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Subscribers changing contract terms from January 25, 2014

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Ken

    We have stopped having problems with people marking through and changing the contract since we started doing them electronically with Adobe EchoSign. They can mouse and click to type on it (no one has yet) but the customer is always the first to sign so the sales person signing second sees any changes before signing. You just make sure you put the subscribers name first and sales person second. 

    We have wondered though, after going electronic and switching to legal size paper (did have it on letter before) if first, do we have to have a paper copy for our files? And if so does our paper copy have to be printed on legal paper or is it ok to set the printer to print and fit the legal size to letter size?

Donnetta Byrd

Security One

Universal City, TX

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Response

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    You don't have to convert your electronic contract to paper for your file [unless your state licensing law requires that] but you may have to print out an electronic contract, for example, when going to court.  At that point the size of paper won't matter, though the lay out, font size and manner of electronic presentation and execution will matter.

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Service contract and service tickets from Feb 3, 2014

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Ken

    I have a Master Service Agreement with a client that wants me to monitor all of its intrusion alarms.  I have purchased your Commercial All in One and your Monitoring  contracts.  My question is whether these contracts take precedence over the Master Service Agreement.  The Master Services Agreement is a contract I was required to sign in order to provide any services to the client and was drafted by the client.  The services we currently provide do not include any monitoring.

anon

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Response

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    The Commercial All in One covers service and monitoring.  If signed after you signed the subscriber's form Master Service Agreement then the last signed contract should prevail.  But, that won't be the case if the Master Service Agreement provides that subsequent contracts for the services covered in that agreement will not supersede that agreement.  I don't know what you agreed to in that Master agreement.

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Is contract voidable for no deposit - worth pursuing?

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Ken 

    We have a commercial subscriber that signed a contract with us about 3 weeks ago and still has yet to send us a deposit for 50% of the project as we require. Numerous follow-ups have been performed and I beginning to realize that the facility manager may have overstepped his bounds.

    Is there recourse on this or do most companies tear up the contract and walk away from the project.

anon

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Response

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    I have a few clients that would definitely go after this subscriber for the full contract.  Whether you pursue or just toss the file might depend on what type of investment you made getting that contract signed.  Investment in both time and money.  For all I know you have plans and specifications drawn and ready to be filed.  Maybe you hired additional personnel to install a large system or one your regular employees can't handle.  Or, maybe you stopped by and got the contract signed in 10 minutes.  The contract is not void because the deposit wasn't made.

How would you handle something like this?

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TO SUBMIT QUESTIONS OR COMMENTS REPLY TO THIS EMAIL OR EMAIL Ken@Kirschenbaumesq.com.  Most comments and questions get circulated.

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WEBINARS

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Topic:  Analysis of the Residential All in One and the Commercial All in One security contracts.  This will be a comprehensive review and comparison of the Residential and Commercial contract forms. 

 

When:  February 20, 2014 at 12 noon to 1 PM EST.  This webinar will not be recorded

 

Register here: https://attendee.gotowebinar.com/register/8748425151461332994

 

Presenter:  Ken Kirschenbaum, Esq.

 

Who should attend:  alarm company owners, office managers and license compliance officers 

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Topic:  Analysis of the Commerical Fire All in One and the Fire Suppression All in One.   This will be a comprehensive review and comparison of the Fire Alarm and Fire Suppression contract forms. 

 

When:   Thursday, February 27, 2014 at 12 noon to 1 PM EST.  This webinar will not be recorded

 

Register here: https://attendee.gotowebinar.com/register/8188883684086152194

 

Presenter:  Ken Kirschenbaum, Esq.

 

Who should attend:  alarm company owners, office managers and license compliance officers 

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