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RULE §35.6Contract and Notification Requirements

(a) A company license holder shall inform the client of the right to a written contract describing the fees to be charged and the services to be rendered.

(b) If requested, a written contract for regulated services shall be furnished to a client within seven (7) days.

(c) The written contract shall be dated and signed by the owner or other individual expressly authorized to execute contracts on behalf of the licensee.

(d) Within seven (7) days of contracting for regulated services with another licensee, the licensee shall:

  (1) Notify the recipient of those services of the name, address, and telephone number, and individual to contact at the company that purchased the contract;

  (2) Notify the recipient of services at the time the contract is negotiated that another licensed company may provide any, all or part of the services requested by subcontracting or outsourcing those services; and

  (3) Notify the recipient of services of the name, address, phone number, and license number of the company providing those services, if any of the services are subcontracted or outsourced to a licensed third party.

(e) The notice required under subsection (d) of this section shall:

  (1) Be provided to the recipient in a written form that emphasizes the required information; and

  (2) If the services are those of an alarm system company, required notice shall include stickers or other materials to be affixed to the alarm system indicating the alarm system company's or alarm systems monitor's new telephone number.

(f) Subsection (e) of this section shall not apply to an alarm system company that subcontracts its monitoring services to another alarm system company if the conditions detailed in this subsection are met:

  (1) The contract for monitoring is with another alarm systems company licensed under the Act;

  (2) The contract between the original contracting licensee and the client remains in full force and effect, continues to govern all rights of the client with respect to the provision of alarm services, and remains in the control of the original contracting licensee;

  (3) Neither the contact information provided to the client, nor the address and telephone numbers for alarm service, have changed as a result of the subcontracting arrangement; and

  (4) The contact information provided to the client relating to the monitoring of the alarm system has not changed.

Source Note: The provisions of this §35.6 adopted to be effective May 6, 2014, 39 TexReg 3606; amended to be effective December 29, 2019, 44 TexReg 8026

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