Is Moes Southwest Grill currently charging a Back Office and Polling Software Fee?

Question

Accepted Answer

provide credit card data and security services that are consistent with PCI-DSS requirements, including a managed firewall, quarterly network scans, endpoint detection and response solutions, and managed Wi Fi. We may also require you to obtain data breach protection insurance provided by |
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| Type of Fee1                             | Amount                                                                                                                                                                                         | Date Due            | Remarks                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              |
|------------------------------------------|------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|---------------------|------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
|  |  |  | such Approved Supplier. We require that |
|  |  |  | you submit annually proof of your PCI-DSS |
|  |  |  | compliance status. We may also charge an |
|  |  |  | administrative fee to review your systems |
|  |  |  | and |
|  |  |  | verify |
|  |  |  | your |
|  |  |  | compliance |
|  |  |  | with |
|  |  |  | these |
|  |  |  | requirements. These fees are subject to |
|  |  |  | change, but any fees that we or our affiliates |
|  |  |  | charge will not exceed 110% of our or our |
|  |  |  | affiliates' actual costs and expenses. |
| Gift Card and Loyalty Program Fees | Amount of administrative fees                                                                                                                                                               | As incurred         | You must participate in the gift card, loyalty, and other electronic incentive programs (the "Gift Card and Loyalty Programs") that we establish, using vendors that we designate, which may include us or our affiliates. We or our affiliates may charge, or collect on behalf of our vendors, an administrative cost for participating in these programs. Currently, our gift card distributor retains 7.75% or 12% of the value of a gift card purchased from a retailer other than a Restaurant (with the percentage varying by retailer). If a gift card is redeemed in your Restaurant, we will reimburse the redeemed amount minus the 7.75% or 12% administrative fee retained by the vendor. In addition, currently, you must pay our designated gift card processor \$4.50 per Restaurant per month to cover unlimited transactions and settlement processing. These fees are subject to change, but any fees that we or our affiliates charge will not exceed 110% of our or their actual costs and expenses. |
| Loyalty App Fee                       | Currently, \$62 per month.                                                                                                                                                                  | As incurred         | You are required to participate in our loyalty program. This fee is payable to us or a vendor that we designate for use of our designated loyalty app. This fee is subject to change.                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    |
| Online Ordering Fee                   | The then-current fee. Currently, \$111 per month, plus a per transaction fee (currently, 0.04% per transaction) and additional charges based on services subscribed to | As incurred         | You must participate in our online ordering program. This fee is payable to us or a vendor that we designate. Additional fees may apply based on our vendor contracts. These fees are subject to change, but any fees that we or our affiliates charge will not exceed 110% of our or their actual costs and expenses.                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          |
| Ordering Support Fee                  | The then-current fee, which will vary based on the services provided.                                                                                                                    | Payment Due Date | We require you to pay to us, our affiliates, and/or one or more third parties that we designate, an ordering support fee, in an                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                |

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| Type of Fee1              | Amount                                                                                                                                                         | Date Due    | Remarks                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  |
|---------------------------|----------------------------------------------------------------------------------------------------------------------------------------------------------------|-------------|------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
|                           | Currently, 3% of the pre-tax transaction amount for each transaction that is processed through our online ordering system.                      |             | amount and at the times that we specify, for various ordering support services that we will provide or arrange for our affiliates or third parties to provide, such as services related to online and catering ordering platforms, call center(s), ordering and delivery management services, and catering rewards programs. We may include in the fee our and our affiliates' costs and administrative expenses related to procuring, providing, and/or developing the services, including without limitation the costs of integrating such services with the Computer System. We may modify this fee (including by changing it to a fixed fee per transaction) and the included products and services from time to time, but any fees that we or our affiliates charge will not exceed 110% of our or their actual costs and expenses. |
| Technology Fee         | Our then-current fee, which may be based on a percentage of Net Sales, fixed fees, and/or usage fees. Currently, we do not collect this fee. | As incurred | We may require you to pay us, or a third party we designate, a Technology Fee to defray our costs of developing, implementing, upgrading, operating, maintaining, supporting, or providing any technology-related products, services, programs, systems, or platforms that we, in our sole discretion, deem appropriate. This fee may replace or supplement other technology-related fees in this table. The fee may be modified from time to time, but it will not exceed 110% of our or our affiliates' actual costs and expenses related to such products or services.                                                                                                                                                                                                                                                                                  |
| Purchasing Program Fee | A reasonable membership fee assessed by the Purchasing Program.                                                                                       | As incurred | If we designate or establish any purchasing and/or distribution cooperatives/ associations/ programs ("Purchasing Programs"), you must become a member and pay any membership fees assessed.

