Service Limitations & Disclosure Notice
This “Notice” is a material part of the Terms of Service and the subscriber’s (“Subscriber,” “You/Your”) agreement for voice services provided by BatchService and/or any of its parents, subsidiaries or affiliates (collectively for the purposes of this Notice only, “BatchService” or “We/Us/Our”). The Subscriber represents, warrants and agrees that it has read, understood and agrees to these limitations, restrictions and terms applicable to BatchService’s Voice over Internet Protocol (“VoIP”) services (the “Voice Services”). Capitalized terms not defined in this Notice will have the meanings attributed to them in the Terms of Service.
1.0 As more fully detailed in this Notice, BatchService’s Voice Services’ 911 capabilities are subject to the following limitations and terms of service.
2.0 EMERGENCY SERVICES – E911 CALLING
2.1 Non-Availability of Traditional 911 or E911 Calling Service
BatchService “911/E911 Service” is a mandatory component of VoIP services. BatchService 911/E911 Service enables Subscribers to communicate with emergency services by dialing 911. By signing an order form or entering into an agreement for, or otherwise ordering or using the Voice Services, the Subscriber acknowledges and agrees however that BatchService 911/E911 Service is different in important ways from traditional landline 911 and cellular/wireless 911. BatchService 911/E911 services may not be sufficient to meet the needs of every Subscriber. Subscriber acknowledges that it is Subscriber’s responsibility to determine the technology or combination of technologies best suited to meet Subscriber’s emergency calling needs and to make any arrangements necessary to access such services. Subscriber therefore acknowledges and agrees that the BatchService Voice Service does NOT support traditional 911 or E911 access to emergency services. Subscriber shall inform ALL employees, staff, users, and other third persons who may be present at Subscriber’s physical location(s) where Subscriber uses any BatchService Services (collectively, “Users”) of the non-availability of traditional 911 or E911 dialing and access from the Voice Service and equipment.
2.2 Description of Emergency Dialing Capabilities
2.2.1 Activation Required
(a) BatchService offers emergency dialing service in the United States (but may not offer such service in all areas of the United States) that is different in a number of important ways from traditional 911 service. While BatchService’s voice products are configured to permit 911 services, 911 emergency dialing is NOT automatic. BatchService will enable direct 911 dialing and other features required by law for the systems it installs and complete the set up for such functionality at the Subscriber’s main number(s) at the time of initial installation. Thereafter, Subscriber must affirmatively and successfully activate the 911 emergency dialing features on each User device by following the instructions provided by BatchService, and Subscriber must update (or ensure that the User updates) the location of each device in accordance with the provisions of this Notice. Subscriber is solely responsible for determining the number of User devices and/or lines to be used in connection with its BatchService Services, and following BatchService’s initial installation and set-up as described herein, for proper activation, use and updating of the same. When Subscriber dials 911, the 911 call is routed from BatchService’s or its vendor’s network to the Public Safety Answering Point (PSAP) or local emergency service personnel designated for the physical address Subscriber provided BatchService at the time of activation of Service and/or as updated by Subscriber by [method for updated physical location information]. Subscriber acknowledges and agrees that 911 calls made via the BatchService Voice Service may be routed to the general telephone number for the PSAP or local emergency service provider, and may not be routed to the 911 dispatcher(s) who is specifically designated to receive incoming 911 calls using traditional 911 dialing.
(b) BatchService relies on third parties for the forwarding of information underlying the routing of 911 calls and, accordingly, BatchService and BatchService’s third party service provider(s) disclaim any and all liability or responsibility in the event any such information or routing is incorrect. As described herein, this emergency dialing on BatchService Voice Service is NOT the same as traditional 911 or E911 calling, and does not necessarily include all of the capabilities of traditional 911 dialing.
(c) Neither BatchService nor BatchService’s parents, subsidiaries, affiliates, officers, directors, employees, agents, suppliers, contractors, or vendors shall be held liable for any claim, damage, or loss, and Subscriber hereby waives any and all such claims, causes of action, liability, and damages arising from or relating to emergency dialing unless such claim, damage, cause of action, or loss directly results from BatchService’s gross negligence or intentional misconduct. Subscriber shall indemnify and hold harmless BatchService and BatchService’s parents, subsidiaries, affiliates, officers, directors, employees, agents, suppliers, contractors, or vendors from any claim, cause of action, liability, or loss arising out of or related to misrouting of or inability to make emergency calls, including, without limitation, Subscriber’s failure to follow correct activation procedures for 911 emergency calling or Subscriber supplying BatchService or any of its third party service providers with any inaccurate, outdated, or incorrect information in connection therewith.
