DO YOU PROVIDE MONITORING?
I get questions regarding the Standard Form Agreements, sometimes suggestions, even good ones that cause me to update the form or create a new one. But this one caught me off guard for a moment and it has occurred to me that the issue is not so uncommon.
Alarm company ordered the Residential All in One Agreement. After getting it they had a number of questions and issues, most of which concerned monitoring. This alarm company said they didn't provide monitoring so many provisions in the All in One didn't apply. I called the client. It took about 2 seconds to figure out the issue. It wasn't that this company provided only subcontracting, had none of its own customers, did installation only, did service only. This was your typical alarm - security - fire company.
The issue, they sub out the monitoring to another company. Well so do most other alarm companies. Monitoring your own accounts has become cost prohibitive. Unless you have 20,000 of your own accounts to monitoring it's not likely to make economic sense for you to set up and operate your own central station.
Central stations have become big business and are the back bone of the industry. Why do I say that? Because your equity in your business and your cash flow is in your RMR, most of which is monitoring services.
You are in the monitoring business because you contract for monitoring. You bill for the monitoring. Your All in One Agreement permits you to subcontact the monitoring services to another company, a wholesale central station. So the answer to the question is YES, you are in the monitoring business.
Though the All in One does provide that you aren't responsible for the negligence of your subcontractor central station you are going to brought right back into the case because you more than likely agreed to indemnify the central station for any claims from your subscribers. Bottom line is that you must have an agreement with your subscriber that includes all of the services you provide through your contract, and that is likely to include sale, installation, inspection, repair service and monitoring. Whether you sub out the work or perform the service in house, it doesn't matter. Your contract must cover all the services you have agreed to provide. It must include monitoring.
Of course you want it to include monitoring because otherwise you won't be charging for the monitoring. There won't be a line item for RMR for monitoring. Do you have a single line item for service and monitoring? Well you shouldn't. If you are not using the Standard All in One Agreement then you're plain foolish. Get it today. [sorry I am so impatient today but been negotiating trying to get rid of a 10 million dollar plus residential fire loss case where there are no contracts. Isn't making it any easier.
Get or update your All in One right now. Here is the order form.
PERS: SERIES of 4 WEBINARS
WEBINARS - ALL 4 WEBINARS ARE FREE
HOSTED and moderated by KEN KIRSCHENBAUM, ESQ., KIRSCHENBAUM & KIRSCHENBAUM
WEBINARS: PERS: Personal Emergency Response Service / Medical Alert: Everything you need to know and do to get started with PERS or grow your PERS business to a nationwide operation. Presented by a leading PERS manufacturer, a central station specializing in PERS monitoring, atttoneys who will address licensing and contract issues and telemarketing issues. Sign up for each webinar separately. These webinars are FREE. You need to register in advance to reserve your spot [attendance is limited] and sign in a few minutes before each presentation.
Title: PERS equipment and systems by Essence-USA, a leading manufacturer of PERS equipment
Date and time: July 6, 2016 12 noon to 1 PM
Place: your computer
Register here: https://attendee.gotowebinar.com/register/8091795726955290115
Presented by: Ritch Haselden, Vice President of Essence-USA. www.essence-usa.com
Topic: latest technology in PERS equipment. Essence, a leading provider of IoT, cloud-based connected living solutions and PERS solutions provides theCare@Home™ Enhanced Telecare Services Platform. The Care@Home product is An Aging-in-Place product suite that offers a seamless health monitoring experience allowing independence for seniors and peace of mind to their loved ones.
Q&A: Send your questions in advance to email@example.com
Title: How to Select a PERS Monitoring Center
Date and time: July 20, 2016 12 noon to 1 PM
Place: your computer
Register here: https://attendee.gotowebinar.com/register/5252919376200633603
Presented by: Mike Zydor, Managing Director of Affiliated Monitoring www.affiliated.com
Topic: Selecting the right monitoring center for your PERS business is a key to growth
Q&A: Send your questions in advance to Mike Zydor at firstname.lastname@example.org
Title: Licensing and Contracting for your nationwide PERS operation
Date and time: July 27, 2016 12 noon to 1 PM
Place: your computer
Register here: https://attendee.gotowebinar.com/register/5380922320883276803
Presented by: Licensing by Nicoletta Lakatos, Esq., licensing counsel at Kirschenbaum & Kirschenbaum; Nationwide PERS Agreement by Jesse Kirschenbaum,Esq., contract counsel at Kirschenbaum & Kirschenbaum. Moderator: Ken Kirschenbaum
Topic: Licensing for nationwide PERS. Agreement needed for nationwide PERS
Q&A: Send your questions in advance, for licensing to Nicoletta Lakatos at NLakatos@KirschenbaumEsq.com and for contract questions to Jesse Kirschenbaum at Jesse@KirschenbaumEsq.com
Title: Telemarketing nationwide
Date and time: August 3, 2016 12 noon to 1 PM
Place: your computer
Register here: https://attendee.gotowebinar.com/register/3591740925073303811
Presented by: Matthew Pitts, Director of Legal Compliance, Alliance Security, Rhode Island.
Topic: state telemarketing licensing; Federal and State Do-Not-Call compliance and call scrubbing; current legislation including the Telephone Consumer Protection Act (TCPA) and the Telephone Sales Rule (TSR); vicarious liability and the use of sales affiliates; recent litigation trends.
Q&A: Send your questions in advance to email@example.com