Is a Remax franchisee required to upgrade or update computer hardware and software throughout the term of the Franchise Agreement?

pproximate cost to upgrade one version of Microsoft Windows software, or comparable operating software system, may range from $140 to $690 per year per license , and will depend in part on the version of the operating system you choose, the number of software licenses you require, as well as on technological advances which we cannot predict at this time.

We or REMAX, LLC may modify specifications for any components of the Computer System and related hardware and/or software. You will be required to upgrade or update such hardware and software throughout the term of the Franchise Agreement as we may specify as well as to pay for the cost of implementing such systems, programs and procedures, including the cost of purchasing or leasing computer hardware and software, that we may require. We estimate that the cost to acquire a Computer System that complies with these requirements to be between $800 and $2,500. In addition, you will be required to have email capability and Internet access. (Franchise Agreement – Section 3.) There are no contractual limitations on the frequency and cost of these obligations. We will not provide maintenance for your computer hardware. If you or someone you employ does not have the expertise, you will have to obtain a maintenance contract with a reputable organization for your Computer System and related equipment. It is difficult to estimate the annual cost of maintaining or upgrading your Computer System because it will depend on many variables such as the age and total number of computers you choose to have in your Office, your usage and security practices, the cost of third-party maintenance services in your area, as well as technological advances that we cannot predict at this time. As an example, if you need 1 to 5 hours of thirdparty maintenance services per month, it may cost you between $75 to $500 per month (or $900 to $6,000 per year) for one Computer System.

Antivirus Protection and Data Breach Notification

You will also be solely responsible for securing your Computer System and protecting it from viruses, malware, spyware, malicious code, communication disruptions, Internet access and content failures, and attacks by hackers and other unauthorized parties and you will be required to comply with privacy and data security laws and regulations. We will require that you take steps to protect your Computer System from social engineering attacks that would compromise your password and that you establish best practices for password management as you will be responsible for any losses and damages. We will also

require that you install and continually update Microsoft Windows (patches, service packs, and upgrades), macOS (patches and upgrades), web browser and application updates, anti-virus systems, firewalls and application updates. We estimate the cost for these protection services or systems may range from $50 to $200 per computer per year, depending on the services provided.

Source: Item 11 — Franchisor's Assistance, Advertising, Computer Systems, and Training (FDD pages 59–71)