What is the condition regarding the POS system for Carvel to provide support services?
Carvel Franchise · 2025 FDDAnswer from 2025 FDD Document
As a prerequisite for Company to provide the Support Services, the POS System must be in good operating condition and meet the Minimum Specifications (including, without limitation, the standard hardware and software requirements set forth therein).
The Support Services do not include support for hardware and software that is not part of the Minimum Specifications.
Company will provide Support Services in connection with specific versions of the software identified in the Minimum Specifications, and will not provide Support Services in connection with software that is no longer supported by the software licensor.
Franchisee is responsible for implementing temporary procedures or workarounds as necessary to ensure continuous operation of the Franchised Business while Company is providing Support Services.
Franchisee is responsible for backing up its files, data and programs and for reconstructing corrupted, lost or altered Franchisee files, data and programs.
Company reserves the right, at any time and from time to time during the Term, to make the final judgment, in its sole discretion, as to whether the POS System and Franchisee adequately meet the Minimum Specifications and other prerequisites for Support Services required under this Agreement.
Source: Item 23 — Receipts (FDD pages 100–353)
What This Means (2025 FDD)
According to Carvel's 2025 Franchise Disclosure Document, a key prerequisite for Carvel to provide support services for the POS system is that the system must be in good operating condition and meet the minimum specifications. These specifications include standard hardware and software requirements. Carvel's support does not extend to hardware or software that falls outside these minimum specifications. Carvel will only provide support for specific software versions identified in the minimum specifications and will not support outdated software no longer supported by the licensor.
Carvel franchisees are responsible for implementing temporary procedures or workarounds to maintain continuous operation while support services are being provided. Additionally, franchisees are responsible for backing up their files, data, and programs, as well as reconstructing any corrupted, lost, or altered data. Carvel retains the right to make the final judgment on whether the POS system and the franchisee adequately meet the minimum specifications and other prerequisites for support services.
This means that a Carvel franchisee must ensure their POS system is up-to-date, well-maintained, and compliant with Carvel's standards to receive comprehensive support. Failure to maintain the system according to these standards could result in denial of support services. The franchisee bears the responsibility for data backup and business continuity during any support interventions. This requirement ensures that Carvel's support team can efficiently address issues without being hindered by outdated or non-standard equipment and software.