General Terms and Conditions
Cloud Based VoIP Terms and Conditions
Shipping and Returns
Privacy Policy

Terms and Conditions of Use

Please read the following Terms and Conditions of use carefully before using this website

All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.

Qubic® reserves the right to adjust prices and policies at any time. If the website displays an incorrect price, we reserve the right to cancel your order and provide a refund or adjust to the current price.

Copyright

The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Qubic. The collective work includes works that are licensed to Qubic. Copyright 2017, Qubic ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Qubic or purchasing Qubic products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with Qubic or to purchase Qubic products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by Qubic. You further agree not to change or delete any proprietary notices from materials downloaded from the site.

Trademarks

Qubic™ is a registered trademark of Qubic, Inc. All trademarks, service marks and trade names of Qubic used in the site are trademarks or registered trademarks of Qubic, Inc. Only Qubic and its authorized resellers and licensees may use the Qubic Logo in advertising, promotional, and sales materials. Use of the Qubic Logo for commercial purposes without the prior written consent of Qubic may constitute trademark infringement and unfair competition in violation of federal and state laws. Use of Qubic trademarks may be prohibited, unless expressly authorized.

Warranty Disclaimer

This site and the materials and products on this site are provided “as is” and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Qubic disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Qubic does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Qubic does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.

Limitation of Liability

Qubic shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if Qubic has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Typographical Errors

In the event that a Qubic product is mistakenly listed at an incorrect price, Qubic reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Qubic reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Qubic shall issue a credit to your credit card account in the amount of the incorrect price.

Termination

These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Qubic without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.

Notice

Qubic may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Qubic.

Miscellaneous

Your use of this site shall be governed in all respects by the laws of the state of California, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of Qubic products) shall be in the state or federal courts located in Orange County, California. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Qubic products) must be commenced within one (1) year after the claim or cause of action arises. Qubic’s failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Qubic may assign its rights and duties under this Agreement to any party at any time without notice to you.

Use of Site

Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Qubic or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.

E-mail Notification

By placing an order via Phone, Fax, Email or Online, you automatically accept all the terms and policies on this website. Please note that while our online system automatically sends an order confirmation, not all internet providers will accept these automatic confirmations as real mail and will cause them to bounce back to the sender or be deleted due to SPAM filters. As a result you may not get a confirmation of your order, but you are still obligated by all of the terms and policies when ordering.

Participation Disclaimer

Qubic does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Qubic is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Qubic reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark, or other intellectual property right of another or (d) offensive or otherwise unacceptable to Qubic in its sole discretion.

Indemnification

You agree to indemnify, defend, and hold harmless Qubic, its officers, directors, employees, agents, licensors and suppliers (collectively the “Service Providers”) from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.

Third-Party Links

In an attempt to provide increased value to our visitors, Qubic may link to sites operated by third parties. However, even if the third party is affiliated with Qubic, Qubic has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Qubic. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Qubic seeks to protect the integrity of its website and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).

