SCHEDULE B – 911 SERVICE – TERMS, CONDITIONS AND LIMITATIONS

The 911 emergency service provided with your Benlya Services Inc Voice over Internet Protocol (VoIP) Home Phone service differs in a number of important ways from Enhanced 911 (E911) dialing available with most traditional telephone services and has specific limitations related to E911. By activating your Home Phone service and your continued use of that service, you acknowledge that you understand and expressly agree to these 911 service terms, conditions and limitations.

 

Limitations of VoIP 911 Service.

When a Benlya Services Inc VoIP 911 user dials 911, the user’s call is routed to an emergency services call centre, which is different from the public safety answering point that would answer a 911 call from a traditional telephone service. The user must be prepared to provide their name, telephone number, location, or if different, the location of the emergency, and information about the emergency at all times during the emergency call. The emergency service call centre operator will confirm whether the user is still located at the address the Customer has registered with Benlya Services Inc, and if not, will ask for the user’s physical location. The operator will also ask for information about the user’s emergency, determine the appropriate emergency response agency to respond, and then transfer the caller to that agency. There may be an additional delay to transfer the user’s emergency service call to areas not served by traditional 911. When the user dials 911, they are not to hang up unless told to do so by the operator or the emergency service attendant. If the call is disconnected prematurely the user will need to call back immediately to re-establish a connection with the emergency services.

You are responsible for keeping your contact information, including your name and service address, current at all times.

In the event the user is unable to speak during a 911 call, the emergency services call centre operator will automatically dispatch emergency services to the address that you have registered with Benlya Services Inc. If the service address that you have registered with Benlya Services Inc is not correct, or if the information has recently changed or has otherwise not been updated, the emergency call may be transferred to the incorrect emergency response agency or emergency services may dispatched to the incorrect address. If the user dials 911 when they are outside of Canada or the United States, the emergency services operator will advise them to hang up and find a local telephone line and dial the appropriate emergency services (which may not be 911).

Informing others of VoIP 911 Service Limitations. You are also responsible for informing others who may use your Services of the limitations of Benlya Services Inc’s VoIP 911 service as compared with traditional 911 service, as set out above.

If a user is not comfortable with the limitations of Benlya Services Inc’s VoIP 911 service, you should arrange an alternate means of accessing traditional 911 services.

Power or Broadband Outage. The functionality of VoIP 911 may cease or be curtailed as a result of, but not limited to, power disruptions, outages or congestion on your Internet Service Provider’s network, Service outages, and Service suspensions or disconnections.

A power failure, disruption of Service, or disruption of the Customer’s Internet service may require the Customer to reset or reconfigure equipment prior to using the 911 service. You acknowledge that the service may not function in the event of an outage, malfunction or any other unavailability of your Service or Internet connection or related equipment, including without limitation, from improper modification or any tampering with your computer or related software or hardware.

Activation and Nature of 911 Service.

Benlya Services Inc’s 911 service is available upon Service activation. Applicable 911 fees are charged as of the service activation date; the Customer will continue to be billed for the service until the Customer or Benlya Services Inc terminate the service in accordance with the Contract between you and Benlya Services Inc.

Limitation of Liability and Indemnification Pertaining to 911 Service.

You acknowledge and agree that Benlya Services Inc will not be liable for any delay or failure to provide 911 service, at any time or from time to time that arises from circumstances beyond the reasonable control of Benlya Services Inc. You agree to defend, indemnify, and hold harmless Benlya Services Inc, its affiliates and their respective officers, directors, employees, agents, legal representatives and any other service providers who offer services to you or Benlya Services Inc in relation to your Contract or the Services from any and all claims, losses, damages, fines, penalties, costs and expenses (including, without limitation, legal fees and expenses) by, or on behalf of, you, any third party or user of your Services relating to the absence, failure or outage of the Service, including 911 dialling and/or inability of you or any third party or user of your service to be able to dial 911 or to have access to emergency service personnel, as well as any misroutes of 911 calls, including but not limited to the provision of incorrect information to Benlya Services Inc in connection therewith.

911 VoIP Service – User Tips

In an emergency, dial 911 to reach the emergency services call centre operator.

Be prepared to provide your physical location, call-back number, and nature of the emergency.

Do not hang up unless instructed to do so.

If you get disconnected, please redial 911 immediately. The emergency services call centre operator, if they have your number, will also attempt to call you back.

Ensure that your VoIP service and Internet service is configured and initialized correctly and that the address registered with your VoIP service is always up-to-date since the emergency services call centre operator may assume that you are at the last registered address if you are not able to speak during a 911 call.

Inform all users and potential users of the limitations of VoIP 911 service and about these user tips.

Display the VoIP 911 warning sticker on the telephone set or in a location that is clearly visible to all users and potential users.

Updates to 911 Service terms.

The information contained in this VoIP 911 Service Agreement may be updated and revised from time to time. Updates and revisions are available on our website