Who is responsible for the ongoing maintenance and repairs to the computer hardware and software for a Devon Creek franchise?
Devon_Creek Franchise · 2024 FDDAnswer from 2024 FDD Document
We have no obligation to maintain, repair, update or upgrade your computer hardware and software. At your cost, you must provide on-going maintenance and repairs to your computer hardware and software. You must upgrade your computer hardware and software as necessary to operate the most current version of our System requirements. We cannot estimate the cost of maintaining, updating, and upgrading your computer hardware and software because it will depend on the make and model of your computer, repair history, usage, local cost of computer maintenance services in your area and technological advances that we cannot predict.
We reserve the right to have remote and independent access to all information generated by and stored in your computer system, including your revenue information and customer data. There are no contractual limitations on our right to have full access to this information. At our option, we may retrieve, download, analyze and store such information and data at any time. Upon our request, you must sign any documents we require to allow us to independently and electronically access and retrieve the information stored in your computer system. We own all client data stored in your computer system.
Source: Item 11 — FRANCHISOR'S ASSISTANCE, ADVERTISING, COMPUTER SYSTEMS AND TRAINING (FDD pages 24–32)
What This Means (2024 FDD)
According to Devon Creek's 2024 Franchise Disclosure Document, the franchisee is responsible for the ongoing maintenance and repairs to their computer hardware and software. Devon Creek has no obligation to maintain, repair, update, or upgrade the franchisee's computer hardware and software. The franchisee must also upgrade their computer hardware and software as necessary to operate the most current version of Devon Creek's system requirements.
This means that a Devon Creek franchisee will need to budget for these costs, which can vary depending on the make and model of the computer, repair history, usage, local cost of computer maintenance services, and technological advances. The FDD states that Devon Creek cannot estimate these costs due to these variable factors.
Devon Creek also reserves the right to have remote and independent access to all information generated by and stored in the franchisee's computer system, including revenue information and customer data. The franchisee must sign documents allowing Devon Creek to access and retrieve this information electronically. Devon Creek owns all client data stored in the franchisee's computer system.