These Professional Services Terms (the “Terms”) are incorporated into and made a part of the Merchant Services Agreement between Merchant and Forter (the “MSA”). All terms not defined herein shall have the meaning provided in the MSA. Where the signatory of the MSA is referred to as “Partner,” all references herein to Merchant shall mean Partner and references to Merchant Site shall mean Partner Site.
Merchant acknowledges and agrees that Forter may make changes to these Terms from time to time, including by adding new Professional Services offerings. Merchant may purchase new Professional Services upon mutual written agreement of the parties.
Forter’s “Professional Services” means, as applicable, Enterprise Quick Start, Strategic Quick Start, Migration, and/or Integration Optimization.
Descriptions:
- Enterprise Quick Start: Activation of the applicable Services as set forth in the associated MSA, Order Form or Addendum (collectively, the “Agreement”). This includes the following support:
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- Assigned primary contact at Forter
- Web conferencing support to (i) conduct project status meetings to progress implementation of Merchant for Forter’s tools for configuration, testing, reporting and troubleshooting and (ii) answer specific implementation questions
- E-mail and/or web conferencing support to assist Merchant with the implementation process
- Strategic Quick Start: Includes Enterprise Quick Start plus the following additional support:
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- Live instant messaging channel support to (i) progress implementation of Merchant for the configuration, testing, reporting and troubleshooting of the applicable Forter Services and (ii) answer specific implementation questions
- Travel to Merchant’s premises, with the scope, timing and additional costs (if any), including any travel costs, to be mutually agreed upon in writing at least 30 days in advance
NOTE: Based on the size and complexity of a particular implementation, Forter may, in its sole discretion, require Merchant to use Strategic Quick Start
- Migration: Forter will provide Merchant guidance for changes to applicable Services as set forth in the applicable Agreement. This includes the following support:
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- Web conferencing support to (i) conduct project status meetings to progress migration of Merchant for Forter’s tools for configuration, testing, reporting and troubleshooting, and (ii) answer specific migration questions
- E-mail and/or web conferencing support to assist Merchant with the migration process
- Integration Optimization: Forter will provide Merchant with technical review of the existing Forter integration. Forter may make recommendations for improvements to Merchant’s integration, which shall be managed by Forter, and Forter shall incorporate such recommendations into a report (the “Report”) provided to Merchant. Each Report covers one (1) Merchant Site and the Forter APIs associated with it. Integration Optimization includes the following support:
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- A minimum of two (2) Reports, which will include analysis of API data and schema usage, JS/SDK versions, sufficient cookies and/or tokens across web and/or mobile implementations, as well as other relevant checks to ensure optimal usage of Forter Services, including recommendations and a plan for implementing these recommendations
- E-mail and/or web conferencing support to answer specific Integration Optimization questions
Intellectual Property
- Except as described in the applicable Agreement, nothing herein is intended to grant Merchant any rights, by license or otherwise, to Forter’s intellectual property, including the Forter Technology.
Communications
- Merchant will provide appropriate resources to answer any functional and technical questions that Forter may have regarding implementation in a timely manner, but no later than two (2) business days after receipt of the request.
- Forter will use commercially reasonable efforts to respond to all requests from Merchant within two (2) business days.
- Forter shall notify Merchant when the Professional Services are completed. At such time, the supporting communication channel will be turned off and not supported.
- With respect to Enterprise and Strategic Quick Start and Migration, the Professional Services are completed when integration is completed, Hyper Care has concluded and the Services are being used in production. As provided in the Agreement, the date of completion of integration is referred to as the Go-Live Date. “Hypercare” means the period of time after the Go-Live Date when Merchant ensures operational guides are updated appropriately and Forter transitions operations from the primary assigned contact to the appropriate customer success team member. Hyper Care shall continue for a period no more than forty-five (45) days after Go-Live Date, unless otherwise mutually agreed to by the parties.
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- With respect to Integration Optimization, Professional Services are completed when the final Report has been delivered.
Provision of the Professional Service
- Professional Services shall be conducted at mutually agreed upon dates and times during normal Business Hours. “Business Hours” means: (i) for Merchants based in the Americas, Monday through Thursday, 09:00 to 17:00, U.S. EST and Friday, 09:00 to 13:00, U.S. EST; (ii) for Merchants based in EMEA, Monday through Thursday, 09:00 to 17:00 BST and Friday, 09:00 to 13:00 BST; (iii) for Merchants based in APAC, 09:00 to 17:00 Monday through Thursday, 09:00 to 17:00 SGT and Friday, 09:00 to 13:00 SGT.
- Forter will communicate to Merchant any work that must be completed in its system and infrastructure for integration, and Merchant will be responsible for coordinating and managing such work.
- With respect to Enterprise and Strategic Quick Start, Merchant will be responsible for conducting sandbox and production testing of the Forter Services for all channels, payment methods or decision points specified in the associated Agreement prior to the Go-Live Date.
Last Updated: September 16, 2024