General Terms and Conditions
PLEASE RETAIN FOR FUTURE REFERENCE
PAD Agreement for all customers paying the monthly payments via credit card or pre authorized debit.
I/we authorize Net Live and the financial institution/payment processor designated (or any other financial institution I/We may authorize at any time) to begin deductions as per my/our instructions for monthly regular recurring payments and/or one-time payments from time to time, for payment of all charges arising. Regular monthly payments for the full amount of services delivered will be debited to my/our specified account on the 1st day of each month for pre authorized debit and every 30 days for credit card based on the install date. Please pay with Debit or Credit card. We DO NOT accept prepaid cards as payment for recurring services. Net Live will obtain my/our authorization for any other one-time or sporadic debits. This authority is to remain in effect until Net Live. has received written notification from me/us of its change or termination. This notification must be received at least ten (10) business days before the next debit is scheduled at the address provided below. I/We may obtain a sample cancellation form, or more information on my/our right to cancel a PAD Agreement at my/our financial institution or by visiting www.payments.ca Net live may not assign this authorization, whether directly or indirectly, by operation of law, change of control or otherwise, without providing at least 10 days prior written notice to me/us. I/we have certain recourse rights if any debit does not comply with this agreement. For example, I/we have the right to receive reimbursement for any PAD that is not authorized or is not consistent with this PAD Agreement. To obtain a form for a Reimbursement Claim, or for more information on my/our recourse rights, I/we may contact my/our financial institution or visit www.payments.ca
1. Net Live provides Business High Speed Internet; Business Phone; web hosting, e-mail, electronic commerce and domain name (“Hosting”); Trunking and Hosted Voice services. (hereafter, “Net Live ’s Services” or “Services”, unless the context requires otherwise).
2. Definitions: In this Agreement, i) “Customer” shall mean a person or entity acting for commercial or business purposes, named on the invoice and responsible, unless otherwise agreed with Net Live , for paying the charges for the Services provided under the Agreement and entitled to receive any notice and information relating to this Agreement or the Services; and ii) “Agreement” shall mean the agreement in effect from time to time between Net Live and the Customer which is subject to amendment in accordance with section 16 hereof, including, but not limited to, the present Terms and Conditions, and any other document or form designated by Net Live as forming part of the Agreement.
3. By using Net Live ’s Services, the Customer expressly agrees to be bound by the terms and conditions of this Agreement. If the Customer does not agree with the terms and conditions of the Agreement, the Customer must immediately cease using the Services and so notify Net Live
4. Customer accounts are due and payable in full by the due date shown on the invoice or as agreed by the Customer through its initial pre-authorized bank withdrawals or credit card payment authorization.
5. The Customer agrees to pay the total charges due in accordance with section 4 hereof using any of the following methods: automatically by pre-authorized bank withdrawals or credit card payment in advance of service start each month.
6. An administration charge will be levied if the Customer’s cheque is returned for insufficient funds (NSF) or in the case of a refused bank account or credit card pre-authorized debit a fee of $39.00. Any amount unpaid after the due date shall bear interest at a rate of 2% per month (24% per annum) calculated and compounded monthly. An additional collection charge will be levied if costs are incurred as a result of collection efforts on outstanding amounts.
7. Overdue accounts may result in suspension or cancellation of any or all of the Services provided by Net Live If a service call is required to restore any Customer’s Service which has been suspended or terminated for non-payment, a reconnection charge will apply.
8. Net Live reserves any and all rights, whenever it will observe that the use of Services or related products (such as, and without limiting the generality of the foregoing, long-distance telephone service) by the Customer exceeds a reasonable limit, as determined by Net Live in its sole judgement, to temporarily suspend or restrict the Customer’s access to those Services or products and/or any other products related thereto or disconnect same, without notice or delay. The Customer will then have the obligation to contact Net Live ‘s customer service, which may at that time require from the Customer, as applicable, a payment to cover the cost incurred by prior excessive consumption of those Services, enabling the Customer to have access again to such Services. For the purposes of this Agreement, shall be considered as exceeding a reasonable limit any usage that restricts or inhibits other users from using or enjoying the Services in an adequate manner, creates an unusually large burden on the Net Live network, generates levels of traffic impeding other users’ ability to transmit or receive information, or that could eventually result in significant amounts to be paid by the Customer related to the use of such Services or related products.
