Common use of Service Level Standards Clause in Contracts

Service Level Standards. 13.1. Merchant agrees that GATEWAY will be available 24/7/365 and be operational ninety-nine point seven percent (99.7%) of the time on an average Monthly basis, excluding scheduled downtimes for maintenance. Scheduled downtimes will commence when SHIFT4 has the lowest transaction-processing volume, and will be announced on the GATEWAY home page or alerted generally within three (3) business days before the scheduled downtime posted via social media. Downtimes will not be scheduled from 4:00 am PT to 12:00am PT on Friday, Saturday, or Sunday. SHIFT4 will make commercially reasonable efforts not to exceed thirty (30) minutes of scheduled downtime per Month, on average. 13.2. ▇▇▇▇▇▇▇▇ agrees that GATEWAY downtimes experienced in excess of one-half of one percent (0.5%) could be experienced due to one or all of the following Third-Party Outages, measured on an average Monthly basis: ▇▇▇▇▇▇▇▇’s ISP(s); ▇▇▇▇▇▇▇▇’s Credit Card Processor(s); ▇▇▇▇▇▇▇▇’s MSP(s); the telecommunications provider selected by the Merchant’s Credit Card Processor(s); or any other relevant entity of which SHIFT4 has no control (“Third-Party Outage”). ▇▇▇▇▇▇▇▇ further agrees that downtimes attributable to any of the above are beyond SHIFT4’s control and will not be included in calculating SHIFT4’s Monthly uptime availability. Notwithstanding the foregoing, SHIFT4 agrees that GATEWAY downtimes that are not attributable to the causes expressly identified in this Section 13.2 shall be included in calculating SHIFT4’s Monthly Uptime Availability. 13.3. ▇▇▇▇▇▇▇▇ agrees that the average time for a credit card authorization across all Credit Card Processors will be three (3) seconds or less from the time the transaction is received at SHIFT4’s datacenter(s) until the transaction is transmitted back from SHIFT4 to Merchant (the “Average Authorization Time”). Merchant acknowledges that the Merchant’s POS/PMS system components, network, hardware implemented, or any security-related hardware or software may add time at the POS/PMS and is beyond SHIFT4’s control. This includes any security software even if supplied by SHIFT4 (i.e., 4Go, i4GO, SHIFT4’s Point to Point Encryption (P2PE) solution) as that software must reside and run on hardware and over networks over which SHIFT4 has no control. 13.4. Merchant acknowledges that the Average Authorization Time can be affected by: Merchant’s Credit Card Processor(s); Merchant’s MSP(s); problems with the cardholder’s bank; problems at the Credit Card Processing company(s) selected by or Merchant’s MSP(s); problems with the telecommunications company selected by the Credit Card Processing Company; traffic on the Internet; problems at the Card Associations or any other relevant entity over which SHIFT4 has no control contractual or otherwise. ▇▇▇▇▇▇▇▇ agrees that high transaction times attributable to any of the above are beyond SHIFT4’s control and will not be included in calculating SHIFT4’s average authorization time. 13.5. Merchant acknowledges that in order to maintain SHIFT4’s ninety-nine point seven percent (99.7%) average Monthly service level, GATEWAY is redundant as defined in Section 23.21 of this Gateway Services Agreement. However, due to today’s highly technical telecommunications systems, SHIFT4 cannot predict how long a single Third-Party Outage might last. Notwithstanding the above, SHIFT4 will make commercially reasonable efforts to work with Third Parties to attempt to expedite resolution. 13.6. Merchant agrees that GATEWAY will be considered operational and available at any given time if GATEWAY is being provided by SHIFT4 to, at least, seventy-five (75%) of Merchant’s location(s) during the specific measurement period. 13.7. Merchant agrees that the Licensed Software is subject to the availability and quality of the Merchant’s environment, and SHIFT4 is not responsible for the Licensed Software’s security, availability, or operational stability based on an environment not consistent with Sections 10 (INSTALLATIONSInstallations) and 11 (24/7 Operational Support for GATEWAY) or with the requirements outlined by the PCI DSS. Further, and based on the aforementioned, ▇▇▇▇▇▇▇▇ agrees that the Licensed Software cannot be adequately tabulated or counted for the purposes of this Section except for where and how otherwise specifically stated in Section 23 (Miscellaneous). 13.8. Merchant agrees that based on SHIFT4’s robust product offerings including, but not limited to, multiple POS/PMS providers, carriers, processors, acquirers, devices, or feature sets, that Merchant will work with SHIFT4 using commercially reasonable efforts to resolve any outage of any kind using those offerings prior to seeking other protections that may or may not be afforded under this Gateway Services Agreement. 13.9. In the event of a service level failure under this Section 13 or under Sections 11.6 or 11.7, SHIFT4 shall promptly perform an analysis to determine the root cause of the service-level failure and adopt and implement an appropriate plan to correct the relevant flaws so as to mitigate the likelihood of a recurrence. To view system status alerts, Merchant must refer to the notifications given in Section 11.4.

