911/E911 Disclaimer

Customer 911/E911 Disclaimer

KMB IT Consulting Inc’s (“Service Provider”) VoIP services and Basic and/or Enhanced 911 emergency services calling capabilities (“911/E911 Services”) associated with the Service Provider VoIP service, are Internet based and are not the same as 911 services offered by a traditional local phone service provider. Service Provider’s VoIP services and 911/E911 Service should never be counted upon in the case of an emergency. Service Provider makes an attempt to provide access to emergency services centers if a Customer or Customer’s End User dials 911 from a Customer Registered Location (as defined in 47 C.F.R. § 9.3). However, Service Provider’s 911/E911 Services cannot be guaranteed and therefore are not intended to be used as the sole means for Customer to contact 911 emergency services.

Basic 911.  Basic 911 means that Service Provider and its affiliated third parties will route a 911 call to a local and designated Public Safety Answering Point (“PSAP”), designated statewide default answering point, or appropriate local emergency authority (collectively “Emergency Services Center”) within the Customers’ geographic location. The emergency services operator will ask where the End User is located. The emergency services operator will ask a series of questions related to the emergency, and the End User will be required to provide all specific location information, phone number and associated names. With Basic 911, the emergency services operator will not have access to this information so the End User call must always provide such information.

Enhanced 911. E911 means that Service Provider and its affiliated third party systems recognizes the Customer number, accesses the Customer Automatic Number Identification (“ANI”) associated with the Customer number and will then route/send the call to a dedicated 911 switch that acts as a hub for the local network. Once the call is routed to the dedicated 911 network, the network system will use the Customer number to automatically pull the Customer location address from the Automatic Location Identification (“ALI”) database and the system then uses the Customer address to determine the correct Emergency Service Center destination by selective routing.  Selective routing uses the Master Street Address Guide (“MSAG”) database to verify the address. However it is always imperative that the Customer provide their specific address and location information even if the emergency services operator may repeat the caller specific location.

When using the Service Provider VoIP service there are inherent risks associated WITH VoIP 911/E911 Services.

Service Provider 911/E911 Services can only be used within the United States.

It is the Customer’s sole responsibility to stay current with all Federal, State, and local laws regarding 911, which are subject to change at any time. Service Provider is not responsible for maintaining this document to reflect the most current laws. 

