KEN KIRSCHENBAUM, ESQ
ALARM - SECURITY INDUSTRY LEGAL EMAIL NEWSLETTER / THE ALARM EXCHANGE
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Alarm.com contract issues
November 30,  2019
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Alarm.com contract issues  
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Ken,
            I will be participating in the Alarm.com builder program.  What this means is I will be selling home builders alarm/automation equipment during the build process, which may or may not be activated once homeowners take possession of their new homes.  The initial sale is with the builder for the equipment and monitoring until they sell the home.  Once the home is sold, I will naturally use your Standard All in One residential contract.
            Do you recommend I use the Commercial All-in-One contract with the builders prior to homeowners taking possession?
            Also, the builders I'm working with typically build 5-10 homes per month, so it would likely be onerous for builders (and me) to sign a new contract with me every time they build a house.  Should I use one contract with the builders that they sign once?
  Thanks,
Jon
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Response
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            Your transaction with the builder is a commercial transaction and you should use the Commercial All in One.  To avoid having to sign a separate contract for each house you should use the Rider for Multiple Locations.  Because you are installing and offering alarm.com services as an alarm.com dealer be sure to use the Alarm.Com Rider with the All in One contract.  
            When the homeowner takes over the property the correct contract will be the Residential All in One and the alarm.com rider.  
            Both the builder and each home owner would also sign the Disclaimer Notice.  
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Subscriber challenge to alarm.com contract terms
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Ken, 
            A client has an issue with A5 and A7 of the Alarm.com terms sheet.  This is an important client that we already have surveillance and access accounts with.  What do you recommend?
Matt B
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Response
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            My experience and understanding is that Alarm.Com will not make a single change to its contract or terms of use.  Don’t bother trying to find someone who will permit the change.
            You should let your customer know that it either signs the alarm.com contract or terms or you will have to find alternate equipment and services.  I assume there are in fact alternatives to Alarm.com and those vendors may be more accessible and flexible, or better yet, don’t require anything more than the Standard Form Agreement to be signed.  
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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
www.KirschenbaumEsq.com