Totemian – General Terms and Conditions

Purpose and Scope

These General Terms and Conditions ("Terms") apply to all businesses, venues, or organizations ("Location Owner") that host Totemian's digital signage displays ("Displays") on their premises. Their purpose is to ensure consistent operational standards, safeguard Company property, and maintain a mutually beneficial relationship.

Equipment Ownership

• All Displays, hardware, and related equipment remain the sole property of the Company at all times.
• Hosting of the Displays does not confer any ownership, security interest, or other proprietary rights to the Location Owner.

Access and Maintenance

• The Company or its authorized contractors must be granted reasonable access to the Displays for installation, maintenance, repairs, and removal.
• The Location Owner shall not move, tamper with, or alter the Displays or their placement without prior written consent from the Company.

Power and Connectivity

• The Location Owner agrees to provide a suitable and reliable power source for the Displays at no cost to the Company.
• Where applicable, the Location Owner will facilitate access to internet connectivity if required for Display operation.

Care and Protection of Equipment

The Location Owner shall take reasonable steps to protect the Displays from damage, theft, or misuse.

Any damage caused by negligence, willful misconduct, or breach of these Terms may result in the Location Owner being held responsible for repair or replacement costs.

Content Control

• The Company retains full and exclusive control over the content displayed.
• The Location Owner may not alter, block, override, or insert content into the Displays.

Membership Terms (Brandboard Hosting and Fees)

Termination of Hosting

• Either party may request removal of the Displays at any time.
• The Company will coordinate removal in a professional and timely manner, restoring the hosting location to its original condition where feasible.

Governing Law

These Terms are governed by the laws of the Province of British Columbia, Canada.

Purpose and Scope

These Terms govern invoicing, revenue collection, and payments between Totemian Brandboards Inc. ("Company") and its clients, partners, or advertisers ("Client").

Payment Terms

• Standard payment terms: Net 7 calendar days.
• Payments must be made in full without deduction.
• Accepted methods: bank transfer, credit card, or approved electronic methods.

Invoicing Practices

• All invoices will include applicable taxes (GST/HST).
• Invoice amounts are in CAD unless otherwise agreed.
• Invoices are sent electronically unless otherwise arranged.

Late Payment and Interest

• Overdue payments accrue 2% per month (24% annually) interest or maximum permitted by law.
• Services may be suspended until overdue amounts are paid.

Disputed Invoices

• Disputes must be raised within 5 days of receipt.
• No dispute = invoice deemed accepted.
• Disputing does not remove obligation to pay undisputed portions.

1. Content Ownership & Warranty

Advertiser represents and warrants that all submitted content:

• is legally owned by the Advertiser, or
• is used with valid licenses, permissions, and releases.
• Totemian does not verify copyright ownership.

2. Copyright & Trademark Responsibility

The Advertiser bears full and sole responsibility for:

• copyright compliance
• trademark usage
• image and likeness rights
• third-party intellectual property

Totemian acts solely as a display platform, not a content publisher or creator.

3. User-Generated Content (UGC)

Any content submitted to Totemian, including UGC:

• is provided at the Advertiser’s own risk
• grants Totemian a limited, non-exclusive right to display
• does not transfer ownership to Totemian

Totemian reserves the right to reject, remove, or suspend any content at its discretion.

4. Indemnification

The Advertiser agrees to fully indemnify and hold harmless Totemian from:

• copyright claims
• trademark disputes
• legal costs
• damages or penalties
• arising from the display of Advertiser-provided content.

5. Content Removal Upon Notice

Totemian may remove content:

• upon receipt of a complaint
• upon legal notice
• if content is suspected to violate applicable laws without liability or obligation to compensate the Advertiser.

Purpose and Scope

These Terms govern invoicing, revenue collection, and payments between Totemian Brandboards Inc. ("Company") and its clients, partners, or advertisers ("Client").

Invoicing Practices

• All invoices will include applicable taxes (GST/HST).
• Invoice amounts are in CAD unless otherwise agreed.
• Invoices are sent electronically unless otherwise arranged.

Payment Terms

• Standard payment terms: Net 7 calendar days.
• Payments must be made in full without deduction.
• Accepted methods: bank transfer, credit card, or approved electronic methods.

Late Payment and Interest

• Overdue payments accrue 2% per month (24% annually) interest or maximum permitted by law.
• Services may be suspended until overdue amounts are paid.

Disputed Invoices

• Disputes must be raised within 5 days of receipt.
• No dispute = invoice deemed accepted.
• Disputing does not remove obligation to pay undisputed portions.

Tax Responsibility

• All applicable taxes added to invoices.
• International clients responsible for duties, VAT, or local levies.
• Failure to pay taxes does not exempt obligation to pay invoice in full.

Governing Law

These Terms are governed by the laws of British Columbia, Canada.

Content Submission and Approval

All advertising content submitted to Totemian must comply with applicable laws, advertising standards, and these Terms and Conditions.

Totemian reserves the right to review submitted content prior to display and may request modifications or reject content at its discretion. Approval of content does not constitute endorsement of the advertised product, service, or brand.

