911 Addendum
SafeCall E911 Addendum for Voice Services
Customer and Wanetics, LLC (“Wanetics”) agree that this SafeCall E911 Addendum is now incorporated into the Wanetics Service Agreement by and between Wanetics, LLC, Inc. and Customer.
Whereas, Customer and Wanetics entered into a Wanetics Service Agreement whereby Wanetics provides VoIP services to Customer;
Whereas, pursuant to the Federal Communications Commission’s (“FCC”) order, IP-Enabled Services; E911 Requirements for IP-Enabled Service Providers, WC Docket Nos. 04-36 and 05-196, First Report and Order, FCC 05-116, 20 FCC Rcd 10245 (released June 3, 2005) (“VoIP E911 Order”), all interconnected VoIP providers are required to provide E911 services;
Whereas, in order for Customer as an interconnected VoIP provider to be able to provide E911 service, Wanetics has developed SafeCall E911 for use with its VoIP Services;
Now therefore, for good and adequate consideration, the parties hereby agree to the following:
1. Definitions.
a. “911 Call” means a call placed by a Subscriber dialing “9-1-1” seeking 911 Service.
b. “911 Selective Router” means the telephone switch or functional equivalent, which determines the PSAP to which a 911 Call should be delivered based upon the Registered Location of the Subscriber.
c. “Covered PSAP” mean a PSAP which supports the termination of 911 Service calls delivered by Wanetics.
d. “Coverage Area” means the Rate Center areas served by Covered PSAPs. A specific list of the areas included within the Coverage Area at present is specified in Appendix A to this Addendum. Wanetics reserves the right to update the Coverage Area list from time to time.
e. “E911 Service” means functionality allowing a Subscriber to contact the PSAP servicing the geographic area in which the Subscriber is located, and includes “Enhanced” functionality providing the PSAP with the capability to determine the Subscriber’s address and call back telephone number (where the PSAP has such capability).
f. “Public Safety Answering Point” or “PSAP” means an answering location for 911 Calls originating in a given area. PSAPs are typically a common bureau used to answer emergency calls and dispatch public safety agencies such as police, fire, emergency medical, etc.
g. “PSTN” means the public switched telephone network.
h. “Registered Location” means the most current known valid location of a Subscriber. The Registered Location must be a valid postal address in the USA in order for SafeCall E911 Service to be possible.
i. “SafeCall E911” is the service that Wanetics provides to Customer to enable Subscribers to place 911 calls.
j. “SafeCall Operator Assisted 911” is a SafeCall E911 Service that Wanetics provides to Customer to enable Subscribers to place 911 calls when the Customer’s Registered Location is within the USA but outside the Coverage Area, as described in Section 3 below.
k. “Subscriber” means a single, individual end-user or telephone device that has been assigned a DID by Customer as part of VoIP Services.
l. “Underlying Provider” means a provider that supplies Wanetics with the transmission and gateway services, access to Selective Routers and to the dedicated Wireline E911 Network, and other services and functionalities that Wanetics uses to provide SafeCall E911 and SafeCall Operator Assisted 911 services.
m. “USA” means the United States of America (including Puerto Rico, US Virgin Islands, Guam, and CNMI).
n. All terms not specifically defined in this Addendum have the meaning supplied in the FCC’s VoIP E911 Order ; other FCC rules, orders, and policies; the Communications Act of 1934, as amended; and the Service Agreement between Wanetics and Customer.
2. SafeCall E911 Service Description. SafeCall E911 provides routing by Wanetics (or by Wanetics’s Underlying Provider) of a Subscriber 911 Call to a Covered PSAP either via the 911 Selective Router serving a Covered PSAP for the Subscriber’s Registered Location (such PSAP and 911 Selective Router being determined based on the Subscriber’s Registered Location) or via the PSTN for those PSAPs not utilizing 911 Selective Router. The 911 Call will thereafter be carried from the 911 Selective Router (or from the PSTN) to the Covered PSAP on facilities controlled by an Underlying Provider. Wanetics does not control the routing, other services, or facilities provided by Underlying Providers. SafeCall E911 is a 911 call routing and termination service only. SafeCall E911 will not independently provide E911 Services; however, when used in connection with (i) the services provided by Underlying Providers of the Selective Router or the PSTN and (ii) the services provided by Customer, SafeCall E911 is designed to assist Customer in supplying 911 Services to its Subscribers. In order for Wanetics to provide SafeCall E911, Customer is responsible for the proper configuration of customer premise equipment, the SIP proxy, and for provisioning an IP path to Wanetics’s SIP proxy. Customer is also responsible for providing the necessary notifications and information to Subscribers, including but not limited to information about the Coverage Areas, the need to provide updated Registered Locations in order to continue to have access to the VoIP Services and SafeCall E911, and instructions on the means for updating Subscribers’ Registered Locations.
