Service Level Agreement ("SLA")
Last updated and effective as of 08/17/2023.
A. SLA standards.
The Software in the Paytronix production facilities will have availability of at least ninety-nine and nine tenths percent (99.9%), as monitored and measured by an industry standard and recognized 3rd party measurement service chosen by Paytronix. The measurement of uptime availability shall not include scheduled service interruptions as set forth below (section c).
The percentage uptime will be measured on a monthly basis and will be based on the Paytronix hosting facility that is processing transactions. The uptime measure will not include any downtime due solely to the Client’s WAN or store Internet connectivity. The uptime measurement for this SLA will be the average uptime measured from the PXS Web and the PXS POS monitoring points.
Paytronix acknowledges that the failure of the Paytronix systems to maintain the above uptime requirements, shall have a significant negative impact on Client’s business. In the event that any SLA standard is not met, (i) Paytronix will provide a detailed report as to why the SLA standard was not met and a plan as to how it will remedy its systems/processes to prevent such occurrences in the future, and (ii) Client, Affiliates and Franchisees, as applicable, shall be entitled to a credit of 10% (ten percent) of the Monthly fee for each of its participating stores for each full 0.1% below 99.9% availability of each such service (up to a maximum of 30% of the Monthly Fee for all such credits for such month), and (iii) if one or more such SLA failures occurs during any two (2) consecutive months, and Paytronix fails to cure such service degradation within thirty (30) days following receipt of notice thereof, Client shall be entitled to terminate this Agreement without penalty on thirty (30) days prior written notice.
C. Scheduled Service Interruptions.
Scheduled Service Interruptions for software and/or hardware upgrades, database optimization, and card uploads, may occur any morning between the hours of 3 AM and 6 AM, Eastern Time (Service Window). The parties understand that during such Scheduled Service Interruption processing time for database optimization, card uploads and Website access may occur slower than usual or be unavailable. Paytronix will coordinate any other planned downtime outside of the Service Window with Client to minimize impact on the availability of the Software; however, the same will count against SLA uptime requirements unless otherwise agreed by Client.
D. Priority Levels for Problem Resolution.
When a problem is reported or a question is asked of Paytronix (whether via telephone or email), the Paytronix technical support team will create a “case” with an associated priority. If via telephone, a priority may be specified, whereas a case created via email will have a default priority of 3 - Medium. The priority codes and definitions are provided below. Please note that many problems are due to reasons beyond the control of Paytronix; such as network problems (internal or Internet related). This SLA deals only with issues under the direct control of Paytronix. Based on the priority of a case, a technical support analyst will respond and will work to classify the support need and the problem severity according to the following criteria:
Cast Priority Problem Severity
The system or major feature is down or seriously impacted, or the Client’s data is lost or destroyed, and there is no reasonable workaround currently available.
Paytronix Support responds within 1 hour. During business hours (see below) the Client is immediately connected to a Technical Support Analyst. Outside business hours, phone callers leave a message and the Paytronix Support Team will respond within 1 hour. Email is responded to on the next business day.
Upon confirmation of receipt, Paytronix begins continuous work on the problem, and a Client resource must be available at any time to assist with problem determination. Paytronix will provide best effort for a workaround or fix within 3 business days, once the problem is reproducible or once we have identified the product defect. A patch release of software may be deployed, incorporating such a fix, if agreed to by Paytronix.
2 - High
The system or application is moderately affected. There is no workaround currently available or the workaround is cumbersome to use.
Paytronix Support responds within 1 business hour, if contacted by phone, or 1 business day if contacted by email or Web. Outside of business hours, phone callers leave a message and the Paytronix Support Team will respond within 1 hour. Email is responded to on the next business day.
Paytronix will provide best effort for workaround within 10 business days, once the problem is reproducible. Paytronix will provide best effort for a fix in the next point release of the product software, once the problem is reproducible, and if agreed to by Paytronix.
The system or application issue is not critical: no data has been lost, and the system has not failed. The issue has been identified and does not hinder normal operations, or the situation may be temporarily circumvented using an available workaround. Maybe a feature failure and a convenient workaround exists.
Same as above.
Paytronix will provide best effort for workaround within 15 business days, once the problem is reproducible. Paytronix will provide best effort for a fix in the next major release of the product software, once the problem is reproducible, and if agreed to by Paytronix.
Non-critical issues, general questions, enhancement requests, or the functionality does not match documented specifications.
Paytronix Support responds within 1 business hour, if contacted by phone, or 2 business days if contacted by email or Web. It is not expected that feature enhancements will be communicated outside of business hours, by phone.
Resolution of problem or feature may appear in future release of software, if agreed to by Paytronix.
E. Store Software Upgrades.
Paytronix has regular software releases for the Software that is installed at the store level environment (any enhancements to the Software and all such releases shall be included in the rights granted herein at no additional cost to Client, provided that Client is properly licensed for such Software or software module, or unless Paytronix and Client agree to additional costs in a separate statement of work). Client agrees that it will install an updated version of this Software at least once every 18 months to all its stores which version of the Software is from a release that is not more than 90 days out of date at the time of installation.
F. Data Backup.
Paytronix shall be responsible for performing full daily backups of Client’s Account Information stored on Paytronix’s servers. Paytronix shall store the data back-up files at a secure location outside Paytronix’s primary data center.
G. Technical Support Information
Business Hours: Monday – Friday, 7:00 AM – 8:00 PM Eastern Time, except holidays.
After Hours Operation: Nightly 8:00 PM – 7:00 AM Eastern Time, weekends and holidays.
Telephone: 617-649-3300 x1