Emergency Services – 911 Notice and Disclosure
Introduction. FluentStream provides access to emergency calling services, allowing FluentStream users to access either basic 911 or Enhanced 911 (“E911”) service (“Emergency Services”) subject to the limitations and exceptions set forth below. FluentStream users with a paid and current subscription, using IP desk phones or softphones, can dial 911 directly from their IP Desk Phones or Softphone within any geographic area served by a Wireline E911 network. THIS EMERGENCY SERVICES – 911 NOTICE AND DISCLOSURE (THE “NOTICE”) IS A MATERIAL PART OF THE AGREEMENT FOR FLUENTSTREAM’S SERVICES. THE CLIENT OBTAINING SERVICES FROM FLUENTSTREAM (“CLIENT” OR “YOU”) ACKNOWLEDGES AND AGREES THAT IT HAS READ, UNDERSTOOD AND AGREED TO THIS NOTICE.
Emergency Services work differently than users may have experienced using traditional wireline or wireless telephones. There are circumstances under which the E911 service may not be available through the FluentStream service or may be in some way limited by comparison to traditional E911 service. A user’s access may differ depending on the user’s location or the device the user is using.
Service Limitations Advisory. Client must affirmatively acknowledge through the Administrative Portal or by executed copy of a Client Service Order or this Notice that FluentStream Emergency Services will not function in certain circumstances which include, but are not limited to, (i) relocation of the user’s IP-compatible customer premises equipment; (ii) use by the user of a non-native telephone number; (iii) broadband connection failure; (iv) loss of electrical power; (v) delays that may occur in making a Registered Location available in or through the Automatic Location Information database; (vi) suspension or termination of broadband, ISP, or FluentStream Service; or (vii) with respect to only the FluentStream Mobile Application, if user does not have mobile or Wi-Fi service. Client should also be aware that after a power failure or disruption, Client may need to reset or reconfigure the FluentStream device prior to using the Services. It is possible that network congestion may delay or prevent completion of any 911 call. Users may not be able to complete a 911 call if they move to a physical location outside the country in which Client’s subscription is provided, or if the user is dialing from a FluentStream number that is not a Canadian or United States number. Users uncomfortable with any of these limitations should use an alternate means of reaching 911.
Registering Client’s Location(s). Client must register each valid address of the physical location(s) where each line or device with FluentStream is located prior to activation of Client’s service. The address(es) registered is/are Client’s Registered Location(s). Client or Client’s Account Administrator must accurately register each individual location with installed end points through the FluentStream Administrative Portal. Users must use FluentStream voice services only at the Registered Location provided for the applicable user subscription. If users move a registered device, Client must contact Client’s Account Administrator or a FluentStream customer service representative to immediately update the Registered Location with the new physical location of the device with FluentStream through the Administrative Portal or in Client’s account settings. If Client does not update the Registered Location, any 911 calls made from the device may be sent to the wrong emergency response center and will not transmit user’s current location information to emergency responders, negatively impacting emergency assistance to user. It may take up to several hours for the Registered Location update to take effect. Clients with more than one user subscription are solely responsible for ensuring that an accurate and up-to-date Registered Location is maintained for each user subscription, and that their users are aware that a Registered Location can only be changed by Client’s Account Administrator of FluentStream. FluentStream reserves the right to pass-through any and all charges assessed to FluentStream Technologies, LLC, from a 911 provider due to a Client having an inaccurate Registered Location.
How FluentStream Emergency Services Work. When users dial 911 using voice services from FluentStream, the FluentStream phone number attached to the extension [or endpoint] location passes the Registered Location Client has provided to the appropriate Public Service Answer Point (“PSAP”), designated statewide default answering point, or appropriate local emergency authority serving Client’s Registered Location. In some areas, emergency operators have access to this information. However, in areas where only basic 911 service is available, the emergency operator answering the call may not be able to see Client’s FluentStream telephone number or Client’s Registered Location. Users should always be prepared to provide the emergency operator with Client’s FluentStream telephone number and Registered Location in case the call is dropped or disconnected. If user is unable to speak, the emergency operator may not be able to send help to the user’s Registered Location and/or call the user back should the call be disconnected. FluentStream does not control whether or not the emergency operator receives user’s telephone number and Registered Location.
In some cases, 911 calls dialed from Client’s FluentStream Office device cannot be directed to the local emergency response center, and are instead directed to a National Emergency Call Center (the “NECC”). That might happen if there is a problem validating a Registered Location, if the Registered Location is outside of the United States, or if the Registered Location is in an area that is not covered by the landline 911 network. 911 calls that are directed to the NECC may not include Client’s FluentStream telephone number or Client’s Registered Location. Trained operators at the NECC will request user’s name, location, and telephone number and attempt to reach emergency responders in user’s local area. Unless and until user gives the operator user’s phone number, and location, the operator may not be able to call the user back or dispatch help to the user’s location if the call is dropped or disconnected.
Notification of Employees, Guests, or Other Users. Clients must notify any employees, contractors, guests, or persons who may place calls using the Services or may be present at the physical location where the Services may be used, of the limitations of FluentStream Emergency Services from Client’s IP phone, other equipment, or the FluentStream Softphone. Client must affix a sticker warning that 911 services may be limited or unavailable in a readily visible place on each piece of equipment that might be used to access or use the Services, as required by 47 C.F.R. § 9.11(5)(iii). FluentStream shall distribute such warning labels to Client with all equipment provided by FluentStream prior to the initiation of that Client’s service. If Client is permitted to use equipment obtained from any other source, it shall be responsible for affixing a sticker or other conspicuous warning regarding the limits or unavailability of 911 Services on all such equipment. At Client’s request, FluentStream may provide additional stickers for such equipment.
Limitation of Liability. Clients’ use, and use by users including employees, guests, and other third parties, of FluentStream’s Emergency Services are subject to the limitations described herein. The availability of certain features, such as transmission of a Registered Location or Client’s FluentStream telephone number, depends on whether local emergency response centers support those features, and other factors outside of FluentStream’s control. FluentStream relies on qualified third parties to assist us in routing 911 calls and text messages to local emergency response centers and to the NECC. FluentStream does not have control over local emergency response centers, the NECC, emergency responders, broadband providers, wireless carriers, or other third parties. FluentStream disclaims all responsibility for the conduct of local emergency response centers, the NECC, third parties engaged by Client to facilitate address updates, broadband providers, wireless carriers, and all other third parties involved in the provision of emergency response services. FluentStream shall not be liable for, and to the extent permitted by applicable Law, Client hereby releases, discharges, and holds harmless FluentStream from and against, any and all claims or liability relating to or arising from any acts or omissions of such third parties or other third parties involved in the handling of or response to any emergency or 911 call.
Indemnity. Client indemnifies and holds harmless FluentStream, and any third-party provider(s) from any and all third-party claims, losses, damages, fines, or penalties arising out of: (i) Client’s or its End User’s provision to FluentStream of incorrect information, including physical addresses or failure to update a Registered Location; (ii) Client’s failure to properly notify any person who may place calls using the Services of the Emergency Services limitations; (iii) the absence, failure, or outage of emergency service dialing using the Services for any reason; or (iv) the inability of any user to be able to dial 911 or access emergency service personnel for any reason.