9. The Customer shall notify Net Live in writing or orally of any errors, irregularities or omissions on the invoice within sixty (60) days of the invoice date. Failure to contact Net Live within this time period will constitute the Customer’s acceptance of the charges set out in the invoice.
10. Only the business contracted for services from Net Live Is authorized to use these services. In the event that the Customer fails to comply with the present section, Net Live shall have the right to recover from the Customer any and all charges that may be incurred in order to render the Customer’s use of the Services authorized and lawful.
11. It is acknowledged by the Customer that there are provisions in the Criminal Code of Canada which refer specifically to “telecommunication services” or “computer services”, which include the Services provided by Net Live , and that any unauthorized connection to Net Live ’s Services or equipment, interfering or tampering with Net Live ’s Services or equipment or unauthorized use of Net Live ’s Services or equipment is prohibited and may constitute theft under the Criminal Code of Canada. The Customer must immediately inform Net Live , either in writing, by calling Net Live ’S customer service or by accessing the www.NetLive.live website, if the Customer notices, at any time, that any of the Services is either stolen or being used unlawfully.
12. The Customer agrees not to use the Services in a manner that is contrary to applicable laws or regulations. Any breach of applicable laws or regulations may result in the termination of this Agreement and/or any of the Services used wrongfully being disconnected or suspended.
13. The Customer agrees that all equipment installed or provided by Net Live shall remain the property of Net Live , except for equipment / leased and or financed / purchased and paid for by the Customer. Customer has the right with full payment of equipment and clear title to use alternative service providers upon their choosing. Fees may be charged to the Customer for the installation of the Services. The Customer will protect the equipment from defacing, tampering or damage, and will not permit anyone other than a representative of Net Live to perform any work on such equipment, unless otherwise especially allowed by Net Live The Customer acknowledges and accepts full responsibility for all equipment installed by Net Live at the service address and agrees to reimburse Net Live for the full cost of the repair or replacement of any lost, stolen, unreturned, damaged, mortgaged, sold, transferred, leased, encumbered or assigned equipment or part thereof. The Customer is responsible for returning Net Live ’s relevant equipment upon termination of a Service or this Agreement, to Net Live ’s closest retail location or, in the absence of such retail location, to contact Net Live to arrange for equipment return. In the event the Customer fails to return said equipment or fails to comply with the terms and conditions of this Agreement, Net Live may, at its option, repossess such equipment and charge the Customer any costs incurred in connection therewith, or charge the Customer the full replacement cost of the unreturned leased equipment.
14. The Customer hereby grants Net Live , its employees, representatives, contractors, subcontractors and agents reasonable access to the Customer’s premises or service address at reasonable hours to install, inspect, service, maintain, restore, remove or disconnect Net Live ’s Services or equipment. Charges may apply if a service call is required to restore the any of the Services of a Customer and it is determined that the problem does not originate from Net Live ’s network. Charges may also apply if the Customer solicits Net Live ’s technical assistance by telephone. In addition, charges may apply in the event that the Customer expressly requests that the Services currently delivered by Net Live be modified.
15. If the Customer does not own the premises where the Services are provided, the Customer warrants that the Customer has the consent of the owner of the premises or otherwise has the authority to allow Net Live to install, inspect, service, maintain, remove or disconnect Net Live ’s Services.
16. Net Live may propose to change, modify, add or remove any provision of this Agreement (including the Acceptable Use Policy referred to below) at any time. Such changes may include, without limitation, modifications, additions to or removals from the Services, their features and charges, or the terms and conditions upon which Net Live distributes and the Customer receives the Services. Net Live may provide written notice to the Customer, which notice may be sent via e-mail, mail or by posting such changes on its www.Net Live .com website. The Customer’s continued use of a Service following implementation of such a change shall be deemed to be the Customer’s acceptance of any such change. The Customer is encouraged to visit the www.Net Live .com website from time to time to check for any changes of the terms and conditions of this Agreement.