Service Level Standards. 13.1. Merchant agrees that GATEWAY will be available 24/7/365 and be operational ninety-nine point seven percent (99.7%) of the time on an average Monthly basis, excluding scheduled downtimes for maintenance. Scheduled downtimes will commence when SHIFT4 has the lowest transaction-processing volume, and will be announced on the GATEWAY home page or alerted generally within three (3) business days before the scheduled downtime posted via social media. Downtimes will not be scheduled from 4:00 am PT to 12:00am PT on Friday, Saturday, or Sunday. SHIFT4 will make commercially reasonable efforts not to exceed thirty (30) minutes of scheduled downtime per Month, on average. 13.2. ▇▇▇▇▇▇▇▇ agrees that GATEWAY downtimes experienced in excess of one-half of one percent (0.5%) could be experienced due to one or all of the following Third-Party Outages, measured on an average Monthly basis: ▇▇▇▇▇▇▇▇Merchant’s ISP(s); ▇▇▇▇▇▇▇▇Merchant’s Credit Card Processor(s); ▇▇▇▇▇▇▇▇Merchant’s MSP(s); the telecommunications provider selected by the Merchant’s Credit Card Processor(s); or any other relevant entity of which SHIFT4 has no control (“Third-Party Outage”). ▇▇▇▇▇▇▇▇ further agrees that downtimes attributable to any of the above are beyond SHIFT4’s control and will not be included in calculating SHIFT4’s Monthly uptime availability. Notwithstanding the foregoing, SHIFT4 agrees that GATEWAY downtimes that are not attributable to the causes expressly identified in this Section 13.2 shall be included in calculating SHIFT4’s Monthly Uptime Availability. 13.3. ▇▇▇▇▇▇▇▇ agrees that the average time for a credit card authorization across all Credit Card Processors will be three (3) seconds or less from the time the transaction is received at SHIFT4’s datacenter(s) until the transaction is transmitted back from SHIFT4 to Merchant (the “Average Authorization Time”). Merchant acknowledges that the Merchant’s POS/PMS system components, network, hardware implemented, or any security-related hardware or software may add time at the POS/PMS and is beyond SHIFT4’s control. This includes any security software even if supplied by SHIFT4 (i.e., 4Go, i4GO, SHIFT4’s Point to Point Encryption (P2PE) solution) as that software must reside and run on hardware and over networks over which SHIFT4 has no control. 13.4. Merchant acknowledges that the Average Authorization Time can be affected by: Merchant’s Credit Card Processor(s); Merchant’s MSP(s); problems with the cardholder’s bank; problems at the Credit Card Processing company(s) selected by or Merchant’s MSP(s); problems with the telecommunications company selected by the Credit Card Processing Company; traffic on the Internet; problems at the Card Associations or any other relevant entity over which SHIFT4 has no control contractual or otherwise. ▇▇▇▇▇▇▇▇ agrees that high transaction times attributable to any of the above are beyond SHIFT4’s control and will not be included in calculating SHIFT4’s average authorization time. 13.5. Merchant acknowledges that in order to maintain SHIFT4’s ninety-nine point seven percent (99.7%) average Monthly service level, GATEWAY is redundant as defined in Section 23.21 of this Gateway Services Agreement. However, due to today’s highly technical telecommunications systems, SHIFT4 cannot predict how long a single Third-Party Outage might last. Notwithstanding the above, SHIFT4 will make commercially reasonable efforts to work with Third Parties to attempt to expedite resolution. 13.6. Merchant agrees that GATEWAY will be considered operational and available at any given time if GATEWAY is being provided by SHIFT4 to, at least, seventy-five (75%) of Merchant’s location(s) during the specific measurement period. 13.7. Merchant agrees that the Licensed Software is subject to the availability and quality of the Merchant’s environment, and SHIFT4 is not responsible for the Licensed Software’s security, availability, or operational stability based on an environment not consistent with Sections 10 (INSTALLATIONSInstallations) and 11 (24/7 Operational Support for GATEWAY) or with the requirements outlined by the PCI DSS. Further, and based on the aforementioned, ▇▇▇▇▇▇▇▇ agrees that the Licensed Software cannot be adequately tabulated or counted for the purposes of this Section except for where and how otherwise specifically stated in Section 23 (Miscellaneous). 13.8. Merchant agrees that based on SHIFT4’s robust product offerings including, but not limited to, multiple POS/PMS providers, carriers, processors, acquirers, devices, or feature sets, that Merchant will work with SHIFT4 using commercially reasonable efforts to resolve any outage of any kind using those offerings prior to seeking other protections that may or may not be afforded under this Gateway Services Agreement. 13.9. In the event of a service level failure under this Section 13 or under Sections 11.6 or 11.7, SHIFT4 shall promptly perform an analysis to determine the root cause of the service-level failure and adopt and implement an appropriate plan to correct the relevant flaws so as to mitigate the likelihood of a recurrence. To view system status alerts, Merchant must refer to the notifications given in Section 11.4.