Terms and Conditions for Cloud Based VoIP Systems

  1. Scope: Qubic, Inc. and/or its affiliated companies (collectively “Qubic Inc.”) agrees to provide Customer the Tariffed and non-Tariffed Services (collectively “Services”) found in the attached Supplements to this Master Service Agreement (“Agreement”). Tariffed Services, pursuant to Tariffs filed with state regulatroy agencies having jurisdiction over the Services, and the Federal Communication (FCC) will be provided in accordance with provisions of Qubic Inc. effective state and federal tariffs, which are hereby made a part of this agreement. Customer agrees to pay Services and abide by all terms contained in this Agreement and Qubic Inc. tariffs. If tariffsfor any Services are cancelled as a result of regulatroy action during the term of this Agreement, Qubic Inc. will publish a Service Publication and Price Guide (“Publication”), which will be accessible at Qubic Inc. Internet web-site (http://www.Qubic.com), setting forth the rates, terms and conditions which are applicable (previously contained in such tariffs). This Publication shall be deemed to be incorporated herin by reference and may be modified by Qubic Inc. from time to time and thereby affect the service furnished to Customer. This Agreement is subject to credit approval by Qubic Inc. in its sole discretion.
  2. Payment Terms: You agree to pay all applicable, undisputed fees for the Services as set forth on the invoice. Any and all payments you make to us for access to the Services are final. You are responsible for all fees and charges imposed by your voice and data transmission providers related to your access and use of the Services. You are responsible for providing accurate and current billing, contact and payment information to us or any reseller. You agree that we may take steps to verify whether your payment method is valid, charge your payment card or bill you for all amounts due for your use of the Services, and automatically update your payment card information using software designed to do so in the event your payment card on file is no longer valid. You agree that your credit card information and related personal data may be provided to third parties for payment processing and fraud prevention purposes. We may suspend or terminate your Services if at any time we determine that your payment information is inaccurate or not current, and you are responsible for fees and overdraft charges that we may incur when we charge your card for payment. We will not agree to submit invoices via any customer procure-to-pay online portal or Electronic Data Interchange (EDI) portals. We reserve the right to update the price for Services at any time after your Initial Term, and price changes will be effective as of your next billing cycle. We will notify you of any price changes by publishing on our website, emailing, quoting or invoicing you. Invoice for Services are due and payable in U.S. dollars upon receipt. If any invoice is not paid by past Due Date, Qubic Inc. may:
    1. apply a late charge;
    2. require an additional Security Deposit or other form of security; and/or
    3. take any action in connection with any other right or remedy Qubic Inc. may have under this Agreement and its tariffs, whether at law, or in equity, including the disconnection of service.
  3. Billing Disputes: If Customer in good faith submits a qualified dispute for any portion of any Qubic Inc. invoice, Customer shall submit to Qubic Inc. full payment of the undisputed portion of the invoice and written documentation identifying and substantiating the disputed amount. Disputes must be received by Qubic Inc. within (60) days of Due Date or Customer’s right to any billing adjustment shall be waived. A qualified dispute shall be determined by Qubic Inc. in its sole discretion.
  4. Notices: All notices and other communications hereunder, including notices of breach of this Agreement, shall be in writing and shall be deemed to have been duly given as the date of delivery or confirmed facsimile transmission. If mailed, notice shall be sent first class postage prepaid, certified or registered mail, return receipt requested and becomes effective upon confirmed delivery. Notices will be delivered or sent to the parties’ respective addresses set forth on the signature page of this Agreement to the attention of the following persons:
    1. If to Qubic Inc. : Attention: Contract Administration
      22 Vine
      Irvine, CA 92620
      USA
    2. If to Customer: Attention: [Customer]
  5. Events of Default: A “Default” shall occur if (a) Customer fails to make payment as required under this Agreement and such failure remains uncorrected for seven (7) calendar days after written notice from Qubic Inc.; or (b) either party fails to perform or observe any material term or obligation(other than making payment) contained in this Agreement, and any such failure remains uncorrected for thirty (30) calendar days after written notice from the non-defaulting party informing the defaulting party of such failure. If Customer uses the Services for any unlawful purpose or in any unlawful manner, Qubic Inc. shall have the right to immediately suspend and/or terminate any or all Services hereunder without notice to Customer.
