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 
************************************
whats the difference between a contract and terms and conditions / don't miss out on the Concierge Program
January 16, 2019

********************
whats the difference between a contract and terms and conditions
********************
    In a nutshell, none. A contract is defined as "a promise or set of promises that are legally enforceable and, if violated, allow the injured party access to legal remedies.     Contract law recognizes and governs the rights and duties arising from agreements."
    Terms and conditions are defined as "Terms of service (also known as terms of use and terms and conditions, commonly abbreviated as TOS or ToS, ToU or T&C) are rules by which one must agree to abide in order to use a service. Terms of service can also be merely a disclaimer, especially regarding the use of websites."
    Somewhat confusing. A contract necessarily includes terms and conditions which define the agreement. But terms and conditions have come to mean the conditions of use, usually of a website. Typically a client will ask me to prepare terms and conditions for use of a portal on a website. There are provisions that deal with access and use of the website. These provisions are followed by most of the provisions in the Standard Form Agreements. The Nationwide agreements are often combined with the website terms and conditions.
    While website terms and conditions for website use can be found on many websites that invite interaction, the alarm industry requires special provisions to insulate the alarm companies from exposure to liability. Attorneys who know how to draft terms and conditions for a website are not always expert in alarm contract terminology, especially the protective provisions. These provisions need to be drafted with precision, fine tuned, and constantly reviewed to make sure there hasn't been a shift in law in a particularly jurisdiction. 
    Might be a good idea to get your terms and conditions, and your alarm contract, from an attorney who specializes in these agreements. Our forms are found at www.alarmcontracts.com. I suggest you visit that page and select the contract and forms you need and use in your alarm operation.
*******************
​ 
CONCIERGE LAWYER SERVICE FOR THE ALARM INDUSTRY PROGRAM
********************
    This week we announce our CONCIERGE LAWYER SERVICE FOR THE ALARM INDUSTRY PROGRAM. I hope you decide to join. I promise we will make it worthwhile.  We want you to think of K&K as your attorneys and we hope to meet your every expectation.  Participation is limited so don't delay.  Now you can afford to have K&K on retainer and available when you need us.
You can check out the program and sign up here: https://www.kirschenbaumesq.com/page/concierge
***********************

NOTICE:  You can always read our Articles on our website at ww.kirschenbaumesq.com/page/alarm-articles
***********************
THE ALARM EXCHANGE

alarm classifieds alarm security contractsThis area is reserved for alarm classifieds, alarm company announcements, solicitations, offers, etc. Those wishing to sell or buy; borrow or lend; dealer program or dealer; central stations; insurance brokers; business  brokers, insurance companies. Equipment to sell; looking for employees; subcontractors; mergers;

There is no charge to post a listing here.Include your contact information, phone, email and web site.  If you would like to submit a posting, please send an email to ken@kirschenbaumesq.com.  To create a reciprocal link to our website, click here.
**************************************************************************************
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.  You can read articles and order alarm contracts on our web site www.alarmcontracts.com

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
516 747 6700
www.KirschenbaumEsq.com