KEN KIRSCHENBAUM, ESQ
ALARM - SECURITY INDUSTRY LEGAL EMAIL NEWSLETTER / THE ALARM EXCHANGE
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Comment on should you be relying on RMR and are contracts extortion / Suspending service at customer request
August 19, 2022
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Comment on should you be relying on RMR and are contracts extortion from article on July 8, 2022
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Ken
          What I was getting at is there is no free lunch (despite what Bernie says).
Unless a customer realizes there has to be an ongoing commitment, they will expect something (i.e.; ongoing service) that financially will not occur.
          Case in point – a lawyer friend had someone install the cameras at his 2nd house and barn so he could watch over the goings on.  He inquired of the young men about how much a month the service would be and the response was ‘we will just cover it’ …..
          When the camera at the barn failed and he called for service, after 3-years, the young man responded that he was now out of business as he could not make a living and was doing something ‘else’….
          So, a now wiser lawyer called upon me to come out and look over the situation and YES he now did require a service agreement…..
 Respectfully,
Joseph (Joe) Pfefer, President & Founder
Jade Alarm Co.
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Response
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          Hope you’re smarter than then the first guy and used a Residential All in One.
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Suspending service at customer request
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Ken,
          We have a customer that wants to monitor their 1963 home.  However, there is an upcoming remodel whereas the subscriber intends to “pause” the monitoring while they remodel the home.  It will likely be at least a six-months project.  Having said that, I do not want to do less than a 3-year agreement.  Is there something to “pause’ the monitoring from a legal standpoint but also get the business?
 Thanks,
Anonymous
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Response
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          Sometimes, in fact most times, a simple few words can accomplish what some lawyers would prefer to turn into a 5 page agreement. 
          In your case the subscriber is letting you know about remodeling during the term of the agreement.  There are a few ways to document your agreement to suspend service.  Assuming you use the All in One, in the Schedule of Equipment and Services you can add one of following:
  1.  Subscriber intends to remodel during term and can therefore suspend service during the term for up to 12 months.  At end of remodeling work or 12 months, whichever is sooner, it is subscriber’s responsibility to restore alarm system to working order and nevertheless monitoring service under this agreement shall resume.  This contract is deemed extended for the period of the suspended period.
 2.  Subscriber may suspend monitoring service for up to 12 months upon request.
          If you are in contract already and get a call to suspend service you will need to document the suspension, probably using option one above.
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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