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TERMINATING MONTH TO MONTH AUTOMATIC RENEWAL
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Ken
    What is the wording we should use for terminating a client that is into the month to month renewal.  we don't want to keep them as a customer.  I want to make sure we use the correct wording.  We use your contracts for all our accounts.
Matt
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RESPONSE
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    The Standard All In One agreement automatically renews month to month and either party can give 30 day notice of intention not to renew.  The notice can be sent by email or regular mail.  It's essential that you keep these issues in mind:

  • do not give the subscriber the option of contacting you to continue service.  If that happens to occur you can always send another letter withdrawing your intention not to renew and impose whatever new terms [hopefully new contract] that you and the subscriber agree upon.  But I don't want there to be any room for the subscriber to say your notice invited a contact and that the subscriber reached out to you before the termination date.
  • Be sure to terminate service on the date and time you specify.  Do not continue to provide service beyond the termination date because you won't have any contract in place.
  • Determine if you need to give anyone else notice of your intention to terminate the services.  We just did a few articles on terminating fire monitoring.  The AHJ may require notice and in some cases even approval before termination is permitted.  [I am not aware of any AHJ or jurisdiction that could prevent you from terminating fire alarm monitoring services without first getting "approval" - anyone know of any?].  if you provided any letter or certificate to anyone that you are providing the service you may owe that party notice.  So if you gave your subscriber a letter for their home owners insurance you may want to let that insurance company know that you are no longer providing the service.  Not likely you owe that notice, but won't hurt sending it.  
  • If you can remote access the keypad you can put notice "no monitoring" or something like that, but this isn't necessary and your subscriber may ask you to remove it, which you should provided the request to remove is in writing from the subscriber.

    Here is sample letter which you are free to change:
Dear Pain in the Neck Customer:
      Our agreement to provide alarm services to you expired on ___________ and has renewed on a month to month basis thereafter in accordance with the terms of the agreement.  This is to advise you that we are not renewing the agreement and therefore the agreement, and our services, will terminate on ____________ at 3PM.  Kindly make other arrangement for your alarm services.  There will be no other notices from us.
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SUBSCRIBERS WHO ALLOW POWER TO GO OUT AND TEMPORARY SURVEILLANCE
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Ken
     I have a prospective customer that doesn’t have permanent power. He uses a portable backup generator that he gets off of his truck and connects to his building when he’s there. Its a 50x50 metal building that he coaches mostly girls' softball. Would I be okay using a Commercial All in One Sale Contract and noting that there is no permanent power at the premises?  I am in Texas.   He and I would like to install an alarm with an outdoor siren to scare off any would-be thieves; it would not be connected to a central station. 
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RESPONSE
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    You can use the Commercial All in One and be sure to use the Disclaimer Notice because obviously you are not providing adequate security protection.  All the Standard All In One Agreements require the subscriber to provide "power" and "communication pathways" ie, telephone, Internet or cellular service.  If however you know in advance that the subscriber is not going to provide power or communication pathway all or any of the time you should note that specifically on the contract - in the Schedule of Equipment and Service - and also in the Disclaimer Notice.  Your subscriber needs to understand there will be no alarm system working when no power; no back up power, unless you are installing it, and no monitoring, unless you are providing it.
    I understand that this building is used for the subscriber's girl softball operation.  Obviously he isn't interested in protecting what's stored there or people in the building while there because the "local" alarm will not provide much more "protection" than an alarm window sticker or yard sign.  You should recommend to this subscriber, in writing on the Disclaimer Notice, that you recommend a burglar and fire alarm monitored account, and that the facility have cameras with local DVR or cloud data storage.  A lot of allegations could arise from this operation and I'll the possibilities to your own imagination, but your subscriber needs protection at this facility.
    There are many situations where the subscriber isn't able to provide power or wants an alarm system that is movable.  Take a car dealership that has a big lot and power isn't available, or a construction site where no power has been installed.  These situations are perfect for the Mobile Surveillance Agreement.  The Mobile Surveillance Unit is a movable "self contained and powered alarm in a box".  It typically will have battery power, solar perhaps, or temperatary wire connection to power.  It have cellular communication.  It will have cameras, sirens and whatever else you build into the "box".  Typically a temporay arrangement and typically "leased" rather than sold.  You can order the Mobile Surveillance Agreement as a Standard Form agreement at www.alarmcontracts.com.  For assistance contact our Contract Administrator Eileen Wagda at 516 747 6700 x 312
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