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most important provisions in monitoring contract / comment on employee padding time sheets
October 10, 2018
most important provisions in monitoring contract
    If you had to list the top 5 clauses in order of priority that good monitoring contracts should have what would they be?
Victor Harding
Harding Security Services Inc.
Toronto , ON    M4T 1A3

    I should point out that I rarely recommend using just a Monitoring Agreement.  Monitoring is included as one of the services in the All in One agreements, and it's the All in One that you should be using.  A monitoring contract is appropriate if the only service you are performing is monitoring.  That means no installation, no repair service and no inspection.
    A properly drafted alarm, security or fire contract will have approximately 30 paragraphs, hundreds of sentences and thousands of words.  Almost all of the paragraphs, sentences and words are important, and each becomes the most important when the issue that arises depends on those specific terms.  I know that there are many in or who service the alarm industry who work with a check list when reviewing contracts.  They are checking the contracts in order to decide if they want to buy them, insure them or steal the wording from them and use them.  So they will be satisfied when they see a paragraph titled Exculpatory Clause; Indemnification; Limitation of Liability; automatic renewal; insurance requirements.  There's your 5.  But these provisions do not read the same from contract to contract; some are less effective than others and some are not effective at all.
    If you don't have and use The Standard Form Agreements you simply cannot be assured that you are using a contract with all of the proper provisions.
    If the issue becomes how a signal was responded to then the Monitoring paragraph will be important.  If the subscriber starts a class action or refuses to pay for services, the Legal paragraph becomes important.  Dispute regarding the term of the contract, then the Term paragraph is important.  Question on what is included in a Service Plan or the Warranty on a sale, or what's included in a lease, you have to look to the contract provisions.  
    So what's most important, the knife,fork, spoon, or napkin?  I can tell you the number one important thing for your business, using the 
Standard Form Agreements and keeping them updated and current and get them executed properly.

comment on employee padding time sheets from October 2, 2018
    Wait, what? You have an employee tasked with preventing loss stealing from you? And you didn't fire him/her?
    We caught someone years ago coming in early and stealing postage stamps from the receptionist's desk. We terminated him on the spot. We found out that he got another job and was caught loading merchandise from their client into his truck. Because of that, he's been banned from getting a PERC card in Illinois. (No PERC card, no workie in the alarm trades).  Then there's that pesky thing called negative publicity on the part of the alarm company when the theft makes the newspaper... 
    A thief is a thief and has no place working for an alarm company. 


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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
516 747 6700