High Speed Wireless Internet

Terms and Conditions

Agreement and Terms of Service

This Agreement and Terms of Service applies to Maximum Communications Cellular, LLC, together with its subsidiaries, affiliates, agents and licensees (collectively, "Maximum", "Maximum Communications", "Duet", "we", "our", and "us") the Duet Communications Network, Duet phones, devices and services, the Duet internet devices and services we offer and sell to our subscribers.

PLEASE READ THE AGREEMENT AND TERMS OF SERVICE CAREFULLY. By purchasing, activating or using a Duet phone or internet device or any of our services, you agree to the most recent version of our Terms of Service. By accepting this Agreement, you are bound by its conditions, our rights to change its conditions and those related to your wireless and/or broadband service, including, without limitation, limitations on liability. If you do not agree to the most recent version of our Terms of Service, please contact Duet Customer Care immediately at 1.320.443.6855 (local) or 1-888.833.2855 (toll free U.S.).

Duet services, phones and devices are provided at our discretion. We can modify or cancel them or take corrective action at any time without prior notice and for any reason, including, but not limited to, your violation of any of these Terms of Service. We might change our Terms of Service, including pricing, from time to time. Check our Duet Web site, www.duetip.com, for the most recent pricing and services.

General Terms of Service.

Service Commitment

Your agreement with us, which includes the Terms of Service, becomes effective when you accept the terms of the Agreement. You accept our Agreement by doing any of the following: (1) purchasing or activating a Duet phone, device or service; (2) telling us orally that you accept; or (3) using your Duet services after you make a change or addition. If you do not want to accept this Agreement, don’t do any of these things. You may not assign your rights or delegate any of your duties under this Agreement without our prior written consent, and any attempted assignment or delegation without such consent shall be void. We may assign all or part of this Agreement or your debts under this Agreement without notice.

Duet Web Site

You may use our web site located at www.duetip.com to learn more about our products and services. Any use of the Duet web site is subject to the terms set forth in the Terms of Website Use and Privacy Policy, which are available on our web site at www.duetip.com.

Roaming

Your Duet phones and devices are designed to work only on our Duet Communications Network within our Duet Unlimited "Flat Rate" Calling Area (see Duet Coverage Map); however, you can make calls and/or send text messages to (but not from) Area Codes (612), (651), (763) and (952) without incurring roaming charges. Our services work on another service provider’s wireless system only when we have a roaming agreement in effect with other wireless service providers. Unless included in your Unlimited Plan, roaming charges will apply to your account whenever you make a call to or receive a call from outside or even near our Duet Unlimited Calling Area or, if you have an Unlimited Plan with a roaming call made or received from outside the Duet Coverage Map area except for calls and/or text messages made to Area Codes (612), (651) (763) and (952). If you make and/or receive roaming calls without having the MaxTravelPak the current roaming charge is $.20 per minute. By accepting these Terms of Service, you understand, acknowledge and accept that there may be additional roaming charges (including long distance and toll charges) and higher rates for roaming calls; see Service Offering & Pricing for current roaming charges.   

No Guarantee

Please take note that we do not guarantee that your service will work at all times and in all places. Services are generally available within the operating range of the Duet Communications Network in your area. Services are subject to interruptions due to many causes, including but not limited to transmission limitations, reductions in transmission speed, interruption caused by atmospheric and other conditions, equipment limitations, malfunctions and maintenance, obstructions such as trees or buildings or other conditions that may occur from time to time. If a specific cause of interruption occurs that is not described in this Agreement, by accepting this Agreement you are accepting our representation that limitations and interruptions of services of other unanticipated origins may occur from time to time, even those beyond our control. The phones and devices you purchase from us are designed to operate on the Duet Communications Network and those networks with which we contract to provide services. We make no representation or guarantee that the equipment will operate properly on all wireless communication networks or systems. Services may be limited in areas where coverage is not available or may be temporarily limited due to system capacity and/or limitations, system repairs and/or modifications, or in response to suspected fraud, abuse, misuse of the network, hacking or malicious viruses or violations of our acceptable use policies described elsewhere in this Agreement. Interruption or discontinuation of service may, as described in this Agreement, be caused by your non-payment(s) of charges for our wireless services. 

