DATAVO - VoIP Disclosure

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.