Legal

911 Service Limitations & Disclosure Notice

Updated September 2022

911 Service Limitations & Disclosure Notice

This “Notice” is a material part of the VOIP Services Agreement. The Customer represents, warrants and agrees that it has read, understood and agrees to these limitations, restrictions and terms applicable to the Votacall’s VoIP Services (the “Services”).

1.0 As more fully detailed in this Notice, Votacall Hosted VoIP Service 911 capabilities are subject to the following limitations and terms of service.

  • YOUR E911 SERVICE MAY NOT WORK IF THERE IS A POWER OUTAGE.
  • YOUR E911 SERVICE MAY NOT WORK IF YOUR BROADBAND CONNECTION IS DISRUPTED OR CONGESTED FOR ANY REASON, OR IF YOUR SERVICE IS TERMINATED OR SUSPENDED FOR ANY REASON INCLUDING BUT NOT LIMITED TO NON  PAYMENT.
  • YOUR E911 SERVICE MAY NOT BE OPERATIVE UNTIL YOU INITIATE BILLING SERVICE WITH VOTACALL, AFTER ALL PORTS ARE COMPLETED OR NEW NUMBERS ARE ACTIVATED, OR IF YOU MOVE YOUR SERVICE ADDRESS WITHOUT NOTIFYING VOTACALL INC.
  • YOUR 911 SERVICE WILL NOT WORK IF YOU MOVE YOUR PHONE TO A NEW LOCATION WITHOUT UPDATING YOUR ADDRESS IN THE E911 SYSTEM.
  • YOUR E911 SERVICE MAY NOT WORK IF YOU USE VOTACALL FOR REMOTE USE WITHOUT NOTIFYING VOTACALL AND MODIFYING THE USER PERSONAL ADDRESS INFORMATION.
  • YOUR E911 SERVICE MAY NOT WORK IF THE TELEPHONE NUMBER PROGRAMMED ON THE IP PHONE IS FROM A DIFFERENT GEOGRAPHIC RATE CENTER THAN WHERE THE IP PHONE IS PHYSICALLY LOCATED.
  • YOUR E911 SERVICE MAY NOT WORK IF YOU INCORRECTLY FILLED OUT YOUR ADDRESS VERIFICATION FORM.
  • YOUR E911 SERVICE MAY NOT WORK IF YOU USE A PC-BASED IP SOFT PHONE.
  • YOUR E911 SERVICE MAY NOT WORK IF THE TELEPHONE NUMBER PROGRAMMED ON THE IP PHONE BEGINS WITH A TOLL FREE PREFIX (800, 811, 822, 833, 844, 855, 866, 877, 880, 881, 882, 888, 889)

2.0 EMERGENCY SERVICES – E911 CALLING

2.1 Non-Availability of Traditional 911 or E911 Calling Service

Votacall E911 Service is a mandatory component of all Votacall services (“Votacall Service” or “Votacall Services”).  Votacall E911 Service enables Customers to communicate with emergency services by dialing 911. By signing an order form for Votacall Services the Customer acknowledges and agrees however that Votacall 911 Service is different in important ways from traditional landline 911 and cellular/wireless 911. Votacall E911 services may not be sufficient to meet the needs of every Customer. Customer acknowledges that it is Customer’s responsibility to determine the technology or combination of technologies best suited to meet Customer’s emergency calling needs and to make any arrangements necessary to access such services. Customer therefore acknowledges and agrees that the Votacall Service does NOT support traditional 911 or E911 access to emergency services. Customer shall inform ALL employees, staff, users, and other third persons who may be present at Customer’s physical location(s) where Customer uses Votacall Service of the non-availability of traditional 911 or E911 dialing and access from Votacall Service and equipment. If Customer activates Votacall emergency dialing service, Customer shall inform ALL employees, staff, and users.

