Last update: April 12, 2019
Pursuant to Telecom Decision CRTC 2005-21, Cōv communications Inc. wishes to inform all its clients using telephony services Internet protocol, whether through VoIP telephone or through a VoIP mobile phone application (hereinafter “VoIP Service“) about the differences between the operation of the 911 VoIP (hereinafter “911 VoIP “) and the traditional 911 service. If you have any questions about your VoIP Service, do not hesitate to contact us by either of the following methods:
- by email to this following address: legalnotice@covcommunications.com
- by mail to this following address:
Cōv communications
Legal department
4400, rue Garand
Laval, Québec
H7L 5Z6
1. DIFFERENCE
With traditional phone services, your 911 call is sent directly to the Public Safety Answering Point (hereinafter “PSAP“) nearest to your address. With VoIP Service, your 911 call is forwarded to a third-party service provider that will automatically or manually route your call to the PSAP.
2. LOCATION
As you move from one place to another with your VoIP Service, for technical reasons, the emergency call center operator may not have your name, address or contact information at the time of call. Therefore, when you use the 911 VoIP Service, you must immediately inform the emergency call center operator of the address of your location (or the location of the emergency, if different) and your contact information. Do not risk sending police or ambulance services to the wrong location.
3. SERVICE INTERRUPTION
The VoIP Service depends not only on the maintenance of your subscription (and bills payment), but it also depends on your Internet connection and the electricity grid. In case of power failure, Internet or network failure (including network congestion), or in case of disconnection due to non-payment, you may be unable to access 911 VoIP or you may be struggling to get 911 VoIP Service. Cōv communications recommends having an alternative phone service (like a cell phone) handy to increase the reliability of your access to emergency service in case of disruption of VoIP Services.
4. FOLLOW INSTRUCTIONS OF OPERATOR
Do not hang up or end your 911 VoIP call before the emergency call center dispatcher allows it. If you are inadvertently disconnected, call back immediately.
5. UPDATE YOUR INFORMATION
Update your address in your client record. Cōv communications will endeavor to provide the address in your client file to the emergency call centre operator. Therefore, make sure that the information is always accurate and current. If you do not inform the emergency call operator of your address (for example, if you are unable to speak during a 911 call), the emergency call centre operator may assume that you are calling from the last registered address found in you client file.
6. INFORMATION TO OTHER USERS
You must notify your employees and other potential users of your VoIP Service of the nature and limitations of 911 VoIP emergency calls.
In accordance with applicable laws and regulation, you must provide sufficient information to your employees and potential users sufficiently of the differences of 911 VoIP emergency services. You must place 911 VoIP Service warning stickers in a visible location on your VoIP telephone device or other device using VolP Services. To print the 911 VoIP Service warning stickers, print the PDF document provided by Cōv communications which may be found here:
Download 9-1-1 Emergency Information PDF
7. LIMITATION OF LIABILITY AND INDEMNITY
As the terms of Cōv communications VoIP Service limit corporate liability and disclaim any responsibility for the 911 VoIP, please read the following.
7.1 NO WARRANTY. SUBJECT OF THESE PROVISIONS, AND THE SERVICE CONTRACT BETWEEN YOU AND CŌV COMMUNICATIONS BY WHICH YOU SUBSCRIBE VOIP SERVICE, CŌV COMMUNICATIONS OFFERS NO EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING WITHOUT LIMITATION QUALITY WARRANTY.
7.2 LIMITATION OF LIABILITY. CŌV COMMUNICATIONS, ITS SUBSIDIARIES OR ITS AFFILIATES AND THEIR RESPECTIVE ADMINISTRATORS, DIRECTORS, EMPLOYEES, AUTORIZED REPRESENTATIVE OR AGENTS CAN NOT BE HELD LIABLE OF:
A) ANY CLAIM, DAMAGES OR LOSSES (INCLUDING WITHOUT LIMITATION, LOST PROFITS); OR
B) ANY DAMAGES RESULTING FROM INTERRUPT VOIP SERVICE OR LOSS OF DATA.
