Terms of Service

Totera Incorporated — Service Agreement

This Service Agreement ("Agreement") sets forth the terms and conditions of your use of the Totera Incorporated ("Totera") service request. To complete the request process, you must acknowledge that you have read, understood, and agree to be bound by all the terms and conditions of this Agreement, and any rules or policies that are or may be published from time to time.

This Agreement will become effective upon acceptance by Totera. Totera may, at its sole discretion, elect to accept or reject any request for services for any reason, including but not limited to, rejection due to a request for services by a non-authorized customer.

1. Who We Are and What We Do

Totera is an independently owned and operated Corporation registered with the Secretary of the State of Washington and the United States Federal Government. Totera provides business consultation, web design, development, maintenance, and marketing.

Upon receipt of a service request and contact information from you, Totera shall commence with the request immediately. All such requests are considered binding and all resulting fees must be paid in accordance with the terms set forth herein.

Totera is not liable or responsible for any errors, omissions, or other actions by the requesting party, or failure to receive authorizations of changes beyond the electronic request form. You agree to indemnify, defend and hold harmless Totera, and any directors, officers, employees, and agents from and against any and all claims, damages, liabilities, costs, and expenses (including reasonable legal fees and expenses) arising out of or related to your service request.

2. Fees

As consideration for Totera providing services to you, you agree to pay Totera, upon completion of request services, the amounts set forth in the Totera Price Schedule, as amended from time to time, for the initial services completed and any subsequent services. You agree that Totera reserves the right to increase its fees and you agree to be bound by any fee increase. A complete listing of Totera Service Rates are available for review on the world wide web at http://www.totera.com/legal/rates.

Progressive Payment Terms

Initial Payment: 50% upfront to begin the project.
Milestone 1: 25% of the contracted balance is due if the project remains open after 30 days.
Milestone 2: 15% of the contracted balance is due if the project remains open after 60 days.
Final Payment: The remaining contracted balance is due immediately upon completion.

Your requested services may not be posted on the world wide web until Totera receives actual payment of the service fees, or reasonable assurance of payment of the service fees, such reasonable assurance to be determined by Totera in its sole discretion. Payment must be made by check or other methods we indicate on invoices or reminders in either written or electronic form.

All fees are non-refundable, in whole or in part, even if the service request is suspended, cancelled, or transferred prior to the end of completion. Failure to pay any invoice within ninety (90) days of the invoice date may result in additional charges, including collection costs and attorney fees.

Finance Charges & Late Payment Fees

Totera will notify you when the requested services are complete. All fees must be paid-in-full on or before the Due Date listed on the invoice. If the Balance Due is not paid in full by the Due Date, a late payment fee will be added to the amount due at the beginning of each month that an unpaid balance remains. If the balance due is not paid-in-full after a second notice or reminder is issued, services may be cancelled. The current finance charge rates are available for review at http://www.totera.com/legal/rates.

3. Changes to Agreement and Dispute Policy

You agree that Totera reserves the right to withhold and/or change its existing and future services and the terms and conditions thereof at its discretion. You agree to be bound by any such changes unless you provide us with written notification to the contrary. Your continued use of the affected website, services, or hosting constitutes acceptance of this Agreement and amendments. If at any time you do not agree to such changes, you agree that your sole remedy is to request that your service provided by Totera be cancelled or transferred to a different web services provider.

4. Service Request Information and Content Submission

Information You Are Required to Submit

As part of the service request process, you are required to submit to Totera and keep promptly updated the following information in connection with your application for domain name registration, profile curation, or platform placement:

(a) The domain to be registered, hosted, or serviced;

(b) The name of the requesting company, group, or organization;

(d) The current contact email and phone number.

You shall provide and maintain updated information at all times with Totera. Totera at its option may refuse to renew any registrations or maintain any platform spaces unless you maintain current and updated information at all times. Totera may from time to time request additional information from you.

