KEN KIRSCHENBAUM, ESQ
ALARM - SECURITY INDUSTRY LEGAL EMAIL NEWSLETTER / THE ALARM EXCHANGE
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can you get guarantor / subscriber demanding policies and procedures-Handbook
April 27, 2017
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Two great Webinars added to our series "All you need to know about ...."  REGISTER BELOW

Title: All You Need to Know Before You Add DIY to Your Business
Title: All You Need to know about getting NICET certified
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can you get guarantor
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Ken
    I have a situation right now that I just don't know how to answer.  What happens when the director of the company won't sign the personal guarantor spot.  They will sign for the company, but not as personal guarantor?
    Thank you,
Christine
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Response
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    All of the Standard Form Agreements that are for commercial subscribers include place to get a personal guarantee.  Keep in mind that if you want a personal guarantee you need to get two signatures, even if it's from the same person.  The contract is signed on behalf of the entity [corporation or LLC] and then again by a person [or could be another entity] who is guaranteeing the contract.  
    But the personal guarantee is not required for a valid and binding contract.  A personal guarantee comes in handy if the subscriber - entity goes out of business.  Often the person who has guaranteed the contract will have the ability and desire to pay the contract, especially after to sue the person under the guarantee.  So try and get the guarantee, but don't give up the deal if you can't get one unless you are going to be making a significant investment in the subscriber's system and installation and the subscriber's economic condition is questionable.  The person guarantee minimizes your risk, but of course, doesn't insure payment.  Guarantors go broke too.
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subscriber demanding policies and procedures
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Ken:
    A potential customer asked us to provide the following.  Can you provide any of these policies and procedures for us even if in boilerplate format
Confidentiality Agreement and/or Privacy Policy
 Vendor Security Standards

  • Human Resource Policies and Procedures (specific to employment practices)
  • Records Management Policies and Procedures
  • Subcontractor/Vendor Management Policies and Procedures
  • FACT Act or FACTA (Fair and Accurate Credit Transactions Act)
  • Business Continuity and /or Disaster Recovery Policies and Procedures with Testing Summary Documentation
  • Security Policies and Procedures
  • High-Level Network Diagram and/or Firewall Description
  • Data Flow Diagram
  • Infrastructure Change Management and Control Policies and Procedures
  • Intrusion Detection and Incident Response/Notification Policies and Procedures
  • Logical Security Policies and Procedures
  • Network Penetration Testing and/or Vulnerability Assessment Results
  • Physical Security Policies and Procedures

Thank you
Tziporah
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Response
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    Wow, nice list.  I hope your subscriber is the Pentagon and it wants every door and window protected.  The list includes a bunch of items that you and every other business should think about and have a plan to implement and deal with.  These are issues that are best addressed in a company handbook, though I confess our Standard Form Handbook doesn't address each of these items.  [it will if you order it and want these items included - though you will have to provide the information, procedures and plans].  
    This one is a first, though I wonder how many "subscriber contract forms" require all or some of these items somewhere in the fine print. 
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WEBINARS:  Sign up for any or all of the webinars that interest you.
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FREE Webinar Series "All You Need To Know About" alarm industry issues. 
Register for one or all.  Each presentation scheduled for half hour to hour.  Not recorded.
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Title: All You Need to Know Before You Add DIY to Your Business
When: May 9, 2017 12 noon EST
What will be covered: This session will cover the basics of the DIY model, the critical factors of succeeding with a DIY business, the DIY customer and how the market has shifted over the last few years.
Who should attend: Alarm company owners, managers and those interested in DIY business model
Presented by: Megan McDonald, VP of Marketing, Alarm Capital Alliance and MyAlarm Center. 866-484-4800 x 8470   megan.macdonald@myalarmcenter.com 
Register here:  https://attendee.gotowebinar.com/register/1457595459244475906
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Title: All You Need to know about getting NICET certified
When: May 23,  2017 noon EST
Where: Your computer for power point, live video and call in on computer or phone
What will be covered:  Why you should get NICET certified and how to do it
Who should attend: Alarm company owners with technical skills, technicians
Presented by:  Bryan McLane, National Training Center, 4148 Mantle Ave., N Las Vegas, NV 89084. Direct phone 828-649-1337  Bryan@NationalTrainingCenter.net
Register here: https://attendee.gotowebinar.com/register/1545079201485816579
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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
516 747 6700
www.KirschenbaumEsq.com
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