Service Level Standards. ‌ 13.1. Merchant agrees that GATEWAY will be available 24/7/365 and be operational ninety-nine point seven percent (99.7%) of the time on an average Monthly basis, excluding scheduled downtimes for maintenance. Scheduled downtimes will commence when SHIFT4 has the lowest transaction-processing volume, and will be announced on the GATEWAY home page or alerted generally within three (3) business days before the scheduled downtime posted via social media. Downtimes will not be scheduled from 4:00 am PT to 12:00am PT on Friday, Saturday, or Sunday. SHIFT4 will make commercially reasonable efforts not to exceed thirty (30) minutes of scheduled downtime per Month, on average. 13.2. ▇▇▇▇▇▇▇▇ agrees that GATEWAY downtimes experienced in excess of one-half of one percent (0.5%) could be experienced due to one or all of the following Third-Party Outages, measured on an average Monthly basis: ▇▇▇▇▇▇▇▇Merchant’s ISP(s); ▇▇▇▇▇▇▇▇Merchant’s Credit Card Processor(s); ▇▇▇▇▇▇▇▇Merchant’s MSP(s); the telecommunications provider selected by the Merchant’s Credit Card Processor(s); or any other relevant entity of which SHIFT4 has no control (“Third-Party Outage”). ▇▇▇▇▇▇▇▇ further agrees that downtimes attributable to any of the above are beyond SHIFT4’s control and will not be included in calculating SHIFT4’s Monthly uptime availability. Notwithstanding the foregoing, SHIFT4 agrees that GATEWAY downtimes that are not attributable to the causes expressly identified in this Section 13.2 shall be included in calculating SHIFT4’s Monthly Uptime Availability. 13.3. ▇▇▇▇▇▇▇▇ agrees that the average time for a credit card authorization across all Credit Card Processors will be three (3) seconds or less from the time the transaction is received at SHIFT4’s datacenter(s) until the transaction is transmitted back from SHIFT4 to Merchant (the “Average Authorization Time”). Merchant acknowledges that the Merchant’s POS/PMS system components, network, hardware implemented, or any security-related hardware or software may add time at the POS/PMS and is beyond SHIFT4’s control. This includes any security software even if supplied by SHIFT4 (i.e., 4Go, i4GO, SHIFT4’s Point to Point Encryption (P2PE) solution) as that software must reside and run on hardware and over networks over which SHIFT4 has no control. 13.4. Merchant acknowledges that the Average Authorization Time can be affected by: Merchant’s Credit Card Processor(s); Merchant’s MSP(s); problems with the cardholder’s bank; problems at the Credit Card Processing company(s) selected by or Merchant’s MSP(s); problems with the telecommunications company selected by the Credit Card Processing Company; traffic on the Internet; problems at the Card Associations or any other relevant entity over which SHIFT4 has no control contractual or otherwise. ▇▇▇▇▇▇▇▇ agrees that high transaction times attributable to any of the above are beyond SHIFT4’s control and will not be included in calculating SHIFT4’s average authorization time. 13.5. Merchant acknowledges that in order to maintain SHIFT4’s ninety-nine point seven percent (99.7%) average Monthly service level, GATEWAY is redundant as defined in Section 23.21 of this Gateway Services Agreement. However, due to today’s highly technical telecommunications systems, SHIFT4 cannot SHIFT4cannot predict how long a single ThirdsingleThird-Party Outage might Outagemight last. Notwithstanding the Notwithstandingthe above, SHIFT4 will make commercially reasonable efforts to work with Third Parties to attempt to expedite resolution. 13.6. Merchant agrees that GATEWAY will be considered operational and available at any given time if GATEWAY is being provided by SHIFT4 to, at least, seventy-five (75%) of Merchant’s location(s) during the specific measurement period. 13.7. Merchant agrees that the Licensed Software is subject to the availability and quality of the Merchant’s environment, and SHIFT4 is not responsible for the Licensed Software’s security, availability, or operational stability based on an environment not consistent with Sections 10 (INSTALLATIONSInstallations) and 11 (24/7 Operational Support for GATEWAY) or with the requirements withtherequirements outlined by the PCI DSS. Further, and based on the aforementioned, ▇▇▇▇▇▇▇▇ agrees that the Licensed Software cannot be adequately tabulated or counted for the purposes of this Section except for where and how otherwise specifically stated in Section 23 (Miscellaneous). 