Emergency Services Policy for the Parlay Services

(Canadian Business Customers)

Emergency Services Policy

Operation and Limitations of the Stack8 emergency Service

This policy forms part of, and is governed by the Stack8 Terms of Use, End User License Agreement and Acceptable Use Policy, as applicable (the “Agreement”).

Stack8 wants to make sure that Customer and its End Users are aware of important differences in the way 9-1-1 service operates with a VoIP phone when compared with traditional telephone service. Here is what should be kept in mind by Stack8 Customers and End Users (collectively referred to hereinafter as “you”, “your”):

Any capitalized terms not defined herein will have the same meaning as in the Schedule A (Definitions) of the Agreement.

Differences between traditional 9-1-1 service and VoIP phone 9-1-1

Stack8 provides access to emergency calling services, allowing most Stack8 customers and their end Users to access either basic 9-1-1 or Enhanced 9-1-1 (E9-1-1) service. Customers and end users with a Digital Line, using IP Desk Phones or softphones, can dial 9-1-1 directly from their IP Desk Phones or softphone.

VIRTUAL EXTENSIONS AND MOBILE USERS WITHOUT A DIGITAL LINE CANNOT COMPLETE 9-1-1 CALLS.

Emergency calling services work differently than you may have experienced using traditional wireline or wireless telephones. Your access may differ depending on your location or the device you are using.

With traditional phone services, a 9-1-1 call is sent directly to the nearest emergency response centre. With VoIP phone service such as provided with the Services, a 9-1-1 call is forwarded to a third-party service provider that will automatically or manually route the call to the emergency response centre.

1.    Registering Your Location

You must register the address of the physical location where you will use each Digital Line with Stack8 immediately upon activation of your End Point. This is your Registered Address. You or your Account Administrator must accurately register each individual line through your Digital Line Settings or the Administrative Portal. You must use Stack8 voice services only at the Registered Address provided for the applicable Digital Line. If you move a registered device, you must immediately update the Registered Address with the new physical location of the device with Stack8 through the Administrative Portal or in your account settings.

If you do not update the Registered Address, the emergency operator may not have your name, location or contact information available and any 9-1-1 calls made from the device may be sent to the wrong Public Safety Answering Point (“PSAP”) and will not transmit your current location information to emergency responders, delaying emergency assistance to you. It may take up to several hours for the address update to take effect. Customers with more than one Digital Line are solely responsible for ensuring that an accurate and up-to-date Registered Address is maintained for each Digital Line, and that their End Users are aware of how the Registered Address can be changed. Furthermore, because of update delays and potential technical difficulties, you should always immediately inform the emergency operator of their precise location and contact particulars any time that they place a call to 9-1-1 and not risk sending police or ambulance services to the wrong location.

2.    Service Limitations

Stack8 Emergency services will not function (i) in the event of a power, network, or Internet outage (including congestion); (ii) if your broadband, ISP, or Stack8 services are terminated or suspended for any reason; and (iii), with respect to only the Stack8 Mobile Application, if you do not have mobile service, as the Stack8 Mobile Application cannot send emergency calls over Wi-Fi access. It is possible that Customer or its End Users experience a failure, interruption, disruption or delay in placing a call to emergency services such as 9-1-1. You will not be able to complete a 9-1-1 call if you move to a physical location outside the country in which your Digital Line is provided, or if you are dialing from a Stack8 number that is not a Canadian number.

If you are uncomfortable with any of these limitations, you should use an alternate means of reaching emergency services such as 9-1-1, such as keeping an alternative phone service handy to increase the reliability of your access to emergency services during any service failure, interruption, disruption or delay.

3.    How it Works

Stack8 will attempt to provide the emergency operator with your service address, so please ensure that your information on file with us is always accurate and updated. Therefore, when you dial 9-1-1 using voice services from Stack8, the Stack8 phone number and the Registered Address you have provided is sent to the local emergency center serving your location. In some areas, emergency operators have access to this information; however, in areas where only basic 9-1-1 service is available, the emergency operator answering the call may not be able to see your Stack8 telephone number or your Registered Address. You should always be prepared to provide the emergency operator with your Stack8 telephone number and Registered Address in case the call is dropped or disconnected. If you are unable to speak, the emergency operator may not be able to send help to your location and/or call you back should the call be disconnected. Stack8 does not control whether or not the emergency operator receives your telephone number and Registered Address.

