What are Baymont Inn Suites' responsibilities regarding the availability of the SaaS Solution, including planned downtime and circumstances beyond their control?
Baymont_Inn_Suites Franchise · 2025 FDDAnswer from 2025 FDD Document
- 3.2 Our Responsibilities. We shall: (a) use commercially reasonable efforts to make the SaaS Solution available twenty-four (24) hours a day, seven (7) days a week, except for: (i) planned downtime, or (ii) any unavailability caused by circumstances beyond our reasonable control, including without limitation, acts of nature, acts of government, floods, fires, earthquakes, civil unrest, acts of terror, labor strikes, Internet service provider failures or delays, or denial of service attacks; and (b) provide the SaaS Solution only in accordance with applicable laws and government regulationsthat govern the implementation of the SaaS Solution.
Source: Item 22 — CONTRACTS (FDD pages 96–97)
What This Means (2025 FDD)
According to the 2025 Baymont Inn Suites Franchise Disclosure Document, Baymont Inn Suites is responsible for making commercially reasonable efforts to ensure the SaaS solution is available 24 hours a day, seven days a week. However, this is subject to certain exceptions.
Baymont Inn Suites is not liable for unavailability due to planned downtime, which suggests that scheduled maintenance or updates to the system may occur. Additionally, Baymont Inn Suites is not responsible for any unavailability caused by circumstances beyond their reasonable control. These circumstances include, but are not limited to, acts of nature such as floods, fires, and earthquakes, as well as acts of government, civil unrest, acts of terror, labor strikes, Internet service provider failures or delays, or denial of service attacks.
This means that while Baymont Inn Suites commits to providing a reliable SaaS solution, franchisees should be aware that interruptions can occur due to factors outside of Baymont Inn Suites' direct control. Franchisees should factor in potential downtime when planning their operations and should have contingency plans in place to mitigate any disruptions. Understanding these limitations is crucial for managing expectations and ensuring smooth business operations.