EMERGENCY SERVICES 9-1-1 DIALLING

EMERGENCY SERVICES 9-1-1 DIALLING

Effective Date: January 22, 2018

The 911 service provided by Distributel differs in a number of important ways from traditional 911 or Enhanced 911 (E911) dialling available with most traditional telephone services – and has specific limitations relative to E911.

  1. E911 vs. Basic 911 Service
    When placing a call to emergency services with E911, the Customer’s telephone number and location are automatically transmitted to the operator during the call. These two features (telephone number and location) are what make E911 “enhanced”.
    With Basic 911 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 needs and emergency service address. The operator then transfers the caller to the appropriate emergency services agency.
    Distributel provides a basic 911 service.
  2. Other users
    The Customer agrees to inform any users and potential users of the Service (household residents, guests and visitors) of the nature and limitations of the Distributel-provided 911 service described below.
  3. Routing of 911 calls
    When a caller dials 911 using the Customer’s service, the call is routed from the Distributel network to our emergency services operator. The operator will verbally confirm with the caller that they are either located at the emergency service address registered with Distributel, or if not, their present emergency service address. The operator will then determine the appropriate emergency agency and transfer the caller accordingly.
  4. 911 dependency on AC power and broadband Internet
    911 dialling and Distributel service do not function during an electrical power or broadband Internet outage.
    An AC power interruption or failure and/or interruption or failure of broadband Internet service may result in equipment needing attention by the Customer or Distributel prior to the service being available for calls including emergency calls. When the service is unavailable the Customer will need to access a traditional phone or cellular phone in order to make an emergency call.
    Due to the service’s reliance on broadband Internet service, there is a greater possibility of network congestion and/or reduced speed in the routing of a 911 communication made using Distributel equipment as compared to 911 dialling over traditional public telephone networks. Therefore, 911 calls may take longer to reach emergency service agencies than in the case of traditional 911 calls. The Customer acknowledges and understands that Distributel cannot be held liable for service delays beyond its reasonable control.
    WARNING: For added clarity, the Customer acknowledges and understands that in the event of an outage, malfunction or any other unavailability of their Internet connection or service-related equipment, including without limitation, improper modifications or tampering, the Service may not function and emergency calling may be unavailable.
  5. Use of 911 service when traveling
    Unlike traditional phone lines, this service is portable to any location with broadband Internet access. For example, the Customer traveling with his Internet Telephone Adapter can take his service with him and place and receive telephone calls over any available broadband Internet connection.
    Under such circumstances Distributel 911 service remains available but only for emergency service addresses in Canada and the United States. The Customer shall not attempt to use the Distributel 911 service while outside of Canada or the United States.
    If the Customer is traveling outside of Canada or the United States, the Customer must familiarize himself on how to contact emergency services in that country.
  6. Limitation of Liability and Indemnification
    As stated under Section 4) LIMITATION OF LIABILITY AND INDEMNIFICATION in the GENERAL TERMS & CONDITIONS:
    Distributel will not be liable for any delay or failure to provide the Service, at any time or from time to time, or any interruption or degradation of voice or data quality. The Distributel aggregate liability to The Customer or any third party for direct damages arising out of or in connection with this Agreement shall be limited to the lesser of: (a) the actual direct damages suffered by the Customer, and (b) the charges paid by The Customer during the previous calendar month. IN NO EVENT WILL DISTRIBUTEL, ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR, AND THE CUSTOMER HEREBY WAIVES THE RIGHT TO CLAIM, ANY INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, COMPENSATORY OR CONSEQUENTIAL DAMAGES, OR FOR ANY OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, WRONGFUL DEATH, PROPERTY DAMAGE, LOSS OF DATA, LOSS OF REVENUE OR PROFITS, OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THE SERVICE, INCLUDING INABILITY TO ACCESS EMERGENCY SERVICE PERSONNEL THROUGH DISTRIBUTEL’S 911 SERVICE OR TO OBTAIN EMERGENCY HELP. THE LIMITATIONS SET FORTH HEREIN APPLY TO CLAIMS FOUNDED IN BREACH OF CONTRACT, BREACH OF WARRANTY OR CONDITION, PRODUCT LIABILITY, TORT (INCLUDING NEGLIGENCE), INTELLECTUAL PROPERTY INFRINGEMENT, STRICT LIABILITY, AND ANY AND ALL OTHER THEORIES OF LIABILITY AND APPLY WHETHER OR NOT DISTRIBUTEL WAS INFORMED OF THE LIKELIHOOD OF ANY PARTICULAR TYPE OF DAMAGES.
    The Customer agrees to defend, indemnify, and hold harmless Distributel, its affiliates and their respective officers, directors, employees, agents, legal representatives and any other service providers who offer services to the Customer or Distributel in relation with the present agreement or the service provided, from any and all claims, losses, damages, fines, penalties, costs and expenses (including, without limitation, legal fees and expenses) 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 dialling 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, including but not limited to their provision of incorrect information to Distributel in connection therewith.