What responsibility does a Better Blend franchisee have for acquiring, operating, maintaining, and upgrading their technology?
Better_Blend Franchise · 2024 FDDAnswer from 2024 FDD Document
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, franchisees are required to acquire and use all technology that Better Blend requires. Better Blend also has the right to prohibit franchisees from using any technology that is not approved or required. Franchisees must enter into any subscription and support agreements related to the technology that Better Blend may require. Franchisees must also upgrade, update, or replace any technology as Better Blend requires and protect the confidentiality and security of all technology, abiding by any system standards related to it. Better Blend is to be given unlimited access to the franchisee's technology used in the business.
Despite the franchisee's obligation to acquire and use technology according to system standards, the franchisee has sole and complete responsibility for acquiring, operating, maintaining, and upgrading their technology. This includes how the franchisee's technology interfaces with Better Blend's and any third party's computer system. The franchisee is responsible for any and all consequences if their technology is not properly operated, maintained, and upgraded.
Better Blend franchisees must comply at all times with the most current version of the Payment Card Industry Data Security Standards and with all laws governing the use, disclosure, and protection of Privacy Information. This means franchisees bear the risk of keeping their systems secure and up-to-date with evolving security standards, as well as the responsibility for any failures in their technology.