Terms & Conditions

Anaza Advisory Inc. · These Terms & Conditions ("Terms") govern the use of this website and, together with an executed engagement letter or statement of work ("SOW"), all professional advisory services provided by Anaza Advisory Inc. ("Anaza Advisory", "we", "us"). By accessing this website or engaging our services, you agree to these Terms. Please read them carefully.

1. About These Terms

These Terms govern access to www.anazaadvisory.com and all advisory services provided by Anaza Advisory Inc., a federal corporation incorporated under the laws of Canada (registered in Calgary, Alberta). They form part of the overall contractual framework between Anaza Advisory and each client, together with the applicable engagement letter or SOW. In the event of a conflict between these Terms and an engagement letter or SOW, the engagement letter or SOW prevails to the extent of the inconsistency.

2. Nature of Services

Anaza Advisory provides data privacy, cybersecurity, compliance, and business advisory services, including but not limited to:

• GRC framework design and implementation
• Privacy program design (HIPAA, PHIPA, PIPEDA, GDPR)
• Audit readiness and control assurance (SOC 2, ISO 27001, ISO 42001, PCI DSS, SOX)
• Policy and documentation development
• Fractional CISO, Privacy Officer, and Compliance Officer advisory
• AI governance advisory (ISO 42001)
• Training and security awareness programs

Note: Our services constitute professional advisory support and do not constitute legal advice, legal opinion, or assurance services. Clients should consult qualified legal counsel for legal interpretation of statutes and regulations applicable to their specific organization.

3. Engagements & Deliverables

• Each engagement is defined by a mutually executed engagement letter or SOW describing scope, deliverables, timelines, and fees.
• Deliverables are prepared based on information made available to us, the regulatory landscape at the time of delivery, and the agreed scope. Material changes in scope are handled through written change control.
• Advisory recommendations are provided for the client's internal use only and may not be relied upon by third parties without our prior written consent.
• Where an engagement is terminated prior to completion, deliverables completed up to the effective date of termination are licensed to the client on a proportionate basis corresponding to fees received for those deliverables.

4. Client Responsibilities

• Provide timely, accurate, and complete information reasonably required for the engagement.
• Designate a point of contact with authority to make engagement decisions.
• Retain ownership of, and accountability for, management decisions, control operation, and the organization's regulatory compliance posture.
• Notify Anaza Advisory promptly of any material changes to the organization's regulatory environment, systems, or business operations relevant to the engagement.

5. No Guarantee of Regulatory or Audit/Assessment Outcomes

Compliance frameworks, audit readiness support, and control implementation materially improve an organization's posture; however, certification, attestation, audit, and regulatory outcomes are determined solely by independent auditors, certification bodies, and regulators. Anaza Advisory does not guarantee the outcome of any audit, assessment, examination, or regulatory review.

Anaza Advisory does not guarantee the outcome of any audit, assessment, examination, or regulatory review. Services are provided on a professional best efforts basis. To the extent permitted by applicable law, all implied warranties, including implied warranties of fitness for a particular purpose or merchantability, are expressly disclaimed.

6. Confidentiality

Each party will protect the other party's confidential information with no less than a reasonable standard of care and will use it solely for purposes of the engagement.

Engagements involving access to client confidential information will be governed by a mutual Non-Disclosure Agreement (NDA) executed prior to commencement of substantive work. Confidentiality obligations survive the completion or termination of an engagement for a period of three (3) years, or indefinitely with respect to information constituting trade secrets.

7. Data Protection & Privacy

Where our work requires access to personal information or regulated data (including PHI or PII), Anaza Advisory operates in accordance with applicable data protection legislation, including PIPEDA, PHIPA, GDPR, HIPAA, and other obligations as relevant to the engagement, and in accordance with our internal data protection policies.

Access is limited to what is strictly necessary for the engagement, and appropriate technical and organizational safeguards are maintained at all times.

For engagements involving the processing of personal data on behalf of clients subject to GDPR, the parties will execute a Data Processing Agreement ("DPA") in accordance with Article 28 of the GDPR prior to any such processing. The DPA governs the roles, responsibilities, and obligations of each party as controller and processor respectively.
Note: For information on how Anaza Advisory processes website visitor data, please refer to our Privacy Policy available

8. Intellectual Property

Upon full payment of all fees due, clients receive a perpetual, non-exclusive, non-transferable licence to use deliverables for their internal business purposes.

Anaza Advisory retains ownership of all pre-existing methodologies, frameworks, templates, tools, know-how, and any improvements or derivative works developed during engagements that are not specific to the client's confidential information.

Where an engagement is terminated prior to completion and partial deliverables have been provided, the licence granted above applies proportionately to the deliverables completed, corresponding to fees paid for those deliverables.

9. Fees & Payment

Fees, invoicing schedules, and payment terms are set out in the applicable engagement letter or SOW. Unless otherwise agreed in writing, invoices are payable within thirty (30) days of the invoice date.

Anaza Advisory reserves the right to suspend services on accounts overdue by more than fifteen (15) days, following written notice to the client. Overdue amounts may accrue interest at the rate of 1.5% per month (18% per annum) or the maximum rate permitted by applicable law, whichever is lower.

All fees are exclusive of applicable taxes (including GST/HST) unless expressly stated otherwise.

10. Limitation of Liability

To the maximum extent permitted by applicable law, the aggregate liability of either party arising out of or relating to an engagement, whether in contract, tort (including negligence), or otherwise, is limited to the total fees paid by the client for the specific services giving rise to the claim in the twelve (12) months preceding the event giving rise to liability.

