What responsibility does an Atwell Suites franchisee have to ensure compatibility with the Software provided?
Atwell_Suites Franchise · 2025 FDDAnswer from 2025 FDD Document
prietary rights notices from any Curated Solution, including any copy thereof;
- 4.2.9 access or use the Curated Solutions in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any third party, or that violates any applicable law; or
- 4.2.10 otherwise access or use the Curated Solutions beyond the scope of the authorization granted under this Master Technology Schedule, the Supplemental Terms, and the Participation Agreements or Order Forms (as applicable).
Each of the terms and conditions of this Section will apply to the Curated Solutions jointly as well as to each Curated Solution individually.
- 4.3 Minimum Configuration. IHG will provide a list of Hardware, Software, and network connectivity and configurations required for Licensee's use of the Curated Solutions (the "Minimum Configuration"). IHG may update the Minimum Configuration upon notice to Licensee via IHG's online portal, currently branded as "IHG Marketplace" (as such form or portal may be changed by IHG) from time to time as required by evolving technology and security needs. Licensee is solely responsible for ensuring its Hardware, Software, and network environment meet the requirements of the Minimum Configuration at Licensee's cost.
- 4.4 Noncompliance with Minimum Configuration. Licensee will be solely responsible for any installation and support of any Hardware and/or Software not listed as approved on the Minimum Configuration. All such Hardware and/or Software cannot be installed on the IHG's network and must be installed only on the Hotel's operations network. If IHG determines that such Hardware and/or Software is adversely affecting the performance of the IHG's infrastructure, IHG in its discretion may require such Hardware and/or Software to be removed or disconnected. IHG will have no liability related to lost or damaged data of any kind arising from Licensee's installation and use of such Hardware and/or Software or with respect to any removal or disconnection required by IHG.
5. Fees, Invoicing, and Payments.
- 5.1 For Core Services.
Source: Item 23 — Receipts (FDD pages 99–486)
What This Means (2025 FDD)
According to Atwell Suites's 2025 Franchise Disclosure Document, franchisees have specific responsibilities regarding software and hardware compatibility. Atwell Suites will provide a Minimum Configuration list detailing the required hardware, software, and network connectivity for using their Curated Solutions. This Minimum Configuration may be updated periodically via IHG's online portal due to evolving technology and security needs.
It is the franchisee's sole responsibility to ensure that their hardware, software, and network environment meet the Minimum Configuration requirements, and this is at the franchisee's own cost. If a franchisee installs hardware or software that isn't approved and it negatively impacts IHG's infrastructure, Atwell Suites has the right to demand its removal or disconnection.
Atwell Suites assumes no liability for any data loss or damage resulting from the franchisee's installation and use of non-approved hardware or software, or from any required removal or disconnection. Furthermore, franchisees must ensure they have the appropriate hardware and software to use the software provided, as software is only compatible with certain computer operating systems. Franchisees must also install and integrate any software or service updates within 30 days of receipt, and failure to do so may impair the software or services. Atwell Suites is not liable for issues arising from the failure to properly install the most current version of software or any update and has no obligation to provide support for outdated versions.