What specific computer hardware and software does Devon Creek require a franchisee to use?
Devon_Creek Franchise · 2024 FDDAnswer from 2024 FDD Document
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.
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 required by Devon Creek for operating the franchise. These procedures are detailed in the Manual or other written directives. Devon Creek may also require franchisees to install and maintain systems for web-based payment processing and bookkeeping, granting Devon Creek independent electronic access to information, including Gross Revenue. Franchisees may also be required to enter into software license agreements for software developed or acquired by Devon Creek for use within the System.
Franchisees are responsible for having and maintaining adequate hardware and software to access the Internet at the speed Devon Creek requires. They must use the electronic mail account provided by Devon Creek and promptly respond to all emails related to the business daily. Franchisees are also responsible for the security and integrity of their computer and payment processing systems, including implementing necessary security procedures and updates to protect against viruses, malware, and unauthorized access.
Devon Creek can mandate upgrades to equipment, including the Computer System, telecommunications hardware and software, and payment processing systems. Furthermore, Devon Creek retains ownership of all customer data collected, with franchisees licensed to use this data solely for operating the franchise. This license terminates upon expiration or termination of the Franchise Agreement. Franchisees are restricted from establishing any websites or internet listings unless specifically permitted by Devon Creek, and they must adhere to Devon Creek's standards for maintaining the Computer System and all related accessories.