13.8. Merchant agrees that based on SHIFT4’s robust product offerings including, but not limited to, multiple POS/PMS providers, carriers, processors, acquirers, devices, or feature sets, that Merchant will work with SHIFT4 using commercially reasonable efforts to resolve any outage of any kind using those offerings prior to seeking other protections that may or may not be afforded under this Gateway Services Agreement. 13.9. In the event of a service level failure under this Section 13 or under Sections 11.6 or 11.7, SHIFT4 shall promptly perform an analysis to determine the root cause determinetherootcause of the servicetheservice-level failure and adopt and implement an appropriate plan to correct the relevant flaws so appropriateplan tocorrect therelevant flawsso as to mitigate the mitigatethe likelihood of a recurrence. To view system status viewsystemstatus alerts, Merchant must refer to the notifications given in Section 11.4.

Service Level Standards. 13.1. Merchant agrees that GATEWAY will be available 24/7/365 and be operational ninety-nine point seven percent (99.7%) of the time on an average Monthly basis, excluding scheduled downtimes for maintenance. Scheduled downtimes will commence when SHIFT4 has the lowest transaction-processing volume, and will be announced on the GATEWAY home page or alerted generally within three (3) business days before the scheduled downtime posted via social media. Downtimes will not be scheduled sched- uled from 4:00 am PT to 12:00am PT on Friday, Saturday, or Sunday. SHIFT4 will make commercially reasonable efforts not to exceed thirty (30) minutes of scheduled downtime per Month, on average. 13.2. ▇▇▇▇▇▇▇▇ Merchant agrees that GATEWAY downtimes experienced in excess of one-half of one percent (0.5%) could be experienced due to one or all of the following Third-Party Outages, measured on an average Monthly basis: ▇▇▇▇▇▇▇▇Merchant’s ISP(s); ▇▇▇▇▇▇▇▇Merchant’s Credit Card Processor(s); ▇▇▇▇▇▇▇▇Merchant’s MSP(s); the telecommunications provider selected by the Merchant’s Credit Card Processor(s); or any other relevant entity of which SHIFT4 has no control (“Third-Party Outage”). ▇▇▇▇▇▇▇▇ Merchant further agrees that downtimes attributable to any of the above are beyond SHIFT4’s control and will not be included in calculating SHIFT4’s Monthly uptime availability. Notwithstanding the foregoing, SHIFT4 agrees that GATEWAY downtimes that are not attributable to the causes expressly identified in this Section 13.2 shall be included in calculating SHIFT4’s Monthly Uptime Availability. 13.3. ▇▇▇▇▇▇▇▇ Merchant agrees that the average time for a credit card authorization across all Credit Card Processors will be three (3) seconds or less from the time the transaction is received at SHIFT4’s datacenter(s) until the transaction is transmitted back from SHIFT4 to Merchant (the “Average Authorization Time”). Merchant acknowledges that the Merchant’s POS/PMS system components, network, hardware implemented, or any security-related hardware or software may add time at the POS/PMS and is beyond SHIFT4’s control. This includes any security software even if supplied by SHIFT4 (i.e., 4Go, i4GO, SHIFT4’s Point to Point Encryption Encryp- tion (P2PE) solution) as that software must reside and run on hardware and over networks over which SHIFT4 has no control. 13.4. Merchant acknowledges that the Average Authorization Time can be affected by: Merchant’s Credit Card Processor(s); MerchantMer- chant’s MSP(s); problems with the cardholder’s bank; problems at the Credit Card Processing company(s) selected by or MerchantMer- chant’s MSP(s); problems with the telecommunications company selected by the Credit Card Processing Company; traffic on the Internet; problems at the Card Associations or any other relevant entity over which SHIFT4 has no control contractual or otherwise. ▇▇▇▇▇▇▇▇ Merchant agrees that high transaction times attributable to any of the above are beyond SHIFT4’s control and will not be included in calculating SHIFT4’s average authorization time. 13.5. Merchant acknowledges that in order to maintain SHIFT4’s ninety-nine point seven percent (99.7%) average Monthly service level, GATEWAY is redundant as defined in Section 23.21 of this Gateway Services Agreement. However, due to today’s highly technical telecommunications systems, SHIFT4 cannot predict how long a single Third-Party Outage might last. Notwithstanding the above, SHIFT4 will make commercially reasonable efforts to work with Third Parties to attempt to expedite resolution. 