Who has responsibility for acquiring, operating, maintaining, and upgrading the Better Blend Franchisee's Technology?
Better_Blend Franchise · 2024 FDDAnswer from 2024 FDD Document
- 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.
Source: Item 22 — CONTRACTS (FDD page 43)
What This Means (2024 FDD)
According to Better Blend's 2024 Franchise Disclosure Document, the franchisee is ultimately responsible for all aspects of their technology. While franchisees must acquire and use technology required by Better Blend and adhere to system standards, the franchisee has sole responsibility for acquiring, operating, maintaining, and upgrading their technology.
This includes ensuring that the franchisee's technology interfaces correctly with Better Blend's and any third party's computer systems. The franchisee bears the consequences if their technology is not properly managed and kept up to date.
Furthermore, the franchisee must comply with the Payment Card Industry Data Security Standards and all laws governing the use, disclosure, and protection of privacy information. Better Blend retains the right to access the franchisee's technology used in the business.