How are SpeedLine's Professional Services billed to a Beggars Pizza franchisee, unless otherwise agreed in writing?
Beggars_Pizza Franchise · 2025 FDDAnswer from 2025 FDD Document
Customer may retain SpeedLine to perform professional services ("Professional Services") as the parties may agree upon in writing in the form of a statement of work or other writing ("Statement of Work") signed by both parties. SpeedLine will use reasonable efforts to carry out the Professional Services stated in the Statement of Work. Unless otherwise agreed in writing, Professional Services and the results thereof are made available "AS IS." Unless otherwise agreed in writing, Professional Services are provided by SpeedLine on a time and materials basis at SpeedLine's then applicable rates and subject to such deposit or advance payment as SpeedLine may require. Invoices for Professional Services are due upon receipt of SpeedLine's invoice or as indicated on the invoice. Maintenance and support of code or functionality created by means of Professional Services will likewise be on a Statement of Work basis unless otherwise agreed in writing. The code and functionality made or provided under any such Statement of Work and all interests therein, including copyrights, shall be SpeedLine's property. Access to the results of Professional Services will be available as part of the Service during the Term unless otherwise agreed in writing.
Source: Item 23 — RECEIPT (FDD pages 39–192)
What This Means (2025 FDD)
According to Beggars Pizza's 2025 Franchise Disclosure Document, SpeedLine's Professional Services are billed on a time and materials basis at SpeedLine's then-applicable rates, unless otherwise agreed upon in writing. This means that a Beggars Pizza franchisee will be charged for the actual time spent by SpeedLine's professionals and the cost of the materials used to perform the services. SpeedLine may also require a deposit or advance payment for these services.
Invoices for Professional Services are due upon receipt of SpeedLine's invoice or as indicated on the invoice. This implies that franchisees need to be prepared to pay promptly upon receiving an invoice from SpeedLine. The cost for maintenance and support of any code or functionality created by SpeedLine as part of these professional services will also be determined on a Statement of Work basis, unless there is a written agreement specifying otherwise.
It's important to note that any code or functionality developed by SpeedLine during these professional services, including all copyrights, remains SpeedLine's property. However, access to the results of these services will be available to the franchisee as part of the overall service agreement during its term, unless a different arrangement is made in writing. This arrangement is fairly standard in the franchise industry, where franchisors often retain ownership of proprietary systems while granting franchisees the right to use them.