Terms & Conditions

1. Acceptance of Terms

These Terms and Conditions ("Terms") govern your access to and use of the website and services provided by Westmark ("Company," "we," "our," or "us"). By accessing our website or engaging our consulting services, you agree to be bound by these Terms.

If you do not agree with any part of these Terms, you should not use our website or services. We reserve the right to modify these Terms at any time, and such modifications will be effective immediately upon posting to our website.

2. Definitions

For the purposes of these Terms:

• "Services" refers to the international business consulting services provided by Westmark
• "Client" or "you" refers to any individual or organization engaging our services
• "Agreement" refers to these Terms together with any engagement letter or service agreement
• "Website" refers to the Westmark website and all associated online properties
• "Content" refers to all materials, information, and intellectual property on our website

3. Eligibility and Capacity

To engage our services or use our website, you must:

• Be at least 18 years of age
• Have the legal capacity to enter into binding agreements
• If representing an organization, have proper authority to bind that organization
• Provide accurate and complete information when requested

4. Services Description

Westmark provides international business consulting services, including but not limited to:

• Cross-border business consultation
• International partnership strategy development
• Asia-Pacific market advisory services

Specific service scope, deliverables, and timelines are outlined in individual engagement letters. Services are provided in accordance with Canadian professional consulting standards and applicable business advisory best practices.

5. Engagement Process

5.1 Initial Consultation

Upon your inquiry, we will schedule an initial consultation to understand your requirements and determine if our services are appropriate for your needs.

5.2 Engagement Letter

Formal engagements begin upon execution of an engagement letter that specifies:

• Scope of services
• Deliverables and timeline
• Fees and payment terms
• Terms specific to the engagement

5.3 Client Responsibilities

Clients agree to:

• Provide accurate and complete information
• Respond to requests for information in a timely manner
• Make appropriate personnel available for discussions
• Implement recommendations at their own discretion

6. Fees and Payment

6.1 Service Fees

Service fees are specified in the engagement letter and are quoted in Canadian dollars (CAD). Fees are based on the scope of work agreed upon and may include fixed project fees or hourly rates as appropriate to the engagement.

6.2 Payment Terms

Unless otherwise specified:

• Payment is due upon receipt of invoice
• Invoices are typically issued upon engagement completion or at agreed milestones
• Payment may be made by electronic transfer or other agreed methods
• Late payments may be subject to interest charges at the rate of 1.5% per month

6.3 Expenses

Reasonable out-of-pocket expenses incurred in connection with services, if any, will be billed separately with prior client approval.

7. Intellectual Property

7.1 Company Intellectual Property

All content on our website, including text, graphics, logos, methodology, and frameworks, is the property of Westmark and is protected by Canadian and international intellectual property laws. You may not reproduce, distribute, or create derivative works from this content without our written permission.

7.2 Work Product

Deliverables created specifically for a client engagement become the property of the client upon full payment. However, we retain the right to use general knowledge, methodologies, and approaches developed during engagements for other clients.

7.3 Client Materials

Clients retain all rights to information and materials they provide to us. By providing such materials, clients grant us a limited license to use them solely for the purpose of delivering agreed services.

8. Confidentiality

We maintain strict confidentiality regarding all client information. Client information will not be disclosed to third parties except:

• With explicit client consent
• As required by law or court order
• To professional advisors bound by similar confidentiality obligations

Clients similarly agree to maintain confidentiality regarding our methodologies, approaches, and proprietary information shared during engagements.

9. Disclaimers

9.1 Nature of Advice

Our consulting services provide guidance and recommendations based on information available and our professional judgment. We do not guarantee specific outcomes or results. Implementation decisions and results remain the responsibility of the client.

9.2 No Legal or Financial Advice

Unless explicitly stated otherwise, our services do not constitute legal, accounting, or financial advice. Clients should consult appropriate professionals for such specialized counsel.

9.3 Website Content

Website content is provided "as is" without warranties of any kind. We make reasonable efforts to ensure accuracy but do not guarantee that all information is current, complete, or error-free.

10. Limitation of Liability

To the maximum extent permitted by law:

• Our liability for any claims arising from our services is limited to the fees paid for the specific engagement giving rise to the claim
• We are not liable for indirect, consequential, or special damages
• We are not liable for client decisions or actions taken based on our recommendations
• Claims must be brought within one year of the date services were completed

These limitations reflect the nature of consulting services and the fees charged for such services.

11. Indemnification

Clients agree to indemnify and hold Westmark harmless from any claims, damages, or expenses (including legal fees) arising from:

• Client's use of our services
• Client's breach of these Terms
• Client's violation of any rights of third parties
• Inaccurate or incomplete information provided by client

12. Termination

12.1 Termination by Client

Clients may terminate an engagement with written notice. Client remains responsible for fees for work completed and expenses incurred up to the termination date.

12.2 Termination by Company

We may terminate an engagement if:

• Client fails to provide required information or cooperation
• Client fails to make required payments
• Circumstances arise that make it inappropriate to continue the engagement

12.3 Effect of Termination

Upon termination, provisions regarding confidentiality, intellectual property, and limitation of liability survive.

13. Governing Law

These Terms are governed by the laws of the Province of British Columbia and the federal laws of Canada applicable therein. Any disputes will be subject to the exclusive jurisdiction of the courts of British Columbia.

14. Dispute Resolution

In the event of any dispute arising from these Terms or our services:

• Parties agree to first attempt resolution through good faith negotiation
• If negotiation fails, parties may pursue mediation before initiating formal legal proceedings
• Each party bears its own costs for negotiation and mediation

15. General Provisions

15.1 Entire Agreement

These Terms, together with any engagement letter, constitute the entire agreement between parties and supersede all prior understandings.

15.2 Severability

If any provision of these Terms is found unenforceable, the remaining provisions continue in full effect.

15.3 Waiver

Failure to enforce any provision does not constitute a waiver of that provision or any other provision.

15.4 Assignment

These Terms may not be assigned by client without our written consent. We may assign these Terms in connection with a business transfer.

15.5 Notice

Notices under these Terms should be sent to [email protected] or to the address specified in the engagement letter.

16. Changes to Terms

We reserve the right to modify these Terms at any time. Changes become effective upon posting to our website. Continued use of our website or services following such changes constitutes acceptance of the modified Terms. For active engagements, material changes will be communicated directly to clients.

17. Contact Information

For questions regarding these Terms, please contact us: