Customer Agreement

Last Updated: May 28, 2026

THIS CUSTOMER AGREEMENT (the “Agreement”) is effective as of the last date signed below (“Effective Date”) by and between Instructional Telecommunications Foundation, Inc. d/b/a Mission Telecom (“Mission Telecom”), and organization name (the “Customer”) and is effective as of the date accepted or when payment is first made, whichever is earlier (the “Effective Date”). Mission Telecom and Customer are collectively referred to in this Agreement as the “Parties,” and individually as a “Party.” This Agreement consists of the following terms and conditions and any exhibits, addenda, and Orders, as well as other documents incorporated by reference as expressly specified herein, including but not limited to the Mission Telecom Terms and Conditions. You may be accessing the Services (defined below) on behalf of an organization that has been approved by Mission Telecom, in which case, “Customer” shall mean that organization. YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT; (B) REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, POWER, AND AUTHORITY TO ENTER INTO THIS AGREEMENT AND, IF ENTERING INTO THIS AGREEMENT ON BEHALF OF A CUSTOMER, THAT YOU HAVE THE LEGAL AUTHORITY TO BIND THAT CUSTOMER; AND (C) ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS.

1 Definitions.
1.1 “Applicable Law” means all U.S. laws, rules, and regulations that are applicable to a Party’s obligations under this Agreement.
1.2 “Applicable Privacy Law” means all Applicable Law(s) governing privacy or the protection of Personal Data.
1.3 “CPNI” means Customer Proprietary Network Information as defined in Section 222(h)(1) of the Communications Act of 1934, as amended, 47 U.S.C. Section 222(h)(1).
1.4 “Device” means any phone handset, tablet, SIM card, or other equipment provided or sold to a Customer or User by Mission Telecom or that a Customer or User activates or use with our Services or any device used to access the Services.
1.5 “Order” means a written (including electronic) order, submitted and confirmed by Customer’s authorized representative and accepted by Mission Telecom, that identifies the Services and Devices purchased by Customer, and associated commercial terms, including price and quantity, mutually agreed between the parties (electronically).
1.6 “Personal Data” means data provided by or on behalf of Customer to Mission Telecom, or obtained by Mission Telecom through Customer's use of the Services, that is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with an identified or identifiable individual, household, device, or T-Mobile account, and/or that is ‘personal information,’ ‘personal data,’ or analogous variations of such terms under Applicable Privacy Laws, including without limitation CPNI.
1.7 “Services” means voice telephony (“talk”), text messaging (“text”), broadband Internet access services (“data”), and any other services provided by Mission Telecom to Customer.
1.8 “User(s)” mean those individuals who use or receive Services or Devices under Customer’s account with Mission Telecom.

2 Services. Subject to Customer’s compliance with the terms of this Agreement, including the payment of all fees due, Mission Telecom grants to Customer a limited, non-exclusive, non-transferable license to access and use those certain products, Devices (defined below), software, network, and other services (collectively, the “Services”) solely for Customer’s business use, and the use of Customer’s users (“Users”) as further set forth in this Agreement.

3 Term. Customer may be granted access to and use of the Services under certain payment terms and for a certain term period (the “Term Period”) as set forth in the Invoice. During the Term Period, Mission Telcom grants Customer a license to the Services, pursuant to the same license as set forth in Section 1. After the Term Period, this Agreement and the Services shall terminate, unless extended or altered by either of the parties.

4 Eligibility. To be eligible for the Services, Customer must be a non-profit or educational organization located in the United States. Customer agrees to provide proof of eligibility, such as an IRS Form W-9, or other documentation reasonably requested by Mission Telecom.

5 Underlying Carriers. Customer understands and agrees that Mission Telcom may rely on third-party mobile network carriers (each an “Underlying Carrier” or “Carrier”) to provide the Services. Mission Telecom shall be free to modify or change Underlying Carriers, at any time, for any reason or no reason whatsoever. MISSION TELECOM MAKES NO REPRESENTATIONS REGARDING ANY SUCH CARRIER’S NETWORKS, INCLUDING THE ACCURACY, AVAILABILITY, USABILITY, SECURITY, AND RELIABILITY THEREOF.

