e911 Service Limitations & Disclosure Notice
e911 Disclosure Notice
This Notice is a material part of Wise Solutions VoIP Service Agreement. The Customer represents, warrants and agrees that it
has read, understood and agrees to these limitations, restrictions and terms applicable to Wise Solutions VoIP Services (the
“Services”).
1.0 As fully detailed in this Notice, Wise Solutions Hosted VoIP Service e911 capabilities are subject to the following
limitations and terms of service.
e911 SERVICE MAY NOT WORK IF THERE IS A POWER OUTAGE.
e911 SERVICE MAY NOT WORK IF YOUR BROADBAND CONNECTION IS DISRUPTED OR CONGESTED FOR ANY
REASON, OR IF YOUR SERVICE IS TERMINATED OR SUSPENDED FOR ANY REASON (INCLUDING BUT NOT LIMITED
TO NON-PAYMENT).
e911 SERVICE MAY NOT BE OPERATIVE UNTIL YOU INITIATE BILLING SERVICE WITH Wise Solutions; AFTER ALL
PORTS ARE COMPLETED, OR NEW NUMBERS ARE ACTIVATED; OR IF YOU MOVE YOUR SERVICE ADDRESS WITHOUT
NOTIFYING Wise Solutions.
e911 SERVICE WILL NOT WORK PROPERLY IF YOU MOVE YOUR PHONE TO A NEW LOCATION WITHOUT UPDATING
YOUR ADDRESS IN THE e911 SYSTEM.
e911 SERVICE MAY NOT WORK IF YOU USE Wise Solutions FOR REMOTE USE WITHOUT NOTIFYING Wise Solutions
AND MODIFYING THE USER PERSONAL ADDRESS INFORMATION.
e911 SERVICE MAY NOT WORK IF THE TELEPHONE NUMBER PROGRAMMED ON THE VoIP PHONE IS FROM A
DIFFERENT GEOGRAPHIC RATE CENTER THAN WHERE THE VoIP PHONE IS PHYSICALLY LOCATED.
e911 SERVICE MAY NOT WORK IF YOU INCORRECTLY FILLED OUT YOUR ADDRESS VERIFICATION FORM.
e911 SERVICE MAY NOT WORK IF YOU USE A PC-BASED SOFT PHONE.
e911 SERVICE MAY NOT WORK IF THE TELEPHONE NUMBER PROGRAMMED ON THE VoIP PHONE BEGINS WITH A
TOLL-FREE PREFIX (800, 811, 822, 833, 844, 855, 866, 877, 880, 881, 882, 888, 889)
2.0 EMERGENCY SERVICES – e911 CALLING
2.1 Non-Availability of Traditional 911 or E911 Calling Service
Wise Solutions e911 Service is a mandatory component of all Wise Solutions services (“Wise Solutions Service” or “Wise
Solutions Services”). Wise Solutions e911 Service enables Customers to communicate with emergency services by dialing
911. By signing a Service Activation Form for Wise Solutions Services, the Customer acknowledges and agrees that Wise
Solutions 911 Service is different in important ways from traditional landline 911 and cellular/wireless 911. Wise Solutions
e911 services may not be sufficient to meet the needs of every Customer. Customer acknowledges that it is Customer’s
responsibility to determine the technology or combination of technologies best suited to meet Customer’s emergency calling
needs and to make any arrangements necessary to access such services. Customer therefore acknowledges and agrees that
Wise Solutions Service does NOT support traditional 911 access to emergency services. Customer shall inform ALL
employees, sta, users, and other third-party persons who may be present at Customer’s physical location(s) where
Customer uses Wise Solutions Service of the non-availability of traditional 911 dialing. If Customer activates Wise Solutions
emergency dialing service, Customer shall inform ALL employees, sta, and users.
2.2 Description of Emergency Dialing Capabilities
2.2.1 Activation Required
(a) Wise Solutions others emergency dialing service in the United States that is different in a number of important ways from
traditional 911 service. While Wise Solutions voice products are configured to permit 911 services, 911 emergency dialing is
NOT automatic. Wise Solutions will enable direct 911 dialing and other features required by law for the systems it installs and
complete the set up for such functionality at the Customer’s main number(s) at the time of initial installation.