SafeCall E911 will not be available to a particular Subscriber in the event of (i) improper configuration of the customer premise equipment or SIP proxy; (ii) an outage, degradation or other disruption of Customer’s IP connection to Wanetics; (iii) an outage, degradation or other disruption of power at the Subscriber location; (iv) an outage, degradation or other disruption of the Subscriber broadband Internet connection, including but not limited to the underlying broadband provider intentionally or inadvertently blocking of the ports over which SafeCall E911 Service is provided or otherwise impeding the usage of SafeCall E911 Service; (v) a suspension of Customer’s account as a result of nonpayment or other breaches by Customer; (vi) Subscriber’s failure or delay in maintaining and updating Registered Location; (vii) the Subscriber’s Registered Location being outside the Coverage Area; (viii) the Subscriber’s actual physical location is outside the Coverage Area, whether or not the Subscriber has updated his or her Registered Location accordingly.
3. Subscriber Registered Location. Customer is required to obtain the initial Registered Location for each of its Subscribers, and to provide Wanetics with the Registered Location of all Subscribers in a format prescribed by Wanetics. In the event that a Registered Location is not a valid postal address in the USA or is not in the form prescribed by Wanetics, the Registered Location shall not be validated. Until an initial Registered Location is validated, the VoIP Services will not be available.
Wanetics shall also provide Customer’s Subscribers with the ability to update the Registered Location pursuant to Wanetics’s policies and procedures. Wanetics shall provide a call center with a toll and a toll free number for Subscribers to call into and update their Registered Locations. The call center to update Register Locations shall only be available from 6:00AM to 6:00 PM MST and the call center shall not be available on Holidays in the USA. Until an updated Registered Location is validated, the previous Registered Location will continue to be utilized for SafeCall E911.
SafeCall E911 is a USA only domestic service and it will not work at locations outside the USA. In the event that a Subscriber moves to a location outside of the USA, the Subscriber must update the Registered Location to that location outside of the USA. For Registered Locations outside of the USA, VoIP Services shall continue to be available, but neither SafeCall E911 nor SafeCall Operator Assisted 911 will be available.
VoIP Services and SafeCall E911 is not a nationwide service in the USA and is not available in all locations and for all PSAPs. In the event that a Subscriber provides an updated Registered Location that is outside of the Coverage Area in the USA, the Subscriber will be notified in real time that the Registered Location was updated, but that VoIP Services (other than SafeCall Operator Assisted 911 service) are not available at this Registered Location as a result of not having SafeCall E911 services. The VoIP Services other than SafeCall Operator Assisted 911 service will then be suspended by Wanetics unless and until the Subscriber provides an updated Registered Location that is within the Coverage Area.
Wanetics will provide Customer and its Subscribers the ability to check whether a particular location is within the Coverage Area such that VoIP Services and SafeCall E911 are available. A Subscriber will be able check whether an address is within the Coverage Area prior to providing an updated Registered Location in order to validate the availability of VoIP Services and SafeCall E911.
Wanetics shall use reasonable commercial efforts to continue to add additional Covered PSAPs in the USA. Wanetics will make SafeCall E911 available to Subscribers within the Coverage Area on a Covered PSAP by Covered PSAP basis (the rollout of additional Covered PSAPs and the expansion of the Coverage Area shall be determined by Wanetics in its sole discretion).
4. Current Subscribers. For the Customer’s existing Subscribers prior to November 28, 2005, in the event that the initial Registered Location of such a Subscriber is outside the Coverage Area for SafeCall E911, Wanetics shall provide SafeCall Operator Assisted 911 only to the initial Registered Location. SafeCall Operator Assisted 911 Service routes 911 calls placed by Subscribers with Registered Locations outside the geographic area where Wanetics has deployed SafeCall E911 service to an emergency call response center (“ECRC”) maintained by an Underlying Provider. The ECRC shall receive calls 7 days a week, 24 hours a day and has access to the Subscriber’s Registered Location and call back number. The ECRC would then provide a “soft transfer” of the 911 call to the appropriate 911 dispatcher or, potentially, to a local exchange telephone line of the geographically appropriate PSAP. The ECRC could then communicate the Registered Location and call back number prior to transferring the actual call. Wanetics will send a notification to Customer of the Subscribers that have Registered Locations outside of the Initial E-911 Coverage Area and have SafeCall Operator Assisted E‑911 Service for these Registered Locations.
After November 27, 2005, Wanetics shall not accept initial Registered Locations of Subscribers that are outside the coverage area for SafeCall E911; provided that for all existing pre-November 28, 2005 Subscribers of Customer that are outside the Coverage Area, Customer must provide an officer’s certification that all such Subscriber existed prior to November 28, 2005.