6 Privacy.
6.1 Protection of Personal Data. Mission Telecom receives limited Personal Data to manage the Customer’s account, such as contact information about Customer’s authorized representatives. While providing the Services, Mission Telecom and its Underlying Carrier generate CPNI and CPNI, and other important non-CPNI information related to the use of the Services. Customer acknowledges and agrees that with respect to Personal Data, Mission Telecom is acting as a “Business” or “Controller” (as defined by Applicable Privacy Laws) or in an equivalent capacity. Mission Telecom will only collect, use, disclose, or otherwise process Personal Data, and Mission Telecom will protect the security, integrity, and confidentiality of Personal Data, in accordance with its privacy policy at https://missiontelecom.org/legal/privacy-policy, as amended from time to time and Applicable Privacy Laws.
6.2 Customer Disclosures and Consents. In accordance with Applicable Privacy Laws, Customer represents and warrants that, for Personal Data about Users or authorized representatives shared with or received from Mission Telecom , Customer: (a) has obtained consent and/or authorization from each such User and authorized representative to share or receive Personal Data, (b) will promptly notify Mission Telecom of any User’s or authorized representative’s withdrawal of such consent or authorization, and (c) has previously provided all notices and disclosures to each such User and authorized representative.
6.3 Mission Telecom’s Disclosures of Personal Data to Users and Authorized Representatives. In jurisdictions where a User or authorized representative has a right to request that Mission Telecom provide the Personal Data that Mission Telecom maintains about them, Customer agrees to assist Mission Telecom to verify the identity of the User or authorized representative, in accordance with Applicable Privacy Laws, and to take any other action reasonably necessary to comply with such Applicable Privacy Laws.

7 Intellectual Property.
7.1 All right, title and interest in the Services will remain with Mission Telecom.
7.2 Customer hereby grants Mission Telecom a limited license to use Customer’s name, brands, logos and similar information in connection with promoting Mission Telecom’s services and solely to identify Customer.

8 Support Services. Mission Telecom is committed to offering a world-class customer experience. Mission Telecom offers each Customer an onboarding session to outline the support process. Except for technical support that Mission Telecom may elect to provide after consultation with the Customer, technical support requests will be routed to and are the responsibility of the Underlying Carrier (collectively, the “Support Services”). Except as expressly set forth in this Agreement, Mission Telecom shall have no obligations with respect to the Services. Customer is responsible for handling all billing, payment, collection, disputes and administrative matters related to Users.

