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MORE ON ELECTRONIC CONTRACTS FROM JANUARY 18, 2017 ARTICLE
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Ken
In regards to the article about electronic signatures and enforcement from January 18, 2017, we use a program called PandaDoc and they have a statement on their website in regards to this that states: "Secure and Legally Binding. PandaDoc’s eSignatures are secure and legally binding. They are compliant with both UETA and the Federal ESIGN Act, in addition to being recognized by many countries worldwide."
They don't have a consent form but they have that statement. Would that cover us or would we still need to get a consent form?
Thank you!
Respectfully,
M
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RESPONSE
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The above statement is not sufficient for alarm company purposes. Electronic contracts, signed electronically, are enforceable in the same manner and under same conditions as paper contracts. The above notice seems to make that statement. However in the alarm business, especially if you deal with "consumers" [generally defined as residential customers] you are required to provide certain documents to the consumer. You can't provide the documents electronically unless you have the consent from the customer, and that consent has to be in certain form to comply with the Federal Statute.
You should be using the DIsclosure and Consent to Electronic Communication that you can get at www.alarmcontracts.com.
We have a webinar on electronic contracts scheduled for February 2, 2017. See the schedule below.
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DELIVERING COPY OF CONTRACT
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Ken
We have started using your contract in an electronic form. We automatically send the executed copy to the email of the subscriber. Would we also need to print out a hard copy and snail mail it to them?
Regards,
Sally
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RESPONSE
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With electronic contracts you have two choices:
- sign electronically and then deliver a hard fully executed copy of contract to customer. At least for residential customers the contract will not be delivered and therefore binding until the customer actually gets the hard copy.
- use the Disclosure and Consent to Electronic Communication form and then email the customer the fully executed contract. For residential customers you also email the notice of cancellation form after you fill it out.
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WEBINARS: Sign up for any or all of the webinars that interest you.
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FREE Webinar Series "All You Need To Know About" alarm industry issues.
Register for one or all. Each presentation scheduled for half hour to hour. Not recorded.
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Title: All You Need To Know About electronic contracts for the alarm industry
When: February 2, 2017 at noon EST
Where: Your computer for power point, live video and call in on computer or phone
What will be covered: General discussion about electronic alarm contracts, execution and delivery. Introduction to SedonaOffice's eForms service.
Who should attend: Alarm company owners, general managers, sales managers
Presented by: Michael Marks 440-804-4517 SedonaOffice michael@perennialsoftware.com
Register here: https://attendee.gotowebinar.com/register/6112404321829619713
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Title: All You Need To Know About Preparing Your Company For A Sale
When: February 7, 2017 at 12 noon EST
Where: Your computer for power point, live video and call in on computer or phone
What will be covered: General discussion about preparing your company for sale
Who should attend: Alarm company owners
Presented by: Kelly Bond, Alarm Capital Alliance kelly.bond@alarmcapital.com
Register here: https://attendee.gotowebinar.com/register/8406180190928568833
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Title: All You Need To Know About PERS - Personal Emergency Response Service
When: February 8, 2017 at noon EST
Where: Your computer for power point, live video and call in on computer or phone
What will be covered: the state of the PERS industry, demographics here now and ahead, financial and business models, PERS solutions available, mobile PERS and where this will likely end up in the near future. Introduction to Essence-USA 's Smart Alerting and partnership with Affiliated Central Station.
Who should attend: Alarm company owners, general managers, sales managers, sales staff
Presented by: Josh Locke, Director of Sales Essence-USA.com JoshLo@Essence-USA.com 734.667.5958 cell: 734.709.5609
Register here: https://attendee.gotowebinar.com/register/2770642138855812865
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Title: All You Need To Know About consumer alarm contracts
When: February 9, 2017 noon EST
Where: Your computer for power point, live video and call in on computer or phone
What will be covered: What makes consumer contracts different and compliance issues.
Who should attend: Alarm company owners, general managers, sales managers, sales staff
Presented by: Ken Kirschenbaum, Esq.