Neither party is liable to the other for any indirect, incidental, consequential, special, punitive, or exemplary damages, including loss of profits, revenue, data, business opportunity, or goodwill, even if advised of the possibility of such damages.

Note: Nothing in these Terms limits or excludes liability for fraud, gross negligence, wilful misconduct, or any liability that cannot be excluded by law.

11. Independence & Conflicts

Anaza Advisory maintains professional objectivity in all engagements and will promptly disclose to the client any actual or perceived conflict of interest that arises during an engagement.

Where independence requirements apply, for example, in support of an external audit/assessment or regulatory examination, roles, responsibilities, and independence parameters are clearly delineated in the applicable SOW.

12. Subcontractors

Anaza Advisory may engage qualified subcontractors or associates to assist in the delivery of services. Where subcontractors are engaged:

• They are bound by confidentiality obligations no less protective than those in these Terms.
• Where the engagement involves access to PHI, PII, or other regulated data, subcontractors are subject to appropriate data protection agreements prior to access.
• Anaza Advisory remains responsible to the client for the performance of subcontracted services.

Clients will be notified where a subcontractor will have material involvement in an engagement, and may raise reasonable objections in advance.

13. Force & Majeure

Neither party shall be liable for any delay or failure to perform its obligations under these Terms or an engagement letter to the extent such delay or failure is caused by events beyond that party's reasonable control, including but not limited to:

• Acts of God, natural disasters, or extreme weather events
• Pandemics, epidemics, or public health emergencies
• Cyberattacks, infrastructure outages, or telecommunications failures not caused by that party
• Acts of government, regulatory action, or changes in applicable law
• Armed conflict, civil unrest, or sanctions

The affected party will notify the other as soon as reasonably practicable and will use commercially reasonable efforts to resume performance. If a force majeure event continues for more than sixty (60) days, either party may terminate the affected engagement on written notice without further liability, except for fees due for services performed prior to termination.

14. Sanctions & Export Controls

Anaza Advisory's services are not available to individuals, organizations, or jurisdictions subject to applicable Canadian, United States, United Nations, or European Union sanctions, export controls, or trade restrictions.

By engaging our services, clients represent and warrant that they are not subject to any such sanctions or restrictions and that receipt of our services does not violate any applicable export control or sanctions law.

15. Term, Termination & Survival

Either party may terminate an engagement in accordance with the terms of the applicable engagement letter or SOW. In the absence of specific termination provisions, either party may terminate on thirty (30) days' written notice.

Fees for services performed and expenses incurred up to the effective date of termination remain payable.

The following provisions survive termination or expiry of any engagement and these Terms: Confidentiality (Clause 6), Data Protection (Clause 7), Intellectual Property (Clause 8), Limitation of Liability (Clause 10), Dispute Resolution (Clause 17), and Governing Law (Clause 18).

16. Website Use

Content on this website is provided for general informational purposes only and does not constitute professional, legal, or regulatory advice for any specific situation.

While Anaza Advisory endeavours to keep website content accurate and current, we make no warranty express or implied as to its completeness, accuracy, or fitness for any particular purpose. Website content should not be relied upon as a substitute for tailored professional advice.

Logos, trademarks, and brand assets of clients and third parties referenced on this website remain the property of their respective owners and are used for identification purposes only.

This website may use cookies and analytics tools. For details on how we collect, use, and protect your data as a website visitor, please refer to our Privacy Policy.

17. Dispute Resolution

The parties agree to attempt to resolve any dispute arising out of or relating to these Terms or an engagement in good faith through direct negotiation between senior representatives of each party within fifteen (15) business days of written notice of a dispute.

If the dispute is not resolved through negotiation within that period, either party may refer the matter to non-binding mediation administered by a mutually agreed mediator in Calgary, Alberta, before initiating formal legal proceedings.

If mediation is unsuccessful or either party declines mediation, disputes shall be finally resolved by the courts of the Province of Alberta, to whose exclusive jurisdiction both parties irrevocably submit.

Note: For engagements with clients in other jurisdictions, the dispute resolution mechanism may be varied by the applicable engagement letter or SOW.

18. Governing Law

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

The engagement letter or SOW may specify an alternative governing law where required by the nature or location of the engagement.

19. Amendments

Anaza Advisory reserves the right to update these Terms from time to time. Material changes will be communicated via the website with a revised effective date. Continued use of the website or ongoing engagement with Anaza Advisory following notice of an amendment constitutes acceptance of the updated Terms.

For active engagements, amendments to these Terms do not alter the terms of an executed engagement letter or SOW without mutual written agreement.

20. General Provisions

• 20.1 Entire Agreement:

  These Terms, together with the applicable engagement letter or SOW and any executed NDA or DPA, constitute the entire agreement between the parties with respect to the subject matter and supersede all prior representations, discussions, and agreements.

• 20.2 Severability:

  If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions continue in full force and effect.

• 20.3 Waiver:

  Failure to enforce any provision of these Terms does not constitute a waiver of the right to enforce that provision in future.

• 20.4 Assignment:

  Neither party may assign its rights or obligations under an engagement without the prior written consent of the other party, except that Anaza Advisory may assign to an affiliate or successor entity following reasonable notice.

• 20.5 Notices:

  Formal notices under these Terms must be in writing and delivered by email with confirmation of receipt or by registered mail to the addresses set out in the applicable engagement letter or SOW.

• 20.6 Language:

  These Terms are prepared in English. In the event of any translation, the English version prevails.

15. Contact

Questions or concerns regarding these Terms may be directed to:

• hasan@anazaadvisory.com
• Website: www.anazaadvisory.com