Under what circumstances is Even Hotels required to implement a non-hosted update to the FreedomPay Solution according to a date required in such Law or requirement?
Even_Hotels Franchise · 2025 FDDAnswer from 2025 FDD Document
FreedomPay may implement a hosted update on the FreedomPay Solution at such time as it determines, and Hotel shall have the flexibility to commence implementing non-hosted updates according to the schedule of IHG, which implementation shall be commenced no later than twelve (12) months after notice from FreedomPay and completed no later than twenty-four (24) months after such notice, unless such non-hosted update is required by Law, network requirements or PCI requirements, or other applicable authority, in such case Hotel shall implement such non-hosted update in accordance with the date required in such Law or requirement.
If Hotel fails to implement any nonhosted update when required as set forth herein, FreedomPay reserves the right to terminate operational support for the prior release (even if Hotel continues to rely on the prior release) and will not be deemed in breach for doing so.
Source: Item 23 — RECEIPTS (FDD pages 99–438)
What This Means (2025 FDD)
According to Even Hotels' 2025 Franchise Disclosure Document, franchisees are generally given flexibility in implementing non-hosted updates to the FreedomPay system, following IHG's schedule. This schedule allows franchisees to commence implementation no later than twelve months after notice from FreedomPay, with completion no later than twenty-four months after such notice. This provides a window of time for franchisees to plan and execute the necessary updates.
However, there is a critical exception to this flexible schedule. If a non-hosted update is mandated by law, network requirements, PCI (Payment Card Industry) requirements, or any other applicable authority, the Even Hotels franchisee must implement the update in accordance with the specific date stipulated in that law or requirement. This means that the franchisee's implementation timeline is dictated by external regulations rather than the standard IHG schedule.
Failure to comply with these update requirements can have serious consequences. FreedomPay reserves the right to terminate operational support for the prior software release if a franchisee fails to implement a required non-hosted update within the specified timeframe. This termination of support can occur even if the franchisee continues to use the older, unsupported release, potentially disrupting payment processing and creating security vulnerabilities for the Even Hotels location.