What are Baymont Inn Suites' responsibilities regarding the availability of the SaaS Solution?
Baymont_Inn_Suites Franchise · 2025 FDDAnswer from 2025 FDD Document
- 3.2 Our Responsibilities. We shall: (a) use commercially reasonable efforts to make the SaaS Solution available twenty-four (24) hours a day, seven (7) days a week, except for: (i) planned downtime, or (ii) any unavailability caused by circumstances beyond our reasonable control, including without limitation, acts of nature, acts of government, floods, fires, earthquakes, civil unrest, acts of terror, labor strikes, Internet service provider failures or delays, or denial of service attacks; and (b) provide the SaaS Solution only in accordance with applicable laws and government regulationsthat govern the implementation of the SaaS Solution.
Source: Item 22 — CONTRACTS (FDD pages 96–97)
What This Means (2025 FDD)
According to Baymont Inn Suites' 2025 Franchise Disclosure Document, Baymont Inn Suites has specific responsibilities regarding the availability and support of the SaaS (Software as a Service) Solution provided to franchisees. Baymont Inn Suites is expected to use commercially reasonable efforts to ensure the SaaS Solution is accessible 24 hours a day, seven days a week. However, this is subject to exceptions for planned downtime and any unavailability caused by circumstances beyond their control. These circumstances include acts of nature, governmental actions, floods, fires, earthquakes, civil unrest, terrorism, labor strikes, internet service provider failures, or denial of service attacks.
Baymont Inn Suites will provide the SaaS Solution in accordance with applicable laws and government regulations. They also offer implementation services to assist with the installation of the SaaS Solution, including setting up Elavon tokenization terminals, installing the solution on workstations, and providing training modules. Additionally, Baymont Inn Suites offers first and second-level support for the SaaS Solution. First-level support includes the SynXis Property Management System and any additional interfaces included in the SaaS Solution. Second-level support involves submitting cases to the third-party provider if first-level support cannot resolve the issues.
Baymont Inn Suites also provides first-level support for RevIQ Products and Services, maintaining a tracking system for incidents and a staff proficient in the current functionality. They partner with third-party providers when necessary to resolve incidents. Franchisees, however, have obligations as well, including ensuring their hardware and communication services meet the technical specifications and performing user-required maintenance on hardware components. Franchisees are also responsible for the accuracy and legality of guest information and preventing unauthorized access to the SaaS Solution.
Baymont Inn Suites warrants that the SaaS Solution will perform its functions in a good workmanlike manner for 60 days after the acceptance date, provided the franchisee follows instructions, makes corrections, pays fees, and is not in default. Their obligation under this warranty is to remedy any nonperformance within a reasonable time after it is reported. However, these warranties are void if the SaaS Solution is subjected to abuse, misuse, improper installation, or maintenance by unauthorized personnel, or if it is altered without Baymont Inn Suites' consent.