KEN KIRSCHENBAUM, ESQ
ALARM - SECURITY INDUSTRY LEGAL EMAIL NEWSLETTER / THE ALARM EXCHANGE
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comment on DIY and SimpliSafe
April 24, 2019
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Free Webinars 
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Topic: How to fill out the Commercial or Residential All in One – Sale or Lease form
When: April 29, 2019 
Time: 12 PM to 12:30 PM New York time 
Presented by: Ken Kirschenbaum,Esq 
Who should attend: all sales people who work with these contracts. You should have updated All in One Agreements. The Commercial and Residential forms, in sale or lease format, are filled out in similar manner. Update your All in One now to take full advantage of this webinar. This webinar will be recorded and made available to Concierge Clients [those signed up for our Concierge Program].
Sign up here:https://attendee.gotowebinar.com/register/3023700255575508739
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Topic: How to negotiate the guarantee and holdback in the APA 
When: April 30, 2019 
Time: 12 PM to 1 PM New York time 
Presented by: Ken Kirschenbaum,Esq 
Who should attend: owners thinking about buying or selling 
Sign up here:https://attendee.gotowebinar.com/register/924497262641412354
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Topic: Negotiating terms in Dealer Agreement with your central station 
When: May 7, 2019
Time: 12 PM to 1 PM New York time 
Presented by: Ken Kirschenbaum,Esq 
Who should attend: dealers and central stations 
Sign up here:https://attendee.gotowebinar.com/register/1815847150023705858
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comments on DIY and SimpliSafe
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    An article in Security Installation and Sales magazine, digital, titled Tactic Dissuade You From Offering DIY Security Products came out April 15, 2019] generated a few comments. You can read the article going to this link:https://www.securitysales.com/automation/marketing-tactic-diy-security/#comment-232148
    The article was critical of SimpliSafe for advertising "no contract", when in fact it requires a contract. It also recommends getting into the DIY business in some way complimentary with your traditional professional operation. 
    Here are two comments which were directed to SSI and forwarded to me.
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comment 1
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    You don’t have to put down companies that don’t require a term length to sell more of your contract services, Ken. Customers know what simplisafe means, and what we mean, when we say no contracts. People know they have to agree to basic terms and conditions even if there’s no term requirement. You have to do that to even download an app on your phone now. We bought your basic alarm agreement years ago, we just don’t force people to stay with us for 3-5 years. They stay with us because they want to, not because they have to. Crazy idea huh?
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Response
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    You missed the point of the article. It certainly wasn't to sell more contracts, though that is a common theme most of the time [and you and everyone else should thank me for it]. The point was that SimpliSafe tries to distinguish itself by claiming other alarm companies use contracts for their own security, instead of being concerned with the security of its customers. The implication is that by not using contracts SimpliSafe is a better consumer choice, primarily because it does not use contracts.
    The advertisement promotion is not helpful to the alarm industry because unlike other national advertising campaigns, like ADT, it doesn't really promote security first, which is available from many alarm company. The advertisement is also not true, because SampliSafe does require a contract, called its Terms and Conditions.
    You should not be so quick to claim what "Customers know" or "people know" because when they suffer a loss they only know one thing, you agreed to prevent any loss and they want you to pay for their loss. 
    You were smart to buy my contracts in 2004, but not so smart to update them until 2018. There are a few reasons to use updated contracts, and holding customers to long term agreements so you can collect the RMR is the least important reason. The two most important reasons are, first, to protect you in the event of a subscriber loss, and, second, to add equity value to your business by ensuring the highest multiple when you are ready to sell.
    By the way, be sure to update your contracts in 2021 and thanks for reading SSI and your comment.
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Comment 2
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    Great article Ken. I think it is also really important to highlight that SimpliSafe equipment is proprietary to COPS monitoring. Sure you can cancel anytime, but you are out whatever the cost of the equipment was and have to start over. With more traditional companies you usually can have another company take over the equipment once you are out of contract.
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Response
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    SimpliSafe doesn't make that particularly clear in it's advertising. Single or limited use is something you have to consider with DIY because the equipment may be useless once the customer wants to stop RMR payments. There are many advantages to DIY systems and offering them as part of your professionally installed systems or as just DIY systems. 
Thanks for taking the time to comment on the article and for reading SSI
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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