Who is responsible for the cost of installing the Required Software for a Cool Binz franchise?
Cool_Binz Franchise · 2025 FDDAnswer from 2025 FDD Document
During the term of the franchise agreement, we shall have the right, but not the obligation, to develop or designate: (i) computer software programs you must use in connection with any component of the Computer System, including the COOL BINZ Software, designated business management software and designated accounting software (the "Required Software"), which you shall install at your own expense; (ii) updates, supplements, modifications, or enhancements to the Required Software, which you shall install at your own expense; (iii) the tangible media upon which you record data; and (iv) the database file structure of the Computer System. You will be responsible for the payment of all fees associated with the Required Software (including the COOL BINZ Software), Computer System and POS System. Neither us nor our affiliates, or third parties have any obligation to provide ongoing maintenance, repairs, upgrades, or updates to your Computer System or Required Software.
At our request, you shall purchase or lease, and thereafter maintain, the Computer System, COOL BINZ Software, and the Required Software. We may require you to update or upgrade your Computer System at any time during the term of the franchise agreement. There is no limit on our frequency to do so, or the cost of your obligation to maintain, upgrade and update the Computer Systems in conformance with our requirements. We may also require you to use certain internet and cloud-based services or subscriptions as may become relevant as the System and technology changes, at your sole expense.
Source: Item 11 — FRANCHISOR'S ASSISTANCE, ADVERTISING, COMPUTER SYSTEMS AND TRAINING (FDD pages 36–45)
What This Means (2025 FDD)
According to Cool Binz's 2025 Franchise Disclosure Document, the franchisee is responsible for the cost of installing the Required Software. The Required Software includes the COOL BINZ Software, designated business management software, and designated accounting software. The franchisee is also responsible for installing any updates, supplements, modifications, or enhancements to the Required Software.
In addition to the installation costs, the franchisee is responsible for the payment of all fees associated with the Required Software, Computer System, and POS System. Cool Binz may require franchisees to update or upgrade their Computer System at any time during the term of the franchise agreement, and there is no limit on the frequency or cost of these obligations. Cool Binz may also require franchisees to use certain internet and cloud-based services or subscriptions as technology changes, at the franchisee's sole expense.
Cool Binz does not anticipate the cost of upgrades to exceed $5,000 annually; however, this cost is dictated by the cost of each required upgrade, without limitation. The franchisee must also maintain the computer hardware necessary to implement the COOL BINZ Software and any Required Software, complying with all specifications and standards prescribed by Cool Binz. As technology advances, franchisees may be required to upgrade their hardware to meet changing software requirements as Cool Binz deems necessary, at the franchisee's expense.