Cubicle Kitchens - Terms and Conditions
Effective Date: June 1, 2025
Last Updated: June 9, 2025
These Terms and Conditions (“Agreement”) constitute a legally binding agreement between the Restaurant (“Partner” or “Restaurant”) and T K Nova Inc., a Delaware corporation doing business as Cubicle Kitchens (“Cubicle Kitchens,” “we,” “us,” or “our”), governing the Restaurant’s participation in the Cubicle Kitchens catering marketplace.
By listing your restaurant on our platform and fulfilling orders from Cubicle Kitchens customers, you agree to the terms set forth below.
1. Overview of Services
Cubicle Kitchens is a business-to-business (B2B) catering and delivery marketplace that connects local restaurants to corporate offices, production studios, and small-scale event planners across California. As part of this service, Cubicle Kitchens:
Facilitates customer ordering
Handles all logistics related to delivery and setup
Processes payments on behalf of the Restaurant
Promotes Restaurant offerings through marketing and sales outreach
2. Commission and Payment Terms
Commission Rates:
From June 1, 2025 through September 30, 2025, Cubicle Kitchens will retain a 15% commission on the subtotal (excluding taxes and gratuities) of all completed orders.
Effective October 1, 2025, the commission will increase to 22%unless otherwise agreed in writing.
Payment Schedule:
Cubicle Kitchens will remit payment for completed orders on a bi-weekly basis, less applicable commissions.
Payments will be issued via direct deposit to the bank account provided during onboarding.
The Restaurant is responsible for reporting and paying all applicable taxes on income earned through the platform.
Gratuities:
Any gratuity or tip added by the customer at checkout is collected by Cubicle Kitchens and distributed at our discretion. These gratuities are not remitted to the Restaurant and are typically allocated to delivery staff and support personnel. The Restaurant acknowledges that it will not receive any portion of the gratuity unless otherwise agreed in writing. .
Tax Reporting (1099 Forms):
Cubicle Kitchens treats Restaurant partners as independent business entities. As required by law, Form 1099-NEC will be issued to eligible U.S.-based Restaurants who receive $600 or more in payments within a calendar year. These forms will be made available by February 15th of the following year and delivered electronically or by mail using the information provided during onboarding. The Restaurant is solely responsible for the accuracy of the tax information submitted and for complying with all applicable tax filing obligations.
3. Order Fulfillment & Delivery Standards
Cubicle Kitchens is responsible for coordinating and executing all deliveries, including providing trained delivery drivers.
The Restaurant must ensure that all orders are:
Prepared accurately according to customer specifications
Packaged appropriately for catering delivery (e.g., sealed containers, labeled trays)
Ready for pickup at the confirmed time
Repeated late preparations, missing items, or poor packaging may result in temporary suspension or permanent removal from the platform.
4. Performance Requirements
To maintain platform quality and customer trust, Restaurants are expected to meet the following service benchmarks:
Order Acceptance Rate:
For the first two months after activation on the Cubicle Kitchens platform, the Restaurant must maintain an acceptance rate of at least 85%.
After the initial two-month onboarding period, the minimum order acceptance rate increases to 90%.
Ready-on-Time Rate (Order Preparation Punctuality):
During the first two months, orders must be prepared and ready for pickup on time in at least 85% of cases.
After the two-month period, this rate must be maintained at or above 90%.
Customer Satisfaction:
Restaurants must maintain a satisfactory track record with minimal verified complaints regarding food quality, accuracy, or hygiene.
Failure to meet these performance standards may result in:
A written performance warning
Temporary account suspension
Permanent removal from the Cubicle Kitchens platform
Cubicle Kitchens reserves the right to monitor performance metrics in real time and take corrective action at its sole discretion.
5. Account Suspension and Termination
Cubicle Kitchens reserves the unilateral right to suspend or terminate a Restaurant's participation in the platform at any time, for any of the following reasons:
Failure to meet performance standards
Repeated customer complaints or negative feedback
Legal or regulatory concerns
Any conduct deemed harmful to the Cubicle Kitchens brand, reputation, or customers
Termination will result in:
Immediate deactivation of access to the platform
Payment of any outstanding amounts due (less commission and chargebacks)
No further obligations by Cubicle Kitchens beyond pending payments
Cubicle Kitchens is under no obligation to provide advance notice or reason for termination.
6. Compliance with Laws and Regulations
The Restaurant agrees to remain in full compliance with all applicable federal, state (California), and local laws, including but not limited to:
Food safety and sanitation regulations
Business licenses and permits
Employment and labor laws
Health department certifications
The Restaurant shall indemnify Cubicle Kitchens from any liability arising from noncompliance or violation of any legal requirement by the Restaurant or its staff.
