Please read these Terms and Conditions ("Terms") carefully before using the website and services of PMK Consulting LLC DBA Kirchmann Consulting ("Company," "we," "us," or "our"). By accessing or using our website or engaging our security consulting services, you ("Client" or "you") agree to be bound by these Terms. If you do not agree, please discontinue use immediately.

 

1. DESCRIPTION OF SERVICES

PMK Consulting LLC DBA Kirchmann Consulting provides professional security consulting services, which may include but are not limited to:

• Threat and vulnerability assessments, including physical perimeter integrity, access control evaluation, surveillance coverage analysis, critical asset exposure, insider threat potential, and emergency response readiness

• Security design and strategic planning, including integrated security master planning, access control system architecture, video surveillance strategy, intrusion detection planning, and capital improvement prioritization

• Policy, standard operating procedure (SOP), and emergency preparedness planning, including workplace violence prevention, active threat response, disaster recovery, incident reporting protocols, and chain-of-command development

• Technology and system integration advisory, including vendor-neutral support for access control, CCTV and video analytics, intrusion detection, visitor management systems, RFP development, bid evaluation, and system commissioning oversight

• Commissioning, validation, optimization, and ongoing security advisory services, including system configuration review, integration performance validation, monitoring protocol assessment, and continuous risk reassessment

 

The specific scope of services provided to each Client will be set forth in a separate Statement of Work ("SOW") or engagement letter, which forms part of the agreement between the parties. In the event of a conflict between these Terms and an SOW, the SOW shall control.

 

2. PRIVACY AND DATA USE

2.1 Data We Collect

In the course of providing our services, we may collect certain information from you, including:

• Contact and identification information (name, email, phone number, business address)

• Organizational and operational data relevant to performing security assessments

• Technical and system data as required to conduct agreed-upon evaluations

• Communications and correspondence related to our engagement

 

2.2 How We Use Your Data

We use the information collected solely for the following purposes:

• To deliver the agreed consulting services

• To communicate with you regarding your engagement and our services

• To comply with applicable legal and regulatory obligations

• To improve our service offerings (using anonymized, non-identifiable data only)

 

2.3 Data Confidentiality

Given the sensitive nature of security consulting, we treat all Client data as strictly confidential. We will not sell, rent, share, or disclose your information to third parties except: (i) with your prior written consent; (ii) to subcontractors or partners bound by equivalent confidentiality obligations; or (iii) as required by law or court order.

 

2.4 Data Retention and Security

We retain Client data only as long as necessary to fulfill the purposes described herein or as required by applicable law. We implement industry-standard technical and organizational measures to protect your data against unauthorized access, alteration, or disclosure. However, no method of transmission or storage is entirely secure, and we cannot guarantee absolute security.

 

2.5 Your Data Rights

Depending on your jurisdiction, you may have the right to access, correct, delete, or restrict the processing of your personal data. To exercise these rights, please contact us at [privacy@kirchmannconsulting.com]. We will respond to verified requests within the timeframe required by applicable law.

 

3. DISCLAIMERS AND LIMITATION OF LIABILITY

3.1 No Guarantee of Security

While we strive to provide thorough and professional security consulting, the nature of security risk means that no assessment, recommendation, or implementation can guarantee the complete prevention of security incidents, breaches, or losses. Our services represent professional judgment and best practices at the time of engagement and are not warranties of any specific outcome.

 

3.2 Disclaimer of Warranties

OUR SERVICES AND WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT OUR WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

 

3.3 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PMK CONSULTING LLC DBA KIRCHMANN CONSULTING, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SUBCONTRACTORS BE LIABLE FOR ANY:

• INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES;

• LOSS OF PROFITS, REVENUE, DATA, BUSINESS OPPORTUNITY, OR GOODWILL;

• COSTS OF SUBSTITUTE SERVICES OR SECURITY MEASURES;

• DAMAGES ARISING FROM SECURITY BREACHES, CYBERATTACKS, OR THIRD-PARTY ACTIONS THAT OCCUR AFTER OUR ENGAGEMENT HAS CONCLUDED.

 

IN ALL CASES, OUR TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR ANY ENGAGEMENT SHALL NOT EXCEED THE TOTAL FEES PAID BY THE CLIENT TO US IN THE THREE (3) MONTHS PRECEDING THE CLAIM.

 

3.4 Client Responsibilities

The Client acknowledges that the effectiveness of our consulting services depends in part on the accuracy and completeness of information provided by the Client. We are not liable for any deficiencies in our work resulting from incomplete, inaccurate, or withheld information. The Client is solely responsible for decisions made based on our recommendations.

 

3.5 Third-Party Tools and Resources

Our website may contain links to third-party websites or tools. These are provided for convenience only. We do not endorse, control, or assume responsibility for the content, privacy practices, or security of any third-party sites.

 

4. GOVERNING LAW AND DISPUTE RESOLUTION

4.1 Governing Law

These Terms and any dispute arising out of or related to them shall be governed by and construed in accordance with the laws of the State of [STATE], without regard to its conflict of law principles. If your engagement involves services subject to federal regulations, applicable federal law shall also apply.

 

4.2 Informal Resolution

Before initiating any formal dispute resolution proceeding, the parties agree to attempt to resolve any dispute informally. The aggrieved party must provide written notice describing the dispute in reasonable detail. The parties will then have thirty (30) days to attempt a negotiated resolution in good faith.

 

4.3 Binding Arbitration

If informal resolution fails, any dispute, claim, or controversy arising out of or relating to these Terms or any engagement with the Company shall be resolved by binding arbitration administered by [e.g., JAMS or AAA] in accordance with its applicable rules. The arbitration shall be conducted in [City, State]. The arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

 

4.4 Class Action Waiver

To the extent permitted by law, you agree to resolve disputes with us on an individual basis only and waive any right to bring or participate in any class action, collective action, or representative proceeding.

 

4.5 Exceptions

Notwithstanding the above, either party may seek injunctive or equitable relief in a court of competent jurisdiction to protect confidential information, intellectual property rights, or to prevent irreparable harm pending arbitration.

 

5. INTELLECTUAL PROPERTY

All content on our website, including but not limited to text, graphics, logos, and reports, is the property of PMK Consulting LLC DBA Kirchmann Consulting or its licensors. Deliverables produced specifically for a Client engagement become the Client's property upon full payment of applicable fees. We retain the right to use anonymized, non-identifiable learnings from engagements to improve our methodologies and services.

 

6. MODIFICATIONS TO THESE TERMS

We reserve the right to update or modify these Terms at any time. Material changes will be communicated via our website or direct notice to active Clients. Continued use of our website or services following notice of changes constitutes your acceptance of the revised Terms.

 

7. CONTACT INFORMATION

If you have any questions regarding these Terms, please contact us at: