This Premium Support Service Level Agreement Addendum (the “Premium SLA”) sets forth the enhanced support Merchant shall receive as part of the Premium Support Services, in addition to what is provided in the standard Service Level Agreement, available at https://www.forter.com/forter-service-level-agreement/. Other than as explicitly set forth herein, all terms and conditions of the SLA shall remain unchanged and shall be binding upon the parties. In the event of a conflict between the SLA and this Premium SLA, this Premium SLA shall prevail.
Terms not defined herein shall have the meaning provided in the SLA.
1. Premium Error Response Time.
The Error Response Time provided in the SLA shall not apply and instead the Premium Error Response Time provided below shall apply. For the avoidance of doubt, all other provisions in Section 2 of the SLA shall remain unchanged.
Once Merchant notifies Forter of an Error, Forter shall classify the Error as a Critical, High, Medium, or Low Priority Error, upon which the following initial response times shall apply (“Premium Error Response Time”):
- Critical Priority Error: thirty (30) minutes, 24/7
- High Priority Error: one (1) hours, 24/7
- Medium Priority Error: Within four (4) hours on a Business Day
- Low Priority Error: Within two (2) Business Days
2. Premium Support.
- Premium Support Engineer (PSE). The Merchant will be assigned a premium support engineer (“PSE”). The PSE is a support engineer who will serve as the single point of contact for Merchant’s support queries. The Merchant can select its PSE based on the Merchant’s preferred time zone. The PSE will work with the Merchant to understand the Merchant’s technical environment and to facilitate the Merchant’s technical needs regarding the Service.
- Priority Ticket Routing. Support tickets created by the Merchant through the Forter Support Portal will be routed to the PSE through priority routing. Support tickets submitted outside of the PSE’s working hours will be responded to by one of Forter’s support engineers dedicated to providing Premium Support.
- Bi-Annual Support Operations Review. Forter will conduct a bi-annual support operations review with the Merchant (such review to be conducted via virtual meeting or conference call)(“Bi-Annual Review”). In the Bi-Annual Review, Forter and Merchant will review: achieved milestones, key learnings and retrospectives, and Forter will provide a high-level review of Forter’s upcoming releases and technology roadmap.
- Regularly Scheduled Support Cadence and Status Report. Forter will provide the Merchant with a “support snapshot” that provides the Merchant with reporting of its support tickets submitted, the status of those tickets and applicable next steps. The support cadence will allow Merchant and Forter to review and prioritize support tickets.
3. Service Credits
3.1 Response Time:
If Forter does not meet the Error Response Time for Critical Priority Errors three (3) times in a quarter, Forter will provide Merchant with a 10% credit of total quarterly fees.
3.2 Availability:
Where Forter is not providing the Chargeback Guarantee, in the case of any Decisioning API uptime of less than 99.99% in a quarter, Forter will provide Merchant with a service credit in accordance with the table below, which service credit will be calculated as a percentage of Fees billed to Merchant in such quarter that are attributable to the Service for which the relevant Decisioning API was unavailable. The service credits set forth below will be offset against Fees owed by Merchant in the relevant quarter in which downtime occurred, and shall be Merchant’s sole remedy for any failure of Forter to maintain the uptime requirements for the Decisioning APIs as set forth in the SLA.]