Service Level Agreement

This Service Level Agreement (“SLA””) applies to the CRE Secure Application services offering, and is offered by CRE Secure Payments, LLC (“CRE”) to the its customers who have executed (either with a signature or by accepting online) the CRE Master Services Agreement (“Agreement”). The entity other than CRE named as a party to the Agreement is referred to as “Customer” or “You”.

1. Scope of Agreement. During the term of the Agreement to which this exhibit is attached. CRE agrees to provide the CRE Secure Application services and related support services as set forth in this SLA.
2. Availability. CRE endeavors to have the content you provide CRE available for TCP/IP access by third parties 99.9% of the time. CRE or its vendors will monitor Your system availability via ICMP (ping) access from both local and remote networks. Data points for measuring availability will be collected every 5 minutes. Further, CRE endeavors to provide access to the CRE Secure Application services in a manner to allow successful connections and data transit from the user interface accessible via the Internet to the gateway You designate 99.9% of the time.
3. In the event that there is no system availability or access to the CRE Secure Application services, CRE will credit the monthly service charge for the CRE Application service as calculated below and as measured 24-hours a day in a calendar month, with the maximum credit not to exceed the monthly service charge for the affected month:



System Availability	Credit
98% to 99.8%	10%
95% to 97.9%	25%
90% to 94.9%	50%
89.9% or below	100%



4. SLA Reimbursement Guidelines. In order for you to receive a credit on your account, you must request such credit within thirty (30) business days after you experienced the unavailability. You must request credit by sending an e-mail message to billing@cresecure.com. The contents of this request must contain Your company name as shown on Your invoice, the dates and times of the unavailability of Your applications, and such other customer identification requested by CRE. Credits will usually be applied within thirty (30) days of your credit request. Credit to Your account shall be your sole and exclusive remedy in the event there is no network availability. CRE will check maintenance and service record for the period in question to verify outage and provide credit if appropriate.
5. SLA Restrictions. Credits shall not be provided to You in the event that You have no availability resulting from:
1. scheduled maintenance as posted from time to time,
2. Your behavior or the performance or failure of Your equipment, facilities or applications,
3. Any failure in data transport related to the systems or availability of Your designated gateway; or
4. circumstances beyond CRE's reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of interruption or delay in telecommunications or third party services (including DNS propagation), utility failure, failure of third party software or hardware or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of Your applications.
6. Response Time by Priority. Upon receipt from Customer of a report of a significant error or problem affecting Customer's use of the CRE Secure Application, CRE shall take commercially reasonable measures to remedy the reported error or malfunction. CRE may request certain information to properly validate and reproduce the error or malfunction. All response times will begin after CRE validates and reproduces the error or malfunction. CRE will provide response for reported errors and malfunctions, in accordance with the following schedule:

CRE support contact information is available at CRESecure.com, livechat

CRE’s sole liability for failure to meet the response times set forth above will be to credit Customer with 1 month’s recurring charge. All categories above specifically apply only to those issues that are within the control of CRE not including any force majeure or other events beyond the reasonable control of CRE. CRE may charge an hourly rate for all support services provided that not the result of an error or malfunction of the CRE Secure Application services as provided by CRE.

In the event of any unauthorized access to the Customer transaction data, CRE will follow the procedures described at CRESecure.com/remediation

7. Customer’s General Responsibilities. Customer will be responsible for:
1. Reporting errors promptly and accurately.
2. Designating two members of Customer's technical staff who shall be Customer's representatives for contact with CRE regarding Support Services.
3. Providing sufficient information for CRE to duplicate the circumstances of a reported defect or duplicate the error, so CRE can duplicate the error, assess the situation, and/or undertake any needed or appropriate corrective action hereunder.
4. Otherwise following instructions or suggestions from CRE regarding use, maintenance, upgrades, repairs, workarounds, or other related matters.
5. Customer understands and agrees that CRE’s successful response and provision of support services is subject to Customer’s assistance and compliance regarding (i) at CRE’s reasonable request, Customer will provide CRE with reasonable access to Customer’s personnel and equipment during normal business hours to discuss and assess any problems and/or requests for assistance; and (ii) Customer will document and promptly report to CRE all errors or malfunctions of the Services. It is Customer’s responsibility to carry out procedures necessary at Customer’s and its authorized users’ facilities, if and when necessary for the rectification of errors or malfunctions.