Revision Date: 30th July 2020
Ciptex provides its 999 Services (defined below) subject to these 999 Services terms and conditions (the “Emergency Services Addendum”), which are in addition to and supplement the Ciptex terms of service, or other similar written agreement between the parties for the use of the Services (the “agreement”). These terms and conditions are subject in all respects to the terms of the agreement. In the event of any direct conflict between these terms and conditions and the agreement, then these terms and conditions shall prevail. Capitalised terms not elsewhere defined in these terms and conditions will have the meaning ascribed to them in the agreement. To be eligible to use Ciptex’ s 999 Services, you must review and accept the terms of these terms and conditions by signing and returning to Ciptex. Please review these terms and conditions carefully. Once accepted, these terms and conditions become a binding legal commitment between you and Ciptex. If you do not agree to be bound by these terms and conditions, you should not sign this Addendum and you should not use Ciptex’s 999 Services.
1. Definitions.
For the purposes of these terms and conditions, the following terms will have the following meanings:
I. “999 Call(s)” means any voice call made dialling the digits 9-9-9 or 1-1-2. It specifically excludes video chat and video kiosk calls.
Ii. “999 Services” means functionality that allows end users to contact emergency services by dialling the digits 9-9-9 or 1-1-2.
Iii. “Approved Uses” means the provision of 999 Services to (i) end users who principally utilise such services at such end user’s residence and occasionally at other locations; (ii) end users that are enterprises that use either an on-site or hosted telephony during customary business hours and should Reasonably be expected to have Reasonably customary 999 usage patterns due to the nature of such enterprise’s business or operations.
Iv. “Registered Emergency Address” or “REA” means the physical address provided by the customer to be used for 999 Services, which may be used to dispatch police, fire, emergency medical and other emergency response resources.
v. “SIP” means session initiation protocol, which is the signalling protocol used between VoIP networks to establish, control, and terminate voice calls.
vi. “Subscriber” means an end user or telephone device assigned a Ciptex Telephone Number.
vii. “Ciptex Trunk Number” or “CTN” means a telephone number bought by the Customer from Ciptex and assigned to a trunk for use with Ciptex’s telephony services.
viii. “VoIP” means Voice over Internet Protocol.
2. Service description and use of service.
Customers wishing to use Ciptex’s 999 Services will be provided with a sit containing all CTN provided to the customer. Against each CTN, the customer must provide a REA. It will be the customers responsibility to maintain and update this list and to provide all updates to Ciptex.
Ciptex will register the REA associated with each CTN on the emergency services database.
When an end user places a 999 call, this call is always sent to the local emergency services operations centre serving the end user’s physical location. Operators answering 999 Calls from end users will automatically receive the associated CTN. The emergency services operator may still require the caller to state their physical location. Accordingly, the end user must provide this information to the 999 operators.
Notwithstanding any term or condition of the agreement or these terms and conditions to the contrary, customer will only utilise Ciptex’s 999 Services pursuant to these terms and conditions for Approved Uses.
Customer will ensure that end users do not block their CTN on a device they are using when placing a 999 Call and the CTN shall be made available in the from/p-asserted-identity SIP headers of the incoming SIP
Customer will provide Ciptex with and keep current the correct and valid REA for each CTN for which the customer desires 999 Services. The REA provided must include sufficient information to enable emergency responders to locate the end user and must comply with all multi-line telephone system (“mlts”) requirements applicable to customer. For example, one mlts requirement may be that for each end user and Subscriber located in a multi-floor building, customer must include a floor or suite number as part of the REA. Ciptex will not have any liability whatsoever for any damage, liabilities, losses, or any other consequences caused by customer’s failure to keep its and its end users’ REA information updated. Customer will provide a CTN with every Subscriber and/or end user call presented to Ciptex for processing. Ciptex will have no obligation to provide 999 Services with respect to any Subscriber or end user call that does not include a CTN and will not be liable for any claims arising from any efforts undertaken by Ciptex to provide 999 Services under such circumstances.
3. Customer obligations.
(i) Customer will be solely responsible for compliance with all applicable laws and/or other governmental requirements imposed or required by any applicable governmental authority; and (ii) customer will inform any party using (or any party that might use) the 999 Services of the difference between traditional 999 and VoIP
For clarity, Ciptex will not be responsible if 999 service is unavailable due to loss of power; certain features may not be compatible with 999 service; and Ciptex reserves the right to refuse provisioning or modification of features or service if such provisioning or modification adversely affects 999 service.
4. Customer testing.
Customer will be solely responsible to test the 999 Services after installation and periodically throughout the term and will notify Ciptex if customer notes any issues at any time with the service. Customer agrees to test 999 Services and share the results of such testing at the request of Ciptex.
