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 ****************************** Some issues you might be facing when switching to a central station April 29, 2026 ************************** Some issues you might be facing when switching to a central station ************************** As an alarm dealer you likely use a professional monitoring center to monitoring your alarms. You more than likely have signed a CS Dealer Agreement, which you probably didn't bother reading, at least carefully. If you are moving to a new central station you will be required to sign a CS Dealer Agreement. You should be concerned with the terms of the agreement, and you need to read it carefully because some items will be important to you, others not so much. When I am asked to review the CS Dealer Agreement I look at legal provisions that are not fully understood by the dealer. But business decisions are for the dealer, not lawyer. The one provisions that is a deal breaker for me is the Indemnity Provision, and I have written about it many times. When asked to read the Dealer Agreement my response is consistent, get the Rider to Central Station Dealer Agreement and get it signed and attached to the Dealer Agreement. Every provision can be stricken, except the Indemnity Provision. That's my advice. Recently a dealer asked me to review issues important to them, which I declined to do because it was non-legal issues, at least not issues that required my legal opinion. It was a well thought-out list of items and I think all dealers can learn something by reading it. Here's the list: No information on UL Listings held by the monitoring center Issues that come to mind and are important to us: * No information on compliance with NFPA 72 * Account Migration & Cutover Responsibilities * Who handles Database conversion Data cleanup Signal Testing Customer notification configuration Customer Action patterns configuration AHJ notification configuration Go-Live Steps (process and responsibilities) Define Acceptance Testing * Service Level Agreement (If these are not met are there financial consequences (monthly credits)) * Alarm answer time * Dispatch time * Signal processing time * Uptime percentage (99.999%) * Data Access and Ownership * who maintains ownership of customers data * Retention responsibility * Access to export data in usable format * Cybersecurity and Confidentiality * Security controls (SOC 2) * Background checks for operators * Segregation of our accounts from other dealers * Incident response and breach notification timelines * Encryption of data in transit and at rest It's interesting to note that this alarm dealer did not think to ask about the single most important issue I focus on, the potential consequences of the Indemnity Agreement. The Rider to Central Station Dealer Agreement addresses about 12 items, including the indemnity issue. These include some of the issues raised above, and a few that over time have plagued dealers, such as do all accounts need to be in the central station, can you move to another central station any time, will central station maintain confidentiality and recognize that the dealer owns the accounts, data input, storage, price increases and a few other items. Every dealer needs the rider and if your central station won't accept the insurance limit on the indemnity, you need another central station; it's simple as that. ************************* STANDARD FORMS 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 ww.kirschenbaumesq.com/page/alarm-articles updated daily ******************** THE ALARM EXCHANGE - the alarm industries leading classified and business exchange - updated daily ************************* 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 / Email 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. You can read articles and order alarm contracts on our web site www.alarmcontracts.com ************************** 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
