Who is responsible for the acquisition, operation, maintenance, updates, and upgrading of the Computer System for an Aplus franchise?
Aplus Franchise · 2024 FDDAnswer from 2024 FDD Document
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 the Computer System. While Aplus may implement technology initiatives to enhance the franchise system, the franchisee bears the responsibility for the Computer System's acquisition, operation, maintenance, updates, and upgrades. This includes ensuring the system complies with Aplus's standards and specifications.
The franchisee is also responsible for how their Computer System interfaces with Aplus's systems and those of third parties. They must handle the installation, maintenance, and support of the Computer System, although Aplus may recommend third-party providers for these services. The franchisee is liable for any consequences resulting from improper operation, maintenance, or upgrading of the Computer System, including issues like viruses and spyware.
Furthermore, the franchisee must ensure that all Computer Systems comply with applicable laws, regulations, and industry standards related to privacy, data security, and the protection of confidential personal information, including the Payment Card Industry Data Security Standards. This places a significant burden on the franchisee to stay updated with technological advancements and security protocols, and to invest in appropriate IT support and infrastructure.