What is the dependency for Company to provide Support Services for the Auntie Annes POS system?
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.
Source: Item 22 — CONTRACTS (FDD page 106)
What This Means (2024 FDD)
According to Auntie Anne's 2024 Franchise Disclosure Document, the company's provision of support services for the POS system is contingent upon the system being in good operating condition and meeting the minimum specifications. These specifications include standard hardware and software requirements. The support services do not extend to hardware and software that fall outside of these minimum specifications.
Auntie Anne's will only provide support services for specific software versions identified in the minimum specifications and will not support software no longer supported by the licensor. Franchisees are responsible for implementing temporary procedures or workarounds to maintain continuous business operations while support services are being provided. Additionally, franchisees are responsible for backing up their files, data, and programs, as well as reconstructing any corrupted, lost, or altered data.
Auntie Anne's retains the right to make the final judgment on whether the POS system and the franchisee adequately meet the minimum specifications and other prerequisites for support services. This ensures that the support provided is effective and aligned with the standards required for the POS system's proper functioning. Franchisees are also obligated to pay the applicable service fees for the support services rendered by the company.