Customer is solely responsible for determining the number of end user devices and/or lines to be used in connection with its
Wise Solutions Services, and following Wise Solutions initial installation and set-up as described herein, for proper activation,
use and updating of the same. When Customer dials 911, the 911 call is routed from Wise Solutions network to the Public
Safety Answering Point (PSAP) a call center operated by designated service personnel. Customer acknowledges and agrees
that 911 calls made via Wise Solutions Service may be routed to the general telephone number for the PSAP or local
emergency service provider and may not be routed to the 911 dispatcher(s) who is specifically designated to receive incoming
911 calls using traditional 911 dialing.
(b) Wise Solutions relies on third-parties for the forwarding of information underlying such routing and, accordingly, Wise
Solutions and Wise Solutions’ s third-party service provider(s) disclaim any and all liability or responsibility in the event any
such information or routing is incorrect. As described herein, this emergency dialing on Wise Solutions Service is NOT the
same as traditional 911 or e911 calling, and does not necessarily include all of the capabilities of traditional 911 dialing.
Neither Wise Solutions nor Wise Solutions officers, directors, employees, agents, suppliers, contractors, or vendors shall be
held liable for any claim, damage, or loss, and Customer hereby waives any and all such claims, causes of action, liability, and
damages arising from or relating to emergency dialing unless such claim, damage, cause of action, or loss directly results
from Wise Solutions gross negligence or intentional misconduct. Customer shall indemnify and hold harmless Wise Solutions
and Wise Solutions’ s officers, directors, employees, agents, suppliers, contractors, or vendors from any claim, cause of
action, liability, or loss arising out of or related to misrouting of or inability to make emergency calls, including, without
limitation, Customer’s failure to follow correct activation procedures for 911 emergency calling or Customer supplying Wise
Solutions or any of its third-party service providers with any inaccurate, outdated, or incorrect information in connection
therewith.
2.3 Service Outage
2.3.1 Power Failure or Disruption
Customer acknowledges and agrees that emergency dialing will not function in the event of a power failure or disruption. If
there is an interruption in the power supply, a power surge, or a power failure, the Service and emergency dialing will not
function until power is restored. Customer acknowledges and agrees that a power failure, power surge, or power disruption
may require Customer to reset or reconfigure equipment prior to using the Service or being able to make emergency 911 calls.
2.3.2 Service Suspension or Termination by Wise Solutions or Broadband Service Provider
Customer acknowledges and agrees that a Service outage or suspension (including, without limitation, suspension of Service
due to billing issues or delinquent or unpaid invoices) or termination of Service by Wise Solutions, or by the provider of
Customer’s broadband Internet services, will prevent ALL Service, including the ability to make emergency 911 calls.
2.3.3 Other Service Outages
Customer acknowledges and agrees that if there is an internet outage for ANY reason, such outage will prevent ALL Service,
including the ability to make emergency 911 calls. Such an outage may occur for a variety of reasons, including, without
limitation, those reasons described elsewhere in this e911 Disclosure Notice or the Wise Solutions Terms of Service.
2.4 Registered Location
2.4.1 Registered Location Required
All Customers ARE REQUIRED TO REGISTER THE PHYSICAL LOCATION OF ALL EQUIPMENT USED WITH THE SERVICE AT THE
TIME OF SERVICE ACTIVATION AND AT THE TIME THAT ANY DEVICE USING THE SERVICE IS RELOCATED. Wise Solutions will
complete the initial 911 registration for all main numbers, users, lines and devices. Wise Solutions will obtain the correct
information from the Customer and will complete the initial registration. It is the Customers responsibility to verify and
validate the information after registration. Assistance may be obtained through Wise Solutions support site or by calling Wise
Solutions customer service 662-702-5135; however, following the initial system installation described above, Customer is still
responsible for the accuracy of the required location for each number, line or device using Wise Solutions Service. Such
physical location shall include, at a minimum, the street address, floor and unit/suite/bldg. number at which such equipment
is used. Customer agrees to ensure that the physical location of its equipment is correct and to immediately update Wise
Solutions with the new location whenever the physical location of any device changes. Customer further acknowledges and
understands that any location information passed to emergency personnel by Wise Solutions will be based upon the physical
location provided by Customer to Wise Solutions.
