factual

What level of service availability does AutoClerk guarantee for Best Western franchisees, and what exceptions apply?

Best_Western Franchise · 2025 FDD

Answer from 2025 FDD Document

  • (a) Customer acknowledges that (i) it is not possible for AutoClerk to guarantee that the Service will be available or will function properly at all times and (ii) from time to time the Service will not be available because of the need to conduct routine or non-routine Updates. AutoClerk will use reasonable efforts to ensure that, when possible, downtime will be scheduled with Customer in advance. AutoClerk will use commercially reasonable efforts to make the Service available 99.0% of the time, subject to the exceptions listed in this Agreement, including Section 2.1.
  • (b) AutoClerk will provide telephone support twenty-four (24) hours per day, seven (7) days per week. Generally, Customer will receive an initial response within thirty (30) minutes during hours between 9:00 a.m. and 5:00 p.m. PT Monday through Friday and within two (2) hours at all other times. AutoClerk will use reasonable efforts to solve all issues promptly. However, Customer acknowledges and agrees that (i) at certain times, for reasons that may be outside AutoClerk's control, demand for customer support may exceed availability and (ii) particularly complex issues may require a higher degree of support from that which can be provided by the first response and therefore may take longer to provide.

Source: Item 23 — Receipts (FDD pages 108–413)

What This Means (2025 FDD)

According to Best Western's 2025 Franchise Disclosure Document, AutoClerk, the service provider, does not guarantee uninterrupted service to Best Western franchisees. However, AutoClerk will use commercially reasonable efforts to ensure the service is available 99.0% of the time. This means that franchisees can expect the system to be operational for the vast majority of the time, but there is still a potential for downtime.

Several exceptions apply to this availability guarantee. The agreement acknowledges that the service may be unavailable due to routine or non-routine updates. AutoClerk states they will try to schedule downtime with the customer in advance when possible. These exceptions mean that the 99.0% uptime is not an absolute guarantee, and franchisees need to be prepared for occasional interruptions.

AutoClerk also provides telephone support 24 hours a day, seven days a week. The initial response time is generally within 30 minutes during business hours (9:00 a.m. to 5:00 p.m. PT, Monday through Friday) and within two hours at all other times. However, the document notes that demand for customer support may exceed availability at certain times, and complex issues may require more time to resolve. This highlights that while support is offered, immediate resolution is not always guaranteed.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.