Last Updated: July 26th 2024
The VoIP Service Terms (“VoIP Terms”) supplement the Practice by Numbers Terms of Service (“Terms of Service”) and collectively govern your use of our Practice by Numbers VoIP service (“VoIP Service” or “Practice by Numbers Phones”). These VoIP Terms and Terms of Service are hereinafter collectively referred to as the “Terms.” All capitalized terms used but not defined herein shall have the meanings set forth in the Terms of Service. To access and use the Practice by Numbers Phones, the Subscriber and its end users of the Service must at all times agree to and abide by these Terms.
1 Practice by Numbers VoIP Service
The VoIP Service is an integrated Voice over Internet Protocol (“VoIP”) phone system designed to work with the Practice by Numbers Software and your customer relationship management system to automate certain aspects of your customer contact activities. The VoIP Service may include local and long-distance service. All of the VoIP Service’s features and settings are configured by Practice by Numbers. Any and all features of the Practice by Numbers Phones services are limited to Practice by Numbers’s PBX, hosted on our servers. If you purchase the VoIP Service, you are subject to and hereby acknowledge and agree to these VoIP Terms.
2 VoIP Phone Number
You agree to provide Practice by Numbers permission to port your phone number to the Service. A new phone number can be issued by Practice by Numbers, which will include a processing fee. Practice by Numbers assumes no responsibility for any lost communication in the event of a transition between numbers to or from the Service and is under no obligation to find a like number, including area code, or notify Customers of the change.
You may be able to port your current number to another service provider upon termination of service. If you cancel your VoIP Service prior to completion of the port, your VoIP Service will not work and your number may be immediately released and be unavailable for porting. Your account must be active and in good standing in order to port out your number. Practice by Numbers assumes no responsibility for any lost communication in the event of a transition between numbers to or from the Service and is under no obligation to notify Customers of the change.
3 VoIP Protection
You are solely responsible for securing access to your VoIP Service and you agree that you are responsible for all use(s) related to your VoIP Service. You agree that you are responsible for implementing generally accepted security measures to protect all access points, securing all credentials used to access the VoIP Service, including credentials used by telephones or softphones and credentials used by end users of the VoIP Service, including administrators. You are also solely responsible for terminating credentials and access for any end users of the VoIP Service no longer authorized by you to use the VoIP Service. You acknowledge that placing telephones on a publicly accessible internet protocol address or a publicly accessible network will subject you to a higher level of risk for fraudulent activity. You understand this means that you accept full liability and responsibility for your actions or the actions of anyone who uses the VoIP Service with or without your permission. If you have reason to believe that the VoIP Service is no longer secure (for example, any unauthorized, fraudulent, or prohibited use of the VoIP Service), you agree to immediately notify Practice by Numbers. You may be liable for the losses incurred by Practice by Numbers or others due to any unauthorized use of the VoIP Service:
3.1. in the event that Practice by Numbers discovers or has reason to believe suspicious or fraudulent calls are being made,
3.2. calling patterns or volumes materially outside your regular usage patterns,
3.3. other usage that is unauthorized or prohibited, you consent to Practice by Numbers taking actions it deems reasonably necessary (including temporary suspension of the affected service or blocking or limiting access to particular calling numbers or geographic areas), without prior notice, to prevent such calls from taking place, if such immediate suspension is required to protect Practice by Numbers, its vendors, its other customers, the Service or other third parties; otherwise Practice by Numbers may provide reasonable notice prior to suspension. You acknowledge and agree that Practice by Numbers is under no obligation to do so, but:
3.3.1. may upon request investigate the authenticity of calls charged to your account,
3.3.2. may take action to prevent such calls from being made,
3.3.3. is not liable for any fraudulent calls processed by Practice by Numbers and billed to your account unless such calls are the result of Practice by Numbers’s gross negligence or willful misconduct.
