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Question: More On Electronic Contracts From August 26, 2014 Article
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Ken
    What is the best way to handle an electronic signature to make the contracts enforceable?
Pat Lane
Central Station Manager
Dehart Alarm Systems
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Answer
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    There are a number of commercial companies that offer electronic contract solutions.  They capture the signatures and store the electronic document.  You can also learn to do the electronic contracts yourself using available software.  The Standard Form Contracts can be used in electronic format.
    The important issue to remember is you must 

  • have the entire contract presented at time of signature
  • have a method of capturing a signature or other acknowledgment of consent
  • have a way of confirming the source of a document sent to you electronically
  • store the entire contract along with the source confirmation

    The goals of electronic contracts are several:

  • ease of execution
  • storage capacity
  • no degrading paper
  • ease of finding document and reproducing it

    Keep in mind that at the end of the day the electronic contract is probably going to be used for one of these purposes, so make sure you get it right:

  • reminding your subscriber of the deal
  • suing the subscriber
  • defending a case against you by sub or third party
  • selling the contract

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Non English contracts from August 22, 2014
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Ken
    English. I have dealt with this in Court in CA. CA law requires that the contract be written in a language that the consumer 'understands' fluent in, unless... the consumer provides their own interpreter! So the procedure is, our sales rep ONLY speaks English. if the customer 'claims' they do not speak English, then clearly they must, or they had their own interpreter, because we could not have sold them anything if they did not understand English, they speak 'Greek' and we represent that our sales rep.does not speak 'greek". ( just because his last name is 'Greek' does not means he speaks 'Greek" anymore than my last name means that I speak French! Works EVERY time!
Bruce Boyer
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TO SUBMIT QUESTIONS OR COMMENTS REPLY TO THIS EMAIL OR EMAIL Ken@Kirschenbaumesq.com.  Most comments and questions get circulated.

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                                               Speaking Engagements


If you would like to schedule a free live video/webinar presentation for your association meeting or event contact Eileen Wagda at 516 747 6700 x 312.

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Alarm Association of Greater St. Louis.   September 16, 2014.  at Tech Electronics HQs office at 6437 Manchester  Ave, St. Louis, MO 63139.  Meeting is from 11:45 – 1:30  Video conference presentation starting at 12:15 CST.  For more information or to register contact Tony Drago adrago@tyco.com  www.alarmstl.org
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NYSESA - September 17, 2014 at Honor's Haven Resort, Ellenville, NY.  This is the NYS Electronic Security Assoc annual meeting.  Presentation on updated contracts and current legal issues will be at 10:30 AM.  For more information or reservations contact Dale R. Eller, Executive Director (814) 838-0301  dalereller@itzsolutions.com
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Texas Burglar and Fire Alarm Association.  October 1 - 4, 2014,  annual convention at San Luis Resort Spa & Conference Center, Galveston, TX.  Register here:  http://tbfaa.org/tbfaa-2014-convention-trade-show-attendee-registration/
For more info contact Debi at 281-859-4569.  Brad Shipp, Executive Director
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Alabama Alarm Association.  AAA's Fall Meeting and Trade Show - October 21, 2014 from 3 to 5 PM at DoubleTree Hotel 808 South 20th Street Birmingham, AL 35205  for more info contact AAA Executive Director: director@alabamaalarm.org  (205) 933-9000 

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