2.3 Service Outage
2.3.1 Power Failure or Disruption
Subscriber acknowledges and agrees that emergency dialing will not function in the event of a power failure or disruption. If there is an interruption in the power supply, a power surge, or a power failure, the Service and emergency dialing will not function until power is restored. Subscriber acknowledges and agrees that a power failure, power surge, or power disruption may require Subscriber to reset or reconfigure equipment prior to using the Service or being able to make emergency 911 calls.
2.3.2 Service Suspension or Termination by BatchService or Broadband Service Provider
Subscriber acknowledges and agrees that a Service outage or suspension (including, without limitation, suspension of Service due to billing issues or delinquent or unpaid invoices) or termination of Service by BatchService, or by the provider of Subscriber’s broadband Internet services, will prevent ALL Service, including the ability to make emergency 911 calls.
2.3.3 Other Service Outages
Subscriber acknowledges and agrees that if there is a Service outage for ANY reason, such outage will prevent ALL Service, including the ability to make emergency 911 calls. Such outage may occur for a variety of reasons, including, without limitation, those reasons described elsewhere in this 911/E911 Disclosure Notice or the BatchService Terms of Service posted at [url].
2.4 Registered Location
2.4.1 Registered Location Required
All Subscribers ARE REQUIRED TO REGISTER THE PHYSICAL LOCATION OF ALL EQUIPMENT USED WITH THE SERVICE WITH BATCHSERVICE AT THE TIME OF SERVICE ACTIVATION AND AT THE TIME THAT ANY DEVICE USING THE SERVICE IS RELOCATED. BatchService will complete the initial 911 registration for all main numbers, users, lines and devices. BatchService will obtain the correct information from the Subscriber and will complete the initial registration. It is the Subscribers responsibility to verify and validate the information after registration. Assistance may be obtained through BatchService’s support web portal or by calling BatchService customer service at [number]; however, following the initial system installation described above, Subscriber is solely responsible for the inputting of the required location information for each number, line or device using the BatchService Service. Such physical location shall include, at a minimum, the street address, floor and unit/suite/apartment/room number at which such equipment is used. Subscriber agrees to ensure that the physical location of its equipment is correct and to update immediately the location whenever the physical location of any device using the Service changes. Subscriber acknowledges and agrees that updates may incur a fee, and Subscriber agrees to pay all such fees as invoiced by BatchService. Subscriber further acknowledges and understands that any location information passed to emergency personnel by BatchService will be based upon the physical location provided by Subscriber to BatchService.
2.4.2 Failure to Designate and Identify the Correct Physical Address When Activating 911
Subscriber acknowledges and agrees that Subscriber’s or its Users’ failure to provide and keep current Subscriber’s or Users’ correct physical location(s) will result in any 911 call or other emergency communication made by Subscriber or Users, and/or from its or their actual location (if different from the location previously supplied to BatchService by Subscriber) being routed to the incorrect local emergency service provider. Subscriber’s and Users’ physical location(s) may NOT be a post office box, mail drop, or similar address. Neither BatchService nor Subscriber shall assume under any circumstances that Subscriber’s physical office location for emergency 911 calling purposes is the same as Subscriber’s billing address, and Subscriber and each User must register such physical location even if the addresses are the same.
2.4.3 Re-Activation Required in Event of Change, Add or Port New Numbers
Subscriber acknowledges and agrees that emergency 911 calls do not function with respect to telephone numbers that Subscriber changes, adds, and/or ports to Subscriber’s BatchService account unless and until Subscriber successfully activates the 911 calling feature for each such changed, newly added, and newly ported telephone number. Even if Subscriber successfully activates 911 emergency dialing with other telephone numbers through which Subscriber receives Service from BatchService, Subscriber acknowledges and agrees that Subscriber MUST separately activate emergency 911 calling for any and all changed or newly added or ported telephone number. If Subscriber does not purchase E911 services for additional DIDs, emergency dialing may not function, or may not function fully, from those additional DIDs. If 911 is called from these additional DIDs, calls may be routed to the National Emergency Services Call Center, and each call so routed will incur additional fees for each call. The rates for calls routed to the National Emergency Services Call Center may be listed at [url] from time to time.
