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is it time to dump POTS / non-disparagement clause March 30, 2017

KEN KIRSCHENBAUM, ESQ
ALARM - SECURITY INDUSTRY LEGAL EMAIL NEWSLETTER / THE ALARM EXCHANGE
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is it time to dump POTS  / non-disparagement clause
March 30, 2017
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Register for next webinar on April 11, 2017: See below for details.
TitleAll You Need To Know About Getting Top Dollar for your  Alarm Business -sale or financing
Register here: https://attendee.gotowebinar.com/register/3874048237745402369
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is it time to dump POTS
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Ken,
         The past several months we have been experiencing DACT telephone line communications problems with four Notifier UDACTs.  Another company I do some joint work with is experiencing the same issues.  The DACTs are not communicating with the central station and fail, unfortunately there is an issue with the UDACTs and when they fail the kiss off light remains on but does not signal the panel there is a problem.   I am going to notify UL of the issue.
         All that being said, Tech support from Honeywell/Firelite/Notifier and the central station all feel it is phone line issues.  In speaking with a different central station owner he stated they are converting about five systems a week to Internet and Cellular and getting rid of the phone lines.
         I was preparing a Disclaimer Notice for a new subscriber this morning and your wording basically states that it is recommended to use phone lines, now being problematic.
Jeff
Acme Fire Protection Inc
New York
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Response
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    I'm not the technical expert.  The Standard Form Agreements all recommend POTS because that was considered the most reliable form of communication, assuming it was available.  The Standard Form Agreements cover any communication pathway and certainly cellular, radio and Internet.  The Disclaimer Notice has a specific recommendation to use POTS and warns that Internet is less reliable.
    Does everyone or anyone agree that it's time to recommend something other than POTS as the best alternative when there are alternatives?
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non-disparagement clause 
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Ken,
    Thinking about the non-disparagement clause in 'form contracts'... Would seem to me that making such provision freely negotiable would address everyone's concerns.
    Your thoughts?
ANON
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Response
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    The non-disparagement clause can be in a negotiated contract, so if you make changes to your form agreement you can have that provision initialed and then hope it's enforceable.  The statute says its unenforceable, not that it renders the entire agreement unenforceable.  Therefore I think you can leave it in until you re-print.
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FREE Webinar Series "All You Need To Know About" alarm industry issues. 
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TitleAll You Need To Know About Getting Top Dollar for your  Alarm Business -sale or financing
When: April 11, 2017 noon EST
Where: Your computer for power point, live video and call in on computer or phone
What will be covered: General discussion about how to maximize the value of your alarm business and position yourself for sale or financing
Who should attend: Alarm company owners.
Presented by: Rory Russell, Acquisition Funding Services, www.afssmartfunding.com 888 551 0476
Register here: https://attendee.gotowebinar.com/register/3874048237745402369
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TitleAll You Need to know about Internet security and why is it relevant for the alarm industry 
When: April 25,  2017 noon EST
Where: Your computer for power point, live video and call in on computer or phone
What will be covered: Discussion of securing Internet devices.  Attacks by Mirai and other botnets and disruption to Internet services around the world made possible because of the millions of poorly secured cameras, DVRs and other installed network devices. 
Who should attend: Alarm company owners, general and technical managers
Presented by: Securifi, a leading router and smart home hub company, soon to be offering its own comprehensive Total Security Solution (Monitored Security + IoT Security + Parental Controls + Malware Blocking) to the alarm industry.  Rohit Somani     rohit.somani@securifi.com    855 969 7328  
Register here:  https://attendee.gotowebinar.com/register/6899604070803705091
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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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