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invoicing in advance and renewal term May 3, 2017

KEN KIRSCHENBAUM, ESQ
ALARM - SECURITY INDUSTRY LEGAL EMAIL NEWSLETTER / THE ALARM EXCHANGE
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invoicing in advance and renewal term
May 3, 2017
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Next Webinar: May 9, 2017.  
Title: All You Need to Know Before You Add DIY to Your Business
Presented by: Megan McDonald, VP of Marketing, Alarm Capital Alliance and MyAlarm Center
Register here:  https://attendee.gotowebinar.com/register/1457595459244475906
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invoicing in advance and renewal term
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Ken,
    Warning: The following question is clearly a 'splitting hair' session but I actually would like to know.
    We invoice annually IN ADVANCE for services; 60 days in advance of expiration of the term already paid for, and NET 30.  This way we have the NEXT 30 days to send letters, yadayada, until the final 10 day count down - at which time we send notice that without payment monitoring will cease at midnight of the 60th day.
    After 5 years on a 5 year term, the contract protections are monthly of course, absent of a new contract. Since, I invoice annually, and do not always demand a fresh contract (some clients remain bound only month-to-month under same protections...), are they actually in default on the 61st day or the 60th? Or do I have to wait the month for them to actually breach the contract due to non-payment?
    In other words, should I wait to send the cancellation notice until they enter a monitoring period not paid for?  Since my monitoring center invoices monthly to us, this would cause me to eat that month.  Not a big deal, but annoying.
PM
name withheld
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Response
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    Your subscriber who goes into month to month renewal is committed to the renewal period unless a cancellation notice is sent at least 30 days in advance of the renewal.  You may have problem if you invoice a month to month subscriber for the year, in advance.  For sure you will have to refund for any period after the contract is properly canceled.
    Your billing practice should be provided for in the contract.  The Standard Form All in One agreements provide for you to insert the monthly charge and then the period of invoicing.  Since this is agreed to by the subscriber the practice is acceptable unless a statute prohibits invoicing in advance for future services.  More than one state has such a prohibition.  Best practice is invoicing month to month, especially if the renewal terms are month to month.  If you refund appropriately it shouldn't be a problem, but you "big" guys better watch out for the class action fellows.
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WEBINARS:  Sign up for any or all of the webinars that interest you.
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FREE Webinar Series "All You Need To Know About" alarm industry issues. 
Register for one or all.  Each presentation scheduled for half hour to hour.  Not recorded.
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Title: All You Need to Know Before You Add DIY to Your Business
When: May 9, 2017 12 noon EST
What will be covered: This session will cover the basics of the DIY model, the critical factors of succeeding with a DIY business, the DIY customer and how the market has shifted over the last few years.
Who should attend: Alarm company owners, managers and those interested in DIY business model
Presented by: Megan McDonald, VP of Marketing, Alarm Capital Alliance and MyAlarm Center. 866-484-4800 x 8470   megan.macdonald@myalarmcenter.com 
Register here:  https://attendee.gotowebinar.com/register/1457595459244475906
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Title: All You Need to know about getting NICET certified
When: May 23,  2017 noon EST
Where: Your computer for power point, live video and call in on computer or phone
What will be covered:  Why you should get NICET certified and how to do it
Who should attend: Alarm company owners with technical skills, technicians
Presented by:  Bryan McLane, National Training Center, 4148 Mantle Ave., N Las Vegas, NV 89084. Direct phone 828-649-1337  Bryan@NationalTrainingCenter.net
Register here: https://attendee.gotowebinar.com/register/1545079201485816579
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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
516 747 6700
www.KirschenbaumEsq.com
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