For Even Hotels, what responsibilities does the hotel have regarding the PMS Solution?
Even_Hotels Franchise · 2025 FDDAnswer from 2025 FDD Document
Hotel will ensure all Designated Users comply with industry best practices to implement secure passwords, regularly change such passwords, and protect the security and privacy of their user logins and the PMS Data.
Hotel shall be solely responsible for any and all Claims and Losses (as each such term is defined below) relating to an unauthorized third party access to the PMS Solution and/or PMS Data that results or arises out of breach of the foregoing.
Hotel will comply with any additional security requirements that HotelKey or IHG provides to Hotel in writing, which may be updated from time to time.
Hotel will, and will cause the Hotel Agents to (a) test the PMS Solution in the environment of Hotel before Use; (b) ensure that the personnel of Hotel complete training on the PMS Solution, are familiar with its online help and self-service features, and use the PMS Solution correctly; (c) enter information into the PMS Solution accurately and completely; (d) report any actual or suspected software errors or failures discovered in the course of using the PMS Solution to HotelKey and IHG, (e) comply with Laws applicable to Hotel and the PMS Solution (including Privacy Laws and any U.S. governmental, regulatory, or agency Laws involving "deemed exports", "re-exports", and "imports" of "technical data" or "technology"), and (f) comply with the policies, requirements, and procedures of HotelKey
and IHG that are made available to Hotel from time to time.
Hotel shall inform each Designated User of this Agreement's terms and restrictions and shall enforce such restrictions.
Hotel agrees to notify HotelKey and IHG if Hotel becomes aware of any failure of a Designated User to adhere to the license terms and restrictions in this Agreement.
If the device malfunctions, Hotel will engage HotelKey's support services for resolution.
Source: Item 23 — RECEIPTS (FDD pages 99–438)
What This Means (2025 FDD)
According to Even Hotels' 2025 Franchise Disclosure Document, the hotel has several responsibilities regarding the PMS (Property Management System) Solution. The hotel must ensure all designated users comply with industry best practices for secure passwords, regularly changing them, and protecting the security and privacy of their user logins and PMS data. The hotel is solely responsible for claims and losses relating to unauthorized third-party access to the PMS Solution or PMS Data resulting from a breach of these security measures. Additionally, the hotel must comply with any additional security requirements provided in writing by HotelKey or IHG, which may be updated periodically.
The Even Hotels franchisee is responsible for testing the PMS Solution in their hotel environment before use and ensuring that their personnel complete the necessary training, are familiar with the online help and self-service features, and use the PMS Solution correctly. Accurate and complete data entry into the PMS Solution is also a requirement. The hotel must report any actual or suspected software errors or failures discovered while using the PMS Solution to both HotelKey and IHG. Compliance with all applicable laws, including privacy laws and U.S. governmental regulations regarding exports and imports of technical data or technology, is mandatory. The hotel must also adhere to the policies, requirements, and procedures of HotelKey and IHG as communicated to them.
The hotel is obligated to inform each designated user of the terms and restrictions of the PMS Solution agreement and enforce these restrictions. Furthermore, the hotel must notify HotelKey and IHG if they become aware of any failure by a designated user to comply with the license terms and restrictions outlined in the agreement. If the hardware device provided by HotelKey malfunctions, the hotel is responsible for engaging HotelKey's support services to resolve the issue. These responsibilities ensure the proper and secure use of the PMS Solution, data protection, and adherence to the franchisor's and provider's policies.