Offisky E911 Emergency Service Agreement

This section contains important provisions, including those regarding 9-1-1 service:

VoIP services allow you to make or receive telephone calls over the Internet to or from the public switched telephone network. The nature of VoIP telephone calls, while appearing similar to traditional telephone calling services, create unique limitations and circumstances, and you must understand and agree that differences exist between traditional telephone service and VoIP telephone services, including the lack of traditional 9-1-1 emergency services.


911 SERVICE
The 911 Service provided by Offisky is available upon Service activation. Applicable 911 fees are charged as of the service activation date. The 911 service provided by Offisky differs in a number of important ways from traditional 911 or E911 dialing available with most traditional telephone services - and has specific limitations relative to Enhanced 911 (E911).


E911 vs. Basic 911 Service
When placing a call to emergency services with E911 or Enhanced 911, the customer's telephone number and location are automatically transmitted to the operator during the call. With Basic 911 (B911) the customer's telephone number and location are not automatically transmitted to the operator. The operator at the answering location verbally obtains the pertinent information that identifies the caller's need and physical location. The operator then determines the appropriate agency and transfers the call.


Offisky VOIP 9-1-1 Service Description
When the customer dials 911 the customer's call is routed from Offisky network to the emergency services operator. The customer will need to confirm with the operator that they are still located at the address the customer has registered with Offisky. If the customer calls from a location other than the address registered with Offisky, the customer will need to provide the operator with a current address or location. The operator will then determine the appropriate emergency agency and transfer the customer's call accordingly. There may be an additional delay to transfer the customer's emergency service call to areas not served by traditional 911. When the customer dials 911, they should not hang up unless told to do so by the operator or the emergency service attendant. If the call is disconnected prematurely the customer will need to call back to re-establish a connection with the emergency services. The customer must provide Offisky with the service address for each activated and/or ported DID and/or charge number as applicable and ensure each location information is kept current at all times. Only DIDs and/or charge numbers that are provisioned with Offisky and have applicable fees paid may be used as the Calling Party ID for 911 calls. The use of any other DID or charge number is a license violation and a public safety hazard. In the event the customer is unable to speak during a 911 call the operator will automatically dispatch emergency services to the address registered on file. If the customer dials 911 when they are outside of Canada or the United States the emergency services operator will advise them to hang up and find a local phone line and dial the appropriate emergency services (it may not be 911).


Power or Broadband Outage
A power failure or disruption may require the end user to reset or reconfigure equipment prior to using the service. Power disruptions or failures or ISP (Internet Service provider) outages or partial outages or service suspension / disconnection, are likely to prevent dialing to emergency service numbers including 911. In the events listed above the end user may need to access a traditional phone or cellular phone to make an emergency call. The customer acknowledges and understands that in the event of an outage, malfunction or any other unavailability of their Internet connection or related equipment, including without limitations, improper modification or any tampering with their computer or related software or hardware, the service may not function; the customer will continue to be billed for the service until the customer or Offisky terminate the service in accordance with this Agreement.
WARNING: Power disruptions or failures, Internet Service Provider (ISP) outages or unavailability and tampering with the equipment will likely prevent dialing to emergency service numbers including 911.


Ensure all Phone Numbers maintain 911 Service, if required
With Offisky telecommunication service, phone numbers may or may not have 911 services assigned to it, depending on the setup of the phone numbers. It is the sole responsibility of the Customer to ensure all phone numbers which may require emergency service has assigned with 911 Service, with the appropriate and updated service address.


Informing Others of the 911 Service Limitations
Customer should inform any persons who may be present at the physical location where the Customer utilizes the Service of the limitations of Offisky's 911 service as compared with traditional 911 service, as set out above. If Customer is not comfortable with the limitations of Offisky's 911 service, Customer should have alternate means of accessing traditional 911 services.


Limitation of liability and indemnification pertaining to the 911 service
Neither Offisky nor its affiliates and their respective officers, directors, employees or agents may be held liable for (i) any claim, damage, or loss (including but not limited to profit loss), or (ii) any damage as a result of service outage, data loss. The Customer hereby waives any and all such claims or causes of action, arising from or relating to any service outage and/or inability to dial 911 from his Customer phone line or to access emergency service personnel unless it is proven that the act or omission proximately causing the claim, damage, or loss constitutes gross negligence, recklessness, or intentional misconduct on the part of Offisky. Subject to the provisions of this agreement, Offisky does not provide any other warranties of any kind either express or implied, including without limitation the warranties of merchantability and fitness for a particular purpose. The Customer agrees to defend, indemnify, and hold harmless Offisky, its affiliates, its officers, directors, employees, agents, legal representatives and any other service provider that offers services to the Customer or Offisky in relation with the present agreement or the service provided, from any and all claims, losses, damages, fines, penalties, costs, expenses, legal fees, etc., by, or on behalf of, the Customer, any third party or user of the Customers' service relating to the absence, failure or outage of the service, including 911 dialing and/or inability of the Customer or any third party or user of their service to be able to dial 911 or to have access to emergency service personnel, as well as any misroutes of 911 calls.


911 VoIP Service - User Tips

• In an emergency, dial 911 to reach an emergency centre operator.


• Be prepared to provide your physical location, call-back number, and nature of the emergency.


• Do not hang up unless instructed by the call centre operator.


• If you get disconnected, please redial 911. The operator, if they have your number will also attempt to call you back.


• Ensure that your VoIP service and Internet service is configured and initialized correctly.


• Inform all other users and potential users of the limitations of VoIP 911 service and about these user tips.


• Display the VoIP 911 warning sticker on the phone set or in a location that is clearly visible to all users and potential users.

Alternate 911 Arrangements
If you do not understand or do not agree with the limitations of the VoIP 911 service, Offisky recommends you should consider alternate means of accessing traditional 911 or E911 services.

The Customer acknowledges that Offisky is not responsible or liable for any of the conditions described in this service agreement update which may impede VoIP 911 service.

The Customer understands the limitations of VoIP 911 services and assumes all liability and responsibility for the provision of emergency services and agrees to hold Offisky, its affiliates and their respective officers, directors, employees, or agents harmless for any injury or damage whether direct or indirect that may result from the use of VoIP 911 emergency calling or lack thereof.