13.6. Merchant agrees that GATEWAY will be considered operational and available at any given time if GATEWAY is being provided by SHIFT4 to, at least, seventy-five (75%) of Merchant’s location(s) during the specific measurement period. 13.7. Merchant agrees that the Licensed Software is subject to the availability and quality of the Merchant’s environment, and SHIFT4 is not responsible for the Licensed Software’s security, availability, or operational stability based on an environment not consistent con- sistent with Sections 10 (INSTALLATIONSInstallations) and 11 (24/7 Operational Support for GATEWAY) or with the requirements outlined by the PCI DSS. Further, and based on the aforementioned, ▇▇▇▇▇▇▇▇ Merchant agrees that the Licensed Software cannot be adequately tabulated or counted for the purposes of this Section except for where and how otherwise specifically stated in Section 23 (Miscellaneous). 13.8. Merchant agrees that based on SHIFT4’s robust product offerings including, but not limited to, multiple POS/PMS providers, carrierscar- riers, processors, acquirers, devices, or feature sets, that Merchant will work with SHIFT4 using commercially reasonable efforts to resolve any outage of any kind using those offerings prior to seeking other protections that may or may not be afforded under this Gateway Services Agreement. 13.9. In the event of a service level failure under this Section 13 or under Sections 11.6 or 11.7, SHIFT4 shall promptly perform an analysis analy- sis to determine the root cause of the service-level failure and adopt and implement an appropriate plan to correct the relevant flaws so as to mitigate the likelihood of a recurrence. To view system status alerts, Merchant must refer to the notifications given in Section 11.4.

Service Level Standards. ‌ 13.1. Merchant ▇▇▇▇▇▇▇▇ agrees that GATEWAY DOTN will be available 24/7/365 and be operational ninety-nine point seven percent (99.7%) of the time on an average Monthly basis, excluding scheduled downtimes for maintenance. Scheduled downtimes will commence when SHIFT4 has the lowest transaction-processing volume, and will be announced on the GATEWAY DOTN home page or alerted generally within three (3) business days before the scheduled downtime posted via social media. Downtimes will not be scheduled from 4:00 am PT to 12:00am PT on Friday, Saturday, or Sunday. SHIFT4 will make commercially reasonable efforts not to exceed thirty (30) minutes of scheduled downtime per Month, on average. 13.2. ▇▇▇▇▇▇▇▇ agrees that GATEWAY DOTN downtimes experienced in excess of one-half of one percent (0.5%) could be experienced due to one or all of the following Third-Party Outages, measured on an average Monthly basis: ▇▇▇▇▇▇▇▇’s ISP(s); ▇▇▇▇▇▇▇▇Merchant’s Credit Card Processor(s); ▇▇▇▇▇▇▇▇Merchant’s MSP(s); the telecommunications provider selected by the Merchant’s Credit Card Processor(s); or any other relevant entity of which SHIFT4 has no control (“Third-Party Outage”). ▇▇▇▇▇▇▇▇ further agrees that downtimes attributable to any of the above are are‌ beyond SHIFT4’s control and will not be included in calculating SHIFT4’s Monthly uptime availability. Notwithstanding the foregoing, SHIFT4 agrees that GATEWAY DOTN downtimes that are not attributable to the causes expressly identified in this Section 13.2 shall be included in calculating SHIFT4’s Monthly Uptime Availability. 13.3. ▇▇▇▇▇▇▇▇ agrees that the average time for a credit card authorization across all Credit Card Processors will be three (3) seconds or less from the time the transaction is received at SHIFT4’s datacenter(s) until the transaction is transmitted back from SHIFT4 to Merchant (the “Average Authorization Time”). Merchant acknowledges that the Merchant’s POS/PMS system components, network, hardware implemented, or any security-related hardware or software may add time at the POS/PMS and is beyond SHIFT4’s control. This includes any security software even if supplied by SHIFT4 (i.e., 4Go, i4GO, SHIFT4’s Point to Point Encryption (P2PE) solution) as that software must reside and run on hardware and over networks over which SHIFT4 has no control. 