What specific computer hardware, software, and Internet security procedures must a Devon Creek franchisee implement?
Devon_Creek Franchise · 2024 FDDAnswer from 2024 FDD Document
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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.
9.4.1 Franchisee is aware that to maintain and improve the image and reputation of the System, Franchisor, in its sole and absolute discretion, may change and modify identifying elements of the System, including but not limited to, the adoption and use of new or modified color schemes, tag lines, logos or marks (collectively, "Trade Dress Modifications").
- 9.4.2 Franchisee shall, at Franchisee's sole expense, modify identifying elements of the Franchised Business, as required by Franchisor to conform to Trade Dress Modifications. Franchisee, upon notice by Franchisor and in accordance with Section 14.6 hereof, shall immediately discontinue the use of any Mark that is no longer desirable or available to Franchisor and substitute a different Mark or Marks as Franchisor directs.
- 9.4.3 Franchisee will accept, use and display any such Trade Dress Modifications as if they were a part of this Franchise Agreement at the time of execution hereof.
- 9.5 No Liability/Waiver of Claims. Franchisor shall not be liable to Franchisee for any expenses, losses or damages sustained by Franchisee as a result of any of the additions or modifications, including Trade Dress Modifications, required by this Article 9. Franchisee hereby covenants not to commence or join in any litigation or other proceeding against Franchisor or any third party, complaining of any such or seeking expenses, losses or damages caused thereby.
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, along with other computer hardware and software, as specified by Devon Creek in its manual or in writing. Devon Creek may also require franchisees to install and maintain systems and web-based payment processing and bookkeeping accounts that allow Devon Creek to access information, including gross revenue, electronically and independently. Franchisees must also execute documents that Devon Creek deems necessary to permit this access.
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 Devon Creek requires. Franchisees are required to use the electronic mail account provided by Devon Creek.
Franchisees are responsible for maintaining the security and integrity of their computer and payment processing systems, including customer data. They must implement all reasonably necessary computer hardware, software, and internet security procedures, including updates and upgrades, to protect their systems and data from viruses, malware, privacy breaches, and unauthorized access. Devon Creek can also require franchisees to make upgrades to equipment, including the computer system, telecommunications hardware and software, and payment processing systems.