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OMITTING PROVISIONS IN THE STANDARD FORM AGREEMENTS
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Ken
    I have some questions in regards to editing the Standard Form Agreements. Specifically the Residential All in One and the Commercial All in One.
    We do not provide Alarm Signal Verification, Runner Service or Guard Service. 
Is it advised to leave them in the contract, as is, remove those sections altogether, or replace it with a blurb stating we do not provide this service? (Example, replacing Paragraph 8 of the Res-All-In-One with "Runner Service- Alarm Co does not provide Runner Service.")
    On the contracts there is a section for putting in Credit Card numbers or Bank information for ACH Payments. We keep both a hard copy and a scanned copy of the contracts. Would there be any issues with having that information on those pages in storage? 
    I may have more questions in the future, but as I read through this now, this is what I've come up with so far.
Thanks
Ben
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Response
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    The Standard Forms are of course, standard.  That means they are designed to cover the broadest range of services.  Because of the form design I believe the agreements actually assist in selling additional product and services, and each are separately priced, which increases RMR on each job.  It is important to offer your subscribers all of the security or fire protection that they need and want to pay for.  That may include services that you don't actually perform yourself, or routinely offer.  However, you more than likely subcontract those services, such as central station monitoring, or you can arrange those services if the subscriber is willing to pay for them, such as patrol and guard response.  
    Also, keep in mind that you may actually be performing some of the services that are separately priced without realizing it.  Alarm verification is a good example.  Your central station does do verification when required or as matter of course.  
    Since you offer additional security upon request, or want the subscriber to know that more is available from you or someone else, it's better to leave in runner and guard service, unless you need to space for something else that the Standard Form omits.  If one of your subscribers wants guard response you could probably get a subcontractor to do it.  I'd leave it in.
    Not every alarm company is interested in such customization.  You may be doing mass marketing and installations offering a very basic system for a nominal price.  Your installation crews go through a neighborhood like Sherman went through Atlanta, just a few hours per installation and on their way; no time to upsell or get involved with contract negotiations or changes, or special request services.  You may need the Standard Form customized.  Give me a call to arrange that customization.  But most alarm companies are happy to upsell and customize alarm installation and service, so the Standard Forms work well.
    On the contracts there is a section for putting in Credit Card numbers or Bank information for ACH Payments. You can keep both a hard copy and a scanned copy of the contracts in storage.  You should have a Red Flag Policy of safeguarding the information.  You can also redact the social security number, credit card number and bank information, without destroying the integrity of the contract should you need to produce it later.  But if you take precaution to safeguard the information you don't have to redact the documents.  
     I want to take this opportunity to mention that the form agreements that you should be using are the All in One forms.  We still offer the separate forms, such as Sale, Monitoring, Service, but these forms have essentially been replaced by the All in One forms because the All in One forms cover all of the separate services that you most likely provide or can arrange.  When someone orders one of the older separate forms we always suggest that they reconsider and get the All in One form.  The separate forms are, however, up to date and revised as we continuously update and revise the All in One forms.  I know contract forms are being offered by other attorneys, but be mindful that our Standard Forms are reviewed on a regular and frequent basis for compliance with laws in all jurisdictions and to cover new technology and issues facing the alarm industry.  We frequently update the Standard Forms and you should consider getting new Standard Forms at least every two years.  If you check with our Contract Administrator Eileen Wagda at 516 747 6700 x 312 she can let you know if your contract form could use updating.  That recommendation will range from "no update needed", "there have been updates but your forms are reasonably current" to "your forms are out of date and should be updated".  Just because your 2006 Town Car still runs doesn't mean you couldn't use an update.  new technology, like cameras, are now available.  Same with your alarm contracts.
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COMMENT ON USING THE NICET MARK ON DRAWINGS FROM ARTICLE ON JUNE 4, 2016
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Ken.
    In reply to August Conte's inquiry on June 4, 2016:
    August asked about Shop drawings for submission to the AHJ, observing that: "This stage (after the award of the contract) takes the general (scope) or specific design requirements of the bid documents and adds the details of the system to be installed. These details outlined in NFPA 72 include wiring requirements, NAC calculations, battery calculations, detailed connection drawings, etc., all of which are manufacturer and installation-specific. It is for this reason that many AHJs want to see a NICET or PE seal on the shop drawings."
    NICET publishes the following statements regarding use of their seal:
"It is NOT acceptable to use the support statement, NICET-certified mark or anything custom-designed to stamp/seal drawings or other project documents."
    And:
"Unauthorized use of NSPE trademark or copyright protected material by any entity individual, company or group) other than NSPE or NICET is strictly prohibited under U.S. Federal Law, and will be subject to legal prosecution."
    Ken may be better qualified to interpret that first statement, but to my untrained eyes it says "don't steal their seal".
Regards,
Dan Zeloof
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RESPONSE
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    You cannot use a trademark without the express consent of the owner of that MARK.  NICET is no different.  Adding a NICET seal to a document would lead someone to think that NICET has approved the document.  What you can do is add a statement that these "drawings comply with NICET standards", but you shouldn't use the Mark.  
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T