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 3rd party network.
2. 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).
3. 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.
4. 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 an d find a local phone line and dial the appropriate emergency services (it may not be 911).
5. 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
6. 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.
7. 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.
8. 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.
9. 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.
10. 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.
11. 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.
12. 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.
13. Anonymous 911 Calls. The Customer agrees to ensure anonymous 911 calls are not routed through NVGcom’s network.
14. 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.
9. 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
“Customer” means any entity who signed an agreement with NVG Communication Inc.
“End User” means any entity or person that purchases or use the NVG Communication Service
from Customer for its own internal use, and not for further resale or distribution to third parties.
The End User is the ultimate user of the NVG Communication Service.
“Equipment” means any hardware products or appliances provided by NVG Communication to
“Service” means the NVG Communication Services, which may include the Equipment, the
Related Professional Services, and any other product or service purchased from NVG
2. NVG COMMUNICATION RESPONSIBILITY
NVG Communication is only responsible for providing Customer and End user Tier 1/Tier 2
Technical Support on the hosted software, equipment and circuits that are contractually
provided to Customer or directly managed by NVG Communication. In no other circumstances
shall NVG Communication be responsible for Customer provided equipment, hosting facilities
or any other location that Customer utilizes to deliver Services to its End Users or Downstream
Partners. Customer understands that it is responsible for all equipment, facilities, etc. as it
pertains to Customer’s network, data and the connectivity of their choice not being supplied by
NVG Communication in order to access NVG Communication’s Services.
3. SERVICES OBLIGATION:
9am-5pm Monday-Friday (except Stat Holidays) by phone, remote and onsite support if
Outages deemed by NVG Communication (acting reasonably and with evidence) to be the
direct result of Customer, Third party or End User actions, fault, failure or malicious action shall
not be included in this services and service charge will be apply.
5. FRAUDULENT USE OF SERVICES
NVG Communication shall not be held liable for any usage, charges and/or damages resulting
from fraudulent or unauthorized use by Customer’s Downstream Partners or End Users, the
Services or Equipment and the payment of all charges due on Customer’s account/invoice
shall be and remain the financial responsibility of Customer. Customer will not use the Services
in any unlawful, abusive, or fraudulent manner.
6. PROPRIETARY RIGHTS
NVG Communication or its Service or Equipment provider(s) retain title and all patent rights,
copyrights and all other intellectual property and proprietary rights and interests in the
Equipment and the Service. Neither Customer nor any End User acquire any rights in or license
to the Equipment or the Service or any NVG Communication intellectual property rights.
Without limiting the foregoing, any software provided to Customer or any End User or made
available for their use, including any software embedded in the Equipment or used in any
service (“Software”) is licensed only, is subject to any license agreement provided therewith,
and NVG Communication or its providers retain title in all copies of the Software, and neither
Customer nor any End User obtains title to, or ownership of, any intellectual property rights in
the Software or any copies thereof. Customer’s rights in the Software will be limited to those
expressly granted in this Agreement. NVG Communication reserves all rights not expressly
granted to Customer under this Agreement.
Resolution obligations and timeline are defined in the following:
|Issue Level||Type||Resolution Time|
|Level 1||Non-critical||72 hrs. <|
|Level 2||Business Disruption||24 hrs. <|
|Level 3||Hard-down / Critical||12 hrs. <|
Note: Resolution time may be contingent on third parties’ & NVG Communication’s obligations
as defined in this Restrictions
7. EQUIPMENT; RETURN
Customer assumes the entire risk of loss, damage, theft, or destruction of the Equipment while
in Customer’s or End User’s possession. Customer shall be responsible for all transportation,
custom fees, insurance charges and any other fees or charges associated with returning the
Equipment to NVG Communication facilities. Title to the Equipment remains with NVG
Communication at all times. Upon expiration or termination of End User’s subscription for the
NVG Communication Service, Customer shall ensure the prompt return to NVG
Communication of all rented or leased Equipment in the same condition as when delivered by
NVG Communication, reasonable wear and tear excepted. If any Equipment is not received by
NVG Communication in the condition set forth above within thirty (30) days after such
expiration or termination, Customer agrees to pay NVG Communication, within ten (10) days of
NVG Communication’s invoice therefor, NVG Communication’s list price associated with the
accepted Purchase Order for the Equipment.
This Agreement shall remain in good standing until either Party delivers written notice of
termination of this Agreement to the other Party at least sixty (60) days prior to the applicable
termination date (with such termination date being the last day of the Initial or then-current
Renewal Term), in which case the Agreement and all underlying Plan Services shall terminate
on the last day of such Initial or Renewal Term.
9. PAYMENT TERMS; TAXES
Customer will pay all amounts owed to NVG Communication in accordance with NVG
Communication’s invoice within thirty (30) days of the invoice date. NVG Communication
reserves the right at all times, generally or with respect to any specific Service Addendum, to
vary, change or limit the amount or duration of credit or payment terms to be allowed to
Customer, or to require full payment in advance. Each party is solely responsible for its own
expenses incurred in the performance of this Agreement. Any payment which falls due on a
weekend or public holiday shall be due on the business day immediately following the
weekend day or public holiday. Payments shall be made in Canadian dollars and remitted to
NVG Communication at its home office at the address provided on Customer monthly invoice
or for Credit Card payment Customer may set up for automatic payments through the NVG
Communication and as may be updated from time to time. Any overdue amount shall bear
interest at the rate of ten percent (10%) per month. NVG Communication may suspend the
Services to any End User because of Customer’s general financial condition or because of the
condition of Customer’s account with NVG Communication, including the fact that any
payment is past due, and such withholding shall not be construed as a breach by NVG
Communication of this Agreement.
Fair Usage Policy
We reserve the right to immediately disconnect, modify or suspend your Service and offer you an alternative calling plan if we determine, in our sole and absolute discretion, that your use of the Service, an extension, or at any time was, inconsistent with normal business usage patterns or you exceed the fair usage limits set out below. In addition, you will be required to pay our higher rates for commercial service for all periods in which your use of the Service, an extension was inconsistent with normal business use (as described more fully in our Terms of Service) or the fair usage limits set out below.
Terms used in this Fair Usage Policy have the same meanings ascribed to them in our Terms of Service.
Fair Usage Limits
Calls included in NVG Communication North American unlimited calling plans have a maximum call duration of four (4) hours per call, after which time the call will be disconnected.
NVG Communication North American unlimited calling plans are subject at all times to a limit of 3000 minutes in aggregate (including its extensions; across all the devices) during each monthly billing cycle for outgoing calls. This includes local and long distance calls anywhere in Canada, the continental US. Calls to international countries specified in your NVG Communication North American unlimited calling plan are also subject to the 1000 minute limitation if applicable. NVG Communication to NVG Communication calls are excluded from this policy.
Last updated: May 2016