13.4. Merchant acknowledges that the Average Authorization Time can be affected by: Merchant’s Credit Card Processor(s); Merchant’s MSP(s); problems with the cardholder’s bank; problems at the Credit Card Processing company(s) selected by or Merchant’s MSP(s); problems with the telecommunications company selected by the Credit Card Processing Company; traffic on the Internet; problems at the Card Associations or any other relevant entity over which SHIFT4 has no control contractual or otherwise. ▇▇▇▇▇▇▇▇ agrees that high transaction times attributable to any of the above are beyond SHIFT4’s control and will not be included in calculating SHIFT4’s average authorization time. 13.5. Merchant acknowledges that in order to maintain SHIFT4’s ninety-nine point seven percent (99.7%) average Monthly service level, GATEWAY DOTN is redundant as defined in Section 23.21 of this Gateway Services Agreement. However, due to today’s highly technical telecommunications systems, SHIFT4 cannot predict how long a single Third-Party Outage might last. Notwithstanding the above, SHIFT4 will make commercially reasonable efforts to work with Third Parties to attempt to expedite resolution. 13.6. Merchant ▇▇▇▇▇▇▇▇ agrees that GATEWAY DOTN will be considered operational and available at any given time if GATEWAY DOTN is being provided by SHIFT4 to, at least, seventy-five (75%) of Merchant’s location(s) during the specific measurement period. 13.7. Merchant agrees that the Licensed Software is subject to the availability and quality of the Merchant’s environment, and SHIFT4 is not responsible for the Licensed Software’s security, availability, or operational stability based on an environment not consistent with Sections 10 (INSTALLATIONSInstallationsINSTALLATIONS) and 11 (24/7 Operational Support for GATEWAYDOTN) or with the requirements outlined by the PCI DSS. Further, and based on the aforementioned, ▇▇▇▇▇▇▇▇ agrees that the Licensed Software cannot be adequately tabulated or counted for the purposes of this Section except for where and how otherwise specifically stated in Section 23 (Miscellaneous). 13.8. Merchant agrees that based on SHIFT4’s robust product offerings including, but not limited to, multiple POS/PMS providers, carriers, processors, acquirers, devices, or feature sets, that Merchant will work with SHIFT4 using commercially reasonable efforts to resolve any outage of any kind using those offerings prior to seeking other protections that may or may not be afforded under this Gateway Services Agreement. 13.9. In the event of a service level failure under this Section 13 or under Sections 11.6 or 11.7, SHIFT4 shall promptly perform an analysis to determine the root cause of the service-level failure and adopt and implement an appropriate plan to correct the relevant flaws so as to mitigate the likelihood of a recurrence. To view system status alerts, Merchant must refer to the notifications given in Section 11.4.

Service Level Standards. 13.1. Merchant agrees that GATEWAY will be available 24/7/365 and be operational ninety-nine point seven percent (99.7%) of the time on an average Monthly basis, excluding scheduled downtimes for maintenance. Scheduled downtimes will commence when SHIFT4 has the lowest transaction-processing volume, and will be announced on the GATEWAY home page or alerted generally within three (3) business days before the scheduled downtime posted via social media. Downtimes will not be scheduled from 4:00 am PT to 12:00am PT on Friday, Saturday, or Sunday. SHIFT4 will make commercially reasonable efforts not to exceed thirty (30) minutes of scheduled downtime per Month, on average. 