2.2 Description of Emergency Dialing Capabilities

2.2.1 Activation Required

(a) Votacall offers emergency dialing service in the United States (but may not offer such service in all areas of the United States) that is different in a number of important ways from traditional 911 service.  While Votacall’s voice products are configured to permit 911 services, 911 emergency dialing is NOT automatic. Votacalll will enable direct 911 dialing and other features required by law for the systems it installs and complete the set up for such functionality at the Customer’s main number(s) at the time of initial installation, Thereafter, Customer must affirmatively and successfully activate the 911 emergency dialing features on each end user device by following the instructions provided by Votacall, and Customer must update (or ensure that the end user updates) the location of each device in accordance with the provisions of this Notice.  Customer is solely responsible for determining the number of end user devices and/or lines to be used in connection with its Votacall Services, and following Votacall’s initial installation and set-up as described herein, for proper activation, use and updating of the same. When Customer dials 911, the 911 call is routed from Votacall’s network to the Public Safety Answering Point (PSAP) or local emergency service personnel designated for the physical address Customer provided Votacall at the time of activation of Service and/or as updated by Customer in the My Votacall  Customer Portal.  Customer acknowledges and agrees that 911 calls made via Votacall Service may be routed to the general telephone number for the PSAP or local emergency service provider, and may not be routed to the 911 dispatcher(s) who is specifically designated to receive incoming 911 calls using traditional 911 dialing.

(b) Votacall relies on third parties for the forwarding of information underlying such routing and, accordingly, Votacall and Votacall’ s third party service provider(s) disclaim any and all liability or responsibility in the event any such information or routing is incorrect. As described herein, this emergency dialing on Votacall Service is NOT the same as traditional 911 or E911 calling, and does not necessarily include all of the capabilities of traditional 911 dialing. Neither Votacall nor Votacall’s officers, directors, employees, agents, suppliers, contractors, or vendors shall be held liable for any claim, damage, or loss, and Customer hereby waives any and all such claims, causes of action, liability, and damages arising from or relating to emergency dialing unless such claim, damage, cause of action, or loss directly results from Votacall’s gross negligence or intentional misconduct. Customer shall indemnify and hold harmless Votacall and Votacall’ s officers, directors, employees, agents, suppliers, contractors, or vendors from any claim, cause of action, liability, or loss arising out of or related to misrouting of or inability to make emergency calls, including, without limitation, Customer’s failure to follow correct activation procedures for 911 emergency calling or Customer supplying Votacall or any of its third party service providers with any inaccurate, outdated, or incorrect information in connection therewith.

2.3 Service Outage

2.3.1 Power Failure or Disruption

Customer acknowledges and agrees that emergency dialing will not function in the event of a power failure or disruption. If there is an interruption in the power supply, a power surge, or a power failure, the Service and emergency dialing will not function until power is restored. Customer acknowledges and agrees that a power failure, power surge, or power disruption may require Customer to reset or reconfigure equipment prior to using the Service or being able to make emergency 911 calls.

2.3.2 Service Suspension or Termination by Votacall or Broadband Service Provider

Customer acknowledges and agrees that a Service outage or suspension (including, without limitation, suspension of Service due to billing issues or delinquent or unpaid invoices) or termination of Service by Votacall, or by the provider of Customer’s broadband Internet services, will prevent ALL Service, including the ability to make emergency 911 calls.

2.3.3 Other Service Outages

Customer acknowledges and agrees that if there is a Service outage for ANY reason, such outage will prevent ALL Service, including the ability to make emergency 911 calls. Such outage may occur for a variety of reasons, including, without limitation, those reasons described elsewhere in this E911 Disclosure Notice or the Votacall Terms of Service posted at www.votacall.com/terms-of-service.

2.4 Registered Location

2.4.1 Registered Location Required

All Customers ARE REQUIRED TO REGISTER THE PHYSICAL LOCATION OF ALL EQUIPMENT USED WITH THE SERVICE WITH VOTACALL AT THE TIME OF SERVICE ACTIVATION AND AT THE TIME THAT ANY DEVICE USING THE SERVICE IS RELOCATED. Votacall will complete the initial 911 registration for all main numbers, users, lines and devices. Votacall will obtain the correct information from the Customer and will complete the initial registration. It is the Customers responsibility to verify and validate the information after registration. Assistance may be obtained through Votacall’s support web portal or by calling Votacall customer service 866-303-8600; however, following the initial system installation described above, Customer is solely responsible for the inputting of the required location information for each number, line or device using the Votacall Service. Such physical location shall include, at a minimum, the street address, floor and unit/suite/apartment/room number at which such equipment is used. Customer agrees to ensure that the physical location of its equipment is correct and to update immediately the location whenever the physical location of any device using the Service changes. Customer acknowledges and agrees that updates may incur a fee, and Customer agrees to pay all such fees as invoiced by Votacall. Customer further acknowledges and understands that any location information passed to emergency personnel by Votacall will be based upon the physical location provided by Customer to Votacall.

