1. Acceptance of Terms
Welcome to Cubit Packaging ("Company," "we," "us," or "our"). These Terms of Service ("Terms") govern your use of our website at cubitpackaging.com, products, and services. By accessing our website, placing an order, or using our services in any way, you ("Customer," "you," or "your") agree to be bound by these Terms and all applicable laws and regulations.
If you do not agree to these Terms, please do not use our services. These Terms apply to all users of our website, including browsers, customers, merchants, and contributors of content. We reserve the right to update, modify, or replace these Terms at any time without prior notice. Your continued use of our services after changes are posted constitutes acceptance of the updated Terms.
By using our services, you represent that you are at least 18 years old and have the legal capacity to enter into these Terms. If you are acting on behalf of a business or organization, you represent that you have the authority to bind that entity to these Terms.
2. Description of Services
Cubit Packaging provides custom packaging solutions and related services, including but not limited to:
Products and Services
- Custom printed boxes, mailers, and shipping containers
- Eco-friendly and sustainable packaging materials
- Smart packaging with digital integration and QR codes
- Mylar bags and flexible packaging solutions
- Folding cartons and rigid boxes
- Product inserts, dividers, and protective packaging
- Design and prototyping services
- Packaging consultation and technical support
- Sample production and testing services
- Inventory management and fulfillment services
Service Limitations
We reserve the right to refuse service, limit quantities, or discontinue products at our sole discretion. All products and services are subject to availability, and we may substitute materials or specifications when necessary to maintain quality and delivery schedules.
3. Account Registration and Use
Account Creation
To access certain features and place orders, you may need to create an account. You agree to:
- Provide accurate, current, and complete information
- Maintain and update your information as needed
- Keep your password secure and confidential
- Notify us immediately of any unauthorized use
- Accept responsibility for all activities under your account
Prohibited Uses
You agree not to use our services for:
- Any unlawful purpose or to solicit unlawful acts
- Violating any applicable laws, regulations, or third-party rights
- Transmitting harmful, offensive, or inappropriate content
- Impersonating others or providing false information
- Interfering with or disrupting our services
- Packaging illegal, harmful, or regulated products without proper authorization
- Infringing on intellectual property rights
- Engaging in fraudulent or deceptive practices
4. Ordering and Payment Terms
Order Process
All orders are subject to acceptance by Cubit Packaging. We reserve the right to refuse, cancel, or limit any order for any reason, including but not limited to:
- Product availability or inventory limitations
- Errors in pricing, product information, or specifications
- Suspected fraudulent or unauthorized activity
- Inability to verify customer information
- Violation of these Terms or applicable laws
- Technical limitations or production constraints
Pricing and Payment
Pricing Terms
- All prices are quoted in USD and subject to change without notice
- Custom quotes are valid for 30 days unless otherwise specified
- Prices exclude taxes, duties, and shipping unless stated otherwise
- Volume discounts may apply based on quantity and frequency
- Rush order surcharges apply for expedited production
Payment Terms
- Payment terms are typically 50% deposit, 50% on completion
- Net 30 payment terms available for approved business customers
- We accept major credit cards, ACH transfers, wire transfers, and checks
- Late payments incur a 1.5% monthly service charge
- Returned payments subject to $35 processing fee
- Orders may be held pending payment resolution
Credit Terms
Credit accounts require application approval and may include credit limits, personal guarantees, and additional terms. We reserve the right to modify or terminate credit terms at any time.
Minimum Order Quantities and Setup Fees
Most products have minimum order quantities (MOQs) and may include setup fees for custom tooling, plates, or dies. These requirements help maintain competitive pricing and ensure production efficiency. Setup fees are non-refundable once production begins.
