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

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is it time to dump POTS  / non-disparagement clause
March 30, 2017
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TitleAll You Need To Know About Getting Top Dollar for your  Alarm Business -sale or financing
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is it time to dump POTS
         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.
Acme Fire Protection Inc
New York
    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?
non-disparagement clause 
    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?
    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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TitleAll You Need To Know About Getting Top Dollar for your  Alarm Business -sale or financing
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Ken Kirschenbaum,Esq
Kirschenbaum & Kirschenbaum PC
Attorneys at Law
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