APPENDIX 1 – 911 ENABLED SERVICE AGREEMENT

  1. Service Description. The Customer understands and agrees that NVGcom is providing a local service. Accordingly, local services such as, but not limited to, 911 emergency calling are included and will be routed through a 3 rd party network.
  1. Activation and Nature of 911 Service. NVGcom’s 911 Service is available upon service activation. Applicable 911 fees are charged as of the service activation date. The 911 service provided by NVGcom 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).
  1. E911 vs. Basic 911 Service. When placing a call to emergency services with E911 or Enhanced 911 the end user’s telephone number and location are automatically transmitted to the operator during the call. With Basic 911 (B911) the end user’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 caller. NVGcom provides a basic 911 type service.
  1. 911 Service Description. When the end user dials 911 the end user’s call is routed from the NVGcom network to the emergency services operator. The end user will need to confirm with the operator that they are still located at the address the end user has registered with NVGcom. If the end user calls from a location other than the address registered with NVGcom, the end user will need to provide the operator with a current address or location. The operator will then determine the appropriate emergency agency and transfer the end user’s call accordingly. There may be an additional delay to transfer the end user’s emergency service call to areas not served by traditional 911. When the end user dials 911, they are not to hang up unless told to do so by our operator or the emergency service attendant. If the call is disconnected prematurely the end user will need to call back to re-establish a connection with our emergency services operator. The Customer must provide NVGcom 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 NVGcom 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 constitutes a violation of this Agreement and a public safety hazard. In the event the end user is unable to speak during a 911 call our operator will automatically dispatch emergency services to the address registered on file. If the end user dials 911 when they are outside of Canada or the United States our 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).
  1. 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 Distributel terminate the service in accordance with this Agreement. NVG Communication Inc. 55 Village Centre Place Suite#200, Mississauga, Ontario L4Z 1V9
  1. Informing Others of the 911 Service Limitations. End user must inform any persons who may be present at the physical location where the end user utilizes the service of the limitations of NVGcom’s 911 Service as compared with traditional 911 service, as set out above. If the end user is not comfortable with the limitations of NVGcom’s 911 Service, the end user should arrange an alternate means of accessing traditional 911 services.
  1. Express Consent. Before service commencement The Customer is to obtain the end user’s express consent by which the end user acknowledges his/her understanding of the 911/E911 service limitations as directed in Telecom Decision CRTC 2005-21, and using one of the approved methods of obtaining express consent as detailed Telecom Decision CRTC 2005-15.
  1. End User Notification. The Customer agrees to adhere to the end user notification obligations as set out in CRTC Decision 2005-61 including without limitation the obligation to provide telephone set warning stickers to the end users and to communicate the nature of the 911 service and corresponding user tips at least once every twelve month period. The Customer agrees to submit all proposed customer notification texts, prior to their use, to the Commission for review as per Telecom Decision CRTC 2005-61.
  1. End User’s Physical Address. The Customer must provide NVGcom with the service address for each activated and/or ported DID and/or charge number as applicable and to ensure information for each location is kept current at all times. Upon receipt of a modification to an end user’s physical address, The Customer agrees to update the information with NVGcom without delay.
  1. Changes to End User’s Physical Address. The Customer agrees to contact end users each time they change their billing address to confirm their most likely physical address for emergency purposes and to provide each end user with the ability to update their most likely physical address online as directed in Telecom Decision CRTC 2010-387.
  1. 24 Hour Contact Information. The Customer agrees to provide NVGcom with 24 hour support contact information. This information will be used to reach The Customer to assist NVGcom and the appropriate 911 emergency service personnel in obtaining 911 address information in the event the end user information is incorrect, missing, or incomplete.
  1. Sale of NVGcom’s 911 Service. The Customer agrees to provide NVGcom’s 911 Service to end users only. The Customer shall not resell NVGcom’s 911 service to other resellers.
  1. Anonymous 911 Calls. The Customer agrees to ensure anonymous 911 calls are not routed through NVGcom’s network.
  1. Limitation of Liability and Indemnification Pertaining to 911 Service. Neither NVGcom, its affiliates or any of 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 or 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 telephone 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 NVGcom Subject to the provisions of this agreement, NVGcom does not provide any other warranties of any kind either express or implied, including without limitation the warranties or merchantability and fitness for a particular purpose. The Customer agrees to defend, indemnify and hold harmless NVGcom, its affiliates and their respective officers, directors, employees, agents, legal representatives and any other service provider that offers services to the Customer or NVGcom 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 dialling and/or inability of NVG Communication Inc. 55 Village Centre Place Suite#200, Mississauga, Ontario L4Z 1V9 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.
  1. Express Consent. The Customer acknowledges that NVGcom 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 and agrees to the limitations of NVGcom’s 911 service and agrees to hold NVGcom, 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 NVGcom’s 911 service