Our Right to Make Changes

Your right to use our service is subject to our business policies, practices and procedures, including these Terms of Service, which we can change without providing notice to you. Unless expressly prohibited by law, we reserve the right to make changes to your Agreement with us and the rates that we charge you. We will provide you with at least thirty (30) days’ notice if we make any change to these Terms of Service that are determined to be materially adverse to you. If you do not terminate your service within thirty (30) days of receiving the notice of a materially adverse change in these Terms of Service, you agree to accept any such changes.

Acceptable Use of Duet Products and Services

You may not use Duet services for any illegal purpose, including harassing, threatening, abuse, defaming, or slandering any individual or entity. You may not use our service in a manner that interferes with another Duet customer’s use of our service. We and our business partners provide messages, data, information, music, games, images, text or other material for your private use only. You may not sell or resell this content. You may not upload and transmit or broadcast this content in public places. These uses are expressly prohibited by us. You will be solely responsible if you engage in any unauthorized use of this content.

Content Objectionable or Offensive to Third Parties

You may not publish, copy, reproduce, upload, download, post, distribute, edit, modify, or otherwise transmit ("Post") any content that is unlawful, libelous, defamatory, slanderous, obscene, pornographic, harassing, threatening, abusive, harmful, or otherwise objectionable, or that infringes upon or otherwise violates others’ rights, including privacy rights.

Unlawful Content

You may not Post any content that encourages or is in furtherance of an unlawful, criminal, or fraudulent activity or that violates any Duet rule or policy.

Warranties

We do not manufacture our cell phones, modems or other equipment. The only warranties applicable to such devices or equipment are those extended by the manufacturers.  We have no liability, therefore, in connection with mobile phones, modems and other equipment or for manufacturers’ acts or omissions. WE MAKE NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, REGARDING THE PRODUCTS AND SERVICES PROVIDED HEREUNDER OR ANY SOFTWARE REQUIRED TO BE USED IN CONNECTION THEREWITH, INCLUDING, BUT NOT LIMITED TO, AND TO THE EXTENT PERMITTED BY LAW, WARRANTY OF TITLE, WARRANTY THAT A PRODUCT OR SERVICE IS FIT FOR A PARTICULAR USE OR WARRANTY OF MERCHANTABILITY. WE EXPRESSLY DISCLAIM ANY AND ALL IMPLIED WARRANTIES. WE DON'T PROMISE ERROR-FREE OR UNINTERRUPTED SERVICE AND DON'T AUTHORIZE ANYONE TO MAKE WARRANTIES ON OUR BEHALF.

Safety and Security

We are not responsible for the content or security of voicemail, email or contact lists you create. We urge you to create a password to access your voicemail. If you use your Duet device to access company email or information, it is your responsibility to ensure that your use complies with your company’s internal IT and security procedures.   Always use your device in a safe manner that does not create a risk to your safety or the safety of others around you. To protect your safety, do not use your Duet mobile phone while driving and never use your device while driving in locations that prohibit such use. If you need to make or answer a call while driving, park your vehicle in a safe area before making or answering a call. Become familiar with your device and its features. Only use your device with approved accessories available directly from us or one of our authorized distributors. 

Notices

You may notify us by mail Maximum Communications Cellular, LLC, 4101, West Division Street, Suite C1, Saint Cloud, MN - 56301, phone 1.320.281.3311, or customer service at 1.320.443.6855, or electronic means (via our Web site at www.duetip.com). Notices will be considered effective after we receive them. If you are unable to resolve your concerns with us, you may file a complaint with the Federal Communications Commission, Washington, DC 20554. Any notice we send you will be sent to your last known residence or electronic address as shown on our records, or via text message to your Duet phone or modem.

