Should you continue to monitor if account is in collection / Rate increases pursuant to contract / Sign up for Free Webinar February 11, 2021
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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 white list ken@kirschenbaumesq.com ****************************** Should you continue to monitor if account is in collection / Rate increases pursuant to contract / Sign up for Free Webinar February 11, 2021 ************************* Should you continue to monitor if account is in collection ********************* Ken If we have a client referred to K&K for collection, should we continue monitoring? If no, are we obligated to send a notice informing of the service cancelation? Regards, Alan *********************** Response *********************** It's a great question though not as easy to answer as you might expect. The reason it's not easy to answer is because it's not yes or no. There are various factors at play, such as: * does the subscriber claim the system isn't working or isn't being used and the central station's alarm history shows differently; that the subscriber is continuing to use the system and it's operational * if the subscriber is still using the system there is better chance of saving the customer if you are continuing to monitor. If however this customer is dead as Kelso's nuts, you can terminate monitoring. The All in One does not require notice but I'd give it anyway, setting a date and time that monitoring will be canceled. Make sure you cancel at that time. *********************** Rate increases pursuant to contract *********************** Ken I have a customer asking if the All in One says we can raise the rate after a year from the date of the contract or a year after the expiration of the contract term. Basically, does the “date hereof” mean the date of the contract or the expiration date of the contract (3 years from today)? Here is the provision: "The term of this agreement shall be for a period of 3 years and shall automatically renew month to month thereafter under the same terms and conditions, unless either party gives written notice to the other of their intention not to renew the agreement at least 30 days prior to the expiration of any term. After the expiration of one year from the date hereof Alarm Company shall be permitted from time to time to increase all charges by an amount not to exceed nine percent each year and ....." ************************ Response *********************** After the first year of the contract you can raise the rates by up to 9%. *********************** Webinar announcement: Register now for this informative webinar Title: Forensic Analysis of Non-Conforming Control Panel(s); the UL issue When: February 16, 2021 at 12 PM noon ET 1 hour. Will be recorded Topic: Analysis of risk if using control panels that don't meet UL and NFPA standards Presented by: Jeffrey Zwirn and Merton Bunker, PE former NFPA employee and Staff Liaison for NFPA 72 Hosted by: Ken Kirschenbaum,Esq Who should attend: Alarm company owners, AHJs, Nationally Recognized Testing Laboratories and manufacturers Sign up here:https://attendee.gotowebinar.com/register/7111976972157204240 ******************* NOTICE: K&K has two clients looking to sell alarm accounts. One company is near Orlando FL and the other outskirts of Miami FL. More details in The Alarm Exchange in the Merger and Acquisition category. *********************** To order up to dateStandard 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. *********************** NOTICE: You can always read our Articles on our website at ww.kirschenbaumesq.com/page/alarm-articles *********************** THE ALARM EXCHANGE
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