Is a Nothing Bundt Cakes franchisee solely responsible for the acquisition, operation, maintenance, and upgrading of the computer hardware and Software?
Nothing_Bundt_Cakes Franchise · 2025 FDDAnswer from 2025 FDD Document
ments for any required computer hardware and/or Software, including for the POS system and credit card processor, as well as maintenance and support contracts, data warehousing and other related applications and activities. We reserve the right to require you to install a "systems backup solution" which backs up critical data in your computer system using an off-premises storage scheme. Notwithstanding the fact that you must buy, use and maintain the computer hardware and Software in accordance with our standards and specifications, you are solely responsible for: (i) the acquisition, operation, maintenance and upgrading of the computer hardware and Software; and (ii) any and all consequences that may arise if the computer hardware and Software is not properly operated, maintained and upgraded. It is your responsibility to ensure that you have and at all times maintain proper security applications and controls in place, including but not limited to anti-virus software and password logon protections.
- (c) If we develop or custom design a software program for conducting accounting, business intelligence, KPI reporting, inventory and point-of-sale functions and/or other activities (collectively, the "Proprietary Software Programs"), you agree to obtain the Proprietary Software Programs and install into your Bakery, at your expense, the necessary computer hardware and software to provide us with full and direct electronic access to all of your data, software systems, security camera footage, and related information. Additionally, you must comply with all specifications and standards we prescribe regarding the Proprietary Software Programs as provided from time to time in the Operations Manual,.
Source: Item 23 — RECEIPTS (FDD pages 93–309)
What This Means (2025 FDD)
According to Nothing Bundt Cakes' 2025 Franchise Disclosure Document, franchisees are indeed solely responsible for the acquisition, operation, maintenance, and upgrading of computer hardware and software used in their bakeries. This includes ensuring the hardware and software are properly operated, maintained, and upgraded. This responsibility extends to any consequences that may arise from improper operation, maintenance, or upgrades.
Nothing Bundt Cakes franchisees must also enter into separate agreements, at their own expense, for any required computer hardware and software, including the POS system and credit card processor. These agreements also cover maintenance and support contracts, data warehousing, and other related applications. Furthermore, franchisees are responsible for maintaining proper security applications and controls, such as anti-virus software and password protections, to safeguard their systems.
Nothing Bundt Cakes also has the right to require franchisees to install a "systems backup solution" to back up critical data using an off-premises storage scheme. If Nothing Bundt Cakes develops or custom designs proprietary software programs for accounting, business intelligence, KPI reporting, inventory, and point-of-sale functions, franchisees must obtain these programs and install the necessary hardware and software at their own expense. This installation must provide Nothing Bundt Cakes with full and direct electronic access to all of the franchisee's data, software systems, security camera footage, and related information.
Overall, the franchisee bears the full responsibility and cost for all aspects of the computer systems, software, and data security within their Nothing Bundt Cakes bakery, ensuring compliance with the brand's standards and specifications. This is a common arrangement in franchising, where franchisees manage day-to-day operations and technology while adhering to the franchisor's system standards.