Use of Your Customer Information

You agree to the terms of our Privacy Policy (available at www.duetip.com) when you initiate service with us. This policy may change from time to time and includes important information on what data we collect about you, how we use this data and with whom we share that data.  In the course of providing service to you, we may collect certain information made available to us solely because of our relationship with you, including information regarding the nature and type of your service and the calls that you place and receive. We always will handle this data, called "Customer Proprietary Network Information" (CPNI) in accordance with Federal Communications Commission regulations, federal consumer privacy laws and our Privacy Policy. We take reasonable steps to protect CPNI and your other personal information from unauthorized use or disclosure. Except as contemplated by the Privacy Policy, we will not intentionally share your personal information without your permission. We may, from time to time, use the information you provide us to market services to you that may be related to our service offerings. You will have the opportunity to choose whether you would like to receive text messages, email, direct mail and other updates from us and our partners about new products, special promotions and important service information by editing your profile at www.duetip.com (log in and select Account Info and then Contact Info) or by calling Duet 320.281.3500 (local) or 1.888.833.2855 (toll free U.S.).

Soliciting Information

You may not Post any content that solicits any information from other customers or involves any commercial activities, including advertisements.

Infringing Content

You may not Post any content that may infringe on or otherwise violate any patent, trademark, trade secret, copyright, or other intellectual property or proprietary right of any person. Infringement may result from the unauthorized copying, posting, editing, modifying or distributing of any content, including ringtones, graphics, pictures, photographs, logos, software, articles, music, games, or videos. By Posting any content, you represent that you have legal rights to use, distribute, and publish such content.

Harmful Content

You agree not to Post any content that contains viruses, worms, time bombs, or other similar programs that would interfere with or disrupt our provision of services.

Removal of Objectionable Content

We reserve the right, in our sole discretion, to remove or delete any content that you Post on our service that violates these Terms of Service or is otherwise deemed objectionable by us in our sole discretion. We may delete content that you have downloaded to your personal vault or limit the amount of content that you may download during any given period.

Suspension or Termination of Service

We reserve the right to issue a warning and to suspend or terminate your access to the www.duetip.com Web site or to our services at any time should we determine in our sole discretion that you have violated these Terms of Service or any other rule or policy of Duet, or for any other reason in our sole discretion.

Disclosure of Content

To comply with appropriate legal process, we may disclose to law enforcement authorities any information, including your name, account history, account information, or other transmission data requested by law enforcement. We also may disclose to third parties any content necessary to respond to claims that such content violates the rights of third parties or to protect our rights and property.

Storage of Content

Some content may not be stored or processed because of personal vault memory limitations. You agree that we are not liable for the deletion of or failure to store content, and, in compliance with the terms of this Agreement, you should store photographs and other information permanently using another means, such as a CD-R or personal computer. Content may expire within 60 days of its original download or use unless you otherwise request its retention and/or preservation. A password may be required to access the contents of your personal vault. Not all applications will work on all Duet phones and equipment, and some applications may not be available in all areas.  If you use a third party application, the application may access, collect, use or disclose your personal information or require Maximum to disclose your information, including location information (when applicable), to the application provider or some other third party. If you access, use or authorize third party applications through the Services, you agree and authorize Maximum to provide information related to your use of the services or the application(s). You understand that your use of third party applications is subject to the third party’s terms and conditions and policies, including its privacy policy. 

 

Location-Based Services

Location-based information is information that indicates the location of your Duet phone. When you turn on your mobile phone and use any of our location-based services, your device automatically communicates with our network and relays its current location. The accuracy of location services may be affected by circumstances beyond our control, including atmospheric, geographic or topographic conditions. We do not warrant or guarantee that location services will be available at any specific time or geographic location, or that service will be provided without interruption.  By using our location-based services, you consent to have us electronically collect, monitor and track your physical location and the location of your mobile phone. We collect and disclose your location information only to provide you with the location-based services you have requested, or in emergency situations as prescribed by law. If you allow other users to use your mobile phone, you are responsible for informing these users that their location information may be collected or disclosed. We will not provide your location information to third parties other than as prescribed by law without your consent.  If you wish to change your privacy options for the use of your location information, or if you no longer wish to use our location-based services, please change the settings on your mobile phone. Changing your privacy options or terminating our location-based services will not affect the status of any other services you receive from us. Any information that is collected, monitored or tracked regarding your physical location or the location of your mobile phone will not be retained longer than is necessary to provide the location-based services you have selected.