2.4.2 Failure to Designate and Identify the Correct Physical Address When Activating 911
Customer acknowledges and agrees that Customer’s failure to keep current Customer’s correct physical location(s) will result
in any 911 call being routed to the incorrect local emergency service provider or other emergency communication made by
Customer and/or from Customer’s actual location (if different from the location previously supplied to Wise Solutions by
Customer). Customer’s physical location(s) may NOT be a post office box, mail drop, or similar address. Neither Wise
Solutions nor Customer shall assume under any circumstances that Customer’s physical office location for emergency 911
calling purposes is the same as Customer’s billing address for receipt of invoices.
2.4.3 Re-Activation Required in Event of Change, Add or Port New Numbers
Customer acknowledges and agrees that emergency 911 calls do not function with respect to telephone numbers that
Customer changes, adds, and/or ports to Customer’s Wise Solutions account unless and until Wise Solutions activates the
911 calling feature for each such changed, newly added, and newly ported telephone number. Even if Wise Solutions
successfully activates 911 emergency dialing with other telephone numbers through which Customer receives Service from
Wise Solutions, Customer acknowledges and agrees that Customer MUST separately activate emergency 911 dialing for any
and all changed or newly added or ported telephone number.
2.4.4 Re-Activation Required in Event of Location Change
Customer acknowledges and agrees that emergency 911 calling will not function properly or at all if Customer moves,
relocates, or otherwise changes the physical office location(s) or the location of any device used with the Service to any
different street address, unless and until Customer successfully informs Wise Solutions of such relocation. Customer
acknowledges and agrees that Customer’s failure to provide Wise Solutions with Customer’s updated and correct physical
location(s) will result in any emergency 911 calls being routed to the incorrect local emergency service provider. Neither Wise
Solutions nor Customer shall assume under any circumstances that Customer’s physical office location for emergency 911
calling purposes is the same as Customer’s billing address for receipt of invoices.
2.5 Use Of Wise Solutions Voice Service OUTSIDE THE UNITED STATES.
The Customer understands that if the service is used from any location outside the United States, e911 service will note be
accessible, and no e911 emergency calls can be made.
2.6 Automated Number Identification
Customer acknowledges and agrees that it May Not be possible for the Public Safety Answering Point (PSAP) and the local
emergency personnel to identify Customer’s telephone number when Customer dials 911 via Wise Solutions e911 Service.
Customer acknowledges and agrees that PSAP and emergency personnel may be unable to identify Customer’s telephone
number in order to call Customer back in the event that an emergency call is unable to be completed, is dropped, or
disconnected, or if a caller is unable to speak to provide the telephone number from which the caller is calling, and/or if the
Service is not operational for any reason including, without limitation, the reasons and situations listed elsewhere in this e911
Disclosure Notice and the Wise Solutions Terms of Service.
2.7 Automated Location Identification
Customer acknowledges and agrees that it May Not be possible to transmit identification of the Customer’s physical address
to the PSAP and local emergency personnel for Customer’s area when Customer or any caller at Customer’s premises dials
911. Customer acknowledges and agrees that a caller must state the nature of the emergency promptly and clearly, including
the caller’s specific physical location, as PSAP and emergency personnel May Not have this information. Customer
acknowledges and agrees that PSAP and emergency personnel may not be able to find a caller’s location if the call is unable to
be completed, is dropped, or disconnected, or if the caller is unable to speak to provide the location from which the caller is
calling and/or if the Service is not operational for any reason including, without limitation, those reasons and situations listed
elsewhere in this e911 Disclosure Notice and the Wise Solutions Terms of Service.
2.8 Multiple-Line Systems
2.8.1 Notification.
Customers whose Services involve multiple phone lines or “Seats” may designate a location (including email and/or mobile
phone number) to receive notification whenever an e911 call is placed using Customer’s Services, and at which an employee,
contractor or other person(s) designated by Customer is likely to see such notification 24/7/365. Customer will ensure that
such information remains up-to-date in its account and applicable system software or hardware, and shall notify Wise
Solutions promptly upon any change in such information.
