Can Devon Creek require a franchisee to install systems for web-based payment processing and bookkeeping?
Devon_Creek Franchise · 2024 FDDAnswer from 2024 FDD Document
ss office location.
9. MAINTENANCE AND IMPROVEMENT OF THE FRANCHISED BUSINESS AND SYSTEM
- 9.1 Maintenance of Franchised Business Assets. Franchisee shall maintain the Franchised Business office location, all required Franchised Business equipment, Franchisee's vehicle, the Computer System, and all hardware, software and related accessories to the standards of quality, repair and condition required by Franchisor, which standards are specified in the Manual and other written directives, standards and specifications. Franchisee, at Franchisee's expense, shall make such alterations, repairs, refurbishing and replacements as may be required to comply with Franchisor's standards, including, without limitation, periodic repairs or replacement of worn or impaired equipment, vehicles and computer hardware, software and accessories, as Franchisor may direct.
- 9.2 Equipment and Technology Updates. Franchisee shall make any and all upgrades to equipment, including but not limited to, the Computer System, telecommunications hardware and software, payment processing systems, and any technology used in conjunction therewith, as Franchisor requires in its sole and absolute discretion.
- 9.3 System Services. From time to time, Franchisor, in Franchisor's sole discretion, may modify or add to the residential and commercial lawn care or servicing options offered by Devon Creek. Upon written notice by Franchisor, Franchisee shall incorporate all modifications and additions to the services offered by Franchised Business, and Franchisee shall (i) purchase, or otherwise obtain access to, all necessary equipment, software, applications and/or supplies to perform such modified or additional services and (ii) attend any additional training, in accordance with Section 7.4 hereof, as Franchisor may direct.
9.4 Trade Dress Modifications.
Source: Item 22 — CONTRACTS (FDD page 45)
What This Means (2024 FDD)
According to Devon Creek's 2024 Franchise Disclosure Document, franchisees are required to maintain a computer system and make upgrades to equipment, including payment processing systems, as Devon Creek requires in its sole and absolute discretion. The franchisee is also responsible for maintaining the security and integrity of the computer and payment processing systems used in their franchised business.
This means that Devon Creek has the authority to mandate specific hardware, software, and security procedures for payment processing. The franchisee bears the costs of these technology requirements, including hardware, software, internet access, license fees, and user-based fees, whether paid to Devon Creek or a third-party vendor.
Furthermore, Devon Creek can modify or add to the services offered, requiring franchisees to obtain the necessary equipment, software, and training to perform these modified or additional services. This ensures that all Devon Creek franchises operate with consistent and up-to-date systems, but it also means franchisees must be prepared for ongoing technology expenses and upgrades as dictated by Devon Creek.