3 day notice of cancellation / authentic contracts April 17, 2017

KEN KIRSCHENBAUM, ESQ
ALARM - SECURITY INDUSTRY LEGAL EMAIL NEWSLETTER / THE ALARM EXCHANGE
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3 day notice of cancellation / authentic contracts
April 17, 2017
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Next webinar - Tomorrow - April 18, 2017: See below for details.
Title: All You Need To Know About Alarm dealer program contracts - getting in and getting out
Register here: https://attendee.gotowebinar.com/register/7359323076355955715
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3 day notice of cancellation
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Ken
    We have offices in CT, MA and RI.  For the 3 day Cancellation Period on a Residential Subscriber to require us to give the customer the state specific document (which we have from you), what is the difference in these 3 scenarios:
1.       Customer signs contract at their home with in person sales rep
2.       Customer signs contract via email and sends back to us via email
3.       Customer signs contract in our office
JKL
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Response
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    If the subscriber signs at home you need to provide the notice.  If the contract is signed through the mail or at your principal place of business you don't have to give the cancellation notice.  But, keep in mind:

• The Notice of Cancellation is on your Residential Agreement so all you have to do is give the cancellation form
• When you go to sell your accounts you may be asked if you have the cancellation form and if you used it on all transactions.  You will have the burden of establishing that the notice wasn't required.

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authentic contracts
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Ken,
    I ran into Joe XXXX at one of the ESX shows-----We were talking to him and thinking about allowing him to sell us a template for some contracts.  
    I also was told that you were providing Joe with these contracts and that we were getting the same contract that you gave Joe.  Maybe you can clear up that rumor?
name withheld
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Response
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    The only place to get the Standard Form Agreements, genuine Kirschenbaum TM contracts, is at www.alarmcontracts.com.  No one is authorized to sell or re-sell our agreements.  There is more than the one obvious reason for this.  The obvious reason is that the Kirschenbaum TM contracts are our Intellectual Property and we are entitled to be paid for the contracts.  But you may be, and should be, concerned with the second reason.  You can't be sure you are getting an up to date contract form unless you get it from us.  We modify the forms all the time on a regular basis, and we usually don't announce the changes until the end of the year [when we run our special pricing].  The changes, however, are made all year long.  There are other reasons to get the contracts from us.  We won't assist you with subscriber negotiations or collections unless you have our contracts and you got them from us.  
    I have come across a handful of alarm companies that have ripped off copies of our contracts that they didn't get from me.  These companies were required to pay the full price for their contract before I worked with them, and all they got to keep was the form they already had.  They had to pay for new forms too if they wanted them.  
    So, yeah, I get pretty worked up when I hear about idiots like Joe [and yes I have his last name].  If I wasn't so busy I'd sue him.  Think about it.  Get your contracts from reputable expert attorney or a thief [who may or may not be an attorney]?  
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WEBINARS:  Sign up for any or all of the webinars that interest you.
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FREE Webinar Series "All You Need To Know About" alarm industry issues. 
Register for one or all.  Each presentation scheduled for half hour to hour.  Not recorded.
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Title: All You Need To Know About Alarm dealer program contracts - getting in and getting out

When: April 18, 2017 noon EST
Where: Your computer for power point, live video and call in on computer or phone
What will be covered: General discussion about honeypots/trappings of dealer program contracts and how difficult they are to get out of. 
Who should attend: Alarm company owners.
Presented by: James Babbitt, Esq. General Counsel, RMR Capital Group jbabbitt@rmr-capital.com; 952 467 8610
Register here: https://attendee.gotowebinar.com/register/7359323076355955715
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Title: All You Need to know about Internet security and why is it relevant for the alarm industry 
When: April 25,  2017 noon EST
Where: Your computer for power point, live video and call in on computer or phone
What will be covered: Discussion of securing Internet devices.  Attacks by Mirai and other botnets and disruption to Internet services around the world made possible because of the millions of poorly secured cameras, DVRs and other installed network devices. 
Who should attend: Alarm company owners, general and technical managers
Presented by: Securifi, a leading router and smart home hub company, soon to be offering its own comprehensive Total Security Solution (Monitored Security + IoT Security + Parental Controls + Malware Blocking) to the alarm industry.  Rohit Somani     rohit.somani@securifi.com    855 969 7328  
Register here:  https://attendee.gotowebinar.com/register/6899604070803705091
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THE ALARM EXCHANGE

Ken Kirschenbaum,Esq
Kirschenbaum & Kirschenbaum PC
Attorneys at Law
200 Garden City Plaza
Garden City, NY 11530
516 747 6700 x 301
ken@kirschenbaumesq.com
516 747 6700
www.KirschenbaumEsq.com
oovoo account: KenKirschenbaum