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is term restricted in CA or elsewhere, automatic renewal, contract term, 3 day notice, Webinar on video, Sign up for All You Need To Know About Video Surveillance webinar, February 16, 2017

is term restricted in CA or elsewhere / automatic renewal / contract term / 3 day notice February 16, 2017
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DONT MISS TODAY'S WEBINAR - STILL TIME TO REGISTER AND ATTEND
TitleAll You Need To Know About Video Surveillance
Register here:  https://attendee.gotowebinar.com/register/6264618512556065793
When: February 16, 2017 at noon EST
Where: Your computer for power point, live video and call in on computer or phone
What will be covered: Discuss latest in video surveillance equipment and services
Who should attend: Alarm company owners, general managers, sales managers, video technicians
Presented by: Ari Erenthal, training manager for IPVM, the leading resource for independent news, reviews, and testing of cameras, VMS, NVRs, and more. (862) 414-3078 ari@ipvideomarket.info
Register here:  https://attendee.gotowebinar.com/register/6264618512556065793
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is term of contract restricted in CA or elsewhere
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Ken
    I had a customer asking us if we are allowed by CA law to do a 60 month contracts?
Are we allowed?
Thanks
Rotem Levy
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Response
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    I am not aware of any state statute that restricts the length of term of contract.  I believe ADT agreed to limit its term to two years but that will not affect any other alarm company.  Our Standard Form Agreements provide for a 5 year term for residential and 10 year term for commercial.  Of course you are free to change those terms on the printed form or for any particular subscriber.  For a specific subscriber you just cross out 5 and put in the number of years you have agreed to. 
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Yesterdays webinar on automatic renewal - in case you missed it, here is what we covered:
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1    What is an automatic renewal provision
2    Why should you include an automatic renewal provision in your contract
    Who will assume burden of notification, you, subscriber or no notification
3    Is the automatic renewal provision regulated, why and where
    Automatic Renewal - State by State
Arkansas, California, Connecticut, Florida, Georgia, Illinois, New Mexico, New York, North Carolina, Pennslyvania, Tennessee, Utah, Wisconsin
4    Should you be concerned about the automatic renewal provision if your state does not prohibit it or regulate it
5    Different ways to word the automatic renewal provision
6    Need you be concerned with length of term of automatic renewal
7    Will you be able to enforce the contract in automatic renewal
    Collections
    Defense
8    Are contracts in automatic renewal less valuable when selling
9    How the Standard Form Agreements include the automatic renewal provision
10     Best practices managing subscriber relations with automatic renewal
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term if no RMR
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Ken
    We recently purchased several of your alarm contracts. I have a few questions:
1. What do we do about the term of the agreement when we are not providing monitoring and service is on a per call basis? Example: home camera install.
2. Regarding the Commercial All in One can you explain the signature section for the customer side? There are two places for the customer to sign. Do they need to sign both or just one?
Thank you,
Jason Cigainero
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Response
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    You leave the term in the agreement; it's essential.  You will be providing repair service on a "per call" basis and you want to be sure that those service calls are governed by the extensive terms of the All in One Agreement.  If you used the All in One just for installation then the repair service may be performed on a handshake; you'd have no contractual protection.
    The Commercial All in One includes a signature for a guarantor.  You don't need a guarantor for the contract to be fully executed and binding.  The guarantee will of course come in handy if you have to sue on the contract to collect money owed to you, and that could be for installation or breach of the RMR provisions for the term of the agreement.
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3 day notice - business days
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Ken
    This is from Better Business Bureau, Published: 5/25/2011, Educational Consumer Tips re
Three Day Cooling-Off Rule (cancel contracts)
It is not intended as a report on any specific company. 
    The Federal Trade Commission's Cooling-Off Rule states that a purchase over $25, your right to cancel a contract for a full refund extends until midnight on the third business day after the sale (Saturday is considered a business day; Sundays and federal holidays are not). The Cooling-Off Rule only applies to sales at the buyer's home, workplace or dormitory, or at a temporary workplace of the seller (such as hotel or motel rooms, conventions centers, fairgrounds or restaurants).
Under the Cooling-Off Rule, the salesperson must tell you about your cancellation rights at the time of the sale. The salesperson must also provide copies of the cancellation form (one to keep and one to send) and a copy of your contract or receipt. The contract or receipt should clearly show the date, name and address of seller, and explain your right to cancel. 
    Also, the contract or receipt must be in the same language used during the sales presentation. In New York State the three-day cooling-off period does not begin until the seller gives you the "Notice Of Cancellation" form. Until a form is received, you may cancel the door-to-door sale by notifying the seller at any time, in any manner. You do not have to give a reason for canceling; it is your right to change your mind. Nevertheless, it is suggested you send the cancellation notice in writing. You should send a certified letter with return receipt requested. 