2.4.2 Failure to Designate and Identify the Correct Physical Address When Activating 911

Customer acknowledges and agrees that Customer’s failure to provide and keep current Customer’s correct physical location(s) will result in any 911 call or other emergency communication made by Customer and/or from Customer’s actual location (if different from the location previously supplied to Votacall by Customer) being routed to the incorrect local emergency service provider. Customer’s physical location(s) may NOT be a post office box, mail drop, or similar address. Neither Votacall nor Customer shall assume under any circumstances that Customer’s physical office location for emergency 911 calling purposes is the same as Customer’s billing address for receipt of invoices.

2.4.3 Re-Activation Required in Event of Change, Add or Port New Numbers

Customer acknowledges and agrees that emergency 911 calls do not function with respect to telephone numbers that Customer changes, adds, and/or ports to Customer’s Votacall account unless and until Customer successfully activates the 911 calling feature for each such changed, newly added, and newly ported telephone number. Even if Customer successfully activates 911 emergency dialing with other telephone numbers through which Customer receives Service from Votacall, Customer acknowledges and agrees that Customer MUST separately activate emergency 911 calling for any and all changed or newly added or ported telephone number.

2.4.4 Re-Activation Required in Event of Location Change

Customer acknowledges and agrees that emergency 911 calling will not function properly or at all if Customer moves, relocates, or otherwise changes Customer’s physical office location(s) or the location of any device used with the Service to any different street address, unless and until Customer successfully activates the emergency 911 calling capability at each such physical location. Even if Customer successfully activates emergency dialing from Customer’s previous physical location(s), Customer acknowledges and agrees Customer MUST re-activate emergency dialing for any new physical location of any device, and Customer shall pay all fees associated therewith upon invoice by Votacall. Customer acknowledges and agrees that Customer’s failure to provide Votacall with Customer’s updated and correct physical location(s) will result in any emergency 911 calls being routed to the incorrect local emergency service provider. Neither Votacall nor Customer shall assume under any circumstances that Customer’s physical office location for emergency 911 calling purposes is the same as Customer’s billing address for receipt of invoices.   Customer acknowledges and agrees that the effectiveness of location registrations or updates may be delayed for reasons outside of Votacall’s control.

2.5 USE OF VOTACALL’S SERVICE OUTSIDE THE UNITED STATES.

CUSTOMER ACKNOWLEDGES THAT ANY CALLER USING THE SERVICE FROM ANY LOCATION OUTSIDE THE UNITED STATES WILL BE UNABLE TO USE OR ACCESS E911 SERVICE OR PLACE ANY E911 EMERGENCY CALLS.

2.6 Automated Number Identification

Customer acknowledges and agrees that it may not be possible for the Public Safety Answering Point (PSAP) and the local emergency personnel to identify Customer’s telephone number when Customer dials 911 via Votacall E911 Service. Customer acknowledges and agrees that PSAP and emergency personnel may be unable to identify Customer’s telephone number in order to call Customer back in the event that an emergency call is unable to be completed, is dropped, or disconnected, or if a caller is unable to speak to provide the telephone number from which the caller is calling, and/or if the Service is not operational for any reason including, without limitation, the reasons and situations listed elsewhere in this E911 Disclosure Notice and the Votacall Terms of Service.

2.7 Automated Location Identification

Customer acknowledges and agrees that it may not be possible to transmit identification of the Customer physical office location address to the PSAP and local emergency personnel for Customer’s area when Customer or any caller at Customer’s premises dials 911. Customer acknowledges and agrees that a caller must state the nature of the emergency promptly and clearly, including the caller’s specific physical location, as PSAP and emergency personnel may NOT have this information. Customer acknowledges and agrees that PSAP and emergency personnel may not be able to find a caller’s location if the call is unable to be completed, is dropped, or disconnected, or if the caller is unable to speak to provide the location from which the caller is calling and/or if the Service is not operational for any reason including, without limitation, those reasons and situations listed elsewhere in this E911 Disclosure Notice and the Votacall Terms of Service.

