Table of Contents
These Terms of Service ("Terms") constitute a legally binding agreement between you and PM Sherpas, Inc. ("PM Sherpas," "we," "us," or "our"), a corporation registered in the State of Nevada, USA. Please read these Terms carefully before using our website or engaging our services.
For the detailed terms governing specific client engagements, our Professional Services Agreement (PSA) applies and takes precedence where applicable.
1 Acceptance of Terms
By accessing or using our website at www.pmsherpas.com (the "Site"), or by engaging PM Sherpas to provide services, you agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference.
If you are accessing the Site or engaging services on behalf of an organisation, you represent and warrant that you have the authority to bind that organisation to these Terms.
If you do not agree to these Terms, please do not use the Site or engage our services.
2 Description of Services
PM Sherpas provides enterprise project management consulting and advisory services, including but not limited to:
- PMO strategy, design, and implementation
- Project portfolio management (PPM) platform selection, configuration, and deployment
- Agile transformation and coaching
- Managed PMO services
- Training and capability development
- AI-enabled project management advisory
The specific scope, deliverables, timelines, and fees for any client engagement are governed by the applicable Statement of Work (SOW) and our Professional Services Agreement.
3 Use of the Website
You agree to use the Site only for lawful purposes and in a manner consistent with these Terms. You shall not:
- Use the Site in any way that violates applicable local, national, or international laws or regulations.
- Transmit any unsolicited or unauthorised advertising or promotional material (spam).
- Attempt to gain unauthorised access to any portion of the Site or related systems.
- Engage in any conduct that restricts or inhibits any person's use or enjoyment of the Site.
- Use any robot, spider, or other automated device to monitor or copy the Site or its content without prior written consent.
- Introduce viruses, malware, or other technologically harmful material.
PM Sherpas reserves the right to suspend or terminate access to the Site at any time, for any reason, without notice.
4 Intellectual Property
All content on the Site — including text, graphics, logos, icons, images, audio clips, digital downloads, data compilations, and software — is the property of PM Sherpas, Inc. or its content suppliers and is protected by applicable intellectual property laws.
You are granted a limited, non-exclusive, non-transferable licence to access and view the Site and its content for your personal, non-commercial informational purposes only. This licence does not include:
- Any resale or commercial use of the Site or its content.
- Any collection and use of product listings, descriptions, or prices.
- Any derivative use of the Site or its contents.
- Downloading or copying of account information for the benefit of a third party.
PM Sherpas' name, logo, and service marks are trademarks of PM Sherpas, Inc. Nothing in these Terms grants you any right to use these trademarks without prior written consent.
Intellectual property ownership arising from client engagements is governed by the applicable Professional Services Agreement.
5 Client Engagements
The provision of consulting, training, and managed services is subject to a fully executed Professional Services Agreement and associated Statement of Work. Key principles include:
- Fees and payment — fees are as agreed in the applicable SOW. Invoices are due within the payment terms specified therein. Late payments may incur interest at the applicable statutory rate.
- Scope changes — any changes to agreed scope must be documented in a written change order signed by authorised representatives of both parties.
- Client obligations — clients are responsible for providing timely access to stakeholders, systems, and information reasonably required for delivery. Delays caused by the client may affect timelines and fees.
- Subcontractors — PM Sherpas may engage qualified subcontractors or independent professionals to fulfil engagements. PM Sherpas remains responsible for the quality of deliverables.
6 Confidentiality
Each party acknowledges that during the course of an engagement, it may receive confidential information belonging to the other party. Both parties agree to:
- Hold confidential information in strict confidence.
- Use confidential information solely for the purposes of the engagement.
- Not disclose confidential information to any third party without prior written consent, except to employees or subcontractors who need to know and are bound by equivalent confidentiality obligations.
These obligations survive termination of any engagement for a period of three (3) years. Specific confidentiality terms in the PSA shall govern in the event of any conflict.
7 Disclaimers
The Site and its content are provided "as is" and "as available" without any warranties of any kind, either express or implied.
PM Sherpas expressly disclaims all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement. PM Sherpas does not warrant that the Site will be uninterrupted, error-free, or free of viruses or other harmful components.
While PM Sherpas' consulting services are delivered with professional skill and care, outcomes depend on numerous factors beyond our control, including client execution, market conditions, and third-party platform behaviour. We do not guarantee specific project, programme, or financial outcomes.
8 Limitation of Liability
To the fullest extent permitted by applicable law, PM Sherpas, Inc. and its officers, directors, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages — including loss of profits, data, goodwill, or business opportunities — arising out of or relating to your use of the Site or engagement of our services, even if PM Sherpas has been advised of the possibility of such damages.
PM Sherpas' total aggregate liability to you for any direct damages arising under or in connection with these Terms or a services engagement shall not exceed the total fees paid by you to PM Sherpas in the twelve (12) months preceding the claim.
Some jurisdictions do not allow certain limitations of liability. In such cases, the above limitations shall apply to the maximum extent permitted by law.
9 Indemnification
You agree to defend, indemnify, and hold harmless PM Sherpas, Inc. and its officers, directors, employees, contractors, and agents from and against any claims, liabilities, damages, judgements, awards, losses, costs, and expenses (including reasonable legal fees) arising out of or relating to:
- Your violation of these Terms.
- Your use of the Site in a manner not authorised herein.
- Your infringement of any third-party intellectual property or other rights.
- Any content or data you provide to PM Sherpas in connection with our services.
10 Governing Law & Disputes
These Terms shall be governed by and construed in accordance with the laws of the State of Nevada, USA, without regard to its conflict-of-law provisions.
Any dispute arising out of or in connection with these Terms shall first be subject to good-faith negotiation between the parties for a period of thirty (30) days. If unresolved, disputes shall be submitted to binding arbitration in Clark County, Nevada, under the rules of the American Arbitration Association (AAA), except that either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent irreparable harm.
You agree that any claim must be brought in your individual capacity and not as a plaintiff or class member in any purported class action.
11 Changes to These Terms
PM Sherpas reserves the right to modify these Terms at any time. We will notify you of material changes by updating the "Last Updated" date at the top of this page and, where appropriate, by posting a notice on our Site or sending you an email.
Your continued use of the Site or engagement of our services after any modification constitutes your acceptance of the updated Terms. If you do not agree to the updated Terms, please discontinue use of the Site and contact us to discuss any active engagements.
12 Contact Us
For questions about these Terms or our services, please contact:
PM Sherpas, Inc.
Las Vegas, NV, USA
Email: info@pmsherpas.com
Website: www.pmsherpas.com
For client-specific contractual matters, please refer to your executed Professional Services Agreement or contact your PM Sherpas engagement manager.