4 STIR/SHAKEN
Pursuant to the Federal Communications Commission’s rules regarding the STIR/SHAKEN standards, Practice by Numbers is required to respond to traceback requests from the Industry Traceback Group. Accordingly, you agree to accept and comply with traceback actions implemented by Practice by Numbers and to cooperate with Practice by Numbers in responding to any traceback requests.
Under federal law, you have the choice to approve or disapprove certain uses of your CPNI that are outside the scope of ordinary business operations, fraud prevention, or legal compliance. Practice by Numbers does not use or share CPNI in ways that would trigger this approval process. You also have the option to direct us to disclose your CPNI to third parties. Practice by Numbers also gives you capabilities to manage who can access your CPNI. If you are the Administrator on the account, as defined by the 7.1.2. of the Terms of Service, you may designate other Administrators or users to access and manage your account information. In that case, your Administrators will also have access to all the CPNI associated with your account, and users will have access to portions of CPNI associated with your account.
6 9-1-1 Service
Practice by Numbers’s VoIP Service allows you to make or receive telephone calls over the Internet to or from the public switched telephone network. The nature of VoIP telephone calls, while appearing similar to traditional telephone calling services, create unique limitations and circumstances, and you acknowledge and agree that differences exist between traditional telephone service and VoIP telephone services, including the lack of traditional 9-1-1 emergency services. Because of the unique nature of VoIP telephone calls, emergency calls to 9-1-1 through the VoIP Service will be handled differently than traditional phone service. The following provisions describe the differences and limitations of 9-1-1 emergency calls. Additional descriptions of these differences and the limitations of VoIP 9-1-1 calling are also contained in the notice “Important 911 Information” posted at https://staging.notionhive.com/wordpress/pbn/legal/e911/ (the “911 Notice”). And you hereby acknowledge and understand the differences between traditional 9-1-1 service and VoIP calls with respect to 9-1-1 calls placed to emergency services from your account as described below and in the 911 Notice, including the following:
6.1 Placing 9-1-1 calls
When you make a 9-1-1 emergency call, the VoIP Service will attempt to automatically route your 9-1-1 call through a third-party service provider to the Public Safety Answering Point (“PSAP”) corresponding to the address of record associated with the telephone number or device in your account. However, due to the limitations of the VoIP telephone services, your 9-1-1 call may be routed to a different location than that which would be used for traditional 9-1-1 dialing. For example, your call may be forwarded to a third-party specialized call center that handles emergency calls. This call center is different from the PSAP that would answer a traditional 9-1-1 call which has automatically generated your address information, and consequently, you may be required to provide your name, address, and telephone number to the call center.
The VoIP Service will attempt to automatically provide the PSAP dispatcher or emergency service operator with the name, address and telephone number associated with the device from which the 911 call is placed. However, for technical reasons, the dispatcher receiving the call may not be able to capture or retain your name, phone number or physical location. Therefore, when making a 9-1-1 emergency call, you must immediately inform the dispatcher of your location (or the location of the emergency, if different). If you are unable to speak, the dispatcher may not be able to locate you if your location information is not up to date.
You are responsible for providing, maintaining, and updating correct contact and location information (including name, physical street address and telephone number) with each phone number or device under 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. The location information required is in addition to, and may be distinct from, your main address or billing address.
6.4 Disconnections
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.
6.5 Connection time
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.
6.6 9-1-1 calls may not function
For technical reasons, the functionality of 9-1-1 VoIP emergency calls may cease or be curtailed in various circumstances, including but not limited to:
6.6.1 failure of service or your service access device – if your system access equipment fails or is not configured correctly, or if the VoIP Service is not functioning correctly for any reason, including power outages, VoIP service outage, suspension or disconnection of your account with us or with your internet service provider for any reason, including billing issues, network or Internet congestion, or network or Internet outage in the event of a power, network or Internet outage;
6.6.2 you may need to reset or reconfigure the system access equipment before being able to use the VoIP Service, including for 9-1-1 emergency calls;
6.6.3 changing locations – if you move your system access equipment to a location other than the location registered for that equipment your Account information or otherwise on record with Practice by Numbers.