2.4.4 Re-Activation Required in Event of Location Change
Subscriber acknowledges and agrees that emergency 911 calling will not function properly or at all if Subscriber moves, relocates, or otherwise changes Subscriber’s physical office location(s) or the location of any device used with the Service to any different street address, unless and until Subscriber successfully activates the emergency 911 calling capability at each such physical location. Even if Subscriber successfully activates emergency dialing from Subscriber’s previous physical location(s), Subscriber acknowledges and agrees Subscriber MUST re-activate emergency dialing for any new physical location of any device, and Subscriber shall pay all fees associated therewith upon invoice by BatchService. Subscriber acknowledges and agrees that Subscriber’s failure to provide BatchService with Subscriber’s updated and correct physical location(s) will result in any emergency 911 calls being routed to the incorrect local emergency service provider. Neither BatchService nor Subscriber shall assume under any circumstances that Subscriber’s physical office location for emergency 911 calling purposes is the same as Subscriber’s billing address for receipt of invoices. Subscriber acknowledges and agrees that the effectiveness of location registrations or updates may be delayed for reasons outside of BatchService’s control.
2.5 USE OF BATCHSERVICE’S SERVICE OUTSIDE THE UNITED STATES.
SUBSCRIBER ACKNOWLEDGES THAT ANY CALLER USING THE SERVICE FROM ANY LOCATION OUTSIDE THE UNITED STATES WILL BE UNABLE TO USE OR ACCESS E911 SERVICE OR PLACE ANY E911 EMERGENCY CALLS.
2.6 Automated Number Identification
Subscriber acknowledges and agrees that it may not be possible for the Public Safety Answering Point (PSAP) and the local emergency personnel to identify Subscriber’s telephone number when Subscriber dials 911 via BatchService E911 Service. Subscriber acknowledges and agrees that PSAP and emergency personnel may be unable to identify Subscriber’s telephone number in order to call Subscriber back in the event that an emergency call is unable to be completed, is dropped, or disconnected, or if a caller is unable to speak to provide the telephone number from which the caller is calling, and/or if the Service is not operational for any reason including, without limitation, the reasons and situations listed elsewhere in this E911 Disclosure Notice and the BatchService Terms of Service. Subscriber further acknowledges that the caller’s device must have been assigned a Direct Inward Dialing (DID) number in order for number information to be transmitted to the PSAP, and Subscriber is solely responsible for having ordered and activated sufficient DID numbers for its end users.
2.7 Automated Location Identification
Subscriber acknowledges and agrees that it may not be possible to transmit identification of the Subscriber physical office location address to the PSAP and local emergency personnel for Subscriber’s area when Subscriber or any caller at Subscriber’s premises dials 911. Subscriber acknowledges and agrees that a caller must state the nature of the emergency promptly and clearly, including the caller’s specific physical location, as PSAP and emergency personnel may NOT have this information. Subscriber acknowledges and agrees that PSAP and emergency personnel may not be able to find a caller’s location if the call is unable to be completed, is dropped, or disconnected, or if the caller is unable to speak to provide the location from which the caller is calling and/or if the Service is not operational for any reason including, without limitation, those reasons and situations listed elsewhere in this E911 Disclosure Notice and the BatchService Terms of Service.
2.8 Multiline Systems
Subscribers whose Services involve multiple phone lines, seats, DIDs, trunks, channels or similar end user access points will designate a location (including email and/or mobile phone number) to receive notification whenever a 911 call is placed using Subscriber’s Services, and at which an employee, contractor or other person(s) designated by Subscriber is likely to see such notification 24/7/365. Subscriber will ensure that such information remains up-to-date in its account and applicable system software or hardware, and shall notify BatchService promptly upon any change in such information.
