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 ********************** Can anyone recommend a Service Call program / Customers defaulting and termination letter August 28, 2023 ********************************** Can anyone recommend a Service Call program ******************** Ken, Can you recommend a service call program aimed at the alarm industry? Thanks Mike Miller American West Coast Security Inc. *********************** Response *********************** I checked The Alarm Exchange and did see one company that has a program for Service, FieldHub Inc. Apparently there is lot of dissatisfaction with Managely and FieldHub has asked that I sponsor a webinar on its program. Let me know if there is sufficient interest in this presentation and I’ll be happy to host it. ************************* Customers defaulting and termination letter ************************* Ken Quick question for you. I have a multisite customer that is a commercial business that recently converted to an ESOP. They are claiming that an ESOP is not held to any former contracts and therefore they wish to terminate our monitoring contract. Is converting to ESOP a legitimate reason for terminating contracts? Shane Sullivan ************************ Ken ************************ Does K&K have form letter for terminating a delinquent customer? anon ************************ Response ************************ First the ESOP. That stands for Employee Stock Ownership Plan. This would be change in ownership of the entity and not a change in entity. I could be wrong, but I do not believe converting to an ESOP changes the liability the entity has for extant contracts. Standard Form Letter for Termination: Sorry, K&K doesn’t have one. The scenario for termination of a customer is so varied the letter would have to change each time unless it was so generic that you don’t need me to write it. I do have one cautionary caveat: Your termination letter needs to be specific, unequivocal and unconditional. In simple terms, that means if you’re terminating then you need to specify the date and time that service [usually monitoring] will terminate and you must not offer the customer the opportunity to delay or reverse the termination. For example, you do not want to write that service will be terminated unless the customer calls or pays or does anything. Your termination letter must not offer any option. Once your termination letter goes out you may want to rescind it or enter into a new contract with the customer, but that’s how it needs to be handled. If rescinding make sure you get a written acknowledgment from the customer that the termination has been rescinded and the contract and service is to continue. ************************* STANDARD FORM AGREEMENTS: 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 www.kirschenbaumesq.com/page/alarm-articles updated daily ************************* THE ALARM EXCHANGE - the alarm industries leading classified and business exchange - updated daily. https://www.kirschenbaumesq.com/page/alarm-exchange ************************* 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 / 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. ************************** 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
