Following the termination of the agreement between a Best Western customer and AutoClerk, what is the deadline for the customer to deliver or destroy AutoClerk's Confidential Information?
Best_Western Franchise · 2025 FDDAnswer from 2025 FDD Document
- 6.4 Effect of Termination. Except as otherwise set forth in this Agreement, on the expiration or early termination of this Agreement: (i) all rights, licenses and authorizations granted to Customer hereunder will immediately terminate and Customer shall immediately cease all use of the Service; (ii) within thirty (30) days, Customer shall deliver to AutoClerk, or at AutoClerk's written request, destroy, and permanently delete from all devices and systems the Service and AutoClerk's Confidential Information; (iii) certify to AutoClerk in writing that it has complied with the requirements of this Section 6.4; and (iv) Customer shall pay, within thirty (30) days, all amounts payable by Customer under this Agreement. Except as otherwise required by applicable Law, upon termination for any reason, all Customer Content will be immediately and irrevocably deleted from the Service.
Source: Item 23 — Receipts (FDD pages 108–413)
What This Means (2025 FDD)
According to Best Western's 2025 Franchise Disclosure Document, a customer of AutoClerk has 30 days to either deliver or destroy AutoClerk's confidential information after the termination of their agreement. This requirement applies regardless of whether the termination is an early termination or occurs at the originally scheduled expiration of the agreement.
Specifically, upon termination, the customer must cease all use of the service immediately. Within 30 days following the termination, the customer is obligated to either return the service and AutoClerk's confidential information to AutoClerk or, upon AutoClerk's written request, destroy and permanently delete the service and confidential information from all devices and systems.
To ensure compliance, the customer must also provide written certification to AutoClerk confirming that they have fulfilled these requirements. Additionally, the customer is responsible for paying all outstanding amounts due under the agreement within the same 30-day period. Failure to meet these obligations could result in legal and financial repercussions for the customer.