Version: November 17, 2022
1. There are a number of differences between the 911 or enhanced 911 (e911) access capabilities available with Yardi Kube Voice as compared to the 911/e911 access capability available with traditional telephone service. Client is advised to carefully read this e911 Notice and Disclosure Addendum (“Addendum”) to understand how these differences affect Client’s ability to access e911 services. If Client has any questions or concerns about the information contained in this notice, Client is advised to contact Yardi’s Client Care Center at (877) 986-2801.
Client must ensure that all users of the Service under Client’s account are familiar with the limitations disclosed in this Addendum and the requirements for using the Services for e911 calls. Yardi highly recommends that Client distribute a memo to all of its users explaining the 911 policy and how to update the users’ location; provided that Client may choose any method of informing its users that is clear and conspicuous.
2. Capitalized terms not defined in this Addendum will have the meanings attributed to them in the SaaS Subscription Agreement (the “Agreement”).
3. All telephone handsets will initially be registered to the locations (the “Registered Address” or “Registered Location”) that Client designates. Thus, if Client or the user of any handset dials 911, the emergency services will dispatch to the Registered Address for that device. Conversely, if Client or a user removes the phone from the previously-Registered Location and takes the phone home, the phone will still be registered to the previous address unless the Registered Location is updated by the Client in the WUN Kube portal. For example, if a user dials 911 from the user’s home on the Yardi Kube Voice handset, and the Registered Location has not been updated, the emergency services will dispatch to the previously-Registered Address and will not dispatch to the user’s home.
In order to ensure that accurate location information is provided to emergency services, Client must (a) ensure that it provides accurate location information for each device sufficient to allow first responders to locate the caller, including street address, suite/apartment/unit number, and, if applicable, floor and/or building quadrant; (b) update, and require its users to notify it to update, the Registered Location associated with any device that is moved from its original location, in the WUN Kube portal ; and (c) inform all users of the Service, in writing and in a clear and conspicuous manner, of the policies and limitations affecting e911 service set forth herein. Yardi Kube Voice is not responsible to for updating or maintaining the e911 records in its system. The Client is fully responsible for ensuring that it keeps the e911 location records of each of its users updated at all times.
If Client is purchasing multiple seats or lines of voice service, Client must also designate a central person or location, which may be on Client’s premises or off-site, that will receive notice when a 911 call is placed using one of Client’s Yardi Kube Voice devices.
4. Differences between Yardi Kube Voice e911 and traditional 911/e911 services include:
a. YARDI KUBE VOICE E911 SERVICES MAY NOT OPERATE DURING A POWER OUTAGE. In the event of a power outage lasting longer than the capacity of Client’s UPS, the system will lose power causing loss of voice and data Service, including access to E911 services. Once power service is restored, Client may be required to reset or reconfigure its equipment before being able to use Yardi Kube Voice to contact e911 services. Client is responsible for providing a sufficient uninterruptible backup power supply if it wishes to ensure continued operation of electrical equipment in the event of a power outage.
b. YARDI KUBE VOICE E911 SERVICES WILL NOT OPERATE IF A BROADBAND CONNECTION IS DISRUPTED OR YARDI KUBE VOICE SERVICE HAS BEEN SUSPENDED FOR ANY REASON, INCLUDING, FOR EXAMPLE, NON- PAYMENT. Once Client’s broadband connection and Yardi Kube Voice have been restored, Client may be required to reset or reconfigure its equipment before being able to use Yardi Kube Voice service to contact e911 services.
c. CLIENT MUST PROVIDE YARDI WITH ITS CORRECT SERVICE ADDRESS OR YARDI KUBE VOICE E911 SERVICES CALLS MAY BE ROUTED TO EMERGENCY PERSONNEL WHO WILL NOT BE ABLE TO ASSIST. If Client notices that the service address information identified in the Proposal or Client’s bill or invoice is inaccurate, Client can make corrections by calling Yardi’s Kube Client Care Center at (877) 986-2801.
d. YARDI KUBE VOICE E911 SERVICES CALLS MAY NOT COMPLETE OR MAY BE ROUTED TO EMERGENCY PERSONNEL WHO WILL NOT BE ABLE TO ASSIST IF CLIENT DISABLES, DAMAGES OR MOVES THE YARDI KUBE VOICE EQUIPMENT TO A LOCATION OTHER THAN THE SERVICE ADDRESS PROVIDED TO YARDI WHEN SERVICE WAS INITIATED. If Client wishes to move to a new service address or report damage to Yardi Kube Voice equipment, Client is advised to call a sales representative or Yardi’s Client Care Center at (877) 986-2801.
