Terms of Service

Effective Date: January 1, 2026

Introduction and Acceptance

Welcome to Mkl Business Consulting Inc (hereinafter referred to as we, us, or our). These Terms of Service constitute a legally binding agreement between you (whether personally or on behalf of an entity) and Mkl Business Consulting Inc, a company incorporated under the laws of Manitoba, Canada, with its principal office located at 714 Community Row, Winnipeg, MB R3R 1H7.

By accessing or using our website located at mklbusiness.lat, or by engaging any of our consulting services, you agree to be bound by these Terms of Service and our Privacy Policy, which is incorporated herein by reference. If you do not agree with any part of these terms, you must not access our website or use our services.

These terms apply to all visitors, users, clients, and others who access or use our services. We reserve the right to modify these terms at any time, with changes becoming effective upon posting to our website. Your continued use of our services after any changes constitutes acceptance of the modified terms.

Definitions

For the purposes of these Terms of Service, the following definitions apply:

• Services: All computer systems design, IT consulting, cybersecurity consulting, cloud solutions, custom software development, data analytics, and advisory services offered by Mkl Business Consulting Inc.
• Client: Any individual, organization, or entity that engages our services through a formal agreement, purchase order, or other binding arrangement.
• Agreement: These Terms of Service together with any service agreements, statements of work, or other contractual documents executed between the parties.
• Website: The website operated by Mkl Business Consulting Inc at mklbusiness.lat, including all subdomains, content, and functionality.
• Intellectual Property: All patents, trademarks, trade names, service marks, copyrights, trade secrets, proprietary methodologies, software code, documentation, and other intellectual property rights owned by either party.
• Confidential Information: Any non-public information disclosed by one party to the other in connection with our services, including but not limited to business plans, technical data, customer information, financial information, and proprietary processes.
• Deliverables: All work products, reports, documents, software, analyses, recommendations, and other materials produced by us in the course of providing services to a client.

Eligibility

To use our website and services, you must:

• Be at least 18 years of age or the age of legal majority in your jurisdiction
• Have the legal authority and capacity to enter into a binding agreement
• If acting on behalf of an organization, have the authority to bind that organization to these terms
• Not be suspended or previously banned from using our services
• Provide accurate, current, and complete information when requested

We reserve the right to refuse service, terminate accounts, or cancel engagements at our sole discretion if we determine that you do not meet eligibility requirements or are otherwise in violation of these terms.

Services Description

Mkl Business Consulting Inc provides professional technology consulting services including but not limited to computer systems design and architecture, IT strategy and advisory, cybersecurity consulting and compliance, cloud migration and optimization, custom software development, and data analytics solutions.

The scope, deliverables, timeline, and fees for each engagement will be defined in a separate service agreement, statement of work, or equivalent document executed between us and the client. These Terms of Service apply to and supplement any specific service agreements, and in the event of a conflict between these terms and a specific service agreement, the specific service agreement shall prevail.

We reserve the right to modify, suspend, or discontinue any aspect of our services at any time, including the availability of any feature, database, or content. We shall not be liable to you or any third party for any modification, suspension, or discontinuation of our services.

User Accounts and Responsibilities

Account Registration

Certain areas of our website or services may require you to create an account. You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate and current. You are solely responsible for safeguarding your account credentials and for all activities that occur under your account.

Acceptable Use

You agree not to use our website or services to:

• Violate any applicable federal, provincial, or local law, regulation, or ordinance
• Infringe upon the intellectual property rights, privacy rights, or other rights of any third party
• Transmit any harmful, threatening, abusive, harassing, defamatory, or otherwise objectionable material
• Distribute unsolicited commercial communications (spam) or any form of unauthorized advertising
• Attempt to gain unauthorized access to our computer systems, networks, or data
• Introduce viruses, malware, trojan horses, or other malicious code
• Interfere with or disrupt the integrity or performance of our website or services
• Collect or harvest personal information of other users without consent
• Impersonate any person or entity or misrepresent your affiliation with any person or entity
• Use automated scripts, bots, or other means to access our website in a manner that exceeds normal human usage patterns

User Content

If you submit, upload, or transmit any content to our website or through our services, you grant us a non-exclusive, royalty-free, worldwide license to use such content solely for the purpose of providing our services to you. You represent and warrant that you have all necessary rights to submit such content and that it does not violate the rights of any third party.

Fees and Payment

Service Fees

Fees for our consulting services will be set forth in the applicable service agreement or statement of work. Unless otherwise specified:

• All fees are quoted in Canadian dollars (CAD)
• Fees are exclusive of applicable taxes including GST, HST, and PST unless expressly stated otherwise
• Expenses incurred in the course of service delivery (travel, accommodation, third-party software licenses, etc.) will be billed separately or as specified in the service agreement
• Retainer fees are payable in advance on the first business day of each billing period

Payment Terms

• Net 30: Unless otherwise stated, invoices are due and payable within 30 calendar days of the invoice date
• Late Payment: Overdue invoices shall accrue interest at a rate of 1.5% per month (18% per annum), compounded monthly, or the maximum rate permitted by applicable law, whichever is less
• Disputed Invoices: If you dispute any portion of an invoice, you must notify us in writing within 10 business days of the invoice date. The undisputed portion remains due according to the original payment terms.
• Collections: If we must engage collection efforts to recover unpaid amounts, you agree to pay all reasonable costs of collection including legal fees and collection agency charges.

