Business Plus Communication Policy
Date of Last Revision: April 2016
There are important Emergency Services terms related to Your VoIP services, please review the entire terms. By activating our Services, You acknowledge that You have read, understood and agree to these terms and conditions.
If You are uncomfortable with the limitations of Business Plus's Emergency Services, You should consider using an alternative means of access to traditional Emergency Services or discontinuing the use of our Services.
Access to Emergency Calling Services
Business Plus provides access to emergency calling services, allowing most Business Plus users to access either basic 911 or Enhanced 911 (E911) service throughout the United States & Canada. Your access may differ depending on Your location or the device You are using, and emergency calling services work differently than You may have experienced using traditional wireline or wireless telephones. It is strongly recommended that You have an alternative means for placing emergency calls available at all times.
Business Plus users using IP Desk Phones or 911-Enabled Softphones can dial 911 directly from their IP Desk Phones or 911-Enabled Softphone. EMERGENCY CALLS CANNOT BE PLACED THROUGH SOFTPHONES THAT ARE NOT 911-ENABLED.
Calls to 911 placed through the Business Plus Mobile Service are automatically routed to the native Emergency Services on the mobile phone, and the call will be handled by the wireless service provider if wireless service is available. If Your wireless service is unavailable, the 911 call cannot be placed. The Business Plus Mobile Service cannot place emergency calls over Wi-Fi access.
How it Works
When a Business Plus user dials 911 on an IP Desk Phone or 911-Enabled Softphone, the Business Plus phone number and the Registered Address You have provided is sent to the local emergency center serving Your location. In some areas, emergency operators have access to this information; however, in areas where only basic 911 service is available, the emergency operator answering the call may not be able to see Your Business Plus telephone number or Your Registered Address. You should always be prepared to provide the emergency operator with Your Business Plus telephone number and Registered Address in case the call is dropped or disconnected. If You are unable to speak, the emergency operator may not be able to send help to Your location and/or call You back should the call be disconnected. Business Plus does not control whether or not the emergency operator receives Your telephone number and Registered Address.
Emergency dialing with our Service works differently than emergency dialing over traditional phone service. In some cases, 911 calls dialed from Your Business Plus device cannot be directed to the local emergency response center, and are instead directed to a National Emergency Call Center (the “NECC”). That might happen if there is a problem validating a Registered Address, if the Registered Address is an international location, or if the Registered Address is in an area that is not covered by the landline 911 network. 911 calls that are directed to the NECC may not include Your Business Plus telephone number or Your registered address. Trained operators at the NECC will request Your name, location, and telephone number and attempt to reach emergency responders in Your local area. Until You give the operator Your phone number, and location, he/she may not be able to call You back or dispatch help to Your location if the call is dropped or disconnected.
Business Plus 911 service will not function in the event of an Internet or power outage, if You do not have cellular service, or if Your broadband, ISP, or Business Plus service is terminated. The Business Plus Mobile Service cannot send emergency calls over Wi-Fi access. It is possible that network congestion may delay or prevent completion of a 911 call. Business Plus 911 service may not be available if You are dialing from a Business Plus number that is not a Canadian or United States number.
Registering your Location
You agree to register with Business Plus immediately upon activation of Your Account the address of the physical location where You will use the Business Plus Service, including each IP Desk Phone and each 911-Enabled Softphone. This is Your Registered Address. You agree that You will accurately register each individual line through the Account Admin Portal or the User Portal for the applicable End User.If You or Your End Users move a registered device, You agree to immediately update the Registered Address with the new physical location of the device with Business Plus through the Admin Portal or in Your account settings. You acknowledge that if You do not update the Registered Address, any 911 calls made from the device may be sent to the wrong emergency response center and will not transmit Your current location information to emergency responders, delaying emergency assistance to You. It may take up to several hours for the address update to take effect. Customers with more than one line or extension are solely responsible for ensuring that an accurate and up-to-date Registered Address is maintained for each IP Desk Phone and each 911-Enabled Softphone, and that their End Users are aware of how the Registered Address can be changed.
In some areas, emergency operators are able to receive text messages sent to 911. Texts to 911 by Business Plus users relying on the Business Plus Mobile Service are automatically directed to the native dialer on the mobile phone, allowing You to send the text through the wireless service provider, if available. If wireless service is unavailable, the text cannot be sent. Text-to-911 is not available on tablets or other devices without a native phone dialer and a wireless service subscription.
Notification of Employees, Guests, or Other Users
You agree to notify any employees, contractors, guests, or persons who may place calls using our Services or may be present at the physical location where our Services may be used, of the limitations of Business Plus Emergency Services from Your Business Plus IP phone, other equipment or the Business Plus Softphone. You agree to affix a warning that 911 services may be limited or unavailable in a readily visible place on each piece of equipment that might be used to access or use our Services. You and Your End Users should always have an alternative means for placing 911 calls and/or sending text messages to 911.
