Terms of Service
Terms of Service
Customer acknowledgement:
I have verified that spelling and content are correct. I am satisfied with the document layout. I understand that my document will print EXACTLY as it appears here, that I may not be able to make any changes once my order is placed and that I assume all responsibility for typographical errors. By submitting my order to Cubitz I agree to the Cubitz Terms and Conditions set out below.
CUBITZ TERMS AND CONDITIONS:
IMPORTANT NOTICE
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY ACCESSING THIS WEB-SITE YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS STATED BELOW. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS STATED BELOW, PLEASE DO NOT ACCESS THIS WEB-SITE. Cubitz RESERVES THE RIGHT TO CHANGE, MODIFY OR AMEND THESE TERMS AND CONDITIONS WITHOUT ANY NOTICE.
1. ORDER APPROVAL
Customer is fully responsible for final proof and layout approval prior to the printing process. Cubitz is NOT LIABLE for errors in a final product caused by any of the following reasons: Language and grammar, graphics, bleeds, damaged fonts, overprinting, form fields, files not built to template or page order.
2. COPYRIGHT
All material used/found in this Website or used in production of your order is subject to Copyright. All rights are reserved worldwide. It is strictly prohibited to redistribute, copy or republish any of the material and software contained on the Cubitz web site and/or its subsidiaries (referred to herein as Cubitz) or the copyrighted property of parties from whom Cubitz has licensed such property. The Customer (sometimes referred to for convenience as "you") may not place or reproduce any trademarks, service marks, or logos that are not owned by you or licensed to you onto materials and merchandise to be printed via the Cubitz Service. Words, names, and designs used to identify services or products are considered trademarks, service marks, and/or logos. The same policy is applicable for copyrights. You cannot use unlicensed copyrighted materials from photographers, artists, publishers, composers, writers, and other authors of original works. The copyright owner's exclusive rights prohibit the reproduction of any original work. Cubitz policy also states that you cannot use explicit language or pornography on printed materials and merchandise.
3. CUSTOMER CONTENT
All information, data, text, photographs, graphics, messages or other materials supplied by the customer ("Content") are the sole responsibility of the customer. Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content, you agree to not use the Service to send, upload, post or otherwise transmit any Content that contains (i) child pornography or anything indecent, obscene, lewd, lascivious, filthy or vile; (ii) a threat to kidnap or injure a person, a threat to injure the personal property or reputation of another person, a threat to accuse any person of a crime, a threat to inform another that a person has violated any law of Canada or the United States, or a threat of blackmail; (iii) any matter advocating or urging treason, insurrection, or forcible resistance to any law of Canada or the United States; (iv) any defamatory remarks directed at any other person or company; or (v) any content that infringes the intellectual property rights or other proprietary rights of Cubitz or any third party. Cubitz does not control the Content uploaded by Customers and does not guarantee the accuracy, integrity or quality of the Content. Under no circumstances will Cubitz be liable to you in any way for any Content you may be exposed to that you may find offensive, indecent or objectionable. Products and services, are provided for your personal use only. You agree to abide by these terms of service and not to use these products and services or related messages for any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation. You agree that you are responsible for protecting your password and controlling access to your registered account. You agree that you will be responsible for all orders placed or other actions that are taken through your registered account.
You acknowledge that Cubitz does not pre-screen Content, but that Cubitz and its affiliates shall have the right (but not the obligation) in their sole discretion to remove any Content that violates the terms of service or may otherwise be objectionable. You further acknowledge and agree that Cubitz may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the terms of service; (c) respond to claims that the Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Cubitz, its users and the public.
4. GOVERNING LAW
Any legal action or proceeding relating to or arising from your access to or use of this Site shall be instituted in Ontario. You agree to submit to the jurisdiction of Ontario courts and agree that venue in these courts is proper in any such legal action or proceeding.
