REGULATORY, CONTENT, AND APPLICATION

HQ PACKAGING makes no claims as to the suitability of its products for any specific application or in any specific legal environment. It is the responsibility of the customer to determine any text or features which may be required by law for their product or jurisdictional area. These specifications include but are not limited: structure/film thickness and composition, presence or absence of tear-notches, any regional interpretation of age-based accessibility guidelines. Likewise, HQ PACKAGING is not responsible for determining the trademark or other intellectual property status of any graphical or textual element. All liability of any sort rests with the customer. HQ PACKAING will hold the customer financially responsible for all costs associated with or arising from the artwork, without respect to the validity of the claim or outcome of the incident. These expenses will be billed according to standard billing terms and conditions defined below.

HQ PACKAGING is not responsible for suggesting material structures based on the content of the artwork. (Real world example: some items are impregnated with alcohol or essential oils which cause “standard” materials to degrade both cosmetically and structurally. It is not the responsibility of HQ PACKAGING to read the ingredients listed on the artwork, or inquire if none are listed, to determine the suitability of any material. If there is any question, always ask in writing.)

It is the sole responsibility of the customer to ensure that bags are printed for a lawful purpose. It is not the responsibility of HQ PACKAGING to verify that the printing, properties, or products related to any of the bags it supplies with any laws at any jurisdictional level.

ARTWORK AND PROOFS

It is the responsibility of the customer to provide artwork in a usable and proper format. While HQ PACKAGING is not primarily a design house, it can provide some assistance, in appropriate cases, either in creating artwork or performing technical modifications to convert existing artwork to a suitable format. It may also provide references to outside designers. Charges for such services will be quoted on a per-job basis, but will be governed by this agreement.

HQ PACKAGING does not proofread artwork for content or spelling. It is the responsibility of the customer to ensure that all text and layout is approved internally before commencing the print job with HQ PACKAGING.

An online proof is NOT an accurate color reproduction of your final printed piece but is the final opportunity for you to check the layout, bleeds, crops and final text. Electronic proofs do not show transparency and over print issues. They also do not show the color change from RGB to CMYK. Therefore, HQ PACKAGING will not be liable for color variation between the proof and the printed product. We will try our best to match the colors of the proof and the printed product but

please understand that color variation differences are inherent inconsistencies of the printing process and we will not be held responsible for it.
The proof should be checked by you against the original file for possible errors in layout, copy, spacing, punctuation or image placement. You, the Customer are fully responsible for all that is contained in the final approved proof, so please make sure you review it thoroughly.

Under these Terms and Conditions, you agree that you will NOT upload any artwork files consisting of the following material: offensive, indecent or improper material, any material that could give rise to any civil or criminal liability under applicable law; and any material that could infringe rights of privacy, publicity, copyrights or other intellectual property rights without the permission of the owner of these rights and the persons who are shown in the material if applicable. You accept full legal liability for the content of material processed and printed on your behalf and under your instructions. We reserve the right to refuse an order without disclosing a reason.

COLOR ACCURACY

Our prepress department checks all submitted artwork files before printing, but you are still 100% responsible for the accuracy of your print-ready artwork files, and we encourage you to proofread all files carefully before submitting to HQ PACKAGING. HQ PACKAGING is not responsible for any issues as to orientation or alignment of the pages of your submitted documents. By submitting the artwork to HQ PACKAGING, you certify that you have the right to use the image(s) in your artwork files. DO NOT send any “one-of-kind” transparencies, prints or artwork. Although we take every precaution to safeguard your materials, we are NOT responsible for loss or damage of images or artwork. HQ PACKAGING is also not responsible for any color shift that occurs in conversions from RGB to CMYK color modes. For submitted artwork, please use CMYK color codes for best printing results.

CUSTOMER CONTENT

All information, data, text, photographs, graphics, messages or other materials are the sole responsibility of the person from which the content originated. By uploading your text and artwork you, the customer, agree to be held entirely responsible for all the content that you send, upload, transmit, or post to HQ PACKAGING. Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content.

You agree not to use our Website 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 the United States, or a threat of blackmail; (iii) any matter advocating or urging treason, insurrection, or forcible resistance to any law of 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 HQ PACKAGING or any third party.

HQ PACKAGING does not control the content provided by customers and does not guarantee the accuracy, integrity or quality of the Content. Under no circumstances will HQ PACKAGING be liable to you in any way for any content you may be exposed to that you may find offensive, indecent or objectionable.

You acknowledge that HQ PACKAGING does not pre-screen content, but that we have the right (but not the obligation) in our sole discretion to remove any content that violates the terms of service or may otherwise be objectionable.

You further acknowledge and agree that HQ PACKAGING 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 HQ PACKAGING, its users and the public.

GRAPHIC DESIGN SERVICES

By ordering and using our graphic design services, you, the customer, agree that all designs created and revised by employees of HQ PACKAGING are the sole intellectual property of HQ PACKAGING, Inc. Therefore, this artwork cannot be released to the customer unless there is a written agreement with payment provided to compensate HQ PACKAGING for releasing its intellectual property and/or transferring over copyright rights.

You further acknowledge and agree that HQ PACKAGING 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 HQ PACKAGING, its users and the public.

PAYMENT, BILLING, AND SHIPPING TERMS

Deposit

Unless previously agreed upon in writing customer shall be responsible for paying 50% of the quoted amount, based on anticipated quantity and shipping amounts. If the job requires unusually large setup fees, these will be factored into the required deposit. Job cannot be considered as started without verified receipt of deposit and acknowledgement by HQ PACKAGING.