Disclaimer of Liability for Emergency Call Response
You acknowledge and agree that Your use, and use by Your employees and/or guests or other third parties, of Business Plus’s Emergency Services and Text-to-911 Services are subject to the limitations described herein.
The availability of certain features, such as transmission of a Registered Address or Your Business Plus telephone number, depends on whether local emergency response centers support those features, and are factors outside of Business Plus’s control. Business Plus relies on third parties to assist us in routing 911 calls and text messages to local emergency response centers and to the NECC. Business Plus does not have control over local emergency response centers, the NECC, emergency responders, or other third parties. Business Plus disclaims all responsibility for the conduct of local emergency response centers, the NECC and all other third parties involved in the provision of emergency response services. Accordingly, to the extent permitted by applicable Law , You hereby release, discharge, and hold harmless Business Plus 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 911 call. You agree to indemnify and hold harmless Business Plus, and any third-party provider(s) from any and all third party claims, losses, damages, fines, or penalties arising out of: (i) Your provision to Business Plus of incorrect information, including physical addresses, or Your failure to update Your Registered Address; (ii) Your failure to properly notify any person who may place calls using our Services of the 911 limitations; or (iii) the absence, failure, or outage of emergency service dialing using our Services for any reason; and (iv) the inability of any user of our Services to be able to dial 911 or access emergency service personnel for any reason.
YOU ACKNOWLEDGE THAT OUR SERVICES ARE NOT DESIGNED, MANUFACTURED, INTENDED, OR RECOMMENDED FOR USE FOR ANY HIGH-RISK OR FAIL-SAFE PURPOSE OR ACTIVITY OR IN ANY ENVIRONMENT WHERE FAILURE, INTERRUPTION, MALFUNCTION, ERROR, OR UNAVAILABILITY COULD RESULT IN SUBSTANTIAL LIABILITY OR DAMAGES, PHYSICAL HARM OR PERSONAL INJURY, DEATH OR DISMEMBERMENT, OR PROPERTY OR ENVIRONMENTAL DAMAGE. YOU REPRESENT AND WARRANT THAT YOU AND YOUR END USERS WILL NOT USE THE PLAN SERVICES FOR ANY SUCH PURPOSE OR ACTIVITY OR IN ANY SUCH ENVIRONMENT.
Customer Legal Compliance
You represent and warrant that all use and usage of our Services will at all times comply with all applicable Laws, including but not limited to the rules, policies and regulation of the Federal Communications Commission (“FCC”), and all Laws relating to Do-Not-Call provisions; unsolicited marketing; telemarketing; faxing; telemarketing; email marketing; spamming or phishing; data security or privacy; international communications; account or debt collection; recording of calls or conversations; export control; export of technical or personal data; end user, end-use, and destination restrictions imposed by the United States or foreign governments; consumer protection; pornography; trade practices; false advertising; unfair competition; anti-discrimination; harassment; defamation; intellectual property; or securities.
Unsolicited Advertisements and TCPA Compliance
Certain communication practices – including without limitation, the placing of unsolicited calls; the placing of commercial messages; the sending of unsolicited facsimile, internet facsimile, SMS, or other messages; and the use of certain automated telephone equipment to place certain calls – is regulated in the United States by the Federal Telephone Consumer Protection Act of 1991 (also known as the “TCPA”) (available at http://www.fcc.gov/document/telephone-consumer-protection-act-1991), the Junk Fax Prevention Act of 2005, and under a number of similar state, municipal or local laws, regulations, codes, ordinances and rules.
You agree, represent and warrant that:
I. You are the creator of the content of, and are solely responsible for determining the destination(s) and recipient(s) of, all outbound communications made using our Services (“Customer Communication”);
II. All content, communications, files, information, data, and other content provided for transmission through our Services will be provided solely for lawful purposes, and in no event shall any Customer Communication or any content thereof be in violation of the TCPA, Junk Fax Prevention Act, or any other Law; and
III. No unsolicited advertisements, commercial messages, solicitations, marketing or promotional materials, or commercial messages or content will be transmitted or distributed in the form of facsimiles or internet facsimiles through our Services.
At Business Plus's sole option and without further notice, Business Plus may use technologies and procedures, including without limitation, filters, that may block or terminate such unsolicited advertisements without delivering them.
You agree to indemnify and hold harmless Business Plus, and any third-party provider(s) from any and all third party claims, losses, damages, fines, or penalties arising: (i) out of Your violation or alleged violation of the TCPA or Junk Fax Prevention Act or any similar regulation or legislation; or (ii) otherwise related to any voicemail, text, and/or fax spam, solicitations, or commercial messages that You may send and/or receive using our Services.
