VoIP NOTIFICATION
IMPORTANT CUSTOMER INFORMATION REGARDING VoIP SERVICES AND
EMERGENCY SERVICES (DIALING 911)
You have, or are about to, purchase
or subscribe to Datavo’s
Hosted PBX service. This service,
utilizes Voice over Internet Protocol technologies, and is
referred to as “VoIP” and/or its product
name, “myDatavo SmartLine”,
“myDatavo SmartBiz” and all associated mobile device applications,
referred to herein as “myDatavo Mobile.”
You
agree to be financially responsible for your use of the Applications or
Services, including the authorized or unauthorized use of your Account. In
order to use the Applications or Services, you must have properly configured
and working Internet service (i.e., mobile and/or landline internet service)
and hereby agree, at your sole expense: to (1) obtain access to your own
internet via Datavo broadband service delivery or with a third party provider
other than Datavo; (2) be responsible for payment of Internet or service fees
and all equipment necessary to establish a connection to such Internet service,
as may be required to use the applications or services; (3) supply and pay
Datavo or third-party providers for all additional internet services required for
your use of the applications and/or services; and (4) pay Datavo for the
applications or services.
PLEASE SEE LAN
INFRASTRUCTURE REQUIREMENTS AT WWW.DATAVO.COM FOR MORE INFORMATION.
Non-Availability of Traditional 911 or E911 Dialing Service
You, the Customer,
acknowledge and understand that Datavo’s
myDatavo service does NOT support traditional 911 or E911 access to emergency services. Datavo
does offer 911 and E911-type
service, but you acknowledge and understand that 911-type dialing
is NOT automatic, that you
must separately take affirmative steps,
as described in this Notification, to activate such 911-type dialing
capabilities and that such 911-type dialing
is different in a
number of important ways (some,
but not necessarily all, of which are described in this Notification) from traditional 911 service. You agree
to inform any office staff, guests or visitors
at your business
and any other third persons
who may be present at the physical
location where you utilize the Service of the non-availability of traditional 911 or E911-type dialing from your myDatavo
Service and device(s). If you activate
911-type dialing service,
you agree to inform any third persons
who may be present at the physical
location where you utilize the Service
as to the important differences and limitations of Datavo’s
911-type dialing service
as compared with traditional 911 or E911-type dialing that are set forth in this
Notification.
Description of 911-Type Dialing
Capabilities - Activation Required
Datavo does offer
a 911-type and E911-type dialing
service in the U.S.
You acknowledge and understand that 911-type dialing is NOT
automatic. You must coordinate with Datavo representatives to identify the location of your VoIP equipment, its assigned telephone number and its physical
address so that the 911-type
dialing feature can be successfully activated. You acknowledge and understand that you cannot dial 911 from this line unless and until you have been notified by Datavo and have received
a confirming electronic mail or phone call from Datavo. Once you have received
a confirming electronic mail or phone call from Datavo that 911-type dialing
has been successfully activated, you may dial 911 as needed. When you dial 911, your call is routed from the Datavo network to the Public Safety Answering
Point (“PSAP”) or local
emergency service personnel
designated for the address that you listed
at the time of activation. Neither Datavo nor its officers
or employees may be
held liable for any claim, damage, or loss, and you hereby waive any and all such claims
or causes of action, arising
from or relating to 911-type dialing
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 Datavo. You agree to indemnify and hold harmless
Datavo from any claim or action arising
out of misroutes of 911-type calls, including but not limited
to your failure
to follow correct
activation procedures for 911-type calling
or your provision to Datavo of incorrect
information in connection therewith.
Power Failure, Disruptions or Suspension of Your Account
You acknowledge and understand that 911-type dialing
does not function
in the event of a power failure
or disruption. Should there be an interruption in the power supply, the VoIP Service
and 911-type dialing
WILL NOT function
until power is restored. A power failure
or disruption may require you to reset
or reconfigure equipment prior to utilizing the VoIP Service
or 911-type dialing. You also understand that service outages
or suspension or termination of service by your
broadband provider and/or
ISP or by Datavo may prevent ALL Service including
911-type dialing. You acknowledge and understand that service outages due to suspension of your account
as a result of billing
issues may prevent
ALL Service, including 911-type dialing. You acknowledge and understand that if
there is a service outage for ANY reason, such outage may prevent ALL Service, including 911-type dialing. Such outages may occur for a variety
of reasons, including, but not limited
to those reasons
described elsewhere in this Notification.
Limitation of Liability and Indemnification
You acknowledge and understand that Datavo' liability is limited for any VoIP Service outage and/or inability
to dial 911 from your line or to
access emergency service
personnel, as set forth in this Notification and Datavo' Standard
Terms and Conditions of service and/or any applicable service specific terms and conditions. You agree to defend, indemnify, and hold harmless
Datavo, its officers, directors, employees, affiliates and
agents and any other service
provider who furnishes services to Customer
in connection with this Notification or the VoIP Service, from any and all claims, losses, damages, fines, penalties, costs and expenses
(including, without limitation, reasonable attorneys fees)
by, or on behalf of, Customer
or any third party or user of Customer's service relating to the absence,
failure or outage
of the VoIP Service, including 911-type dialing and/or inability of Customer or any third person or party
or user of Customer's service
to be able to dial 911 or to access
emergency service personnel.