IN THIS REGARD, BY SUBSCRIBING VOIP SERVICES, YOU WAIVE ANY AND ALL CLAIMS OR CAUSES OF ACTION ARISING OUT OF OR RELATED WITH ANY INTERRUPTION OF THE SERVICE VOIP OR INABILITY TO MAKE A 911 VOIP CALL OR ACCESS EMERGENCY SERVICE PERSONAL, EXCEPT IN THE EVENT THAT THE ACT OR OMISSION FORMING THE CLAIM CAUSE, DAMAGE OR LOSS CONSTITUTES CŌV COMMUNICATIONS SERIOUS NEGLIGENCE, CARELESSNESS OR INTENTIONAL MISCHIEF. COMPENSATION. YOU AGREE TO DEFEND, INDEMNIFY AND NOT HOLD RESPONSIBLE CŌV COMMUNICATIONS, ITS SUBSIDIARIES OR ITS AFFILIATES AND THEIR RESPECTIVE ADMINISTRATORS, DIRECTORS, EMPLOYEES, AUTHORIZED REPRESENTATIVES OR RESPECTIVE AGENTS, AND ITS ASSIGNEES OR OTHER SUPPLIERS WHO OFFER CUSTOMER SERVICES OR WHO ARE OFFERING SERVICES TO CŌV COMMUNICATIONS RELATED TO THE VOID SERVICE, AGAINST ALL CLAIMS, LOSSES, DAMAGES, FINES, PENALTIES, COSTS, EXPENSES, LEGAL FEES, ETC., TO YOU OR ON THE BEHALF OF ANY THIRD PARTY, OR USER OF YOUR VOIP SERVICES RELATED TO THE ABSENCE, FAILURE OR INTERRUPTION OF VOIP SERVICE, INCLUDING 911 VOIP OR INABILITY OR ANY THIRD PARTY OR ANY USER OF THE SERVICE VOIP, BE ABLE TO CALL 911 OR ACCESS EMERGENCY PERSONNEL, AND THE WRONG TRANSIT OF A 911 VOID CALL.
8. ACCEPTANCE
Despite the limitations discussed above, having read and understood these restrictions as well as the limits of Cōv communication’s liability, you hereby acknowledge and agree, without limitation, to the VoIP Service and the 911 VoIP Service as they are currently offered.
9. WARNING
When you call 911, be prepared to give your location address.
10. USER TIPS: IMPORTANT 911 INFORMATION
In an emergency arises:
i) Dial 911 to contact an emergency call center operator;
ii) Be prepared to give your address (of the location of the emergency), a callback number and the nature of the emergency.
iii) Do not hang up unless the operator or the call centre asks you to.
iv) If you lose communication, immediately redial 911. Also, the operator will try to call you at your your callback number.
v) Ensure that your VoIP Service and your Internet service are configured and initialized correctly.
vi) Affix the stickers provided in your starter kit prominently on your phone devices using VoIP Services or in a conspicuous place by all users or potential users.
vii) Inform all users or potential users of 911 VoIP limitations and advices mentioned above.
11. OTHER PROVISIONS
11.1 Modifications. Cōv communications may, at any time and in its sole discretion, modify this notice. In such case, Cōv communications shall display a notice on its website, at the bottom of the page, and this modification will be effective on the display date of the modified Policy. Cōv communications assumes no responsibility towards you for the non-compliance of this notice.
11.2 Applicable Law. This notice is governed by the applicable laws in Quebec. The parties acknowledge the exclusive jurisdiction of Quebec courts, district of Laval, towards any matters discussed herein and agree to comply.
11.3 Inapplicability. If a competent court declares that any provision hereof is invalid, illegal or unenforceable in any way whatsoever, the other provisions will not be affected and will remain in force.
11.4 Default. Cōv communication’s default to insist on the absolute respect of any term of this notice can not constitute a waiver of any breach and will not prevent it, subsequently, to insist on the absolute respect of this modality, or constitute a waiver of any subsequent breach sanction, whether or not of the same nature.