The following terms and conditions apply to Convergia Inc. (“Convergia”) provision of telephony services (the “Services”) and sets out the basic rights, obligations and limitations of Convergia to its Customer (the “Customer” of “you”) with respect to 9-1-1 and E9-1-1 services. These terms and conditions apply in addition to Convergia’s standard terms and conditions of service. All of the terms and conditions contained herein (hereinafter referred to as “Terms”) bind both Convergia and the Subscriber and are subject to change from time to time at the sole discretion of Convergia, without any prior notice to the Subscriber.
1.0 Emergency Services- 9-1-1 Dialing through VoIP (Voice Over IP) services
1.01 Non-Availability of Traditional 9-1-1 or E9-1-1 Dialing Service. Convergia offers on its Digital Line Service a form of 9-1-1 Dialing service (9-1-1 Dialing) that is similar to traditional 9-1-1 (9-1-1) service but has some important differences and limitations when compared with enhanced 9-1-1 Dialing service (E9-1-1) available in most locations in conjunction with traditional telephone service. With both traditional 9-1-1 and E9-1-1 Dialing service, your call is sent directly to the nearest emergency response center. In addition, with E9-1-1 Dialing service, your call back number and address are visible to the emergency response center call-taker. With the Digital Line Service’s 9-1-1 Dialing service, your call is sent to a national emergency call center. The call center operator will confirm your location information and then transfer your 9-1-1 call to the emergency response center nearest your location. You should be prepared to confirm your address and call-back number since the operator may not have that information. Do not hang up unless told directly to do so and if disconnected, you should dial 9-1-1 again. 9-1-1 fee of $1.95 per month per number for the service and $75.00 per call shall apply.
1.02 Registration of Physical Location Required. You should ensure your location information, when registered with Convergia, is kept current at all times. In case you are not able to speak during the 9-1-1 call, the call taker would dispatch emergency response vehicles to your last registered address. You need to update your 9-1-1 Dialing information if you move your device to a different location and if you add a new line to your account. To update or verify your 9-1-1 Dialing information you will need to contact Convergia directly. Your 9-1-1 Dialing service is activated when you subscribe to Convergia service.
1.03 Service Outages. 9-1-1 Dialing service will not function in the event of a power or broadband outage or if your broadband, ISP or Digital Line Service is suspended or terminated. Following a power failure or disruption, you may need to reset or reconfigure your Telephone Adapter prior to utilizing the service, including 9-1-1 Dialing.
1.04 Re-Registration Required if You Change Your Number or Add or Port New Numbers. You must update and verify with Convergia’s Customer Care services, your location of use for each changed, newly added or newly ported number in order for 9-1-1 Dialing to function correctly.
1.05 Network Congestion; Reduced Speed for Routing or Answering 9-1-1 Dialing Calls. There may be a greater possibility of network congestion and/or reduced speed in the routing of a 9-1-1 call made utilizing the Service as compared to traditional 9-1-1- Dialing over traditional public telephone networks.
1.06 Conveying Limitations to other household residents and guests. You should inform any household residents, guests and other persons who may be present at the physical location where you utilize the Convergia service, of the important differences in and limitations of VoIP 9-1-1 Dialing service as compared with E9-1-1 Dialing service, as set out above.
1.07 Disclaimer of Liability and Indemnification. In no event will CONVERGIA, its officers, directors, employees, affiliates or agents or any other service provider who furnishes services or devices to Customer in connection with our service be liable for any damages, including but not limited to personal injury, wrongful death, property damage, loss of data, loss of revenue or profits, or damages arising out of or in connection with the use or inability to use a device or the service, including inability to access emergency service personnel through the 911 dialing service or to obtain emergency help. These limitations apply to claims founded in breach of contract, breach of warranty, product liability, tort, and any and all other theories of liability. These limitations apply whether or not CONVERGIA was informed of the likelihood of any particular type of damages. Some States do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply.
CONVERGIA disclaims all responsibility for the conduct of local emergency response centers and the national emergency calling center. CONVERGIA does not have any control over any local emergency response center. Therefore, CONVERGIA is not responsible for whether they answer calls using the 911 dialing service, how they answer these calls, or how they handle them. CONVERGIA relies on third parties to assist in routing 911 dialing calls to local emergency response centers and to a national emergency calling center. CONVERGIA is neither liable nor responsible if the data used by a third party to route calls is incorrect or produces an erroneous result. Neither CONVERGIA nor its officers or employees may be held liable for any claim, damage, or loss, fine, penalty, cost, and expense (including, without limitation, attorneys fees) by, or on behalf of, Customer or any third party or user of CONVERGIA’s service, relating to CONVERGIA’s service, including, without limitation, 911 Dialing, or CONVERGIA’s device.
1.08 Alternate 9-1-1 Arrangements. If you are not comfortable with the limitations of the 9-1-1 Dialing service, you should consider having an alternate means of accessing traditional 9-1-1 or E9-1-1 Dialing services or terminating the Service.