17. Subject to the qualification set out in the paragraph below, the Customer, may at any time, upon a prior notice to Net Live indicating the termination date required, and without cost, penalty or cancellation indemnity, cancel this Agreement or any Service provided under the Agreement. Applicable charges shall continue to apply until the date of transmission of the notice by the Customer or, as the case may be, until any other subsequent date indicated by the Customer in the notice. In the event the Customer subscribed to a Service as part of a promotion offered by Net Live whereby the Customer enjoys lower rates or other benefits (“Promotion”), or if the Agreement is concluded for a defined term, this Agreement shall then be for a term of at least the minimum contract period required by the Promotion (the “Promotion Period”) or the defined term. The Customer shall be entitled to cancel the Agreement or a Service before the expiry of the Promotion Period of the defined terms, but in this event, the Customer shall pay Net Live the cancellation indemnity indicated in the Agreement, if applicable. Unless Net Live is otherwise notified by the Customer, the Agreement shall automatically renew at the expiration of the Promotion Period or the defined term, on a monthly basis and at the regular rates then in effect for the Services, and may thereafter be terminated in accordance with the terms set out in the paragraph above. The Customer shall remain liable for the payment of all outstanding balances accrued up to the effective date of termination, as determined in accordance with the paragraph above.
18. addition to all other rights given to Net Live under this Agreement (including in the Acceptable Use Policy referred to below, where applicable), Net Live may: (a) at any time, upon at least five (5) days’ prior notice to the Customer, cancel this Agreement or any Service provided under the Agreement; or (b) at any time and without prior notice to the Customer, disconnect or suspend the Customer’s access to the Services or cancel the Agreement (i) if the Customer fails to comply with one or more of the provisions of the Agreement; or (ii) upon the occurrence of any act of bankruptcy on the part of the Customer, or if the Customer becomes insolvent, relies upon any law governing insolvency, bankruptcy or arrangements with creditors or upon the commencement of bankruptcy proceedings against the Customer.
19. Net Live DOES NOT WARRANT UNINTERRUPTED USE OR OPERATION OF THE SERVICES. Net Live WILL NOT BE LIABLE FOR ANY INTERRUPTIONS IN SERVICE OR ANY DELAY OR FAILURE TO PERFORM. Net Live DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, REGARDING THE SERVICES PROVIDED TO THE CUSTOMER. THE CUSTOMER ACKNOWLEDGES THAT Net Live AND ITS AFFILIATES, DIRECTORS, SHAREHOLDERS, OFFICERS, EMPLOYEES, AGENTS, CONSULTANTS AND CARRIERS, SHALL NOT BE HELD LIABLE WITH REGARD TO ANY DAMAGE ARISING OUT OF, DIRECTLY OR INDIRECTLY, OR RELATING, IN ANY MANNER, TO THE SERVICES. IN NO EVENT SHALL Net Live HAVE ANY LIABILITY TO THE CUSTOMER FOR SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING FROM THE SERVICES THAT ARE THE SUBJECT MATTER OF THIS AGREEMENT AND IN NO EVENT SHALL Net Live ’S LIABILITY TOWARD THE CUSTOMER EXCEED THE TOTAL AMOUNT PAID TO Net Live BY THE CUSTOMER FOR ANY AFFECTED SERVICE, DURING THE 3-MONTH PERIOD IMMEDIATELY PRECEDING THE DATE OF THE CLAIM. THIS SECTION SHALL CONTINUE TO APPLY NOTWITHSTANDING EXPIRATION OR TERMINATION OF THE AGREEMENT.