2.8 Multiline Systems

2.8.1 Notification.

Customers whose Services involve multiple phone lines or “seats” will designate a location (including email and/or mobile phone number) to receive notification whenever a 911 call is placed using Customer’s Services, and at which an employee, contractor or other person(s) designated by Customer is likely to see such notification 24/7/365. Customer will ensure that such information remains up-to-date in its account and applicable system software or hardware, and shall notify Votacall promptly upon any change in such information.

2.8.2 Multiline System Management

Customer will be responsible for managing and directing the configuration and operation of any multiline or multi-seat voice Service ordered by Customer. Without limiting the generality of the foregoing, Customer will be responsible for managing its use of the Services and its operation of all equipment and devices used with the Services in accordance with all applicable laws, including without limitation, Kari’s Law, RAY BAUM’s Act, and the implementing regulations of the Federal Communications Commission, as well as applicable state laws in Customer’s location(s). Customer’s obligations shall include, without limitation, (a) designating one or more administrators who are authorized to order seats, lines or other modifications to the Service, or to reconfigure hardware used with the Service; (b) determining the number of lines, seats and or DID numbers required for Customer’s needs, the assignment and re-assignment of lines, seats and/or DID numbers among its End Users, changes in the number, location or other characteristics of lines or seats required; and (c) the day-to-day operations of the Service.

2.9 Alternative 911 Arrangements

Customer acknowledges and agrees that Votacall does not offer primary line or lifeline services. Votacall strongly urges Customer to always maintain means of accessing traditional E911 emergency services from all Customer locations and take appropriate measures and precautions to ensure such emergency services are available to Customer and callers at Customer’s premises. Customer should always open a ticket at support.votacall.com or call 866-303-8600 to maintain updated E911 information with Votacall.

3.0 Warranty Disclaimer, Limitation of Liability and Indemnification

Except as otherwise expressly stated in this Notice or the Terms of Service, the emergency services are provided on an “as is” basis. VOTACALL EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THE EMERGENCY SERVICES, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

Customer acknowledges and agrees that, to the fullest extent permitted by applicable law, Votacall shall not be liable for any inability to complete emergency 911 calls from any Customer line or Customer site or to access emergency service personnel, for any reason whatsoever, except to the extent that such failure is caused by Votacall’s gross negligence or willful misconduct. This disclaimer of liability is in addition to the limitations of liability set forth in the Terms of Service available at www.Votacall.com.

CUSTOMER SHALL PROTECT, DEFEND, INDEMNIFY, AND HOLD HARMLESS VOTACALL, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, CONTRACTORS, AND AGENTS AND ANY OTHER SERVICE PROVIDER THAT FURNISHES SERVICES TO CUSTOMER IN CONNECTION WITH THE VOTACALL SERVICE, FROM ANY AND ALL CLAIMS, LAWSUITS, LOSSES, DAMAGES, LIABILITY, FINES, PENALTIES, COSTS, AND EXPENSES INCLUDING, WITHOUT LIMITATION, ATTORNEY’S FEES AND COSTS, ARISING FROM, OR RELATED TO, ANY ABSENCE, FAILURE, OR OUTAGE OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, EMERGENCY 911 CALLING AND/OR INABILITY OF CUSTOMER OR ANY CUSTOMER EMPLOYEE, THIRD PERSON OR PARTY, OR USER OF VOTACALL’S SERVICE TO BE ABLE TO CALL 911 OR TO ACCESS EMERGENCY SERVICE PERSONNEL. IN NO EVENT SHALL VOTACALL BE LIABLE TO CUSTOMER OR ANY THIRD PARTY FOR INCIDENTAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, OR SPECIAL DAMAGES RELATED TO CUSTOMER’S USE OF OR INABILITY TO USE E911 SERVICES.

Customer agrees and acknowledges that Votacall has entered into the Terms of Service /or any other agreement or service order with Customer and is providing its Service in reliance upon the limitations and exclusions of liability and the disclaimers set forth in this E911 Disclosure Notice, including, without limitation, this Section and the Votacall Terms of Service, and that the same form an essential basis of the agreement between the parties. The parties agree that the limitations and exclusions of liability and disclaimers specified in the Order Form and this E911 Disclosure Notice, including, without limitation, this Section, shall survive and apply even if found to have failed their essential purpose; and Customer hereby waives its right to contest the enforceability of any provision of this E911 Disclosure Notice by reason of such failure.

 

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