What responsibilities does the Aplus franchisee have regarding the acquisition, operation, and maintenance of the Computer System?
Aplus Franchise · 2024 FDDAnswer from 2024 FDD Document
(b) Notwithstanding the fact that franchisee must purchase, use, and maintain the Computer System consistent with our standards and specifications, franchisee will have sole and complete responsibility for: (1) the acquisition, operation, maintenance, updates and upgrading of the Computer System, including compliance with the standards that we periodically require; (2) the manner in which your Computer System interfaces with our computer system and those of other third parties; (3) the installation, maintenance and support of the Computer System, although Franchisor may from time to time require or recommend third parties to provide these functions; and (4) any and all consequences that may arise if the Computer System is not properly operated, maintained and upgraded, including but not limited to virus and spyware issues.
- (c) All of your Computer Systems must be compliant with all applicable laws, regulations, and commonly accepted industry standards, including without limitation those laws, regulations, and commonly accepted industry standards relating to privacy, data security, and the processing and protection of confidential personal information, including without limitation the Payment Card Industry Data Security Standards and all other standards applicable to electronic payments that may be published from time to time by payment card companies.
Source: Item 23 — RECEIPT (FDD pages 68–302)
What This Means (2024 FDD)
According to Aplus's 2024 Franchise Disclosure Document, the franchisee is primarily responsible for all aspects of the Computer System. While Aplus may introduce technology initiatives to enhance the franchise system, the franchisee bears the costs of obtaining the necessary computer hardware and software, including any additions or modifications, and the required service or support. Aplus has no obligation to reimburse the franchisee for these costs. Aplus retains the right to access the Computer System to retrieve information related to the Aplus store's operation.
The Aplus franchisee has sole responsibility for the acquisition, operation, maintenance, updates, and upgrading of the Computer System, ensuring compliance with Aplus's standards. This includes managing how the Computer System interfaces with Aplus's systems and those of third parties. The franchisee is also responsible for the installation, maintenance, and support of the Computer System, although Aplus may recommend third-party providers for these functions.
The franchisee is liable for any consequences resulting from the improper operation, maintenance, or upgrading of the Computer System, including issues related to viruses and spyware. Furthermore, all Computer Systems must comply with applicable laws, regulations, and industry standards, particularly those concerning privacy, data security, and the protection of confidential personal information, such as the Payment Card Industry Data Security Standards and other standards for electronic payments. This places a significant burden on the franchisee to stay updated with technological advancements and security protocols to protect both their business and customer data.