OPTO – SERVICE LEVEL AGREEMENT

Valid from 1.11.2018

The purpose of this “Service Level Agreement” (hereinafter referred to as „SLA“) is to define the minimum service levels of the OPTO Service and outline the procedures and times for intervention in the case of malfunctioning of the services provided by Payment Technologies srl („Paytec“).

The purpose of the SLA is also to define the interaction rules between Paytec and the Customer in relation to the OPTO service. The current SLA is to be intended as an integral part of the Contract finalised between Paytec and the Customer.

Validity and length of the current SLA – modifications or replacements of the SLA

This SLA shall apply indefinitely with effect from the finalisation of each Contract and will cease its effects with the termination of the Contract.

Paytec reserves the right to modify or replace it more than once and at any time during the Contract validity length. The changes made to the SLA or the new SLA – replacing the previous one – shall apply indefinitely or until the next modification or replacement. In this case, however, the Customer is entitled to withdraw from the Contract in the manner and within the terms provided in the „General Conditions of the Contract for Access to the OPTO Platform and for Use of the related Services“ (see point 17).

Limitation on Scope of the current SLA

 Below are the conditions under which, despite a malfunctioning having occurred, the Customer is not due the compensation provided by the SLA:

• Force majeure, event or incident independent of the will of Paytec;
• Extraordinary interventions to be carried out urgently at the incontestable discretion of Paytec to avoid dangers to the security and/or stability and/or confidentiality and/or integrity of the virtual infrastructure created and allocated by the Customer and the data and/or information contained therein. The Customer will be informed of such interventions by e-mail (to the e-mail address indicated when registering to the Service) with a shorter notice than 48 hours or simultaneously when the operations are started or, in any case, as soon as possible;
• Error or malfunctioning due to a non-fulfillment or a breach of Contract by the Customer, or the Service being misused by the Customer;
• Failure to connect the virtual infrastructure to the public network by the Customer’s will or for the fact;
• Causes impeding partial/total access to the virtual infrastructure created and allocated to the Customer due to faults in the Internet network outside the control of Paytec (e.g. Internet faults or problems).

Paytec Obligations and Disclaimer

Due to the high technology rate of the OPTO Service, in relation to the same Paytec only assumes an obligation of means and not of result.

The OPTO platform is accessible to the Customer through the Internet. For the entire duration of the Service, Paytec offers the Customer access to means of communication enabling access to the Service.

Paytec shall exercise all the necessary care and diligence to provide a quality service, in accordance with professional uses and the state of the art.

• In particular, Paytec is committed to:
• Ensure 99% availability of the OPTO Service to the Customer. Paytec reserves the right to interrupt, temporarily and for the shortest possible time, the provision of the Service to put in place a technical intervention aimed at improving its operation. Should the need arise to interrupt the Service for a period exceeding the standard intervention times, Paytec will immediately inform the Customer;
• Act as soon as possible in the event of an incident not due to an inappropriate use of the Service by the Customer, also following an intervention request by the Customer himself;
• Ensure maintenance, at the highest possible level of quality, of its instruments in accordance with professional uses and the state of the art.

Paytec cannot be held responsible for damages suffered in any way by the Customer in the following cases:·

• Error, negligence, omission or incorrect management of the Service by the Customer, failure to comply with the instructions received from Paytec;
• Error, negligence, omission or incorrect management of the Service by a third party on which Paytec has no supervisory power;·       Force majeure, event or incident beyond Paytec’s control;
• Interruption of the Service for any reason indicated in this SLA;
• Disclosure or unlawful use of the password sent to the Customer in a confidential manner
• Application crashes;
• Improper use of the terminals by the Customer or by his/her customers;
• Partial or total deleting of the information transmitted or saved as a result of errors which can be ascribed directly or indirectly to the Customer;
• Intervention by a third party not authorized by Paytec.

The Customer declares to be aware of the fact that Paytec does not make any specific backup of the data saved by the Customer himself. Consequently, it is the responsibility of the Customer to implement the procedures deemed necessary and appropriate for the rescue of his/her data. Paytec will not respond in any case to loss or damage of Customer data, whatever the cause, including those not expressly mentioned in this SLA.

Paytec non fornisce alcuna garanzia in relazione alle conseguenze dell’utilizzo del Servizio da parte del Customer, in particolare per quanto riguarda la messa in sicurezza e la conservazione dei dati.

Paytec cannot be held responsible for the non-compliance, in whole or in part, of an obligation assumed by the Internet service providers that the Customer has selected to have access to the Internet.

Customer Service

Paytec Customer Service will guarantee assistance from Monday to Friday from 8.30am to 5.30pm, excluding mid-week holidays and Paytec closing days (see Paytec working calendar), which are effectively non-working days.

For any communication concerning the operation of the OPTO Service, Paytec Customer Service can be contacted by e-mail at the address opto@paytec.it, or by phone at the company numbers indicated on www.paytec.it.Parameters and contents of service levels

1. Criticality/Priority

This is the parameter that defines the contents and timing of intervention to revolve the reported event and it is linked to the service level. The table here below defines the criticalness / priority of the event. Each report will be assigned a level of criticalness that will determine the process and the timing of resolution.

2. Timing for take charge requests / response

 It is the time between the reception of the call and the taking charge of the problem by PaytecWithin the maximum time established, the report must be taken in charge by Paytec with communication of the first evidence on the problem and the Work Plan that Paytec intends to undertake for diagnosis and/or resolution.The Work Plan is the set of procedural steps (in terms of actions and planning) intended to be taken, both to get a correct problem determination and to solve the problem.The take-in-charge time must not be confused with the resolution time. In this context, the steps escalation and problem determination are also classified as actions if a comprehensive diagnosis or solution is not immediately available.

3. Service levels for taking charge of reports

Compliance with the service levels for the taking charge of the reports cannot disregard the way in which they are processed. It is not intended to guarantee the taking charge of reports made on different channels or in ways that differ from those indicated.

Scheduled maintenance

The scheduled maintenance concerns all the activities regularly carried out by Paytec to maintain the functionality of the Datacenter resources through which the Service is provided and of the physical nodes hosting the virtual Infrastructure. Scheduled maintenance is both ordinary and extraordinary.

Maintenance interventions will be communicated by Paytec with a minimum notice (48 hours). An e-mail will be sent to the address indicated by the Customer when registering with the Service. Paytec undertakes to make every reasonable effort to perform scheduled maintenance activities at times of minimal impact for the Virtual Infrastructure of the Customer.