What is the Auntie Annes franchisee required to do when requesting and receiving Support Services?
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.
Service Fees.
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 the 2024 Auntie Annes Franchise Disclosure Document, franchisees have several responsibilities related to receiving support services for their point of sale (POS) system. First, the POS system must be in good operating condition and meet the minimum specifications set by Auntie Annes. This includes standard hardware and software requirements. The support services provided do not extend to hardware or software that falls outside these minimum specifications. Auntie Annes will only provide support for specific software versions that are still supported by the software licensor.
During the period when Auntie Annes is providing support services, franchisees are responsible for implementing temporary procedures or workarounds to ensure the continuous operation of their business. Additionally, franchisees are responsible for backing up their files, data, and programs, as well as reconstructing any corrupted, lost, or altered data. Auntie Annes retains the right to make the final judgment on whether the franchisee's POS system and overall setup adequately meet the minimum specifications and other prerequisites for support services.
In addition to these requirements, the Auntie Annes franchisee is obligated to pay the applicable service fees for the support provided. These fees include the Comprehensive Support Fee and/or the Billable Support Fee, depending on the type of support requested and received. These service fees are exclusive of any applicable sales, use, service, value-added, or similar taxes, which the franchisee is also responsible for paying. Therefore, franchisees need to maintain their POS system to Auntie Annes' standards, ensure data backups, and be prepared to pay for the support services they receive.