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November 1, 2014

  WEBINAR NOTICE:  The Central Station series  
Why you should use our central station
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    What I find works the best with property managers and others large entities in this scenario is first explaining that their agreement is designed for on- site services and their terms and conditions are designed to protect them and their clients from damages we might cause while on their premises.  I further explain that alarm monitoring is a total different service where we are providing a remote service and cannot physically damage their property (we are not on site) and also that we do not and cannot guarantee that our alarm system or monitoring service will prevent losses, therefore we need separate agreements for remote monitoring and for on-site services.  That usually opens the door to signing separate agreements for those specific purposes, or if required,  a negotiation of T&C in a combined agreement (theirs + ours) with their legal department and ours. 
Ken -
    I recently had an attorney suggest, to my client, that my client demand I remove the indemnification. I explained to my client that any changes in my contract had to be pre-approved by my insurer and this would create a delay in their installation, and it could result in an additional expenses resulting from them being added as additionally insured. 
    I submit my contracts for approval to my insurance company. I refuse to make any cross outs, or changes, without first submitting them to my insurer. After 30+ years in the alarm business, I know the alarm business. When it comes to litigation, this is not my field and the attorneys have me at a disadvantage. I refuse to handicap myself by degrading the only defense against attorneys that I have. I figure if someone can't afford to lose one sale, that person surely can't afford litigation. It only takes one incident to wipe you out. 
Roger D. Score
    I came across an interesting situation that one of my clients is going through with a telecom service provider as it relates to automatic renewals on service agreements. I'd like to hear your input on this and I think it would be good for others in our industry to know what they actually should be doing with their clients before the yearly anniversary of an auto renewal.
    To give some detail about the issue, the agency modified services of their internet and phone lines in 2006 to get better pricing and better internet services. There was a basic breakdown of the services and costs agreement that I and the agency's lawyer signed, but there was a one liner reference to a separate "terms of service agreement" at the top of the first page that we never got a copy of. We never even thought to question it. Basically this terms of service agreement describes the yearly auto renewal. We know about this now because we terminated their services and they are now asking for the remaining 8 months, which total's to about $15,000. 
    I met with my clients lawyers at their request because I was the one that made the modification back in 2006 and signed the agreement along with their general counsel. Their lawyers found this legal document (see attached) that basically states cases iin New York where this type of practice cannot be enforced unless you explicitly notify the customer before the renewal anniversary. 
    Perhaps you can elaborate on this and on its applicability to our line of business and doing business in general. Thanks and I really enjoy the email discussions. 
Michael Serrano, President & CEO
Briteway Security Systems
    Automatic renewal should not be a mystery to you or anyone reading this forum.  We address it frequently.  States who address automatic renewal provisions by statute are found here:
    In New York automatic renewal is not enforceable unless a notice is provided, and it rarely is.  Just today I got a notice from Sirius Radio letting me know that my subscription would renew unless I notified them and then I'd be stuck in a one year renewal.  Of course I know the notice is defective and unenforceable and thought briefly about starting a class action.  The alarm industry routinely ignores automatic renewal statutes that require a particular notice.  In NY its certified mail or personal delivery within a 15 day window period.   Go month to month and avoid statutory issues.



                                          WEBINAR ANNOUNCEMENTS
                                             The Central Station Series
                                         Why you should use our central station
                                            Sign up for each presentation
Each Webinar will cover:

  • territory covered by cs 
  • types of alarms cs equipped to handle or specializes in 
  • description of cs facilities and equipment; redundancy of more than one location 
  • general policies on handling alarms 
  • what makes your cs stand apart from others 
  • pricing - why your cs charges what it does and special deals if any 
  • contracts the cs requires

                   Sign up for each presentation.  All Start at 12 noon EST to 1 PM
November 5, 2014 – Metrodial 
November 6, 2014 - United Central Control

November 12, 2014 - Statewide Monitoring
November 13, 2014 - Centra-Larm Monitoring

November 20, 2014 - AvantGuard Monitoring


                                                 Speaking Engagements

If you would like to schedule a free live video/webinar presentation for your association meeting or event contact Eileen Wagda at 516 747 6700 x 312.