2.8.2 Multiline System Management
Subscriber will be responsible for managing and directing the configuration and operation of any multi-line, multi-trunk or multi-channel Voice Service ordered by Subscriber. Without limiting the generality of the foregoing, Subscriber will be responsible for managing its use of the Services and its operation of all equipment and devices used with the Services in accordance with all applicable laws, including without limitation, Kari’s Law, RAY BAUM’s Act, and the implementing regulations of the Federal Communications Commission, as well as applicable state laws in Subscriber’s location(s). Subscriber’s obligations shall include, without limitation, (a) designating one or more administrators who are authorized to order seats, channels, trunks, lines, DID numbers or other modifications to the Service, or to reconfigure hardware used with the Service; (b) determining the number of lines, seats, channels, trunks and /or DID numbers required for Subscriber’s needs, the assignment and re-assignment of lines, seats, channels, trunks and/or DID numbers among its End Users, changes in the number, location or other characteristics of lines, seats, channels or trunks required; and (c) the day-to-day operations of the Service. Subscriber acknowledges and agrees that a separate DID and E911 location must be purchased and assigned to each device that is capable of or configured to place outbound calls to the public switched telephone network in order for 911 services to function properly for such device.
2.9 Alternative 911 Arrangements
Subscriber acknowledges and agrees that BatchService does not offer primary line or lifeline services. BatchService strongly urges Subscriber to always maintain means of accessing traditional E911 emergency services from all Subscriber locations and take appropriate measures and precautions to ensure such emergency services are available to Subscriber and callers at Subscriber’s premises.
3.0 Warranty Disclaimer, Limitation of Liability and Indemnification
Except as otherwise expressly stated in this Notice or the Terms of Service, the emergency services are provided on an “as is” basis. BATCHSERVICE EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THE EMERGENCY SERVICES, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
Subscriber acknowledges and agrees that, to the fullest extent permitted by applicable law, BatchService shall not be liable for any inability to complete emergency 911 calls from any Subscriber line or Subscriber site or to access emergency service personnel, for any reason whatsoever, except to the extent that such failure is caused by BatchService’s gross negligence or willful misconduct. This disclaimer of liability is in addition to the limitations of liability set forth in the Terms of Service available at [url].
SUBSCRIBER SHALL PROTECT, DEFEND, INDEMNIFY, AND HOLD HARMLESS BATCHSERVICE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, CONTRACTORS, AND AGENTS AND ANY OTHER SERVICE PROVIDER THAT FURNISHES SERVICES TO SUBSCRIBER IN CONNECTION WITH THE BATCHSERVICE SERVICE, FROM ANY AND ALL CLAIMS, LAWSUITS, LOSSES, DAMAGES, LIABILITY, FINES, PENALTIES, COSTS, AND EXPENSES INCLUDING, WITHOUT LIMITATION, ATTORNEY’S FEES AND COSTS, ARISING FROM, OR RELATED TO, ANY ABSENCE, FAILURE, OR OUTAGE OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, EMERGENCY 911 CALLING AND/OR INABILITY OF SUBSCRIBER OR ANY SUBSCRIBER EMPLOYEE, THIRD PERSON OR PARTY, OR USER OF BATCHSERVICE’S SERVICE TO BE ABLE TO CALL 911 OR TO ACCESS EMERGENCY SERVICE PERSONNEL. IN NO EVENT SHALL BATCHSERVICE BE LIABLE TO SUBSCRIBER OR ANY THIRD PARTY FOR INCIDENTAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, OR SPECIAL DAMAGES RELATED TO SUBSCRIBER’S USE OF OR INABILITY TO USE E911 SERVICES.
Subscriber agrees and acknowledges that BatchService has entered into the Terms of Service and/or any other agreement or service order with Subscriber and is providing its Service in reliance upon the limitations and exclusions of liability and the disclaimers set forth in this E911 Disclosure Notice, including, without limitation, this Section and the BatchService Terms of Service, and that the same form an essential basis of the agreement between the parties. The parties agree that the limitations and exclusions of liability and disclaimers specified in the Terms of Service, any Service Order and this E911 Disclosure Notice, including, without limitation, this Section, shall survive and apply even if found to have failed their essential purpose; and Subscriber hereby waives its right to contest the enforceability of any provision of this E911 Disclosure Notice by reason of such failure.