Limitation of Liability

Unless prohibited by law, we agree to limit claims for damages or other monetary relief against each other to direct and actual damages. You agree that we and our business partners are not liable to you or any third party for any indirect, special, incidental, consequential, exemplary or punitive damages of any kind, including lost profits (regardless of whether we have been notified that such loss may occur) by reason of any act or omission in our provision of products or services or under any legal theory, including fraud, misrepresentation, breach of contract, personal injury, product liability or any other theory. We assume no risk or responsibility for your use of any of the content provided as part of our services. We are not liable (1) for any act or omission of any other company furnishing a part of our service or any equipment provided for such service, (2) for errors or omissions of any vendors participating in offers made through us, (3) for any damages that result from any product or service provided by or manufactured by third parties, or (4) any unauthorized or disputed charges for our services that appeared more than fifteen (15) days earlier on your on-line account statement and which you did not properly dispute within fifteen (15) days after the charge was posted to your account. You acknowledge that no fiduciary or other special relationship exists between you and us, by virtue of these Terms of Service or your use of Duet phones, modems or other equipment and services. You also agree we are not liable for missed voice mails, or deletions of messages from your voice mail system (if you have one), even if you have saved them.

Indemnification

You agree to indemnify and hold harmless us and our affiliates and our respective officers, agents, partners and employees, from any and all liabilities, settlements, penalties, claims, causes of action and demands brought by third parties (including any costs, expenses or attorneys’ fees on account thereof) resulting from your use of our products and services, or another person whom you authorize to use your products or services, whether based in contract or tort (including strict liability) and regardless of the form of action.

Dispute Resolution

We each agree to contact each other first with any disputes and provide a written description of the problem, all relevant documents/information and the proposed resolution. You agree to contact us with any dispute by calling Duet 320.281.3500 (local) or 1.888.833.2855 (toll free U.S.) and our representatives will contact you at the last address that have provided us or on your mobile phone. We each agree to negotiate in good faith to resolve any dispute. You agree to pay all amounts reflected on your account statement, even while a dispute is being resolved.

Unless otherwise specified herein, any disputes of a legal nature, whether a claim, complaint, arbitration demand or otherwise, shall be subject to the exclusive jurisdiction of the federal or state courts located within the State of Minnesota.

No Trial By Jury

To the extent permitted by law, if a claim proceeds in court, we each also waive any right that we may have to trial by jury in any lawsuit or other proceeding.

Disputed Charges

If you think that there has been an error in any charge posted to your account, you must notify us within fifteen (15) days after the charge is posted to your account to request an adjustment. Call Duet 320.281.3500 (local) or 1.888.833.2855 (toll free U.S.) and one of our advisors will help investigate your claim. If you do not notify us within this fifteen (15)-day period, you waive any right to dispute the charge, including in arbitration or a court proceeding. You accept all charges not properly disputed within this fifteen (15)-day period. Undisputed charges must be paid as stated on your account statement, but we will credit, refund or provide other compensation to you if we determine that the disputed charge was inappropriate and raised by you in a timely manner. If we credit, refund or provide other compensation to you to settle a disputed charge, you agree that the dispute is fully and finally resolved and not subject to further proceedings. Disputes can be made by calling Duet 320.281.3500 (local) or 1.888.833.2855 (toll free U.S.) and one of our advisors will investigate your claim. We are not liable for any charges for products or services provided by third parties through and for use on our network regardless of the date on which you report it. If an unauthorized or disputed charge for a third-party product or service appears on your statement, you must contact that third party directly. Third-party contact information is available on your statement, as well as by calling Duet 320.281.3500 (local) or 1.888.833.2855 (toll free U.S.).

Account Suspensions Related to Credit Card Chargebacks

If we have attempted to charge your credit card or debit card for a charge that we deem is authorized and valid under these Terms of Service, and the credit card or debit card company withholds such payment because the charge has been disputed ("Chargeback"), we reserve the right to suspend your access to our service for up to 30 days until the Chargeback is reversed. If the Chargeback is not resolved and reversed, your account will be deactivated at the end of the thirty (30)-day period. If your account is reactivated you may be charged a fee for each Chargeback. If there are multiple Chargebacks associated with your account or we suspect or confirm any fraudulent activity in connection with your payments, we may, pursue alternative action without limiting any other rights available to us. 