7. Quality Control and Complaint Resolution
To ensure a consistent and reliable customer experience:
All food must be prepared in accordance with health and safety standards
Orders must match the menu descriptions submitted to the platform
Restaurants must respond to Cubicle Kitchens inquiries within 24 hours regarding customer complaints or delivery issues
Cubicle Kitchens may issue refunds, credits, or remove the Restaurant from the platform at its discretion if consistent issues arise.
8. Intellectual Property and Marketing
The Restaurant grants Cubicle Kitchens a non-exclusive, royalty-free license to use the Restaurant’s name, logo, menu items, and photographs for the purposes of marketing, promotion, and listing on the Cubicle Kitchens platform.
Cubicle Kitchens may edit or adapt promotional materials as needed, provided the Restaurant’s brand is presented accurately and professionally.
9. Limitation of Liability
Cubicle Kitchens shall not be liable for any indirect, incidental, punitive, or consequential damages, including loss of profits, arising out of or related to this Agreement, except in cases of gross negligence or willful misconduct.
10. Indemnification and Food Safety Liability
The Restaurant shall be solely responsible for ensuring that all food prepared and delivered through Cubicle Kitchens complies with all applicable health, safety, and sanitation laws and regulations. In the event that any food served by the Restaurant causes illness, injury, or allergic reaction to a customer or third party, the Restaurant agrees to:
In the event that any food served by the Restaurant causes illness, injury, or allergic reaction to a customer or third party, the Restaurant agrees to:
Accept full liability for the incident
Indemnify, defend, and hold harmless Cubicle Kitchens, its parent company, affiliates, employees, and agents from any resulting claims, lawsuits, losses, medical expenses, regulatory penalties, or reputational damages
Cooperate fully with any investigation or legal inquiry related to such an incident
This clause applies regardless of whether the food was delivered by Cubicle Kitchens or another third party, and includes responsibility for:
Improper food handling or storage
Cross-contamination
Mislabeling of allergens or ingredients
Any violation of health codes or regulatory standards
11. Governing Law and Jurisdiction
This Agreement shall be governed by and construed in accordance with the laws of the State of California. Any disputes arising under or in connection with this Agreement shall be subject to the exclusive jurisdiction of the state and federal courts located in Los Angeles County, California.
12. Modifications to Terms
Cubicle Kitchens reserves the right to modify these Terms and Conditions at any time. Updated terms will be posted to the platform and/or sent via email. Continued use of the platform after notice of changes constitutes acceptance of the revised terms.
13. Entire Agreement
This Agreement constitutes the entire understanding between the Restaurant and Cubicle Kitchens with respect to the subject matter herein and supersedes all prior or contemporaneous agreements, proposals, or communications.
14. Chargebacks and Refunds
Cubicle Kitchens strives to ensure a fair experience for both customers and restaurant partners. In the event of a customer refund or chargeback request, Cubicle Kitchens will assess the situation.
If it is reasonably determined that the issue was caused by the Restaurant’s food quality, preparation, or packaging, the Restaurant agrees to issue a full or partial refund equivalent to the value in question.
For orders with missing items, the Restaurant will be responsible for refunding the corresponding portion of the order.
Cubicle Kitchens may deduct refund amounts from upcoming payouts to the Restaurant if the issue is validated. Restaurants will be notified in writing with details before any deductions are made.
15. Menu Accuracy and Representations
The Restaurant is solely responsible for the accuracy of its menu, pricing, item descriptions, photos, and allergen disclosures submitted to Cubicle Kitchens. Any misleading or inaccurate representation that results in customer complaints or legal action will be the full responsibility of the Restaurant. Cubicle Kitchens reserves the right to modify or remove any menu content that violates marketplace standards.
17. Use of External Services
The Restaurant shall not use third-party delivery platforms (e.g., DoorDash, Uber Eats) to fulfill Cubicle Kitchens orders unless expressly authorized in writing. Violation of this policy may result in immediate termination from the platform.
18. Independent Business Relationship
Nothing in this Agreement shall be construed to create a joint venture, agency, partnership, or employment relationship between the Restaurant and Cubicle Kitchens. The Restaurant has no authority to bind or represent Cubicle Kitchens in any capacity.
By participating in the Cubicle Kitchens platform, the Restaurant acknowledges that it has read, understood, and agrees to these Terms and Conditions in full.