2.8.2 Multi-Seat System Management
Customer will be responsible for managing and directing Wise Solutions in the configuration and operation of any multi-line or
multi-seat voice Service ordered by Customer. Without limiting the generality of the this, it is the Customer who will be
responsible for managing its use of the Services and its operation of all equipment and devices used with the Services in
accordance with all applicable laws, including without limitation, Kari’s Law, RAY BAUM’s Act, and the implementing
regulations of the Federal Communications Commission, as well as applicable state laws in Customer’s location(s).
Customer’s obligations shall include, without limitation, (a) designating one or more administrators who are authorized to
order seats, lines or other modifications to the Service, or to reconfigure hardware used with the Service; (b) determining the
number of lines, seats and or DID numbers required for Customer’s needs, the assignment and re-assignment of lines, Seats
and/or DID numbers among its End Users, changes in the number, location or other characteristics of lines or Seats required;
and (c) the day-to-day operations of the Service.
2.9 Alternative 911 Arrangements
Customer acknowledges and agrees that Wise Solutions does not other primary line or lifeline services. Wise Solutions
strongly urges Customer to always maintain means of accessing traditional e911 emergency services from all Customer
locations and take appropriate measures and precautions to ensure such emergency services are available to Customer and
callers at Customer’s premises. Customer should always open a ticket at Wise Solutions Support <helpdesk@wise.ms or call
662-702-5135 to maintain updated e911 information with Wise Solutions.
3.0 Warranty Disclaimer, Limitation of Liability and Indemnification
Except as otherwise expressly stated in this Notice or the VoIP Service Agreement, the emergency services are provided on an
“as is” basis. Wise Solutions EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THE
EMERGENCY SERVICES, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE AND NON-INFRINGEMENT.
Customer acknowledges and agrees that, to the fullest extent permitted by applicable law, Wise Solutions shall not be liable
for any inability to complete emergency 911 calls from any Customer line or Customer site or to access emergency service
personnel, for any reason whatsoever, except to the extent that such failure is caused by Wise Solutions gross negligence or
willful misconduct. This disclaimer of liability is in addition to the limitations of liability set forth in the VoIP Service Agreement.
CUSTOMER SHALL PROTECT, DEFEND, INDEMNIFY, AND HOLD HARMLESS WISE SOLUTIONS, ITS OFFICERS, DIRECTORS,
EMPLOYEES, AFFILIATES, CONTRACTORS, AND AGENTS AND ANY OTHER SERVICE PROVIDER THAT FURNISHES SERVICES
TO CUSTOMER IN CONNECTION WITH THE WISE SOLUTIONS SERVICE, FROM ANY AND ALL CLAIMS, LAWSUITS, LOSSES,
DAMAGES, LIABILITY, FINES, PENALTIES, COSTS, AND EXPENSES INCLUDING, WITHOUT LIMITATION, ATTORNEY’S FEES AND
COSTS, ARISING FROM, OR RELATED TO, ANY ABSENCE, FAILURE, OR OUTAGE OF THE SERVICE, INCLUDING, WITHOUT
LIMITATION, EMERGENCY 911 CALLING AND/OR INABILITY OF CUSTOMER OR ANY CUSTOMER EMPLOYEE, THIRD-PERSON
OR PARTY, OR USER OF WISE SOLUTIONS SERVICE TO BE ABLE TO CALL 911 OR TO ACCESS EMERGENCY SERVICE
PERSONNEL. IN NO EVENT SHALL WISE SOLUTIONS BE LIABLE TO CUSTOMER OR ANY THIRD-PARTY FOR INCIDENTAL,
INDIRECT, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, OR SPECIAL DAMAGES RELATED TO CUSTOMER’S USE OF OR INABILITY
TO USE e911 SERVICES.
Customer agrees and acknowledges that Wise Solutions has entered into the Terms of Service /or any other agreement or
service order with Customer and is providing its Service in reliance upon the limitations and exclusions of liability and the
disclaimers set forth in this e911 Disclosure Notice, including, without limitation, this Section and the Wise Solutions terms of
service, and that the same form an essential basis of the agreement between the parties. The parties agree that the limitations
and exclusions of liability and disclaimers specified in the Service Activation Form and this e911 Disclosure Notice, including,
without limitation, this Section, shall survive and apply even if found to have failed their essential purpose; and Customer
hereby waives its right to contest the enforceability of any provision of this e911 Disclosure Notice by reason of such failure.