GDSPBX EMERGENCY SERVICES
These terms for the GDSPBX Emergency Services are expressly incorporated into the Master Services Agreement entered into by GDS Telecom, LLC and Customer (the “Agreement”).
1. Service Description
1.1 GDS Telecom will establish and provide GDSPBX Emergency Services in accordance with this Attachment, which may be supplemented or revised from time-to-time upon thirty (30) days’ prior written notice from GDS Telecom to Customer. By executing this Attachment, Customer agrees to be solely responsible, and to indemnify GDS Telecom, for ensuring the compliance of Customer’s users with each requirement of the Service outlined herein.
1.2 The GDSPBX Emergency Services is available only for the countries which GDS Telecom has provided Rates to Customer as outlined in Customer’s GDS Telecom Solution Summary, or on any subsequent Rate Notification.
1.3 GDS Telecom will provide GDSPBX Emergency Services conditioned upon Customer (i) completing the Set-Up Acknowledgment, Service Limitations Acknowledgment and the Service Certification Form; (ii) providing the respective location data for accurate routing of emergency calls to the most geographically appropriate PSAP by means of the existing emergency calling infrastructure; (iii) delivering the call back number and valid address to the PSAP during an emergency call using existing emergency calling infrastructure; and (iv) placing the stickers provided by GDS Telecom on each enabled device. Services will provide Customer the ability to load and batch load endpoint location data into the systems connected to the existing emergency calling infrastructure.
1.4 Customer expressly releases, and will obtain from Customer’s users waivers releasing, GDS Telecom from any claims or liability arising from the provision of the GDSPBX Emergency Services, except with regard to the obligation to ensure that the interconnection trunking arrangements are compatible with the emergency calling infrastructure. Customer bears sole responsibility for providing emergency services to Customer’s users and for any costs associated with providing these services, including but not limited to the payment of any governmental fees or assessments related to emergency services. Customer agrees to indemnify and hold GDS Telecom and all of its affiliates, subsidiaries, employees, shareholders, agents, vendors, and representatives harmless from any and all claims, damages, suits, costs, charges, or fees (including attorney’s fees and court costs) arising from or related to any claims or liability associated with the provision of GDSPBX Emergency Services, or Customer’s provision of emergency services to Customer’s users.
1.5 Customer understands that some jurisdictions may require Customer to obtain affirmative acknowledgement from all of Customer’s users concerning the differences between the GDSPBX Emergency Services available from GDS Telecom, as compared to traditional providers of telecommunications services as well as other disclosures. Customer acknowledges and agrees that, when necessary, it is solely responsible for (i) the execution and maintenance of the relevant affirmative acknowledgements for each endpoint location served by the GDSPBX Emergency Services; (ii) the provision and affixing of labels to all devices at the endpoint location supported by the GDSPBX Emergency Services; and (iii) the compliance with all legal obligations associated with the provision of emergency services to its users. Customer indemnifies GDS Telecom from any liability associated with Customer’s failure to comply with any of these obligations in Section 1.
2.1 GDS Telecom sets forth the Rates for GDSPBX Emergency Services in Customer’s GDS Telecom Solution Summary.
2.2 ECC Charges in US and Canada. If a call is made from a non-provisioned or improperly provisioned telephone number in US and Canada, the call will not be automatically routed to the correct PSAP. Instead, that call will be handled by the backbone provider 24/7 Emergency Call Center (“ECC”). Customer acknowledges that for emergency call routing involving the ECC, GDS Telecom has no ability to assist the caller in the event that (i) the caller cannot speak or identify their address; (ii) the data connectivity between the address database and the ECC is interrupted; or (iii) the Customer cannot provide the endpoint location information. Customer agrees to indemnify and hold harmless GDS Telecom from all third party claims arising from such circumstances. In the event of a call being routed to the ECC under such circumstances, Customer must also pay a per-call ECC charge of $75. Customer acknowledges responsibility for all ECC charges even if erroneous calls are placed by unknown persons accidentally or purposefully. Customers placing five or more calls per month to the ECC are subject to an additional $500 fee. The Parties acknowledge that this additional fee represents a good faith estimate of the additional cost, which will be incurred by GDS Telecom and is not a penalty. GDS Telecom may terminate this Attachment and Service, if Customer fails to correct non-provisioned or improperly provisioned telephone numbers and addresses, resulting in the imposition of repeated monthly additional fees.
3. Provisioning. Customer agrees to execute the Certification Form on the GDSPBX Portal for each endpoint location served by the Service, which will enable GDS Telecom to work with telecommunications carriers on Customer’s behalf for the purpose of establishing any required interconnections between GDS Telecom, Customer and the telecommunications carrier in order to provide Services. The Parties understand and acknowledge that should Customer fail to provide the Certification Form, GDS Telecom may not be able to provide the Services, in whole or in part. For each telephone number, for which Customer desires GDSPBX Emergency Services, Customer must provide GDS Telecom with the telephone number and a correct and valid emergency response address for that telephone number. Customer must update this information whenever necessary to reflect changes. Customer will provide the origination telephone number, also known as the Automatic number identification (“ANI”) with every subscriber call presented to GDS Telecom for processing. GDS Telecom will have no obligation to provide Services with respect to any call that does not include ANI and will not be liable for any claims arising from any efforts undertaken by GDS Telecom to provide the Service under such circumstances. Additionally, Customer acknowledges that in regions where Services are provided by means of a non-native 9-1-1 solution, including but not limited to emergency calls which do not flow through the Public Switched Telephone Network selective router and route to the trunk group serving the appropriate Public Safety Answering Point (“PSAP”), in the event a caller cannot speak, no information will be provided to the PSAP to contact either GDS Telecom or Customer to obtain information on how the call should be handled. Customer agrees to indemnify and hold harmless GDS Telecom from all third party claims arising from such circumstances.
4. Limitations. CUSTOMER EXPRESSLY ACKNOWLEDGES AND ACCEPTS ALL LIMITATIONS TO THE EMERGENCY SERVICES AND AGREES TO CONVEY THESE LIMITATIONS TO ALL PERSONS WHO MAY HAVE OCCASION TO PLACE CALLS OVER THE SERVICE. IF THE ADDRESS ASSOCIATED WITH A TELEPHONE NUMBER CHANGES OR THE “ANI” DELIVERY CHANGES, CALLS MAY BE DIRECTED TO THE WRONG EMERGENCY AUTHORITY, MAY TRANSMIT THE WRONG ADDRESS, OR MAY FAIL ALL TOGETHER. ALL CHANGES REQUIRE GDS TELECOM’S PRIOR WRITTEN APPROVAL. EMERGENCY CALLS CAN FAIL IF THERE IS AN ELECTRICAL OUTAGE OR NETWORK ISSUES INCLUDING NETWORK CONGESTION, OR OTHER TECHNICAL PROBLEMS. CALLS WILL FAIL IF THE SERVICE IS SUSPENDED OR TERMINATED. CUSTOMER ACKNOWLEDGES AND AGREES THAT GDS TELECOM WILL NOT BE LIABLE FOR ANY SERVICE OUTAGE, ANY INABILITY TO USE THE SERVICES, OR ANY INABILITY TO ACCESS EMERGENCY SERVICES PERSONNEL.