Last Updated: September 2026
1. Acceptance of Terms
By accessing or using the Global CMK website (globalcmk.com) and our services (collectively, “Services”), you agree to be bound by these Terms and Conditions (“Terms”). If you do not agree, please do not use our Services.
2. Services Description
Global CMK provides technology consulting, software development, cloud infrastructure, cybersecurity, data analytics, and related professional services. The specific scope, deliverables, and timelines for any engagement are defined in a separate Statement of Work (SOW) or Service Agreement.
3. Client Obligations
Clients agree to: provide accurate information necessary for service delivery; grant timely access to systems and resources; maintain confidentiality of credentials; not use our Services for any unlawful purpose; and comply with applicable export controls and sanctions regulations.
4. Intellectual Property
Our IP: All pre-existing materials, tools, frameworks, methodologies owned by Global CMK remain our exclusive property.
Client IP: All pre-existing materials and data provided by the client remain the client’s property.
Deliverables: Upon full payment, custom deliverables created for the client under a SOW are assigned to the client, excluding Global CMK pre-existing IP which is licensed on a perpetual, royalty-free, non-exclusive basis.
5. Payment Terms
- All fees in Canadian Dollars (CAD) unless otherwise specified.
- Payment terms: Net 30 days from invoice date.
- Late payments accrue interest at 1.5% per month (18% per annum).
- We reserve the right to suspend services for non-payment after 10 days’ written notice.
- All fees are exclusive of applicable taxes (GST/HST/QST).
6. Confidentiality
Both parties agree to maintain confidentiality of all non-public information disclosed during the engagement. Confidentiality obligations survive termination for three (3) years or as long as the information remains a trade secret.
7. Limitation of Liability
To the maximum extent permitted by law, Global CMK’s total liability is limited to the fees paid by the client for the specific services during the twelve (12) months preceding the claim. In no event shall Global CMK be liable for indirect, incidental, special, consequential, or punitive damages.
8. Disclaimer of Warranties
Except as expressly stated in a SOW, Global CMK provides Services on an “as is” and “as available” basis without warranties of any kind, express or implied.
9. Indemnification
The client agrees to indemnify and hold harmless Global CMK from any third-party claims arising from the client’s violation of these Terms, infringement of third-party IP rights, or violation of applicable laws.
10. Termination
Either party may terminate a SOW for material breach if not cured within 30 days, immediately upon insolvency/bankruptcy, or for convenience with 60 days’ written notice (subject to payment for work completed).
11. Service Level Agreement (SLA)
- System Uptime: 99.9% availability (excluding scheduled maintenance).
- Response Times: P1 (Critical): 15 min; P2 (High): 1 hour; P3 (Medium): 4 hours; P4 (Low): 8 business hours.
- Maintenance Windows: Sundays 2:00 AM – 6:00 AM EST with 48 hours’ notice.
12. Governing Law
These Terms are governed by the laws of the Province of Ontario, Canada. The parties irrevocably attorn to the exclusive jurisdiction of the courts of Ontario.
13. Dispute Resolution
The parties agree to attempt resolution through good-faith negotiation for 30 days, then mediation administered by the ADR Institute of Canada, and if necessary, binding arbitration under the Arbitration Act (Ontario).
14. Force Majeure
Neither party shall be liable for failure due to causes beyond reasonable control, including natural disasters, government actions, pandemic, internet outages, cyber attacks, or other force majeure events.
15. Changes to Terms
We reserve the right to modify these Terms. Material changes will be communicated via email or website notice. Continued use after changes constitutes acceptance.
16. Contact
For questions: [email protected].
