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 ****************************** ACH and CC authorization / Comment on camera placement and potential liability August 22, 2022 *************************** ACH and CC authorization *************************** Ken Could you tell me where/how I incorporate similar language on ACH/credit card payment? On our proposal, subscriber agreement, credit card form? Additionally, our proposals on new work require that a client provide either an ACH or Credit Card upon acceptance. We allow them to check-off that they are going to send in a check within 7 days, but that if payment is not received, they have agreed in advance that we will use their electronic payment. It is our opinion that we are not in the business of hunting down payment, but the client’s responsibility to pay timely, with the payment method that they are most comfortable using. Jason ***************************** Response ***************************** Isn't infuriating when you have to beg to get paid for your services, especially when the amount is agreed to in advance? I feel your pain. Credit card and ACH payment options have greatly improved your odds for payment, faster payment too. The cc processing fees are well worth it, in my opinion. But what form you need or what terminology you need may depend on your processing company, who will get their marching orders from whoever is ultimately funding the transaction. These requirements may go beyond what the law requires. The authorization should be clear that it permits recurring charges as well as non-regular charges for non-recurring services. The authorization should be clearly written; the authorization should be separate from the contract or very clearly and conspicuously placed, perhaps separately signed. Many in the alarm industry use SkyBank Financial who has Biller Genie program. I passed your inquiry to them for response, and here it is: ********* Ken I would use a separate authorization form that gives you blanket authority to debit their account on regular intervals according to the payment schedule in your contract. Thomas J. Aronica, CPP Chief Executive Officer https://merchant.billergenie.com/Account/Onboarding/Merchant/TheAlarmExchange O: 800-617-9980 x6001 taronica@skybankfinancial.com www.skybankfinancial.com *************************** Comment on camera placement and potential liability from July 29, 2022 article ************************** Ken, If the camera system used is half-decent, they should be able to mask out the area looking at the playground. Regards CLIFFORD F FRANKLIN He/Him *************************** Another comment *************************** Ken, Would signage add to the liability? Signs indicate an expectation of working cameras or possibly indicate that it is a safe space. What happens with the liability when the sign works and the camera doesn't? Ron CEI Corporation ************************ Response ************************ I don't know about the technology needed to mask out the playground. I can tell you that if a child is abducted or accosted on the playground law enforcement is going to be looking for that camera data and they are going to be very disappointed that they won't be able to use it. Signs don't constitute consent and I think Ron may be correct in raising the concern of additional liability, but that would be when the signs instill a sense of security, falsely. Incidental coverage from a camera placed elsewhere for primary coverage elsewhere would hardly instill any sense of security or require signs or benefit from signs, in my opinion. ************************ 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