Recording Conversations or Calls
Certain features of our Services may allow You or users of our Services to record calls or other communications. The notification and consent requirements relating to the recording of calls, and/or other communications may vary from state to state, and country to country. You should consult with an attorney prior to recording any call as some states or countries may require callers or users to obtain the prior consent of all parties to a recorded call, or other communication before the caller or User may record the call, or other communication. You represent, covenant, and warrant that You will review all applicable Laws before You use or allow use of our Services to record any calls or other communications and will at all times comply with all applicable Laws. You agree to inform all users of Your Account that they are obligated to comply with all Laws relating to their use of the call recording feature.
Violations of the call recording Laws may be subject to criminal or civil penalties.
Business Plus expressly disclaims all liability with respect to Your recording of telephone conversations. You agree to indemnify and hold harmless Business Plus, and any third-party provider(s) from any and all third party claims, losses, damages, fines, or penalties arising out of Your violation or alleged violation of any call recording Laws. Business Plus expressly disclaims all liability and all warranties with respect to recording of conversations and/or calls.
Business Plus offers several monthly call plans for users. Each Membership Account provides You with a toll-free or local telephone number, and a local text messaging number, excluding Taxes, surcharges, and fees.
Metered Calling Plan
Each metered calling plan uses Credits to make and receive calls. However, in some limited instances, calls placed under a metered plan may not be counted against Your monthly allotment (e.g., calls made via a local phone number to leave or check voicemail or configure a system and calls made between other Business Plus users). Please check the details of Your metered plan to determine which calls (if any) are not counted against Your monthly minute allotment.
Unlimited Calling Plans
An unlimited plan provides You with a local or toll-free telephone number and is subject to the terms and restrictions of the Terms of Service. If, for any reason, Business Plus believes that Your usage of the unlimited plan and services violates the Terms of Service, then Business Plus may, in its sole discretion with or without notice, either terminate Your unlimited plan or immediately convert Your unlimited plan to a metered plan, as set forth above.
Business Plus may make available telephone, text messaging, and/or facsimile numbers for Your selection and assignment to Account(s). You acknowledge and agree that Business Plus’s listing of a number may be erroneous and does not constitute a representation or guarantee that such number is actually available for such assignment, and that Business Plus shall be authorized to remove such number from an Account in the event that it is not actually available.
Number Porting Policy
I. Federal Porting Law. Number porting is defined and regulated by the Federal Communications Commission. You may visit http://www.fcc.gov/cgb/NumberPortability to learn more about number porting.
II. Number Port-In Request Procedures. In order to request the porting of a telephone, text messaging, or facsimile number into an Account, the Account Administrator for the Account into which You wish the telephone, text messaging, or facsimile number to be ported must log in to the Admin Portal for such Account and complete all steps and provide all information requested as part of the number port-in request process (which may include without limitation providing an executed Letter of Authorization) or as otherwise requested by Business Plus. In addition, if You wish to port into an Account more than 100 telephone, text messagings, or facsimile numbers from the same third party service provider account, You must contact Business Plus Member Support and comply with their instructions.
III. The Number Porting Process. In order to request the porting out to another services provider of a telephone, text messaging, or facsimile number currently assigned to an Account, You must follow the instructions specified by that services provider and must provide all information and cooperation requested by the relevant other services providers, Business Plus, or any other relevant third party. You acknowledge and agree that: (i) the porting of telephone, text messaging, or facsimile numbers into or out of an Account requires Your provision of specific and detailed information to Business Plus and/or third parties (including without limitation other services providers) and completion of certain steps and procedures, as well as third parties’ completion of certain steps; and (ii) numbers may not be ported into or out of an Account unless and until You are able to provide certain specific information that matches other information on record with Business Plus or other services providers. For these and other reasons, the completion of any number port request and the timing of and date by which any such request may be completed depend on a number of factors outside of Business Plus’s control, including without limitation the acts and omissions of both You and third parties, including without limitation other services providers.
IV. Unauthorized Port Outs. You acknowledge and agree that telephone, text messaging, or facsimile numbers may be ported out from Your Account due to acts or omissions of third parties, and it may be difficult or impossible for Business Plus to: (i) prevent such port-outs: (ii) retrieve numbers ported-out of an Account; or (iii) port such numbers back into an Account. Business Plus has no responsibility or liability due to such port-outs.
V. Accurate Porting Information. You agree, represent and warrant that all information or representations provided in connection with any request to port in or port out numbers (including without limitation any information or representations in any Letter of Agency) by You, any User or End User, or any party acting on behalf of, at the direction or request of, or with the permission or knowledge of any of the foregoing shall be true, accurate, and up-to-date.
