Kirschenbaum

Don’t Be Dissuaded by Companies Offering ‘No Contract’ DIY Security Products

By Ken Kirschenbaum · April 17, 2019 • The recent trend of DIY security companies claiming to protect homes with no contracts isn't always 100% accurate.

Do You Have a Lunch-Break Policy for Technicians?

By Jason Knott · December 26, 2018 • Integrators cannot force employees to work through lunch, nor can employees opt to waive their lunch break.

Is It Illegal to Install a ‘Hidden’ Smart Speaker?

By Jason Knott · December 18, 2018 • Certain state laws prohibit audio recording in covert applications, so can you disguise an Amazon Echo or Google Home?

Should You Add Surcharge to Clients Who Pay by Credit Card?

By Jason Knott · November 20, 2018 • Legal expert Ken Kirschenbaum advises integrators to be careful about adding credit card surcharges.

Careful on 1099 vs Employee: Wrong Contract Can Bite You in the ... Achilles

By Julie Jacobson · August 13, 2018 • Security dealer hires full-time 'independent' 1099 salesman who gets bit by a dog during a sales call. Who is liable for medical expenses and lost wages?

Thorny Legalities of Video Surveillance in MDU Applications

By Jason Knott · June 20, 2018 • Supplying surveillance video for ‘lawful purposes’ of apprehending suspects is OK., but there are numerous complex legalities for which dealers need protection.

6 Questions to Ask Your Errors & Omissions Insurance Broker

By Julie Jacobson · June 12, 2017 • Attorney Ken Kirschenbaum suggests security dealers and other service-oriented businesses request these statistics to select the best E&O insurance provider.

Can Integrators Force Employees to Pay for Vehicle Damage?

By Jason Knott · May 29, 2017 • Who is liable for vehicle damage caused by technician who crashes a company car while texting? What about insuring employees’ personal vehicles?

Ouch! ‘Loose’ Work Orders Can Lighten Your Wallet, Kill Your Company

By Jason Knott · March 14, 2017 • Integrators who do not have the proper legal language in their initial contracts, POs or Work Orders, or do Change Orders based on email agreements, are losing in court.

Your Clients Can Now Trash You Online… And You Cannot Contractually Stop Them

By Jason Knott · February 22, 2017 • New law called the Consumer Review Fairness Act of 2016 enacted in the waning days of the Obama Administration prevents integrators from including a non-disparagement clause in their contract, specifically protecting consumers' right to post negative reviews. Law takes effect March 14, 2017.

4 Immediate Steps to Take If Your Client Suffers a Burglary, Fire ... or Worse

By Jason Knott · January 13, 2017 • If one of your clients' homes has an incident and you receive a 'claim letter' inquiry, you need to immediately contact your insurance company, preserve all records related to that account, limit what you provide to the client's insurer or lawyer, and don't try to explain what happened.

Is Your Distributor Charging You ‘Retail’ Sales Tax?

By Jason Knott · December 19, 2016 • Recent court ruling nails out-of-state wholesale security distributor for not charging integrators ‘retail sales tax.’ Integrators are deemed as ‘true end users’ of the equipment.

Mistakes to Avoid with Client Contracts: Who Should Sign & Who Shouldn’t?

By Jason Knott · December 9, 2016 • Integrators will not fare well in court enforcing change orders, service agreements or alarm monitoring contracts that are unsigned or signed by unauthorized employees. Adding signature provisions that stipulate certain signatures are required can make it even worse.

Calif. Bill to Threaten Annual Auto-Renewal Clause in Contracts

By Jason Knott · October 31, 2016 • SB 1428 would make all monitoring agreements with annual auto-renewal clauses revert to just month-to-month renewals upon expiration of initial term. Requires renewal clauses to be more conspicuous in contracts.

Disruptive Business Model: How Comtronics Makes Money on DIY Security, Home Automation

By Jason Knott · August 23, 2016 • The Jackson, Mich.-based integrator Comtronics’s leadership outlines details of its packaged DIY smart home solution. Discover the ROI, sales compensation, and go-to-market retail and online strategies that are giving the company a competitive edge.

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