20. Net Live collects information on its customers and uses such information to develop and maintain its relationships with its customers, its employees and other persons; to provide its Services, or to receive services it requires, and to ensure that all related transactions are supported and implemented; to understand and assess the interests, wants and needs of customers with a view to improving current Services, or to offer new services; to manage its business and to ensure the efficiency, reliability and security of its systems; and to fulfill its obligations under the law. Unless a Customer provides express consent or unless disclosure is pursuant to a legal power, all information kept by Net Live regarding the Customer, other than the Customer’s name, address and listed telephone number, is confidential and may not be disclosed by Net Live to anyone other than: the Customer;• a person who, in the reasonable judgment of the company, is seeking the information as an agent of the Customer;• another telephone company, provided the information is required for the efficient and cost-effective provision of• telephone service and disclosure is made on a confidential basis with the information to be used only for that purpose; a company involved in supplying the Customer with telephone or telephone-directory related services, provided the• information is required for that purpose and disclosure is made on a confidential basis with the information to be used only for that purpose; or an agent retained by Net Live in the collection of the Customer’s account, provided the information is required for and is• to be used only for that purpose. Express consent to disclosure may be taken to be given by a Customer where the Customer provides: written consent;• oral confirmation verified by an independent third party;• electronic confirmation through the use of a toll-free number;• electronic confirmation via the Internet;• oral consent, where an audio recording of the consent is retained by the carrier; or• consent through other methods, as long as an objective documented record of customer consent is created by the• Customer or by an independent third party. By entering into this Agreement, the Customer hereby expressly consents to Net Live requiring, collecting from and providing to third parties, including but not limited to, credit reporting agencies, credit history information regarding the Customer and associated account. The Customer also hereby expressly consents to Net Live requiring and collecting from the Customer, and providing to third parties, information for the purposes set forth in the first paragraph of this section. For more information about the privacy of the Customer’s personal information, please visit our website at www.Net Live.live
21. Any claim, dispute or controversy (whether in contract or tort, or pursuant to statute or regulation, or otherwise, and whether pre-existing, present or future) arising out of: (a) this Agreement; or (b) the Services; (a “Claim”), will be referred to and determined by arbitration. Customer agrees to waive any right to commence or participate in any class action against Net Live related to any Claim. If Customer has a Claim, written notice to arbitrate shall be delivered to the head office of Net Live , attention: Vice President, Chief Legal Affairs and Secretary. All arbitration claims shall be conducted by one arbitrator in Windsor, Ontario pursuant to such rules as may be agreed upon by Net Live and Customer. If Net Live and Customer are unable to agree upon such rules, it will be conducted in accordance with Arbitration Act (Ontario) if the Services are delivered to the Customer in Ontario, or with the Code of Civil Procedure (Québec) if the Services are delivered to the Customer in Québec. Each of Net Live and Customer shall be responsible for their own fees and expenses, and shall share the costs of arbitration equally.
22. The failure of Net Live to enforce this Agreement, for whatever reason, shall not be construed as a waiver of any right to do so at any time. The Customer agrees that if any portion of this Agreement is held to be invalid or unenforceable, the remaining portions will subsist in full force and effect.
23. This Agreement shall be governed by, and construed in accordance with, the laws applicable in the Province in which the Services are delivered by Net Live to the Customer.
SPECIFIC TERMS AND CONDITIONS APPLICABLE TO Net Live HIGH SPEED BUSINESS INTERNET SERVICE – ACCEPTABLE USE POLICY
24. By using Net Live ’s High Speed Business Internet Service, the Customer agrees not to use this Service in a manner that is contrary to applicable laws and regulations and Net Live ’s Acceptable Use Policy (“AUP”) which forms part of this Agreement and is available at www.Netlive.live. If the Customer does not agree with the terms and conditions of the AUP, the Customer must immediately stop using the High Speed Business Internet Service and immediately notify Net Live customer service that the Customer is terminating this Service.
