What procedures related to the Computer System must a Devon Creek franchisee follow?
Devon_Creek Franchise · 2024 FDDAnswer from 2024 FDD Document
Franchisor, be considered an 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. Franchisor may require Franchisee, at Franchisee's sole expense, to enter into software license agreements in the form that 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.
Source: Item 22 — CONTRACTS (FDD page 45)
What This Means (2024 FDD)
According to Devon Creek's 2024 Franchise Disclosure Document, franchisees must install and maintain a Computer System and other computer hardware and software that Devon Creek requires for operating the franchise. These procedures are detailed in the Manual or in writing. Devon Creek may also require franchisees to install and maintain systems for web-based payment processing and bookkeeping, allowing Devon Creek to access information, including Gross Revenue, independently and electronically. Franchisees must also execute documents that Devon Creek deems necessary to permit this access.
All customer data collected or provided by the franchisee, retrieved from the Computer System, or otherwise collected by Devon Creek is owned exclusively by Devon Creek and considered confidential. Devon Creek licenses the use of this data to the franchisee solely for operating the franchise, and this license terminates upon expiration or termination of the Franchise Agreement. Devon Creek may also require franchisees to enter into software license agreements for software developed or acquired for use within the Devon Creek system.
Franchisees must maintain adequate hardware and software to access the Internet at the speed required by Devon Creek and use the electronic mail account provided by Devon Creek. They must also promptly read and respond to all electronic mail related to the franchised business daily and acknowledge receipt of all electronic mail sent by Devon Creek. Franchisees are also responsible for maintaining the security and integrity of their computer and payment processing systems, including implementing necessary security procedures to protect against viruses, malware, privacy breaches, or other unauthorized access. Franchisees must also make any and all upgrades to equipment, including the Computer System, as Devon Creek requires in its sole and absolute discretion.
These requirements ensure that Devon Creek franchisees maintain consistent technological standards and protect customer data. For a prospective franchisee, this means incurring costs for hardware, software, and security measures, as well as adhering to Devon Creek's standards for data management and communication. The franchisee should budget for these ongoing technology expenses and understand the importance of data security and compliance with Devon Creek's system requirements.