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updating systems 5G and are your contracts keeping pace
September 7, 2018
updating systems 5G and are your contracts keeping pace
    We have many customer systems communicating by cellular. We survived the the 2G problem and now wonder if we have to do anything in our contracts to prepare for the 3G/4G changes that are coming. Our systems will have to have 5G soon enough. Do our contracts require the subscribers to pay for the change over? We do use the All in One agreements provided by your office. 
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    The Standard Form Agreements have, for several years, addressed this issue, so you don't have to worry about the cost of any updates to the alarm systems. The All in One agreements require the subscriber to pay for the upgrades to the system when those changes are necessary because of obsolete equipment, systems or communication pathways.     That would include communication pathways no longer supported by the communication carriers.
     You should be careful not to sell and install equipment or systems that you know is obsolete or no longer supported by the manufacturer. If newer technology isn't yet available then of course you can use existing technology. Once the new technology becomes available you should no longer sell and install the older technology. 
    Those same principles apply to the Standard Form Agreements. The forms are updated continuously. When you order the contracts you get the most up to date provisions. We don't wait until the next year to add the new provisions, you get them now. Any other policy would have me providing you with forms that I know will be outdated within months. Of course, unlike equipment that may simply stop working, the Standard Form Agreements will be usable for many years.        Some clients use the same form for 10 or more years. Not smart, but the contract forms will still work to provide protection if the company is sued. Those forms don't address wireless systems and other newer technology, and that's the real problem. The Standard Form Agreements do a lot more than provide protection. They are designed to increase your sales and RMR. 
    Let me say that again, because it's something too many of you miss. You think in terms of providing protection if you're sued [and that's perhaps the number one consideration], teeth if you have to sue your subscriber [another consideration], and value for your company [because the Standard Form Agreements will command the highest multiple when you go to sell your business - because of all the other considerations].      But the Standard Form Agreements will help you structure your operation and sell more equipment and RMR services.
    One of the more difficult things I have to do is explain to alarm company owners why they are not getting offers for their company that they are hoping for. High expectations, but they have done very little to plan for an exit strategy. You cannot begin your plan without using up to date contracts. Once you use the up to date contracts almost everything else will fall into place. Call our Contract Administrator Eileen Wagda for assistance updating your contracts. Her number and contact is 516 747 6700 x 312 or

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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