Who is responsible for consequences arising if the Aplus Computer System is not properly operated, maintained, and upgraded?
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.
Source: Item 23 — RECEIPT (FDD pages 68–302)
What This Means (2024 FDD)
According to Aplus's 2024 Franchise Disclosure Document, the franchisee bears the responsibility for any consequences resulting from the improper operation, maintenance, or upgrading of the Computer System. While Aplus may set standards and specifications for the Computer System, the franchisee is ultimately accountable for its acquisition, operation, maintenance, updates, and upgrades. This includes ensuring compliance with Aplus's standards and how the system interfaces with Aplus's and third-party systems.
This allocation of responsibility extends to the installation, maintenance, and support of the Computer System, even though Aplus may recommend third-party providers for these functions. The franchisee is also responsible for addressing issues like viruses and spyware that may arise from improper management of the Computer System.
Furthermore, the franchisee must ensure that all Computer Systems comply with applicable laws, regulations, and industry standards related to privacy, data security, and the processing and protection of confidential personal information, including the Payment Card Industry Data Security Standards. This places a significant burden on the franchisee to stay informed about and adhere to evolving technology and security requirements, highlighting the importance of investing in reliable IT support and training.