Who determines an Epcon Communities franchisee's compliance with Higharc's terms and conditions?
Epcon_Communities Franchise · 2025 FDDAnswer from 2025 FDD Document
Franchisee shall at all times comply with any and all terms and conditions of Higharc related to the use of the Higharc Services. Franchisee's compliance with such terms and conditions shall be determined by Franchisor and/or Higharc in their sole discretion. In addition, as one of the conditions of its right to use the Higharc Services, Franchisee agrees to accept and abide by any conditions of use published or provided by Franchisor from time to time in connection with the Higharc Services. Franchisee's compliance with such terms and conditions shall be determined by Franchisor in its sole discretion.
Franchisee acknowledges that Franchisor may, in its sole discretion, suspend, limit or revoke a Franchisee's right to use the Higharc Services if Franchisor determines that Franchisee, its agents, employees or owners, have failed to comply with the requirements and obligations pertaining to the Higharc Services. Notwithstanding any such suspension, limitation or revocation described above, the obligations of Franchisee to pay the Technology Royalty under this Addendum will continue without reduction until such time as all amounts owed by Franchisee to Franchisor under the terms of this Addendum are indefeasibly paid in full.
Source: Item 23 — RECEIPTS (FDD pages 86–280)
What This Means (2025 FDD)
According to Epcon Communities' 2025 Franchise Disclosure Document, a franchisee's compliance with the terms and conditions related to the use of Higharc Services is determined by Epcon Communities Franchising, LLC (referred to as "Franchisor") and/or Higharc in their sole discretion. Furthermore, Epcon Communities may publish or provide conditions of use related to Higharc Services, and the franchisee's compliance with these conditions will be determined by Epcon Communities in its sole discretion.
This means that as an Epcon Communities franchisee, your access to and use of Higharc Services, a cloud-based platform providing construction-related services, is contingent upon adhering to the terms set by both Epcon Communities and Higharc. Your adherence to these terms is subject to evaluation by both parties. Epcon Communities retains the right to issue additional conditions of use, and your compliance with those will also be assessed by Epcon Communities.
Epcon Communities also has the authority to suspend, limit, or revoke a franchisee's right to use Higharc Services if it determines that the franchisee, its agents, employees, or owners have failed to comply with the requirements and obligations pertaining to the Higharc Services. However, even if your access is suspended, limited, or revoked, your obligation to pay the Technology Royalty continues until all amounts owed under the addendum are paid in full. This highlights the importance of understanding and adhering to all terms and conditions related to Higharc Services to avoid potential disruptions and maintain good standing with Epcon Communities.