If WIN terminates the agreement with Bonchon due to a breach, what must Bonchon do to have the service restored?
Bonchon Franchise · 2025 FDDAnswer from 2025 FDD Document
After termination due to breach, WIN may restore Service if Customer corrects any breach and pays all outstanding amounts owed, including restoration charges.
In addition to these termination rights, if WIN determines that providing Services is not economically or technically feasible or because underlying facilities leased from third parties are no longer available to WIN due to legal/regulatory changes, WIN has the right to terminate this Agreement either prior to installation or on sixty (60) days' notice after installation.
Source: Item 23 — RECEIPTS (FDD pages 92–536)
What This Means (2025 FDD)
According to Bonchon's 2025 Franchise Disclosure Document, if WIN (presumably a service provider) terminates services due to a breach by the customer (in this context, a Bonchon franchisee), WIN may restore service if the customer corrects the breach and pays all outstanding amounts owed, including restoration charges. This means that a Bonchon franchisee facing service termination from WIN needs to rectify whatever issue caused the termination, such as a failure to pay or a misuse of services.
For a prospective Bonchon franchisee, this highlights the importance of understanding and adhering to the terms of service agreements with third-party providers like WIN. Failure to do so can lead to service interruptions that impact the operation of the Bonchon restaurant. The franchisee is responsible for ensuring that all payments are current and that the services are used appropriately and within the agreed-upon terms.
The franchisee should also be prepared to pay any restoration charges that WIN may impose to reinstate the service. These charges are in addition to the outstanding amounts owed for the original breach. Therefore, maintaining good standing with service providers is crucial to avoid disruptions and additional costs.
It is also important to note that WIN has specific reasons that they may terminate services immediately, including using the services in violation of the agreement, in a manner that affects WIN's network or other customers, fraudulently or unlawfully, in an excessive, abusive, or unreasonable manner, or in a manner that may cause an imminent and significant risk. WIN may also terminate services if the customer impersonates another person, uses obscene language, or is abusive to WIN representatives and fails to stop such behavior after receiving a warning.