What customer service standards must an Aplus franchisee adhere to?
Aplus Franchise · 2024 FDDAnswer from 2024 FDD Document
13.14.2.Franchisor shall have the right to enter the Franchised Business office during regular business hours for purposes of conducting quality assurance audits, including instituting a mystery shopper program, to assess customer satisfaction. During these inspections, Franchisor may obtain for testing purposes and without charge, reasonable information regarding services performed, including customer contact information. Such quality assurance audits and mystery shops may be conducted by Franchisor personnel, and Franchisor reserves the right to charge $300 per quality assurance inspection if performed by the Franchisor, or actual costs of a mystery shop plus Franchisor's reasonable administrative expenses, up to $300, associated with the same. At Franchisor's request, you shall engage one or more third party service providers, which may be designated by Franchisor, to provide periodic quality assurance audits and/or mystery shops at your sole cost and expense.
13.24. Customer Complaints
Franchisee agrees to promptly address all complaints in accordance with the procedures contained in the Manual or as otherwise provided by the Franchisor. If Franchisee is unable or unwilling to resolve a customer complaint within forty-eight (48) hours, and it becomes necessary for us to reimburse a customer in settlement of his or her complaint related to your APLUS Store, you agree to promptly reimburse us for amounts expended on account of any such complaint. Your obligations and liabilities under this Section shall survive any termination or expiration of this Agreement.
13.20. Legal Compliance
In addition to complying with its obligations under this Agreement, you shall comply with all applicable federal, state, and local laws, rules, regulations, ordinances, and orders. Such laws, rules, regulations, ordinances, and orders vary from jurisdiction to jurisdiction and may be amended or implemented or interpreted in a different manner from time to time. It is your sole responsibility to apprise itself of the existence and requirements of all such laws, rules, regulations, ordinances, and orders and to adhere to them at all times during the term of this Agreement. Failure to comply with applicable federal, state, and local laws, rules, regulations, ordinances, and orders is a material breach of this Agreement and Franchisor reserves the right to terminate this Agreement immediately for cause and without an opportunity to cure.
13.22 Non-disparagement
Subject to applicable law, Franchisee and each Owner agree that neither will make any oral or written statement to the public or any third party that is false, negative, critical, or disparaging, implied or expressed, or otherwise degrades the reputation of, or concerning Franchisor or any of Franchisor's respective affiliates, subsidiaries, parents, and its respective owners, managers, board members, principals, officers, members, agents, or employees. This Section 13.22 shall not be construed to prohibit any person from responding when required by law, subpoena, court order, or the like.
13.23 Data Security and Privacy.
Franchisee must comply with all applicable federal, state and local laws, rules, and regulations regarding data security, protection, and privacy, including, without limitation and if applicable, the California Consumer Privacy Act ("CCPA"), Cal. Civ. Code § 1798.100, et seq. Franchisee must comply with any privacy policies, data protection polices, and breach response policies that Franchisor periodically may establish. Franchisee must notify Franchisor immediately regarding any actual or suspected data
Source: Item 23 — RECEIPT (FDD pages 68–302)
What This Means (2024 FDD)
According to Aplus's 2024 Franchise Disclosure Document, franchisees must adhere to specific customer service standards. Aplus retains the right to conduct quality assurance audits, including using a mystery shopper program, to assess customer satisfaction. These audits can occur during regular business hours, and Aplus may collect information regarding services performed, including customer contact information, for testing purposes without charge. Aplus can perform these audits themselves, charging $300 per inspection, or use a mystery shop, charging the actual costs plus administrative expenses up to $300. Aplus may also require franchisees to engage third-party service providers for periodic quality assurance audits and mystery shops at the franchisee's expense.
Furthermore, Aplus franchisees are obligated to promptly address all customer complaints according to the procedures outlined in the Manual or as otherwise instructed by Aplus. If a franchisee cannot resolve a complaint within 48 hours and Aplus reimburses the customer, the franchisee must promptly reimburse Aplus for the amount spent. This obligation survives any termination or expiration of the franchise agreement.
In addition to these specific standards, Aplus franchisees must comply with all applicable federal, state, and local laws, rules, and regulations, including those related to data security and privacy. Franchisees must also adhere to any privacy policies, data protection policies, and breach response policies established by Aplus. They are required to notify Aplus immediately of any actual or suspected data breaches. Franchisees must also avoid making any public statements that are false, negative, critical, or disparaging about Aplus or its affiliates. These measures ensure a consistent brand image and protect customer data and privacy.