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Comment on CA bank safety deposit box case – exculpatory clause / More on Biller Genie
January 20, 2020
Comment on CA bank safety deposit box case – exculpatory clause from January 14, 2020
            Great post on how something that appears to meet the level of expectations does in fact not.  If your contract in not written for the consumer to understand,  you have no contract.  If you don't disclose all sections, you have no sections. 
            Ken, you should look back at your many articles; You have responded to alarm companies that asked about posting "terms of service" or the contract language on a website rather than deal in forms. I.e. just get a signature. That failed the bank.   With great internal defense resources, they should have gotten you to defend them. They would have gotten good advice.
Bart A. Didden, Executive Claims Manager
Security America Reassurance Group, Inc. - SARG
            The contractual protective provisions, including the exculpatory clause, are essential provisions in the alarm contract.  Essential for many reasons.  The protective provisions, especially the exculpatory clause
  *  ​inhibits claims against you
  *  ​inhibits lawsuits against you
  *  enables you to defend lawsuits effectively if the contract is properly drafted
  *  adds value to your company because potential buyers will be looking for these provisions in your contracts.
    The Standard Form Agreements have been updated for 2020 and important changes were made to the
  *  exculpatory clause
  *  limitation of liability clause
  * indemnity clause
  *  arbitration clause
​​    If you don't have a Kirschenbaum Contracts™ you may not have these provisions and they may not be worded properly - they may not be effective because they may not be enforced when you need them.  If you do have a Kirschenbaum Contract ™ you should consider updating to the 2020 agreements.  The changes to the protective provisions were made to:
  *  comply with evolving law
  *  meet some of the more common challenges to the contract by customers​​
    Order your new contracts today:   Not sure which ones you need?  Call our Contract Administrator Eileen Wagda at 516 747 6700 x 312 for assistance.
More on Biller Genie
            I recently saw an offer in one of your e-mails for Credit Card Processing. I just received an update from Quickbooks in which they posted their new fee schedule.
            I would like the opportunity to compare (and save) processing fees.
            If possible, could you send me the link for the company that was posted in your e-mail.
 Many Thanks
 Mike M
            Biller Genie – listed on The Alarm Exchange – guarantees alarm companies the lowest rates – for life.  Check them out in the Financial Category
    Credit card processing and more - Biller Genie. Biller Genie is the most innovative and creative A/R automation platform on the market today. The revolutionary platform helps businesses accelerate cash flow, reduce administrative expenses, and improve customer experience. In addition to being named to the Money20/20 Start-Up Academy, Biller Genie is a recent recipient of the Electronic Payment Association’s NexTen Award and the CPA Practice Advisor’s Technology Innovation Award. LIFETIME LOWEST RATE GUARANTEE. Contact Thomas Aronica at 800-617-9980,

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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