6.7 Alternate services
If you are not comfortable with the limitations of 9-1-1 emergency calls, Practice by Numbers recommends that you terminate the VoIP Service or consider an alternate means for accessing traditional 9-1-1 emergency services.
You are responsible for notifying, and you agree to notify, any user or potential users of the VoIP Service of the nature and limitations of 9-1-1 emergency calls on the VoIP Service as described herein. Without limiting the generality of the foregoing, you must inform all users of the requirement to update their location information at any time that they change the location at which they are using the VoIP Service.
6.9 Central Point for Notification
If your account includes multiple users or phone numbers, you must provide us with an email address and/or phone number to which notifications will be sent whenever a 9-1-1 call is placed using your VoIP Service. The email/phone number may be that of a security office or other centralized location within your organization, but must be one at which a notification is likely to be seen and/or heard (as applicable) 24 hours per day, 7 days per week, and 365 days per year.
6.10 Other Subscriber Responsibilities
You are solely responsible for determining the number of licenses, telephone numbers and Supplied Equipment required under your Account to ensure that each of your users has a phone number that can be associated with that user’s location for 9-1-1- purposes. You are responsible for controlling and overseeing your VoIP Service and Supplied Equipment after installation, including determining how lines should be distributed among your users (including the adding or moving of lines), assigning and reassigning telephone numbers, ongoing network configuration, and day-to-day operation of the VoIP Service.
7 Disclaimer; Indemnification
Your use, and use by your end users, guests and other third parties, of Practice by Numbers Phones service for 9-1-1 emergency calls are subject to the limitations described herein. Practice by Numbers is not responsible for the availability of any features that depend on whether local emergency response centers support such features, or any other factors outside of Practice by Numbers’s control. Practice by Numbers relies on qualified third parties to assist us in routing 9-1-1 emergency calls to emergency response centers. Practice by Numbers does not have control over emergency response centers or any third parties, any emergency responders dispatched by an emergency response center, or other third parties and hereby disclaims liability for the conduct of any of the foregoing. To the extent permitted by Applicable Law, you hereby release, discharge, and hold harmless Practice by Numbers from and against any and all liability relating to or arising from any acts or omissions of such third parties or other third parties involved in the handling of or response to any emergency or 9-1-1 emergency services.
Without limiting the Terms of Service, you agree to defend, indemnify and hold harmless Practice by Numbers and its subsidiaries, agents, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees) arising from or related to:
7.1 Subscriber’s or its end users’ failure to provide Practice by Numbers accurate, current, complete and true information, including physical addresses;
7.2 Subscriber’s or its end users’ failure to notify any person who may place calls using the VoIP Service of the 9-1-1 emergency calls limitations;
7.3 Inability of any end user, guest or other third party using the VoIP Service to be able to dial 9-1-1 or access emergency service personnel for any reason.
7.4 Your failure to order sufficient telephone numbers to enable each user or device to register the actual physical location from which the VoIP Service is being used. You shall not, without the prior written consent of Practice by Numbers, compromise or consent to the entry of any judgment with respect to any pending or threatened claim unless the settlement, compromise or consent provides for and includes an express, unconditional release of such claim against Practice by Numbers.
The VoIP Services are subject to all limitations of liability, disclaimers of warranty and indemnification obligations set forth in the Terms of Service, as fully as if the same were set forth herein.
8 Term and Termination
The term of these VoIP Service Terms commences upon the date you sign up for the VoIP Service and shall remain in effect on a month-to-month basis, or as otherwise stated on the Order, until you cancel the VoIP Service by notifying Practice by Numbers or you or Practice by Numbers terminate the Terms of Service in accordance with the terms thereof.
9 Ratification
By accessing or otherwise using the VoIP Service, you expressly acknowledge and agree to these VoIP Terms in addition to the Practice by Numbers Terms of Service.
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