SPECIFIC TERMS AND CONDITIONS APPLICABLE TO Net Live BUSINESS PHONE, TRUNKING AND HOSTED VOICE SERVICES
25. The Net Live Business Phone Service should only be used from the Customer’s telephone located at the Customer’s service address, which is connected to Net Live ’s installed equipment. The Customer shall not use this Service for activities that include telemarketing (including without limitation charitable or political solicitation or polling), autoDialling, continuous or extensive call forwarding, fax broadcast or fax blasting. The Customer is also prohibited from reselling or transferring this Service to any other person for any purpose, or charge any fees for the use of this Service, without express prior written permission from Net Live Upon discovering that use of this Service or any functionalities related thereto by Customer is contravening the terms of the present section or exceeds reasonable usage limits as determined by Net Live , at its sole discretion, Net Live may, at any time and without prior notice, limit or suspend access by the Customer to this Service. In such cases, the Customer must contact Net Live ’s customer service which may require payment of owed charges in order to restore Customer access to this Service. Net Live may also impose additional charges if the Customer exceeds the prescribed usage limits set out from time to time by Net Live for Toll-Free Service (described on Net Live website at Net Live .ca/TollFree).
26. THE CUSTOMER UNDERSTANDS AND ACKNOWLEDGES THAT THIS SERVICE MAY BE DISRUPTED IN THE FOLLOWING (BUT NOT LIMITED TO THESE) CASES: ELECTRIC POWER OUTAGE, AN INTERRUPTION OF THE INTERNET SERVICE OR THE SUSPENSION OR CANCELLATION, IN ACCORDANCE WITH THIS AGREEMENT, OF THE Net Live BUSINESS PHONE SERVICE BY Net Live .
27. Net Live reserves the right to change the number assigned to the Customer, but will, however, take all reasonable measures to prevent such an occurrence. In the event of such a change, Net Live will endeavour to give reasonable prior notice to the Customer.
28. Net Live ’s installed equipment shall remain where this Service was initially installed and as long as the Customer uses or subscribes to Net Live ’s Business Phone Service, in order to ensure that the 911 calls will be handed off to the Emergency 911 Call Center serving the Customer’s service address, and that the address from which a 911 call is placed will correspond to the physical address registered in the 911 database associated with the Customer’s telephone number. The Customer understands that any breach hereof may result in the 911 emergency services being unavailable. The Net Live Business Phone Service allows access to the 911 emergency service in the traditional manner, as long as Net Live ’s installed equipment connected to the Customer’s telephone set remains, as required, at the same physical address given to Net Live at the time the initial installation of such Service was made. Emergency 911 service will not work properly if the Customer experiences one of the following (but not limited to these) technical problems with Net Live ’s Business Phone Service: failure of Net Live ’s installed equipment; a gateway configuration problem; an electrical power outage, an Internet Service outage or a suspension or cancellation of the Business Phone Service by Net Live in accordance with this Agreement. IN LIGHT OF THE CHARACTERISTICS AND LIMITATIONS OF THE 911 SERVICE DESCRIBED ABOVE, THE CUSTOMER ACKNOWLEDGES THAT Net Live AND ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND CARRIERS, SHALL NOT BE HELD LIABLE WITH REGARD TO ANY DIRECT OR INDIRECT DAMAGE ARISING, DIRECTLY OR INDIRECTLY, FROM THE OPERATION OF THE 911 SERVICE.
29. Net Live will not incur nor assume any liability whatsoever arising from the connection to Net Live Business Phone Service of non-voice equipment, such as medical monitoring devices or security systems. By accepting this Agreement, the Customer waives the right to make any claim against Net Live for any interference with or disruption of such systems due to their connection to Net Live ’s Business Phone Service. The Customer acknowledges that such non-voice equipment connected to Net Live Business Phone Service may not be available or may be disrupted in the cases set forth in section 27 above. In the event the Customer decides to proceed with the connection of such non-voice equipment to Net Live Business Phone Service, the Customer shall seek and obtain confirmation from the supplier or manufacturer thereof that the same is compatible and may be used efficiently with the Net Live Business Phone Service, and shall perform usual required tests.
