9-1-1 Limitations of ModernWorks SIP Trunk Service

ModernWorks SIP Trunk Service allows you to make or receive telephone calls over the internet to or from the public switched telephone network. The nature of IP Voice service, while appearing similar to traditional telephone calling services, creates unique limitations and circumstances, including a difference in the way 9-1-1 emergency services are reached.

The following provisions describe the differences and limitations of 9-1-1 emergency calls:

When you make a 9-1-1 emergency call, the ModernWorks SIP Trunk Service will route your 9-1-1 call through a third-party specialized call centre that handles emergency calls. The emergency call centre will then route your call to the Public Safety Answering Point (PSAP) corresponding to the Registered Location on your account. However, because you can move your ModernWorks SIP Trunk Service between locations, and because, for technical reasons, the emergency call centres may not have your name, location or contact information available, you must be prepared to immediately inform the emergency operator of your location and contact particulars any time you call 9-1-1.

The ModernWorks SIP Trunk Service will attempt to automatically provide the PSAP dispatcher or emergency service operator with the name, address and telephone number associated with your account. However, if for technical reasons, the dispatcher receiving the call is not able to capture or retain your name, phone number or physical location, you must immediately inform the dispatcher of your location (or the location of the emergency, if different) when making a 9-1-1 emergency call. If you are unable to speak, the dispatcher may not be able to locate you if you have failed to update your Registered Location information.

You are responsible for providing, maintaining, and updating correct contact information (including name, address where you will be using the Cloud IP Voice Services, and telephone number) with your account. If you do not correctly identify the actual location where you are located, or if your account information has recently changed or has otherwise not been updated, 9-1-1 calls may be misdirected to an incorrect emergency response site.

If you do not update your Registered Location, 9-1-1 calls you make with the ModernWorks SIP Trunk Service will be routed based on your previously provided Registered Location and therefore may not be routed to the appropriate PSAP for your current location. In addition, because ModernWorks will, where possible, automatically transmit your Registered Location to the PSAP, you must update your Registered Location to ensure that ModernWorks transmits accurate location information to the PSAP. The information you provide to ModernWorks as part of the service activation process must be true, accurate, current and complete Registered Location information and you must update as soon as possible your Registered Location with true, accurate, current and complete information whenever you use your ModernWorks SIP Trunk Service from a new location. If you provide Registered Location information that is, or that ModernWorks suspects to be, false, inaccurate, not current, or incomplete, ModernWorks has the right to suspend or terminate the Services and refuse any and all current or future use of all Services or any portion thereof. ModernWorks will not, however, disable your ability to make a 9-1-1 call during any service suspension.

You must not disconnect the 9-1-1 emergency call until told to do so by the dispatcher, as the dispatcher may not have your number or contact information. If you are inadvertently disconnected, you must call back immediately.

For technical reasons, including network congestion, it is possible that a 9-1-1 emergency call will produce a busy signal or will take longer to connect when compared with traditional 9-1-1 calls.

For technical reasons, the functionality of 9-1-1 ModernWorks SIP Trunk Service emergency calls may cease or be curtailed in various circumstances, including but not limited to: failure of service or your service access device – if your system access equipment fails or is not configured correctly, or if your ModernWorks SIP Trunk Service is not functioning correctly for any reason, including power outages, ModernWorks SIP Trunk Service outage, suspension or disconnection of your Services due to billing issues, network or internet congestion, or network or internet outage in the event of a power, network or internet outage; you may need to reset or reconfigure system access equipment before being able to use the Cloud IP Voice Services, including for 9-1-1 emergency calls; and changing locations – if you move your system access equipment to a location other than that described in your account information or otherwise on record with ModernWorks.

If you are not comfortable with the limitations of 9-1-1 emergency calls, ModernWorks recommends that you consider an alternate means for accessing traditonal 9-1-1 emergency services. We recommend that you keep an alternative phone service such as cellular telephone handy to increase the reliability of your access to emergency services during any service interruption.

You are responsible for notifying any user or potential IP Voice users of your ModernWorks SIP Trunk Service of the nature and limitations of 9-1-1 emergency calls on the ModernWorks SIP Trunk Service as described herein.

ModernWorks and its service providers disclaim all responsibility for the conduct of PSAPs and all other third parties involved in the provision of emergency response services. ModernWorks and its service providers do not have any control over PSAPs and are therefore not responsible for whether they answer 9-1-1 calls made using the Cloud IP Voice Services, how they answer these calls, or how they handle these calls. ModernWorks and its service providers rely on third parties to assist in the provision of 9-1-1 services, and disclaim any and all liability for acts or omissions by third parties in the provision of 9-1-1 services. Neither ModernWorks, nor its service providers, officers nor employees may be held liable for any claim, damage, or loss (including, without limitation, attorneys’ fees) by, or on behalf of, you or any third-party user of ModernWorks 9-1-1 dialing capability.