911 Dialing Requires Activation
You acknowledge and understand that 911-type dialing
does not function
unless you have successfully coordinated with Datavo representatives and confirmed your emergency services have been activated and
properly configured.
Failure to Designate the Correct Physical
Address When Activating 911-type
Dialing
Failure to provide
the current and correct physical
address and location
of your VoIP equipment by following the instructions from the designated Datavo representative will result in any 911-type
communication you may make being routed to the incorrect
local emergency service
provider. This
must be the actual physical
street address where you are located, not a post office box, mail drop or similar
address.
Requires Re-Activation if You Change
Your Number or Add or Port New Numbers
You acknowledge and understand that 911-type dialing
does not function if you change your phone number or (for such newly added or ported numbers)
if you add or port new numbers to your account, unless and until you have successfully activated the 911-type dialing
feature for your changed, newly added or newly
ported numbers by coordinating with Datavo via the onsite
Datavo representatives or Datavo Customer Service at 877-732-8286 and until such later date that such activation has been confirmed to you through a confirming phone call or email from Datavo. Although
you may have activated 911-type
dialing with your former Datavo phone numbers,
you must separately activate 911 type dialing for any changed
or newly added or ported
numbers.
Requires Re-Activation if You Move or Change
Location
You acknowledge and understand that 911-type dialing
does not function properly or at all if you move or otherwise change
the physical location
of your VoIP equipment to a different street
address or physical
location, unless and until you have successfully activated the
911-type dialing feature
following the instructions
from Datavo Customer Service or your onsite Datavo representative, and until such later date that such activation has been confirmed to you through
a confirming phone call or email from Datavo. 911-type
dialing must be re-activated although
you may have activated
911-type dialing using your former address and you must separately activate
911-type dialing for any new physical address. Failure to provide the current and
correct physical address
and location of your VoIP equipment will result in any 911-type
dialing you may make being routed to the incorrect
local emergency service provider. In the event
that a calling feature is activated, which affects the appearance of the caller’s physical
address; any 911-type dialing you may make may
be routed to the incorrect
local emergency service
provider.
IF YOU MOVE YOUR VoIP EQUIPMENT
TO A LOCATION NOT CURRENTLY SERVED BY DATAVO, WE WILL NOT PROVIDE SERVICE
TO YOU AT THAT LOCATION.
Possibility of Network Congestion and/or Reduced Speed for Routing
or Answering 911
Due to the technical constraints on the manner in which it is possible to provide the 911-type dialing
feature for VoIP Service at this time, you acknowledge and understand that there is a greater possibility of network congestion and/or reduced speed in the routing
of a 911-type communication made utilizing your VoIP equipment as compared to traditional 911-type dialing over traditional public telephone networks. You acknowledge and accept that Datavo relies on third parties for the
forwarding of information underlying such routing, and accordingly Datavo
and its third party provider(s) disclaim
any and all liability or responsibility in the event such information or routing is incorrect.
Datavo or its officers or employees, may not be held
liable for any claim, damage, or loss, and you hereby waive any and all such claims or causes of action, arising
from or relating to 911-type
dialing 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 Datavo.
Telephone Number
Identification
At this time in the technical development of Datavo 911-type dialing,
it is possible for the Public Safety Answering Point (“PSAP”) and the local
emergency personnel to identify your phone number when you dial 911, provided the customer provides the correct information in the initial Service
set-up stage. Datavo's system is configured
in most instances to send the automatic number identification (“ANI”);
however, the PSAP itself must be able to receive the information and pass it along properly.
PSAPs are not yet always
technically capable of doing so. You acknowledge and understand that PSAP
and emergency personnel may or may not be able to identify your phone number in order to call you back if the call is unable to be completed, is dropped or disconnected, or if you are unable to speak to tell them your phone number and/or if the VoIP Service is not operational for any reason, including without
limitation those listed elsewhere
in this Notification. In addition, your VoIP Service may be routed through another piece of equipment
at your hotel, college, university or other service
location. That organization may aggregate this service through
on premise switching or private branch
exchange equipment. Although
unlikely, that equipment may also not be always technically capable of passing ANI to Datavo. In this unlikely circumstance, you acknowledge and understand that PSAP and emergency
personnel may or may not be able to identify
your phone number in order to call you back if the call is unable to be
completed, dropped or disconnected or if you are unable to speak to tell them your phone number and/or if the VoIP Service is not operational for any reason,
including without limitation this, and other circumstances, listed
elsewhere in this Notification.
Automated Location
Identification
At this time in the technical development of Datavo 911-type
dialing, it is possible to transmit identification of the address that you have provided to Datavo representatives and is listed to the Public Safety Answering Point (“PSAP”) and local emergency
personnel for your area when you dial 911, provided you acknowledge and understand the information necessary
to populate this information in your initial service
set-up process. You
acknowledge and understand that PSAP and emergency personnel
will not be able to find your location if the call is unable to be completed, is dropped or disconnected or is subject to the limitations of aggregation
equipment as described in the Telephone Number
Identification information
provided above. In these
instances, if you are unable to speak to tell them your location and/or if the VoIP Service
is not operational for any reason as described, including
without limitation those listed elsewhere in this Notification, your location information may not be presented to emergency personnel.