  6. Customer Default: In the event of a Customer Default for any reason, Qubic Inc. may: (i) suspend Service to Customer; (ii) cease accepting or processing orders for Services and/or; (iii) terminate this Agreement. If this Agreement is terminated due to a Customer Default, such termination shall not affect or reduce Customer’s minimum monthly commitments required under this Agreement, if applicable, and all Early Termination Charges shall apply. Customer agrees to pay Qubic Inc. reasonable expenses (including attorney and collection agency fees) incurred in enforcing Qubic Inc. rights in the event of a Customer Default.
  7. Qubic’s Default: In the event of a Qubic Inc. Default, Customer may terminate this Agreement without incurring Early termination Charges. Customer will, however, remain liable for all charges incurred for Services provided prior to Customer’s termination of this Agreement.
  8. Term: This Agreement defines the Term of each Supplement, which shall be a month-to-month term from the effective date of each Supplement (“initial Term”). Each Supplement will be automatically renewed for an equivalent Term (“renewal Term”) upon expiration of the Initial Term or the immediately proceeding Renewal term, unless (i) earlier terminated; or (ii) written notice has been given by either party at least 2 weeks prior to the end of the then current Term, that such party does not consent to renewal. “Term shall mean the “Initial Term” and all “Renewal Terms” collectively. The term of this contract shall begin on the date that all services contracted for are installed. All provisions of this contract shall be considered as separate terms and conditions. In the event any one provision is deemed illegal, invalid or unenforceable, all of the other provisions shall remain lawful and enforceable as if the illegal, invalid or unenforceable provision were not a part hereof.
  9. Certifications: Customer hereby represents and warrants that it is certified to do business in all jurisdictions in which it will be utilizing Qubic Inc. Services.
  10. Additional Assurances: If at any time during the term of this Agreement there is a material and adverse change in a Customer’s financial condition, which shall be determined by Qubic Inc. in its sole discretion, then Qubic Inc. may require a deposit or increase the amount of an existing Customer deposit. If Customer refuses to provide such deposits, Qubic Inc. may terminate this Agreement. In such an event, all unpaid invoice amounts will be due immediately as will early termination and cancellation charges.
  11. Assignment: Customer may not assign this Agreement without the express written consent of Qubic Inc. which consent shall not be unreasonably withheld.
  12. Waiver of Breach or Violation not Deemed Continuing: The waiver by either party of a breach or violation of any provision of this Agreement shall not operate as or be construed to be a waiver of any subsequent breach hereof.
  13. Regulatory: Customer shall be responsible for all sales, gross receipts, use, excise and other federal, state and local taxes, charges and assessments, which will be separately listed on each invoice along with any fees or surcharges applicable to the Services.
  14. Business Relationship: This Agreement shall not create any agency, employment, joint venture, partnership, representation, or fiduciary relationship between the parties. Neither party shall have the authority to, nor shall any party attempt to, create any obligation on behalf of the other party.
  15. System Maintenance: In the event Qubic Inc. determines that it is necessary to interrupt Services or that there is a potential for Services to be interrupted for the performance of system maintenance, Qubic Inc. will used good faith efforts to notify Customer prior to the performance of such maintenance. In no event shall interruption for system maintenance constitute a failure of performance by Qubic Inc.
  16. Qubic Inc. Property: Any equipment including all associated software (collectively “equipment”) installed by Qubic Inc. at the Customer’s premises remains the personal property of Qubic Inc., and nothing contained in this Agreement shall give or convey to Customer any right, title or interest whatsoever in such Equipment. Customer agrees not to interfere with or damage the Equipment, and further agrees to reimburse Qubic Inc. for any loss or damage thereto that is caused by the international or negligent acts of Customer, its agents, employees, authorized users or representatives. Customer will allow Qubic Inc. to promptly remove the Equipment from Customer’s premises upon termination of the Services for which the equipment was installed.
  17. Warranty, Disclaimer, Limitation of Liability and Indemnity: For purposes of this Section, the term “Qubic Inc.” shall be deemed to include Qubic Inc., its affiliates, shareholders, directors, officers and employees, and any person or entity assisting Qubic Inc. in its performance pursuant to this Agreement.
