BCM console in the Mission Payer Account. However, Mission is available to provide DPA billing information to Customer on an on-demand basis.

3.4.4. In accordance with AWS best practices, the DPA is designated to billing activities only, which includes combining usage across multiple AWS Accounts to achieve volume pricing and AWS Reserved Instance discounts, tracking charges across multiple AWS Accounts, and invoicing. Customer acknowledges the DPA is used solely for billing activities, and agrees not to use the DPA for anything other than billing-related activities. Mission may limit or remove Customer’s IAM access to the DPA if Mission determines in Mission’s sole discretion that Customer is (i) using the DPA to provision compute resources or other infrastructure not related to billing, (ii) running production or non-production workloads, or (iii) performing other activities that Mission reasonably believes extends beyond what the DPA is intended for.

3.4.5. Customer will not modify or delete any AWS resources created by Mission in the DPA. Additionally, Customer may not create an IAM user or IAM role for another Customer employee or contractor to access the DPA without written consent from Mission. Customer will not create an IAM user or IAM role for a non-Customer user to access the DPA. Mission may limit or remove Customer IAM access to the DPA if Mission determines in Mission’s sole discretion Customer is in violation of this Section.

3.4.6. Mission will monitor DPA activity for security and compliance reasons.

3.5. AWS Organizations.

3.5.1. This section describes the terms and conditions related to AWS Organizations (“Organizations”) as defined here: https://docs.aws.amazon.com/organizations/latest/userguide/orgs_introduction.html in the DPA.

3.5.2. For a DPA, Customer may request access to Organizations to create and centrally manage AWS Account(s). Customer may use Organizations to (i) invite a standalone AWS Account to join the DPA’s Organization, (ii) create a new AWS Account for Customer use only, (iii) access an AWS Account, (iv) create an Organizational Unit (“OU”), (v) manage a customer-created OU, (vi) move an AWS Account to an OU, (vii) create a new Service Control Policies (”SCP”), and (viii) manage an SCP. Customer may request additional management rights not listed in these Service Terms for Organizations from Mission, which if approved, will be expressly authorized by Mission in writing. Mission may update this list in writing to Customer at any time for any reason.

3.5.3. Except as authorized by Mission, only AWS Accounts used by Customer may be joined in the DPA’s Organization.

3.5.4. The DPA and AWS Accounts are jointly and severally liable for all fees accrued by the AWS accounts joined in an Organization. Customer is responsible for any fees, including unpaid balances, for any AWS Account that is created or invited to join the DPA’s Organization. Mission will not create or invite an AWS Account without Customer’s acceptance, or unless necessary to deliver a specific service.

3.5.5. Mission may suspend or terminate Customer access to Organizations if Mission determines that Customer’s use is in violation
of this Section 3.5.

3.5.6. Mission will monitor Organization activity for security and compliance reasons.

3.6. AWS Cost and Usage Reporting.

3.6.1. Customer acknowledges and agrees that access to the AWS Billing and Cost Management console, including AWS Cost Explorer, may be disabled during the term.  

3.6.2. Customer acknowledges that when an AWS Account joins or leaves an Organization, the AWS Account will no longer have access to the AWS Cost Explorer data that was generated prior to such move.

3.6.3. If AWS Cost Explorer is disabled, Mission agrees to provide Customer access to a CMP or equivalent cost and usage reporting tool that is similar to AWS Cost Explorer or can act as a replacement.

4. Reserved Instance Optimization.

4.1. Mission’s Reserved Instance Optimization (“RIO”) program provides customers on-demand reserved instances (“RI”) and RI management services to produce better RI coverage and savings. This section describes the terms and conditions related to RIO.

4.2. RIO requires use of a(n) i) DPA, ii) CMP, iii) IAM role with full RI management permissions provided by Mission, and iv) CUR and DBR and other supported services as described at: https://docs.aws.amazon.com/awsaccountbilling/latest/aboutv2/billing-reports.html. Customer is responsible for all applicable AWS Authorized Services fees used in connection with RIO.

4.3. For Customers enrolled in RIO, Mission will purchase Mission RIs in a DPA or separate AWS Account managed by Mission (“RI Account”). Customer may not have Customer RIs in the DPA or RI Account.

4.4. Mission is solely responsible for managing all RI usage as part of RIO. During the RIO agreement term, Customer agrees not to sell, purchase, modify, exchange or manage any RIs in the AWS Account. At any time, Customer may request that Mission purchase or sell Customer RIs on Customer’s behalf.

4.5. Customer acknowledges usage charges from AWS compute services, including Amazon Elastic Cloud Compute (“EC2”), Amazon Relational Database Service (“RDS”), and Amazon ElastiCache, and other related services may appear less in the AWS BCM console, including AWS Cost Explorer, than in the CMP and Mission invoiced amount during the RIO Agreement term.

Contact Us

If you have any questions about our Service Terms, please contact us using the following details:

Email
info@missioncloud.com

Phone
1-855-MISSION

Address
Mission, Inc.
222 Pacific Coast Hwy,
11th Floor
El Segundo, CA 90245
Attn: Legal