Emergency Services – 911 Dialing Terms

NICE CXone 911 Services. Customer’s use of the Cloud Services during the Subscription Term may include a feature to be provided in connection with the CXone ACD/IVR Voice over Internet Protocol (“VoIP”) to users based in the United States, which enables the Cloud Services to interconnect with the Public Switched Telephone Network (“PSTN”) in the United States as a 911 feature (“911 Service”), subject to the terms and conditions below: 

SERVICE LIMITATIONS

THE 911 SERVICE DOES NOT HAVE THE SAME FUNCTIONALITY OR AVAILABILITY AS TRADITIONAL WIRELINE ACCESS TO EMERGENCY SERVICES. THE 911 SERVICE’S FEATURES AND FUNCTIONALITY CAN BE IMPACTED BY ISSUES OUTSIDE EITHER PARTY’S CONTROL, SUCH AS INTERNET AND POWER OUTAGES. CUSTOMER UNDERSTANDS THAT HAVING BACKUP 911 CONNECTIVITY IS BENEFICIAL TO BEING ABLE TO CONTACT EMERGENCY SERVICES. CUSTOMER IS SOLELY RESPONSIBLE FOR NOTIFYING ALL USERS, AND OTHER RELEVANT INDIVIDUALS AT CUSTOMER’S LOCATIONS UTILIZING THE CLOUD SERVICES, OF THE PRIMARY METHOD OF CONTACTING EMERGENCY SERVICES, INCLUDING PROVIDING APPROPRIATE TRAINING AND VISUAL REMINDERS (E.G., EQUIPMENT STICKERS, WARNING POSTERS, ROUTINE REQUEST TO UPDATE EMAILS). ADDITIONALLY, CUSTOMER AUTHORIZES NICE AND ITS AFFILIATES TO DISCLOSE ANY CALL DATA OR OTHER INFORMATION TO THIRD PARTY EMERGENCY SERVICE PROVIDERS, INCLUDING, WITHOUT LIMITATION, CALL ROUTERS, CALL CENTERS, AND PSAP FOR THE PURPOSE OF DELIVERING THE 911 SERVICE. CALLS PLACED TO EMERGENCY SERVICES USING THE 911 SERVICE WILL INCUR A CHARGE OF SEVENTY-FIVE DOLLARS ($75) PER CALL, WHICH SHALL BE INVOICED MONTHLY IN ARREARS.

DISCLAIMER OF LIABILITY

EXCEPT FOR THOSE MATTERS WHICH MAY NOT BE DISCLAIMED AS A MATTER OF APPLICABLE LAW, NICE DISCLAIMS ANY AND ALL LIABILITY ARISING OUT OF USERS, OR ANY THIRD PARTY’S INABILITY TO CONTACT 911, OR ANY OTHER EMERGENCY TELEPHONE NUMBER, OR TO ACCESS AN EMERGENCY SERVICE OPERATOR, OR OBTAIN EMERGENCY SERVICES UTILIZING THE 911 SERVICE, INCLUDING DUE TO ERRORS OR DISRUPTIONS CAUSED BY ANY OF THE FOLLOWING: THE INTERNET; POWER OR ELECRICAL FAILURES; FAILURE BY CUSTOMER OR USERS TO ACTIVATE THE 911 SERVICE; IMPROPER, OUT-OF-DATE, INCOMPLETE, OR OTHER INACCURATE DATA PROVIDED BY CUSTOMER OR USERS, CUSTOMER DEVICES, CARRIERS, OR IN THE CALL DETAIL RECORD; HARDWARE, SOFTWARE, INFRASTRUCTURE, UTILITIES, INSTALLATION, CONFIGURATION, OR TRANSMISSION FAILURES OUTSIDE THE CONTROL OF NICE; AND ANY ACTS OR OMISSIONS ON THE PART OF THE EMERGENCY SERVICE.

INDEMNIFICATION

CUSTOMER AGREES TO RELEASE, INDEMNIFY, DEFEND, AND HOLD HARMLESS NICE AND ITS AFFILIATES, AND EACH OF THEIR OFFICERS, DIRECTORS, STOCKHOLDERS, EMPLOYEES, REPRESENTATIVES OR AGENTS FROM ANY AND ALL CLAIMS, DAMAGES, LOSSES, SUITS OR ACTIONS, FINES, PENALTIES, COST AND EXPENSES (INCLUDING, BUT NOT LIMITED TO, REASONABLE ATTORNEYS’ FEES) WHETHER SUFFERED, MADE, INSTITUTED OR ASSERTED BY CUSTOMEROR BY ANY THIRD PARTY OR PERSON OR FOR THE DISCLOSURE OF PERSONAL INFORMATION OF ANY PERSON OR PERSONS TO THIRD PARTY EMERGENCY SERVICE PROVIDERS OR TO CUSTOMER FOR THE PURPOSE OF DELIVERING THE 911 SERVICE, CAUSED OR CLAIMED TO HAVE BEEN CAUSED, DIRECTLY OR INDIRECTLY, BY THE OPERATION, FAILURE OR OUTAGE, INCORRECT ROUTING, OR USE OF, OR INABILITY OF A PERSON TO USE, THE 911 SERVICE OR ACCESS EMERGENCY SERVICES.