Regarding Olo's services for Hardees, what standards must Olo maintain during the term of the agreement?
Hardees Franchise · 2025 FDDAnswer from 2025 FDD Document
- that (i) it will provide the Services in a manner consistent with general industry standards reasonably applicable to the provision thereof, and (ii) its Security Policy will be no less stringent throughout the Term, and for two (2) years following the termination of this Agreement, than is as described at www.olo.com/security-policy; (iii) the Licensed Applications will be free from viruses or other disabling features and perform in all material respects to the applicable documentation for each Licensed Application.
Source: Item 23 — Receipts (FDD pages 85–541)
What This Means (2025 FDD)
According to Hardees's 2025 Franchise Disclosure Document, Olo must adhere to specific standards during the term of the agreement to provide digital ordering services. Olo is obligated to provide services consistent with general industry standards reasonably applicable to the provision thereof. Additionally, Olo's Security Policy must remain no less stringent throughout the Term of the agreement and for two years following its termination than is described at www.olo.com/security-policy. The licensed applications provided by Olo must be free from viruses or other disabling features and perform in all material respects to the applicable documentation for each Licensed Application.
These standards ensure that Hardees franchisees receive a reliable and secure digital ordering platform. By adhering to industry standards, Olo is expected to provide a level of service that meets the expectations of both Hardees and its customers. The security policy requirement is particularly important, as it protects sensitive customer data and maintains the integrity of the ordering system. The assurance that the licensed applications are free from viruses and perform according to documentation further safeguards the franchisee's operations.
Furthermore, Olo has a service level agreement (SLA) with Hardees, ensuring that digital ordering will be operational and available to the Hardees operator at least 99% of the time in any calendar month. If Olo does not meet the SLA, and if the Hardees operator meets its obligations under the agreement, the operator will be eligible to receive service credits. Downtime is defined as the period of time during which digital ordering fails to be operational and available across any platform to end users to place a digital order. Permitted downtime includes software upgrades and scheduled maintenance, conducted on a regular basis between 3:00 a.m. and 6:00 a.m. Eastern Time, of which Olo will give the Hardees operator a minimum of twenty-four hours advanced notice. Olo is permitted to take up to five minutes of downtime on any day during the calendar year between 4:00 a.m. and 6:00 a.m. Eastern Time without prior notice.
These requirements and guarantees help to minimize disruptions and ensure a consistent customer experience for Hardees customers using digital ordering. The service credits provide a form of compensation to the Hardees operator if Olo fails to meet its obligations, offering some financial protection against potential losses due to downtime. The specific terms of the SLA, including the calculation of downtime and the value of service credits, would be detailed in the agreement between Hardees and Olo.