What is a prohibited action regarding communications between franchisees on the Cinch I.T. intranet?
Cinch_I_T Franchise · 2024 FDDAnswer from 2024 FDD Document
- (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.
The Franchisor Protocols may relate to, among other things, (i) the use of abusive, slanderous or otherwise offensive language in electronic communications, (ii) communications between or among franchisees that endorse or encourage breach of any franchisee's franchise or license agreement, (iii) confidential treatment of materials that We transmit via the intranet, (iv) password protocols and other security precautions, (v) grounds and procedures for Us suspending or revoking a franchisee's access to the intranet, and (vi) a privacy policy governing Our access to and use of electronic communications that franchisees post to the intranet.
You acknowledge that, as administrator of the intranet, We can technically access and view any communication that any person posts on the intranet.
You further acknowledge that the intranet facility and all communications that are posted to it will become Our property, free of any
Source: Item 23 — RECEIPTS (FDD pages 60–269)
What This Means (2024 FDD)
According to Cinch I.T.'s 2024 Franchise Disclosure Document, franchisees are prohibited from engaging in communications on the intranet that endorse or encourage the breach of any franchisee's franchise or license agreement. This restriction is part of the Franchisor Protocols that Cinch I.T. establishes and enforces.
This means that Cinch I.T. franchisees must be careful about the content they post on the intranet. Any communication that could be interpreted as supporting or promoting the violation of a franchise agreement is not allowed. This could include discussions about circumventing system standards, violating territorial restrictions, or failing to meet performance quotas.
Cinch I.T. retains the right to monitor and access all communications posted on the intranet, emphasizing that all such communications become the property of Cinch I.T., without any claims of privacy or privilege. This gives Cinch I.T. broad oversight and control over franchisee interactions on the platform. Franchisees need to be aware that their intranet communications are not private and can be used by Cinch I.T. for compliance and enforcement purposes.
The franchisor's ability to access and view any communication posted on the intranet, coupled with the prohibition against encouraging breaches of franchise agreements, highlights the importance of franchisees understanding and adhering to all terms of their franchise agreement. It also underscores the need for franchisees to communicate responsibly and professionally on the intranet to avoid potential conflicts with Cinch I.T.'s policies.