5. Equipment.
Connection; customer’s responsibilities. Ciptex will not provide any equipment or any electronic tools, except as may be expressly set forth in writing and executed by customer and Ciptex. Customer must connect to Ciptex’s network in a manner and at locations determined by Ciptex. Customer will, at customer’s sole cost and liability as between customer and Ciptex, be solely responsible for (i) providing and successfully installing any and all equipment, software and the like necessary for end users to use any service offered or sold by customer; and (ii) any and all support for any end user to which customer offers or sells services. Customer will indemnify and hold Ciptex harmless against any and all claims and expenses resulting from the failure of customer or end users to comply with this section.
6. Charges and rates.
Customer shall pay £1.00 per month per CTN enabled to use the 999 Services. All payments made hereunder shall be made pursuant to the payment terms of the agreement.
7. Term.
These terms and conditions will apply for the duration that customer uses the 999 Services.
8. Disclaimer.
Customer acknowledges and agrees that Ciptex’s emergency service is internet based and that internet 999 Services are different than that of traditional fixed line service. Customer further acknowledges that the Ciptex emergency service may not support 999 dialling in the same manner as traditional fixed line phone service. For 999 Services to be accurately routed to the appropriate emergency responder, the customer must provide the REA for the associated CTN in accordance with the user documentation.
Customer acknowledges and agrees to inform end users of the potential complications arising from 999 Services. Specifically, customer acknowledges and agrees to inform all employees, guests, and other third persons who may also be end users that 999 Services will not function if there is a service failure due to any of the following circumstances: (a) power failure, (b) suspended or terminated internet service, (c) suspension of services due to billing issues, (d) use of certain features which are not compatible with 999 Services, and/or (e) any other service outages not described herein. Ciptex reserves the right to refuse provisioning or modification of features or service if such provisioning or modification adversely affects the 999 Services.
Customer further acknowledges that failure to provide a correct physical address in the requisite format may cause all 999 Calls to be routed to an emergency service provider not located near the end user. Furthermore, customer recognises that use of the 999 Services from a location other than the location indicated in the REA may result in 999 Calls being routed to an emergency service provider not located near the end user.
Customer acknowledges and agrees that Ciptex, its underlying carrier, and any other third parties involved in the routing, handling, delivery or answering of 999 Services or in responding to 999 Calls, nor their officers or employees, may be held liable for any claim, damage, loss, fine, penalty or cost (including, without limitation, attorneys fees) and customer hereby waives any and all such claims or causes of action, arising from or relating to the provision of all types of emergency services to customer.
9. Indemnification.
The following terms apply in addition to the terms and conditions of the agreement, including, without limitation, any applicable indemnity provisions: customer agrees to release, indemnify, defend, and hold harmless Ciptex from any claims, suits, proceedings, expenses, losses, liabilities, or damages (“claims”) by any party or parties arising out of the use or attempted use of Ciptex’s services by any person for purposes of placing 999 Calls, including (a) claims of infringement or invasion of the right of privacy or confidentiality of any person or persons; or (b) all other claims arising out of any act or omission of customer or any end user of customer’s services, caused or claimed to have been caused, directly or indirectly, by the installation, operation, failure to operate, maintenance, removal, presence, condition, occasion or use of the 999 Services, features and the equipment associated therewith, or by any services furnished by Ciptex in connection therewith, including, without limitation, the identification of the CTN, address or name associated with the telephone used by the party or parties accessing 999 Services hereunder, the incorrect routing of any 999
Call, or the mishandling of any 999 call by 999 professionals. Customer will defend Ciptex against any such claims and will pay, without limitation, all litigation costs, reasonable attorney’s fees and court costs, settlement payments, and any damages awarded or resulting from any such claims.
10. Limitation of liability.
The following applies in addition to the terms and conditions of the agreement, including, without limitation, any applicable limitations of liability: (i) customer agrees that absent gross negligence or wilful misconduct by Ciptex, Ciptex will not be liable for any loss or damage sustained by customer or any end users due to any failure in or breakdown of the communication facilities associated with providing the 999 Services, or for any delay, interruption or degradation of the services whatsoever; (ii) in no event will Ciptex’s aggregate liability to customer for any loss arising out of the 999 Services provided pursuant to these terms and conditions
Or any errors, interruptions, defects, failures or malfunctions of the 999 Services provided pursuant to these terms and conditions, including, without limitation, any and all equipment and data processing systems associated therewith, exceed the amounts paid or payable by customer hereunder for the services giving rise to the liability during the twelve (12) month period preceding the first incident out of which the liability arose. The parties waive any claim that these exclusions or limitations deprive it of an adequate remedy or cause the agreement and/or these terms and conditions to fail of its essential purpose; and (iii) customer further acknowledges, understands and agrees that Ciptex has no control over how a foreign administration or third party carrier establishes its rules and conditions pertaining to international telecommunications service.
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