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Should you continue to monitor if account is in collection / Rate increases pursuant to contract / Sign up for Free Webinar
February 11, 2021
Should you continue to monitor if account is in collection
            If we have a client referred to K&K for collection, should we continue monitoring?  If no, are we obligated to send a notice informing of the service cancelation?
            It's a great question though not as easy to answer as you might expect.  The reason it's not easy to answer is because it's not yes or no.  There are various factors at play, such as:
  *  does the subscriber claim the system isn't working or isn't being used and the central station's alarm history shows differently; that the subscriber is continuing to use the system and it's operational
  *  if the subscriber is still using the system there is better chance of saving the customer if you are continuing to monitor.
            If however this customer is dead as Kelso's nuts, you can terminate monitoring.  The All in One does not require notice but I'd give it anyway, setting a date and time that monitoring will be canceled.  Make sure you cancel at that time.
Rate increases pursuant to contract
            I have a customer asking if the All in One says we can raise the rate after a year from the date of the contract or a year after the expiration of the contract term.
            Basically, does the “date hereof” mean the date of the contract or the expiration date of the contract (3 years from today)?
     Here is the provision:
            "The term of this agreement shall be for a period of 3 years and shall automatically renew month to month thereafter under the same terms and conditions, unless either party gives written notice to the other of their intention not to renew the agreement at least 30 days prior to the expiration of any term. After the expiration of one year from the date hereof Alarm Company shall be permitted from time to time to increase all charges by an amount not to exceed nine percent each year and ....."
            After the first year of the contract you can raise the rates by up to 9%.

Webinar announcement: Register now for this informative webinar
Title:  Forensic Analysis of Non-Conforming Control Panel(s); the UL issue
When:  February 16, 2021 at 12 PM noon ET  1 hour.  Will be recorded
Topic:  Analysis of risk if using control panels that don't meet UL and NFPA standards
Presented by:  Jeffrey Zwirn and  Merton Bunker, PE former NFPA employee and Staff Liaison for NFPA 72
Hosted by: Ken Kirschenbaum,Esq
Who should attend:  Alarm company owners, AHJs, Nationally Recognized Testing Laboratories and manufacturers

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NOTICE:  K&K has two clients looking to sell alarm accounts.  One company is near Orlando FL and the other outskirts of Miami FL.  More details in The Alarm Exchange in the Merger and Acquisition category.

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Ken Kirschenbaum,Esq
Kirschenbaum & Kirschenbaum PC
Attorneys at Law
200 Garden City Plaza
Garden City, NY 11530
516 747 6700 x 301