Atmosphere Emergency Services

ATMOSPHERE EMERGENCY SERVICES ATTACHMENT

This Attachment is expressly incorporated into the ­­­IntelePeer Master Services Agreement entered into by IntelePeer and Customer (the “Agreement”). 

1.         Service Description

1.1       IntelePeer will establish and provide Atmosphere Emergency Services to support enhanced and dynamic emergency calling (“Services”) in accordance with this Attachment, which may be supplemented or revised from time-to-time upon thirty (30) days’ prior written notice from IntelePeer to Customer. 

1.2       The Services are available only for the countries for which IntelePeer has provided Rates to Customer as outlined in Customer’s IntelePeer Solution Summary, or on any subsequent Rate Notification.

1.3       IntelePeer will provide Services conditioned upon compliance by Customer, its users and customers with the obligations set forth in Section 3 of this Attachment.

1.4       Using the information provided by the Customer, IntelePeer will work with telecommunications carriers on Customer’s behalf for the purpose of establishing any required interconnections between IntelePeer, Customer and the telecommunications carrier in order to provide Services.  Services will provide Customer the ability to load and batch load endpoint location data into the systems connected to the existing emergency calling infrastructure.

1.5       IntelePeer 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 IntelePeer to provide the Service under such circumstances.

1.6       If a call is made from a non-provisioned or improperly provisioned telephone number in US and Canada, the call will be handled by the backbone provider 24/7 Emergency Call Center (“ECC”), instead of automatically routed to the correct Public Safety Answering Point (“PSAP”).

2.        Rates

2.1       IntelePeer sets forth the Rates for Services in Customer’s IntelePeer Solution Summary.

2.2       ECC Charges in US and Canada.  In the event of a call being routed to the ECC pursuant to Section 1.6, 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 IntelePeer and is not a penalty. 

3.         Customer Responsibilities.

3.1       Customer expressly releases IntelePeer from any liability arising from the provision of the Services or the outcome of any emergency call, except with regard to the obligation to ensure that the interconnection trunking arrangements from IntelePeer to the PSAP or ECC are compatible with the emergency calling infrastructure. Customer acknowledges that, for emergency call routing, IntelePeer has no ability to assist the caller in the event that: (i) the caller cannot speak or identify their location; (ii) the data connectivity between the location database and the ECC is interrupted; or (iii) the Customer cannot provide the endpoint location information or incorrectly configures any third-party software or connections therewith.  Customer agrees that IntelePeer is not responsible for IntelePeer’s inability to provide the Service due to IntelePeer’s reliance on inaccurate or incomplete data provided by Customer under Section 3.2, or Customer’s failure to cooperate as required by this Section 3.

3.2       Customer agrees to be solely responsible for: (i) executing and maintaining the relevant affirmative Set-Up Acknowledgment, Service Limitations Acknowledgment), the Certification Form for all telephone numbers registered for emergency services in the Customer Portal, and the disclosures  from Customer’s users or customers for each endpoint location served by the Services; (ii) disclosing the inherent service limitations to its users and customers, through affixing of labels to devices at the endpoint location supported by the Services or some other conspicuous means; (iii) provisioning of the services to its users and customers, including the payment of any governmental fees or assessments related to emergency services; (iv) submitting and prompt updating of all data for each telephone number registered to receive the Services, including without limitation a valid emergency response address, the telephone number, an alternative or additional end user identifier, a call-back number, and Customer’s user’s full name or business name; (v) submitting and transmitting of the respective location data to IntelePeer for accurate routing of emergency calls to the most geographically appropriate PSAP by means of the existing emergency calling infrastructure; (vi) configuring Customer’s equipment to transmit data, including without limitation all endpoint records for any dynamic emergency calling capabilities and the SIP INVITE with the required fields and parameters from the Customer’s session boarder controller, accurately during an emergency call using existing emergency calling infrastructure; (vii) providing the origination telephone number, also known as the Automatic Number Identification (“ANI”) with every subscriber call presented to IntelePeer for processing; and (viii) complying with all legal obligations associated with the provision of emergency services to its users.  

3.3       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 PSAP, in the event a caller cannot speak, no information will be provided to the PSAP to contact either IntelePeer or Customer to obtain information on how the call should be handled.

3.4       If Customer fails to comply with any of the requirements set forth in this Attachment, including without limitation providing the correct non-provisioned or improperly provisioned telephone numbers and addresses, Customer acknowledges that such failure will be deemed a material breach of the Agreement for which IntelePeer may exercise any of its rights or remedies available in this Agreement or at law, and disclaims all liability.   

3.5       Indemnification.  In addition to any indemnification obligations in the Agreement, Customer will indemnify and hold IntelePeer 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: (i) the use of the emergency services by Customer, Customer’s users or customers; (ii) the compliance by Customer, its users or customers with each requirement set forth in this Attachment; (iii) any circumstances outlined in Section 3.1; or (iv) IntelePeer’s use of or reliance upon the information provided by Customer.

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 LOCATION INFORMATION ASSOCIATED WITH A TELEPHONE NUMBER PROVISIONED WITH INTELEPEER IS NOT CORRECT, THE “ANI” DELIVERED WITH A CALL IS NOT CORRECT, OR OTHER DATA DELIVERED WITH A CALL IS NOT CORRECT, SUCH CALLS MAY BE DIRECTED TO THE WRONG EMERGENCY AUTHORITY, MAY BE DELIVERED WITH INCORRECT LOCATION INFORMAITON, OR OTHERWISE NOT COMPLETE OR NOT BE DELIVERED PROPERLY.  ALL CHANGES REQUIRE INTELEPEER’S PRIOR WRITTEN APPROVAL.   EMERGENCY CALLS MAY 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 INTELEPEER WILL NOT BE LIABLE FOR ANY SERVICE OUTAGE, ANY INABILITY TO USE THE SERVICES, OR ANY INABILITY TO ACCESS EMERGENCY SERVICES PERSONNEL.