What is the Ella Cafe Franchisee required to do regarding software upgrades?
Ella_Cafe Franchise · 2024 FDDAnswer from 2024 FDD Document
btaining the computer hardware and software comprising the Computer System (or additions or modifications) and required service or support. Franchisor has no obligation to reimburse Franchisee for any Computer System costs. As otherwise permitted in this Agreement, Franchisor may access the Computer System and retrieve all pertinent information relating to the operation of the Coffee House in areas that we have the ability to control and/or remedy.
- 10.1.4 Notwithstanding the fact that Franchisee must purchase, use, and maintain the Computer System consistent with our standards and specifications, Franchisee will have sole and complete responsibility for: (1) the acquisition, operation, maintenance, updates and upgrading of the Computer System, including compliance with the standards that we periodically require; (2) the manner in which your Computer System interfaces with our computer system and those of other third parties; (3) the installation, maintenance and support of the Computer System, although Franchisor may from time to time require or recommend third parties to provide these functions; and (4) any and all consequences that may arise if the Computer System is not properly operated, maintained and upgraded, including but not limited to virus and spyware issues.
- 10.1.5 All of Franchisee's Computer Systems must be compliant with all applicable laws, regulations, and commonly accepted industry standards, including without limitation those laws, regulations, and commonly accepted industry standards relating to privacy, data security, and the processing and protection of confidential personal information, including without limitation the
Payment Card Industry Data Security Standards and all other standards applicable to electronic payments that may be published from time to time by payment card companies.
- 10.2 Software. Franchisee must: (a) use any proprietary software programs, system documentation manuals, and other proprietary materials that Franchisor requires in connection with the operation of the Coffee House ; (b) input and maintain in the POS System such data and information as Franchisor prescribes in the Manual, software programs, documentation, or otherwise; and (c) purchase new or upgraded software programs, system documentation manuals, and other proprietary materials at then-current prices whenever Franchisor adopts such new or upgraded programs, manuals, and materials system-wide.
Source: Item 22 — CONTRACTS (FDD page 50)
What This Means (2024 FDD)
According to Ella Cafe's 2024 Franchise Disclosure Document, franchisees are responsible for the acquisition, operation, maintenance, updates, and upgrading of the computer system, including compliance with the standards that Ella Cafe periodically requires. This includes ensuring the computer system interfaces properly with Ella Cafe's system and those of third parties.
The franchisee is also responsible for the installation, maintenance, and support of the computer system, although Ella Cafe may recommend third parties to provide these functions. The franchisee bears the consequences if the computer system is not properly operated, maintained, and upgraded, including issues like viruses and spyware. The computer systems must comply with all applicable laws, regulations, and industry standards related to privacy, data security, and the protection of confidential personal information.
Ella Cafe reserves the right to undertake technology initiatives to enhance the franchise system, including enhanced internet capability, proprietary digital applications, and enhanced support services. While Ella Cafe cannot estimate the future costs of the computer system or required service and support, the franchisee agrees to incur the costs of obtaining the computer hardware and software, including additions or modifications, and required service or support, without any obligation for reimbursement from Ella Cafe. Ella Cafe may access the computer system to retrieve information related to the operation of the coffee house.