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Subscriber who suspended monitoring service is back; do you need a new contract
November 5, 2022
Subscriber who suspended monitoring service is back; do you need a new contract
          We have a customer that had signed the 2017 Commercial All in One system agreement back in February of 2021 to install a cellular dialer on their burglar alarm system and begin alarm monitoring.  The customer also signed the Schedule of Equipment and Services document, the Notice of Cancellation document, and the additional equipment, systems and services Disclaimer Notice which is SOP for our customers to do. 
          This customer then followed the 30 day termination procedure to terminate monitoring services back in January of 2022, so his monitoring was then canceled. 
          This customer has since come back to say they would like to reactivate the alarm monitoring once again, our question to you is do we need to have new documents signed or are the old agreement documents sufficient to continue monitoring again?
          Please let us know your thoughts.
          Couple of things don’t add up; you must have left out a few facts to round out this scenario.
          This subscriber signed a Commercial All in One; you don’t mention any changes to the form.  So a few things stand out:
  *  It’s obviously a commercial customer, so the Cancellation Form was not required and should not have been presented.  There is no Cancellation Notice on the Commercial All in One above the subscriber’s signature line, as there is in the Residential All in One.  The commercial contract is not suitable for a residential customer and should never be used with a residential customer [you need to use the Residential All in One].
  *  This Commercial All in One was signed in February 2021.  The “term” of that contract is 10 years.
  *  There is no suspension of service right in the contract.  If you permitted a suspension then you should have provided for how it was going to work, covering when the suspension would end, either measured by an event or passage of time as an outside date.
  *  A new contract should not be necessary if the suspension was properly documented.  If you aren’t concerned about losing the revenue for the suspended period and don’t care about extending the existing contract then you can simply resume services.  Of course a new updated10 year Commercial All in One would be better. 

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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