KEN KIRSCHENBAUM, ESQ ALARM - SECURITY INDUSTRY LEGAL EMAIL NEWSLETTER / THE ALARM EXCHANGE You can read all of our articles on our website. Having trouble getting our emails? Change your spam controls and whitelist ken@kirschenbaumesq.com ********************** Cancellation notice for electronic contracts April 18, 2023 ************************* Cancellation notice for electronic contracts ********************* Ken We are using Docusign for electronic contract execution. How do we use the cancellation notice? Your directions call for starting with 3 copies, having the subscriber initial one copy and we take one copy [to prove we gave it] and leave the subscriber with two copies which is required by law. How does it work when electronic contracts are used? Bob ****************************** Response ****************************** When you use the electronic format for contract execution you still have to use the Cancellation Notice, but it's used a bit differently. Using the electronic format requires that the consumer [residential customer] be presented with and required to sign a Disclosure and Consent to Electronic Communication. This overrides the state requirements for actual paper to be presented to the consumer. K&K does have a Standard Disclosure and Consent Form to be used when the electronic format is used. I believe Docusign does provide a similar form; not sure about other companies that offer electronic formats. When using electronic contracts the consumer gets only one copy of the Cancellation Form Here is the order of presentment for the electronic format: Disclosure and Consent form Contract: Residential All in One [this will contain the 3 day notice of cancellation; or 7 when required] Schedule of Equipment and Services Cancellation Form Disclaimer Notice The electronic format must permit the consumer to cancel electronically as well as sending the notice as the statute may require. Be sure your electronic format permits the customer to retrieve copies of all signed papers, and you should be able to retrieve these papers as well. In fact, copying these contracts as presented and signed by the consumer should probably be stored on your servers and not just stored by the company you use for electronic contracts. You can of course do electronic contracts "in house". Adobe Esign, used by my office, seems to be an in house process and we get the fully executed document to download on K&K computers. Just a reminder: Do not forget to present the cancellation notice and do not begin work until the 3 days has passed. Some states permit a waiver but there are very strict rules for that and most states do not have this waiver. Better to wait the 3 days unless there is a true emergency. **************************** STANDARD FORM AGREEMENTS: To order up to date Standard Form Alarm / Security / Fire and related Agreements click here: www.alarmcontracts.com *************************** 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. *********************** ALARM ARTICLES: You can always read our Articles on our website at www.kirschenbaumesq.com/page/alarm-articles updated daily ************************* THE ALARM EXCHANGE - the alarm industries leading classified and business exchange - updated daily. https://www.kirschenbaumesq.com/page/alarm-exchange ************************* Wondering how much your alarm company is worth? Click here: https://www.kirschenbaumesq.com/page/what-is-my-alarm-company-worth ****************************** Getting on our email list / Articles archived: Many of you are forwarding these emails to friends or asking that others be added to the list. Sign up for our daily newsletter here: Sign Up. ************************** 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
