KEN KIRSCHENBAUM, ESQ ALARM - SECURITY INDUSTRY LEGAL EMAIL NEWSLETTER / THE ALARM EXCHANGE You can read all of our articles on our website. Having trouble getting our emails? Change your spam controls and whitelist ken@kirschenbaumesq.com ****************************** Subscriber who suspended monitoring service is back; do you need a new contract November 5, 2022 ************************ Subscriber who suspended monitoring service is back; do you need a new contract ************************ Ken We have a customer that had signed the 2017 Commercial All in One system agreement back in February of 2021 to install a cellular dialer on their burglar alarm system and begin alarm monitoring. The customer also signed the Schedule of Equipment and Services document, the Notice of Cancellation document, and the additional equipment, systems and services Disclaimer Notice which is SOP for our customers to do. This customer then followed the 30 day termination procedure to terminate monitoring services back in January of 2022, so his monitoring was then canceled. This customer has since come back to say they would like to reactivate the alarm monitoring once again, our question to you is do we need to have new documents signed or are the old agreement documents sufficient to continue monitoring again? Please let us know your thoughts. Doug ******************** Response ******************** Couple of things don’t add up; you must have left out a few facts to round out this scenario. This subscriber signed a Commercial All in One; you don’t mention any changes to the form. So a few things stand out: * It’s obviously a commercial customer, so the Cancellation Form was not required and should not have been presented. There is no Cancellation Notice on the Commercial All in One above the subscriber’s signature line, as there is in the Residential All in One. The commercial contract is not suitable for a residential customer and should never be used with a residential customer [you need to use the Residential All in One]. * This Commercial All in One was signed in February 2021. The “term” of that contract is 10 years. * There is no suspension of service right in the contract. If you permitted a suspension then you should have provided for how it was going to work, covering when the suspension would end, either measured by an event or passage of time as an outside date. * A new contract should not be necessary if the suspension was properly documented. If you aren’t concerned about losing the revenue for the suspended period and don’t care about extending the existing contract then you can simply resume services. Of course a new updated10 year Commercial All in One would be better. ******************** To order up to date Standard Form Alarm / Security / Fire and related Agreements click here: www.alarmcontracts.com *************************** To order up to date Standard Form Alarm / Security / Fire and related Agreements click here: www.alarmcontracts.com *************************** CONCIERGE LAWYER SERVICE PROGRAM FOR THE ALARM INDUSTRY - You can check out the program and sign up here: https://www.kirschenbaumesq.com/page/concierge or contact our Program Coordinator Stacy Spector, Esq at 516 747 6700 x 304. *********************** ALARM ARTICLES: You can always read our Articles on our website at ww.kirschenbaumesq.com/page/alarm-articles updated daily ******************** THE ALARM EXCHANGE - the alarm industries leading classified and business exchange - updated daily ************************* Wondering how much your alarm company is worth? Click here: https://www.kirschenbaumesq.com/page/what-is-my-alarm-company-worth ****************************** Getting on our Email List / Email Articles archived: Many of you are forwarding these emails to friends or asking that others be added to the list. Sign up for our daily newsletter here: Sign Up. You can read articles and order alarm contracts on our web site www.alarmcontracts.com ************************** 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 www.KirschenbaumEsq.com
