What activities are included in the 'Services' provided to Atwell Suites franchisees for processing card transactions?
Atwell_Suites Franchise · 2025 FDDAnswer from 2025 FDD Document
- 2.1 The Services. The term "Services" means the activities we undertake to authorize, process, and settle Card transactions undertaken by Cardholders at your Locations, and all other equipment, products, and services we provide under the Agreement. Subject to Card Organization Rules, Services may be performed by Servicers, only Processor, our Affiliates, our agents, or our service providers. You may use the Services only for your own proper business purposes and only in accordance with the Agreement. You may not use the Services for personal, household, or non-commercial purposes.
- 2.2 Exclusivity. During the term of the Agreement, you will use us as your exclusive provider of all Services within the United States of America except with respect to POS terminal transactions initiated at parking, spa, gift shop, restaurant, bars, and lounge locations.
- 2.3 Service Records. We will retain legible copies of all transaction records in accordance with Applicable Law and Card Organization Rules. You must provide all Sales Drafts, Credit Drafts, and other transaction records requested by us within the time limits established by Card Organization Rules. We will provide all transaction records requested by you, to the extent such requests are reasonable, within the time limits established by Card Organization Rules.
- 2.4 Restrictions on Your Use of the Services. You shall not, and you shall not permit any Third Party to, do or attempt to do any of the following:
- (a) Sell, distribute, lease, license, sublicense, assign, or otherwise transfer or disseminate any part of the Services, Software, or Intellectual Property, or otherwise permit any Third Party to access or use the Services, Software, or Intellectual Property.
- (b) Copy, modify, enhance, translate, supplement, derive source code or create derivative works from, reverse engineer, decompile, disassemble, or otherwise reduce to human-readable form or attempt to reconstruct the Services, Software, or Intellectual Property (or any portion thereof or underlying ideas thereof).
- (c) Use altered versions of the Services, Software, Intellectual Property, or any portion thereof; or use, operate, or combine any Services, Software, or Intellectual Property with other products, materials, or services in a manner
Source: Item 23 — Receipts (FDD pages 99–486)
What This Means (2025 FDD)
According to the 2025 Atwell Suites Franchise Disclosure Document, the term "Services" encompasses the activities undertaken to authorize, process, and settle card transactions made by cardholders at the franchisee's location. It also includes all other equipment, products, and services provided under the agreement. These services are subject to Card Organization Rules and may be performed by Servicers, the Processor, their Affiliates, agents, or service providers.
For Atwell Suites franchisees, this means they are obligated to use the designated provider for processing card transactions, except for POS terminal transactions initiated at parking, spa, gift shop, restaurant, bars, and lounge locations. Franchisees are restricted from selling, distributing, or transferring any part of the Services, Software, or Intellectual Property to third parties, or from attempting to reverse engineer or create derivative works from the Services or Software.
Atwell Suites is responsible for retaining legible copies of all transaction records in accordance with applicable laws and Card Organization Rules. Franchisees must provide all requested Sales Drafts, Credit Drafts, and other transaction records within the time limits established by Card Organization Rules. Transaction records requested by the franchisee will be provided to the extent such requests are reasonable and within the established time limits.