Common use of Telephony Clause in Contracts

Telephony. 3.1. Supplier may change any telephone numbers allocated to the Customer after giving reasonable notice to the Customer where such change is necessary in order for Supplier to comply with a law or regulation or for operational reasons. 3.2. Where the Customer uses any caller line identification (“CLI”) functionality as part of the Connectivity Services, the Customer shall ensure: (a) the number requested for use as a presentation number (“PN”) is either allocated to the Customer and the Customer does not require the permission of anyone else in relation to that number or the requested PN is not allocated to the Customer but consent from the allocated owner for its use as a PN has been obtained and has not been withdrawn; (b) the PN connects when dialled; (c) the PN is not connecting to a revenue sharing number that generates excessive or unexpected call charges; and (d) any presentation of either PNs or network numbers (“NNs”) complies in all respects with all regulatory requirements and guidelines in all territories and jurisdictions globally and both PNs and NNs are generated in accordance with the relevant technical standards including but not limited to NICC Standard ND1016 and any subsequent revisions thereof. 3.3. The Customer agrees to indemnify and hold Supplier harmless in respect of any costs, charges, damages, losses, expenses or other liability incurred by Supplier as a result of any breach by the Customer or failure to comply with the provisions of paragraph 3.2. 3.4. Customer acknowledge that use of telephony services may be governed by various regulatory requirements and Customer warrants that: (a) it will comply with all laws and regulatory requirements in relation to the use of the Service; (b) obtain a licence under the PRS licence requirements where required for any audio that is used in conjunction with the Service, and Customer indemnifies Supplier against any claim arising from its use of Customer’s own audio; (c) it will not play ringing sounds to a caller once the call has been connected without playing audio that lets the caller know the call has been connected and is being charged for; and (d) where Customer uses any dialler facility, Customer will comply with all Ofcom (or other non-UK regulator) regulations relating to dialler services. 3.5. In respect of cloud telephony, the Customer acknowledges that: (a) the Services may not offer all the features, quality or resilience the Customer may expect from a conventional phone line; (b) the Services may sometimes be limited, unavailable or disrupted due to events beyond Supplier’s control e.g. power disruptions, failures or the quality of any connection; (c) the bandwidth allocated to the cloud telephony service should only be used for making and receiving cloud telephony calls, and where the Customer shares the bandwidth for any other purpose, it is likely that the quality and availability of the cloud telephony services shall be materially reduced; and (d) unless expressly set out in the Order, cloud telephony Services (VoIP) do not provide the facility to make 999, 112 (or any other) emergency service calls. Customer must ensure Customer has alternative facilities to make emergency calls and that end users are aware of how to make an emergency call. Supplier does not accept any liability for damages and claims arising from the (i) failure of an emergency call being made as the result of the Services not being available at the Customer’s Premises, (ii) failure to identify the location from where the emergency call is made; or (iii) failure by Customer to comply with the relevant local and/or national regulations and/or guidance related to proving access to emergency organisations. Where emergency service calls are possible, these are dependent on mains power, internet connectivity, and the Customer providing the then-current location of the caller.