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which to use: monitoring contract or All in One September 19, 2017

KEN KIRSCHENBAUM, ESQ
ALARM - SECURITY INDUSTRY LEGAL EMAIL NEWSLETTER / THE ALARM EXCHANGE
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which to use:  monitoring contract or All in One
September 19, 2017
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monitoring contract or All in One
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Ken
    I have both the Central Station Monitoring contract dated 9/11 and the Standard Residential All in One Security Agreement dated 1/15.
    We have many existing customers that we want to get new monitoring agreements signed.  The systems are already in and operating, so no new equipment is being sold and installed. 
    Should I use the Standard Residential Security Agreement since it is a newer version or the Central Station Monitoring contract since it is only for monitoring?
Thank you,
Renee
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Response
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    You are always better off getting the All in One signed again- and try to upgrade systems, not just get new contracts signed.  Subscribers should also be signing the Disclaimer Notice acknowledging that you have offered more services and equipment.  If the contract is old then it stands to reason that the system is old as well. Why get an updated contract signed without at least making the effort to update the system.  And, because technology has advanced so quickly, it is important to get the Disclaimer Notice signed, whereby the subscriber will be acknowledging that you did in fact offer additional security equipment and services, which were declined.  
    It's important to offer subscribers more, better, security - both equipment and services.  Why?  Because if they suffer a loss and the alarm system failed, or they think it failed, the subscriber will complain that you didn't offer more.  I can recall more than a few cases where phone line communication was out and the subscribers complained that they weren't offered radio backup.  The Disclaimer Notice lists lots of equipment and services the subscriber isn't getting.  If there is an obvious gap in security [sub refusing to pay for perimeter protection in upper floors of house or protecting back doors and windows] then you should make note of that on the Disclaimer Notice.  
    One reason the All in One agreements are the preferred form agreements is that these agreements contain all of the updated provisions for the widest range of equipment and services.  A subscriber would be hard pressed to explain how additional services were not mentioned when many items of service are listed in the contract and not "checked" as included.  Good example is Guard Response.  Most residential subscribers do not sign up for guard response, but there it is on the face of the Residential All in One as an optional service.  All they have to do is check the box, and pay for the service.  And don't think you don't offer it.  For the right price you can arrange it.  
    Same goes for alternate communication, cameras and audio.  Subscriber is annoyed when the false alarm fine is assessed?  Is the Alarm Verification option selected?  Perhaps it could have prevented the false alarm.  By the way, verification is not necessarily ECV.  It could be cameras or audio.  The point is, if the subscriber is willing to pay for the service you should be willing to provide it.  The All in One will encourage more equipment and services.
    As far as the Sept 2011 monitoring contract still on your desk, I have to ask.  Are you using any equipment or services that were not available until after 2011?  If you are then there is good chance that the contract won't cover it.  Think there have been new laws or new cases affecting alarm companies and enforcement of alarm contracts since 2011?  I am not clairvoyant and could not have anticipated those changes in 2011.  It's almost 2018.  If you don't think things have changed in 7 years, look in the mirror with the lights on.  
    Update your contracts first, then update your subscriber systems and contracts.  Even your 2015 All in One is outdated.  Update every two years.  It will be worth it and you'll thank me when it comes time to sell your alarm accounts.  Call our Contract Administrator Eileen Wagda at 516 747 6700 x 312 for assistance with your contract order awww.alarmcontracts.com
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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
ken@kirschenbaumesq.com
516 747 6700
www.KirschenbaumEsq.com