What happens if Dq Treat's internet connectivity is not a terrestrial high-speed circuit?
Dq_Treat Franchise · 2025 FDDAnswer from 2025 FDD Document
Participating Location acknowledges that Acumera does not provide and does not manage Participating Location's Internet circuit and is not responsible for the performance of said circuit and assumes no liability for issues with Internet speed or performance related to the Internet circuit.
Furthermore, Participating Location's acknowledges that if their Internet connectivity is not a terrestrial (landbased) high-speed always-on cable, broadband, fiber, or dedicated circuit (i.e.
T1 or similar), Acumera services may not perform optimally and that under such circumstances Acumera shall have no liability to Participating Location for issues caused by any inadequate or faulty Internet circuit.
- 18.6.
ASV Scan Exclusion.
If applicable to the Services contracted pursuant to this Participation Agreement or any contract document(s), Acumera may agree to launch certain ASV scans and/or file or re-file external ASV scanning exceptions on behalf of the Participating Location following a specific request from Participating Location.
In no event shall Acumera have any liability to Participating Location or any third-party related to launching said scan(s) or for filing or re-filing external ASV scanning exceptions on behalf of Participating Location.
Participating Location is solely responsible for the validity of the information provided to Acumera in support of the filed exception(s).
Participating Location further agrees to defend and indemnify Acumera in the event said information is inaccurate or changes without proper notification to Acumera.
- VoIP Exclusion.
If applicable to the Services contracted pursuant to this Participation Agreement or any contract document(s), in no event shall Acumera have any liability to Participating Location or any third-party for Participating Location's VoIP system performance, including, but not limited to phone registration failures, call quality, dropped calls or the source regardless of whether the VoIP traffic is call quality, dropped calls or the source of this information.
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, if a Participating Location's internet connectivity is not a terrestrial (land-based) high-speed always-on cable, broadband, fiber, or dedicated circuit (i.e. T1 or similar), Acumera services may not perform optimally. In such cases, Acumera assumes no liability to the Participating Location for issues caused by any inadequate or faulty Internet circuit. This means that Dq Treat franchisees are responsible for ensuring they have a reliable, high-speed internet connection that meets the specified requirements.
This requirement has significant implications for prospective Dq Treat franchisees. It emphasizes the importance of selecting a location where high-speed internet connectivity is readily available and reliable. Franchisees need to factor in the cost of a suitable internet connection when evaluating the overall investment required to set up and operate a Dq Treat franchise. They should also investigate the available internet service providers in their area and assess the quality and reliability of their services.
The FDD also clarifies that Acumera does not provide or manage the Participating Location's internet circuit and is not responsible for its performance. This further underscores the franchisee's responsibility for ensuring adequate internet connectivity. The franchisee bears the risk of any issues arising from an inadequate or faulty internet circuit, including potential disruptions to business operations and financial losses. Dq Treat franchisees should consider these factors carefully when planning their technology infrastructure.
Cellular data services are also addressed in the FDD. If cellular data services are utilized by the Customer, either for backup or primary connectivity, by a third-party, not covered under in this Agreement, Acumera shall not be responsible for any charges, including overage charges, incurred by Participating Location associated with the use of those services, including but not limited to circumstances where the data flows through the Equipment and/or the Equipment is managed or co-managed by Acumera to accommodate failover/failback or restrict the flow of said data. Participating Locations are solely responsible for paying any and all overage fees and associated taxes and fees that result from over usage associated with any of their devices, activated or not at the time of invoicing, regardless of the circumstances that caused the over usage to occur.