KEN KIRSCHENBAUM, ESQ
ALARM - SECURITY INDUSTRY LEGAL EMAIL NEWSLETTER / THE ALARM EXCHANGE
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Comment on secure your website / processing fee for subscribers paying by check
April 6, 2021
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Comment on secure your website from March 1, 2021
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Ken
            A note to the person who’s site was hacked. 
            Whoever built the site should also be contacted and find out about their insurance policy.  When you hire a company to do work for you they should be deploying using best practices (same as alarm guys). When they knowingly do not, they should be held liable for that.  The purchaser of the site doesn’t have knowledge to know http vs https and the dangers that come with it. 
Steve
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Processing fee for subscribers paying by check
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Ken
            If we want to include in the agreement that a $5.00/month processing fee for manual billing versus auto draft will be assessed how do I word that or is that something you add to the agreement for us?
anon
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Response
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            For sure either a contract provision or a separate authorization form is needed to charge a processing fee; same for a fee to process a credit card, if permitted by your processing company.   Fees for processing billing can be expressed as either a discount for paying with auto pay, credit card or ACH, or an extra charge if invoices need to be sent and checks processed. 
            I’m not particularly comfortable with a processing fee, or discount, and would prefer you figure out the RMR charge when the subscriber is agreeing to the terms of the contract.  Some states may have statutes that address these discounts or fees and K&K hasn’t researched this issue.
            If you want a processing discount or fee you can ask us about it after you acquire the Residential All in One.  There is probably no prohibition for commercial contracts.
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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
ken@kirschenbaumesq.com
www.KirschenbaumEsq.com