What are the exceptions to Cinch I.T.'s obligation to keep the Cinch I.T. Internet Website accessible?
Cinch_I_T Franchise · 2024 FDDAnswer from 2024 FDD Document
one (1) e-mail address, which You must use as the Franchised Business' e-mail address and for all electronic transmissions. We reserve the right to update or make changes or additions to the CINCH I.T. Internet Website without limitation. Unless otherwise indicated, the Website shall be accessible to third parties via the Internet twenty-four (24) hours a day, seven (7) days a week, except for scheduled maintenance, updates, changes, required repairs, and except for any loss or interruption of the CINCH I.T. Internet Website due to causes beyond Our control or which are not reasonably foreseeable by Us, including, but not limited to, interruption or failure of telecommunication or digital transmission links and Internet slow-downs or failures. In the event of any loss or interruption of the CINCH I.T. Internet Website, Our sole and exclusive liability shall be only for loss or interruption due to (i) causes resulting from Our failure to maintain and/or repair the Website, (ii) other causes exclusively within Our control, or (iii) causes reasonably foreseeable by the Us, and which loss or interruption of the CINCH I.T. Internet Website exceeds a continual period of twenty-four (24) hours. Your sole and exclusive remedy shall be a credit against future Software Fees required by Us, if any, equal to a pro rata portion of said Software Fees for the period of downtime;
Source: Item 23 — RECEIPTS (FDD pages 60–269)
What This Means (2024 FDD)
According to the 2024 Cinch I.T. Franchise Disclosure Document, Cinch I.T. aims to maintain its website for 24 hours a day, 7 days a week. However, Cinch I.T. outlines specific exceptions to this commitment. These exceptions include scheduled maintenance, updates, changes, and required repairs, during which the website may be temporarily inaccessible.
Additionally, Cinch I.T. is not responsible for any loss or interruption of the website due to causes beyond its control or those that are not reasonably foreseeable. This includes interruptions or failures of telecommunication or digital transmission links, as well as general Internet slowdowns or failures. These external factors are acknowledged as potential disruptions that Cinch I.T. cannot guarantee against.
In the event of any website interruption, Cinch I.T.'s liability is limited to interruptions caused by their failure to maintain or repair the website, causes exclusively within their control, or causes reasonably foreseeable by them, and only if the interruption exceeds a continuous period of 24 hours. If such an interruption occurs, the franchisee's sole remedy is a pro rata credit against future software fees for the downtime period.