 

Export

You agree to comply with all trade regulations and export control laws, both domestic and foreign. Duet phones, modems, equipment, software, and any underlying information accessed or transferred by you using  our services may be subject to U.S. export controls, including the Export Administration Act (50 U.S.C. § 2401, et seq.) and the Export Administration Regulations (50 C.F.R. § 730-774), as well as the import regulations of other countries. You agree not to export or re-export any Duet phones, modems, equipment, or software to any foreign country. Any information transferred by you using our services to any foreign country, entity, or person must comply with the U.S. Export Administration Act and the Export Administration Regulations. 

 

Taxes and Surcharges

Stated prices for our service options do not include certain taxes or surcharges. We charge state and local sales taxes, as well as surcharges for federal and state Universal Service Fund contributions and state and local 911 fees. Charges may also include a cost recovery surcharge. The amount of these surcharges is subject to change and may vary from time to time and by geographic area. Surcharges are assessed to help defray our costs incurred in complying with federal and state telecommunications regulations. Surcharges are not taxes or fees that the government requires from consumers. Taxes, fees and surcharges are subject to change without notice. 

 

Switching among Duet Service Options

You may switch between qualified service options at any point. Duet reserves the right to redefine what constitutes a qualified plan or acceptable switch at their discretion.  When you switch between service options you will not receive a refund of any portion of any previously paid service charges.  We recommend that you switch at the end of your monthly billing cycle if you are on a monthly service option.  Repeated switching is not permitted and may result in termination of service.

Brand Usage

All use of Duet specific marketing materials, including but limited to Duet’s logo, name, markings, sayings, etc is strictly prohibited without written content prior to said usage.

Specific Terms and Restrictions on Using Data Services

You are responsible for all data activity from and to your device, regardless of who initiates the activity. Estimates of data usage will vary from actual use. You may not use the Data Service: (1) with server devices or host computer applications, including, but not limited to, Web camera posts or broadcasts, automatic data feeds, automated machine-to-machine connections or peer-to-peer (P2P) file sharing or other systems that drive continuous heavy traffic or data sessions; (2) as a substitute or backup for private lines or frame relay connections, (3) with "auto-responders," "cancel-bots," or similar automated or manual routines which generate excessive amounts of net traffic, or which disrupt net user groups or email use by others, (4) "spam" or unsolicited commercial or bulk email (or activities that have the effect of facilitating unsolicited commercial email or unsolicited bulk email); or (5) any activity that adversely affects the ability of other people or systems to use either our services or other parties’ Internet-based resources. We reserve the right to limit, suspend or terminate without notice any misuse or use that adversely impacts our network performance or hinders access to our network.

Data Services and Content

Data services available through your Duet phone and may allow you to access the Internet, text, pictures, games, graphics, music, email, sound and other materials ("Data Content") and send Data Content elsewhere. Some Data Content is available from us or our business partners, while other Data Content can be accessed from other third-party websites or services. We make absolutely no representations, warranties or guarantees about the Data Content you access through your Duet phone or device. Data Content may be: unsuitable for children/minors; unreliable or inaccurate; or offensive, indecent or objectionable. You are solely responsible for evaluating the Data Content accessed by you or anyone using your Duet phone or device. We strongly recommend that you monitor content access by children or minors. Prior to accessing certain content which may be inappropriate for children/minors, we may require you to provide certain personal information in order to verify that you are at least 18 years of age. Data Content from third parties may also harm your Duet phone, device or its software. To protect our network or services, or for any other reason, we may place restrictions on accessing certain Data Content, impose separate charges, limit the amount of data you can access or transfer, or otherwise limit or terminate services.

