Who bears the responsibility for acquiring, operating, maintaining, and upgrading the 7 Brew Computer System?
7_Brew Franchise · 2025 FDDAnswer from 2025 FDD Document
- (4) Despite your obligation to buy, use, and maintain the Computer System according to our standards and specifications, you have sole and complete responsibility for: (1) acquiring, operating, maintaining, and upgrading the Computer System; (2) the manner in which your Computer System interfaces with our and any third party's computer system; (3) any and all consequences if the Computer System is not properly operated, maintained, and upgraded; and (4) independently determining what is required for you to comply (and then complying) at all times with the most current version of the Payment Card Industry Data Security Standards, and with all Laws (including privacy laws) governing the use, disclosure, and protection of Consumer Data (defined in Section 10) and the Computer System, and validating compliance with those standards and Laws as may be periodically required.
Source: Item 22 — CONTRACTS (FDD pages 82–83)
What This Means (2025 FDD)
According to 7 Brew's 2025 Franchise Disclosure Document, the franchisee is solely responsible for acquiring, operating, maintaining, and upgrading the Computer System. This includes the hardware, software, point-of-sale system, accessories, tablets, smartphones, and online ordering systems that 7 Brew specifies. The franchisee is also responsible for how their system interfaces with 7 Brew's or any third party's system. They must also address any consequences if the system isn't properly managed.
This means that while 7 Brew may set the standards and specifications for the Computer System, the franchisee bears the ultimate responsibility for ensuring it functions correctly and is up to date. This includes all costs associated with purchasing, leasing, licensing, and servicing the system, which are separate from any Tech Fees paid to 7 Brew. The franchisee must obtain designated computer components within 60 days of notice from 7 Brew and ensure the modified system functions properly.
Furthermore, the franchisee is responsible for complying with Payment Card Industry Data Security Standards and all laws related to data use, disclosure, and protection. This includes independently determining what is required for compliance and validating that compliance. 7 Brew may require franchisees to sign license agreements or waivers related to proprietary software, outlining the rights and responsibilities concerning the software or technology.
In summary, while 7 Brew provides the framework and may modify the Computer System's specifications, the franchisee is fully accountable for the practical implementation, maintenance, and legal compliance of the system. This allocation of responsibility is fairly typical in franchising, where the franchisor sets standards, but the franchisee manages the day-to-day operations and associated costs.