*************************** 

Ken:

    According to AES' web site, "Offering AES mesh radio signaling gives you a differentiating advantage by offering an RMR service that is faster, more reliable and more profitable than any other technology."   

    Many alarm dealers are using AES radio's (which are sunset clause proof) and are here to stay.  AES infrastructure requires the deployment of IP links which entail some fairly expensive (thousands of $) equipment.  We have  21 IP link sites and ADS must have 50 sites.  IP links need AC power, space on the roof structure for 10' antenna, connectivity to the premises internet, connectivity to the premises phone line and connectivity to perhaps a cell "cradle" which is a cellular data link.

    All this equipment is vital to keep the radio "Mesh" solid.

    I rely on handshake deals, sometimes offering a client, (commercial & residential) free monitoring for the use of all their  facilities connectivity.  I fear if a real lega scary agreement is  presented many

clients may say "too much commitment for too little in  return".  Also it is not out of the realm to sweeten the pie if the "site" is  ideal for us demographically speaking.  We may offer to pay for our own Internet and POTS line.      Normally we piggy back on  the premise technology infrastructure.

    We, like most dealers, rely on a handshake for the IP installation link.  Do you think we should have a contract to protect our network and can it be piggy backed on the All in One Standard Forms if the sub or client has signed that agreement (sometimes we are not the alarm company in the building have no agreement at all)?

anon

**************************

Answer

**************************

    There is no doubt that you need an agreement with the property owner or one in control of the property and authorized that you install and maintain your service in the building.  You are in fact for all intent and purposes a tenant occupying space in the building.  A property owner would be remise not requiring you to enter into an agreement with the same formality and coverage as a lease.  You would want that also so that you don't have expensive installation and reliance on the site only to be told unexpectedly to vacate and remove your installation.   It's actually shocking that you and the property owners would consider the arrangement without an agreement. It is equally shocking that AES would allow dealers to create this network without proper contracts.  I am certain that the cell towers you see have agreements behind them.

    You would be better creating a "standard form contract" rather than presenting the idea to the property owner and asking him to send you a contract.  The property owner's contract is going to be a lease and it's going to have all of the provisions you would expect to find as a tenant in a lease.  Better you try and control the relationship with a form contract that the property owner accepts as sufficient since it's only your equipment that is in the premises.

You should expect to provide consideration, payment or barter.  You should expect to provide indemnity for damage during installation or service of your equipment, and indemnity from claims should the property owner be included in any lawsuit alleging failure of the network to permit communication to be received by the central station. 

   If you have an alarm in the building then the IP Link can be an add on to the Standard Form Contract.  I think I would actually prefer this.  If not I will have to create a separate standard contract form. AES should be the one to commission it and offer it to its dealers.  

**************************

TO SUBMIT QUESTIONS OR COMMENTS REPLY TO THIS EMAIL OR EMAIL Ken@Kirschenbaumesq.com.  Most comments and questions get circulated.