5. LIMITATION OF LIABILITY
In no event shall Cubitz or its licensors, suppliers, or vendors, their officers, directors, employees, or agents, be liable for any special, incidental, indirect, or consequential damages of any kind, or for any damages whatsoever resulting from loss of use, data or profits, whether or not Cubitz has been advised of possibility of the damage, arising out of or in connection with the use or performance of the site or of failure to provide services that you order from Cubitz or its affiliates, including without limitation, damages arising from mistake, omission, virus, delay, or interruption of service. In no event shall Cubitz be liable or responsible for any damages or consequences arising from or related to your inappropriate or unauthorized use of the site or its content. Cubitz reserves the right to refuse service without disclosing a reason.
6. INDEMNITY
You agree that you shall indemnify and defend Cubitz and all parties from whom Cubitz has licensed portions of Content, and their directors, officers, and employees, against all claims, liability, damages, costs and expenses, including reasonable legal fees and expenses arising out of or related to (i) your breach of these Terms of Use or (ii) any suit, claim, or demand arising from or relating to any text, photograph, image, graphic or other material you incorporated into Products.
7. CUSTOMER SUBMITTED ARTWORK OR GRAPHICS
All artwork or designs and images must be provided in CMYK format. Cubitz is not responsible for any color shift that occurs in conversions from RGB or spot colors to CMYK color modes. All artwork, designs and images must be provided in minimum of 300 DPI and CMYK color mode. Cubitz is not responsible for images printed as fuzzy, distorted or pixilated due to customer provided artwork.
8. COLOR PROOFING AND MATCHING
Cubitz is not liable for color matching or ink density on screen proofs approved by the customers. Screen proofs will predict design layout, text accuracy, image proportion and placement, but not color or density. While Cubitz will try its best to match the gradient density of each color, Cubitz is not liable for the final appearance of a color. Stock and coating, especially uncoated stock, may effect or change the appearance of the printed colors. Cubitz is not liable for the final color appearance of its products.
Because of differences in equipment, paper and inks and other conditions between color proofing and production pressroom operations, a reasonable variation in color between color proofs and the completed job is expected, unavoidable and shall constitute an acceptable delivery. Cubitz will make every effort to produce a reasonable representation based on materials supplied by the customer; however, Cubitz does not guarantee color matching. Unfortunately time to time there is a misrepresentation of color due to soft proofing because of calibration of one monitor to another.
9. TRIMMING AND FOLDING
While Cubitz will try its best to trim and fold each job accurately as per the order specs and artwork, Cubitz is not liable for up to 0.0625" of trimming and folding variance on each side. The design of the artwork should not be dependent on exact trimming or fold dimensions.
10. ORDER CANCELLATION
Orders are eligible for cancellation upon request via support ticket until the commencement of imposition, subject to applicable cancellation charges. A store credit, e-transfer or credit card refund will be issued with a value equal to the cancelled job(s). If a job is cancelled charges for any labor hours (proof, file adjustment, etc.) or administrative fees (credit cards fees, etc.) will be subtracted from your credit. In cases where a job is already imposed but cancellation may still be possible, a minimum cancellation charge of $30 per job is required. Once the order has been placed successfully, No Refunds are issued for file adjustment services. Canceled order require compensation for incurred costs and related obligations. No cancellations are available after the proof have been approved.
11. RETURNS AND REFUNDS
Since each order is unique to each customer and has no re-sale value, All Sales Are Final. If we verify that we made an error, we will reprint the order or issue a credit or refund accordingly. Customer must notify Cubitz within 10 business days of receiving order to notify us of any defects discovered in the ordered product failing which Customer is deemed satisfied with the product. We may occasionally request that we pick up the printed material in full prior to issuing the reprint, credit, or refund. There are NO Refunds on file purchases. Installation refunds may vary depending on the circumstance. If a refund is requested on an install we may refund the entire installation (however this would also mean that we would remove the installation). We may also reinstall at no charge or with a partial refund depending on the circumstance which is subject to Cubitz approval.
