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CRITICAL E911 NOTIFICATION.

Voice over Internet Protocol(VoiP) in relation to 911 services.

1. VoIP services allow you to make or receive telephone calls over the Internet to or from the public switched telephone network similar to a traditional telephone service, yet there are important distinctions that the user needs to be aware of.  This notification should be deemed actual notice of these critical distinctions.  Customer acknowledges and agrees that differences exist between traditional telephone service and IP-based voice services and that the emergency calls may be handled differently than emergency calls placed with traditional telephone service.  Customer expressly consents to the limitations of the E911/911 services, including without limitation, those described herein, and may consider alternate means for accessing traditional emergency services.
2. Customer acknowledges that the E911/911 services may not be available in the event of a power failure, fraudulent use,  failure of Customer’s equipment, service outage, or network or Internet congestion or outage, and Customer accepts the responsibility of confirming that its users have the means to make emergency calls in such circumstances.  Customer further acknowledges and agrees that the E911/911 services rely on the networks, products, services and operations of third parties, including telecommunications carriers and Public Safety Answering Points (“PSAP”), and the Company is not responsible for the acts or omissions of any such third parties.  Customer also agrees to notify its users of the nature and limitations of the E911/911 services as described in this Notification.  The Company will not be liable for any loss or damage (financial or otherwise) where Customer fails to do so.
3. The provision of E911/911 shall be conditioned on Customer providing the Company with accurate location data, call back number, valid address or any other information required and requested by the Company in order to provide the E911/911 services.  Customer shall provide this information in a timely manner and in a format required or requested by the Company.  Customer shall update this information whenever necessary to reflect changes.  The Parties understand and acknowledge that should Customer fail to provide any such information, the Company may not be able to provide the E911/911 services, in whole or in part.  Customer  agrees to release  indemnify and defend the Company and all of its affiliates, subsidiaries, employees, shareholders, agents, vendors, and representatives from any and all claims that may arise from Customer’s failure to satisfy this section including resulting from the failure of Customer  to provide a correct or updated address to the Company.
4. Customer acknowledges and agrees that the Company, its affiliates, directors, officers, employees, agents, underlying local provider(s) or other public or private agencies and any third party providers will not be liable for any injury, death or damage to persons or property, or any other claim arising directly or indirectly out of, or relating in any way to the E911/911, including without limitation any inability on the part of the Customer or a user to access the E911/911 service, except to the extent such claims or causes of action arose from the Company’s gross negligence, recklessness or willful misconduct.  
5. IP Desk Phones and Soft Phones – With traditional PSTN services, your 911 call is routed to the appropriate local PSAP based on your automatically generated location information.  For E911/911 services provided in the United States of America, the Customer affirmatively acknowledges (and agrees to  maintain similar affirmative acknowledgements from its End Users) that the Company does not provide traditional E911/911 services and that the services are subject to the following limitations:

1. • a) Emergency Service Responders May Not Automatically Know The Number or Location.  Unlike traditional emergency 911 services, when Customer’s End Users call 911 using IP Desk Phones or Soft Phones, the emergency personnel receiving the call may not be able to automatically identify the phone number or the physical address from which the call originates.  End User might need to tell the emergency personnel the nature of the emergency, give them the phone number, and describe the physical location.  If the call is dropped for any reason, emergency personnel may not be able to call back or find the location.
   • b) The Call May Not Reach the Correct Emergency Service If the Service Registers An Incorrect Service Address.  If Customer or End User provides an incorrect physical address, emergency calls may be routed to the incorrect emergency service provider.  The emergency personnel may not be able to respond to the emergency, transfer the call to the geographically appropriate emergency center or otherwise provide assistance.
   • c) The Call May Not Reach the Correct Emergency Services If the Telephone Number Does Not Match End User’s Actual Geographic Location.  Emergency service personnel cannot accurately track the location through the Company’s system and it is therefore important that the location registration remains updated.  For example, if End User utilizes its telephone equipment in Virginia where the area code is 703, but the assigned Number has an area code of 212, an area code associated with New York City, when the End User dials 911, it may not be able to reach any emergency personnel.  Even if the End User does reach emergency personnel, it may not be calling the emergency personnel near the End User’s actual location (the Virginia caller may be calling emergency services located in New York) and the emergency personnel may not be able to transfer the call to respond to the emergency, or otherwise provide assistance.
   • d) The Call May Not Reach the Correct Emergency Services If The Equipment Is Moved to a Location Different From the Address Initially Registered.  It is important that the location of the IP Desk Phone or soft phone is accurately registered every time the equipment is moved.  If the equipment is moved to another location without reregistering, when a call is made to 911, the call may not reach any emergency personnel.  Even if emergency personnel is reached, the call may not be completed to the emergency personnel near the actual location if the location has not been updated and emergency personnel may not be able to transfer the call, respond to the emergency, or otherwise provide assistance.
   • e) The Call May Not Reach the Correct Emergency Services If The New Location Is Not Re-Registered Or Customer Calls 911 Within 48 Hours of Updating Its Location.  It is important that the location of the IP Desk Phone or Soft Phone is accurately registered every time the equipment is moved.  Location changes may take up to 48 hours for the location change to be reflected in the Company’s records.  During that time, the calls may not reach any emergency service provider or may not reach the correct emergency services provider.

