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Follow Up On Electronic Contracts From September 8, 2014 Article
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Ken,
    We are working on electronic contracts now.  We’ve pretty much decided to use construction-grade tablets, which a client can sign their name in a space provided with their finger or a stylus. Does this satisfy the first of these two points?
    have a method of capturing a signature or other acknowledgment of consent
    have a way of confirming the source of a document sent to you electronically
And exactly what do you mean about confirming the source? Somehow include time/date and from whom it originated? In today’s world of “hackers” (who should be drawn and quartered at Half-Time ceremonies, which would severely decrease this plight), will just a typical email to client and back to the office suffice?
Ray Yauchler
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Ken:
    Re: digitally signed contracts
    If a client doesn’t have a way to capture their actual signature, is it legally binding to use an alternate method of electronic signing? Adobe Acrobat can insert a digital signature on a PDF which encrypts the time, date, and other identifying information with a stamp on the actual document. Curious if you have an opinion or have come across this?
Mitch Cohen
BRIC SECURITY
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Response
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    A signature does not necessarily need to be on the contract.  You can prove the contract by other evidence of assent, such as an email agreeing to the terms of the agreement, assuming it can be identified.  The Adobe method is also acceptable.
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Response
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    Subscriber signing name on tablet would be sufficient.  For confirmation of source I meant that you have to be able to show how you actually got the consent to a contract.  If you get the consent by independent email then you have to make sure that you retain the email and the email address of the sender.  The name, date and time is usually displayed when you get an email; just make sure you save that as well as the body of the email.
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Question:  Electronic 3 Day Notice Of Cancellation
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Ken,
   I've been researching about 3 day cancellation notices,  I have not seen where electronic notices are legal, even if the consumer is notified that the cancellation notice can be accessed on the company website.  What are your thoughts on this?
Thomas E Amman
Akiko Security Integration Services Technologies,LLC
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Response
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    I haven't researched it, but I am not aware of any change in the statutes that requires that the consumer be given a cancellation form at time of signing the contract and the 3 days doesn't begin to run until that form is provided.  If you are doing the execution electronically then I suggest you also present the cancellation form and have the consumer acknowledge receipt, electronically, of the form.  Not sure how the logistics will work in every scenario, but until the statutes are updated you'll either be in total noncompliance or make reasonable effort to satisfy the statute.  While you may lose a sale I don't think you'll be criticized by any regulatory agency that you're engaging in deceptive practices, and that is potentially far more serious issue.
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Do You Need Contract For Your Own House
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Ken,
    Subject: Alarm Certificates
    I have a written contract even for my house and my store. I do this in case if I have a major loss, such as a fire. Insurance companies seem to pay out small claims but they come after the alarm company on large claims. I also have all family members, who's homes I secure, sign a contract. Even if I am offering them free monitoring, I get a contract for $1 per month. It may be a waste of a contract but I feel better having it. 
    I also send insurance companies a copy of my client's contract. I use three page contracts and instruct my client to send the insurance company the third copy. I see many alarm companies' alarm certificates as a blank check. By sending the insurance company a copy of the contract, the insurance company cannot say, "We assumed." Some insurance companies call and demand an alarm certificate, instead of a copy of the contract. I refuse to provide anything other than a copy of the client's contract. 
Roger D. Score, President
Arizona Alarm Dealers Association
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Response
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    I don't know that you need a contract for your own house.  Not likely you'll sue yourself or permit your carrier to sue, but it doesn't hurt.  You do need a contract with relatives because you can't control their insurance carriers.  You don't need to charge the buck a month; the contract is enough.  You can state "other good and valuable consideration acknowledged"
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                                              Speaking Engagements


If you would like to schedule a free live video/webinar presentation for your association meeting or event contact Eileen Wagda at 516 747 6700 x 312.

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Alarm Association of Greater St. Louis.   September 16, 2014.  at Tech Electronics HQs office at 6437 Manchester  Ave, St. Louis, MO 63139.  Meeting is from 11:45 – 1:30  Video conference presentation starting at 12:15 CST.  For more information or to register contact Tony Drago adrago@tyco.com  www.alarmstl.org
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NYSESA - September 17, 2014 at Honor's Haven Resort, Ellenville, NY.  This is the NYS Electronic Security Assoc annual meeting.  Presentation on updated contracts and current legal issues will be at 10:30 AM.  For more information or reservations contact Dale R. Eller, Executive Director (814) 838-0301  dalereller@itzsolutions.com
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Texas Burglar and Fire Alarm Association.  October 1 - 4, 2014,  annual convention at San Luis Resort Spa & Conference Center, Galveston, TX.  Register here:  http://tbfaa.org/tbfaa-2014-convention-trade-show-attendee-registration/
For more info contact Debi at 281-859-4569.  Brad Shipp, Executive Director
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Alabama Alarm Association.  AAA's Fall Meeting and Trade Show - October 21, 2014 from 3 to 5 PM at DoubleTree Hotel 808 South 20th Street Birmingham, AL 35205  for more info contact AAA Executive Director: director@alabamaalarm.org  (205) 933-9000 

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