Under what conditions is Cinch I.T. liable for loss or interruption of the Cinch I.T. Internet Website?
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;
- (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.
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;
Source: Item 23 — RECEIPTS (FDD pages 60–269)
What This Means (2024 FDD)
According to Cinch I.T.'s 2024 Franchise Disclosure Document, the company's liability for any loss or interruption of the Cinch I.T. Internet Website is limited to specific circumstances. Cinch I.T. is not liable for interruptions caused by events beyond their control or those that are not reasonably foreseeable, such as telecommunication failures or internet slowdowns. This means that franchisees bear the risk of disruptions stemming from widespread technical issues.
Cinch I.T. will only be liable for loss or interruption of the website if it results from (i) their failure to maintain or repair the website, (ii) causes exclusively within their control, or (iii) causes reasonably foreseeable by them, and only if the loss or interruption exceeds a continuous period of 24 hours. In such cases where Cinch I.T. is liable, the franchisee's sole remedy is a credit against future software fees, prorated for the downtime.
Furthermore, Cinch I.T. is not liable for unauthorized access, alteration, theft, or destruction of the website or franchisee data due to accident or fraudulent means. The company also disclaims liability for consequential, exemplary, special, incidental, or punitive damages, even if they were advised of the possibility of such damages. This indicates that franchisees are significantly limited in the types of damages they can recover from Cinch I.T. related to website issues, focusing primarily on a credit for software fees during extended downtimes caused by Cinch I.T.'s direct negligence or foreseeable issues.