13.2. ▇▇▇▇▇▇▇▇ agrees that GATEWAY downtimes experienced in excess of one-half of one percent (0.5%) could be experienced due to one or all of the following Third-Party Outages, measured on an average Monthly basis: ▇▇▇▇▇▇▇▇Merchant’s ISP(s); ▇▇▇▇▇▇▇▇Mer- chant’s Credit Card Processor(s); ▇▇▇▇▇▇▇▇Merchant’s MSP(s); the telecommunications provider selected by the Merchant’s Credit Card Processor(s); or any other relevant entity of which SHIFT4 has no control (“Third-Party Outage”). ▇▇▇▇▇▇▇▇ further agrees that downtimes attributable to any of the above are beyond SHIFT4’s control and will not be included in calculating SHIFT4’s Monthly uptime availability. Notwithstanding the foregoing, SHIFT4 agrees that GATEWAY downtimes that are not attributable to the causes expressly identified in this Section 13.2 shall be included in calculating SHIFT4’s Monthly Uptime Availability. 13.3. ▇▇▇▇▇▇▇▇ agrees that the average time for a credit card authorization across all Credit Card Processors will be three (3) seconds or less from the time the transaction is received at SHIFT4’s datacenter(s) until the transaction is transmitted back from SHIFT4 to Merchant (the “Average Authorization Time”). Merchant acknowledges that the Merchant’s POS/PMS system sys- tem components, network, hardware implemented, or any security-related hardware or software may add time at the POS/POS/ PMS and is beyond SHIFT4’s control. This includes any security software even if supplied by SHIFT4 (i.e., 4Go, i4GO, SHIFT4’s Point to Point Encryption (P2PE) solution) as that software must reside and run on hardware and over networks over which SHIFT4 has no control. 13.4. Merchant acknowledges that the Average Authorization Time can be affected by: Merchant’s Credit Card Processor(s); Merchant’s MSP(s); problems with the cardholder’s bank; problems at the Credit Card Processing company(s) selected by or Merchant’s MSP(s); problems with the telecommunications company selected by the Credit Card Processing Company; traffic on the Internet; problems at the Card Associations or any other relevant entity over which SHIFT4 has no control contractual con- tractual or otherwise. ▇▇▇▇▇▇▇▇ agrees that high transaction times attributable to any of the above are beyond SHIFT4’s control and will not be included in calculating SHIFT4’s average authorization time. 13.5. Merchant acknowledges that in order to maintain SHIFT4’s ninety-nine point seven percent (99.7%) average Monthly service ser- vice level, GATEWAY is redundant as defined in Section 23.21 of this Gateway Services Agreement. However, due to today’s highly technical telecommunications systems, SHIFT4 cannot predict how long a single Third-Party Outage might last. Notwithstanding Not- withstanding the above, SHIFT4 will make commercially reasonable efforts to work with Third Parties to attempt to expedite resolution. 13.6. Merchant agrees that GATEWAY will be considered operational and available at any given time if GATEWAY is being provided provid- ed by SHIFT4 to, at least, seventy-five (75%) of Merchant’s location(s) during the specific measurement period. 13.7. Merchant ▇▇▇▇▇▇▇▇ agrees that the Licensed Software is subject to the availability and quality of the Merchant’s environment, and SHIFT4 is not responsible for the Licensed Software’s security, availability, or operational stability based on an environment not consistent with Sections 10 (INSTALLATIONSInstallations) and 11 (24/7 Operational Support for GATEWAY) or with the requirements re- quirements outlined by the PCI DSS. Further, and based on the aforementioned, ▇▇▇▇▇▇▇▇ agrees that the Licensed Software cannot be adequately tabulated or counted for the purposes of this Section except for where and how otherwise specifically stated in Section 23 (Miscellaneous). 13.8. Merchant ▇▇▇▇▇▇▇▇ agrees that based on SHIFT4’s robust product offerings including, but not limited to, multiple POS/PMS providers, carriers, processors, acquirers, devices, or feature sets, that Merchant will work with SHIFT4 using commercially reasonable efforts to resolve any outage of any kind using those offerings prior to seeking other protections that may or may not be afforded under this Gateway Services Agreement. 13.9. In the event of a service level failure under this Section 13 or under Sections 11.6 or 11.7, SHIFT4 shall promptly perform an analysis to determine the root cause of the service-level failure and adopt and implement an appropriate plan to correct the relevant flaws so as to mitigate the likelihood of a recurrence. To view system status alerts, Merchant must refer to the notifications given in Section 11.4.

