1. Acceptance of Terms

Welcome to Max’s Deli Cafe. By placing an order for catering services with Max’s Deli Cafe (“we,” “us,” or “our”), you (“customer,” “you,” or “your”) agree to be bound by these Terms of Use. Please read these terms carefully before placing your order.

These terms constitute a legally binding agreement between you and Max’s Deli Cafe. If you do not agree to these terms, please do not place an order with us.

2. Ordering Process

2.1 How to Order

Orders can be placed through the following methods:

• Email: catering@maxsdelicafe.com
• Phone: (617) 330-9790
• In Person: 151 Milk Street, Boston, MA 02109

2.2 Order Requirements

• Advance Notice: Standard catering orders require a minimum of 24 hours advance notice. Special items (such as lobster rolls, custom branded desserts, and large buffets) require 48 business hours or more.
• Minimum Orders: Certain items have minimum order quantities, which will be specified in the menu or communicated at the time of ordering.
• Order Confirmation: All orders must be confirmed in writing via email. Verbal orders are subject to availability and confirmation.

2.3 Menu Items and Availability

Menu items, prices, and availability are subject to change without notice. We reserve the right to substitute items of equal or greater value if specific items become unavailable due to supply issues or other circumstances beyond our control.

3. Payment Terms

3.1 Pricing

• All prices are in US Dollars and subject to applicable sales tax
• Prices are subject to change without prior notice
• Special pricing for large orders may be available upon request

3.2 Payment Methods

We accept the following payment methods:

• Credit Cards (Visa, MasterCard, American Express, Discover)
• Debit Cards
• Corporate Accounts (with approved credit application)
• Cash (for in-person orders and pickups)

3.3 Payment Schedule

• Orders Under $500: Payment in full at time of order or upon delivery
• Orders Over $500: 50% deposit required at time of order, balance due upon delivery
• Corporate Accounts: Net 15 terms available for approved corporate accounts

3.4 Additional Charges

Additional charges may apply for:

• Delivery services
• Setup and serving staff
• Equipment rentals (chafing dishes, coffee urns, etc.)
• After-hours or weekend delivery
• Rush orders (less than 24 hours notice)
• Individual packaging and labeling

4. Cancellation and Modification Policy

4.1 Cancellations

• More than 48 hours before delivery: Full refund minus any non-refundable deposits or custom item costs
• 24-48 hours before delivery: 50% of order total will be charged
• Less than 24 hours before delivery: 100% of order total will be charged
• Day of delivery: No refunds available

4.2 Order Modifications

• Modifications to existing orders can be made up to 48 hours before the scheduled delivery time
• Changes requested within 24-48 hours are subject to availability and may incur additional charges
• Guest count increases of more than 10% may require additional notice and charges
• Guest count decreases within 24 hours of delivery will not result in refunds

4.3 Force Majeure

Max’s Deli Cafe shall not be liable for failure to perform our obligations under these terms when such failure is due to circumstances beyond our reasonable control, including but not limited to: natural disasters, severe weather, acts of God, labor disputes, equipment failures, or government restrictions. In such cases, we will make reasonable efforts to fulfill your order or provide a full refund.

5. Delivery and Pickup

5.1 Delivery Services

• Delivery is available within the Greater Boston area
• Delivery fees vary based on distance, order size, and delivery time
• Delivery times are estimates and not guarantees
• A signature may be required upon delivery
• Deliveries to offices require building access and contact information

5.2 Pickup Services

• Pickup is available at 151 Milk Street, Boston, MA 02109
• Pickup hours: Monday-Friday, 6:00 AM – 6:00 PM
• Photo ID may be required for order pickup
• Customer is responsible for inspecting order at time of pickup

5.3 Setup and Serving

• Basic setup is included with delivery (placing food on tables, arranging platters)
• Full-service setup with staff available for additional fee
• Serving staff and bartenders available upon request
• Equipment rentals (chafers, tables, linens) available with advance notice

6. Food Safety and Handling

6.1 Our Commitment

Max’s Deli Cafe is committed to food safety and follows all local, state, and federal food safety regulations. Our facility is regularly inspected and maintains all required certifications.

