Under the Windstream Service Terms and Conditions, what is the 'Agreement' that Bonchon is subject to?
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.
Source: Item 23 — RECEIPTS (FDD pages 92–536)
What This Means (2025 FDD)
According to Bonchon's 2025 Franchise Disclosure Document, the Windstream Service Terms and Conditions, along with the Service Agreement and any document incorporated by reference, are collectively referred to as the "Agreement." This agreement applies to all telecommunications and related services provided to the customer by the Windstream affiliate billing the customer (WIN).
The agreement becomes effective on the date identified on the Service Agreement, known as the "Effective Date," and continues for the term set forth in the Service Agreement from the last date that services are installed. Upon expiration of this term, the agreement automatically renews for successive one-month terms, during which Windstream reserves the right to increase rates to its then-current rates.
Bonchon franchisees should note that charges for services are detailed in the Service Agreement or assessed as services are used. The customer, in this case the franchisee, is responsible for all applicable taxes, surcharges, fees, and assessments, regardless of whether they are explicitly identified in the agreement or how they may change in the future. Windstream retains the right to adjust monthly recurring charges with at least thirty days' notice and other rates at any time, which could impact the franchisee's operating costs.