What is the franchisee required to use when operating a Devon Creek franchise?
Devon_Creek Franchise · 2024 FDDAnswer from 2024 FDD Document
hat Franchisor requires for software Franchisor develops or acquires for use in the System.
- 12.3.5. Franchisee shall have and maintain adequate hardware and software in order to access the Internet at the speed required by Franchisor from time to time. Franchisee shall use the electronic mail account provided by Franchisor. Franchisee shall promptly read and respond to all electronic mail related to the Franchised Business no less often than on a daily basis and shall accept and acknowledge receipt of all electronic mail sent by Franchisor. Franchisee shall not establish any website or other listing on the Internet except as provided and specifically permitted herein.
- 12.3.6. Franchisor has established a website that provides information about the System and the services and products offered by the Devon Creek System (the "Website"). Franchisor has sole discretion and control over the Website. Franchisor shall include a listing on its Website of Franchisee's contact information and permit Franchisee to upload previous completed work. Franchisee has no ownership or other proprietary rights to Franchisor's Website and Franchisee will lose all rights to such listing of Franchisee's contact information upon expiration or termination of this Agreement for any reason.
- 12.3.7. In addition to Franchisee's obligations pursuant to Section 6.6 hereof, Franchisee shall pay all other fees, whether to Franchisor or to third party vendor (s), and expenses for technology required by this Agreement, including but not limited to, the costs of computer hardware and software, regularly recurring fees for software and Internet access, license fees, licensing or user-based fees.
- 12.3.8 Franchisee is solely responsible for maintaining the security and integrity of the computer and payment processing systems used in the Franchised Business and the customer and other data stored therein. Franchisee, at Franchisee's sole cost and expense, shall implement all computer hardware, software and Internet security procedures, including required updates or upgrades thereto, that are reasonably necessary to protect Franchisee's computer and payment processing systems and the data stored therein from viruses, malware, privacy breaches or other unauthorized access.
- 12.4 Safety and Security. Franchisee is solely responsible for the safe and secure operation of the Franchised Business and the services provided thereby for Franchisee, Franchisee's personnel, customers, agents and the general public. All matters of safety and security are within Franchisee's discretion and control, and Franchisee's indemnification obligations set forth in Section 15.6 hereof shall apply to any claims made against Franchisor regarding safety or security.
Source: Item 22 — CONTRACTS (FDD page 45)
What This Means (2024 FDD)
According to the 2024 Devon Creek FDD, franchisees are required to use specific hardware, software, and marketing materials to maintain brand consistency and operational standards. Devon Creek mandates that franchisees maintain adequate hardware and software to access the internet at speeds required by the franchisor. Franchisees must use the electronic mail account provided by Devon Creek and promptly respond to all emails related to the business daily.
Devon Creek strictly controls the brand's online presence, prohibiting franchisees from establishing any unauthorized websites or internet listings. All advertising must be done under the marks "Devon Creek" and design, and any item containing these marks must be pre-approved by Devon Creek. Franchisees are also required to identify themselves as independent Devon Creek franchisees on all business-related documents and displays.
To ensure system standards, Devon Creek requires franchisees to maintain their business location, equipment, vehicles, and computer systems to the quality specified in the Manual. Franchisees are responsible for implementing and maintaining security measures for their computer and payment processing systems. Devon Creek also has the right to require franchisees to upgrade their equipment and technology, including computer systems and telecommunications hardware.