What constitutes a 'Disaster' that requires Byrider to implement its Disaster Recovery Plan?
Byrider Franchise · 2025 FDDAnswer from 2025 FDD Document
reproduce all such records and Customer Data, as well as source or object code of all software included in the Licensed System on a reasonable periodic basis. Licensee acknowledges that such backup information will not be entirely current. Licensor shall establish and maintain safeguards against the destruction, loss or damage to or alteration of Customer Data in its possession which surpass minimum regulatory requirements and are no less rigorous than those maintained by Licensor for its own data and software, and use reasonable care in accordance with standard commercial practices to minimize the likelihood of any damage to or loss of such Customer Data. Licensor further agrees to maintain a Disaster Recovery Plan. "Disaster" shall mean any unplanned interruption of operations that materially affect the ability of Licensor to provide Services beyond a reasonable period of interrupted service. Such Plan shall include means for providing alternate electrical power to Licensor technology systems and for restoration of backed-up data. At all times, Licensee shall provide and maintain a secure network connection to the Licensed System and the Hosting Facility. At all times, Licensee shall cause its personnel to access the Licensed System and the Hosting Facility in a reasonably secure work environment to prevent any unauthorized use or access to the Licensed System or the Hosting Facility.
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- Limited Warranty. Licensor warrants that the Licensor's Software will substantially conform to Licensor's current published documentation when delivered to Licensee. The Third Party Software is not warranted by Licensor.
Source: Item 23 — Receipts (FDD pages 88–335)
What This Means (2025 FDD)
According to the 2025 Byrider Franchise Disclosure Document, a 'Disaster' necessitating the implementation of Byrider's Disaster Recovery Plan is defined as any unplanned interruption of operations that materially affects Byrider's ability to provide services beyond a reasonable period of interrupted service. This definition is crucial for prospective franchisees as it sets the threshold for when Byrider's backup and recovery systems should be activated.
This plan includes provisions for alternate electrical power to Byrider's technology systems and the restoration of backed-up data. This ensures that franchisees can continue operations with minimal disruption in the event of a disaster. Franchisees must maintain a secure network connection to the Licensed System and Hosting Facility and ensure their personnel access these systems in a secure work environment to prevent unauthorized use.
Byrider also commits to taking commercially reasonable efforts to store additional copies of all records, customer data, and necessary resources in a secure, remote location. While this backup information may not be entirely current, Byrider aims to maintain safeguards against data destruction, loss, or alteration that meet or exceed minimum regulatory requirements. This commitment aligns with standard commercial practices to minimize potential damage or loss of customer data, providing an additional layer of security and reliability for franchisees.