February 14, 2011

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Question:

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Ken,

    Is there any liability in guaranteeing customers that you will recycle their computers and other electronics for them and keep the information on the hard drive secured from unwanted hands?   Do you have a contract that would offer protection if there is some liability?

    Thank you for your response,

Matthew Sotherden

Securitysmith Inc.

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Answer:

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    Not really an alarm question, but raises interesting issues that affect alarm companies.  The way the question is framed makes the answer easy.

    Your guarantee that you will "keep the information ....  secure..." may be something you simply can't do for loads of reasons beyond your control.  Like offering alarm and security services the most you can hope for, and the most you should be offering, is that you will do your best efforts to perform the services you are offering, but not guarantee to prevent any condition or situation beyond your control - which might for our purposes mean, beyond the conduct of your own employees. 

    No, I don't have a recycling contract, though I would be happy to draft one for you.  But I do have security and fire contracts that describe the services and in fairly clear and concise language explains the limitations of those services and the possibility of loss, none of which will be the responsibility of the alarm / security company.

    I suggest you consider the same reservations.