Buying a Franchise in Belarus: How to Check Software Access

Your tills, stock control, customer bookings and order processing may depend on software supplied by the franchisor. But a promise to ‘give you access to the system’ does not explain exactly what you are buying or how reliably your outlet will operate. Across franchise networks, digital tools help maintain common standards, but their terms of use need to be checked separately — before you sign a contract or pay.

1. List the software and check the basis for access

Ask the franchisor to list every mandatory system: point-of-sale software, stock management, booking services, order processing and the franchisee portal. For each item, you need its name, purpose, supplier, set-up process and the document that gives you the right to use it. List optional services separately: a sales presentation may suggest that they are included in the package when they actually cost extra.

In Belarus, franchising is specifically regulated by Chapter 53 of the Civil Code. Article 910 defines a comprehensive business licence agreement: in return for a fee, the rights holder grants a package of rights that includes the right to use a business name, the intellectual property specified in the agreement and undisclosed information. Under Article 910-1, the agreement must be in writing and registered with the patent authority — the National Centre of Intellectual Property.

However, a franchise agreement does not, by itself, establish your right to use every piece of software shown in the presentation. Software rights are also governed by the Republic of Belarus Law on Copyright and Related Rights. A lawyer should establish which rights are granted under the main agreement and which require a separate licence or an agreement with the service provider.

Check which of these three situations applies:

• The franchisor owns the software. The documents should define the permitted uses and their limits.
• A third-party developer owns the software. Check whether the franchisor is entitled to give franchisees access or whether you need a direct agreement.
• The franchisor merely recommends the service. In this case, you may be responsible for arranging access and paying the provider.

Do not insist on receiving the source code as a condition of purchase: it is usually unnecessary for the day-to-day running of an outlet. What matters more is having a lawful right to use the software that meets your operational needs.

2. Establish what access your outlet needs

One user account is not the same as a fully functioning management system. Before buying, map out your day-to-day tasks: who opens a shift, corrects an order entered in error, adjusts stock levels, generates reports and adds new staff members. Ask to see these tasks performed in a demo environment, not just on slides.

Propose that a schedule to the agreement specifies:

• the number of outlets, devices and users;
• the available modules and any functional restrictions;
• access permissions for the business owner and staff;
• whether the system can operate during a temporary internet outage;
• supported equipment and required integrations;
• the process for adding workstations.

Pay particular attention to administrator access. If only head office can reset an employee’s password, find out how quickly it will handle the request and who is available at weekends. This is not about trusting the brand; it is about checking how far your daily operations depend on someone else’s working hours.

Agree criteria for deciding whether the system is ready to use. For example, before launch, it should successfully process a test sale and refund, generate a report and exchange data with the stock management module. These are suggested contractual terms, not a statutory checklist. Record the test results in a formal acceptance report, noting any defects and the deadlines for fixing them.

3. Calculate the full cost of the digital package

‘Software included in the franchise’ may mean basic access only. Request a separate breakdown of costs, even if the supplier promises a single payment. It should show initial set-up, recurring subscriptions, additional users, integrations, updates and technical support.

For each charge, identify the recipient, payment currency, frequency and conditions for price changes. If the price depends on order volumes or the number of workstations, ask for a calculation based on your expected usage. Do not assume that access costs for one small outlet will apply to a business with several tills without checking.

Check equipment costs too. A low-cost subscription may require particular terminals, servers or network devices. Obtain the specifications before buying equipment and find out whether you can use hardware you already own.

Propose an agreed notice period for price changes and a process for approving paid extras. Check whether you are paying for the same function twice: once through royalties and again on a separate supplier invoice. Two payments do not necessarily indicate a breach, but the purpose of each should be clear.

4. Agree what happens during outages and access suspensions

Distinguish between technical faults, scheduled maintenance and restrictions imposed for a breach of contract. Each needs its own rules. A general promise of ‘prompt support’ identifies neither who is responsible nor how service will be restored.

Ask for the contact channel, support hours, urgency categories and response times to be set out in the agreement. Do not confuse a response with a resolution: ‘your request has been received’ does not mean you can serve customers again. Discuss a fallback operating procedure that complies with the legal requirements applicable to your activities.

Check the grounds for suspending access separately. Propose advance notice and an opportunity to remedy a breach, except where an immediate restriction is objectively necessary for security. Find out who makes the decision and how access is restored once the cause has been addressed.

If the franchisor holds the contract with the developer, establish what happens if that contract ends. As a prospective franchisee, seek an obligation to notify you of any risk of losing access and to offer an alternative, along with an agreed transition process and allocation of costs. These safeguards must be documented: you cannot assume that they follow automatically from buying a franchise.

Practical takeaway: before buying, obtain a software inventory, evidence of your right to access each system, a full cost breakdown and rules for handling outages. If your outlet cannot serve customers without the system, its availability is a significant commercial issue, not a minor technical detail.