VI. Customer Compliance with Porting Laws. You acknowledge and agree that the porting of numbers is subject to telecommunications and other Laws and may be subject to third party terms and conditions. You agree, represent, and warrant that neither You; nor any User or End User; nor any party acting on behalf of, at the direction or request of, or with the permission or knowledge of any of the foregoing will at any time: (i) violate any applicable Law or engage in any fraudulent or deceptive conduct in its porting-related requests or activities; (ii) engage in or facilitate “slamming” or the porting out of any telephone, text messaging, or facsimile number or change or attempt to change any party’s telephony service provider without first obtaining the proper, requisite consents and authorizations; or (iii) violate contractual or other obligations to service providers or other third parties.
VII. Release of Numbers. You acknowledge that in the event of account termination or cancellation, all telephone numbers associated with Your Account, which have not previously been ported to another provider, may be released. Similarly, the cancellation of individual lines may result in the release of the related numbers if those numbers have not previously been ported to another provider. You acknowledge that You are solely responsible for working with a third-party provider to port out any numbers prior to termination or cancellation of Your Membership, or any individual line.
Number Publication by Customer
Neither You nor any End User may publicize, list, or communicate any number that You believe to be assigned to Your Account, or purchase or invest in any materials or media reflecting any such number unless and until You have verified that such number is active and functioning as desired, including without limitation by test calling such number from a non-Business Plus service and verifying that the fees and charges that will be incurred in connection with Use of such number are acceptable to You.
Requirements and Limitations
Caller ID Display Limitations and Compliance
You acknowledge and agree that the disclosure and/or display of information related to the origination of calls, messages, and other communications (including without limitation “Caller ID” information) may be subject to legal requirements, including without limitation those related to the accurate display of such information or the enforcement of certain privacy instructions, settings, etc. You agree to comply with all such applicable Laws and implementing regulations, including without limitation the Truth in Caller ID Act. Business Plus has no obligation to disclose, display, or transmit any such information for or in connection with any Customer Communication. You agree to indemnify and hold harmless Business Plus from any and all third party claims, losses, damages, fines, or penalties arising out Your breach of this Section.
Voice-to-Text and Text-to-Voice
You acknowledge and agree that: (i) any and all Voice/Text Features are provided merely as a convenience and may not accurately transcribe voice content, articulate text messages, or perform such functionality for all voice content or text messages or for the entirety of voice content or text messages; (ii) neither You nor any End User may rely on any Voice/Text Feature to perform such accurate transcription or articulation; and (iii) You and all End Users shall be responsible for reviewing and/or listening to the original content of any Customer Communication or other media as necessary or appropriate to prevent You, any End User, or any other party from incurring any cost, expense, liability, loss, damage, or harm.
IP Network Sufficiency
Excluding services provided through Business Plus Mobile Services, You acknowledge and agree that: (i) our Services require a properly-configured, high performance, enterprise-grade broadband IP network and connection; (ii) use of our Services with any lesser network, services, or connection may result in partial or complete unavailability, interruption, or underperformance of our Services or other services utilizing the same network, services, or connection; and (iii) non Business Plus 3G or 4G networks are not recommended for use with our Services. Accordingly, You agree to provide and maintain, at Your cost, an IP network, services, and connection meeting the foregoing standard and all equipment necessary for the Plan Services to connect to and use such network, services, and connection. Business Plus is not liable for any unavailability, interruption, or underperformance of the Plan Services related to Your IP network or connection.
Use of Third Party Devices
Business Plus does not guarantee or make any representation or warranty that any third party IP telephone or other device will work or be compatible with our Services or support our Services’ full performance or quality of service potential or range of features and functionalities.
Operator Assisted Calling, 311, 511 and other X11 Calling
Excluding services provided through Business Plus Mobile Services, Business Plus does not support 0+ or operator assisted calling (including, without limitation, collect calls, third party billing calls, 900, or calling card calls). Your plan may not support 211, 311, 411, 511, and/or other N11 calling (except as otherwise provided in these Terms of Service) in one or more service areas.
Business Plus will revise or update this Policy if our practices change or as we change existing services, add new services, or develop better ways to inform you of services we think will interest you. If we make any material changes, we will notify you by email (sent to the e-mail address specified in your account) or by means of a notice on this website prior to the change becoming effective. You should refer back to this page for the latest information and the effective date of any changes.
Business Plus regularly reviews its compliance with this Communication Policy. Please contact us with any questions or concerns regarding this Communication Policy. When we receive formal written complaints, it is Business Plus’s policy to contact the complaining user regarding his or her concerns.
For information about how to contact Business Plus, please visit our contact page.