    1. WARRANTY DISCLAIMER.  WE WARRANT THAT THE SERVICES WILL CONFORM TO THE SERVICE DESCRIPTIONS UNDER NORMAL USE. WE DO NOT REPRESENT OR WARRANT THAT (i) THE USE OF OUR SERVICES WILL BE TIMELY, UNINTERRUPTED OR ERROR FREE, OR OPERATE IN COMBINATION WITH ANY SPECIFIC HARDWARE, SOFTWARE, SYSTEM OR DATA, (ii) OUR SERVICES WILL MEET YOUR REQUIREMENTS, OR (iii) ALL ERRORS OR DEFECTS WILL BE CORRECTED. USE OF THE SERVICES IS AT YOUR SOLE RISK. OUR ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY UNDER THIS WARRANTY WILL BE, AT OUR SOLE OPTION AND SUBJECT TO APPLICABLE LAW, TO PROVIDE CONFORMING SERVICES, OR TO TERMINATE THE NON-CONFORMING SERVICES OR THE APPLICABLE ORDER, AND PROVIDE A PRO-RATED REFUND OF ANY PREPAID FEES FROM THE PERIOD OF NON-CONFORMANCE THROUGH THE END OF THE REMAINING TERM. TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES AND CONDITIONS, THEREFORE SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO CUSTOMERS LOCATED IN THOSE JURISDICTIONS.
    2. Qubic Inc. shall not be liable for any act, omission of any other entity furnishing Customer with facilities or equipment used with the Services, nor shall Qubic Inc. be liable for any damages or losses due in whole or in part to the fault or negligence of Customer or due in whole or in part to the failure of Customer-provided equipment or facilities.
    3.  LIMITATION OF LIABILITY. NOTWITHSTANDING THE PROVISIONS OF SUBPARAGRAPH (a), Qubic INC.’S TOTAL LIABILITY IN CONNECTION WITH THIS AGREEMENT SHALL IN NO EVENT EXCEED THE LESSER OF (1) DIRECT DAMGAGES PROVEN BY CUSTOMER, OR (2) THE AGGREGATE AMOUNTS PAIDBY CUSTOMER TO DMR COMMUNICATION INC. FOR THE THREE MONTH PERIOD PRIOR TO ACCRUAL OF SUCH CAUSE OF ACTION FOR THE SPECIFIC PRODUCT OR SERVICE WHICH FORMS THE BASIS FOR SUCH CAUSE OF ACTION, (3) IN THE CASE OF TARIFFED SERVICES, THE CREDITS AVAILABLE TO CUSTOMER UNDER Qubic INC.’S THEN STANDARD TARIFFIED LIMITATION OF LIABILITY. THE FOREGOING LIMITATION APPLIES TO ALL CAUSES OF ACTION AND CLAIMS, INCLUDING WITHOUT LIMITATION, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION AND OTHER TORTS. FURTHER Qubic INC.’S LIABILITY WITH RESPECT TO INDIVIDUAL Qubic INC. SERVICES MAY ALSO BE LIMITED PURSUANT TO THE TERMS AND CONDITIONS OF THE APPLICABLE SUPPLEMENTS. CUSTOMER ACKNOWLEDGES AND ACCEPTS THE REASONABLENESS OF THE FORGOING DISCLAIMERS AND LIMITATIONS OF LIABILITY. NO CAUSE OF ACTION UNDER ANY THEORY WHICH ACCRUED MORE THAN ONE (1) YEAR PRIOR TO THE INSTITUTION OF A LEGAL PROCEEDING ALLEGING SUCH CAUSE OF ACTION MAY BE ASSERTED BY EITHER PARTY AGAINST THE OTHER.
    4.  Indemnification: Customer will defend, at its own expense, and indemnify and hold harmless Qubic Inc. (including its officers, directors, employees, agents, and contractors) from any claims, suits, liabilities, losses, damages and expenses (including reasonable attorneys’ fees and costs), asserted against or incurred by Qubic inc. arising out of or relating to: (a) Customer’s acts, omissions and/or breach of its obligations hereunder; (b) use of any Services or related products and documentation provided to Customer hereunder; and (c) Customer’s connection of any Qubic Inc. product or service to any third party service or network, including without limitation, damages resulting from unauthorized use of, or access to, Qubic Inc. network . Notwithstanding any other provision of this Agreement, Customer shall pay all damages, settlements, expenses and costs, including costs of investigation, court costs and reasonable attorneys’ fees and costs incurred by Qubic Inc. as set forth in this Section, including, without limitation reasonable attorneys’ fees and costs) incurred in enforcing this Agreement or Customer’s use of the Services.
  18. Force Majeure: Qubic Inc. shall not be liable for any failure of performance hereunder due to causes beyond its reasonable control including, but not limited to; acts of God, fire, explosion, vandalism, cable cut, problems within RBOC or ILEC networks, flood, storm, or other similar catastrophe; any law, order, regulation, direction, action or request of the United States government, including state and local governments having jurisdiction over either of the parties, or any department, agency, commission, court, bureau, corporation or other instrumentality of any one or more of said governments, or of any civil or military authority; national emergencies; insurrections; riots; terrorist actions; wars; or strikes, lock outs, or work stoppages.
  19. Underutilization and Early Termination Charges: Underutilization Charges: Monthly Recurring Commitments (“MRC”) apply. MVC is defined as the average of the third and fourth months’ invoices from the effective date of each Supplement. If at the end of any month, Customer’s Service charges fail to meet or exceed the MRCs, Customer shall pay, in addition to all other charges under Agreement, the difference between the MRC and Customer’s invoice during such month.
  20. Initial Service Availability: Initial service availability and implementation time frames are subject to infrastructure availability and cannot be guaranteed. Charges apply when Qubic completes installation and makes the service(s) available to the Customer for use.
  21. Early Termination Charges Prior to Service Installation: If Customer terminates Agreement prior to installation date for Tariffed Services, 100% of Installation Charges will apply, even if those charges had been initially waived.
  22. Early Termination Charges After Service Installation: Early termination charges apply if, 1) Customer terminates this Agreement prior to the expiration of any Term, for reasons other than for a Qubic Inc.’s Default; or 2) Qubic Inc. terminates this Agreement as a result of a Customer Default, Customer will be required to pay, as an Early Termination Charge, and not as a penalty, pro rata basis for the remainder of the Term.
