What computer hardware and software is Baya Bar required to use for the operation of the Franchised Business?
Baya_Bar Franchise · 2024 FDDAnswer from 2024 FDD Document
default hereunder. Two (2) such understatements during the term of this Agreement may, at the option of Franchisor, be considered an incurable default and thereby subject to termination as provided herein.
12.3 Computer Systems.
- 12.3.1 Franchisee, at Franchisee's sole expense, shall install and maintain the POS System and computer hardware and software Franchisor requires for the operation of the Franchised Business and shall follow the procedures related thereto that Franchisor specifies in the Manual or otherwise in writing.
- 12.3.2 Franchisor may require Franchisee, at Franchisee's sole expense, to install and maintain systems and web-based payment processing accounts that permit Franchisor to independently and electronically access and retrieve any information stored in Franchisee's POS System, other computer systems and web-based payment processing accounts, including, without limitation, information concerning Gross Revenue. Upon Franchisor's request, Franchisee shall execute such documents as Franchisor deems necessary to permit Franchisor to independently and electronically access and retrieve all information stored on Franchisee's POS System, other computer systems and web-based payment processing accounts.
- 12.3.3 Any and all customer data collected or provided by Franchisee, retrieved from Franchisee's POS System, or otherwise collected from Franchisee by Franchisor or provided to Franchisor, is and will be owned exclusively by Franchisor and will be considered to be Franchisor's proprietary and Confidential Information.
Source: Item 22 — CONTRACTS (FDD page 56)
What This Means (2024 FDD)
According to Baya Bar's 2024 Franchise Disclosure Document, franchisees are required to install and maintain specific computer systems for their Baya Bar location. Franchisees must acquire and maintain the Point of Sale (POS) system, along with any other computer hardware and software that Baya Bar specifies in its operations manual or in writing. All these systems must be maintained at the franchisee's sole expense.
Baya Bar may also require franchisees to install and maintain systems and web-based payment processing accounts. These systems must allow Baya Bar to independently and electronically access and retrieve any information stored within the franchisee's POS system, other computer systems, and web-based payment processing accounts, including gross revenue data. Franchisees must also execute any documents necessary to facilitate this access for Baya Bar.
Furthermore, franchisees must have and maintain adequate hardware and software to access the internet at the speed Baya Bar requires. They are also required to use the electronic mail account provided by Baya Bar and promptly respond to all emails related to the franchised business on a daily basis. Baya Bar may also require franchisees to enter into specific software license agreements for software developed or acquired for use within the Baya Bar system.