For Carls, what is considered 'Permitted Downtime' and what advance notice is given for software upgrades and scheduled maintenance?
Carls Franchise · 2024 FDDAnswer from 2024 FDD Document
- ii. "Permitted Downtime" means the period of time during which Digital Ordering fails to be operational and available due to software upgrades and scheduled maintenance, conducted on a regular basis between 3:00 a.m. and 6:00 a.m. Eastern Time, of which Olo will give Customer and Authorized Operator a minimum of twenty-four (24) hours advanced notice. Notwithstanding the foregoing, Olo shall be permitted to take up to five (5) minutes of downtime on any day during the calendar year between 4:00 a.m. and 6:00 a.m. Eastern Time without prior notice to Customer.
Source: Item 23 — RECEIPTS (FDD pages 80–480)
What This Means (2024 FDD)
According to Carls's 2024 Franchise Disclosure Document, 'Permitted Downtime' refers to periods when the digital ordering system is not operational due to software upgrades and scheduled maintenance. This maintenance typically occurs regularly between 3:00 a.m. and 6:00 a.m. Eastern Time.
For these scheduled downtimes, Carls's third-party vendor, Olo, will provide a minimum of twenty-four (24) hours advance notice to both the customer and the authorized operator. However, Olo is permitted to have up to five (5) minutes of downtime on any day of the year between 4:00 a.m. and 6:00 a.m. Eastern Time without any prior notification.
This arrangement allows Carls to maintain and improve its digital ordering system while minimizing disruption to franchisees. Franchisees should be aware of the potential for brief, unannounced downtimes and the scheduled maintenance windows, which could affect digital ordering availability during those times. Understanding these terms is crucial for managing customer expectations and operational planning.