Until you are told to do so by an emergency dispatcher, do not disconnect your 9-1-1 call. If you are inadvertently disconnected, call back immediately.

In some cases, 9-1-1 calls dialed from your Stack8 Office device cannot be directed to the local PSAP, and are instead directed to a National Emergency Call Center (the “NECC”). That might happen if there is a problem validating a Registered Address, if the Registered Address is an international location, or if the Registered Address is in an area that is not covered by the landline 9-1-1 network. 9-1-1 calls that are directed to the NECC may not include your Stack8 telephone number or your registered address. Trained operators at the NECC will request your name, location, and telephone number and attempt to reach emergency responders in your local area. Until you give the operator your phone number, and location, he/she may not be able to call you back or dispatch help to your location if the call is dropped or disconnected.

4.    Mobile Applications

Calls to 9-1-1 placed through the Stack8 Mobile Application on a smartphone are automatically routed to the native dialer on the smartphone, and the call will be handled by your wireless service provider if wireless service is available. If your wireless service is unavailable, the 9-1-1 call cannot be placed. The Stack8 Mobile Application cannot place emergency calls over Wi-Fi access. Emergency dialing is not available through the Stack8 Mobile Application on tablets or other mobile devices without a native phone dialer and a wireless service plan.

In some areas, emergency operators are able to receive text messages sent to 9-1-1. Texts to 9-1-1 by Stack8 users relying on the Stack8 Mobile Application are automatically directed to the native dialer on the mobile phone, allowing you to send the text through your wireless service provider, if available. If wireless service is unavailable, the text cannot be sent. Text-to-9-1-1 is not available on tablets or other mobile devices without a native phone dialer and a wireless service subscription.

5.    Notification of Employees, Guests, or Other Users

Customers 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 applicable to placing calls to emergency services using Stack8 Services or from your Stack8 IP phone, other equipment, or the Stack8 softphone. Customers must affix a Stack8-provided sticker warning that 9-1-1 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.

6.    Disclaimer of Liability for Emergency Call Response

Your use, and use by your employees, guests and other third parties, of Stack8’s 9-1-1 Services are subject to the limitations described herein. The availability of certain features, such as transmission of a Registered Address or your Stack8 telephone number, depends on whether local PSAPs support those features, and other factors outside of Stack8’s control. Stack8 relies on qualified third parties to assist us in routing 9-1-1 calls and text messages to local PSAP and to the NECC. Stack8 does not have control over local PSAPs, the NECC, emergency responders, or other third parties. Stack8 disclaims all responsibility for the conduct of local PSAPs, the NECC, third parties engaged by Customers or End Users to facilitate address updates, and all other third parties involved in the provision of emergency response services. To the extent permitted by Applicable Law, you hereby release, discharge, and hold harmless Stack8 from and against any and all 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 9-1-1 call.

Stack8 does not have any control over whether, or the manner in which, calls using our 9-1-1 Dialing service are answered or addressed by any local PSAPs. Stack8 disclaims all responsibility for the conduct of local PSAPs and the national emergency calling center. Stack8 relies on third parties to assist Stack8 in routing 9-1-1 calls to local PSAPs and to a national emergency calling center. Stack8 disclaims any and all liability or responsibility in the event such third party data used to route calls is incorrect or yields an erroneous result. Neither Stack8 nor its Affiliates, 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 our 9-1-1 Dialing service unless such claims or causes of action arose from our gross negligence, recklessness or willful misconduct. You shall defend, indemnify, and hold harmless Stack8, its Affiliates, officers, directors, employees, affiliates and agents and any other service provider who furnishes services to you in connection the Service, 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 or any third party relating to the absence, failure or outage of the Service, including 9-1-1 Dialing, incorrectly routed 9-1-1 Dialing calls, and/or the inability of any user of the Service to be able to use 9-1-1 Dialing or access emergency service personnel.

Customer and its End User indemnifies and holds harmless Stack8, and any third-party provider(s) from any and all third-party claims, losses, damages, fines, or penalties arising out of: (i) Customer and its End User’s provision to Stack8 of incorrect information, including physical addresses, or failure to update a Registered Address; (ii) Customer’s or its End User’s failure to properly notify any person who may place calls using the Services of the 9-1-1 limitations; or (iii) the absence, failure, or outage of emergency service dialing using the Services for any reason; and (iv) the inability of any End User to be able to dial 9-1-1 or access emergency service personnel for any reason.

 

Last Updated July 1, 2019