What is Cinch I.T.'s responsibility for maintaining the Cinch I.T. Internet Website?
Cinch_I_T Franchise · 2024 FDDAnswer from 2024 FDD Document
- (j) Maintain the CINCH I.T.
Internet Website for the purpose of enhancing the goodwill and public image of the CINCH I.T. franchise system, and to attract prospective clients for the benefit of the CINCH I.T. franchisees.
We will include Your Franchised Business location details on the CINCH I.T.
Internet Website and provide You with no less than 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;
- (k) We shall have no liability for unauthorized access to, or alteration, theft, or destruction of, the Website or Your data files, programs, or information, if any, through accident, fraudulent means or devices.
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. is responsible for maintaining the Cinch I.T. Internet Website to enhance the goodwill and public image of the Cinch I.T. franchise system and attract prospective clients for the benefit of Cinch I.T. franchisees. Cinch I.T. will include the franchisee's business location details on the website and provide the franchisee with at least one email address to be used for the franchised business. Cinch I.T. reserves the right to update or make changes or additions to the website without limitation.
The Cinch I.T. Internet Website will be accessible to third parties 24 hours a day, seven days a week, except for scheduled maintenance, updates, changes, required repairs, and any loss or interruption of the website due to causes beyond Cinch I.T.'s control or which are not reasonably foreseeable. These causes include 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, Cinch I.T.'s sole liability is limited to loss or interruption due to (i) causes resulting from Cinch I.T.'s failure to maintain and/or repair the Website, (ii) other causes exclusively within Cinch I.T.'s control, or (iii) causes reasonably foreseeable by Cinch I.T., and which loss or interruption of the Cinch I.T. Internet Website exceeds a continual period of twenty-four (24) hours. The franchisee's sole remedy is a credit against future Software Fees required by Cinch I.T., if any, equal to a pro rata portion of said Software Fees for the period of downtime. Cinch I.T. has no liability for unauthorized access to, or alteration, theft, or destruction of, the Website or the franchisee's data files, programs, or information, if any, through accident, fraudulent means or devices.