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Can your web site get you into trouble?
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    The short answer is yes; plenty of trouble.  Two unrelated problems come to mind.

    First, be mindful of the source of your web site content.  You can't use pictures or images that you have "found" on other web sites without permission.  Unauthorized use of copyrighted material comes at the starting price of $750 per image and keeps going up with mounting legal fees.  So be careful what images and text you put on your website.  

    Second, make sure your website does not contain any "puffing" or advertising that contradicts your carefully worded contracts.  Your contracts have been painstakingly prepared; every word scrutinized.  You don't want to negate the effectiveness of the contract terms by wild promises, representations and warranties that you know can't be true.  The same care needs to be used when constructing your website.  What appears on your website today can end up in court, in print or on video, tomorrow.

    It is not uncommon for claimants to use print ads, brochures and solicitations to circumvent the alarm contracts.  You can expect your website to be reviewed for damaging representations that mislead the subscriber or make claims that would change the subscriber's expectations for the alarm system or services, despite the clear disclaimers in the contract.

    If in doubt whether your advertising, in any medium, is potentially damaging, have it checked by counsel.

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More on employee embezzlement from October 19, 2013 article 

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Ken

    re As to Employee Classification:

    We have an Admin Appellate decision in CA that our Outside salespeople not only are ICs (as the way Lone Star treats them)  it confirms that as they are NOT employees, they are NOT required to be Alarm Agents. In CA an AA reg. is a requirement of “An employee of an alarm Co. who sells, services responds. Our Argument was that Not all ind who SSR must be employees that ICs NOT being Emps are therefore not req to be AAs. If Emps  were acting as AAs only then would they. The BSIS Lic Agency argued that ALL Persons must be either AAs or their own Lic cos. On their own.

    The Court agreed with our position, ruled that the individual in question was an IC, was not an employee. Therefore not req to be an Lic AA. As what he  sold  was Lone Star, not his own services, and Lone Star the provider of the service being a Lic Co, he was not req to be a company. His serv was provided to the company only.  

    We used this ruling in an EDD audit and while the Court stated they were not inclined to essentially overrule an Appellate decision, they fudged and we must now appeal the EDD ruling. The Appellate Admin is applicable as to Lic but EDD and IRS can play by their own rules, they take a default that all persons are employees until PROVEN otherwise. It does however give us an excellent basis from which to defend our practices as proper, being that we have been consistent in them since 1991and we have been more than thorough in not treating them in any way as employees, so yes the sales people can and do rep for other alarm Cos if they so choose to, sell Avon or be basketball coaches too. Our Agreement spec states that they as IC they are of course free to work for other Cos as well, if they so choose.

    Likely this will drag on for several years in addition to the FIVE it has been now. Fortunately are legal exp. have been relatively minimal.

    Clearly the Federal Mandate of employer paid for health care would entail the Feds to force companies to “employ” everyone so as to force the Mandate on all.

Bruce Boye

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Response

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If your sales help are 1099 agents you should be using the Independent Sales Affiliate Agreement

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Comment on positioning cameras from October 9, 2013 article

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Ken,

    It makes good company practice to position the cams according to ethics. However, before leaving, the installer should copy the last images of each of the cam positions showing how the installer left them and then store those images in the customer file at the office. Of course the camera can be positioned by anyone after the installer leaves the premises, but at least there is an image of how the installer left it if a customer, after maybe moving it him/herself, says the installer did it. Additionally, if you want to go even further, the customer can also be asked to sign off on a hard copy of the image showing the LKP (last known position).

Andy

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Webinars

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December 4, 2013   12 noon EST  Register here: https://attendee.gotowebinar.com/register/4919260455763006721

     Title:  10 Things Residential Security Alarm Companies should consider BEFORE entering the world of Commercial Engineered System Fire Alarms

      Presented by:  Bob Williams, President of Briscoe Protective Systems and his Management Team. 

Briscoe Protective Systems has been in the industry for 35 Years and has made the transition from a Residential Alarm Company in the late 70’s to a Engineered System Fire and Security Company that is an SDM Top 100 Company. Find us on the web at www.BriscoeProtective.com or on LinkedIn under Companies, Facebook and Twitter@BriscoeProSys 

      Description:  There is a big difference between installing Residential Fire Systems and Commercial Engineered Fire Systems and there are “Key Factors” that Security Company’s should consider before attempting to go into this lucrative but challenging market.

      Who should attend:  Alarm company owners and fire techs.  

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