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Inoperable subscriber networks and who is going to pay for repair calls
October 8, 2019
Inoperable subscriber networks and who is going to pay for repair calls
            More and more we are finding ourselves connected to customer networks to provide remote access and functionality for alarm, video surveillance, and access control.  Periodically our stuff will go offline due to changes they have made in their networks, could be someone unplugged something, changed a router, etc.  The symptom is that our stuff is "broken" but the cause is actually the customer's changes.
            My question is, what language should we add to our proposal and/or agreement to make the customer aware that these network changes are their responsibility and not included in warranty or service plan coverage?
            Thanks in advance!
            The Standard All in One agreements already have the following provisions in various paragraphs.  Does anyone think we need more than this? Keep in mind that the Service Plan with the RMR covers only ordinary wear and tear.  The Limited Warranty would obviously not cover this repair call either.
ALARM COMPANY shall have no responsibility for failure of data transmission, corruption or unauthorized access by hacking or otherwise and shall not monitor or view the camera data.©
Subscriber is responsible for supplying high-speed Internet access and/or wireless services at Subscriber’s premises.   ALARM COMPANY does not provide Internet service, maintain Internet connection, wireless access or communication pathways, computer, smart phone, electric current connection or supply, or in all cases the remote video server. ©
ALARM COMPANY is not responsible for Subscriber’s access to the Internet or any interruption of service or down time of remote access caused by loss of Internet service, radio or cellular or any other mode of communication used by Subscriber to access the system. Subscriber acknowledges that Subscriber's security system can be compromised if the codes or devices used for access are lost or accessed by others and ALARM COMPANY shall have no liability for such third party unauthorized access ©
ALARM COMPANY shall have remote Internet access to the Subscriber’s designated access control computer to program and make data base updates to the system.  Subscriber is responsible for maintaining its computer and computer network and Internet access. ©
Telephone or internet access is not provided by ALARM COMPANY and ALARM COMPANY has no responsibility for such access or IP address service.   If system has remote access ALARM COMPANY is not responsible for the security or privacy of any wireless network system or router, and it is the Subscriber’s responsibility to secure access to the system with pass codes and lock outs.   ALARM COMPANY shall have no liability for unauthorized access to the system through the internet or other communication networks or data corruption or loss for any reason whatsoever.©

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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