Unless otherwise indicated, we do not endorse the content, features, or software that our business partners use to enhance your Duet experience. Your relationship with our partners is between you and them.  While we support your use of your Duet phones and devices to access partner content, we specifically MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, TO THE EXTENT PERMITTED BY APPLICABLE LAW, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, NON-INFRINGEMENT, PERFORMANCE, ACCURACY OR EFFORTS CONCERNING any other entity or whose services or content you may utilize or otherwise access while using your Duet phone or device. We also have no control whatsoever over the content on any partner site that you may access via your Duet phone or device. We strongly recommend that you use good judgment and care in sharing any personal information about yourself while communicating and interacting with any website. Please do not modify, make, upload or download any content that would violate anyone's intellectual property rights including copyright laws.

In the event that you lose access to content you have purchased, regardless of the reason for such loss, including without limitation the failure of your mobile phone or computer, we will not be required to make such content available to you free of charge although we may, in our sole discretion, make commercially reasonable efforts to do so.

Our rights to license to you certain of the content may expire or may be changed, at any time and without notice. In such event, we will not extend your rights to such content, and will not provide any reimbursement of any fees or other amounts paid to us in connection with such content, although you may contact us to request replacement content. We will not be required to provide any such replacement content, although we may, in our sole discretion, make commercially reasonable efforts to do so.

Effect of Terms of Service

These Terms of Service supersede all oral or written communications and understandings between you and us with respect to our products and services to you and the terms under which they are offered and provided to you. If any part of these Terms of Service is declared invalid or unenforceable, all other parts of these Terms of Service are still valid and enforceable. Such invalidity or non-enforceability will not invalidate or render unenforceable any other portion of these Terms of Service. No provision of these Terms of Service provides any person or entity not a party to these Terms of Service with any remedy, claim, liability, reimbursement, or cause of action, or creates any other third party beneficiary rights. If your account is deactivated for any reason, we will assess you a termination charge equal to the value of the balance in your account.

Please contact Duet 320.281.3500 or visit our Web site at www.duetip.com for additional pricing information or answers to any questions about our services.

Telecommunications Services

We provide telecommunications services using our Duet Communications Network exclusively with Duet phones, modems, devices and other equipment purchased from us or an authorized retailer. You cannot use our service with any other mobile phone, modem or device or on any other network and you may not use your Duet phone, modem or device with any other service or network. Airtime may be used for domestic and international calling from the United States and for related services as provided in these Terms of Service. Duet phones and phone numbers may not be used for pager or voicemail-only service, and we may terminate any account if usage is limited to pager service or voicemail retrieval service.

You agree not to use our services in any way that is illegal, fraudulent or abusive, as determined by us in our sole discretion.

You may not alter any of the hardware or software on your Duet phone, modem or device for any purpose. We may change your phone, modem and/or device’s software, applications or programming remotely and without notice. This may affect stored data or other personal programming; if it does, we are not responsible for such affect. Our phones, modems and devices may not be purchased in bulk or sold to third parties.

The software and content on our phones, modems, and devices, including the operating system, applications, data, information, music, games, images, text and other material, are owned by us and/or our business partners. You are permitted to use this software and content solely in connection with your use of the Duet phone, modem or device on our Network as expressly authorized under these Terms of Service. You may not distribute or upload any pre-loaded software or content to another phone or device or transmit or broadcast the software or content, or otherwise copy or use the software or content in any manner not expressly authorized under these Terms of Service or, with respect to any downloaded content or applications, any other governing terms of use. If you violate any material term of these Terms of Service, including without limitation by using a Duet phone, modem or device on another network, by modifying any hardware or software on a Duet phone, modem or device, or by distributing, copying or otherwise using any of the software or content on a Duet phone, modem or device in a manner that is not authorized by these Terms of Service, your license to the software and content shall terminate immediately and your continued use thereof will constitute copyright infringement.

You may not use our service in a manner that interferes with another of our customer’s use of our service. We have determined that our ability to provide good service may be impaired when customers place abnormally high numbers of calls, send or receive unusually high numbers of messages, or repeatedly place calls of unusually long duration, relative to typical usage by our other customers on similar service plans. Such atypical usage suggests that a mobile phone or device is being used in violation of these Terms of Service. Unlimited voice services are provided solely for live dialog between two individuals.

