In addition to the terms and conditions in the Master Service Agreement (“Agreement”) between MetTel and Customer (“You”), the following terms and conditions apply to Your VoIP Service(s) (Hosted PBX, VoIP and SIP Trunking). In the event of a discrepancy between these terms and the Agreement, these terms will take precedence:
- Not a Telephone Service. Customer acknowledges and understands that VoIP Services (Hosted PBX, VoIP and SIP Trunking) are not telephone services. The Service connects to the Internet or a dedicated connection, which is different from a traditional telephone line. There are IMPORTANT DIFFERENCES between telephone service and VoIP Services (Hosted PBX, VoIP and SIP Trunking) as set out in these Terms and Conditions.
- Limitations. 9-1-1 service associated with Your VoIP Services (Hosted PBX, VoIP or SIP Trunking) has certain limitations compared with traditional 9-1-1 service, which are as follows:
- Service Outages. You acknowledge and understand that during Internet or dedicated connection service outages for any reason whatsoever, Your Service INCLUDING 9-1-1 SERVICE, will not work.
- Loss of Service Due to Power Failure. You acknowledge and understand in the event of a power failure, Your Service, INCLUDING 9-1-1 SERVICE will not work. If there is an interruption in the power supply, 9-1-1 SERVICE, will not function until power is restored. A power failure or disruption may require You to re-set or reconfigure Equipment prior to using the Service.
- Service Outage Due to Suspension of Your Account. You acknowledge and understand that service outages due to suspension of Your account as a result of billing issues will prevent Service, INCLUDING 9-1-1 SERVICE, from functioning.
- Operator Services Currently Not Available. MetTel does not currently offer Operator Service for VoIP Services (Hosted PBX, VoIP and SIP Trunking).
- Dry Loop DSL. If you requested Dry DSL Service from MetTel, you understand and agree as follows:
- Automatic Outbound Dialers. MetTel does not permit the use of any automatic outbound dialers of any kind in SIP Trunking Service. Use of an Automatic Outbound Dialer may result in the immediate suspension or termination of Your Service without notice.
- Calls Per Second. Calls Per Second will be limited to 1 Call Per Second on SIP Trunking Service.
- Call Completion. Call Completion on SIP Trunking Service must be at 70% on average.
- Caller Line ID. Caller Line ID on SIP Trunking Service must be a name and number that You are authorized to use and in accordance with CRTC regulations. By changing the Caller Line ID You understand and acknowledge these regulations.
- Inbound vs. Outbound Ratio. The Inbound vs. Outbound ratio must be within 60/40 for any billing month on the SIP Trunking Service.
- Collect Calls. Collect Calls are blocked on VoIP Services (Hosted PBX, VoIP and SIP Trunking).
- Long Distance. Long Distance cannot be PIC’d away from MetTel on VoIP Services (Hosted PBX, VoIP and SIP Trunking).
- Premium 900/976 Dialing. Premium 900/976 Dialing is blocked on VoIP Services (Hosted PBX, VoIP and SIP Trunking).
- 911 Emergency Service Listings are required to identify the callers location to the 911 system in the event of an emergency. This is needed on IP services and are charged at the monthly rate of $1.85 per line or DID Station Number.
- Copyright. Use of any audio or video content on the VoIP Services (Hosted PBX, VoIP and SIP Trunking) is strictly limited to content You are authorized to use. You are responsible for any fees associated in obtaining and using any copyrighted material.
- Unlimited Local Plan. Unlimited Local Plan on MetTel VoIP Services (including without limitation, SIP or Hosted PBX) is based on usage of a typical business user. Utilizing VoIP Services in excess of what, in MetTel’s sole discretion, would be expected of normal business use, including without limitation allowing more than one user to use a single VoIP line or using a single VoIP line in excess of what would be expected of a single user (not to exceed 500 minutes of outbound calling other than to other on-net MetTel VoIP customers), will invalidate pricing and MetTel will have the right to convert the Service to a measured-rate plan.
i. If You dial 9-1-1, You will be automatically routed to a specialized call centre that handles emergency calls. The call centre is different from the Public Safety Answering Point (PSAP) that would answer a traditional emergency call. You may be required to provide Your name, telephone number and address to the call centre operator.
ii. You agree to notify MetTel immediately should You INTEND to change Your use of Service, including without limitation, should You move the location or municipal address from which You use Your Service, by opening a customer service request at app.bruin.com by telephone at 1.800.876.9823 to ensure You maintain 9-1-1 service.
iii. You understand and acknowledge that a) should You change Your use of Your Service without first notifying MetTel and/or b) should You choose to operate Your service outside of Your address as registered with MetTel either temporarily or permanently, 9-1-1 service will not operate properly and Your ability to access 9-1-1 service will be adversely affected.
iv. YOU ACKNOWLEDGE AND AGREE THAT METTEL AND ITS AFFILIATES, DIRECTORS, EMPLOYEES, AGENTS AND UNDERLYING CARRIERS, WILL NOT BE LIABLE FOR ANY INJURY, DEATH OR DAMAGE TO PERSONS OR PROPERTY, ARISING DIRECTLY OR INDIRECTLY OUT OF, OR RELATING TO THE 9-1-1 SERVICE AND YOU AGREE TO INDEMNIFY AND HOLD HARMLESS METTEL (AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND UNDERLYING CARRIERS) FOR ANY LIABILITIES, CLAIMS, DAMAGES, LOSSES AND EXPENSES, (INCLUDING REASONABLE LEGAL FEES AND EXPENSES) WHICH YOU MAY SUFFER OR INCUR, ARISING DIRECTLY OR INDIRECTLY OUT OF OR RELATING TO 9-1-1 SERVICE WITH VOIP SERVICES (HOSTED PBX, VOIP OR SIP TRUNKING).
i. The Dry DSL Service is provisioned on a “dry loop” from the ILEC and cannot be used as a regular telephone line;
ii. MetTel can only provision the Dry DSL Service to Your premises’ demarcation point. You are responsible for any coordination and hardware past this point, as well as Your internal wiring requirements; and
iii. MetTel can only provide technical support for Your Dry DSL Service up to the demarcation point. Any technical issues beyond this point are Your responsibility.