Register here: https://attendee.gotowebinar.com/register/9083897168057308673
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Title: All You Need To Know About Automatic Renewal Provisions in Alarm Contracts
When: February 15, 2017 at noon EST
Where: Your computer for power point, live video and call in on computer or phone
What will be covered: The why, where and how of automatic renewal provisions in alarm contracts
Who should attend: Alarm company owners, general managers, sales managers, sales staff
Presented by: Ken Kirschenbaum, Esq.
Register here: https://attendee.gotowebinar.com/register/3498770624606417921
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Title: All You Need To Know About Video Surveillance
When: February 16, 2017 at noon EST
Where: Your computer for power point, live video and call in on computer or phone
What will be covered: Discuss latest in video surveillance equipment and services
Who should attend: Alarm company owners, general managers, sales managers, video technicians
Presented by: Ari Erenthal, training manager for IPVM, the leading resource for independent news, reviews, and testing of cameras, VMS, NVRs, and more. (862) 414-3078 ari@ipvideomarket.info
Register here: https://attendee.gotowebinar.com/register/6264618512556065793
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Title: All You Need To Know About Selecting the Right Broker to Sell Your Alarm Business
When: February 23, 2017 noon EST
Where: Your computer for power point, live video and call in on computer or phone
What will be covered: General discussion about finding the right broker to represent you on the sale of your alarm business
Who should attend: Alarm company owners
Presented by: Ron Davis and Steve Rubin from Graybeards rdavis@graybeardsus.com srubin@graybeardsus.com
Register here: https://attendee.gotowebinar.com/register/8548769256865453057
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Title: All You Need To Know About modern nationwide central station operations and how to select the best central station for your needs
When: February 24, 2017 noon EST
Where: Your computer for power point, live video and call in on computer or phone
What will be covered: General discussion about what you should expect from your modern nationwide central station and how to select the best central station for your needs
Who should attend: Alarm company owners, general managers, sales managers, sales staff
Presented by: Morgan Hertel from Rapid Response MHertel@rrms.com
Register here: https://attendee.gotowebinar.com/register/507826318172222465
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Title: All You Need To Know About Fire Alarm Systems and Taking Over Fire Alarm Systems
When: March 1, 2017 noon EST
Where: Your computer for power point, live video and call in on computer or phone
What will be covered: General discussion about issues to consider when installing, servicing or inspecting fire alarm and when taking over an existing system
Who should attend: Alarm company owners, general managers, sales managers, technician managers
Presented by: Jeff Zwirn JeffZwirn@alarmexpert.com
Register here: https://attendee.gotowebinar.com/register/4756737271107996417
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Title: All You Need To Know About Standard Fire Protection All in One Agreement Covering Installation, Inspection, Service of Sprinkler System, Portable Extinguishers, Kitchen Hood, Smoke Detectors, Fire Pump
When: March 2, 2017 noon EST
Where: Your computer for power point, live video and call in on computer or phone
What will be covered: General discussion about the Standard Fire Protection All in One provisions including scope of work, liability limitations, insurance issues, indemnity issues, how to handle subscribers who won't sign or want you to sign their agreement.
Who should attend: Alarm company owners, general managers, sales managers, sales staff
Presented by: Ken Kirschenbaum, Esq.
Register here: https://attendee.gotowebinar.com/register/658147149875346945
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Title: All You Need To Know About Alarm Licensing and Contracts for DIY
When: March 9, 2017 noon EST
Where: Your computer for power point, live video and call in on computer or phone
What will be covered: General discussion about licensing in the alarm industry for DYI. Different types of licenses, where you need them and how you get them. How and when to use License Holders or Qualifiers for your business and how to become a license holder for a company. Risks involved in not being licensed. Contract you will need for nationwide DIY monitoring agreements.
Who should attend: Alarm company owners, general managers, compliance managers and license holders.
Presented by: Ken Kirschenbaum, Esq.
Register here: https://attendee.gotowebinar.com/register/2585168820901654273
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