Emergency Calling Services: Terms and Conditions

Emergency Calling Services Terms and Conditions

 

1. General Terms for Emergency Calling Services

1.1. Scope. Emergency calling services are available as part of Conversations and Talkdesk Phone™ only (“Emergency Calling Services”).

1.2. Limitations

1.2.1. Customer acknowledges and agrees that IP-based voice (VoIP) services, including Emergency Calling Services, differ from traditional telephone service.  Customer expressly consents to the limitations of  Emergency Calling Services and agrees to comply with these Emergency Calling Services Terms and Conditions. 

1.2.2. Emergency Calling Services may not be available in the event of a power failure, fraudulent use, equipment failure, service outage, or network or Internet congestion. Emergency Calling Services rely on the networks, products, services, and operations of third parties, including telecommunications carriers and Public Safety Answering Points (“PSAP”).

1.2.3. Emergency Calling Services are exclusively for Authorised Users’s emergencies and not for handling external emergency requests from inbound callers.

1.2.4. Emergency Calling Services are subject to the following limitations:

a) 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. Authorized Users 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 provider if the address associated with the service does not match the Authorized User’s actual geographic location or if the address has changed. 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. It is therefore important that the location registration is correct and updated immediately.  Location changes may take up to five (5) business days for the location change to be reflected in the records, depending on the country and the underlying carrier. During that time, the calls may not reach any emergency service provider or may not reach the correct emergency services provider.

1.3. Customer’s Obligations

1.3.1. Customer must ensure that the Authorized Users:

a) have available at all times alternative means for accessing traditional emergency services;

b) are aware of the nature and limitations of Emergency Calling Services; and

c) direct inbound callers in danger to hang up the call and dial the emergency number directly.

1.3.2. Customer must provide Authorized Users with (i) stickers that can be affixed to each enabled device and explain the limitations of Emergency Calling Services; and (ii) notice by other conspicuous means that explain the limitations of Emergency Calling Services. 

 

2. Terms for Emergency Calling Services when the Customer’s account is hosted in US Region

2.1. Enhanced 911 calling service

Talkdesk or its Affiliates provide Enhanced 911 (E911) Emergency Calling Service in the USA and Canada for Customer’s accounts hosted in the US region. E911 enables calls to be routed to the appropriate PSAP and the caller’s location and phone number to be displayed for the call dispatcher.


2.1.1. Only the following dial-digit plans are acceptable for the completion of emergency calls:

  • through Conversations: 911, and  +1911;
  • through TD Phone:  911, 1911, +911 and +1911.

2.1.2. The customer’s account administrator must enable and configure the Emergency Services. Customers must provide the main company address, callback number, name, and emails to receive call notifications with the address details every time an emergency call is placed. Authorized Users must be trained to configure and update the account with accurate location data, call back number, and valid address before starting using Conversations and/or TD Phone applications. If the Customer fails to provide the required information, Talkdesk or its Affiliates may not be able to provide Emergency calling Services, in whole or in part. 

2.1.3. If the Customer is using a Bring your Own Carrier (BYOC) number, the calls placed to the emergency services will not be routed to the Customer’s carrier. Instead, the Customer agrees to use the E911 service provided byTalkdesk or its Affiliates to deliver the calls to the respective emergency service in the US or Canada based on the previously provided location.

2.1.4. Calls to emergency services in countries other than the United States and Canada are not supported nor enabled by default when the account is hosted in the US region. If this capability is needed, the Customer should contact its sales representative to discuss specific country requirements and check the best region to host the account.

2.2. Calls to US emergency services providers.

Calls made from a non-provisioned or improperly provisioned device, will be handled by the backbone provider 24/7 Emergency Call Center (ECC) instead of the correct PSAP and will be charged a per-call ECC charge, the amount of which is indicated in the rate-card, as updated from time to time. Customer agrees to pay 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 to provide the service and not a penalty. The failure by the Customer to correct non-provisioned or improperly provisioned telephone numbers and addresses, resulting in the imposition of repeated monthly additional fees, shall be considered a material breach of the Agreement.

2.3. Calls to Canadian emergency services providers. 

Additional limitations:

a) calls to 911 are forwarded to a national emergency call center that routes the call to the appropriate local PSAP.  This national emergency call center requires additional information such as name, address, and telephone number to route the call to the proper PSAP, and also provide the dispatcher with this information for assistance. In the event the Authorized User does not configure this information properly in the Service, the call may still be established, but the Customer may incur additional charges to triage and route the call to the appropriate PSAP, which the Customer agrees to pay;

b) if the Authorized User is disconnected from the emergency service operator, the operator may not be able to locate the End-User and the End User shall call the emergency service operator back as soon as possible.

 

3. Terms for Emergency calling Services when the Customer’s account is not hosted in US Region

3.1. Emergency calls from numbers provided by Talkdesk or its Affiliates

3.1.1 Customer must request the Emergency Calling Services to be enabled by submitting a support ticket, providing the list of phone numbers, the respective emergency addresses to be configured, and any other information that might be requested. 

3.1.2 If Customer fails to provide the required information, Talkdesk or its Affiliates may not be able to provide the Emergency Calling Services.

3.2. BYOC Customers 

3.2.1 When a Customer is using BYOC numbers, it is the Customer’s responsibility to agree with their carriers their own emergency calling solution. Talkdesk or its Affiliates support only the routing to the Customer’s carrier of calls placed to emergency telephone numbers, subject to the Authorized User placing the call from a telephone number associated with a BYOC trunk and starting with the country code of the Authorised User’s address provided by the Customer to its carrier.

3.2.2 BYOC customers are responsible for:

- properly set up emergency services with their carrier;

- maintaining and updating the address details of the Authorised User with their carrier;

- configure the appropriate settings in the Talkdesk Services (if applicable).

Talkdesk is in no case responsible for the Emergency Calling Services once they are routed to BYOC trunks.

 

4. Indemnification obligations

To the maximum extent permitted by law, Customer agrees to indemnify, defend, and hold harmless Talkdesk and its Affiliates, subsidiaries, employees, shareholders, agents, vendors, and representatives from any and all claims that may arise from Customer’s failure to comply with these Emergency Calling Services Terms and Conditions, including, but not limited to, as a result of the failure of Customer to provide a correct or updated address or to request the Emergency Calling Services to be enabled.




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