5. Product Specifications and Approval Process
Design and Artwork Requirements
- Customer is responsible for providing print-ready artwork or approving our designs
- Artwork must be provided in vector format (AI, EPS, PDF) at 300 DPI minimum
- Colors should be specified in CMYK or Pantone color systems
- Customer warrants they own all rights to submitted artwork and content
- We provide digital proofs for approval before production begins
- Physical samples available for additional fee when requested
Approval Process
Our approval process ensures accuracy and quality:
- Digital proofs provided within 1-3 business days of order placement
- Customer must approve proofs within 5 business days to maintain production schedule
- Changes after proof approval may incur additional charges and delays
- Final approval constitutes acceptance of design, specifications, and delivery terms
- Production begins only after written approval and payment confirmation
Quality Standards and Tolerances
We maintain high quality standards while adhering to industry-standard tolerances:
Manufacturing Tolerances
- Color variation: ±10% from approved proof due to printing variables
- Dimensional tolerance: ±1/16 inch (±1.5mm) for standard production
- Quantity variance: ±5% of ordered quantity (industry standard)
- Weight variance: ±5% for material weight specifications
- Registration tolerance: ±1/32 inch for multi-color printing
Quality Control
We conduct quality control checks throughout production, including material inspection, print quality verification, and dimensional checks. However, minor variations within industry standards are acceptable and do not constitute defects.
Material Specifications
Material specifications are subject to availability and may be substituted with equivalent alternatives when necessary. We will notify customers of any material changes that may affect performance or appearance. Standard materials are not food-grade unless specifically requested and confirmed.
6. Production and Delivery Terms
Production Timeline
Production times are estimates and begin after proof approval and payment receipt:
- Standard production: 10-15 business days
- Rush production: 5-7 business days (additional fees apply)
- Complex custom projects: 15-25 business days
- Actual times may vary based on order complexity, quantity, and current production schedule
- Holidays, equipment maintenance, and material delays may affect schedules
Shipping and Delivery
Shipping Terms
- All shipments are FOB origin (Fremont, CA) unless otherwise agreed
- Risk of loss and title transfer to customer upon delivery to carrier
- Shipping costs are additional unless included in quote
- We reserve the right to select carrier and shipping method
- Delivery dates are estimates and not guaranteed
Inspection and Claims
- Customer must inspect shipments immediately upon receipt
- Damage or shortage claims must be reported within 5 business days
- Concealed damage claims must be made within 15 days
- We will assist with carrier insurance claims when applicable
- Failure to report claims timely may void coverage
International Shipping
International orders may require additional documentation, customs clearance, and are subject to import duties and taxes. Customer is responsible for all customs fees, duties, and compliance with local regulations.
Delivery Performance
While we strive to meet delivery schedules, production and delivery dates are estimates only. We are not liable for delays caused by circumstances beyond our reasonable control, including but not limited to material shortages, equipment failures, labor disputes, or acts of God.
7. Returns, Cancellations, and Refunds
Order Cancellations
Due to the custom nature of our products:
- Orders may be cancelled without penalty before proof approval
- Orders cannot be cancelled once production has begun
- Cancellation after proof approval may incur setup and material costs
- Rush orders cannot be cancelled once accepted
- Custom tooling, plates, and dies are non-refundable
Returns and Refunds
General Return Policy
Custom products cannot be returned unless defective or produced in error. Returns are only accepted for:
- Manufacturing defects or quality issues
- Products that do not meet approved specifications
- Shipping damage (with proper documentation)
- Our production errors or omissions
Return Process
- Claims must be made within 30 days of delivery
- Written notification required with supporting documentation
- Product samples may be required for evaluation
- Return authorization must be obtained before returning products
- Customer responsible for return shipping unless our error
Refund Terms
If products are determined to be defective or our error, we will, at our option:
- Replace the defective products at no charge
- Provide credit for future orders
- Issue partial or full refund for defective portion
- Refunds processed within 30 days of determination
No Return Items
The following items cannot be returned under any circumstances:
- Custom-designed products meeting approved specifications
- Products with customer-provided artwork or content
- Perishable or time-sensitive materials
- Products damaged by customer misuse or storage
- Special order or discontinued items
8. Intellectual Property Rights
Customer Content and Artwork
Customer retains ownership of all submitted artwork, logos, and content. By submitting content, Customer:
- Grants us a limited license to use content solely for order fulfillment
- Warrants they own all rights to submitted content
- Agrees to indemnify us against any third-party claims
- Consents to our use of completed projects for marketing purposes
- Acknowledges we may showcase work in portfolios and case studies
Our Intellectual Property
All website content, including text, graphics, logos, software, and proprietary designs, is our property and protected by intellectual property laws. You may not reproduce, distribute, or create derivative works without our written permission.
