KEN KIRSCHENBAUM, ESQ ALARM - SECURITY INDUSTRY LEGAL EMAIL NEWSLETTER / THE ALARM EXCHANGE You can read all of our articles on our website. Having trouble getting our emails? Change your spam controls and whitelist ken@kirschenbaumesq.com ********************** Retaining fob to customer’s access control system July 6, 2023 ********************** Retaining fob to customer’s access control system *********************** Ken, I have a question regarding access control. I just learned this morning that the standard of the industry is to have the installing company enter its employee fobs into the customer's system so that when maintenance needs to be done, the customer is not bothered. My question was, "does the customer know this?" The answer was yes which brought my next question. How do we notify or ask permission to maintain these fobs? How should we handle this through the commercial All In One? Employees, tenants, etc., generally get a card, fob or some device to get the access control reader to enter their personal information into the system and open whatever they are attempting to gain access to. The installing company has such a device, registered to the company or the company's tech, maintained on the customer's data base so they can gain entrance for maintenance. When used, there is a record of its use. This also helps if the customer needs maintenance during hours when the customer is closed. My discomfort comes from the fact that we do not keep keys to customer's homes or businesses and this strikes me as exactly that. What liability comes along with the convenience and how do you protect the company? Stan *********************** Response ********************** I agree that this is akin to holding the customer’s key, a service that would be expected to be detailed in the contract with the customer. Interestingly enough a key holder provisions was in earlier alarm contract forms but for one reason or another was omitted. That will be addressed in updated contracts, both keys and cards and FOBs. Thanks for bringing this to my attention. By the way, the general “protective” provisions in the Standard Form Agreements will suffice to protect the alarm company from liability for holding keys and FOBs. The inevitable question, what if an employee goes “criminal” and uses the access for illegal purposes? In that case the alarm company employer would not normally be liable unless it was reckless in maintaining control over the key or fob or negligent in hiring the employee in the first place or retaining the employee after it was clear the employee could not be trusted. ******************** STANDARD FORM AGREEMENTS: To order up to date Standard Form Alarm / Security / Fire and related Agreements click here: www.alarmcontracts.com *************************** 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. *********************** 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 ************************* Wondering how much your alarm company is worth? Click here: https://www.kirschenbaumesq.com/page/what-is-my-alarm-company-worth ****************************** Getting on our email list / Articles archived: Many of you are forwarding these emails to friends or asking that others be added to the list. Sign up for our daily newsletter here: Sign Up. ************************** 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
