911 & VOIP Terms and Conditions

In the consideration of the mutual covenants and agreements contained within this Service Schedule, and the Service Agreement, the Service Provider and the Customer hereby represent, warrant, covenant and agree as follows:

VoIP Services - VoIP Services shall consist of those services as are provided through, and from time to time defined by, the Service Provider's third party VoIP hosting contractor (the "VoIP Host").
VoIP Service Fees - In addition to the specific VoIP Service fees contemplated within this Service Schedule, the Customer shall be responsible for any and all additional VoIP service fees charged from time to time by the Service Provider, as noted within the Service Provider's fees schedule available on Service Provider's website. Such additional service charges shall be deemed to be additions to the total VoIP Fees payable under this Service Schedule.
9-1-1 Service - VoIP Services accessed through the VoIP Host shall include basic 9-1-1 capabilities ("Basic 9-1-1") only. Pursuant to ruling 2005 - 21, and other ruling, the Canadian Radio-television and Telecommunications Commission ("CRTC") has ruled that all VoIP service scenarios (Nomadic, Fixed-Native, Fixed Non-Native) must be enabled with at least basic 9-1-1 service and the call must be routed to the appropriate 9-1-1 Public Safety Answering Point (PSAP). Service Provider supplies Basic 9-1-1 services for VoIP Services customers in order to comply with the CRTC ruling.
VoIP Service Schedule Update - VoIP Services, this Service Schedule and the VoIP Terms and Conditions contained herein, and any and all VoIP 9-1-1 service contemplated therein, are subject to periodic revision and update by the Service Provider including those due to directives, orders or other requirements imposed by the CRTC. Such revisions and updates shall be posted to and accessible upon the Service Provider's website. The information contained in this VoIP Service Schedule, and periodic revisions thereto, will be available on our web-site at www.cciwireless.ca.
9-1-1 Service Limitations - Basic 9-1-1 emergency service over a VoIP phone (Broadband Internet) has certain limitations compared to Enhanced 9-1-1 services available on traditional phones. It is important that the Customer understands and agrees to the conditions and limitations regarding 9-1-1 service outlined in this Service Schedule.
9-1-1 VoIP Service Conditions and Restrictions - Voice Over Internet Protocol (VoIP) service connects through an Internet connection and not to a traditional telephone line. This is an important difference which affects the 9-1-1 Emergency Services available to the Customer. These differences include, but are not limited to:
1. The type of 9-1-1 service available to the Customer will depend on where and how the Customer uses its phone;
2. 9-1-1 emergency calling from within Canada is subject to the availability of 9-1-1 service at the caller's physical location. If 9-1-1 is not available from the Customer's physical location, directly contact emergency services such as the fire department, ambulance, or police;
3. 9-1-1 dialed emergency calls will be routed to a bilingual central Emergency Services Call Centre Operator who will speak with the caller to determine its exact location and telephone number. This operator will then route the caller's call to the Emergency Services Operator serving the Service Location's geographic location. If the caller is unable to speak, emergency services personnel may not be able to locate the caller in an emergency;
4. 9-1-1 emergency calls made from locations outside of Canada cannot be completed by the emergency call centre operator. The caller will be told to use an alternate service to dial 9-1-1.
9-1-1 Emergency Service Availability - 9-1-1 emergency service may be unavailable under the following conditions:
1. 9-1-1 emergency service may not be available during a power outage;
2. 9-1-1 emergency service is not available during a broadband Internet outage;
3. 9-1-1 emergency service is not available if the Customer's VoIP service or Internet service is suspended or terminated; and
4. 9-1-1 emergency service may be impeded by the Customer's Internet service provider. Power outages or other disruptions may require the Customer to re-set or reconfigure the VoIP equipment and service. The Customer will immediately notify the Service Provider of any change of address as to the location where the VoIP service is registered.
9-1-1 VoIP Service User Tips - The Customer, together with all other users or potential users, must be aware of the following user tips and advisories:
1. In an emergency, dial 9-1-1 to reach an emergency centre operator;
2. The Customer should ensure its location information, when registered with the Service Provider, is kept current at all times. In case the caller is not able to speak during the 911 call, the call taker would dispatch emergency response vehicles to the Customer's last registered address. Remember that the Customer needs to update its 9-1-1 information if it moves the Customer's device to a different location and/or if the Customer adds a new line to its account. Regardless of what address the Customer registers for, the national emergency response centre does not receive the Customer's phone number or physical location information when a caller places a 9-1-1 call;
3. Do not hang up unless instructed by the call centre operator;
4. If the caller gets disconnected, please redial 9-1-1. The operator, if they have the Customer's number, will also attempt to call the caller back;
5. Ensure that the Customer's VoIP service and Internet service is configured and initialized correctly;
