KEN KIRSCHENBAUM, ESQ
ALARM - SECURITY INDUSTRY LEGAL EMAIL NEWSLETTER / THE ALARM EXCHANGE
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Are you protected from alarm.com and other intermediary services?
January 2, 2021
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THE SALE RUNS THROUGH JANUARY 12, 2021.   ORDERS ARE FILLED AS RECEIVED [UP TO 6 WEEKS WAIT for sale orders - longer for update orders]  
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    Happy and healthy New Year to all.  I hope 2021 will be healthy, happy and prosperous New Year.  Here's K&K's way of helping you achieve that goal. It's our annual Start The-Year-Off Right Contract Sale.  The Standard Form Agreements are all updated and ready.  Contracts purchased within past 4 months are already updated.
2021 updated contracts are ON SALE now; SAVE THOUSANDS DURING THIS SALE 
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NOTICE:
    The Standard Form Agreements have been updated for 2021.  If your contracts are from 2019 or earlier you need to update.  If you have a 2020 Contract the Contracts were updated throughout 2020 and you should check with our Contract Administrator, Eileen Wagda, at 516 747 6700 ext 312 to see if your forms need updating.  Contracts purchased after September 1, 2020 are already updated.  Keep in mind that updates are free for 6 months and half price for 12 months from your original order date. Requests for updates will be processed after the new orders are processed.  The sale ends January 12, 2021; the sooner you order the sooner you will get the contracts. 
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How to order: order at www.alarmcontracts.com ordering is easy - order on-line during the sale and save thousands of dollars.  Need help ordering?  Call our Contract Administrator Eileen Wagda at 516 747 6700 x 312 for assistance. Concierge Clients can call our Concierge Program Coordinator Stacy Spector, Esq for assistance at 516 747 6700 x 304. Concierge Client receive an additional 10% off the sale price.  You can join the Concierge Program before ordering to receive the discount.
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    Contract sale starts now and runs through January 12, 2021, ending at midnight EST. The discount will be applied orders received between now and January 12, 2021 by midnight*.  This will definitely be the best deal of 2021.  If you have K&K Contracts changes have been made and you should check with our Contract Administrator, Eileen Wagda, at 516 747 6700 ext 312 to see if your form needs updating.  We starting adding the updates several months ago so you may be up to date. Keep in mind that our updates are free for 6 months and half price for 12 months from date of purchase***.  Updates will be prepared and sent out after the new orders are processed.  The sale ends January 12, 2021, so please be patient.  When you place the order the full price will come up. We will apply the discount manually when we process the order.  Contracts will be delivered by email only.


Here's the deal:
    Buy 1 All in One Residential, Commercial or Fire All in One and get $100 off and $50 off Disclaimer Notice  Save up to $150.
    Buy 2 All in One forms and get $100 off first and $200 off second and $75 off Disclaimer Notice and $100 off alarm.com rider and $100 off the Honeywell rider.   Save up to $575.
    Buy 3 or more All in One forms and get same as above and $300 off the third form and $400 off the fourth form.  Save up to $1275.00 [Residential, Commercial, Fire, Home Automation]
    Commercial Mobile Surveillance Lease $1000.  Save $500
    Fire All in One with Security Rider $1250.00. Save $400.00  Add the Commercial Fire All in One and the Commercial All in One and get $200 off each.  Save $800.00
    Qualifier Agreement $1200.00   Save $300.00
    Digital Sign And Display Sales, Hosting And Service  $437.50  save 50% $437.50
    Computer Consulting and Service   $437.50  save 50% $437.50
    Nationwide DIY with monitoring.  $3500.00 Save $1000.00**
    Nationwide PERS with or without GPS tracking. $3500.00 Save $1000.00**
* Your order must be placed on line at www.alarmcontracts.com and received by our office no later than January 12, 2021 by midnight EST.  Orders must contain valid credit card payment and be processed; you will receive confirmation.  Fill out the order form; the full prices will show and we will apply the discount before processing the order.  Orders arriving after sale ends will be processed at regular published rates.  Orders will be processed in order received.  Rush orders, delivered by email within 48 hours, add 15% - call Eileen to process.
Concierge Clients will receive their Concierge Program Discount on the Sale Price.  Sign up for the Concierge Program before placing your contract order to receive the additional discount.

** Does not include consultation or modification
     What's our Guarantee policy re updates?      
Free updates within 6 months of purchase***      
Half price within 6 months to 1 year***  
*** applies to original purchase only

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Are you protected from alarm.com and other intermediary services?
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Ken
            I know you recommend using your Rider for the central stations' Dealer Agreement.
            I just had a thought, we don’t have anything with our intermediary services such as alarm.com or alarm.net
            Is there a form or something that we need to be using? Alarm.Com and Alarm.net is the communication backbone for 100% of our alarms should they drastically modify their terms our business would be crippled and we would be powerless to do anything about it. For instance our panel of choice is the QOLSYS IQ2 panel to my knowledge it can only be used with alarm.com. 
            If alarm.com decided that it wanted to start charging $50 per account tomorrow our business would be 100% busted and to my knowledge we would be powerless to do anything about it.
            We could not switch the panel over to a competing service and the device would not be able to be used as intended without the intermediary service of alarm.com
            The likelihood of that happening is low but what if alarm.com decided they want to go direct to consumer as the DIY market evolves? They already have all of our customer information and in their terms of service every alarm.com dealer out there has already consented to have Alarm.Com directly contact the customer and the terms of service.
            Again the likelihood is low from a lack of infrastructure perspective. 
            Other than blind faith what keeps our partners of today from being our competitors tomorrow?
Anthony V
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Response
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            While central stations are amenable to modifying their Dealer Agreement [sometimes called Installer Agreement] I haven't seen alarm.com or Honeywell make any changes to their agreements.  Alarm.com has required dealers to sign a Dealer Agreement in which the dealer is required to indemnify alarm.com and require the end user to agree to alarm.com terms.  K&K developed the Alarm.com Rider to be used with the All in One agreements if you are an alarm.com dealer.
            It recently came to my attention that Honeywell now required a similar agreement.  We now have the Honeywell Rider for Notifier and other Honeywell products.  Like the alarm.com Rider this rider should be used with the All in One agreement, which governs your relationship with the end user.  Alarm.com and Honeywell will rely on their terms and conditions for your customers.
            These Riders however are between you, the dealer, and your end user customer.  You can try and modify the alarm.com dealers agreement.       
     Has anyone had success negotiating terms with alarm.com or Honeywell?            

     I suppose your concern is valid.  I don't see any guarantee of confidentiality by these intermediary services or continued pricing or other terms.  I don't know if their products will work without their services, but I suspect they won't. 
            Maybe an issue that needs exploring in 2021.
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To order up to date Standard Form Alarm /  Security / Fire and related Agreementsclick here:  www.alarmcontracts.com
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CONCIERGE LAWYER SERVICE PROGRAM FOR THE ALARM INDUSTRY
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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NOTICE:  You can always read our Articles on our website at ww.kirschenbaumesq.com/page/alarm-articles
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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