9 Customer Obligations.
9.1 Customer agrees that Services are the sole property of Mission Telecom and includes valuable trade secrets of Mission Telecom, and agrees to treat the Services as confidential. Customer will not without the express written authorization of Mission Telecom: (a) Demonstrate, copy, sell or market Services to any third party; (b) Share or give persons outside Customer’s organization access or use to the Services; (c) Publish or otherwise disclose information relating to performance or quality of the Services to any third party; or (d) Modify, reuse, disassemble, decompile, reverse engineer or otherwise translate Services or any portion thereof.
9.2 To the extent Customer provides their own devices or equipment (the “Customer-Owned Devices”), Customer shall be responsible for obtaining and purchasing any additional equipment or devices and doing all other things necessary in order to use the Services. Mission Telecom may provide compatibility requirements, and Customer is responsible for validating that such Customer-Owned Devices are compatible. CUSTOMER IS RESPONSIBLE FOR ENSURING THAT ALL CUSTOMER-OWNED DEVICES AND ANY ASSOCIATED COMPONENT THEREOF MEET MISSION TELECOM REQUIREMENTS FOUND AT https://www.t-mobile.com/resources/bring-your-own-phone.
9.3 Customer shall promptly notify Mission Telecom of any loss, theft, security incident, unauthorized use or access, or any misuse of the Services, the Devices, or the Customer-Owned Devices, that Customer becomes aware of, by contacting Mission Telecom at service@missiontelecom.org.
9.4 Obligations With Respect to Users. Once the status of a User changes so that the person is no longer a User, Customer is responsible for making sure that the person no longer accesses the Services. Customer is responsible to Mission Telecom for the conduct of Users as if such conduct was Customer’s own, and Customer shall notify Mission Telecom immediately of any unauthorized use of the Services or a suspected security breach by a User.
9.5 Application of Terms and Conditions and Pass-Through to Users. Customer agrees and acknowledges that the Terms and Conditions as made available at https://missiontelecom.org/legal/terms-conditions/ (“Terms and Conditions”) form part of this Agreement and are incorporated herein by reference. As a condition of this Agreement and Customer’s use of the Services, Customer must legally bind all Users to terms and conditions no less restrictive than the Terms and Conditions prior to the User’s use of the Services
9.6 Customer acknowledges and agrees that the Services may offer Customer with the ability to control and implement technology protection measures to manage access to the Internet, including filtering and content blocking mechanisms (the “Filters”). Customer shall be solely responsible for the operation, management, and maintenance of Filters and, the enforcement and application of Filters. Customer is solely responsible for supervising Filters, and establishing expectations for access to the Internet and Internet-based content. Mission Telecom is not responsible for any usage or access to the Internet by Customer, or Customer’s users.

10 Payments, Returns, and Refunds. Customer agrees to pay the fees set forth in the applicable Invoice, or as agreed to by Customer and Mission Telecom in writing. Customer will pay all undisputed amounts as set forth in the Invoice and must notify Mission Telecom in writing of any good faith dispute within 30 days of the due date set forth in the Invoice. Mission Telecom reserves the right to charge a late fee on amounts unpaid 30 days after the due date. Customer shall be entitled to a refund of certain fees only within thirty (30) days of the due date. After such thirty-day period, Customer is obligated to make all payments or shall not be eligible for any refunds for any pre-paid amounts. If a Device (except for any Customer-Owned Devices) is defective, malfunctioning, or otherwise damaged, the Device shall be subject to the applicable Device warranty and/or returns. Customer shall be responsible for all applicable taxes, duties, fees, surcharges, account set-up fees or other costs payable in connection with the Services or otherwise incurred by Mission Telecom (including Device shipping costs), except to the extent Customer can show with documentation satisfactory to Mission Telecom that Customer (or the User, as the case may be) is legally exempt from such taxes or fees. The taxes, fees and other charges detailed above may vary on a monthly basis. Mission Telecom is not required to provide advance notice thereof except as required by law. Surcharges and recovery fees are not taxes and are not required by law, but are set by Mission Telecom and may change. Customer also agrees to pay any additional charges or fees applied to its account, including interest and charges due to insufficient credit or insufficient funds.

11 Additional Terms and Conditions. Customer acknowledges and agrees that Customer may be presented with additional agreements, terms, or provisions relating to the Software upon installation or deployment, or upon log in to or other use of, the Services (e.g., shrink wrap or click wrap terms). Such additional terms and conditions shall form part of this Agreement. Customer also acknowledges and agrees that their use of the Services may be subject to terms and conditions and privacy policy for Carrier’s and services providers, including: T-Mobile’s Open Internet Disclosures;  T-Mobile Terms and Conditions; Kajeet Privacy Policy;  Kajeet Terms of Use.

