Is downtime caused by a Dq Treat Participating Location's computer system covered by the SSS Availability Warranty?
Dq_Treat Franchise · 2025 FDDAnswer from 2025 FDD Document
- b. Outages and Downtime. The following outages and downtime shall be excluded from the Availability Warranty: (i) requested by Participating Location; (ii) caused by Participating Location or Participating Location's contractors and agents; (iii) scheduled maintenance and upgrade purposes; (iv) caused by Participating Location's computer system, web browser, hardware or software applications, including third party integrations, not provided by PAR; (v) power failures; (vi) service failures caused by a service provider other than PAR or PAR's agents; (vii) damage to telecommunication facilities outside of PAR's control, other than acts taken by or caused by PAR personnel; (viii) outages and downtime that arises as a result of Participating Location's failure to upgrade or refresh required hardware and Equipment where such noncompliance was communicated by PAR to Participating Location with adequate advance notice and where compliance is consistent with good business practices; and (ix) outages and downtime that arise from excessive load (more than 20 requests per second on the API) by Participating Location or agents acting on Participating Location's behalf or at Participating Location's direction. PAR will provide Participating Location with one (1) week notice of any scheduled maintenance or upgrades, which shall occur after business hours local time. PAR shall only use occurrences exceeding 60 seconds to calculate downtime.
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 the 2025 Dq Treat FDD, downtime caused by a Participating Location's computer system is specifically excluded from the SSS Availability Warranty. This means that if a Dq Treat location experiences downtime due to issues with its own computer system, web browser, hardware, or software applications (including third-party integrations not provided by PAR), they will not be eligible for service level credits under the Availability Warranty. PAR is the service provider for the SSS (specified services system).
This exclusion has important implications for prospective Dq Treat franchisees. It highlights the need for franchisees to maintain their own technology infrastructure to ensure smooth operations. Franchisees should ensure their computer systems, hardware, and software are up-to-date and properly maintained to minimize the risk of downtime. Since downtime caused by these factors will not be covered under the SSS Availability Warranty, franchisees will bear the full cost of any disruptions caused by their own systems.
It is important for prospective franchisees to understand the scope and limitations of the Availability Warranty. While PAR warrants the online availability of the SSS, this warranty does not extend to issues arising from the franchisee's own technology. Therefore, franchisees should carefully assess their technology needs and budget for ongoing maintenance and upgrades to avoid potential disruptions and financial losses. Franchisees should also confirm which third party integrations are authorized by PAR to ensure coverage under the warranty.