Terms and Conditions – VoIP 9-1-1 ServiceBack
1. Service Description
The terms and conditions bellow apply to GoCo VoIP 9-1-1 service (“VoIP 9-1-1 Service”), which are offered with GoCo Unified Communications products (also called “VoIP Services”).
VoIP 9-1-1 Service is different from traditional 9-1-1 phone services:
a) With traditional 9-1-1 service, the phone service is provided and can only be used at a specific location, so 9-1-1 calls are sent directly to the nearest public safety answering points (“PSAP”). In cases where the caller is unable to speak, emergency services will be automatically dispatched to the location associated with the calling phone number. This type of 9-1-1 service is often called “enhanced 9-1-1”.
b) With VoIP 9-1-1 Service, the phone service can potentially be used anywhere with an Internet access. Therefore, VoIP 9-1-1 Service calls are sent to an emergency operator who will determine, from information obtained from a User, where the User is located and then transfer the call to the correct PSAP. The User must be prepared to confirm its current location and call-back telephone number with the emergency operator who answers the 9-1-1 call. The Customer must ensure that a User is aware of and can provide its current location and call-back telephone number, so that the User can communicate this information to the emergency operator and PSAP. In cases where the User is unable to speak, the emergency operator will send the call to the PSAP based on the location associated with the calling phone number in GoCo’s database. This type of 9-1-1 service is often called “Nomadic 9-1-1” or “N 9-1-1”.
As a result, a web portal is available at https://www.goco.ca/911-info/ (the “Portal”) for the Customer (and/or the Users) to update GoCo’s database with each User’s current physical location for the purpose of dispatching emergency services in case a User cannot communicate with the emergency operator. It might take GoCo up to 48 hours to apply any updates that the Customer (or a User) makes in the Portal.
2. Customer’s Responsibilities
It is the Customer’s sole responsibility to enter (and update, when needed), or make sure the Users enter (and update, when needed), each User’s current location using the Portal, and to ensure that this information is and remains accurate. If such information is not entered at all, or not entered on time or correctly, emergency services may be sent to the location in GoCo’s database rather than the location from where the 9-1-1 call was made.
It is the Customers’ sole responsibility to inform all potential Users of the VoIP 9-1-1 Service of the nature and limitations of the VoIP 9-1-1 Service when compared to enhanced 9-1-1 service that is available with analogic voice services. GoCo can provide the Customer with stickers for its phones to help achieve that end. The Customer is responsible to place stickers on the equipment provide to its Users to access the VoIP 9-1-1 Service. The Customer shall contact GoCo if it has not received such stickers or requires additional 9-1-1 stickers.
3. Specific Conditions
The emergency operator is available for VoIP 9-1-1 calls in Canada only, and the Portal does not accept locations outside of Canada. The Customer expressly authorizes GoCo and its affiliates to use and disclose the information entered in the Portal, and the Customer shall obtain the necessary authorizations or consents from the Users, if necessary. GoCo is not liable for any damages or losses, direct or indirect, arising from or relating to the Customer’s or the Users’ use of the Portal.
Furthermore, the VoIP 9-1-1 Service is subject to more variables and limitations than enhanced 9-1-1 service, including dependency on the availability of an Internet connection and electrical power. Consequently, VoIP 9-1-1 Service may not be available: during a power outage, during an Internet outage, when there is Internet congestion, or if the Internet service is disconnected, suspended or terminated. It is the Customer’s sole responsibility to implement, at its own cost, emergency backup systems, such as analog backup telephone lines, cellular telephones and/or a universal power supply (UPS) system, as well as to provide training to the Users.
As the VoIP 9-1-1 calls are routed to an emergency operator before being transferred to the PSAP, there may be delays in receiving 9-1-1 emergency services. VoIP 9-1-1 emergency calling is subject to the availability of 9-1-1 emergency services at the User’s actual location. If 9-1-1 emergency services are not available from the location where the call is made, the User must directly contact the emergency services, such as the local fire, EMS (ambulance) or police department.
In addition to any limitation of liability specified elsewhere in the Agreement, the total liability of GoCo (and of the PSAP or the emergency services provider) toward the Customer and the Users for any and all claims relating to or arising out of the provision of the VoIP 9-1-1 Service, whether based in contract, tort (including negligence) or otherwise, will not exceed the total charges paid by the Customer to GoCo for the VoIP Service(s) associated with the telephone number that was used to call the VoIP 9-1-1 Service over the twelve (12) month period immediately preceding the event which gave rise to such claim(s).