Who bears the expense of installing and maintaining systems for web-based payment processing and bookkeeping for a Devon Creek franchise?
Devon_Creek Franchise · 2024 FDDAnswer from 2024 FDD Document
incurable default and thereby subject to termination as provided herein.
12.3 Computer Systems.
- 12.3.1. Franchisee, at Franchisee's sole expense, shall install and maintain the Computer System and other computer hardware and software Franchisor requires for the operation of the Franchised Business and shall follow the procedures related thereto that Franchisor specifies in the Manual or otherwise in writing.
- 12.3.2. Franchisor may require Franchisee, at Franchisee's sole expense, to install and maintain systems and web-based payment processing and bookkeeping accounts that permit Franchisor to independently and electronically access and retrieve any information stored in Franchisee's Computer System and accounts, including, without limitation, information concerning Gross Revenue. Upon Franchisor's request, Franchisee shall execute such documents as Franchisor deems necessary to permit Franchisor to independently and electronically access and retrieve all information stored on Franchisee's Computer System, other systems and webbased payment processing and bookkeeping accounts.
- 12.3.3 Any and all customer data collected or provided by Franchisee, retrieved from Franchisee's Computer System, or otherwise collected from Franchisee by Franchisor or provided to Franchisor, is and will be owned exclusively by Franchisor and will be considered to be Franchisor's proprietary and Confidential Information. Franchisor has the right to use such data in any manner without compensation to Franchisee. Franchisor licenses to Franchisee the use of such data solely for the purpose of operating the Franchised Business; provided that, this license shall automatically and irrevocably terminate, without any additional action or notice required by Franchisor, upon the expiration or earlier termination of this Agreement.
- 12.3.4.
Source: Item 22 — CONTRACTS (FDD page 45)
What This Means (2024 FDD)
According to Devon Creek's 2024 Franchise Disclosure Document, the franchisee is responsible for the expenses related to installing and maintaining systems for web-based payment processing and bookkeeping. Specifically, the franchisee must install and maintain the computer system and other computer hardware and software required for the operation of the franchised business at their sole expense.
Devon Creek may also require the franchisee to install and maintain systems and web-based payment processing and bookkeeping accounts that permit Devon Creek to independently and electronically access and retrieve any information stored in the franchisee's computer system and accounts. This includes information concerning Gross Revenue. The franchisee bears the sole expense for these installations and maintenance.
Furthermore, Devon Creek may require the franchisee to enter into software license agreements for software that Devon Creek develops or acquires for use in the system, also at the franchisee's sole expense. The franchisee is also responsible for maintaining the security and integrity of the computer and payment processing systems used in the franchised business, including implementing necessary security procedures and updates to protect the systems and data from threats.