Notice of 911 Limitations

BY SUBSCRIBING TO RHICOM RHITEL TELEPHONE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO THE TERMS AND CONDITIONS REGARDING 911 SERVICE USING THE RHICOM RHITEL SERVICES.

a. The following list of 911 user tips is critical information that needs to be understood by all users of the RhiCom RhiTel Services.

911 service with RhiCom RhiTel has certain limitations as compared with traditional E911;

When you dial 911 using the RhiCom RhiTel Services, you will be connected to an intermediate operator. This operator will ask that you confirm your location and will then transfer you to the emergency services agency that serves the area you have identified;

When calling for emergency help, you must be prepared to confirm your location and call-back number with the operator;

Your RhiCom RhiTel Services (including the ability to dial 911) will be unavailable during a power failure or broadband Internet outage;

If you call 911, stay on the line until instructed to hang up; call back if you get disconnected.

You must ensure that you understand the 911 limitations of your RhiCom RhiTel Services and that other potential users are made aware of these limitations.

b. Summary of Key Differences and Limitations compared to traditional analog telephone service:

RhiCom RhiTel Services offers a form of 911 (emergency telephone) service that is similar to traditional 911 service but has some important differences and limitations when compared with enhanced 911 service (“E911”) available in most locations with traditional analog (i.e. non-VoIP) telephone service. With both traditional 911 and E911 service, your call is sent directly to the nearest Public Safety Answering Point (“PSAP”). In addition, with E911 service, your call-back number and address are visible to the PSAP operator.

With 911 service available with RhiCom RhiTel Services, your call may be sent to a national emergency call centre or sent to the local PSAP but without address information. The call centre operator will ask for your location and call-back information and then transfer your 911 call to the emergency response centre nearest to your location.

You must be prepared to provide your address and call-back number to the operator. If you are unable to speak to the operator, the operator may not be able to transfer your call to the appropriate emergency response centre and/or may be unable to call you back. Do not hang up unless specifically directed to do so and if disconnected, you should dial 911 again.

Failure to provide your current and accurate physical address and location of your RhiCom RhiTel equipment to the operator will result in any 911 communication you may make being routed to the incorrect local emergency service provider. The address information that you provide must be the actual physical street address where you are located, not a post office box, mail drop or similar address.

It is the responsibility of the user to ensure that their location details are kept current in the RhiCom database.

Remember that the 911 service will not function in the event of a power or broadband (Internet) outage or if your broadband (Internet), Internet Service Provider, or RhiCom service is suspended or terminated for any reason.

You should be aware that 911 emergency calls that are made using the RhiCom RhiTel Services will take longer to be connected to the correct 911 response centre than calls made using a traditional landline telephone.

As well, the operation of the RhiCom RhiTel Services are subject to the availability of your network, which may be affected by power outages or other interruptions. If you make a remote RhiCom RhiTel 911 emergency call (i.e. a call made from outside your local area network at your service address of record) from outside Canada or from a location within Canada that is not served by 911, the operator will not be able to complete this 911 emergency call.

For these reasons, it is advisable to use a traditional landline telephone for 911 emergency calls whenever possible.

c. Measures that should be taken by a 911 caller as a result of such differences:

Alternative 911 arrangements:

You acknowledge that RhiCom RhiTel Service does not offer primary line or lifeline services. You should always have an alternative means of accessing traditional E911 services.

Inform all users and potential users of the RhiCom RhiTel Services of the nature and limitations of the 911 service:

You must inform your staff, guests, and other persons who may be present at the physical location where you utilize the RhiCom RhiTel Service, of the important differences in and limitations of VoIP 911 Dialing service as compared with E911 service, as set out above. You must also inform them of the alternate 911 calling method that is available (i.e. by mobile phone or by using the fax line phone).

Stickers are included with your start-up kit to attach to your phones warning of the limitations associated with 911 calling, if the stickers are missing or you require replacements please contact RhiCom and stickers will be provided free of charge.

Limitation of Liability and Indemnification

Without limiting the applicability of the indemnification and limitation of liability provisions in the Terms and Conditions of Service, the following provisions apply with respect to the RhiCom RhiTel Service.

RhiCom (including its directors, officers, employees, affiliates and agents) will not be responsible or liable for any claims, losses, damages, costs, expenses, fines, penalties and/or other liabilities (including, without limitation, any indirect, special, consequential, incidental, economic or punitive damages) that arise from, or are due to, any omissions, interruptions, delays, errors or defects in transmission of any 911 emergency call that is made using the RhiCom RhiTel Service.
You agree to defend, indemnify, and hold harmless Navigata, its officers, directors, employees, affiliates and agents and any other service provider who furnishes services to you or to RhiCom in connection with this Agreement or the RhiCom RhiTel Service, from any and all claims, losses, damages, costs, expenses, fines, penalties and/or other liabilities (including, without limitation, legal fees and expenses) by any third party or user of your RhiCom RhiTel Service relating to the absence, failure or outage of the RhiCom RhiTel Service, including 911 dialing and/or inability of you or any third person or party or user of your RhiCom RhiTel Service to be able to dial 911 or to access emergency service personnel, and any misroutes of 911 calls, including but not limited to your provision to RhiCom of incorrect information in connection therewith.