6.2 Customer Responsibilities

• Temperature Control: Hot foods should be served within 2 hours of delivery. Cold foods should remain refrigerated until service.
• Proper Storage: Customer is responsible for proper food storage and handling after delivery
• Consumption Timeline: All food should be consumed within 4 hours of delivery or discarded
• Leftovers: We recommend discarding any leftover food that has been left at room temperature for more than 2 hours

6.3 Allergen Information

• Our kitchen handles common allergens including dairy, eggs, wheat, soy, nuts, and shellfish
• While we take precautions to prevent cross-contamination, we cannot guarantee allergen-free food
• Customers with severe allergies should consult with our staff before ordering
• Detailed ingredient lists available upon request

7. Liability and Warranties

7.1 Product Warranty

We guarantee that all food products will be:

• Prepared using fresh, quality ingredients
• Prepared in accordance with food safety standards
• Delivered at proper temperatures
• Accurately represented in our menu descriptions

7.2 Limitation of Liability

To the maximum extent permitted by law:

• Max’s Deli Cafe’s total liability shall not exceed the total amount paid for the order
• We are not liable for indirect, incidental, special, or consequential damages
• We are not liable for damages resulting from improper food storage or handling by the customer
• We are not liable for allergic reactions when allergen information was not disclosed

7.3 Complaints and Refunds

• Quality complaints must be reported within 2 hours of delivery
• Photographic evidence may be required for refund requests
• Refunds or credits will be issued at our discretion based on the nature and validity of the complaint
• No refunds will be issued for personal preference or subjective quality issues

7.4 Liquor Liability Insurance

For events where we provide bar services:

• Liquor liability insurance is required and charged at $1.00 per person
• We reserve the right to refuse service to intoxicated individuals
• Customer is responsible for ensuring all guests are of legal drinking age
• Valid ID must be checked for all guests appearing under 30 years of age

8. Intellectual Property

8.1 Trademarks and Branding

The Max’s Deli Cafe name, logo, and all related branding are the exclusive property of Max’s Deli Cafe and are protected by trademark law. Unauthorized use is prohibited.

8.2 Menu Content

All menu content, descriptions, recipes, and proprietary food items are the intellectual property of Max’s Deli Cafe and may not be reproduced without written permission.

8.3 Customer Branding

For custom branded items (logo cookies, cupcakes, etc.):

• Customer grants us permission to use their logo solely for the purpose of fulfilling the order
• Customer warrants they have rights to use any logos or branding provided
• We reserve the right to refuse logos containing offensive or inappropriate content

9. Privacy and Data Protection

9.1 Information Collection

We collect information necessary to process and fulfill your order, including:

• Name and contact information
• Delivery address and instructions
• Payment information
• Dietary restrictions and preferences

9.2 Information Use

We use your information to:

• Process and fulfill your orders
• Communicate with you about your orders
• Improve our services
• Send promotional materials (with your consent)

9.3 Information Protection

• We implement reasonable security measures to protect your information
• We do not sell or share your personal information with third parties except as necessary to fulfill orders
• Payment information is processed securely and not stored on our servers

10. General Terms

10.1 Entire Agreement

These Terms of Use constitute the entire agreement between you and Max’s Deli Cafe regarding catering services and supersede all prior agreements and understandings.

10.2 Modifications to Terms

We reserve the right to modify these terms at any time. Changes will be effective immediately upon posting. Your continued use of our services after changes constitutes acceptance of the modified terms.

10.3 Severability

If any provision of these terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

10.4 Waiver

Our failure to enforce any right or provision of these terms shall not constitute a waiver of such right or provision.

10.5 Governing Law

These terms shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, without regard to its conflict of law provisions.

10.6 Dispute Resolution

• Any disputes arising from these terms or your use of our services shall first be addressed through good faith negotiation
• If negotiation fails, disputes shall be resolved through mediation
• If mediation fails, disputes shall be resolved in the courts of Suffolk County, Massachusetts

11. Contact Information