What is the definition of 'costs associated with integration' for which Acumera is not liable to Dq Treat?
Dq_Treat Franchise · 2025 FDDAnswer from 2025 FDD Document
IN NO EVENT SHALL EITHER PARTY HAVE ANY LIABILITY TO THE OTHER PARTY OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOSS OF DATA, LOSS OF USE, COSTS ASSOCIATED WITH INTEGRATION, INTERRUPTION OF BUSINESS, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES HOWEVER CAUSED AND, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, WHETHER OR NOT THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
Source: Item 17 — The following paragraph is added to the end of Item 17 of the Disclosure Document: (FDD pages 70–378)
What This Means (2025 FDD)
According to Dq Treat's 2025 Franchise Disclosure Document, Acumera, the managed firewall/SD-WAN provider, is not liable to Dq Treat franchisees for 'costs associated with integration'. This exclusion is part of a broader clause that states neither party is liable for various types of damages.
Specifically, Acumera will not be responsible for circumstances where the installing technician is late but completes the installation in the allotted timeframe, or if the technician cannot complete the installation due to issues caused by the franchisee or their employees. Acumera is also not responsible if the technician is turned away upon arrival, or if the installation cannot be completed because the site is not ready or the franchisee fails to provide necessary information. Additionally, Acumera is not liable for post-installation connectivity or access issues related to business applications that Acumera was not informed of prior to installation.
This means that Dq Treat franchisees are responsible for ensuring their site is prepared for the Acumera installation, providing all necessary information, and ensuring their staff is available and cooperative. Failure to do so may result in additional costs for which Acumera will not be liable. Franchisees should communicate all business application requirements to Acumera before the installation to avoid post-installation issues. Franchisees should also be aware that Acumera's liability is limited to proven direct damages, not exceeding the fees paid to Acumera in the 12 months preceding the event giving rise to a claim.