Unlimited talk/text services may not be used for monitoring services, data transmissions, or other connections that do not consist of uninterrupted live dialog between two individuals.  Service is only available in geographic areas covered by the Duet Communications Network and affiliates digital service network footprint and of our service partners. Local phone numbers may not be available in certain Duet and affiliate markets.

Airtime usage is measured from the time the network begins to process the call (before the phone rings or the call is answered) through the network’s termination of the call (after you hang up). Therefore, call time data displayed on your phone may be inaccurate and may not be relied upon for billing purposes.

In addition to other rights we might have to discontinue service, we specifically note that we may terminate our service to you if your phone or device incurs in excess of $45.00 in wholesale roaming costs (roaming fees paid by Duet but not passed on to you) two (2) or more consecutive billing periods. We also reserve the right to dynamically manage usage on partner networks. Our ability to deliver good service under our plans is based on primary use within our network.

Current Duet Service Plans

Depending on the plan you select, we permit you to pay by the month for your service and you may choose among several current service plan options offered to you.

Plans

We offer several service plan options that allow you to pay by the month for your service. Just pick the service plan offer that fits your lifestyle and you will receive the corresponding services.  You may purchase your Duet plan in several ways, including using cash or a credit or debit card. 

 

Rates

All rate Plans are subject to change without prior notice, and additional surcharges and taxes may apply. Calls are billed in one-minute increments, with a minimum time per call of one minute. Call times are rounded up to the nearest whole minute. International calls are billed at the international per-minute rate for the country you are calling plus your standard airtime rate. International rates vary.

Messaging

You can send and receive text messages of up to 160 characters. There is no character limit for email and instant messages ("IM").

Web Service for Voice Handsets

We provide wireless data services that allow wireless access to mobile Internet using your Duet phone. If web access is not included in your current plan, you are welcome to add it for current data rates.

Web Service for Fixed or Mobile Devices

We currently offer high-speed wireless broadband Internet services that allow you to access the Internet from your laptop, personal computer or Wi-Fi enabled notebook device.  Web service may be used only with a Duet broadband device.  Data service is offered in fixed and mobile packages.

We offer several service plan options that allow you to pay by the month for your service.  Just pick the monthly service plan offer that fits your lifestyle.  You may purchase your plan in several ways including using cash or a credit or debit card.

Rates

All rate Plans are subject to change without prior notice, and additional surcharges and taxes may apply.

Payment Methods

Service charges will be billed depending on the plan you select, but are generally billed in advance and due before the first day of your monthly service period. Monthly service periods are approximately 30 days long. The dates of your monthly service period and other dates related to your account may change from time to time. You must notify us of any change in your billing address.

AutoPay

As a convenience, you may authorize recurring payment of your Duet bill through a credit card or debit card; this authorizes us to charge all amounts you owe us to the credit card or debit card up on, or just prior to, your due date and to demand immediate payment from the card issuer. Unless required by law, we will not give any additional notice to you or obtain additional consent from you before charging Service and/or Device charges to the credit card or debit card. You must promptly notify us of any change in the credit card or debit card you want to be charged by calling 320.281.3500 or 1.888.833.2855 (toll free U.S.). 

 

Card/Check Decline

In the event your credit card or debit card is dishonored by the card issuer for any reason, or any check or other negotiable instrument tendered by you and returned unpaid by a financial institution for any reason, we may charge you an additional fee up to the maximum amount permitted by law. We reserve the right, in our sole discretion, to require that you pay your Duet bill with cash, certified check, cashier’s check or money order.  We reserve the right to suspend and cancel your service if payment on your account is not received by the due date for what ever reason.

Duet Phones

Mobile phones sold with a subsidy, below cost, and not active on a valid Duet service plan for 45 consecutive days are subject to a chargeback. All mobile phones purchased directly from us, or one of our authorized dealers, include a one-year warranty from the original equipment manufacturer. If you experience an equipment malfunction, call Duet at 1.320.281.3500 or 1.888.833.2855 (toll free U.S.) and we will arrange for a replacement mobile phone. You can switch your number to another Duet phone by calling 1.320.281.3500 or 1.888.833.2855 (toll free U.S.).  You may be charged a feee.

