Subscribers responsible for program changes / liability for terminating temporary fire alarm monitoring November 7, 2019
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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 ******************************* Subscribers responsible for program changes / liability for terminating temporary fire alarm monitoring November 7, 2019 ************************* Subscribers responsible for program changes ************************* Ken More and more we are finding ourselves connected to customer networks to provide remote access and functionality for alarm, video surveillance, and access control. Periodically our stuff will go offline due to changes they have made in their networks; could be someone unplugged something, changed a router, etc. The symptom is that our stuff is "broken" but the cause is actually the customer's changes. My question is, what language should we add to our proposal and/or agreement to make the customer aware that these network changes are their responsibility and not included in warranty or service plan coverage? Thanks in advance! Matt B ********************************** Response ********************************** The RMR service plan offered in the All in One agreement is very clear that only ordinary wear and tear to equipment is included. Any other repairs will be at the subscriber’s expense. Since the All in One exonerates you from any liability for just about any reason except gross negligence and willful misconduct there is little likelihood that a subscriber could expect you to be liable for the subscriber’s programming error. I’ll take a look at the All in One forms and see if any modification is appropriate. *********************************** liability for terminating temporary fire alarm monitoring from article on October 7, 2019 ************************************** Ken If contractor doesn't pay you can't just stop monitoring or are you still liable. Its life safety. Name withheld **************************** Response **************************** You are supposed to comply with the terms of your contract and the law. Does your contract state that you are required to continue providing service even if the subscriber stops paying you? Sounds dumb, but maybe you need to read the fine print in some of those vendor – subscriber agreements that gets presented to alarm companies. Monetary disputes sometimes require continued service and performance. Use the Standard Form All in One agreements and you don’t have to continue providing any service at all once the subscriber is in default. For fire alarms that have permits you may have to notify the AHJ that fire alarm monitoring has terminated, but you can terminate. While notice is not required in the All in One it’s a good idea to give notice of termination. It’s important that the notice be unequivocal – that means clear and without room for interpretation or mistake in meaning. Your notice of termination should be just that, a notice that the service will terminate on a date and time certain. So what should that notice not contain? Any action by the subscriber that could excuse or extend the termination. It’s too late for that. And just as important, make sure you terminate service exactly when you said you would because you don’t have a contract after that termination date. Subscriber wants to cure the default after your notice of termination goes out? Then would have to send another notice rescinding the first notice, or require the subscriber to enter into a new contract. Make sure it's an up to date contract form. *********************** To order up to date Standard Form Alarm / Security / Fire and related forms, click here:www.alarmcontracts.com ************************* CONCIERGE LAWYER SERVICE FOR THE ALARM INDUSTRY PROGRAM 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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