If a Beggars Pizza franchisee purchases third-party software from SpeedLine, is SpeedLine responsible for damages if they have reasonably assisted with support services?
Beggars_Pizza Franchise · 2025 FDDAnswer from 2025 FDD Document
SpeedLine is not responsible for problems or incompatibilities:
- (a) caused by changes in computer hardware or computer operating systems made or implemented after the release or implementation of the Software.
- (b) caused by Software updates not being compatible with the Customer's existing computer hardware or computer operating system or supporting facilities at the Customer's location.
- (c) caused by the Customer using the Software with computer hardware or computer operating systems not supplied by SpeedLine and implemented by SpeedLine or an integrator who has completed SpeedLine's integrator training to SpeedLine's satisfaction.
- (d) arising where the Software is not implemented by SpeedLine or an integrator who has completed SpeedLine's integrator training to SpeedLine's satisfaction.
- (e) arising where the Customer fails to meet and maintain SpeedLine's implementation criteria for the equipment and Software.
- (f) arising in respect of implementation of the equipment and Software by SpeedLine or training by SpeedLine so long as such implementation and training has been carried out in a proper and workmanlike manner.
- (g) or any damages or losses arising in any way from or in connection with any third party software purchased from SpeedLine so long as SpeedLine has made every reasonable attempt to facilitate and assist in providing the Customer with the third party's support services to which SpeedLine has access.
- (h) or any damages or losses arising in any way from or in connection with any inaccurate or incomplete information supplied by the Customer, and any and all costs and expenses associated with any changes required due to the same are for the Customer's account only.
- (i) or any damages or losses arising in any way from or in connection with the menu design, menu set-up, menu pricing, tax calculations, or any software configuration settings.
Source: Item 23 — RECEIPT (FDD pages 39–192)
What This Means (2025 FDD)
According to the 2025 Beggars Pizza Franchise Disclosure Document, SpeedLine is not responsible for damages or losses connected to third-party software purchased from them, provided they have made reasonable attempts to help the customer obtain support services from the third party. This means that if a Beggars Pizza franchisee buys software from another company through SpeedLine, SpeedLine's responsibility is limited to assisting the franchisee in getting support from that third-party vendor.
This lack of liability extends to various potential issues. SpeedLine is not liable for problems caused by changes to computer hardware or operating systems after the software is implemented, or if software updates are incompatible with the franchisee's existing systems. They are also not responsible if the franchisee uses hardware or operating systems not supplied and implemented by SpeedLine or a trained integrator. Additionally, SpeedLine is not liable for issues arising from implementations not done by SpeedLine or a trained integrator, or if the franchisee fails to meet SpeedLine's implementation criteria.
However, SpeedLine is responsible for implementation and training done in a proper and workmanlike manner. This means that if SpeedLine performs the initial setup and training correctly, they are not liable for subsequent issues. This also means that the franchisee is responsible for any costs associated with changes required due to inaccurate or incomplete information they provide. This includes any damages or losses related to menu design, setup, pricing, tax calculations, or software configuration settings.
In essence, Beggars Pizza franchisees bear the risk of third-party software performance, compatibility, and support, as long as SpeedLine facilitates access to the third-party's support services. Franchisees should carefully evaluate the third-party software and ensure it meets their needs and is compatible with their existing systems before purchasing it through SpeedLine.