KEN KIRSCHENBAUM, ESQ
ALARM - SECURITY INDUSTRY LEGAL EMAIL NEWSLETTER / THE ALARM EXCHANGE
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Is never ending contract a way around automatic renewal law / NY License Law Class
/ NY License Law Class - sign up now
May 19, 2021
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Is never ending contract a way around automatic renewal law
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Ken
Please read the below email from Comcast (Xfinity) in which it says the new contract with them will be effective as long as I continue to pay. Can our industry send a similar email blast' out to our customers when we update their contracts? Could three year renewals be handled this way? It seems like the BIG guys are doing this. I recently got the same type of message from AT&T and after the effective date AT&T sent me a card thanking me for renewing my contract and accepting the new terms. Thank you for all you do for our industry.
Mike Eykyn
Coastal Burglar Alarm
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Xfinity
My Account >
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We've updated our Xfinity Residential Services Agreement
Thanks for choosing Xfinity to connect you to more of what you love. We’re writing to let you know that we updated our service terms and conditions in order to make our Xfinity Residential Services Agreement simpler and easier to understand. You’ll find a copy of the agreement in your Xfinity bill this month or online here.
We encourage you to review the updated Xfinity Residential Services Agreement, which will take effect on July 3, 2021 and will apply to you if you continue to use your Xfinity services after that date.
As always, thank you for being an Xfinity customer.
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Response
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If we bang hard enough maybe we can get the square peg into the round hole. Or, maybe, we can just follow the rules and make life a little easier. The Standard Form Agreements provide for 5 year term for residential and 10 year term for commercial; is that not enough? Do you think you should visit your customer to update the system and get a new contract signed? Isn’t month to month renewal enough once the customer has paid for 5 or 10 years?
You can have a month to month alarm contract that provides that it continues in force as long as the customer makes payment. I suppose you could even have a 5 or 10 year term that renews month to month for so long as the customer makes payment. That’s pretty close to what we have now, except the customer has to affirmatively cancel the month to month rather than just stop paying.
I think you will find that cutting off TV service or phone service or whatever Xfinitiy is providing, is different than shutting off alarm service. How many customers on auto-pay change banks or allow their credit card to expire or get over-drawn? Should that automatically trigger a shut-down of the alarm system?
Do you think Xfinity is worried about a claim that it is responsible for a building burning down, with or without people inside, or a burglary loss, water damage loss, etc? These are things you need to worry about and it’s why you need to be using the updated Kirschenbaum Contracts ™specific to the customer, installation and service.
So we do have continuous contracts; they are month to month after a fixed term. The alarm industry has thought about just about everything and we’ve included everything we think that works in the Standard Form Agreements. Some of you continue to act like horses, refusing to drink the water when offered and continuously leaning on the fence thinking the grass is greener on the other side. It isn’t.
If you’re wondering where the expression “the grass is always greener on the other side” came from:
“The concept of the proverb can be traced as far back as the poetry of Publius Ovidius Naso, better known as Ovid (43 BC – 17 AD), who wrote Fertilior seges est alenis semper in agris (the harvest is always more fruitful in another man's fields)
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NY License Law Class - sign up now
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UPCOMING EVENT INFORMATION:
New York State APPROVED 81-Hour Alarm License Course.
May 29 thru June 27, 2021 - New York City / Long Island
New York State Department of State
Approved 81-HOUR License Course
(Business of Installing, Servicing or Maintaining Security or Fire Alarm Systems)
(Administered by the Metropolitan Burglar and Fire Alarm Association of New York, Inc.)
(an Approved New York State - Department of State - Educational Provider)
OUR CLASSES ARE LIVE AND IN PERSON AND WE WILL BE FOLLOWING ALL HEALTH REQUIREMENTS AND SOCIAL DISTANCING AS REQUIRED.
MAY thru JUNE 2021
Saturday, May 29 - 8:00 AM - 6:00 PM Sunday, May 30 - 8:00 AM - 6:00 PM
Saturday, June 5 - 8:00 AM - 6:00 PM Sunday, June 6 - 8:00 AM - 6:00 PM
NO CLASS SATURDAY JUNE 12 NO CLASS SUNDAY JUNE 13
Saturday, June 19 - 8:00 AM - 6:00 PM Sunday, June 20 - 8:00 AM - 6:00 PM
Saturday, June 26 - 8:00 AM - 6:00 PM Sunday, June 27 - 8:00 AM - 6:00 PM
Our class dates and times will enable our students to complete
the New York State 81-hour requirements in the shortest time.
Just FOUR (4) weekends!
~~ Less STRESS ~ Less TRAVELING ~ Less COSTS ~~
For more information and online registration go to:
http://www.mbfaa.com/NYS_License_Course_MBFAA.htm/
EVEN IF YOU HAVE A LICENSE: NEW YORK STATE CHANGES TO ALARM LICENSE LAW MAY REQUIRE 1099 SUBCONTRACTORS - NON W-2 EMPLOYEES - CABLING COMPANIES - NETWORKING COMPANIES - TO HAVE THEIR OWN ALARM LICENSE - SO TELL YOUR SUBCONTRACTORS AND BUSINESS PARTNERS TO GET THEIR LICENSE! NOW!
Alan Glasser, Executive Director
METROPOLITAN BURGLAR & FIRE ALARM ASSOCIATION OF NEW YORK, INC.
PO Box 54, Brooklyn, New York 11204-0054
(718) 894-6712 · eFax (718) 228-7940
e-mail mbfaa.ny@gmail.com · web site www.mbfaa.com
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To order up to date Standard Form Alarm / Security / Fire and related Agreements, click 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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THE ALARM EXCHANGE