Does Buona have full access to a franchisee's point-of-sale system to retrieve sales and financial data?
Buona Franchise · 2025 FDDAnswer from 2025 FDD Document
- 10.10 Computer/Point-of-Sale System Requirements. (a) Franchisee shall be required to purchase and use a point-of sale system, computer system and/or web-based platforms, including a customer order processing and inventory control system and/or cash register and credit/debit card system as specified by Franchisor in the Manuals or otherwise in writing, and pay all associated fees.
Franchisee is responsible for becoming proficient in the use of any required point-of-sale, computer systems and/or web-based platforms and software.
Franchisee hereby grants to Franchisor without any further consent required, full access to, for any purpose or use related to the operation, management and/or monitoring of the System, any information or reports generated or stored by the required point-of-sale system, computer systems and/or web-based platform.
Franchisor shall have the right to require Franchisee to replace any of the components of your point-of-sale and/or computer systems if Franchisee deems the component to be (a) undersized or otherwise insufficient of the efficient operation and management of the Franchised Business, or (b) incompatible with Franchisor's computer system or the computer system that Franchisor designates for the franchise network use.
Throughout the term of this Agreement, Franchisee shall be responsible for maintaining and upgrading as necessary all point-of-sale and/or computer hardware and software required to be used in the operation of the Franchised Business and shall be solely responsible for any and all consequences of not doing so.
- (b) If Franchisor develops and custom designs a software program and hardware system for conducting accounting, inventory, point-of-sale or marketing functions and/or other activities related to the Franchised Business (hereinafter "Software Program"), Franchisee agrees to implement the Software Program into the Franchised Business, and to comply with all specifications and standards prescribed by Franchisor regarding the Software Program as provided from time to time in the Manuals.
At such time as Franchisor requires the implementation of such Software Program, Franchisee shall only utilize the Software Program as prescribed by Franchisor.
Source: Item 22 — CONTRACTS (FDD page 78)
What This Means (2025 FDD)
According to Buona's 2025 Franchise Disclosure Document, franchisees are required to purchase and use a point-of-sale (POS) system, computer system, and web-based platforms as specified by Buona. This includes systems for customer order processing, inventory control, cash registers, and credit/debit card processing. Franchisees are responsible for becoming proficient in using these systems.
Buona is granted full access to any information or reports generated or stored by the franchisee's required POS system, computer systems, or web-based platform. This access is for any purpose related to the operation, management, and monitoring of the Buona system. This means Buona can retrieve sales data, financial records, and other information directly from the franchisee's systems without requiring further consent.
Buona also has the right to require franchisees to replace components of their POS or computer systems if they are deemed insufficient for efficient operation or incompatible with Buona's systems. Franchisees are responsible for maintaining and upgrading their POS and computer hardware and software throughout the term of the agreement and are liable for any consequences of failing to do so. Buona can also audit a franchisee's books, records, and tax returns, including electronically, and charge the franchisee for audit costs if underreporting exceeds 2% of gross sales or if the audit was necessary due to the franchisee's failure to provide required reports.