Final Payment

Unless previously stated in writing, order will not be released to the customer until final invoice balance, including any additions or reductions for over/under or shipping, has been paid. For any balance not paid within 30 days of issuance of final invoice, or within 30 days of agreed upon due date based on custom payment terms provided by HQ PACKAGING, a FINANCE CHARGE calculated at the maximum rate provided by law is added to delinquent accounts. The finance charge is assessed upon any portion of a monthly billing for which payment is not received by the end of the next calendar month following the date of the billing (a minimum of 30 days). If an account remains unpaid, we are, upon reasonable notice, entitled to discontinue our services. Moreover, in the event we are required to institute legal proceedings to collect fees and costs owed, we shall be entitled to reasonable attorneys’ fees and other costs of collection.

Adjustment for Overage and Underage

Because manufacturing often involves material wastages, rarely will the final number of bags produced be the exact number ordered. While HQ PACKAGING strives to ensure the quantity delivered is as close as possible to the quantity ordered, there is a standard over/under tolerance of +/- 30% for orders of 5,000 pieces (on a per sku basis) and +/- 20% for orders 10,000 or larger (also on a per sku basis). Customer will be billed for exact number delivered, and this will be calculated on the final invoice. If a customer requires a minimum of a certain number of bags to fulfill the terms of a contract or purchase order, it is their responsibility to request a guaranteed minimum in writing from HQ PACKAGING and agree to any modified terms.

Domestic Shipping Terms

All items shipped from HQ PACKAGING warehouse are FOB Los Angeles and billed to the customer unless previously specified and agreed to in writing. It is the responsibility of the customer to inform HQ PACKAGING if their delivery location is not suitable for standard carriers such as FedEx or if they are unable to receive a pallet/freight delivery or need a truck equipped with a liftgate. Any expenses associated with shipping that result in inaccurate or incomplete information from the customer are the responsibility of the customer and will be billed accordingly, with payment due immediately upon receipt.

International Shipping Terms

Any bags airshipped to the customer, directly from the factory or one of its associated shipping agents, will be billed to the customer based on current rates and quoted in advance. Any taxes or duties arising from the importation of the bags are the responsibility of the recipient. All airshipment fees must be paid in advance. All airshipments are considered FOB China (or alternate country of origin). Any expenses arising from incorrect address or inability to deliver / inability to acquire recipient signature, will be the responsibility of the customer. Shipments which are lost or destroyed by carrier after failed delivery attempts, or shipments otherwise lost or abandoned, are the sole responsibility of the customer and will not reduce the amount owed to HQ PACKAGING or warrant any form of refund.

Refund Policy

All custom sales are final and non-refundable. If customer suspects or discovers any defects to the delivered bags, it is their responsibility to notify HQ PACKAGING within 30 days for investigation and remedy as appropriate. Such defects might include variations from the agreed upon proof, or registration issues greater than the standard 2mm variation.

Marketing and Samples

HQ PACKAGING reserves the right to distribute or display the finished product for any purpose as it sees fit, including but not limited to sales and marketing, both physically or electronically, unless agreed upon in writing before the job commences. There is usually a surcharge associated with this service, on a case by case basis.

Customs Seizures

HQ PACKAGING is not responsible for bags detained or destroyed by customs based on the artwork or purpose of the bag. Customer is responsible for the legality of their product, even if it changes after the job begins.

LEAD TIMES

All leadtimes are on a best-efforts basis. While we strive to deliver products to the customer according to the timeline presented to the customer in writing, HQ PACKAGING is not responsible financially or legally for delays caused by events out of its control. Delay or seizure in customs processing is not the responsibility of HQ PACKAGING.

CONFIDENTIALITY AGREEMENT

Confidential Information.

The term “Confidential Information”shall include all information disclosed by Discloser to Recipient whether in oral, written, or graphic or machine-readable form including but not limited to software, computer programs, documentation, products, plans, procedures, prototypes, customer lists, trade secrets, formulas, patents, copyrights, business information, financial information and data, including information relating to pricing, selling and marketing. Confidential Information shall not include any information that: (a) is or becomes publicly known or readily available to the trade or public; (b) is or becomes known to Recipient without breaching this agreement; or (c) is independently developed by Recipient.

Protection Of Confidential Information.

Recipient agrees that the Confidential Information shall at all times remain the property of the Discloser, and that it shall not use the Confidential Information for the benefit of any third party. Recipient agrees to use all reasonable means, not less than those employed by Recipient to preserve and safeguard its own Confidential Information, to maintain the Confidential Information as secret and Confidential. The Confidential Information shall not be disclosed or revealed to anyone except partners or employees of Recipient and to accountants and other professional advisors retained by Recipient who have a need to know the information and who shall be advised by Recipient of the confidential nature of the information and that the information shall be treated accordingly.

Return Of Confidential Information.

Upon written request of Discloser, Recipient shall immediately return to Discloser (or at Discloser’s written request, destroy) all Confidential Information, including any copies thereof, except for an archival copy.

Remedies.

The Recipient acknowledges that if this Agreement is breached, the Discloser could not be made whole by monetary damages. Accordingly, the Discloser, in addition to any other remedy to which it may be entitled by law or in equity, shall be entitled to an injunction to prevent breaches of this Agreement. The Recipient shall reimburse the Discloser for all costs and expenses, including reasonable attorney’s fees, incurred by the Discloser if it successfully enforces the obligations of the Receiver and its representatives hereunder.

No print job will be considered started without all of the following conditions met: artwork proofs

approved, terms and conditions signed, receipt of deposit acknowledged by HQ PACKAING.