Who is responsible for the acquisition, operation, maintenance, and upgrading of the computer hardware and software used in a Nothing Bundt Cakes franchise?
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,. It is possible that we might not be able to alter the Proprietary Software Programs to accommodate each franchisee within the System, and therefore, at such time that we require the implementation of such Proprietary Software Program(s), you will only utilize such Programs we prescribe.
(d) We must have independent, unlimited access to the information generated through the use of our Proprietary Software Programs, without compensation to you, and we may share revenue and other data concerning your Bakery with other franchisees in the System.
6.6 Internet Website.
- (a) We have established the Website, which provides information about the System and products and services sold under the System. We may use Marketing Production Fund contributions to pay or reimburse ourselves for costs incurred in connection with the development, maintenance and update of the Website, or any additional websites we may create in the future in connection with the System.
Source: Item 23 — RECEIPTS (FDD pages 93–309)
What This Means (2025 FDD)
According to Nothing Bundt Cakes's 2025 Franchise Disclosure Document, the franchisee is responsible for the computer hardware and software used in their operations. Specifically, the franchisee is responsible for the acquisition, operation, maintenance, and upgrading of the computer hardware and software. This includes ensuring the hardware and software are properly operated, maintained, and upgraded.
This means that while Nothing Bundt Cakes may set the standards and specifications for the computer systems, the franchisee bears the responsibility and cost of keeping those systems running. This also extends to entering separate agreements for required hardware or software, such as the POS system and credit card processor, including maintenance, support, data warehousing, and related activities, all at the franchisee's expense.
Furthermore, Nothing Bundt Cakes may require franchisees to install a systems backup solution to protect critical data using off-premises storage. Franchisees are also responsible for maintaining proper security applications and controls, such as anti-virus software and password protection. If Nothing Bundt Cakes develops proprietary software programs for accounting, business intelligence, KPI reporting, inventory, or point-of-sale functions, franchisees must install the necessary hardware and software to provide Nothing Bundt Cakes with full electronic access to all data, software systems, security camera footage, and related information. Nothing Bundt Cakes retains the right to access this information without compensating the franchisee and may share the franchisee's data with other franchisees in the system.