Terms & Conditions

1. About Us

MCW Lawyers is a legal and cyber risk advisory firm registered in British Columbia, Canada. Our registered office is at 13450 102 Ave, Surrey, BC V3T 0C3, Canada.

Our legal practitioners are regulated by the Law Society of British Columbia. Our information security practice holds ISO 27001:2022 certification. We are registered with the Office of the Information and Privacy Commissioner for British Columbia (OIPC).

2. Acceptance of Terms

By using this website, enquiring about or engaging our services, or entering into a client engagement letter with MCW Lawyers, you confirm that you:

• Have read, understood, and agree to be bound by these Terms and Conditions;
• Are at least 18 years of age and have the legal authority to enter into a binding agreement;
• Are acting on behalf of a business or organisation, and have the authority to bind that entity.

If you do not agree with any part of these Terms, you must not use this website or engage our services.

3. Scope of Services

MCW Lawyers provides integrated legal and cyber risk advisory services including, but not limited to:

• Cyber risk legal advisory and governance frameworks;
• Data protection and privacy law compliance (GDPR, UK GDPR, CCPA, and equivalents);
• Incident response legal counsel and crisis management;
• Regulatory compliance advisory (NIS2, DORA, HIPAA, PCI-DSS, FCA Rules);
• Digital contract law, drafting, and review;
• Cyber insurance advisory and claims support.

The specific scope of any engagement is defined in the client engagement letter and associated terms of business issued to each client. In the event of any conflict between these Terms and your engagement letter, the engagement letter shall prevail.

4. Client Obligations

In order for us to provide services effectively, you agree to:

• Provide accurate, complete, and timely information as reasonably requested;
• Notify us promptly of any changes to your circumstances that may be relevant to the engagement;
• Comply with all applicable laws and regulations in connection with your use of our services;
• Not use our services for any unlawful, fraudulent, or improper purpose;
• Pay all fees and disbursements in accordance with the agreed payment terms.

5. Fees and Payment

Our fees are set out in your engagement letter or a separate fee agreement. Unless otherwise agreed in writing:

• Fees are invoiced monthly in arrears or upon completion of defined deliverables;
• Payment is due within 30 days of the invoice date;
• We reserve the right to charge interest on overdue invoices at 2% per month (26.8% per annum) on overdue amounts, to the extent permitted by applicable law;
• All fees are exclusive of GST/HST, which will be charged at the applicable rate.

Emergency and out-of-hours incident response services may be subject to additional charges as set out in your engagement letter.

6. Confidentiality and Legal Professional Privilege

We take confidentiality seriously. All communications between MCW Lawyers and our clients may be protected by legal professional privilege where the conditions for such protection are met under the laws of British Columbia and Canada. This protection may allow communications to be withheld from disclosure in regulatory investigations, litigation, and legal proceedings.

We will not disclose confidential information about you or your organisation to third parties without your prior written consent, except where required by law, court order, regulatory authority, or as permitted by our professional obligations.

You agree to keep confidential any proprietary methodologies, frameworks, or materials we provide, and not to share them with third parties without our prior written consent.

7. Intellectual Property

All content on this website — including text, graphics, logos, and software — is owned by or licensed to MCW Lawyers and is protected by the laws of British Columbia and Canada and international intellectual property law.

Deliverables prepared for you as part of a client engagement become your property upon full payment of all fees due. We retain the right to use general methodologies, know-how, and non-client-specific insights developed in the course of the engagement for our own business purposes, provided we do not disclose your confidential information.

You may not reproduce, modify, distribute, or exploit any content from this website without our prior written permission.

8. Data Protection

MCW Lawyers processes personal data in accordance with our Privacy Policy and applicable data protection legislation, including the Personal Information Protection Act (PIPA) of British Columbia.

Please refer to our Privacy Policy for full details of how we collect, use, store, and protect your personal data, and your rights in relation to that data.

9. Limitation of Liability

To the fullest extent permitted by law:

• Our total aggregate liability to you arising from or in connection with any engagement shall not exceed the total fees paid to us in respect of that specific engagement in the twelve months preceding the claim;
• We shall not be liable for any indirect, consequential, special, or punitive losses, including loss of profits, loss of business, or reputational damage;
• We shall not be liable for any failure or delay caused by circumstances beyond our reasonable control (force majeure).

Nothing in these Terms limits or excludes our liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation, or any other liability that cannot be excluded by the laws of British Columbia and Canada.

10. Indemnification

You agree to indemnify and hold harmless MCW Lawyers, its partners, employees, and advisors from and against any claims, losses, damages, costs, and expenses (including reasonable legal fees) arising from:

• Your breach of these Terms or any applicable law;
• Any misrepresentation or inaccuracy in information you provide to us;
• Your use of our services for any unlawful or improper purpose.

11. Website Use and Disclaimers

The content on this website is provided for general information purposes only and does not constitute legal advice. You should not rely on any content on this website as a substitute for obtaining specific legal or professional advice tailored to your circumstances.

We make reasonable efforts to keep the information on this website accurate and up to date, but we make no representations or warranties, express or implied, about its completeness, accuracy, or suitability for any particular purpose.

12. Third-Party Links

This website may contain links to third-party websites. These links are provided for convenience only. We have no control over the content of those websites and accept no responsibility for them or for any loss or damage that may arise from your use of them.

13. Termination

Either party may terminate an engagement by giving written notice in accordance with the terms set out in the engagement letter. In the absence of such terms, either party may terminate on 30 days' written notice.

We reserve the right to terminate immediately if you breach any material term of these Terms or your engagement letter, become insolvent, or if continuing the engagement would cause us to breach our professional obligations.

Upon termination, you remain liable for all fees and disbursements incurred up to the date of termination.

14. Governing Law and Jurisdiction

These Terms and any engagement with MCW Lawyers are governed by and construed in accordance with the laws of British Columbia, Canada.

Any disputes arising from or in connection with these Terms or an engagement shall be subject to the exclusive jurisdiction of the courts of British Columbia, Canada, unless both parties agree in writing to an alternative dispute resolution mechanism.

15. Changes to These Terms

We may update these Terms from time to time. Where changes are material, we will provide reasonable notice. Continued use of this website or our services following such notice constitutes acceptance of the updated Terms.

The current version of these Terms is always available on this page and displays the date of the last update above.

16. Contact Us

If you have any questions about these Terms and Conditions, please contact us: