What is Buildingstars' policy regarding customer billings and collections, and what happens if a franchisee violates this policy?
Buildingstars Franchise · 2025 FDDAnswer from 2025 FDD Document
K. Customer Accounts and Billing and Collection Services. BUILDINGSTARS has subcontracted with its Affiliate, Buildingstars Operations, Inc., to provide services relating to Customer Accounts which include billing and collection as set forth herein to FRANCHISEE on behalf of BUILDINGSTARS. BUILDINGSTARS reserves the right to modify, extend or discontinue said subcontract relationship at any time.
IV. OTHER FEES
- B. Non-Performance Fee. In order to encourage full attention to Customer needs, a Non-Performance Fee will be charged if BUILDINGSTARS' standards have not been followed resulting in a Customer's complaint in which BUILDINGSTARS intervenes to resolve. If BUILDINGSTARS receives a bona fide complaint from a Customer, BUILDINGSTARS will first offer FRANCHISEE an opportunity to remedy the Customer's complaint. If FRANCHISEE remedies the complaint within a twenty-four (24) hour period after BUILDINGSTARS is notified of the Customer's complaint, BUILDINGSTARS will not charge FRANCHISEE a Non-Performance Fee. However, if after the twenty-four (24) hour period the Customer's complaint is not adequately remedied, BUILDINGSTARS has the right, but not the obligation to remedy the complaint and charge FRANCHISEE a Non-Performance Fee of $25 per hour per person needed to resolve the complaint, plus any other actual out of pocket expenses incurred. BUILDINGSTARS will withhold the Non-Performance Fee from the amount of billings BUILDINGSTARS collects for the FRANCHISEE.
- I. Right to Audit. BUILDINGSTARS may, from time to time, cause one or more complete audits to be made of the affairs and records relating to the operations of the Business. Upon request by BUILDINGSTARS, FRANCHISEE shall make such books, records and information available to BUILDINGSTARS or its designated representative at all reasonable times for review and audit by BUILDINGSTARS at FRANCHISEE'S place of business. If it is found that FRANCHISEE underreported Gross Sales, FRANCHISEE will reimburse BUILDINGSTARS for the amount of the Royalty Fees, Account Sales Fees, Administration Fees, Insurance Program Fees and Management Fees charges that would have been billed had billings been reported accurately, plus interest on those amounts at the rate of the lesser of one and one-half percent (1-1/2%) per month or the maximum legal rate in the jurisdiction where the Business is located. In addition, in the event that an audit by BUILDINGSTARS results in a determination that any or all of the Royalty Fees, Account Sales Fees, Administration Fees, Insurance Program Fees and Management Fees paid to BUILDINGSTARS are deficient (underpaid) by more than two percent (2%), the FRANCHISEE shall promptly pay to BUILDINGSTARS any amounts shown to be due and all costs and expenses incurred by BUILDINGSTARS in conducting the subsequent audit to determine that the FRANCHISEE is reporting correctly (not the audit which disclosed the original deficiency), including salaries of the BUILDINGSTARS' representatives, travel costs, room and board and audit fees.
- H. Discontinue Right to Customer Account. BUILDINGSTARS retains the right to discontinue allowing FRANCHISEE to service a Customer Account at any time if BUILDINGSTARS, in its sole discretion, determines that FRANCHISEE is not adequately servicing the customer account. Factors which BUILDINGSTARS considers include, but are not limited to the following: Customer complaints, unresponsiveness to Customer or BUILDINGSTARS, allegations by Customer of theft or breakage, lateness or failure to complete the job in a professional manner. In such event, BUILDINGSTARS does not have any obligation to replace said Customer Account with another.
Source: Item 22 — CONTRACTS (FDD page 43)
What This Means (2025 FDD)
According to Buildingstars' 2025 Franchise Disclosure Document, Buildingstars has subcontracted with Buildingstars Operations, Inc., an affiliate, to handle customer account services, including billing and collections for franchisees. Buildingstars retains the right to change or end this subcontract at any time.
If a Buildingstars franchisee fails to meet Buildingstars' standards, resulting in a customer complaint that requires Buildingstars' intervention, Buildingstars will first allow the franchisee to fix the issue within 24 hours. If the franchisee does not adequately remedy the complaint within this period, Buildingstars can resolve the complaint themselves and charge the franchisee a Non-Performance Fee of $25 per hour per person needed, plus any out-of-pocket expenses. Buildingstars will deduct this Non-Performance Fee from the franchisee's billings that Buildingstars collects.
Buildingstars also conducts audits of franchisee operations. If an audit reveals that a franchisee underreported gross sales, the franchisee must reimburse Buildingstars for the underpaid Royalty Fees, Account Sales Fees, Administration Fees, and Insurance Program Fees, along with interest of 1.5% per month (or the maximum legal rate). If the underpayment of these fees exceeds 2%, the franchisee must also cover all costs and expenses Buildingstars incurred during the audit to verify accurate reporting, including salaries, travel, and accommodation for Buildingstars' representatives, as well as audit fees. Buildingstars may also discontinue allowing a franchisee to service a customer account if they determine the franchisee is not adequately servicing the customer account based on factors such as customer complaints, unresponsiveness, allegations of theft or breakage, or failure to complete jobs professionally.