Enhanced Service Level Agreement

Terms not defined herein shall have the meaning provided in the SLA.

1. Enhanced Error Response Time. 

The Error Response Time provided in the SLA shall not apply and instead the Enhanced 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 (“Enhanced 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. Service Credits

2.1 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.

2.2 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.