KEN KIRSCHENBAUM, ESQ
ALARM - SECURITY INDUSTRY LEGAL EMAIL NEWSLETTER / THE ALARM EXCHANGE
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Free book gift starts today / Payment changes during term / utilizing the All in One
December 16,  2019
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See below for free gift – no strings attached, really.
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Payment changes during term
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Ken,
            I have a client that is penny conscious. To help him with the $250 cost to switch to a cellular reporting system I want to offer him a graduated rate. For example, $250 for the cellular reporting unit @ $20 a month for one year and $40 a month after that. How can I put this into the Residential All in One agreement?
  Sincerely,
 JH
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Response
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            This is easily accomplished.  You may be stymied because the line item for RMR services [including monitoring or service plan] calls for one monthly number.  The annual increases permitted is in another paragraph and won’t change the monthly payment enough for your deal.  
            You will notice that the All in One calls for a Schedule of Equipment and Services.  This schedule is often the proposal you used to get the job, or it’s a spec sheet that you attach to the All in One.  The Schedule we give you is essentially a blank page for you to use to describe the equipment being installed and the services you are providing perhaps in more detail than the printed form contract describes.  
            Instead of filling out the monthly charge for the monitoring you can write “see Schedule of Equipment and Services” and in that schedule you will provide for the monthly charge of the first year and change thereafter. 
            When it comes to structuring the deal and expressing the terms of the deal you are able to do all that in the Schedule.  When it comes to changes in the legal provisions, best to call me.  If you entertain enough subscriber changes then join our Concierge Program and contain your cost for legal services.  The Concierge Program is designed for all our alarm clients, but especially those who are “penny conscious”.
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Utilizing the All in One
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Ken
            I’m using your All in One Residential for only monitoring.  A friend of mine with his own company installed the system.  
            Please note subscribers never signed up for Service with my company or his.  Now they are calling us for service.  So I’m thinking of having him do their service on a per call basis.
            Here are my three questions..
Do we need separate Service contract to do so?
Can I just copy the service provision in the All in One and have them initial it?
Should have my friend use the SCHEDULE OF EQUIPMENT AND SERVICES form instead?
            Please don’t publish.
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Response
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            Don’t publish?  How can I pass up on a gem like this one?
            You did start off right by using the Residential All in One.  But it was downhill from there.  Don’t fret, you’re not alone.  I often get calls asking for a contract for just monitoring, just repair service, just cameras or just whatever.  I usually have to ask only one question to clear up the dilemma:  “Don’t you do other services?”  The answer is invariably “yes”.  We created the All in One forms because that’s what the industry demanded.  We had separate contracts, and still do for the hard core individualists [I tried for another word but can’t think of one just now].  
            Please ask yourself these questions:
  *  Why would you install a system and not want to monitor it?
  *  Why would you install a system and not want to provide repair service?
  *  Do you think if you don’t provide after installation services one of your competitors won’t want to pick up the subscriber for the RMR?
  *  Are you building your RMR or are you helping build the RMR of your competitors?
            Every system needs some RMR.  If not monitoring, then repair service.  You don’t have to sign the subscriber for a Service Plan with RMR, though that would usually be the smart move.  You can sign them up on a Per Call basis, which entails no risk on your part or on the subscriber’s part.  When I say no risk on your part I mean you won’t risk underpricing the RMR Service Plan if it’s Per Call.  But, you’ll have plenty of risk of you do repair service without a signed contract.  
            I don’t know why you don’t want to do the repair service.  What you could have done to protect you and your friend was sign the subscriber up for Repair Service Plan, or Per Call, and then subcontract the service work to your friend.  You would both be protected by the All in One.  
            Some think they don’t provide monitoring because they subcontract out the monitoring to a wholesale Monitoring Center.  Well, you are contracting for the monitoring; you charge for it and you invoice your subscribers for monitoring.  You are in the monitoring business, thanks to your wholesale Monitoring Center.  Keep in mind that like your friend, the Monitoring Center is counting on you to properly contract with your subscriber to protect you, and mostly the Monitoring Center.  While I’m at it, do yourself a favor and use a Monitoring Center listed on The Alarm Exchange.  If you ever have an issue with the Monitoring Center I can’t promise to make a call and fix it, but I can promise that your Monitoring Center will take my call and be as reasonable as it can be.  That’s something.  [Before signing the Monitoring Center’s Dealer Agreement be sure to get our Rider form; its $500 and it can save you lots of aggravation later].
           The Schedule of Equipment and Services is a rider that we provide with the All in One forms; it's not a stand alone agreement.  Get your subscribers signed up on proper contracts and include all the services, even if per call.​
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I have a Hanukkah and Christmas gift for you – it’s free and worth every penny
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            Thinking about selling or buying alarm accounts?  Here’s the DIY primer for you.  Of course the smart move would be to call K&K’s Acquisitions lawyers before you start reading this book, and definitely after you read it.  
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You can check out the program and sign up here: https://www.kirschenbaumesq.com/page/concierge or contact our Program Coordinator Stacy Spector, Esq at 516 747 6700 x 304.

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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