  23. Interruption of Service: Customer may cancel this agreement within the first thirty (30) days of the installation date without incurring termination liability, if Customer experiences service interruptions or service related problems that Qubic is unable to correct within thirty (30) days of written notice by Customer.
  24. Cancelling Prior Services: The Customer understands that in canceling services currently provided by its existing provider, it may be assessed termination, disconnection or other charges by such existing service provider. Payment of such termination, disconnection or other charges shall be the sole responsibility of Customer.
  25. Moving Locations: A Qubic Customer with an existing service contract with Qubic may request to move their services to a new location within the Qubic service area, without incurring termination liability charges, if the entire set of service subject to the contract are moved to the new location.
  26. Costs of Service and Regulatory Requirements:In the event that changes to regulatory requirements or conditions increase Qubic’s costs of providing service, then Qubic reserves the right upon two (2) weeks written notice to Customer to increase the price of any service provided under this contract by an amount sufficient to enable Qubic to recover its increased costs resulting from said changed regulatory requirements or conditions. In the alternative, Qubic reserves the right to discontinue service to Customer upon two (2) weeks written notice if its costs of providing service increase as a result of changes to regulatory requirements or conditions. In the event that Qubic increases any rate pursuant to this provision, then Customer may discontinue the affected service without payment of any early termination payment requirement otherwise applicable, provided that Customer affords Qubic not less than two (2) weeks written notice of its intent.
  27. Indirect, Special, and Consequential Damages: In no way will Qubic be held responsible for indirect, special or consequential damages resulting from the use of the above described property or implementation of this agreement.
  28. Legal Construction: In the event on or more of the provisions contained in this Agreement shall, for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision hereof, and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein.
  29. Survival: The covenants and agreements of Customer contained in this Agreement with respect to payment of amounts due, confidentiality, liability, and indemnification shall survive any termination of this Agreement. The rights and obligations under this Agreement shall survive any merger or sale of either party and shall be binding upon the successors and permitted assigns.
  30. Waiver: Under no circumstance shall the failure of Qubic Inc. to enforce any provision of this Agreement in any particular instance be construed as a waiver of that provision.
  31. Entire Agreement/ Amendments/ Riders: This Agreement (and all other documents specifically referred to herin) constitute the entire and final agreement and understanding between the parties with respect to its subject matter and supersedes all other and prior representations, understandings or agreeemnets relating to such subject matter, which are of no further force of effect. The Supplemetns referred to herin are integral parts of this Agreement and are hereby made a part of this Agreement. This Agreement may only be modified or supplemented by any instrument in writing executed by each party. customer represents that it has the authority to execute this Agreement.
  32. Governing Law: This Agreement is deemed to be entered into in the State of California and shall not become a binding obligation of Qubic Inc. until it has been executed by an officer, employee, independent contractor or personal of Qubic Inc.. The parties agree that nay dispute arising under this agreement shall be governed by and construed in accordance with the laws of the State of California and both parties agree to the jurisdiction of California state and federal courts. this Agreement is also subject to, and Customer agrees to comply with, all local laws, and regulations, rulings, and orders of local, state and federal governmental agencies, including but not limited to the Communications Act of 1934, the Telecommunications Act of 1996, and rules and regulations of the Federal Communications Commission and California Public Utilities Commission. Customer acknowledges that some of the services, which are the subject of the Agreement, are not subject to regulation or Qubic Inc. Tariffs, and that Customer and Qubic Inc. may alter the terms of the tariffs by this Agreement.
  33. Attorney’s Fees and Collection: Qubic may hire or pay a third party for collection of charges under this contract in the event Customer does not pay by the due date for charges. Customer will pay Qubic amounts past due plus Qubic attorney’s fees, collection fees and other legal expenses including, but not limited to court costs. Liability for legal expenses and attorney fees applies notwithstanding collection efforts may be settled prior to an actual legal proceeding.

