When authorizing Windstream to change Bonchon's service provider, does this agreement allow Windstream to change Bonchon's service to a carrier other than Windstream?
Bonchon Franchise · 2025 FDDAnswer from 2025 FDD Document
Together with the Service Agreement and any document incorporated by reference, these terms and conditions (collectively, the "Agreement") apply to all telecommunications and related services ("Services") provided to Customer by the Windstream affiliate billing Customer ("WIN").
- **1.
Term and Renewal.** This Agreement is effective on the date identified on the Service Agreement ("Effective Date") and will continue for the term set forth in the Service Agreement from the last date that Services are installed (the "Term").
Upon expiration of the Term, this Agreement will automatically renew for successive one-month terms (each, a "Renewal Term") and WIN reserves the right to increase rates to its then-current rates.
If this Agreement is a renewal, it may take one to two billing periods for the rates herein to become effective.
- **2.
Charges for Services.** Charges are set forth on the Service Agreement or assessed as Services are used by Customer (i.e., features, installation/repair, including after-hours installation, long distance (rounded up to next cent), etc.).
Customer is responsible for all permissible taxes, surcharges, fees, and assessments that apply to Services, including how those may change in the future, and regardless of whether such charges are identified in the Agreement.
Customer shall pay all charges if WIN or a third party provider is required to extend the demarcation point, delay installation due to Customer, or undertake special construction. WIN RESERVES THE RIGHT TO INCREASE OR DECREASE MONTHLY RECURRING CHARGES ("MRCS") ON AT LEAST THIRTY (30) DAYS' NOTICE AND OTHER RATES AT ANY TIME.
- **3.
Installation**.
Customer must comply with the responsibilities outlined in the Customer Responsibilities for Service Installation Guide and provide an environment that is suitable for the Services, including equipment that is compatible with WIN's network.
Source: Item 23 — RECEIPTS (FDD pages 92–536)
What This Means (2025 FDD)
Based on the 2025 Bonchon FDD, the excerpts provided discuss Windstream services and agreements but do not explicitly state whether Windstream can change Bonchon's service to a carrier other than Windstream. The documents outline the terms and conditions of the telecommunications services provided by Windstream to Bonchon franchisees, including the duration of the agreement, charges for services, and potential changes to those charges. However, they do not address the scenario in which Windstream might switch the service to a different carrier.
While the agreement allows Windstream to modify monthly recurring charges with a 30-day notice, it remains silent on the possibility of transferring Bonchon's services to another carrier. The agreement also mentions that Bonchon must provide a suitable environment for Windstream's services and equipment, implying a degree of reliance on Windstream's infrastructure.
Therefore, a prospective Bonchon franchisee should seek clarification from Bonchon regarding the circumstances under which Windstream might change the service to a different carrier. Understanding this aspect is crucial for assessing the stability and potential changes in telecommunications services and costs over the franchise term. It would be prudent to ask Bonchon directly about their policies and experiences with Windstream and whether there have been instances of service being transferred to other carriers.