Obligations Relating to Data Provided by You

If you provide information about a third party, you represent that you have provided notice to and have obtained the express consent from the third party to the disclosure and use of their information as set forth in this Agreement. You acknowledge that:

(a) Willfully providing inaccurate or unreliable information;

(b) Willfully failing to update information promptly; or

(c) Failing to respond to Totera inquiries concerning the accuracy of details within fifteen (15) calendar days of request;

Shall constitute a material breach of this Agreement and will be sufficient basis for immediate cancellation of services.

Community Content and Accuracy Disclaimer

By providing, submitting, uploading, or modifying any information, directory listings, text, images, or profiles on Totera platforms (including but not limited to MyCityScene, PTScene, Takeout-Guide), you explicitly agree to the following terms:

Full Responsibility for Accuracy: You assume sole and absolute responsibility for the accuracy, truthfulness, and completeness of the content you submit. You certify that you are authorized to provide or manage this information and accept all liability for any errors, formatting mistakes, omissions, or real-world consequences resulting from this data being published.
No Totera Liability: Totera, Inc. acts strictly as a technical venue for community-contributed information. Totera does not independently verify, monitor, or audit community submissions. Under no circumstances will Totera, Inc. be held legally or financially responsible for inaccurate, fraudulent, outdated, or misleading information provided by community users.
No Endorsement: Content, summaries, updates, and materials submitted by the community represent the views of the contributors alone. The publication of any text, imagery, profile, or organizational data does not constitute an endorsement, approval, or recommendation by Totera, Inc., MyCityScene, PTScene, Takeout-Guide, or any of its officers, directors, or employees.
Right to Remove: Totera reserves the right, at its sole discretion, to edit, refuse, or remove any community-submitted content at any time, without prior notice, if it is flagged as inaccurate, commercial, or violating formatting guidelines.

Disclosure and Use of Registration Information

You agree to authorize Totera to provide any information to other third parties as applicable laws may require or permit. You acknowledge and agree Totera may make publicly available some or all of the information provided by you for purposes of inspection, such as through Totera WHOIS services, directory indexes on MyCityScene, PTScene, Takeout-Guide, targeted marketing, or for any other purpose permitted by applicable laws.

You hereby irrevocably waive any and all claims and causes of action you may have arising from such disclosure or use of information.

Email and SMS/Text Messaging Terms

(a) Message Frequency: You may receive up to 2 messages per week from us. Message frequency may vary depending on your interactions with us.

(b) Message and Data Rates: Standard message and data rates may apply from your mobile carrier.

(c) Opt-Out Instructions: You can opt-out of receiving text messages at any time by replying STOP to any message you receive, emailing admin@totera.com, or calling 360-853-0931.

(d) Types of Messages: Messages will only be related to account updates, support, appointment reminders, and service inquiries. We will never send promotional spam or automated marketing texts.

5. Domain Names and Web Hosting

All domain and hosting fees will be collected in advance and are non-refundable. If you are transferring domain names registered with another registrar to Totera, you represent that you have the legal authority to bind the domain name holder.

You agree that you shall not transfer your domain name registration until sixty (60) days have elapsed from the time of initial registration. Transfers may be refused if there is a pending dispute, bankruptcy, or operation of law. Transferring registrars to Totera necessitates the payment of a new one-year registration fee to the Registry.

Cancellation and Platforms

Hosting services and platform subscriptions can be cancelled at any time. For a fee, Totera can provide the raw layout files used to display your website. Any website export request must be made before hosting or subscription service is cancelled. After cancellation, all site data, backups, and configurations will be permanently wiped from our servers and partner networks.

You acknowledge that some custom website features and platform editor code will not work on other hosting providers. We are not responsible for rebuilding or retrofitting your design to function on external platforms.

SaaS Centralized CMS Hosting

Centralized CMS software hosting includes automatic software upgrades and security patches. Because of this shared-infrastructure environment, these accounts cannot simply "be moved" to another provider. Third-party scripts cannot be injected into the server as a security precaution.

Totera provides localized troubleshooting but will not be held liable if the independent data center provider experiences service compromises, network drops, or closure. Circumstances beyond our control include, but are not limited to: major infrastructure carrier failure, labor strikes, fires, acts of God, denial-of-service (DoS) cyber-attacks, or hardware failures. Refunds will not be provided for service interruptions.