Copyright Infringement
We respect intellectual property rights and will not knowingly produce materials that infringe third-party rights. If you believe your copyrighted work has been used without permission, please notify us immediately with:
- Description of the copyrighted work
- Location of the allegedly infringing material
- Your contact information and electronic signature
- Statement of good faith belief that use is unauthorized
- Statement of accuracy under penalty of perjury
Trademark Rights
Customer is responsible for ensuring they have rights to use any trademarks, logos, or brand elements in their packaging. We are not responsible for trademark infringement claims arising from customer-provided content.
9. Warranties and Disclaimers
Limited Warranty
We warrant that our products will be free from material defects and will substantially conform to approved specifications for a period of 90 days from delivery. This warranty is limited to replacement or refund of defective products and does not cover:
- Normal wear and tear or aging
- Damage from misuse, abuse, or improper storage
- Variations within industry-standard tolerances
- Issues arising from customer-provided specifications
- Environmental factors beyond our control
Disclaimer of Warranties
EXCEPT AS EXPRESSLY STATED ABOVE:
- ALL PRODUCTS AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY
- WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED
- NO WARRANTY OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE
- NO WARRANTY OF NON-INFRINGEMENT OR QUIET ENJOYMENT
- NO WARRANTY REGARDING PERFORMANCE, RELIABILITY, OR AVAILABILITY
Performance Disclaimer
We do not warrant that our products will meet your specific requirements, be suitable for particular applications, or perform in specific environments. Customer is responsible for determining suitability for their intended use.
10. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW:
Monetary Limitations
- Our total liability for any claim shall not exceed the amount paid for the specific order in question
- In no event shall our liability exceed $10,000 for any single incident or series of related incidents
- Liability is limited to direct damages only
Excluded Damages
WE SHALL NOT BE LIABLE FOR ANY:
- INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
- LOSS OF PROFITS, REVENUE, OR BUSINESS OPPORTUNITIES
- BUSINESS INTERRUPTION OR OPERATIONAL DELAYS
- LOSS OF DATA, GOODWILL, OR REPUTATION
- COST OF SUBSTITUTE PRODUCTS OR SERVICES
- PERSONAL INJURY OR PROPERTY DAMAGE (except as required by law)
Circumstances Beyond Our Control
We are not liable for delays, damages, or failures caused by circumstances beyond our reasonable control, including but not limited to force majeure events, supplier failures, transportation delays, or customer-provided specifications.
11. Indemnification
Customer agrees to indemnify, defend, and hold harmless Cubit Packaging, its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising from or related to:
- Customer's breach of these Terms or violation of applicable laws
- Customer-provided content, artwork, or specifications
- Infringement of third-party intellectual property rights
- Customer's use, misuse, or distribution of our products
- Claims arising from products packaged in our materials
- Regulatory violations related to customer's business or products
- Personal injury or property damage caused by customer's products
This indemnification obligation survives termination of these Terms and applies regardless of the theory of liability.
12. Force Majeure
Neither party shall be liable for any failure or delay in performance due to circumstances beyond their reasonable control, including but not limited to:
- Acts of God, natural disasters, or severe weather
- War, terrorism, civil unrest, or government actions
- Labor disputes, strikes, or workforce shortages
- Supplier failures or material shortages
- Equipment failures or technical problems
- Transportation delays or logistics disruptions
- Pandemic, epidemic, or public health emergencies
- Cyber attacks or system failures
- Changes in laws or regulations
The affected party must provide prompt notice of such circumstances and use reasonable efforts to minimize delays. Performance obligations will be suspended during the force majeure event and resume when circumstances permit.
