What is the condition for Company to provide Support Services to an Auntie Annes franchisee?
Auntie_Annes Franchise · 2024 FDDAnswer from 2024 FDD Document
As a prerequisite for Company to provide the Support Services, the POS System must be in good operating condition and meet the Minimum Specifications (including, without limitation, the standard hardware and software requirements set forth therein).
The Support Services do not include support for hardware and software that is not part of the Minimum Specifications.
Company will provide Support Services in connection with specific versions of the software identified in the Minimum Specifications, and will not provide Support Services in connection with software that is no longer supported by the software licensor.
Franchisee is responsible for implementing temporary procedures or workarounds as necessary to ensure continuous operation of the Franchised Business while Company is providing Support Services.
Franchisee is responsible for backing up its files, data and programs and for reconstructing corrupted, lost or altered Franchisee files, data and programs.
Company reserves the right, at any time and from time to time during the Term, to make the final judgment, in its sole discretion, as to whether the POS System and Franchisee adequately meet the Minimum Specifications and other prerequisites for Support Services required under this Agreement.
Franchisee shall pay Company the Comprehensive Support Fee and/or Billable Support Fee (collectively, the "Service Fees"), as applicable, for the Support Services provided by Company.
Service Fees are exclusive of, and Franchisee will pay, any applicable sales, use, service, value added or like taxes.
Source: Item 22 — CONTRACTS (FDD page 106)
What This Means (2024 FDD)
According to Auntie Annes's 2024 Franchise Disclosure Document, a key condition for the Company (Auntie Anne's LLC) to provide POS System Support Services is that the franchisee's POS system must be in good operating condition and meet the minimum specifications. These specifications include standard hardware and software requirements. The support services do not extend to hardware or software that falls outside these minimum specifications.
Furthermore, Auntie Annes will only provide support for specific software versions identified in the minimum specifications and will not support software no longer supported by the licensor. The franchisee is responsible for implementing temporary procedures or workarounds to maintain continuous business operations while Auntie Annes provides support. Additionally, franchisees are responsible for backing up their files, data, and programs and for reconstructing any corrupted, lost, or altered data.
Auntie Annes retains the right to make the final judgment on whether the franchisee's POS system adequately meets the minimum specifications and other prerequisites for support services. Franchisees are also obligated to pay the applicable service fees, which include Comprehensive Support Fees and Billable Support Fees, for the support services rendered. These fees do not include applicable sales, use, service, value-added, or similar taxes, which the franchisee is also responsible for paying.
In practical terms, this means that an Auntie Annes franchisee must ensure their POS system is up-to-date, well-maintained, and compliant with Auntie Annes's standards to receive support. Failure to meet these conditions could result in the franchisee being unable to access necessary support services, potentially disrupting their business operations. It is crucial for prospective franchisees to understand these requirements and budget for ongoing POS system maintenance and upgrades to ensure continuous support from Auntie Annes.