6. Inform all other users and potential users of the limitations of VoIP 9-1-1 service and about these user tips; and
7. Display the VoIP 9-1-1 warning sticker on the phone set or in a location that is clearly visible to all users and potential users.
Alternate 9-1-1 Arrangements - If the Customer does not understand and agree with the limitations of the VoIP 9-1-1 service, the Customer should consider alternate means of accessing traditional 9-1-1 or E9-1-1 services or terminating its VoIP service.
Limitations of Liability Regarding VoIP 9-1-1 Service Limitations - The Service Provider employs and relies upon third parties to assist us in routing emergency 9-1-1 calls to local emergency response centres and to a national emergency calling centre. The Service Provider hereby disclaims and is forever released from any and all liability or responsibility with respect to third parties' handling of 9-1-1 calls including, without restriction, whether or the manner in which calls using VoIP 9-1-1 service are answered or addressed by any emergency response centre(s). Customer hereby acknowledges and agrees that:
1. the Customer understands and agrees that the Customer must communicate these conditions and limitations to all users and potential users of VoIP Services;
2. the Customer has been advised, as part of this Service Schedule (and as part of the Service Agreement generally) by the Service Provider to comply with, and provide for compliance with, all 9-1-1 conditions, directives, tips and advisories;
3. the Service Provider is not responsible or liable for any of the conditions described in this Service Schedule which may impede VoIP 9-1-1 service;
4. the Customer understands the limitations of VoIP 9-1-1 services and assumes all liability and responsibility for the provision of emergency services and agrees to hold the Service Provider, its officers, directors, employees, or agents harmless from any injury or damage whether direct or indirect that may result from the use of VoIP 9-1-1 emergency calling or lack thereof;
5. the Customer understand and agree to the terms, conditions, and user tips provided in this Service Schedule; and
6. if this Service Schedule and VoIP Services is for the use of a business (direct or wholesale), the individual(s) executing has/have the authority to legally bind the company to this Service Schedule and the Service Agreement.
Waiver & Indemnity - Without restricting any of the foregoing, the Service Provider will not be liable for any delay or failure to provide the VoIP service, including 9-1-1 dialing, at any time or from time to time, or any interruption or degradation of voice quality that is caused by any of the following:
1. an act or omission of an underlying carrier, service provider, vendor or other third party;
2. equipment, network or facility failure;
3. equipment, network or facility upgrade or modification;
4. force majeure events such as (but not limited to) acts of God, acts of nature, strikes, fire, war, riot, acts of terrorism and government actions;
5. equipment, network or facility shortage;
6. equipment or facility relocation;
7. service, equipment, network or facility failure caused by the loss of power to you;
8. other impediment to usage of the Service caused by any third party;
9. any act or omission by you or any person using the Service or Device provided to you; or
10. any other cause that is beyond the Service Provider's control, including, without limitation, a failure of or defect in any device or equipment, the failure of an incoming or outgoing communication, the inability of communications (including, without limitation, 9-1-1 dialing) to be connected or completed, or forwarded. The Customer agreement that it shall defend, indemnify, and hold harmless the Service Provider, its officers, directors, employees, affiliates and agents and any other service provider who furnishes services to you in connection the VoIP Service, from any and all claims, losses, damages, fines, penalties, costs and expenses (including, without limitation, legal fees and expenses on a solicitor and own client full indemnity basis) by, or on behalf of, you or any third party relating to the absence, failure or outage of the Service, including 9-1-1dialing , incorrectly routed 9-1-1 calls, and/or the inability of any user of the Service to be able to use 9-1-1 dialing or access emergency service personnel.
Service Interruption - The Service Provider may interrupt the Services, including VoIP Services, at any time for any duration without notice or liability to inspect, install, replace, repair or perform maintenance on the equipment or facilities or for any required technical reasons.
Changes Or Termination Of Rates And Plans - The Service Provider may at any time and without notice, change, modify or terminate any rates, plans or plan features, in whole or in part, including introducing new charges or fees. In the event of any such change, the Customer's continued subscription to the Services will be deemed to be acceptance of the change and the Customer will be responsible for paying all charges incurred for use of the Services, including charges resulting from the change or modification.
Automatic-Dialing Announcing Devices - The Service Provider enforces all CRTC rules on Automatic- Dialing Announcing Devices ("ADAD") and unsolicited voice and facsimile calls made for the purposes of solicitation. The use of ADAD to make unsolicited calls for the purposes of solicitation, used to place calls to emergency lines or healthcare facilities is strictly prohibited. If you violate these restrictions or those posted by the CRTC the Service Provider may terminate the Service immediately.

Last modified: March 30, 2010