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Question - more on who owns central station data 

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Ken,

    I have been with my current central station for many years.   My bills are paid current and my account remains in good standing.  My  contract is nearing it's end and I have elected to move to another central  station and have given the necessary 60 day notice per the terms of the  contract.

    The reasons for the move doesn't really matter for this  issue.  Recently there has been a significant change in the operation at the current central station overall.  I have had online access to my accounts 

and all of the information for many years.  Recently I am being told  that they no longer allow any dealer to print or download their account information.  The reason being given is "the account data belongs to  them and we are not entitled to it."

    Is there case law or anything that  shows who the data actually belongs to?

      There is nothing I can find in  my monitoring contract that states I do not own the data.

anon

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Response

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    Too bad for you that your contract doesn't state that YOU own the central station data, or at the very least you are entitled to access to the electronic files and data.  Should of  had me negotiate your central station contract.  Maybe next time.

    It's really quite simple.  A dealer must own its own incoming lines (or have right to an assignment of those lines if leaving the central station) and must own or have access to all subscriber electronic data.

    Central stations are not owned or run by "saints".  They are in business just like you and they don't like losing business to a competitor.  They have every right to lock you in and impose whatever terms in their agreement that you agree to.  Blame yourself, not them.

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Question - contract issues - take over 

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 Ken,

    I have a new residential  customer who signed your All-In-One last month, with no new equipment but the existing equipment, that I had installed 15 years ago,  that is now theirs from the purchase of the condo. Last month’s contract has monitoring, service and inspection rates attached to it.

Now they want new equipment (panel with keypad and maybe an additional keypad). Should I have the replacement equipment and or additional keypad on a new contract. What if they go with the just replacing just the existing panel/keypad? Question is whether I need to fill in the monitoring, service and inspection segments of the contract again (the monthly numbers would not change), or keep two contracts in effect. Can I keep two contracts in effect with one customer? Do I need a new contract?

    The client has also just come back to me about our monitoring, service and inspection pricing, comparing my pricing to a relative who pays less monthly rates. I feel mine are reasonably priced within the industry.

So would I:

1.       Sign a whole new contract including the new parts with the same monitoring/service/inspection rates as the existing last month contract.  (I wondered if I do this, and they cancel during the 3-day cooling off period with their belief that they are canceling and going with the relatives alarm company, does it really automatically, as I suspect, revert back to and keep last month’s contact in effect?)

 2.       Keep two contracts in effect. Can I have two contracts in effect with one customer?  One covering the monitoring/service/inspection, and another for new the new equipment? By having them also sign a new additional contract what would I do with the monitoring/service/inspection portions of the new “sales” contract that would be just for the installation of the new equipment, just cross out the monitoring/service/inspection paragraphs? Leave them in and just put dashes in the “amount” spaces? Would any new ‘sales’ All-In-One contract override any past ‘monitoring/service/inspection’ All-In-One contract? I would not want to sign a new contract without monitoring/service/inspection, only to find after three days that this new contract is in effect and there is now no monitoring/service/inspection agreement at all, then have to start all over from square one.

 3.       Don’t bother, no new contract needed as any additional equipment installed will be covered by last month’s agreement, and just bill them for the new equipment.

     As a side thought, 4-1/2 years down the road, the subscriber wants to sign for the new equipment but keep the original monitoring/service/inspection term in effect with its’ eminent expiration date of just a few months away. Can two contracts be in effect at this point and/or scenario?

     If you intend on posting this on the web, please redact my name.

anon

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Answer

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    You have too much time on your hands.  This isn't that complicated, though there is an interesting issue that I will get to (after dealing with the less interesting issues).

If the equipment is already installed you obviously do not fill in the Sales part of the Residential All in One.  You will  be using the service, monitoring, inspection and other parts of the All in One. 

If any new equipment is going to be sold and installed then you will use the Sales part also.

    Now the interesting part.  You have an existing contract for monitoring and possibly service.  Sub is going to sign a new contract.  That new contract will come with a 3 day cooling off period.  So you're concerned that the new contract will terminate the old, and then when the sub cancels the new contract you won't be able to enforce the old.  Good question.  There are really two answers - hard and easy.  Easy first - you put in the new contract that there is an existing contract that the new contract will supersede provided sub does not cancel the new contract and fully performs.  Hard way - you don't mention anything and you have to hire a lawyer to research whether the new contract was intended to terminate the old, and even though it was canceled, the old was terminated upon execution of the new.  I don't know the answer off top of my head.  Be careful how you fill our your contracts.

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Webinars

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December 4, 2013   12 noon EST  Register here: https://attendee.gotowebinar.com/register/4919260455763006721

    Title:  10 Things Residential Security Alarm Companies should consider BEFORE entering the world of Commercial Engineered System Fire Alarms

      Presented by:  Bob Williams, President of Briscoe Protective Systems and his Management Team. 

Briscoe Protective Systems has been in the industry for 35 Years and has made the transition from a Residential Alarm Company in the late 70’s to a Engineered System Fire and Security Company that is an SDM Top 100 Company. Find us on the web at www.BriscoeProtective.com or on LinkedIn under Companies, Facebook and Twitter@BriscoeProSys 

      Description:  There is a big difference between installing Residential Fire Systems and Commercial Engineered Fire Systems and there are “Key Factors” that Security Company’s should consider before attempting to go into this lucrative but challenging market.

      Who should attend:  Alarm company owners and fire techs.  

 

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