Is Cinch I.T. obligated to keep the Cinch I.T. Internet Website accessible at all times?
Cinch_I_T Franchise · 2024 FDDAnswer from 2024 FDD Document
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 Cinch I.T.'s 2024 Franchise Disclosure Document, Cinch I.T. aims to maintain website accessibility but does not guarantee uninterrupted service. The document states that the website should be accessible 24 hours a day, seven days a week, but includes exceptions for scheduled maintenance, updates, changes, and required repairs.
There are also circumstances beyond Cinch I.T.'s control that may cause interruptions, such as telecommunication or digital transmission failures and internet slowdowns. In these cases, Cinch I.T. is not liable for website inaccessibility.
However, if the website is inaccessible for a continuous period exceeding 24 hours due to Cinch I.T.'s failure to maintain or repair the site, causes exclusively within their control, or causes reasonably foreseeable by them, the franchisee's sole remedy is a pro rata credit against future software fees for the downtime period. This means a franchisee might receive a reduction in future software fees, but is not entitled to any other form of compensation for lost business or other damages during the outage.