Must the Better Blend Franchisee upgrade, update, or replace any Technology as BBF may require?
Better_Blend Franchise · 2024 FDDAnswer from 2024 FDD Document
employees. If a training program is held at a location which requires travel by the Principal Executive or any other employee, then Franchisee shall pay all travel, living and other expenses.
- 7.7 Technology. Without limiting the generality of Section 7.1 or Section 8.1, Franchisee shall acquire and use all Technology required by BBF. BBF has the right to prohibit Franchisee from using any Technology which is not approved or required by BBF. Franchisee shall enter into any subscription and support agreements related to the Technology that BBF may require. Franchisee shall upgrade, update, or replace any Technology from time to time as BBF may require. Franchisee shall protect the confidentiality and security of all Technology, and Franchisee shall abide by any System Standards related thereto. Franchisee shall give BBF unlimited access to Franchisee's Technology used in the Business, by any means designated by BBF. Despite Franchisee's obligation to acquire and use Technology according to System Standards, Franchisee has sole and complete responsibility for: (a) acquiring, operating, maintaining, and upgrading Franchisee's Technology; (b) the manner in which Franchisee's Technology interfaces with BBF's and any third party's computer system; (c) any and all consequences if Franchisee's Technology is not properly operated, maintained, and upgraded; (d) complying at all times with the most current version of the Payment Card Industry Data Security Standards, and (e) complying at all times with all laws governing the use, disclosure, and protection of Privacy Information.
- 7.8 Customer Complaints. Franchisee shall use its best efforts to promptly resolve any customer complaints. BBF may take any action it deems appropriate to resolve a customer complaint regarding the Business, and BBF may require Franchisee to reimburse BBF for any expenses.
Source: Item 22 — CONTRACTS (FDD page 43)
What This Means (2024 FDD)
According to Better Blend's 2024 Franchise Disclosure Document, franchisees are obligated to upgrade, update, or replace any technology as required by Better Blend. Better Blend also has the right to prohibit franchisees from using any technology that is not approved or required. Franchisees must also enter into any subscription and support agreements related to the technology that Better Blend may require.
Better Blend defines "Technology" as point-of-sale systems, back-office systems, information management systems, customer-facing software, other software, computers, computer peripheral equipment, cash registers, smartphones, tablets and similar equipment, communications systems (including email, audio, and video systems); backup and archiving systems; payment acceptance systems (including credit and debit card systems, check verification services, and other payment systems, as well as any compliance programs relating to those systems), and internet access, as well as upgrades, supplements, and modifications to any Technology.
Although franchisees must acquire and use technology according to Better Blend's system standards, the franchisee has sole responsibility for acquiring, operating, maintaining, and upgrading their technology. This includes ensuring that the technology interfaces properly with Better Blend's and any third party's computer system. The franchisee is also responsible for any consequences if the technology is not properly maintained and upgraded, complying with Payment Card Industry Data Security Standards, and adhering to all laws governing the use, disclosure, and protection of privacy information. Franchisees must also give Better Blend unlimited access to the franchisee's technology used in the business, by any means designated by Better Blend.