Refund Policy

Refund eligibility varies by engagement type and is governed by the terms of the applicable service agreement. In general:

• Project-based engagements may include refund milestones as specified in the statement of work
• Retainer fees are non-refundable once a billing period has commenced, except in cases of material breach by our company
• Prepayments for undelivered services are refundable if service delivery is cancelled by the client with 30 days written notice

Intellectual Property Rights

Our Intellectual Property

All content on our website, including text, graphics, logos, icons, images, audio clips, digital downloads, data compilations, and software, is the property of Mkl Business Consulting Inc or its content suppliers and is protected by Canadian and international copyright, trademark, and other intellectual property laws. The Mkl Business name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Mkl Business Consulting Inc and may not be used without our prior written permission.

Pre-Existing Materials

Each party retains all rights in their respective pre-existing intellectual property. Any tools, methodologies, frameworks, or software libraries that we developed prior to the commencement of an engagement remain our exclusive property, even if incorporated into deliverables.

Deliverable Ownership

Unless otherwise specified in the applicable service agreement:

• Upon full payment of all fees and expenses owed, client will own all rights, title, and interest in the custom deliverables created specifically for the client during the engagement
• We retain a non-exclusive, royalty-free license to use general knowledge, skills, experience, ideas, concepts, techniques, and know-how acquired or developed during the engagement, provided such use does not disclose confidential information or proprietary data of the client
• Any open-source components incorporated into deliverables shall remain subject to their respective open-source licenses

License to Use Website

Subject to your compliance with these terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use our website for personal, non-commercial purposes. This license does not include the right to:

• Modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any content from our website
• Use any data mining, robots, or similar data gathering and extraction tools
• Download or cache any content for purposes other than personal, non-commercial use

Confidentiality

Both parties acknowledge that in the course of our engagement, each party may receive or have access to confidential information of the other party. The receiving party agrees to:

• Hold all confidential information in strict confidence using at least the same degree of care as it uses to protect its own confidential information
• Not disclose confidential information to any third party without the prior written consent of the disclosing party
• Use confidential information solely for the purpose for which it was disclosed
• Limit access to confidential information to employees and contractors who have a need to know and who are bound by confidentiality obligations no less protective than those set forth herein

The obligations of confidentiality do not apply to information that:

• Is or becomes publicly available through no fault of the receiving party
• Was known to the receiving party prior to disclosure
• Is independently developed by the receiving party without reference to the confidential information
• Is required to be disclosed by law, regulation, or court order, provided the disclosing party is given reasonable prior notice

Data Protection and Privacy

We are committed to protecting the personal information entrusted to us by our clients and website visitors. Our collection, use, and disclosure of personal information is governed by our Privacy Policy, which is available on our website and incorporated into these Terms of Service by reference.

When processing personal data on behalf of our clients, we act in accordance with applicable data protection laws including PIPEDA and relevant provincial legislation. Specific data processing arrangements will be set out in the applicable service agreement or a separate data processing addendum.

Representations and Warranties

Our Warranties

We represent and warrant that:

• Our services will be performed in a professional and workmanlike manner consistent with generally accepted industry standards
• We have the legal right and authority to enter into this agreement and perform our obligations hereunder
• Our deliverables will not, to the best of our knowledge, infringe upon the intellectual property rights of any third party
• We comply with all applicable laws, regulations, and professional standards in the provision of our services

Client Warranties

You represent and warranty that:

• All information provided to us in connection with our services is accurate, complete, and not misleading
• You have obtained all necessary consents and authorizations required for us to perform the contracted services
• Your use of our services and deliverables will comply with all applicable laws and regulations

Disclaimer

EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS, OUR WEBSITE AND SERVICES ARE PROVIDED ON AN AS IS AND AS AVAILABLE BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. WE DISCLAIM ALL IMPLIED WARRANTIES INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT OUR SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE.

Limitation of Liability

Exclusion of Consequential Damages

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MKL BUSINESS CONSULTING INC, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR CONTRACTORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF OUR SERVICES.