30. In the case of errors or omissions in directory listings, whether or not the error or omission is with regard to a telephone number, Net Live ’s liability is limited to correcting the error or omission that has occurred.
31. Customer is responsible for paying for all calls originating from, and charged calls accepted at, Customer’s telephones or via any equipment that the Customer has attached to the Service, regardless of who made or accepted them, including without limitation, illegal or fraudulent usage.
32. It is the Customer’s responsibility to ensure that no one gains unauthorized access to the Net Live Business Phone Service or Hosted Voice Service via any equipment that the Customer has attached to the Service. Examples include but are not limited to answering machines or Private Branch Exchange (PBX) systems. The Customer is solely responsible for the security of any device the Customer attaches or authorizes to attach to the Net Live network and must take actions to prevent unauthorized access to the Net Live Business Phone Service.
33. Although Net Live has no obligation to monitor the Net Live Business Phone Service Customer’s usage, Net Live reserves the right to monitor usage from time to time to operate the Net Live Business Phone Service. Any correspondence that Net Live may want to deliver to the Customer with respect to usage will be sent to the primary contact E-mail address attached to the Customer’s account or via the account principle details.
34. Net Live has no obligation to notify the Customer of any suspected fraudulent or inappropriate usage of the Net Live Business Phone Service. Net Live however reserves the right to take any measures deemed appropriate, including service suspension without prior notice and as a consequence, the Emergency 911 service, upon detection of any suspected fraudulent or inappropriate usage.
35. Net Live will not incur nor assume liability for any recordings that are stored on its messaging services. The Customer is fully responsible to save recordings on the Customer’s own media in a timely fashion for archival use. SPECIFIC TERMS AND CONDITIONS APPLICABLE TO Net Live HOSTING SERVICE
36. Net Live shall have the right to use Customer’s personal logs, user profiles, and all text images, logos and trademarks provided by Customer to Net Live for the purpose of customizing the browser-based website management application.
37. Net Live shall provide third party software to the Customer where Net Live has agreed to make third party software available to its business Customers and the Customer has agreed to the third party software terms and conditions. SPECIFIC TERMS AND CONDITIONS APPLICABLE TO Net Live BUSINESS HOTSPOTS
38. The Customer shall neither use nor knowingly permit the use, by any other person, firm or corporation, of Net Live ’s equipment or distribution system, without Net Live ’s prior written authorization. The Customer shall not interfere nor knowingly permit interference or tampering, directly or indirectly, with Net Live ’s cables, installations, equipment or signals. If the operation of Net Live ’s system and equipment or the provision of the Wi-Fi Services is interfered with by the operation of other equipment or by the activities of third parties in or in respect of the Property, the Customer shall extend commercially reasonable efforts to assist Net Live in obtaining removal of the interference within a time frame that is appropriate having regard to the nature and extent of the interference.
39. Except for the Customer’s obligations to pay amounts owing to Net Live under this Agreement, as the case may be, each of the parties hereto shall be free from all liability for inability on their part to carry out any of the obligations stipulated in this Agreement due to force majeure including, but not limited to, governmental intervention, strikes, labour disputes or any reason or cause whatsoever beyond the reasonable control of such party.
40. This Agreement shall ensure to the benefit of and be binding upon the parties hereto and their respective successors and authorized assigns.
A. Non-Availability of Traditional 911 or E911 Dialling Service.
Netlive offers on its VoIP service a form of 911 Dialling service (911 Dialling) that is similar to traditional 911 (911) service but has some important differences and limitations when compared with enhanced 911 Dialling service (E911) available in most locations in conjunction with traditional telephone service. With both traditional 911 and E911 Dialling service, your call is sent directly to the nearest emergency response center. In addition, with E911 Dialling service, your call back number and address are visible to the emergency response center call-taker. With Home Phone’s 911 Dialling service, your call is sent to a national emergency call center. The call center operator will confirm your location information and then transfer your 911 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 911 again. A 911 fee of $2.95 per number shall apply.