12 Services Limitations & Restrictions
12.1 Availability. The Services are not available in all locations and Customer and Users will only be able to access the Services within the operating range of the Carrier’s network, which may change from time in the sole discretion of the Carrier. The Services may be disrupted or unavailable from time to time due to maintenance, emergencies, inclement weather or other factors outside of Mission Telecom’s control. The Services and Devices may not function in the event of a power failure or disruption, and Customer and Users may be required to reset or reconfigure their modem or other hardware in order to use the Services thereafter. Neither Mission Telecom nor Carrier assume any liability hereunder with regard to any failure or lack of performance of the Service for any reason whatsoever.
12.2 Service Quality and Maintenance. The speed and bandwidth available to each computer or device accessing the Services may vary for a variety of reasons. The Carrier reserves the right to engage in reasonable network management. In addition, the Carrier will perform maintenance on the Services, which may include planned or unplanned interruptions of the Services. Customer acknowledges and agrees that Mission Telecom shall not be responsible for any losses or damages suffered by Customer or Users as a result of any Services interruptions. Customer acknowledges that the Services may not be available in all areas, and even within coverage areas service availability, quality, signal strength and network speeds may vary, be lower than advertised or be insufficient for use of the Services. No credit or adjustment will be made for interruptions or degradations of the Services except as agreed by Mission Telecom in its discretion or as required by applicable law.

13 WARRANTIES, LIABILITIES, AND INDEMNIFICATION
13.1 Warranty Disclaimer
Mission Telecom makes no representations or warranties, express or implied, including without limitation, any implied warranty of merchantability, suitability, non-infringement, or fitness for a particular purpose, or performance to you or any other person or entity in connection with, arising out of, or relating to the Services or Devices, to the fullest extent permitted by law. We do not authorize anyone to make warranties on our behalf. We do not guarantee uninterrupted or error-free Services, wireless coverage, or particular service speeds or quality of service. We also do not guarantee that your communications will be private or secure; it is illegal for unauthorized people to intercept your communications, but such interceptions can occur. You should implement appropriate safeguards to secure your Device and any other equipment you may use with the Services. We do not manufacture any Devices or equipment that are used with our Services and are not responsible for any defects, acts, or omissions of the manufacturers, including any warranty, patent, or licensing obligations. Notwithstanding the foregoing, the manufacturer of your Device may provide you with a warranty.
13.2 Limitation of Liabilities.
To the fullest extent permitted by law, you agree that Mission Telecom and all parents, subsidiaries, affiliates and their past, present, and future officers, directors, employees, agents, representatives, partners, licensors, successors, and assigns shall not be liable, whether or not due to our or their negligence, for any:
a) act, omission, or error by you or a third party, including third-party service providers or vendors;
b) charges for any products or services provided by third parties and accessed through or for use with our Services;
c) claims against you by third parties;
d) mistake, omission, interruption, outage, error, failure, delay, defect, or limitation in the provision of Services;
e) deficiencies or problems with a Device or network coverage (e.g., dropped, blocked, interrupted Services, etc.);
f) damage, injury, or loss caused by or arising out of your use of the Services, including traffic or other accidents and health-related risks or issues, or our suspension or termination of the Services;
g) damage, injury, or loss caused by any interruption, failure, or delay in accessing or attempting to access emergency services from a Device or using the Services, including 911 services;
h) interrupted, failed, or inaccurate location services;
i) quality, appropriateness, accuracy, or suitability of any content, information, or applications you may access while using the Service;
j) information or communications that are blocked by a spam filter or that we otherwise restrict or block consistent with this Agreement;
k) damage, harm, or loss that may result from your communications being intercepted;
l) unauthorized access to your account caused by your actions or that circumvent our reasonable security measures;
m) unauthorized access to your Device;
n) changes in operation, equipment, or technology that cause your Device or software to be rendered obsolete or require modification;
o) damage to or loss of any information or data stored on your Device or any other
equipment you use with the Services (including when we service your Device);
p) loss or disclosure of sensitive information you transmit when using the Services
(including any damage, loss, harm, or disclosure that results from malware);
q) default, delay, damage, or harm due to factors beyond our control (i.e., force majeure events, as described in Section 10.7; or
r) unauthorized or disputed charges for Mission Telecom services that appeared more than 15 days earlier on your online account statement and which you did not properly dispute within 15 days after the charge was posted to your account (no fiduciary or other special relationship exists between you and Mission Telecom by virtue of this Agreement or your use of Mission Telecom Devices and Services.
To the fullest extent permitted by law, Mission Telecom shall not be liable for any indirect, special, punitive, incidental, exemplary, or consequential losses or damages you or any third party may suffer by use of or inability to use your Device or the Services, including loss of business or goodwill, loss of revenue or profits, property damage, costs for replacing products and services, or claims of personal injuries. To the fullest extent permitted by law, our liability for monetary damages for any claims you may have against us shall not exceed the total amount of charges paid for the applicable products or services. The above limitations of liability will apply regardless of the theory of liability, including fraud, misrepresentation, breach of contract, personal injury, negligence, or product liability.
13.3 Indemnification.
To the fullest extent permitted by law, you agree to defend, release, indemnify, and hold harmless Mission Telecom and parents, subsidiaries, affiliates and their past, present, and future officers, directors, employees, agents, representatives, partners, licensors, successors, and assigns from and against any and all losses, claims, liabilities, injuries, costs, penalties, damages, settlements, and expenses (including taxes, fees, fines, penalties, interest, expenses, and attorneys’ fees) arising out of or relating to, directly or indirectly, your or any other person’s use of a Device or the Services, whether based in contract or tort (including strict liability) and regardless of the form of action; your acts or omissions, including your breach or violation of this Agreement, other Mission Telecom policies, or any applicable statutes, ordinances, laws or regulations of any federal, state, or local authority; and claims arising in whole or in part from the alleged negligence of Mission Telecom. If we reasonably determine that a claim might adversely affect Mission Telecom, you will use counsel reasonably satisfactory to us to defend each claim, you will not consent to the entry of a judgment or settle a claim without our prior written consent, and we may take control of the defense at our expense (and without limiting your indemnification obligations). This obligation shall survive termination of your Services with Mission Telecom.

