Length of contract and cancellation right / Software webinars continue this week, register now October 9, 2023

KEN KIRSCHENBAUM, ESQ
ALARM - SECURITY INDUSTRY LEGAL EMAIL NEWSLETTER / THE ALARM EXCHANGE
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Length of contract and cancellation right / Software webinars continue this week, register now
October 9, 2023

SEE WEBINAR REGISTRATION BELOW – REGISTER NOW
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Length of contract and cancellation right
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Ken,
          This is an unusual request by the customer.
          "Subscriber can cancel any time but agrees to pay for a minimum of 36 monthly payments, due at time of cancellation.”
          This would only apply to the first 36 months of the contract. Post the initial 36 months, the contract would revert back to a year to year deal.  How can I word this in the contract?
  Kindest Regards
Frank P
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Response
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          The Residential All in One has a printed term of 5 years.  The commercial All in One agreements have a 10 year term.  All Standard Form Agreements renew month to month, unless you’re changed it, and I suggest you don’t change it.
          The easiest way to accommodate this subscriber’s request would be to reduce the term to 3 years; then the subscriber could cancel on 30 day notice.
          As you know the Standard Form Agreements have a liquidated damage provision that calls for 80% of the balance of the remaining term of the contract to me paid if the subscriber breaches the contract.  That, in essence, is your “early termination option”.
          You may be confronted with the subscriber question, “what is difference between early termination by paying the 80% and just defaulting and not paying anything?  One difference will be that legal fees will be added to the 80%.  By the way, in the event of subscriber breach there is more to the liquidated damages than the 80%, but those items of damage will depend on what else the subscriber owes at time of breach.
          The Standard Form Agreements are the product of many [almost 50] years of development and modification, after many, many, comments and suggestions by alarm dealers, changes in law and custom and practice.  The contract forms can be modified when necessary [to either fit or get the job] but you should find that just a slight change of words here and there will accomplish the change you want to make.
          Reminder, Concierge Clients get a free half hour each month for contract review and negotiations, which is the average time it takes to deal with the subscriber or its counsel to reach a mutually satisfactory agreement.  Join the Concierge Program and stop wondering where to get legal help, or hesitate getting legal help.  Call K&K Concierge Program Coordinator Stacy Spector,Esq at 516 747 6700 x 304 or email SSpector@Kirschenbaumesq.com or click here and you will be taken to K&K website which describes the Concierge Program in detail and permits you to sign up.  Good idea to do it now.
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SOFTWARE WEBINARS:

WEDNESDAY'S WEBINAR:
Title: WorkHorseSCS
When: October 11, 2023 noon ET
Why attend: Alarm business operating software solution for Sales, Field Service, Customer Service, RMR (Recurring Monthly Revenue), Electronic contracts and Digital Signatures, all conveniently housed in one unified platform. Streamlines your alarm company's processes with Single Point of Data Entry solution. Integrates with over 40 Central Stations, along with leading platforms like Alarm.com, Alula, resideo, SecureCom, and SecureNet.
Who should attend: Managers and owners
Presented by: Steven Hayes, 941.229.8200 steven.hayes@workhorsescs.com www.WorkHorseSCS.com
Hosted by: Ken Kirschenbaum, Kirschenbaum & Kirschenbaum PC
Register here: https://attendee.gotowebinar.com/register/3965237386615522648

THURSDAY'S WEBINAR:
Title:  Cornerstone Billing Solutions: Solutions for your alarm business operating software
When:  October 12, 2023 noon ET
Why attend:  Customer Management Software and Automated Recurring Billing in one cloud-based software platform. Live customer support. Cornerstone's software includes: complete subscriber records, recurring details, billing history, quotes, job tickets, service calendar, mobile tech app, inventory, robust reporting, collections, central station/alarm industry integrations, and more. Our automated recurring billing ensures 100% of recurring is billed.
Presented by: Scott MacDougal, Founder and Owner of Cornerstone Billing Solutions. (847) 405-9517 ext 2 ; scott@alarmbills.com     www.alarmbills.com
Hosted by: Ken Kirschenbaum, Kirschenbaum & Kirschenbaum PC
Register here:  https://register.gotowebinar.com/register/790183156955638876
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Software and central station webinars

          If you haven’t signed up for the webinars you’re making a mistake.  The live presentations offer you the opportunity to ask your questions and get answers.  You can join on any device including your office computer or your smart phone, so even if in the field or driving you can join and even participate.
          If you miss the live webinar, no worry.  It should be posted on the K&K Website for alarm webinars within a few days of the live presentation; go here to check: https://www.kirschenbaumesq.com/page/alarm-webinars
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Central Stations series: Why You Should Be Monitored By Our CS
Hear from the leading central stations and “Why you should be monitored by” that central station. The topic of remote operator monitoring from outside the central station facility and the dynamics that issue presents is sure to come up. The question you need to be asking is why isn’t your central station participating and why are you still using your central station if it’s not participating?

October 17, 2023 noon ET, Emergency 24
Registration Link:  https://attendee.gotowebinar.com/register/5032873072502046552

October 18, 2023 noon ET, Statewide Monitoring Corp
Registration Link:  https://attendee.gotowebinar.com/register/3560536843132524128

October 19, 2023 noon ET, Legacy Security Services
Registration Link: https://attendee.gotowebinar.com/register/4084258420664728661

October 24, 2023 noon ET, National Monitoring Center
Registration Link: https://attendee.gotowebinar.com/register/106284724856601695

October 25, 2023 noon ET, Dynamark Monitoring
Registration Link: https://attendee.gotowebinar.com/register/5050152997423183449

October 26, 2023 noon ET,  COPS Monitoring   Registration Link: https://attendee.gotowebinar.com/register/1774793620122519136

October 31, 2023 noon ET, Rapid Response Monitoring Center
Registration Link: https://register.gotowebinar.com/register/2959829660260960857
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STANDARD FORM AGREEMENTS: To order up to date Standard Form Alarm / Security / Fire and related Agreements click here: www.alarmcontracts.com
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CONCIERGE LAWYER SERVICE PROGRAM FOR THE ALARM INDUSTRY - You can check out the program and sign up here: https://www.kirschenbaumesq.com/page/concierge or contact our Program Coordinator Stacy Spector, Esq at 516 747 6700 x 304.
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ALARM ARTICLES:  You can always read our Articles on our website at www.kirschenbaumesq.com/page/alarm-articles  updated daily ***
THE ALARM EXCHANGE - the alarm industries leading classified and business exchange - updated daily.
https://www.kirschenbaumesq.com/page/alarm-exchange
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Click here:  https://www.kirschenbaumesq.com/page/what-is-my-alarm-company-worth

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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
www.KirschenbaumEsq.com