13. Dispute Resolution and Arbitration
Mandatory Arbitration
ANY DISPUTE ARISING FROM OR RELATING TO THESE TERMS OR OUR SERVICES WILL BE RESOLVED BY BINDING ARBITRATION, RATHER THAN IN COURT.
- Arbitration will be conducted under the Commercial Arbitration Rules of the American Arbitration Association
- Arbitration will take place in Alameda County, California
- The arbitrator's decision will be final and binding
- Each party will bear their own costs and attorneys' fees
- Class action waiver: disputes must be resolved individually
Exceptions to Arbitration
The following disputes are exempt from mandatory arbitration:
- Small claims court actions (under jurisdictional limits)
- Intellectual property disputes requiring injunctive relief
- Collection actions for unpaid invoices under $10,000
- Actions to enforce arbitration awards
Informal Resolution
Before initiating arbitration, parties agree to attempt informal resolution through direct negotiation for at least 30 days. Notice of disputes must be sent to hi@cubitpackaging.com.
14. Governing Law and Jurisdiction
These Terms are governed by the laws of the State of California, without regard to conflict of law principles. Any legal actions not subject to arbitration must be brought in the state or federal courts located in Alameda County, California. You consent to the personal jurisdiction of these courts and waive any objection to venue.
15. Privacy and Data Protection
Our collection, use, and protection of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using our services, you consent to our privacy practices as described in the Privacy Policy.
16. Term and Termination
Term
These Terms remain in effect until terminated by either party. Individual orders are governed by these Terms until fulfilled or properly cancelled.
Termination Rights
We may terminate your access to our services immediately for:
- Breach of these Terms or our policies
- Non-payment or payment disputes
- Fraudulent or illegal activity
- Violation of intellectual property rights
- Abusive or inappropriate conduct
Effects of Termination
Upon termination:
- Your right to use our services immediately ceases
- Outstanding orders may be cancelled or completed at our discretion
- Payment obligations for completed work remain due
- Confidentiality and indemnification obligations survive
- We may retain information as required by law or business needs
17. Confidentiality
We respect the confidential nature of your business information and agree to maintain confidentiality of proprietary information shared in connection with our services. This includes product specifications, pricing information, and business strategies. We may use general knowledge and experience gained in providing services but will not disclose specific confidential information without your consent.
18. Compliance and Regulatory Matters
Customer Compliance
Customer is responsible for ensuring their products and packaging comply with all applicable laws and regulations, including:
- FDA regulations for food contact materials
- Consumer product safety requirements
- Environmental and recycling regulations
- Labeling and disclosure requirements
- Import/export regulations
- Industry-specific compliance standards
Material Safety
We provide material safety data sheets (MSDS) and compliance documentation when available. Customer is responsible for determining suitability for their specific applications and ensuring compliance with applicable regulations.
19. General Provisions
Entire Agreement
These Terms, together with our Privacy Policy and any written agreements, constitute the entire agreement between the parties and supersede all prior or contemporaneous communications, whether written or oral.
Severability
If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions will remain in full force and effect. Invalid provisions will be modified to the minimum extent necessary to make them enforceable.
Waiver
Our failure to enforce any provision of these Terms does not constitute a waiver of that provision or any other provision. Waivers must be in writing and signed by authorized representatives.
Assignment
You may not assign these Terms or any rights hereunder without our written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.
Survival
Provisions that by their nature should survive termination will survive, including warranty disclaimers, liability limitations, indemnification, confidentiality, and dispute resolution provisions.
Notices
All notices must be in writing and sent to the addresses specified in our records. Email notices are acceptable for routine communications but legal notices require certified mail or equivalent delivery confirmation.
20. Contact Information
If you have any questions about these Terms of Service or need to contact us regarding any matter, please reach out:
Cubit Packaging
Legal Department
Email: hi@cubitpackaging.com
Phone: 510-203-8855
Address: Fremont, CA, United States
Website: cubitpackaging.com
For legal matters, please use the subject line "Terms of Service" to ensure proper routing and prompt attention.
By using our services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.