12. ORDER SHIPPING AND DELIVERY
Please note that all turnaround times are estimates. While Cubitz will use reasonable efforts to prevent delay of delivery schedules, in no case shall Cubitz be liable for any consequential or damages resulting from any delay in shipment or delivery. Orders are F.O.B. the Cubitz Plant, and customer shall have recourse only to its selected courier for any shipping issues. Cubitz shall not be liable for delays in shipments caused by weather conditions, shipping company delays, international customs issues or any other circumstances. Unexpected equipment failure, malfunction and or technical problems may delay the printing process. In case of delay caused by technical difficulty, rush charges/fees will be refunded or waived where applicable. However, technical difficulty will not be the grounds for order cancellation.
13. CUSTOMER SUPPLIED INCORRECT ADDRESS
When a package is returned to Cubitz due to an error made by the customer in submitting the proper shipping address, to Cubitz will reship the package with corrected address and charge an additional shipping fee for the shipment.
14 LINKS TO THIRD PARTY SITES:
The links throughout this site may let you leave Cubitz's site. The linked sites are not under the control of Cubitz and Cubitz is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. Cubitz is not responsible for webcasting or any other form of transmission received from any linked site. Cubitz is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Cubitz of the site.
15. OVERRUNS AND UNDERRUNS
Overruns and underruns not to exceed 5% of quantity ordered shall constitute an acceptable delivery.
16. INDEMNIFICATION
The customer affirms ownership or publication rights to all artwork, photos and other materials submitted for printing and agrees to indemnify and hold harmless Cubitz from any and all loss, cost, expense and damages on account of any and all manner of claims, demands, actions and proceeding that may be instituted against Cubitz on grounds that printing violates any copyright or any proprietary right of any person, or that it contains any matter that is libelous or scandalous, or invades any persons right to privacy or other personal right, except to the extent that Cubitz contributed to the matter. The customer agrees to, at the customer's own expense, promptly defend and continue the defense of any such claim, demand, action or proceeding that may be brought against Cubitz provided that Cubitz shall promptly notify the customer with respect thereto.
17. PAYMENT INFORMATION
Cubitz does not record, keep, or hold any credit card information on our servers, Stripe, Square and Paypal are responsible for that. Cubitz only records and holds information on jobs ordered: docket number, qty, paper type finishing, file and shipping info.
18. NON SOLICITATION
Customer and/or any of its affiliates shall not, without prior written consent, directly or indirectly solicit any employee, contractor or consultant of Cubitz Printing and/or any of its affiliates for a period of two (2) years after last order that has submitted to Cubitz Printing.
19. QUOTATION
A quotation that is not accepted within 30 days may be changed if product value increases not limited to inflation, lack of material etc.
20. PRODUCTION SCHEDULES
Production schedules will be established and followed by both the customer and provider. In the event that production schedules are not adhered to by the customer, delivery dates will be subject to renegotiation. There will be no liability or penalty for delays due to state of war, riot, civil disorder, fire, strikes, accidents, action of government or civil authority, acts of God, or other causes beyond the control of the provider. In such cases, schedules will be extended by an amount of time equal to the delay incurred.
21. PRODUCTION SCHEDULES
The provider will retain intermediate materials until the related end product has been accepted by the customer. If requested by the customer, intermediate materials will be stored for an additional period at additional charge. The provider is not liable for any loss or damage to stored material beyond what is recoverable by provider's fire and extended insurance coverage.
22. TAXES
All amounts due for taxes and assessments will be added to the customer's invoice and are the responsibility of the customer. No tax exemption will be granted unless the customer's "Exemption Certificate" (or other official proof of exemption) accompanies the purchase order. If, after the customer has paid the invoice, it is determined that more tax is due, then the customer must promptly remit the required taxes to the taxing authority, or immediately reimburse the provider for any additional taxes paid.
23. OVER RUNS OR UNDER RUNS
Over-runs or under-runs will not exceed 10 percent of the quantity ordered.
24. CUSTOMER INFORMATION
Customer information once an account is created are kept on file for 6 years for CRA and income tax purposes. This information is only shared by government officials or if it is required by law. Otherwise this information is only shared to Cubitz employees if necessary.