5. Charges. Customer shall pay Wanetics a monthly recurring charge for VoIP Services for SafeCall E911 of $1.50 for each Subscriber telephone number. This is a mandatory charge for each Subscriber, and is in addition to any and all fees and charges specified in the Service Agreement between Wanetics and Customer. In addition, additional fees, charges and surcharges may be imposed on the SafeCall E911 Services by any governmental or quasi-governmental authority and Customer shall be responsible for payment of any such charges, either to Wanetics on a pass-through basis or directly to the governmental or quasi-governmental authority, in addition to the monthly recurring charge.
6. E911 Call Failure. In the event that SafeCall E911 fails to properly route a Subscriber’s 911 call to a Covered PSAP, Wanetics shall provide SafeCall Operator Assisted 911 for that 911 call. In the event that such a failure was caused by Customer or the Subscriber, Customer shall pay to Wanetics an additional charge of $90.00 per call.
7. Service Level. Wanetics will use commercially reasonable efforts to maintain high availability of SafeCall E911 and SafeCall Operator Assisted 911 services. Availability of SafeCall E911 shall mean the ability of SafeCall E911 to accept Subscriber 911 Calls from Customer and route them to the appropriate 911 Selective Router, subject to such calls being transmitted to Wanetics by Customer in accordance with the Service Schedule. PLEASE BE AWARE THAT EVEN IN THOSE AREAS IN WHICH Wanetics OFFERS E911 SERVICE, Wanetics CANNOT AND DOES NOT GUARANTEE THAT THE SERVICE WILL OPERATE AS INTENDED. THE ONLY WAY TO KNOW WITH ABSOLUTE CERTAINTY THAT SUBSCRIBERS HAVE FUNCTIONING E911 SERVICE IS TO TEST THE SYSTEM; Wanetics IS NOT AUTHORIZED TO MAKE TEST CALLS TO THE E911 SYSTEM AND CANNOT AUTHORIZE CUSOTMER TO DO SO. CUSTOMER OR SUBSCRIBER MAY WISH TO CALL THE NON-EMERGENCY NUMBER OF THE LOCAL POLICE OR FIRE DEPARTMENT OF THE REGISTERED LOCATION TO FIND OUT IF THE CUSTOMER OR SUBSCRIBER ARE ABLE TO HELP YOU OBTAIN SUCH PERMISSION
8. Liability. Wanetics disclaims any and all liability or responsibility for any and all claims, causes of action, damages or losses, including direct, consequential, punitive, or any other form of damages, in the event that 911 calls placed by a Subscriber or Subscribers fail to be completed to the appropriate PSAP or otherwise fail to function as contemplated, due to any cause other than Wanetics’s gross negligence or willful misconduct that directly affect the SafeCall E911 Services, including but not limited to (i) a Subscriber’s failure to provide and update a Registered Location that accurately corresponds with the Subscriber’s actual physical location; (ii) a Subscriber’s failure to properly operate the VoIP Services, including but not limited to configuration of the customer premise equipment or SIP proxy; (iii) an outage, degradation or other disruption of Customer’s IP connection to Wanetics, power at the Subscriber location, or the Subscriber broadband Internet connection; (iv) Customer’s failure to discharge any of its responsibilities specified herein and/or in the FCC’s VoIP E911 Order or in any applicable law, rule, or regulation; (v) a failure of the functioning of the facilities or services provided by an Underlying Provider, due to intentional or inadvertent error by the Underlying Provider or its agents; (vi) any intentional or inadvertent error committed by the PSAP, its agents, or the public safety agencies it serves; and/or (vii) any of the third party data used to route calls is incorrect or yields an erroneous result. NEITHER Wanetics NOR ITS AGENTS, OFFICERS, OR EMPLOYEES MAY BE HELD LIABLE FOR ANY CLAIM, DAMAGE, OR LOSS, AND CUSTOMER HEREBY WAIVES ANY AND ALL CLAIMS OR CAUSES OF ACTIONS ARISING FROM OR RELATING TO SAFECALL E911 SERVICES, SAFECALL OPERATOR ASSISTED 911 SERVICE, AND OTHER FORMS OF 911 DIALING, EXCEPT FOR INSTANCES OF GROSS NEGLIGENCE OR WILLFUL MISCONDUCT THAT DIRECTLY AFFECT THE SAFECALL E911 SERVICES. CUSTOMER AGREES TO INDEMNIFY AND HOLD HARMLESS Wanetics, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AND AGENTS AND UNDERLYING PROVIDERS FROM ANY AND ALL CLAIMS OR ACTIONS ARISING OUT OF SAFECALL E911 AND SAFECALL OPERATOR ASSISTED 911 EXCEPT FOR CLAIMS BASED ON GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.
9. Acceptable Use Policy. Customer hereby agrees to comply with the terms and conditions of Wanetics’s SafeCall E911 Service Provider Admin and End-User Guide.
10. Modification to Service Agreement. This Addendum hereby replaces and supersedes the Wanetics Service Agreement only with respect to 911-type services. All 911 calls placed by Subscribers shall be governed by the terms and conditions of this Addendum, all other terms and conditions of the Service Agrement shall remain in effect.