Source: Item 6 — Other Fees (FDD pages 30–41)

Is Moes Southwest Grill currently charging a Back Office and Polling Software Fee?

Answer from 2025 FDD Document

What This Means (2025 FDD)

Type of Fee1	Amount	Date Due	Remarks
			such Approved Supplier. We require that
			you submit annually proof of your PCI-DSS
			compliance status. We may also charge an
			administrative fee to review your systems
			and
			verify
			your
			compliance
			with
			these
			requirements. These fees are subject to
			change, but any fees that we or our affiliates
			charge will not exceed 110% of our or our
			affiliates' actual costs and expenses.
Gift Card and Loyalty Program Fees	Amount of administrative fees	As incurred	You must participate in the gift card, loyalty, and other electronic incentive programs (the "Gift Card and Loyalty Programs") that we establish, using vendors that we designate, which may include us or our affiliates. We or our affiliates may charge, or collect on behalf of our vendors, an administrative cost for participating in these programs. Currently, our gift card distributor retains 7.75% or 12% of the value of a gift card purchased from a retailer other than a Restaurant (with the percentage varying by retailer). If a gift card is redeemed in your Restaurant, we will reimburse the redeemed amount minus the 7.75% or 12% administrative fee retained by the vendor. In addition, currently, you must pay our designated gift card processor $4.50 per Restaurant per month to cover unlimited transactions and settlement processing. These fees are subject to change, but any fees that we or our affiliates charge will not exceed 110% of our or their actual costs and expenses.
Loyalty App Fee	Currently, $62 per month.	As incurred	You are required to participate in our loyalty program. This fee is payable to us or a vendor that we designate for use of our designated loyalty app. This fee is subject to change.
Online Ordering Fee	The then-current fee. Currently, $111 per month, plus a per transaction fee (currently, 0.04% per transaction) and additional charges based on services subscribed to	As incurred	You must participate in our online ordering program. This fee is payable to us or a vendor that we designate. Additional fees may apply based on our vendor contracts. These fees are subject to change, but any fees that we or our affiliates charge will not exceed 110% of our or their actual costs and expenses.
Ordering Support Fee	The then-current fee, which will vary based on the services provided.	Payment Due Date	We require you to pay to us, our affiliates, and/or one or more third parties that we designate, an ordering support fee, in an

Type of Fee1	Amount	Date Due	Remarks
	Currently, 3% of the pre-tax transaction amount for each transaction that is processed through our online ordering system.		amount and at the times that we specify, for various ordering support services that we will provide or arrange for our affiliates or third parties to provide, such as services related to online and catering ordering platforms, call center(s), ordering and delivery management services, and catering rewards programs. We may include in the fee our and our affiliates' costs and administrative expenses related to procuring, providing, and/or developing the services, including without limitation the costs of integrating such services with the Computer System. We may modify this fee (including by changing it to a fixed fee per transaction) and the included products and services from time to time, but any fees that we or our affiliates charge will not exceed 110% of our or their actual costs and expenses.
Technology Fee	Our then-current fee, which may be based on a percentage of Net Sales, fixed fees, and/or usage fees. Currently, we do not collect this fee.	As incurred	We may require you to pay us, or a third party we designate, a Technology Fee to defray our costs of developing, implementing, upgrading, operating, maintaining, supporting, or providing any technology-related products, services, programs, systems, or platforms that we, in our sole discretion, deem appropriate. This fee may replace or supplement other technology-related fees in this table. The fee may be modified from time to time, but it will not exceed 110% of our or our affiliates' actual costs and expenses related to such products or services.
Purchasing Program Fee	A reasonable membership fee assessed by the Purchasing Program.	As incurred	If we designate or establish any purchasing and/or distribution cooperatives/ associations/ programs ("Purchasing Programs"), you must become a member and pay any membership fees assessed.