SHIPPING AND RETURNS

SHIPPING POLICY

Domestic & International Shipping Options

We use UPS, FedEx, and USPS (certain restrictions apply) for continental domestic, and International shipments, including Canada, Europe, Latin America, Asia and the US Virgin Islands. However, for non-contiguous states and some international locations USPS is a more cost effective choice, depending on weight of package, this would include Alaska, Hawaii and Puerto Rico.

Delivery Times

The average processing time for an order is 1-3 days, this does not include shipping time. Most orders ship within 48 hours but can take up to 5 business days depending on the amount of volume. During holiday seasons, September to December, expect 4 to 10 business days to process orders. Please note that orders submitted after 12 pm (Pacific Standard Time) may not be processed the same day. To estimate your final delivery date, not including processing time, please use the following guidelines. If you want to get an estimate for processing time, feel free to call us.

UPS DOMESTIC DELIVERY SCHEDULE

Service Shipping Time Guaranteed?
Overnight 1 Business Day Yes *
2-Day 2 Business Day Yes *
3-Day 3 Business Day Yes *
Ground 3 to 6 Business Day Yes *

Total Delivery Time = Processing Time + Shipping Time

* Guaranteed only for orders placed by 10:00 AM Pacific Standard Time (PST) UPS does not count the day the package is shipped out or weekends as a shipping day. They are closed on major holidays and the Friday after Thanksgiving. Also note that these delivery times do not include order processing times, see above for details.

