Does Speedline warrant that the operations of the service provided to Beggars Pizza franchisees will be uninterrupted or error-free?
Beggars_Pizza Franchise · 2025 FDDAnswer from 2025 FDD Document
ll definitions, Customer's accrued fmancial obligations, the license to Customer Content and User Data to the extent reasonable for SpeedLine's discharge of its post-termination obligations, and the following Sections and paragraphs: Sections 4, 9, 11.d, 13, 14, 16, and 17 of this Agreement.
12. Limited Warranty
SpeedLine warrants that the Service will perform in all material respects to the functionality as described in applicable documentation.
13. Disclaimer of Warranties
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITH THE FOREGOING LIMITED
WARRANTY. SPEEDLINE DISCLAIMS ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE AND NON-INFRINGEMENT OR NON-VIOLATION OF THIRD PARTY RIGHTS. FURTHERMORE, SPEEDLINE DOES NOT WARRANT THAT THE OPERATIONS OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE. SPEEDLINE IS NOT RESPONSIBLE FOR THE OPERATION OR PERFORMANCE OF THE INTERNET OR ANY OTHER NETWORK.
14. Limitations of Liability
IN NO EVENT SHALL SPEEDLINE OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES OF ANY KIND; DAMAGES TO THE CUSTOMER'S COMPUTER, OTHER SERVICE, SYSTEMS, DATA, OR OTHER FACILITIES; DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTIONS, LOSS OF BUSINESS INFORMATION, OR ANY OTHER ECONOMIC LOSS OR PECUNIARY LOSS; PUNITIVE DAMAGES; OR COSTS OF DATA STORAGE OR COMMUNICATIONS LINKS (INCLUDING ANY BACKUP STORAGE OR LINKS) ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE SERVICE, EVEN IF SPEEDLINE OR THE SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITIES OF SUCH DAMAGES OR LOSSES.
Source: Item 23 — RECEIPT (FDD pages 39–192)
What This Means (2025 FDD)
According to Beggars Pizza's 2025 Franchise Disclosure Document, Speedline does not warrant that the operations of the service will be uninterrupted or error-free. Speedline provides the service on an "AS IS" and "AS AVAILABLE" basis, offering only a limited warranty. They disclaim all other warranties, whether express or implied, including those related to merchantability, fitness for a particular purpose, and non-infringement. Additionally, Speedline is not responsible for the performance of the internet or any other network.
This disclaimer means that Beggars Pizza franchisees should be prepared for potential interruptions or errors in the Speedline service. This could impact online ordering systems, payment processing, and other critical functions that rely on the software. Franchisees should have contingency plans in place to handle such disruptions, which might include alternative ordering methods or temporary workarounds.
Furthermore, Speedline's liability is limited, and they are not liable for any special, indirect, consequential, or incidental damages, including loss of business profits or interruptions. The aggregate amount of Speedline's liability is capped at the total payments made by the customer to Speedline under the agreement. This limitation of liability extends to third-party claims against the customer, aiming to reduce Speedline's potential liability arising from the agreement. Given these limitations, it is crucial for prospective Beggars Pizza franchisees to understand the potential risks associated with relying on Speedline's services and to consider additional insurance or backup systems to mitigate these risks.