6. The following provisions also apply to Emergency Services provided in the United States of America:

• • a) Customer agrees to provide its End Users with either (i) stickers that can be affixed to each enabled device and explain the limitations of the Emergency Services; or (ii) notice by other conspicuous means that explain the limitations of E911/911 services. Customer agrees to indemnify and defend the Company and all of its affiliates, subsidiaries, employees, shareholders, agents, vendors, and representatives from any and all Claims, that may arise from Customer’s or End Users’ failure to affix the labels or provide notice as provided in this subsection (a).
  • b) Customer acknowledges that only the following dial digit plans are acceptable for completion of emergency calls: (1) 911, (2) 1911, (3) +911, and (4) +1911.
  • c) If a call is made from a non-provisioned or improperly provisioned telephone number, the call will not be automatically routed to the correct Public Service Answering Point (PSAP).  Instead, that call will be handled by the backbone provider 24/7 Emergency Call Center (ECC).  Customer acknowledges that for emergency call routing involving the ECC, the Company has no ability to assist the caller in the event that (i) the caller cannot speak or identify their address; (ii) the data connectivity between the address database and the ECC is interrupted; or (iii) the Company cannot provide the endpoint location information.  Customer must also pay a per-call ECC charge of US$__. Customer acknowledges responsibility for all ECC charges even if erroneous calls are placed by unknown persons accidentally or purposefully.  The Parties acknowledge that this additional fee represents a good faith estimate of the additional cost, which will be incurred by the Company and not a penalty. The Company may terminate the agreement, if Customer fails to correct non-provisioned or improperly provisioned telephone numbers and addresses, resulting in the imposition of repeated monthly additional fees.

7. For services provided in Canada, Customer affirmatively acknowledges and expressly consents that the Company does not provide traditional E911/911 services and that the E911/911 services are subject to the following additional limitations:
   • a) With traditional phone service, Customer’s End User’s 911 call is sent directly to the nearest emergency response center.  With IP Desk Phones or Soft Phones over VoIP Services, your 911 call is forwarded to a national emergency call center that routes your call to the appropriate local PSAP based on information provided by the user of the system.  This  is different from the PSAP that would answer a traditional 911 call, and consequently, you may be required to provide your name, address, and callback telephone number to the E911 service, so that it may route the call to the correct PSAP, and provide accurate location identification.
   • b) Making 911 calls.

Traditional phone services 911 calls are routed to PSAP which can determine the location from where the call was placed.

With VoIP Services, E911 calls are forwarded to a national emergency call center that routes your call to the appropriate local PSAP.  This third party service requires additional information such as name, address, and telephone number to the third party to route the call to the proper PSAP, and also provide the dispatcher with this information for assistance. In the event the user does not provide this information in the softphone, the 911 call will still be established, but calls may incur additional charges to triage and route the call to appropriate PSAP.

• • c) E911 Process. If a Customer places a 911 call through our system, it is designed to provide the emergency service operator with the name, address, callback telephone number and preferred language associated with the user settings.  As VoIP differs from Traditional phone services the emergency service operator may not be able to process the required information as a result the Customer dialing the 911 call should inform the dispatcher of their location.  If this information is not or cannot be conveyed emergency services may not be able to locate the caller or the location of the emergency.
  • d) Remain on the Line.  Please remain on the line with the Emergency Service Operator.  If you are disconnected from the emergency service operator the operator may not be able to locate you.  If you are disconnected, call them back as soon as possible.
  • e) Customer is responsible for providing, maintaining, and updating correct contact information (including name, address and telephone number) with his or her account.  If Customer does not correctly identify the actual location where he or she is located, or if Customer’s account information has recently changed or has otherwise not been updated, 911 calls may be misdirected to an incorrect emergency response site.

8. Busy Signals.  If you receive a busy signal keep attempting to call the emergency services until you are connected.
9. Making 911 Calls from a Mobile Phone – If you dial 911 from [Talkdesk Service], the call will be routed to your mobile carrier and the mobile carrier will handle the provision of the 911 Services.  In instances where wireless does not have service 911 the user will not be able to make 911 calls.
10. 911 Failure.  911 calls may be unable to connect due to certain Technical Failures, such as.

• • a) Failure of the system access equipment.
  • b) Improper configuration.
  • c) Power outage
  • d) Carrier outage
  • e) Disconnection or suspension of services as provided in the agreement.
  • f) Internet outages (including network congestion and loss or degradation of Internet services)

Due to the limitations inherent in contacting 911 via the VoIP it is best practice to use a traditional phone service to call 911, where possible.