**************************
ANOTHER WHACK AT NICET
***********************
Ken
    Re question is NICET is no longer required.  In a sense, yes, NICET is dead.  For an organization that preaches professionalism they are anything but. in my experience I had to wait 4 months to get the results for my first test and more than 5 months the second time around. If I had needed NICET certification as a condition of employment, I would have been $hit out of luck. Emails go unanswered, telephone calls ALWAYS go to voicemail and messages are very seldom returned.
ANON
**********************
TAKE OVER SUB WITH NO CONTRACT
**********************
Ken,
    Just signed up for your newsletter – huge resource, thank-you! Here’s my query and I would prefer to remain anonymous.
    Subsequent to an acquisition, one occasionally has customers who, for one reason or another, have no existing or current contract with their previous provider and delay or refuse to sign a contract with you; preferring to go month-to-month. My layman’s understanding of contractual law notwithstanding, I always assumed contracts are designed to protect both parties.
    To what level of liability are we exposed for whatever period we are monitoring with no contract? Are you better to simply walk away from this customer.
anon
**************************
RESPONSE
**************************
    I suppose contracts in a sense "protect" both parties, but the purpose of the written contract is to memorialize the bargain struck.  In the alarm contract the subscriber's protection consists of the description of service and cost, along with installation schedule and other issues.  But the alarm contract is far more important to the alarm company.  The contract is the alarm company's most important asset.  It's necessary to collect what the subscriber agreed to pay and it's necessary to defend against claims demanding damages that the alarm company has expressly "contracted" not to be responsible for.  
    You take considerable risk taking over subscribers without a contract in place and, whether there is no contract or a hopelessly out of date and inadequate contract, you should take immediate steps to sign the subscribers on new current contract forms [www.alarmcontracts.com is where you get those].  Continuing to service subscribers without contract protection is foolish.  And a fool and his money are soon parted.  Use proper contracts and keep them updated.
***************************
ELECTRONIC CONTRACTS
***************************
Ken,
    If you are having customers sign electronic documents to renew their initial agreement, without ever visiting their home, all done over the Internet, why would 3-day law apply?  Granted, better to be safe and include two 3-day forms for them to sign electronically, but do you still feel it’s required?
Sincerely,
Stu
*************************
RESPONSE
*************************
    No I don't think it's required under those circumstances.  But I may not be your "buyer's" lawyer who thinks it should have been provided, or your "banks" lawyer or "consumer affairs or attorney general" or "Judge".  How difficult is it to include the 3 day notice and the form electonically?  
    I am going to have more to say about electronic contracts soon.  We are seeing a lot of companies turning to elexctronic contracts and how they do it is interesting; something all of you will find helpful.  
****************************
NOTICE TO LATE PAYOR
***************************
Ken
    I have purchased a couple of your contracts and receive your enews. I was wondering if its required to send a certified letter when a monitoring account becomes 90 days delinquent in the state of SC?
Sincerely,
Doug
************************
RESPONSE
************************
    Unless the law in your state requires notice our Standard Form Agreements do not require any notice.  That doesn't mean you can't provide notice.  Just be clear in the notice.
************************