Intellectual Property & Content Responsibility

The Advertiser represents and warrants that it owns, or has obtained all necessary rights, licenses, permissions, and authorizations to use, reproduce, display, and distribute all content submitted for advertising purposes.

This includes, without limitation, all trademarks, logos, brand names, trade dress, images, videos, music, and copyrighted materials.

Totemian Brandboards Inc. does not verify intellectual property ownership and relies solely on the Advertiser’s representations. The Advertiser assumes full responsibility for any claims, disputes, or legal actions arising from the submitted content.

Totemian acts solely as a media display platform.

User-Generated Content & Third-Party Materials

Where advertising content includes user-generated content, third-party materials, or images containing identifiable individuals, the Advertiser confirms that all necessary consents, releases, and permissions have been obtained.

Totemian is not responsible for verifying such permissions or releases.

Right to Review, Reject, or Remove Content

Totemian reserves the right, but not the obligation, to reject, suspend, or remove any advertising content at any time, with or without prior notice, if the content is believed to violate applicable laws, intellectual property rights, community standards, or these Terms.

Removal of content does not entitle the Advertiser to any refund or compensation unless otherwise agreed in writing.

Indemnification

The Advertiser agrees to indemnify, defend, and hold harmless Totemian Brandboards Inc., its directors, officers, employees, contractors, and partners from and against any and all claims, damages, liabilities, losses, costs, and expenses, including reasonable legal fees, arising from:

• Intellectual property or trademark infringement
• Unauthorized use of brand assets or third-party content
• Breach of these Terms
• Any legal or regulatory action related to the submitted content

No Legal Clearance or Approval

Totemian does not provide legal review, copyright clearance, or trademark approval for advertising content.

All responsibility for legal compliance remains solely with the Advertiser.

Privacy & Personal Data in Advertising Content

Totemian does not collect, control, or process personal data embedded within advertising content.

Any personal data, images, likenesses, or identifiers appearing in advertisements are the sole responsibility of the Advertiser.

Governing Law

This Advertiser Content Policy is governed by and construed in accordance with the laws of the Province of British Columbia, Canada.

1. Content Design & Production Timeline

• To ensure campaigns run smoothly and on schedule, each stage (Review, Revision, and Final Approval) follows a clear timeline. Clients will receive details for each stage via email.

Typically, once raw visual materials are provided to Totemian’s OPT team, initial design and edits take approximately 3 business days, including up to three rounds of revisions . Additional revisions beyond this will involve extra charges. This timeline applies to all content for contracted locations.

• Feedback from clients or their design partners on displayed content usually takes 2 business days from receipt. Clients are asked to return revised content within 3 business days to allow timely streaming.
• According to Totemian’s schedule, displays are updated twice per month, at the start and middle of each month. To be included in the first streaming period, content should be submitted by 11:59 PM on the 25th of the preceding month. For the second streaming period, content should be submitted by 11:59 PM on the 10th of the month. This schedule applies to all contracted locations.
• Please note that delays in feedback or content approval may affect the overall timeline of the campaign.

2. Scope of Services & Limitations

• Our services cover digital content design for displays, production of images and advertising videos, and uploading content to the CMS.
• The specific services included in each Totemian sales package are described on our Advertisers Guide page. Any services outside the selected package, such as professional photography or extensive content modifications may incur additional fees.
• Minor format changes or adjustments after initial approval are generally accommodated, but major modifications may be limited or scheduled for the next streaming period.
• Urgent content changes or removals require 2 working day to be implemented.
• Services outside the agreement’s scope, such as creating content specifically for a client’s social media channels, are not included.

3. Client Responsibilities

• Clients are responsible for providing timely feedback and approving content according to the agreed timeline.
• Supplying raw materials, such as images, logos, and text, on time is essential for smooth campaign execution.
• Delays in submitting materials or feedback may affect the campaign schedule.

Note: By submitting advertising content, you confirm that you are authorized to use all trademarks, brand assets, and materials included in the advertisement.

4. Campaign Duration & Scheduling Policies

• The duration and start date of each campaign are specified in the agreement.
• Any adjustments to the campaign schedule require coordination and approval from Totemian.
• Stopping or postponing a campaign without prior confirmation is not permitted.

5. Customer Information & Data Guidelines

• Customer and location owner information is treated as confidential and will be used only for the purposes of the campaign.
• No personal data is collected beyond what is legally required.
• Access to and use of data is limited to Totemian staff and only for predefined campaign objectives.

6. Communication Protocols

• All communication and updates are sent through Totemian’s official channels (primarily email).
• Responses are generally provided within 1 to 2 business days.
• Each campaign is assigned a dedicated point of contact, such as a Content Coordinator or Account Manager, to ensure smooth communication.

7. Free & Promotional Campaigns Terms

• Free or promotional campaigns are subject to certain limitations in services.
• These limitations may include the number of display impressions, campaign duration, or level of content customization.
• Communication and reporting for these campaigns may be more concise than for standard campaigns.