Does Cinch I.T. have any liability if a franchisee has to modify or discontinue the use of the Cinch I.T. Marks?
Cinch_I_T Franchise · 2024 FDDAnswer from 2024 FDD Document
We shall have no liability with respect to Our obligations under this Agreement or otherwise for consequential, exemplary, special, incidental, or punitive damages even if We have been advised of the possibility of such damages;
- (l) We may, at Our option, maintain, either a series of "private" pages on Our Website or an intranet through either of which We, Our franchisees, and their respective authorized employees may communicate with each other, and through which We may disseminate the Manual, updates to it and other Confidential Information.
We will have sole discretion and control over all aspects of the intranet/extranet, including the content and functionality of it.
We will have no obligation to maintain the intranet indefinitely, and may dismantle it at any time without liability to You;
- (m) You will have the privilege to use Our intranet, subject to Your strict compliance with the System Standards, protocols and restrictions (collectively, "Franchisor Protocols") that We may establish from time to time.
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. has limited liability regarding issues with the Internet Website. Specifically, Cinch I.T. is not liable for unauthorized access, alteration, theft, or destruction of the website or a franchisee's data files, programs, or information due to accident or fraudulent means.
Furthermore, Cinch I.T. assumes no liability for consequential, exemplary, special, incidental, or punitive damages, even if they have been advised of the possibility of such damages. However, Cinch I.T. does assume liability for loss or interruption of the Cinch I.T. Internet Website due to (i) causes resulting from their failure to maintain and/or repair the Website, (ii) other causes exclusively within their control, or (iii) causes reasonably foreseeable by them, and which loss or interruption of the Cinch I.T. Internet Website exceeds a continual period of twenty-four (24) hours.
In the event that Cinch I.T. is liable for website issues, the franchisee's sole remedy is a credit against future Software Fees, if any, equal to a pro rata portion of said Software Fees for the period of downtime. Cinch I.T. also has the right to restrict, designate, and approve or control any existing or future Fan Page or other advertising or social networking services of the Franchised Business, including the sending of bulk e-mail, except as are in accordance with the guidelines in the Operations Manual or otherwise as Cinch I.T. may specify in writing.