What hardware and software requirements must a Baya Bar franchisee maintain to access the internet?
Baya_Bar Franchise · 2024 FDDAnswer from 2024 FDD Document
at Franchisee's sole expense, to enter into software license agreements in the form that Franchisor requires for software Franchisor develops or acquires for use in the System.
- 12.3.5 Franchisee shall have and maintain adequate hardware and software in order to access the Internet at the speed required by Franchisor from time to time. Franchisee shall utilize the electronic mail account provided by Franchisor. Franchisee shall promptly read and respond to all electronic mail related to the Franchised Business no less often than on a daily basis and shall accept and acknowledge receipt of all electronic mail sent by Franchisor. Franchisee shall not establish any website or other listing on the Internet except as provided and specifically permitted herein.
- 12.3.6 Franchisor has established a website that provides information about the System and the products and services offered by the Baya Bar System (the "Website"). Franchisor has sole discretion and control over the Website. Franchisor shall include a listing on its Website with Franchisee's Franchised Business location. Franchisee has no ownership or other proprietary rights to Franchisor's website and Franchisee will lose all rights to such listing of Franchisee's location upon expiration or termination of this Agreement for any reason.
- 12.3.7 In addition to the requirements of Section 6.4, Franchisee shall pay all fees, whether to Franchisor or to third party vendor(s), and expenses for technology required by this Agreement for operation of the Franchised Business, including but not limited to, the costs of computer hardware and software and applications, installation costs and regularly recurring fees for software and digital menu displays, Internet access, license fees, help desk fees, and licensing or user-based fees.
- 12.4 Safety and Security of Premises. Franchisee is solely responsible for the safety and security of the Franchised Business location for Franchisee, Franchisee's personnel, customers, agents and the general public.
Source: Item 22 — CONTRACTS (FDD page 56)
What This Means (2024 FDD)
According to Baya Bar's 2024 Franchise Disclosure Document, franchisees must maintain adequate hardware and software to access the internet at the speed required by Baya Bar from time to time. Franchisees are also required to use the electronic mail account provided by Baya Bar and promptly read and respond to all electronic mail related to the franchised business no less often than on a daily basis, acknowledging receipt of all electronic mail sent by Baya Bar.
Baya Bar may also require franchisees to install and maintain systems and web-based payment processing accounts that permit Baya Bar to independently and electronically access and retrieve any information stored in the franchisee's POS system, other computer systems, and web-based payment processing accounts, including information concerning Gross Revenue. Franchisees must also execute documents necessary to permit Baya Bar to access and retrieve all information stored on these systems.
Furthermore, franchisees are responsible for paying all fees and expenses for technology required by the Franchise Agreement, including the costs of computer hardware and software and applications, installation costs and regularly recurring fees for software and digital menu displays, Internet access, license fees, help desk fees, and licensing or user-based fees. Franchisees may also be required to enter into software license agreements for software Baya Bar develops or acquires for use in the system.