What is a Dolce Hotels franchisee responsible for regarding data backup and anti-virus/anti-malware software?
Dolce_Hotels Franchise · 2025 FDDAnswer from 2025 FDD Document
5. DISCLAIMER; NO WARRANTIES; TECHNICAL SPECIFICATIONS REQUIREMENTS
- 5.1 Disclaimer.We are not responsible for the loss of any data or for any viruses or malware infecting your systems. It is your responsibility to ensure that the Facility's data is adequately backed up at all times and that you maintain current updated anti-virus/antimalware software at all times. Assistance with restoring lost data or with addressing an infected system may be provided as Additional Services.
- 5.2 No Warranties. EXCEPT WHERE SUCH WARRANTIES OR REPRESENTATIONS ARE REQUIRED TO BE GIVEN OR MADE BY APPLICABLE LAW, (A) WE MAKE NO WARRANTIES WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY ABOUT THE PRODUCTS AND/OR SERVICES, ORACLE PRODUCTS AND/OR SERVICES, CRISP SERVICES OR ADDITIONAL SERVICES, THEIR MERCHANTABILITY, THEIR FITNESS FOR ANY PARTICULAR PURPOSE, OR THEIR CONFORMANCE TO THE PROVISIONS AND SPECIFICATIONS OF ANY ORDER OR DOCUMENTATION; (B) WE MAKE NO REPRESENTATION OR WARRANTY REGARDING THE VOLUME OF RESERVATIONS OR AMOUNT OF REVENUES THAT THE FACILITY MAY ATTAIN THROUGH THE USE OF THE CRISP SERVICES OR THAT YOUR RESERVATIONS OR REVENUE WILL INCREASE; AND (C) WE MAKE NO REPRESENTATION OR WARRANTY REGARDING ANY OF THE DATA THAT YOU MAINTAIN OR THE PREVENTION OF ANY VIRUSES OR MALWARE, AND WE ARE NOT RESPONSIBLE FOR THE LOSS OF ANY DATA OR THE INTRODUCTION OF ANY VIRUSES OR MALWARE, EVEN IF SUCH LOSS OR INTRODUCTION RESULTS FROM OUR PERFORMANCE OF SERVICES HEREUNDER. YOU ARE RESPONSIBLE FOR ENSURING THAT YOUR DATA IS ADEQUATELY BACKED UP AND THAT YOU MAINTAIN CURRENT UPDATED ANTI-VIRUS/ANTI- MALWARE SOFTWARE. YOU, ON BEHALF OF YOURSELF, YOUR SUCCESSORS AND ASSIGNS, HEREBY WAIVE, RELEASE AND RENOUNCE ALL CLAIMS OR CAUSES OF ACTION THAT YOU MAY HAVE AGAINST US, OUR AFFILIATES, OR OUR OR THEIR OFFICERS, DIRECTORS OR AGENTS, ARISING OUT OF THE PRODUCTS AND/OR SERVICES (INCLUDING THE ORACLE PRODUCTS AND/OR SERVICES) UNLESS DUE TO OUR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.
- 5.3 Technical Specification Requirements. To access and use the Product and/or Services, you must meet the technical specification requirements set forth on Attachment 5.3.
Source: Item 22 — CONTRACTS (FDD page 84)
What This Means (2025 FDD)
According to Dolce Hotels' 2025 Franchise Disclosure Document, franchisees are responsible for ensuring their data is adequately backed up at all times and for maintaining current, updated anti-virus/anti-malware software at all times. Dolce Hotels is not responsible for data loss or for viruses or malware infecting the franchisee's systems. However, the franchisor may provide assistance with restoring lost data or addressing an infected system as additional services.
This means that as a Dolce Hotels franchisee, you must proactively protect your business's data and systems. This includes regularly backing up all data to prevent loss in case of system failure or cyberattack. It also requires keeping anti-virus and anti-malware software up to date to guard against the latest threats. Failure to comply with these responsibilities could leave the franchisee vulnerable to data loss, security breaches, and potential business disruption.
While Dolce Hotels offers no warranties regarding data protection or virus prevention, they may offer assistance in restoring lost data or addressing infected systems as an additional service. It would be prudent for a prospective franchisee to inquire about the costs and scope of these additional services to understand the level of support available in case of a data security incident. Franchisees should also confirm what specific technical specifications and standards Dolce Hotels requires for data backup and anti-virus/anti-malware software to ensure compliance.