Cap on Liability

OUR TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR OUR SERVICES, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL OR EQUITABLE THEORY, SHALL NOT EXCEED THE TOTAL AMOUNT OF FEES PAID BY YOU TO US DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

Exceptions

The limitations set forth in this section shall not apply to:

• Liability arising from willful misconduct or gross negligence
• Breach of confidentiality obligations
• Any liability that cannot be excluded or limited under applicable law

Indemnification

You agree to indemnify, defend, and hold harmless Mkl Business Consulting Inc and its directors, officers, employees, agents, contractors, and licensors from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or in connection with:

• Your use of or access to our website or services
• Your violation of these Terms of Service
• Your violation of any applicable law, regulation, or third-party right
• Any content you submit, upload, or transmit through our website
• Any negligent, wrongful, or unauthorized act or omission by you or your personnel

Termination

Termination by Client

You may terminate our services by providing written notice as specified in the applicable service agreement. Unless otherwise stated:

• Project-based engagements: 30 days written notice required
• Retainer agreements: 60 days written notice required
• You remain liable for all fees and expenses incurred up to the effective date of termination

Termination by Mkl Business

We may terminate or suspend your access to our services immediately, without prior notice or liability, for any reason including:

• Breach of these Terms of Service or any applicable service agreement
• Non-payment of fees beyond the applicable cure period
• Engagement in illegal or fraudulent activities
• Conduct that is harmful to our business interests, reputation, or other clients
• Any other reason deemed appropriate at our sole discretion

Effects of Termination

Upon termination:

• All licenses and rights granted to you under these terms shall immediately cease
• You shall immediately cease using our services and any deliverables received
• Each party shall return or destroy all confidential information of the other party in its possession
• Provisions that by their nature should survive termination shall continue in full force and effect, including intellectual property, confidentiality, limitation of liability, indemnification, and dispute resolution provisions

Dispute Resolution

Informal Resolution

In the event of any dispute arising from or relating to these Terms of Service, the parties agree to first attempt to resolve the matter through good-faith informal negotiation. The party raising the dispute shall provide written notice to the other party describing the nature of the dispute and the desired resolution. The parties shall use reasonable efforts to resolve the dispute within 30 calendar days.

Mediation

If informal negotiation fails to resolve the dispute, the parties agree to submit the matter to mediation administered by ADR Institute of Manitoba or another mutually agreed-upon mediation service. The mediation shall take place in Winnipeg, Manitoba, and the costs shall be shared equally between the parties.

Binding Arbitration

If mediation fails to resolve the dispute within 60 days of the commencement of mediation, either party may submit the dispute to binding arbitration under the rules of the ADR Institute of Canada. The arbitration shall be conducted in Winnipeg, Manitoba, by a single arbitrator mutually agreed upon by the parties. The decision of the arbitrator shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

Court Proceedings

Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights or confidential information.

Class Action Waiver

YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION OR CLASS-WIDE ARBITRATION.

Force Majeure

Neither party shall be liable for any failure or delay in performing its obligations under these terms if such failure or delay results from circumstances beyond the reasonable control of the affected party, including but not limited to acts of God, natural disasters, epidemics, pandemics, war, terrorism, riots, civil unrest, government actions, embargoes, sanctions, labor disputes, strikes, fire, flood, earthquake, power outages, internet or telecommunications failures, or cyberattacks. The affected party shall promptly notify the other party of the force majeure event and shall use reasonable efforts to mitigate its effects.

General Provisions

Entire Agreement

These Terms of Service, together with our Privacy Policy and any applicable service agreements, constitute the entire agreement between you and Mkl Business Consulting Inc regarding your use of our website and services. They supersede all prior agreements, understandings, representations, and warranties, both written and oral, regarding the subject matter hereof.

Severability

If any provision of these Terms of Service is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving its original intent.

Waiver

The failure of either party to enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms of Service will be effective only if in writing and signed by an authorized representative of the waiving party.

Assignment

You may not assign or transfer these Terms of Service or any rights hereunder without our prior written consent. We may assign these terms without restriction, including in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of our assets.

Governing Law

These Terms of Service shall be governed by and construed in accordance with the laws of the Province of Manitoba and the federal laws of Canada applicable therein, without regard to conflict of law principles.

Notices

All notices under these Terms of Service shall be in writing and shall be deemed given when delivered personally, sent by certified mail, or transmitted by email with confirmation of receipt. Notices to Mkl Business Consulting Inc shall be sent to help@mklbusiness.lat. Notices to you shall be sent to the email or postal address provided in your account or service agreement.

Relationship of the Parties

Nothing in these Terms of Service shall be construed to create a partnership, joint venture, employment, or agency relationship between Mkl Business Consulting Inc and any client or user. Neither party has the authority to bind the other or incur obligations on the other behalf.

Third-Party Rights

These Terms of Service do not confer any third-party beneficiary rights. No person or entity that is not a party to this agreement shall have any right to enforce any provision hereof.

Headings

The section headings in these Terms of Service are for convenience only and shall not affect the interpretation or construction of any provision.

Language

The parties have expressly requested that these Terms of Service and all related documents be drawn up in English. Les parties aux presentes ont expressement demande que les presentes conditions dutilisation et tous les documents connexes soient rediges en anglais.

These Terms of Service were last updated on January 1, 2026. Previous versions are available upon request by contacting our legal team.