9. SERVICE PERFORMANCE

This section covers the expected response time of queries and actions executed by the user, system admin, or both. The Touchnet Payment System Infrastructure is considered degraded if one of the measured Data Percision Indicators (DPI) between a customer and another customer connected to the same service is experienced at a rate larger than the aimed service level. The monitored and measured DPI with their target values are:

DPI / Target Value / Description
Packet Loss / <0.05% / Average per hour in a business day
One Way Delay / <500 micro-seconds / Average per hour in a business day
One Way Delay Variation / <100 micro-seconds / Average per hour in a business day
Two Way Delay / <200 micro-seconds / Average per hour in a business day
Two Way Delay Variation / <50 micro-seconds / Average per hour in a business day

The DPIs are continuously monitored and measured by probes in theTouchnet Payment System monitoring platform. Connected to each of the access routers is a "probe" which measures the performance of the connection over the Touchnet Payment System Infrastructure towards the other probes. These measurements are indicators of the performance and are expected to be similar, but not necessarily the same, as experienced by Customer. If the measurements of the customer on its connection deviates from the published performance indicators and exceeds the numbers in the agreed SLA, an SLA-case can be opened. Please refer to the customer support section of the SLA for the System Administrator contact information.

10. BATCH TURNAROUND TIMES

The Touchnet Payment Software application is currently compatible with Windows Server 2008, Mac OS X, Windows 7, Vista, and XP. Any earlier versions of the aforementioned operating systems may need the support of specific batch files to successfully utilize this application. The turnaround time for the use of the batch files to assist wth the interaction of the user with the Touchnet Payment system depends on which Operating System will be used. Please refer to the Customer Service section of the SLA to consult with a Touchnet Payment System represenative.

11. FUNCTIONALITY

The functionality of the Touchnet Payment System identifies the gaurantee of network availability and latency. This section of the SLA also identifies the maximum amount packet loss errors that may occur.

Network Availability Guarantee - 100%

The Touchnet Payment Network, as defined in this section, is guaranteed to be available and capable of forwarding IP packets100% of the time, as averaged over a calendar month. The Touchnet Payment network includes the customer's access port (theport on the router upon which the customer's circuit terminates) and the Touchnet Payment backbone network.The Touchnet Payment System backbone network includes company owned and controlled routers and circuits (including any transitconnections).If the Network Availability guarantee is not met in a calendar month, the customer will receive a credit of 1/30th of themonthly charge for that month for each full hour of outage in excess of the 100% guaranteed underthis SLA. Limits on the credit and the reporting procedures are detailed below.

Latency Guarantee (40 Milliseconds)

The Touchnet Payment System network (as defined in the previous section) is guaranteed to have an average round trippacket transit time within the Touchnet Payment System IP backbone network over a calendar month of 40ms or less. The average latency ismeasured as the average of 15-minute samples across the Touchnet Payment System backbone network taken throughout the calendarmonth.

If the Latency guarantee is not met in a calendar month, the customer will receive a credit of 1/30th of the monthly charge for that month for each full 1ms above the 40ms average maximum guaranteed under thisSLA. Limits on the credit and the reporting procedures are detailed below.

Packet Loss

The Touchnet Payment System IP backbone network (as defined above) is guaranteed to have a maximum average packet loss of lessthan 1% over a calendar month. The packet loss is measured as the average of 15-minute samples across the Touchnet Payment IPbackbone network taken throughout the calendar month. If the Packet Loss guarantee is not met in a calendar month, the customer will receive a credit of 1/30th of themonthly charge that month for each full 1% above the 1% average maximum guaranteed underthis SLA. Limits on the credit and the reporting procedures are detailed below.

Credit Limits and Reporting Procedures

Total credits under this SLA are limited to the monthly charge for the affected service for themonth in which the service does not meet the guarantees. The above guarantees do not include scheduled maintenance events, customer caused outages or disruptions, interconnections to or from and connectivitywithinother Internet Service Provider (ISP) networks, and forced major events as defined within the SLA.

12. CHANGE MANAGEMENT

The change in management refers to the rights of ownership and licensing between the Touchnet Payment Software provider and this institution. The Software, any related documentation and all intellectual property rights therein are owned byLicensor, its affiliates and/or its suppliers. The Software is licensed, not sold. Copyright laws and internationalcopyright treaties, as well as other intellectual property laws and treaties, protect the Software. Licensee will notremove, alter or destroy any copyright, proprietary or confidential notices placed on the Software or any relateddocumentation. Licensee agrees that aspects of the Software, including the specific design and structure ofindividual programs, constitute trade secrets and/or copyrighted or patented material of Licensor, its affiliates and/orits suppliers. Licensee agrees not to disclose, provide, or otherwise make available such trade secrets or material inany form to any third party without the prior written consent of Licensor. Licensee agrees to implement reasonablesecurity measures to protect such trade secrets and material.

13. SERVICE CONTINUITY

The Service Continuity reflects the risks, vulnerabilities, and issues that may occur with the implementation and use of the Touchnet Payment System. The requests have been prioritized based on importance. The institution’s Information Technology department should refer to the customer service section for contact information to troubleshoot with a Touchnet Payment System technician.

CODE 1 – High Priority: All responses will be addressed within 24 business hours.

  • The Touchnet Payment system is not operational for multiple users.
  • A major function of service is not operational for multiple users.
  • A function is critical to the institution’s strategic priority.

CODE 2 – Medium Priority: All responses will be addressed within 2-3 business days.

  • Services or applications are not operational for a single user.
  • A major function of service is not operational for a single user.
  • A user needs to access a locked record.

CODE 3 – Low Priority: All responses will be addressed within 3-5 business days.

  • A minor function is not operational for one or more users (who can continue to use other application functions).
  • A user has questions about functionality.
  • A user needs administrative assistance.

TheTouchnet Payment corporation shall not have any affiliation with the accuracy, dependability, privacy, security, authenticity, or completeness of data transmitted over the internet, or any intrusion, virus, disruption, loss of communication, loss or corruption of data, or other error or event caused or permitted through the internet by your servers. Your institution is responsible for implementing appropriate firewall, password, and other security measures to protect your systems.