e. YARDI KUBE VOICE E911 SERVICES CALLS MAY BE DELAYED OR DROPPED DUE TO NETWORK INSTABILITY. Due to network congestion or problems, calls to E911 services made using Yardi Kube Voice may be dropped, in which case the user will not be connected to emergency services, or e911 calls may take longer to connect than e911 calls made using traditional telephone service.
f. EMERGENCY PERSONNEL MAY NOT BE EQUIPPED TO RECEIVE E911 CALLS. The local emergency call taker receiving the 911 call may not have a system configured for e911 services or be able to capture and/or retain number or location information. Therefore, the emergency call taker may not know the phone number or physical location of the user making the 911 call which may delay or prevent emergency services. Due to technical factors in network design and in the event of network congestion there is a possibility that a 911 call will produce a busy signal, will experience unexpected answering wait times and/or take longer to answer than 911 calls placed via traditional, wireline 911 services.
g. FAILURES OF EQUIPMENT OR NETWORKS MAY CAUSE 911 CALLING TO BE DELAYED OR UNAVAILABLE. E911 services may be unavailable, delayed or unable to function properly in the event of failure of the user’s broadband, VoIP or other hardware; failure of the user’s broadband, VoIP or other software (including without limitation soft phones); improperly installed or configured user broadband, VoIP or other hardware; or improperly installed or configured user broadband, VoIP or other software (including without limitation soft phones). The e911 service relies on third party networks to complete e911 calls, and Yardi has no control over the functioning of such networks.
5. 911/E911 LIMITATION OF LIABILITY/INDEMNITY. TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, YARDI AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, SUPPLIERS, AND RESELLERS (“911/E911 INDEMNIFIED PARTIES”) WILL HAVE NO LIABILITY TO CLIENT, ITS USERS, OR ANY THIRD PARTY, AND CLIENT WAIVES ALL CLAIMS AND CAUSES OF ACTION, ARISING OUT OF OR RELATED TO CLIENT, ITS USERS, OR ANY THIRD PARTY’S INABILITY TO DIAL 911 OR ANY OTHER EMERGENCY TELEPHONE NUMBER OR TO ACCESS AN EMERGENCY SERVICE OPERATOR OR EMERGENCY SERVICES, OR FOR DISCLOSING OR MAKING AVAILABLE LOCATION, TELEPHONE NUMBER OR ANY OTHER PERSONALLY-IDENTIFYING INFORMATION CONCERNING CLIENT OR ANY USER OF YARDI KUBE VOICE SERVICE TO EMERGENCY SERVICE OPERATORS OR CALL TAKERS, OR TO THIRD PARTY PROVIDERS AS NECESSARY TO COMPLETE CLIENT’S OR SUCH USER’S 911 CALL.
CLIENT HEREBY RELEASES AND AGREES TO INDEMNIFY, DEFEND, AND HOLD HARMLESS THE 911/E911 INDEMNIFIED PARTIES FROM ANY AND ALL CLAIMS, LIABILITY, DAMAGES, LOSSES, EXPENSES, AND/OR COSTS (INCLUDING BUT NOT LIMITED TO ATTORNEYS FEES AND COST OF SUIT) BY OR ON BEHALF OF CLIENT, ITS USERS OR ANY THIRD PARTY OR USER ARISING FROM OR RELATED TO THE FAILURE OF 911/E911 TO FUNCTION OR FUNCTION PROPERLY, YARDI’S PROVISION OF 911/E911 SERVICES OR FAILURE TO PROVIDE ACCESS TO 911/E911 SERVICES, AND/OR YARDI’S DISCLOSURE OF INFORMATION IN CONNECTION WITH THE COMPLETION OF ANY 911/E99 CALL.
6. By signing off on the Agreement, Client represents and warrants that it: (1) has read and understood this e911 Notice and Disclosure Addendum; (2) understands that in certain situations Client may not be able to contact emergency services by dialing 9-1-1 using Yardi Kube Voice; and (3) understands that Client must inform users of Yardi Kube Voice that in certain situations users may not be able to contact emergency services by dialing 9-1-1 using Yardi Kube Voice.