Going Digital  

April 4, 2013

 

Question

*************************

Ken,

We are contemplating two paperless options.  

1.  Starting with a wet ink signature, scanning and destroying the original

2.  All digital forms

In either case, we would use a third party to provide comprehensive data protection, security and back up, as well as retain our own back ups.  The hard copy would not be destroyed for 30-60 days as a precaution.

Are there any considerations with going to electronic files for alarm contracts?  

In general, would a digital/scanned signature be legally defensible document and acceptable when selling contracts?

Thank you for all your email articles, they are very informative.

Chad 

*************************

Answer

*************************

    Both options are acceptable.  You can scan and destroy the paper.  You can start with a digital contract.  Considerations?  Almost the same as using only paper contracts.  When you need the contract you'll need to be able to find the entire contract, show the signature, confirm it was signed by the party who is named, and that the contract was not altered after signing.  

    I'm not really sure who is likely to scrutinize the contract more carefully, a judge deciding whether to admit it into evidence, or a buyer of your subscriber contracts.  You should be prepared to meet either contingency and criteria.  

Whether you use one of the companies that offer digital contract execution and storage or you create your own digital contracts, be certain to retain the entire form and the cancellation form.  Digital forms are acceptable, but not better, when it comes to admissibility in court or selling to an interested buyer.

    Obviously whether you use paper or digital you have to start with a proper contract.  Get that here:  www.alarmcontract.com


**********************************************************************************************************
TO SUBMIT QUESTIONS OR COMMENTS REPLY TO THIS EMAIL OR EMAIL Ken@Kirschenbaumesq.com.  Most comments and questions get circulated.
******************************************************************************************************************