14 Publicity. Customer may use or refer to the name, trademarks or logos of Mission Telecom in any advertisement, publication or other media with Mission Telecom’s prior written consent. Customer permits Mission Telecom to use or refer to Customer’s name, trademarks or logos in any advertisement, publication or other media solely to promote Mission Telcom’s services. Customer may withdraw the foregoing permission by providing written notice to Mission Telecom. Customer may not use the Carrier’s name, logos, or trademarks.

15 Laws. Unless required by specific law applicable to Customer, this Agreement shall be governed, construed and enforced in accordance with the laws of the United States of America and of the State of Colorado. Any question, controversy or dispute arising out of or related to this Agreement (a “Dispute”) shall be governed by and interpreted in accordance with the laws of the State of Colorado, without regard to conflict of laws principles. The parties hereby irrevocably submit to the exclusive jurisdiction of the state and federal courts seated in Arapahoe, Colorado for the resolution of any such Dispute. To the extent permitted by law, the parties hereby expressly waive the right to a trial by jury.

16 Notices. Any notice required by this Agreement shall be given by prepaid, first class, certified mail, return receipt requested to above address or such other address as may be given from time to time under the terms of this notice provision.

17 Entire Agreement. This Agreement constitutes the entire and only agreement between the parties for Services, and all other prior negotiations, representations, agreements, and understandings are superseded hereby. No agreements altering or supplementing the terms hereof may be made except by means of a written document signed by the duly authorized representatives of the parties.

18 Compliance. Customer shall comply with all applicable federal, state and local laws, regulations, and ordinances in connection with its activities pursuant to this Agreement.

19 General. Failure of Mission Telecom to enforce a right under this Agreement shall not act as a waiver of that right or the ability to later assert that right relative to the particular situation involved. If any provision of this Agreement shall be found by a court to be void, invalid or unenforceable, the same shall be reformed to comply with applicable law or stricken if not so conformable, so as not to affect the validity or enforceability of this Agreement. The provisions of this Agreement which are, by their sense, intended to survive shall survive the expiration or termination of this Agreement for any reason.