Franchise IT systems: access, fees and the impact of outages

Access to a shared sales, ordering or booking system can be one of the benefits of joining a franchise network. It can also make your day-to-day business dependent on a tool you do not control. Before buying a franchise, look beyond the software demonstration: check the access terms, the full schedule of fees and what happens if the system stops working.

1. Establish who provides access and on what terms

Ask the franchisor for a list of mandatory applications, including point-of-sale, stock management, ordering, reporting and financial settlement systems. For each one, identify the supplier, your contractual counterparty and the entity issuing the invoice. A single brand on the screen does not mean that one company is responsible for every function.

In Poland, franchising is not governed by a separate, comprehensive statutory framework, and a franchise agreement is an ‘innominate contract’ — one not specifically defined by statute. It is entered into under the principle of freedom of contract in Article 353¹ of the Polish Civil Code, subject to limits imposed by law, the nature of the legal relationship and principles of social coexistence. General rules on performing contractual obligations and liability for breaches also apply. There is no specific statutory disclosure document required for every franchise, nor a dedicated register of franchise agreements.

Software is also subject to Poland’s Act on Copyright and Related Rights, while the GDPR applies where personal data is processed. Signing a franchise agreement does not, in itself, clarify how you are permitted to use the software.

Request the complete IT terms before signing the agreement, including suppliers’ terms and conditions and price lists. Check whether you are receiving a licence, a sublicence or access to a cloud-based service. Establish how many users and workstations the price covers, and whether you are permitted to give an employee or accountant access to an account.

2. Calculate software costs over the full franchise term

‘System included’ may mean only basic functionality. Additional modules, configuration, integrations or extra accounts may incur separate charges. Do not assume that the franchise fee covers everything you need to open and run your outlet.

Prepare a breakdown of costs covering:

• set-up: configuration, data migration and connecting devices;
• ongoing use: subscriptions, licences and maintaining integrations;
• variable charges: fees per user, transaction or order;
• additional services: data recovery, configuration changes and support beyond the standard package;
• ending the relationship: exporting documents and any access to archived records.

For each item, note whether the amount includes or excludes VAT, who charges it and when they can change it. If payment is in a foreign currency, establish the conversion rules. Ask for a sample bill based on your planned number of workstations and users.

It is also worth modelling what happens as sales grow. If every transaction attracts an IT charge, higher turnover will increase your software costs independently of the franchise fee. Check whether a mandatory update could require you to buy new equipment, and who would bear that cost.

3. Put outage procedures and limits on account suspension in writing

Ask for a demonstration of how the outlet operates without a connection to the central system. Can you serve a customer, accept payment, issue the required document and synchronise the data later? The answer should take account of the tax and fiscal recording requirements applicable to your business. An application outage does not, in itself, exempt you from complying with the law.

Use a schedule to the agreement to specify support hours, an emergency contact channel and how incidents are prioritised. Distinguish between response time and service restoration time: acknowledging a support request does not mean the fault has been fixed. Also agree how you will be notified of planned maintenance downtime.

The right to suspend an account needs separate negotiation. Check whether the supplier or franchisor can cut off access over a disputed amount, late payment or a breach of the terms and conditions. Seek provisions requiring prior notice and a period to remedy the issue, except where security requires immediate action.

Do not assume that downtime automatically entitles you to compensation. Under the general legal rules, claiming damages requires you to establish the relevant grounds, and the agreement may limit liability. A lawyer should assess whether those limitations are enforceable and whether any agreed partial subscription refund has been described as your sole remedy.

4. Safeguard your records and test the system in practice

Before buying the franchise, establish whether you can download sales reports, fee statements and accounting documents yourself. Ask about export formats and whether the files can be read without an active licence. Being able to view data on screen does not guarantee lasting access to your records.

Agree how often backups will be made, who is responsible for them and how data will be restored. Address employee access separately: individual accounts, appropriate permissions and prompt removal of access reduce the risk of errors and misuse.

Ask for a demonstration of a typical working day, not just a sales presentation. Walk through a sale, a correction, the end-of-day close and an export for your accountant. Also speak to existing franchisees about how readily support is available during opening hours.

Practical takeaway: before signing, agree a single schedule covering access, all fees, outages and retrieval of your documents. The IT system should help you run your outlet, rather than leave business continuity entirely in the supplier’s hands.