    If you terminate a contract, within 10 business days the merchant must cancel and return any papers you signed, refund your money, tell you whether any product left with you will be picked up, and return any trade-in. Within 20 days, the merchant must pick up any items left with you, or, if you agree, pay any shipping expenses for you to ship them back. If you received any goods from the seller, you must make them available to the seller in as good condition as when you received them. If you do not make the items available to the seller, or if you agree to return the items and fail to do so, you remain obligated under the contract. 
    However, there are some exceptions to the Cooling-Off Rule. The rule does NOT apply to:
*sales made at the sellers' usual place of business
*sales under $25
*sales made totally by phone or mail
*sales for real estate, insurance or securities
*sales for emergency home repairs
*sales that are made as part of your request for the seller to do repairs or maintenance on your personal property (purchases made beyond the covered maintenance or repair request are covered)
*sales that begin in a retail location and finish with a contract signing in your home (such as ordering a carpet at a store and signing the contract when someone comes to your home to measure the floor)
*sales made at the sellers' usual place of business when a contract is signed to purchase a car, furniture, a computer, or a stereo system
*sales of goods or services not intended for personal, family or household purposes (courses of instruction and training are covered by the cooling-off rule)
    If you paid by credit card and a billing dispute arises, you should notify the credit card company and dispute the purchase. 
    If you have a complaint that may concern the Cooling-Off Rule the BBB suggests you contact:
Better Business Bureau 
(800) 828-5000 
bbb.org/upstate-new-york 
Federal Trade Commission (FTC) 
ftc.gov
New York State Attorney General's Office 
ag.ny.gov 
This information is general in nature, and is not to be interpreted as a Business Review on any specific company.
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 When the sale is made over the phone, the 3 day cancellation form is not necessary
 Gary Puckhaber, President
Action Security & Communications
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Response
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    Thanks Gary for taking the time to share this information
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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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TitleAll You Need To Know About Video Surveillance
When: February 16, 2017 at noon EST
Where: Your computer for power point, live video and call in on computer or phone
What will be covered: Discuss latest in video surveillance equipment and services
Who should attend: Alarm company owners, general managers, sales managers, video technicians
Presented by: Ari Erenthal, training manager for IPVM, the leading resource for independent news, reviews, and testing of cameras, VMS, NVRs, and more. (862) 414-3078 ari@ipvideomarket.info
Register here:  https://attendee.gotowebinar.com/register/6264618512556065793
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Title: All You Need To Know About Selecting the Right Broker to Sell Your Alarm Business
When: February 23, 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 finding the right broker to represent you on the sale of your alarm business
Who should attend: Alarm company owners
Presented by: Ron Davis and Steve Rubin from Davis Mergers and Acquisitions Group, the 
Graybeards rdavis@graybeardsus.com srubin@graybeardsus.com
Register here:   https://attendee.gotowebinar.com/register/8548769256865453057
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Title: All You Need To Know About modern nationwide central station operations and how to select the best central station for your needs
When: February 24, 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 what you should expect from your modern nationwide central station and how to select the best central station for your needs
Who should attend: Alarm company owners, general managers, sales managers, sales staff
Presented by: Morgan Hertel from Rapid Response MHertel@rrms.com
Register here:   https://attendee.gotowebinar.com/register/507826318172222465
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Title: All You Need To Know About Fire Alarm Systems and Taking Over Fire Alarm Systems
When: March 1, 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 issues to consider when installing, servicing or inspecting fire alarm and when taking over an existing system
Who should attend: Alarm company owners, general managers, sales managers, technician managers
Presented by: Jeff Zwirn JeffZwirn@alarmexpert.com
Register here:   https://attendee.gotowebinar.com/register/4756737271107996417
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Title: All You Need To Know About Standard Fire Protection All in One Agreement Covering Installation, Inspection, Service of Sprinkler System, Portable Extinguishers, Kitchen Hood, Smoke Detectors, Fire Pump
When: March 2, 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 the Standard Fire Protection All in One provisions including scope of work, liability limitations, insurance issues, indemnity issues, how to handle subscribers who won't sign or want you to sign their agreement. 
Who should attend: Alarm company owners, general managers, sales managers, sales staff
Presented by: Ken Kirschenbaum, Esq.
Register here:   https://attendee.gotowebinar.com/register/658147149875346945
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Title: All You Need To Know About Alarm Licensing and Contracts for DIY 
When: March 9, 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 licensing in the alarm industry for DYI. Different types of licenses, where you need them and how you get them. How and when to use License Holders or Qualifiers for your business and how to become a license holder for a company. Risks involved in not being licensed. Contract you will need for nationwide DIY monitoring agreements.
Who should attend: Alarm company owners, general managers, compliance managers and license holders.
Presented by: Ken Kirschenbaum, Esq.
Register here:   https://attendee.gotowebinar.com/register/2585168820901654273

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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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