  • VoIP Calling Limitations. Customer affirms and acknowledges that VoIP services have limitations, including but not limited to, network congestion, power outages, Internet failure, broadband outages, equipment failure, and/or equipment that is moved by the Customer from one location to another and the Customer fails to notify Service Provider of any location change and/or if the Customer equipment is disconnected by the Customer or any third party, even if the Customer was not aware of such disconnection. VoIP calling limitations may disrupt and/or make inoperable the Service Provider VoIP service and Customers’ ability to access 911.  Service Provider strongly recommends that backup power systems be deployed by all Customers using any form of digital phone solutions and VoIP services, along with Customer always maintaining a separate means to access and call 911 emergency services. However, Service Provider is not responsible for the actual deployment, maintenance or ongoing support or use of such recommended services or devices.
    • It is the sole responsibility and liability of Customer at the Customer location and all such Registered Locations where the Service Provider VoIP service is in use, in accordance with this disclosure and disclaimer statement, to at all times maintain (i) a secure and stable Internet/broadband connection and to ensure all connections remain working in accordance with Service Provider standards in order to support the Service Provider VoIP  Service, (ii) electrical power at the Customer location in order for the Service Provider VoIP service and equipment to function properly, (iii) all additional equipment and peripherals to support the Service Provider VoIP service for intended use, and (iv) any other like or similar requirements in order for the Service Provider VoIP service to be used as intended.
    • In the event Service Provider is required to suspend a Customer account due to (i) non-payment of invoices, (ii) for Customer violation of Acceptable Use Policy, or (iii) for any other reason that may create a Service suspension or disconnection, Customer will not be able to use any Service Provider VoIP services for any calls, including for emergency 911 calls.
  • DID Numbers Associated with 911 Calling. When a Customer contracts with Service Provider for VoIP Service, Customer is issued one or more virtual Direct Inward Dial Numbers (“DID(s)”) that function exactly like a telephone number. However, a DID is a telephone number that does not have an associated wireline/wired telephone line. It is the Customer’s responsibility to maintain accurate Registered Location information for DID numbers and to maintain an alternative means of calling 911.
    • VoIP services provided by Service Provider are able to be used in locations or at addresses that are not associated with the geographically assigned area of an issued telephone number. For purposes of example only, a phone number issued in Texas can be used in a different state. Therefore, using numbers provisioned through, and/or a number ported by Customer request for use with the Service Provider VoIP service can cause 911 connectivity issues and dispatch problems. Service Provider’s 911/E911 Service is only accessible in the location and Registered Location that Customer has informed Service Provider is associated with the particular Service Provider assigned telephone number. 
    • For emergency services calls to be properly routed to the applicable Emergency Services Center, the Customer is required to always provide to the emergency services operator, as the call back number, the Customer’s accurate DID number and Customer must also specify their exact location/address information.  
      • In the event the Customer is using the Service Provider VoIP service at an address/location or geographic area which supports a different area code than the DID number that the Customer is using with the Service Provider VoIP Service, when the Customer dials 911 they may not be able to reach an emergency services operator or an Emergency Services Center. 
      • In the case of the foregoing 3(b)(i), even if Customer does reach emergency services, the Customer’s call may not reach the correct Emergency Services Center near the Customer’s actual physical location. In that case, emergency services may not be able to transfer the Customer’s call to the proper Emergency Services Center or respond to Customers emergency. At all times when Customer is speaking with an emergency services operator the Customer is required to provide their exact location/address information.
  • Customer may not and must instruct its End Users not to block any phone number when dialing 911. Doing so may inhibit the correct routing of 911 calls. Customer shall be solely responsible and shall indemnify, defend and hold harmless Service Provider, pursuant to these terms, for any 911 failure due to Customers’ blocking of 911 calls or failure to update Customer registered information as required.
  • Address Registration.
    • For purposes of proper identification within the emergency services system and PSAP framework, the Customer Registered Location must be the actual physical address where the device is located and where the caller is located.  It is the responsibility of the Customer to provide to Service Provider all specific location information when they provision the Service Provider VoIP service for use.  If Customer fails to provide the proper physical address in the correct format to Service Provider, emergency services calls may fail. This failure, without limitation, can cause a Customer’s 911 call to be connected, misdirected or routed to an incorrect local, regional and/or national emergency services provider or to not be completed properly.
    • Customer understands and agrees that they will immediately register accurate Customer office location information when provisioning Services and then each and every time the equipment associated with the Service is moved. If the Customer moves or changes any Service Provider equipment or the existing equipment configuration to another location and does not immediately notify Service Provider, i) the Customer may not be able to reach any emergency agency, officer or personnel when dialing 911; ii) the Customer may not reach the closest emergency services location to Customer premises; and/or iii) emergency services personnel may not be able to transfer the 911 call or respond to the emergency due to inaccurate location information.
    • It may take up to 48 hours for any new Customer location to be recognized on the Platform once Customer has informed Service Provider of the new location. During the specified time-frame, anyone calling from the new location may not be able to reach the proper emergency services agencies or appropriate emergency services personnel that support emergency services.
  • SURCHARGES.
    • If the number of 911 calls from a Customer exceeds three percent (3%) of the total Subscriber Records managed on behalf of  Customer in Service Provider’s or Service Provider’s third party affiliates ALI database in any given month, Service Provider may charge Customer a per call surcharge, as set by Service Provider in its sole discretion.
  • Warranties, Indemnification and Disclaimer of Liability. 
    • Customer expressly affirms and agrees that Service Provider will not be liable for any Service outage or inability to dial 911 when using the Service Provider VoIP service or to access an emergency services operator due to the 911 limitations as set forth herein. Customer and its directors, officers, or affiliates agree to defend, hold harmless and indemnify Service Provider, its directors, officers, employees, affiliates, agents and/or any Service Provider ASSOCIATED third parties who furnish services to Customer in connection with Service Provider VoIP service from any and all losses, claims, DAMAGES, costs, fees, FINES, penalties including, without limitation; reasonable attorneys fees by or on behalf of Customer regarding the outage of Service or failure of Service when dialing 911 OR any improperly routed 911 calls; or the inability of any person to be able to use the 911 service, or access an Emergency Service center or Emergency services personnel. All provisions stated herein are as supplement and do not limit the limitation of liability, indemnification and disclaimer of warranties within this disclosure.  
    • Additionally Service Provider has no control over the manner and means in which calls using the Service Provider 911/E911 Service are answered and/or handled by any local, regional and/or national Emergency services Center or by an emergency services Operator and is in no way responsible for any response provided by any persons thereof. Service Provider disclaims any and/or all responsibility for the behavior and responses provided by any emergency services operators when calling 911 in connection to the local, regional and/or national Emergency Response Service Center. Service Provider depends upon third parties to assist in routing 911 Calls to the appropriate Emergency Response Service Center. Service Provider expressly disclaims any responsibility or liability in the event third party information and data used to route calls fails to connect the 911 call to a proper location and/or is incorrect.
    • the Service has limitations AND Service Provider does not guarantee that the SERVICE PROVIDER voiP Service or the 911 Service will be error free. Customer ACKNOWLEDGES, affirms and agrees that any failure of any equipment can and may occur and it is the sole responsibility of the Customer to secure an alternative means of contacting 911. Customer hereby waives any and/or all claims, or POTENTIAL and/or actual causes of action by Customers, Customers End Users and/or any other third party arising from or relating to the use of the 911/E911 Service.
    • Service Provider does not offer technical support for Customer third party devices or customer provided equipment, including without limitation, ip Phones, ata adapters, pbx stations, softphones, firewalls, Gateways and any other like or similar devices and software. Customer understands it is the sole responsibility of the customer to properly configure all devices for use with the Service Provider voip Service.  Customer will need to verify any such third-party devices with SERVICE PROVIDER prior to use of the Service Provider voip Service.  even if Customer uses a third-party device that has been verified as compatible with the Service Provider voip Services, Customer AFFIRMS and agrees that customer will defend, indemnify and hold harmless Service Provider, its directors, officers, employees, agents, and affiliates against any liability arising out of such use of said third party device(s).
    • SERVICE PROVIDER MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE VOIP SERVICE OR SERVICE PROVIDER’S 911/E911 SERVICE.  SERVICE PROVIDER SPECIFICALLY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
  • Changes to Terms & Conditions. In its sole discretion Service Provider reserves the right to make changes, update and/or modify this 911/E911 Disclaimer. Service Provider shall inform Customer of any significant changes to this 911/E911 Disclaimer by providing notification to the Customer via the email associated with the Customer’s Service Provider. Any and/or all updates, changes and/or modifications made to this disclaimer and its disclosures as stated herein shall be henceforth incorporated herein.  
  • Customer Affirmation. Customer affirms, acknowledges and agrees they are in full and complete understanding of all uses, guidelines, parameters and limitations of Service Provider’s emergency services calling functionality using the Service Provider VoIP Service, the limitations of the Service Provider’s platform and Service Provider’s third party affiliate and/or underlying provider platforms.  Further Customer shall fully inform each of its End User of all guidelines, methods and procedures that are detailed within this 911/E911 Disclaimer.