Who is responsible if the 7 Brew Computer System is not properly operated, maintained, and upgraded?
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 bears the sole responsibility for the proper functioning of the Computer System. Despite 7 Brew's specifications for the Computer System, the franchisee is responsible for acquiring, operating, maintaining, and upgrading it. This includes ensuring that the system interfaces correctly with 7 Brew's and any third-party systems.
The franchisee assumes all consequences resulting from the Computer System's failure to operate, maintain, or upgrade properly. Additionally, the franchisee must independently determine and comply with the Payment Card Industry Data Security Standards and all applicable laws, including privacy laws, related to consumer data and the Computer System. They are also responsible for validating compliance with these standards and laws as required.
This allocation of responsibility means that 7 Brew franchisees must be proactive in managing their Computer Systems to avoid operational issues and legal non-compliance. While 7 Brew may set the standards and specifications for the system, the onus is on the franchisee to ensure these standards are met and maintained. This includes covering all associated costs, which are separate from any technology fees paid to 7 Brew.