6. Ownership of Data

You agree and acknowledge that Totera owns all database compilations, collective formatting rights, structural title interests worldwide, and derivative metadata generated from our platform databases, subject to standard non-exclusive licensing models required by ICANN regulations.

Totera does not claim ownership over your specific, individual personal registration components outside of our right to house it within our operational directory framework.

7. Agents and Licenses

If you request services on behalf of another entity, business, or organization, you represent that you have the explicit legal authority to bind that entity as a principal to this entire Agreement.

If you license or lease the use of your website, domain name, or server space to a third party, you remain the primary holder of record and are solely responsible for all financial obligations and compliance issues under this Agreement. You agree that any party you authorize to use this space accepts shared liability for harm caused by wrongful usage.

8. Limitation of Liability

You agree that Totera shall, under no circumstances, be held liable for any special, indirect, incidental, punitive, exemplary, or consequential damages (including loss of profits, business interruptions, or data losses) arising out of or in connection with this Agreement.

Totera is explicitly not liable for:

(a) Suspension or loss of domain registrations;

(b) Loss, corruption, or deletion of files saved on our servers;

(d) Outdated or faulty community-provided data displayed on public portals;

(e) Acts or connection drop-offs caused by registry administrators or upstream host networks.

Maximum Liability Cap: Totera's maximum aggregate financial liability to you under any legal theory shall never exceed the greater of:

(a) The total exact amount paid by you to Totera for the specific requested service during the immediate billing cycle; or

(b) $500.00 USD.

9. Indemnification

You agree to defend, indemnify, and hold completely harmless Totera, including its employees, directors, officers, representatives, agents, and affiliates, from any losses, damages, settlements, or costs (including reasonable legal fees and court expenses) resulting from any third-party claim, lawsuit, action, or demand arising out of your use of our services, your breach of this contract, or any inaccurate content you submitted to our public directories.

10. Representations and Warranties

You represent that, to the best of your knowledge:

(a) All information provided in connection with your service request or portal listing is accurate and up to date;

(b) Neither the requested service, the target website, nor the text content provided infringes on the trademark, intellectual property, or legal rights of any third party.

All services provided to you by Totera are delivered on an "As Is" and "As Available" basis. Totera makes no warranties of any kind, express or implied, including commercial merchantability or fitness for a specific target purpose.

11. Breach and Revocation

Totera reserves the explicit right to suspend, freeze, cancel, or modify your website, domain layout, or portal listing instantly if:

(a) You break any material rule in this Agreement and fail to fix it within thirty (30) days of receiving a written notice;

(b) You use your services or email relays to send unsolicited bulk spam or commercial advertisements;

(d) We receive a direct, authorized order from a court of law or arbitration board demanding the suspension or transfer of your digital asset.

12. Other Legal Terms

Force Majeure

Totera is not responsible for any failures, delays, or outages caused by events beyond our reasonable control, including acts of God, strikes, pandemics, government decrees, war, infrastructure blackouts, regional telecom failures, or supply shortages.

Governing Law and Jurisdiction

This Agreement, your rights, and all disputes arising from it shall be governed by the laws of the State of Washington, without regard to conflict of law principles.

Any formal legal action to enforce this Agreement must be brought exclusively in the appropriate state or federal court located within the State of Washington. For directory submissions and community requests, the parties submit directly to the jurisdiction of the courts of the requesting party's domicile or location.

Legal Fees

If any formal legal action or arbitration is brought to enforce or interpret this contract, the winning party ("prevailing party") shall be entitled to recover all reasonable legal fees, expert witness fees, court filings, and disbursements from the losing party.

13. General Provisions

Entire Agreement

This document constitutes the entire contract between you and Totera regarding these services. It completely supersedes and replaces all prior discussions, written emails, proposals, quotes, or spoken promises on these topics.

Severability

If a judge or arbitrator rules that any specific sentence or section of this contract is invalid or unenforceable, that specific part will be rewritten to match the original intent as closely as possible under the law. The remaining sections of the contract will stay fully active and binding.