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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 I suggest you visit that page and select the contract and forms you need and use in your alarm operation.
    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.
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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