VoIP 9-1-1 Service Limitations 1. Emergency / 9-1-1 Limitations Client acknowledges that TELECOM METRIC INC. (“TMI”) utilizes voice over Internet protocol (“VoIP”) for the delivery of local voice services. This is an importance difference from traditional wireline local services and affects the quality and nature of 9-1-1 services available. As a result, the VoIP 9-1-1 services provided by TMI have certain limitations compared to Enhanced 9-1-1 services (“E 9-1-1”) available for most wireline local services. These differences include, but are not limited to: A bilingual call centre agent will answer the 9-1-1 emergency call, request the caller’s location and the Emergency service required and route the call to the 9-1-1 Public service answering point (“PSAP”) serving the location provided by the caller; Unlike tradition E 9-1-1 service, the caller’s location information and phone number will not be automatically delivered to the VoIP 9-1-1 call centre and call control features that provide the PSAP agent with control over the line on which the 9-1-1 emergency call is made; The caller’s location and telephone number may not be automatically transmitted with the 9-1-1 emergency call. The caller must be able to verbally communicate his/her location to the call centre agent. If the caller is unable to speak, the 9-1-1 operator may assume that the caller is at the last registered address for the local voice service. Clients need to keep their location information current with TMI. VoIP 9-1-1 emergency calls made from locations outside of Canada cannot be completed by the call centre agent. The caller will be told to use an alternate service to VoIP 9-1-1. Traditional wireline 9-1-1 are not available in all locations within Canada. VoIP 9-1-1 services within Canada are subject to the availability of traditional wireline 9-1-1 service at the caller’s physical location. If 9-1-1 is not available from User’s location, User should contact emergency services such as fire, police or ambulance directly. VoIP 9-1- service will not function if the Equipment is not configured properly or if Client’s Service is not functioning for any reason. VoIP 9-1-1 service will not be available during a power outage and will be unavailable during a broadband Internet outage. VoIP 9-1-1 services will not be available if Service is suspended or terminated. VoIP 9-1-1 calls from TMI’s local voice service will take longer to be connected to the emergency authority than those made from a traditional wireline phone. Client understands the 9-1-1 limitations of TMI’s local voice services and Client acknowledges that it is their obligations to make all other Users, or potential Users, of the Service aware of these limitations. Callers to VoIP 9-1-1 should: be prepared to provide their physical location, call back number and the nature of the emergency; and not hang-up unless told to by the 9-1-1 call centre agent. If a caller is disconnected they should redial 9-1-1. If the Client does not understand or does not agree with the limitation of VoIP 9-1-1 services, then Client should consider alternative arrangements to provide access to traditional 9-1-1 or E 9-1-1 services. 9-1-1 services are mandatory on local voice services. TMI’S 9-1-1 service will be provisioned on all applicable Services. Any alternate arrangement will be in addition to TMI applicable Service. The Client understands that it is their obligation to ensure that all users are aware of the limitations of VoIP 9-1-1 services. The Client understands the limitation of VoIP 9-1-1 services and assumes all liability and responsibility for the provision of emergency services and agrees to hold TMI, its officers, directors, employees and agents harmless for any injury, death or damage whether direct or indirect that may result from : (1) the VoIP 9-1-1 service provided by TMI (including but not limited to situations of unavailability of 9-1-1 as described in these terms and conditions and incomplete or incorrect address information provided by the Client); (2) Client’s failure to obtain access to conventional 9-1-1 service as part of a telephone line subscription from another telephone company under separate agreement; or (3) Client’s failure or delay in utilizing conventional 9-1-1 service. 2. Warranty Disclaimer and Limitation of Liability EXCEPT AS SPECIFICALLY PROVIDED, TELECOM METRIC INC. MAKES NO WARRANTIES OF ANY KIND IN CONNECTION WITH ITS NETWORK, CONNECTIONS, EQUIPMENT, FACILITIES OR SERVICE, AS CONTEMPLATED HEREIN, WHETHER WRITTEN OR ORAL, STATUTORY, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTY OF MERCHANTABILITY AND THE WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR USE, AND ALL SUCH REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND ARE, TO THE EXTENT PERMITTED BY APPLICABLE LAW, HEREBY EXCLUDED. TELECOM METRIC INC. WILL NOT BE LIABLE TO CLIENT, OR ANY OTHER PERSON FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, RELIANCE OR PUNITIVE DAMAGES, OR FOR ANY LOST PROFITS OF ANY KIND OR NATURE WHATSOEVER, REGARDLESS OF THE FORESEEABILITY THEREOF, ARISING OUT OF THE PROVISION OF SERVICE OR IN ANY WAY ARISING OUT OF THIS AGREEMENT AND ANY RELATED AGREEMENTS. CLIENT’S EXCLUSIVE REMEDY AND TELECOM METRIC INC.’S LIABILTY, IF ANY, FOR DAMAGES FOR ANY CAUSE WHATSOEVER, WILL BE NO MORE THAN THE RECURRING CHARGES PAID BY CLIENT FOR THE AFFECTED SERVICE FOR THE ONE MONTH PRECEDING THE EVENT ALLEGED TO HAVE CAUSED THE DAMAGES. CLIENT MUST INSTITUTE ANY LEGAL ACTION ARISING IN CONNECTION WITH THIS AGREEMENT WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ARISES OR AS OTHERWISE PROVIDED BY LAW. FOR THE PURPOSE OF THIS SECTION, “TELECOM METRIC INC.” INCLUDES ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND AFFILIATES. IN ADDITION TO ANY OTHER INDEMNITIES CONTAINED IN THIS AGREEMENT, CLIENT SHALL INDEMNIFY AND DEFEND TELECOM METRIC INC., ITS AFFILIATES, AND EACH OF THEIR SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, LICENSORS AND SUPPLIERS FROM AND AGAINST ALL REASONABLE CLAIMS, LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE LEGAL FEES, RESULTING FROM ANY ACTION, INACTION OR MATERIAL BREACH OF THIS AGEEMENT BY CLIENT. THE PROVISIONS OF THIS SECTION SHALL SURVIVE TERMINATION OR EXPIRATION OF THIS AGREEMENT.