Returning Your Duet Mobile Phone or Internet Device

Mobile phones and Internet devices purchased directly from us may be returned for a full refund within 30 days of purchase. All phones must be in like new conditions with no visible cosmetic damage. You must have the original receipt, packaging materials and all components. Please contact Duet at 1.320.281.3500 or 1.888.833.2855 (toll free U.S.) for instructions. Mobile phones purchased at a dealer store may be returned to that store in accordance with the store’s return policy. Please repack the mobile phone and all components and bring it to the store at which you purchased it.  A restocking fee may apply.

Lost or Stolen Equipment

If your mobile phone is lost or stolen, you are responsible for charges incurred until you notify us of the loss of your mobile phone by visiting our Web site (www.duetip.com) or by calling Duet at 1.320.281.3500 or 1.888.833.2855 (toll free U.S.). Upon receiving notice that your mobile phone is lost or stolen, we will suspend your account. If you do not either activate a new Duet phone or notify us that you have found your old mobile phone within 60 days of the suspension of your account, you will lose your Duet phone number.

Mobile Phone Number

The mobile phone number we provide for your use is and will remain the property of Duet. We may give the mobile phone number to another customer without telling you if you cancel your service with us in order to use another mobile service (unless you transfer the mobile phone number to another telecommunications provider in accordance with applicable regulations), or if your account expires and is deactivated. We may also change your number at any time, although we will notify you prior to any change. You can request to change your mobile phone number up to three times each year.

Keeping Your Old Mobile Phone Number

Depending on where you live, you may transfer an existing wireless or wireline carrier telephone number to your Duet service for use as your mobile phone number. To switch an existing telephone number to Duet, come to the Duet store at 4101 W Division Street, Suite C1, St Cloud, MN 56301 or call 1.320.281.3500 or 1.888.833.2855 (toll free U.S.).  We will not charge you to transfer your existing non-Duet mobile telephone number to your Duet mobile phone. In order to be able to transfer your number, you will need to furnish a bill from your existing wireless or wireline carrier available. When you switch from another wireless carrier to us, you may have to pay a termination penalty if you terminate your contract early. We will not reimburse you for any termination fees imposed by other carriers. You will not be able to switch your area code without receiving a new local number from us as well.

Policy Regarding Copyright Infringement

We respect your intellectual property rights and we expect you to respect ours when you visit our Web site and use our Duet Communications Network. Otherwise, we may, at our discretion, remove or disable your access to material on our websites or network that may infringe upon our copyright rights and those of others. We may also, at our sole discretion, remove or disable links or references to an online location that contains potentially infringing material or infringing activity. If you repeatedly infringe or otherwise violate our and others’ copyrights, at our sole discretion we may block your access and/or terminate your rights to use our web sites or network.

If you believe that your work has been used on our web sites or network in any manner that constitutes copyright infringement, please notify our Intellectual Property Department by written notice addressed as follows:

By mail:

Maximum Communications Cellular, LLC.
dba Duet,
4101 West Division Street, Suite C1 
Saint Cloud, MN 56387

Please note that under the relevant law, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability. The notice should include the following information: (i) an electronic or physical signature of a person authorized to act on behalf of the owner of the copyright allegedly infringed; (ii) identification of the copyrighted work you claim has been infringed, or if there are multiple copyrighted works you claim have been infringed, a representative list of such works; (iii) identification of the material you claim is infringing, and information reasonably sufficient to permit us to locate that material, including a copy of the material or the web page address where the material may be found; (iv) your name, address, telephone number and email address so that we are able to contact you regarding your complaint; (v) a statement by you that you have a good faith belief that the disputed use of the material at issue is not authorized by the copyright owner, (vi) the agent of the copyright owner or the law; (vii) a statement by you that the information in this notification is accurate; and (viii) a statement, under penalty of perjury, that you are the copyright owner of the material allegedly infringed or authorized to act on the copyright owner's behalf.

© Maximum Communications Cellular, LLC, 2012. All rights Reserved