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Can you terminate horrible payer / Does Residential All in One include home automation
December 28, 2018
Can you terminate horrible payer
            I have an account who is a horrible payer. When he does give credit card info it’s always declined and we’re always chasing him to get paid. We finally do get paid but it’s just so time-consuming. I just sent him a certified letter last week stating his account would be taken off-line December 17. He then finally made his last quarterly payment which was from October 1 through December 31. Do I have to keep him online until December 31 or can I leave it at December 17 as per my letter?
Thanks a lot
exhausted bookkeeper
            What seems like a simple issue can be complicated.  Unfortunately you should not be terminating service on Dec 17 or Dec 31, at least not pursuant to the letter you sent out.  Even if your letter was unequivocal that you intended to terminate service for non-payment of the Oct 1 invoice, your acceptance of that payment would likely be deemed your acceptance of the subscriber’s cure of the default.
            Your letter should have stated that the contract was in default, could not be cured, would be terminated and service terminated on a date and time certain, and that the subscriber owed you for the balance of the contract pursuant to the contract terms.  If you use the All in One you have the right to terminate the contract once the subscriber is in breach.  A default in payment is curable and you should terminate while the payment is still outstanding, while there is still a breach.  The only non-curable breach in the contract is the insurance procurement provision, assuming the subscriber has failed to procure the insurance and name you are additional insured.  You can safely terminate based on that breach.
            Terminating service prematurely has potential consequences.  If you are deemed in breach of the contract then your subscriber can find alternative alarm services and charge you with the difference in price; Perhaps not a significant risk.  But the subscriber may also suffer a loss while the alarm service was terminated, and if it’s determined that your termination was a breach of the contract would could be responsible for the loss.  The interesting question would be, if you are sued for that loss would you be able to claim you are entitled to the protection of the contract that you previously terminated?
Does Residential All in One include home automation
            I had a quick question, do the all in one contracts for residential include Home Automation and Integrations?  
            If you are selling and installing security and you want to also sell and install home automation you can use the Residential All in One.  If you are not selling security, and only home automation, get the Home Automation and Integration agreement.

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Ken Kirschenbaum,Esq
Kirschenbaum & Kirschenbaum PC
Attorneys at Law
200 Garden City Plaza
Garden City, NY 11530
516 747 6700 x 301
516 747 6700