Service Level Standards. ‌ 13.1. Merchant agrees that GATEWAY will be available 24/7/365 and be operational ninety-nine point seven percent (99.7%) of the time on an average Monthly basis, excluding scheduled downtimes for maintenance. Scheduled downtimes will commence when SHIFT4 has the lowest transaction-processing volume, and will be announced on the GATEWAY home page or alerted generally within three (3) business days before the scheduled downtime posted via social media. Downtimes will not be scheduled from 4:00 am PT to 12:00am PT on Friday, Saturday, or Sunday. SHIFT4 will make commercially reasonable efforts not to exceed thirty (30) minutes of scheduled downtime per Month, on average. 13.2. ▇▇▇▇▇▇▇▇ Merchant agrees that GATEWAY downtimes experienced in excess of one-half of one percent (0.5%) could be experienced due to one or all of the following Third-Party Outages, measured on an average Monthly basis: ▇▇▇▇▇▇▇▇Merchant’s ISP(s); ▇▇▇▇▇▇▇▇Merchant’s Credit Card Processor(s); ▇▇▇▇▇▇▇▇Merchant’s MSP(s); the telecommunications provider selected by the Merchant’s Credit Card Processor(s); or any other relevant entity of which SHIFT4 has no control (“Third-Party Outage”). ▇▇▇▇▇▇▇▇ Merchant further agrees that downtimes attributable to any of the above are beyond SHIFT4’s control and will not be included in calculating SHIFT4’s Monthly uptime availability. Notwithstanding the foregoing, SHIFT4 agrees that GATEWAY downtimes that are not attributable to the causes expressly identified in this Section 13.2 shall be included in calculating SHIFT4’s Monthly Uptime Availability. 13.3. ▇▇▇▇▇▇▇▇ Merchant agrees that the average time for a credit card authorization across all Credit Card Processors will be three (3) seconds or less from the time the transaction is received at SHIFT4’s datacenter(s) until the transaction is transmitted back from SHIFT4 to Merchant (the “Average Authorization Time”). Merchant acknowledges that the Merchant’s POS/PMS system components, network, hardware implemented, or any security-related hardware or software may add time at the POS/PMS and is beyond SHIFT4’s control. This includes any security software even if supplied by SHIFT4 (i.e., 4Go, i4GO, SHIFT4’s Point to Point Encryption (P2PE) solution) as that software must reside and run on hardware and over networks over which SHIFT4 has no control. 13.4. Merchant acknowledges that the Average Authorization Time can be affected by: Merchant’s Credit Card Processor(s); Merchant’s MSP(s); problems with the cardholder’s bank; problems at the Credit Card Processing company(s) selected by or Merchant’s MSP(s); problems with the telecommunications company selected by the Credit Card Processing Company; traffic on the Internet; problems at the Card Associations or any other relevant entity over which SHIFT4 has no control contractual or otherwise. ▇▇▇▇▇▇▇▇ Merchant agrees that high transaction times attributable to any of the above are beyond SHIFT4’s control and will not be included in calculating SHIFT4’s average authorization time. 13.5. Merchant acknowledges that in order to maintain SHIFT4’s ninety-nine point seven percent (99.7%) average Monthly service level, GATEWAY is redundant as defined in Section 23.21 of this Gateway Services Agreement. However, due to today’s highly technical telecommunications systems, SHIFT4 cannot SHIFT4cannot predict how long a single ThirdsingleThird-Party Outage might Outagemight last. Notwithstanding the Notwithstandingthe above, SHIFT4 will make commercially reasonable efforts to work with Third Parties to attempt to expedite resolution. 13.6. Merchant agrees that GATEWAY will be considered operational and available at any given time if GATEWAY is being provided by SHIFT4 to, at least, seventy-five (75%) of Merchant’s location(s) during the specific measurement period. 13.7. Merchant agrees that the Licensed Software is subject to the availability and quality of the Merchant’s environment, and SHIFT4 is not responsible for the Licensed Software’s security, availability, or operational stability based on an environment not consistent with Sections 10 (INSTALLATIONSInstallations) and 11 (24/7 Operational Support for GATEWAY) or with the requirements withtherequirements outlined by the PCI DSS. Further, and based on the aforementioned, ▇▇▇▇▇▇▇▇ Merchant agrees that the Licensed Software cannot be adequately tabulated or counted for the purposes of this Section except for where and how otherwise specifically stated in Section 23 (Miscellaneous). 13.8. Merchant agrees that based on SHIFT4’s robust product offerings including, but not limited to, multiple POS/PMS providers, carriers, processors, acquirers, devices, or feature sets, that Merchant will work with SHIFT4 using commercially reasonable efforts to resolve any outage of any kind using those offerings prior to seeking other protections that may or may not be afforded under this Gateway Services Agreement. 13.9. In the event of a service level failure under this Section 13 or under Sections 11.6 or 11.7, SHIFT4 shall promptly perform an analysis to determine the root cause determinetherootcause of the servicetheservice-level failure and adopt and implement an appropriate plan to correct the relevant flaws so appropriateplan tocorrect therelevant flawsso as to mitigate the mitigatethe likelihood of a recurrence. To view system status viewsystemstatus alerts, Merchant must refer to the notifications given in Section 11.4.