UPS INTERNATIONAL DELIVERY SCHEDULE

UPS WORLDWIDE SERVICE EXPRESS SAVER EXPEDITED
Canada Overnight 2 Business Days
Europe 2 Business Days 3 to 4 Business Days
Latin America 1 to 2 Business Days 2 to 5 Business Days
Asia Pacific 1 to 3 Business Days 4 to 5 Business Days

Total Delivery Time = Processing Time + Shipping Time

Note :

  • International customers are responsible for any and all taxes and duties upon delivery based on local government regulations.
  • Guaranteed for orders placed by 10:00 AM Pacific Standard Time (PST) UPS does not count the day the package is shipped or weekends as a shipping day. They are closed on major holidays and the Friday after Thanksgiving. Also note that these delivery times do not include order processing times, see above for details.

UPS Ground Map for the United States

NOTE: We can not be responsible for damage caused by the shipping company and will not reship your order. While we sympathize, we do our best to pack the item in the most cost effective packaging that will ship without damage.

Incorrect Address / Non Deliverable / Refused Shipments / Address Changes

All returned and/or errors made on orders will be handled in a timely manner. If Qubic has made a shipping error, we will reship your order as quickly as possible via the method you originally chose. If the customer has made an address error, the customer is responsible for the additional shipping or address correction $10 fee costs charged by UPS. If the customer refuses their shipment, the order is considered a non-authorized return and will incur a 50% restocking fee, plus all shipping and handling charges. ALL shipping on orders is non-refundable.

If you place an order via Phone, Fax, Email or Online, you automatically accept all these terms in this Policy section.

Credit Cards

We accept Visa, MasterCard and Debit Cards.

Please note that our online system will automatically authorize your credit card and once your order is sent, it can not be altered in any way. If you forgot something, you will need to place another order for the missing items. This automatic authorization gives you the most protection against fraud by allowing only you to determine the charge to your credit card. We will not be able to alter the charged amounts once the order is processed.

Stock Product Returns

Qubic offers the finest quality products available. Products are guaranteed for up to 12 months from day of purchase.

Damaged, Missing or Lost in Transit Items

While we pack our orders with extreme care, the shipping carrier can sometimes still damage the orders. In that event please inspect all packages at the time of acceptance and should you be missing any products or receive goods damaged in-transit, carefully verify the extent of damage in the presence of the driver, if possible, keeping all packing materials and box intact, then notify Qubic after you have called the shipping carrier at (1-800-PICK UPS) to start a claim or call us and we can help you get your claim started.

If the driver is already gone, then you will need to contact the shipping carrier to inspect the damage or loss to start the claim before a replacement can be sent. New items will be shipped as soon as damaged or missing items have been returned to or verified by Qubic or a Claim number has been issued to us by the carrier.

If you are in a rush, then we suggest that you call us or the carrier immediately to help expedite the process. You must retain the original packing materials until any claim is resolved. If you discard the damaged goods, there may be no refund or credit by the carrier due to the fact that the claim will not be able to be verified.

This process should only take a couple days before new items can be shipped unless the order is lost in transit. Lost items must be traced by the carrier and can take up to 10 days for resolution. Please don’t blame us when the shipper makes this mistake. We will do everything we can to get you your product again, but we must have resolution of status before we can reship.

RETURNS POLICY

Our commitment to you begins from the moment you place your order with us. When you use Qubic products, you can be assured of quality and value in natural body care. If for any reason you are not completely satisfied with your purchase, simply return the merchandise within 15 days of purchase, for a prompt refund.

To return merchandise, please follow these steps:

  1. Call Qubic Customer Service at (949) 444-5820 to notify them of the return.
  2. Ship merchandise to Qubic within 15 days of purchase. Customer is responsible for all shipping charges.
  3. Place the original packing slip (or a copy) and a note with the reason of the return inside the shipping box.
  4. Write the invoice number on your shipping box (print clearly).
  5. Ship to the address below.
  6. Once Qubic receives the returned merchandise, the customer account will be credited within 2 business days.

Send Returns to :

Qubic
Attn: Returns
22 Vine
Irvine, CA 92620
USA

Still Have Questions? Contact Customer Service at 949-444-5820