B. Registration of Physical Location Required
You should ensure your location information, when registered with Netlive, is kept current at all times. In case you are not able to speak during the 911 call, the call-taker would dispatch emergency response vehicles to your last registered address. You need to update your 911 Dialling 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 911 Dialling information you will need to log into the 911 section of the Netlive website (www.netlive.live) to make changes to your address. Your 911 Dialling service is activated when you subscribe to Netlive VoIP service.
C. Service Outages
911 Dialling service will not function in the event of a power or broadband outage or if your broadband, ISP or VoIP 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 911 Dialling.
D. Re-Registration Required if You Change Your Number or Add or Port New Numbers
You must update and verify online at the Netlive website (www.netlive.live) your location of use for each changed, newly added or newly ported number in order for 911 Dialling to function correctly.
E. Network Congestion; Reduced Speed for Routing or Answering 911 Dialling Calls
There may be a greater possibility of network congestion and/or reduced speed in the routing of a 911 call made utilizing the Service as compared to traditional 911 Dialling over traditional public telephone networks.
F. 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 Netlive VoIP service of the important differences in and limitations of VoIP 911 Dialling service as compared with E911 Dialling service, as set out above.
G. Disclaimer of Liability and Indemnification
We do not have any control over whether, or the manner in which, calls using our 911 Dialling service are answered or addressed by any local emergency response center. We disclaim all responsibility for the conduct of local emergency response centers and the national emergency calling center. We rely on third parties to assist us in routing 911 calls to local emergency response centers and to a national emergency calling center. We disclaim 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 Netlive 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 our 911 Dialling service unless such claims or causes of action arose from our gross negligence, recklessness or willful misconduct. You shall defend, indemnify, and hold harmless Netlive, its 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 911 Dialling, incorrectly routed 911 Dialling calls, and/or the inability of any user of the Service to be able to use 911 Dialling or access emergency service personnel.
H. Alternative 911 and Location Limitations and Updates
For VoIP services Netlive offers a form of 911 service (911 Dialling) that is similar to traditional 911 service but has some important differences and limitations when compared with Enhanced 911 service (E911) available in most locations in conjunction with traditional telephone service. With both traditional 911 and E911 service, your call is sent directly to the nearest emergency response centre. In addition, with E911 service, your call back number and address are visible to the emergency response centre operator. With Netlive ’s 911 service, your call is sent to a national emergency call centre. The call centre operator will confirm your location information and then transfer your 911 call to the emergency response centre nearest your location. You should be prepared to confirm your address and call-back number since the operator may not have this information. Do not hang up unless told directly to do so and if disconnected, you should dial 911 again.
Your 911 Dialling service is enabled when you activate your Netlive VoIP service. You should ensure your location information is kept current at all times. This information can be updated through the Netlive website (www.netlive.live) under the 911 section. In case you are not able to speak during the 911 call, the operator will dispatch emergency response vehicles to your last registered address. Remember that you must update your 911 information if you move your device to a different location, travel in Canada with your VoIP service, and if you add a new line to your account.
Remember that your 911 Dialling service will not function in the event of a power or broadband outage or if your broadband, ISP or Netlive service is suspended or terminated. We suggest purchasing a UPS (uninterrupted power supply) from a local retailer to ensure that your VoIP Equipment stays powered during short power failures.
You should inform all telephone users who may be present at the physical location where you utilize your VoIP Equipment, of the important differences and limitations of VoIP 911 Dialling service as compared with E911service as set out above.
Traveling with 911
Unlike traditional phone lines, you can use your Netlive VoIP services anywhere. Netlive VoIP services are portable to any location with broadband Internet access. Since the national emergency call centre uses the address you provide to determine the nearest emergency response centre, you must update your new location when you move, or travel with your Netlive VoIP services in Canada. Simply visit the Netlive website (https://netlive.live/911-Dialling-through-voip-for-emergency-services/) to access the 911 address change portal.
Customers traveling outside of the USA and Canada will not have 911 Dialling services.