What actions are Atwell Suites hotels specifically prohibited from undertaking with the Next-Gen Payments Solution?
Atwell_Suites Franchise · 2025 FDDAnswer from 2025 FDD Document
Except as expressly permitted by this Agreement, Hotel shall not, and shall not permit any third party to: (a) transmit the Next-Gen Payments Solution to any third party or third party network, or permit any third party to access or use the Next-Gen Payments Solution; (b) use the Next-Gen Payments Solution, or any data derived from the Next-Gen Payments Solution, in a service bureau, time-sharing, multiple CPU, or multiple user arrangement; (c) copy, reproduce, store, sell, assign, pledge, sublicense, convey, transfer, redistribute, transmit, grant other rights in, or permit any unauthorized use of the Next-Gen Payments Solution; (d) prepare derivative works or incorporate the Next-Gen Payments Solution, in whole or part, into any other system or work; (e) reverse engineer, disassemble, decompile, decode, adapt or otherwise attempt to derive or gain access to the source code of the Next-Gen Payments Solution, in whole or in part; (f) bypass or breach any security device or protection used by the Next-Gen Payments Solution or access or use the Next-Gen Payments Solution other than by an authorized user through the use of his or her own then valid access credentials; (g) input, upload, transmit, or otherwise provide to or through the Next-Gen Payments Solution, any information or materials that are unlawful or injurious, or contain, transmit, or activate any harmful code; (h) remove, delete, alter, or obscure any warranties or disclaimers, or any Intellectual Property Rights notices from the Next-Gen Payments Solution, including any copy thereof; (i) access or use the Next-Gen Payments Solution in any manner or for any purpose that infringes, misappropriates, or otherwise violates any Intellectual Property Rights or other rights of any third party, or that violates any applicable Law; or (j) otherwise access or use the Next-Gen Payments Solution beyond the scope of the authorization granted under this Agreement, including the Third Party Terms.
Source: Item 23 — Receipts (FDD pages 99–486)
What This Means (2025 FDD)
According to the 2025 FDD, Atwell Suites hotels face several restrictions on how they can use the Next-Gen Payments Solution. These restrictions are designed to protect IHG's intellectual property and ensure the security and integrity of the payment system.
Specifically, Atwell Suites hotels are prohibited from transmitting the Next-Gen Payments Solution to any third party or allowing any third party to access or use it. They cannot use the solution in a service bureau, time-sharing, or multiple-user arrangement. Additionally, Atwell Suites cannot copy, reproduce, sell, sublicense, transfer, or redistribute the payment solution, nor can they create derivative works from it or incorporate it into other systems.
Furthermore, Atwell Suites hotels are barred from reverse engineering, disassembling, or attempting to access the source code of the Next-Gen Payments Solution. They must not bypass any security measures or use the solution in a way that infringes on intellectual property rights or violates any laws. The hotels are also prohibited from inputting or transmitting any unlawful or harmful materials through the payment solution, and they cannot remove or alter any notices or disclaimers from it. These restrictions ensure that Atwell Suites franchisees use the Next-Gen Payments Solution as intended and do not compromise its security or functionality.