Question re regular testing
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Ken,
Some thoughts. The only way to have any alarm system perform consistently and reliably is to have dynamic regular period testing and system communications supervision. This should also be recorded in a log. Wouldn't it be good to have this in a contract? If the customer does not have such a record at time of system malfunction I would think this would be favorable to the service provider.
What is your legal comments on this requirement?
Bob Dolph, Technical Editor
Security Sales & Integration Magazine
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Answer
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This raising the issue of more equipment and services for more money. Of course a supervised line and regular testing is a better communication system than without, but what about the subscriber who doesn't want to pay for this added feature. Should you be providing all the upgrades and bells and whistles if you're not getting paid for them? I don't think so.
One feature that I think is worth considering is a panel with a history log. I don't know if all panels have these logs, but those that do record all device activation and all communication efforts. After any loss you should attempt to secure the panel and get the log history. This, with the central station records, will give you a good idea how the alarm system functioned.
These types of issues do not have to be in contracts.
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fire alarm take over
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Question
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Hello,
I’m in the process of taking over an existing fire system for a local hotel. I have your all in one fire contract.
I’m not feeling comfortable in using it for a takeover where we don’t provide installation, warranty. How do we make it clear using the contract that it is a takeover and that existing equipment is being used and we are not going to warranty the system. It does state that we warranty 90 days from installation. One could say that we didn’t install it so there is no warranty. However one could argue that we installed it the day we took over the account i.e. installed software.
We may provide service and inspections as optional service.
Thank you,
Tony
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Answer
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In the sales section of the All in One, or on the equipment rider, you indicate that "system installed by others, existing, and not warranted by Alarm Co" Keep in mind however that once you start inspecting and servicing it you will be responsible for that system.
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Canadian subscribers Question
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Ken,
We are looking at monitoring Canadian facilities – commercial and residential – Do you know how we need to modify our standard contracts – to take into account any differences with Canadian law? We would monitor the accounts in our US based monitoring facility.
Thanks,
ANON
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Answer
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I think the law is very much like the US. Just be very careful that you have an exclusive jurisdiction and venue provision so you don't have to litigate in Canada, unless that isn't inconvenient for you.
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walk away contracts?
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Question
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Ken,
Thank you by the way for all of your answers to my contract questions. Here is another. Using the standard monitoring contract, Or any of the monitoring contracts for that matter. Is there any language that allows us to decide to walk away from a client. Let’s say they are not in breach of contract but just a pain to deal with and I might want to cancel contract with them and kindly move on.
Thank you,
TH
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Answer
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To be safe, if you want a walk away contract, essentially a contract that provides for cancellation at any time without penalty, I suggest you make it reciprocal so that both sides have that right. Otherwise I think the contract could be considered illusory and not binding.
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comment on installing covert camera for one spouse
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Ken
With regard to covert cameras to "catch" hubby or anyone else with rights to use the premises. When I find out that the system is for any type of domestic family surveillance I RUN not walk away. I also refer them to a LICENSED PRIVATE INVESTIGATOR who may employ covert tactics on his license, insurance and peril.
Joel Kent
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camera liability
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Question
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Ken:
I have a question about placing cameras in common area such as stairway landings and living rooms.
I fear a lawsuit if the content contains nudity or other activities such as intimate activity.
Our customers intent is to have evidence after a break in and we have added a clause that states “Alarm Company. has no control over any content recorded to any medium, the Subscriber accepts all responsibility for said content.”
Wanted to see if you had any thoughts on the subject?
Gary Greenblott
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Answer
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You should not install or monitor CCTV in areas where privacy is expected, and signs or contract provisions won't help. Someone wants to get naked in a stairway I think it's their problem. Of course that doesn't mean your central station can post it on the Internet.