Terms & Conditions

1. Acceptance of Terms

By accessing or using this website, you agree to these Terms and Conditions. If you do not agree, please do not use this website or engage our services. We reserve the right to update these terms at any time, and your continued use of the website following any update constitutes your acceptance of the revised terms.

2. Use of This Website

You may use this website for lawful purposes only. You agree not to:

• Use the website in any way that breaches applicable Malaysian law or regulation
• Transmit any unsolicited or unauthorised advertising material
• Knowingly introduce viruses or any other malicious or technologically harmful material
• Attempt to gain unauthorised access to any part of the website or its associated servers
• Reproduce, duplicate, or copy any content from this website without our express written permission

We reserve the right to restrict or terminate your access to the website at any time without notice if we reasonably believe you are in breach of these terms.

3. Consulting Services

Bijak Counsel offers three consulting engagements: the Business Model Clarity Review, Sales Process Engineering, and Board Governance Advisory. Each engagement is described in detail on our Solutions page.

Commencement of any engagement is subject to agreement on scope, fees, and scheduling, confirmed in writing between the parties. Descriptions on this website are illustrative of the general nature of each service and do not constitute a binding offer.

Our consulting services are provided based on our professional judgement and experience. Outcomes depend on many factors, including the quality of information provided by the client and the actions taken following our engagement. We do not warrant specific commercial results from our services.

4. Fees and Payment

Service fees are as published on our website at the time of enquiry, or as agreed in writing for custom engagements. All fees are quoted in Malaysian Ringgit (RM) and are subject to applicable taxes.

• An invoice will be issued upon confirmation of an engagement
• Payment is due within 14 calendar days of the invoice date unless otherwise agreed in writing
• For multi-week or multi-month programmes, a payment schedule will be outlined in the engagement letter
• Late payments may be subject to interest at the rate of 1.5% per month on the outstanding balance

We reserve the right to suspend or decline to commence work until payment is received in accordance with agreed terms.

5. Scope of Work

The scope of each engagement will be defined in an engagement letter or written proposal. Work requested beyond the agreed scope may require a separate agreement and additional fees.

We will endeavour to meet timelines agreed at the outset of an engagement. However, timelines may be adjusted if the client is unable to provide necessary access, information, or personnel within agreed timeframes.

6. Confidentiality

Both parties acknowledge that in the course of an engagement, each may receive confidential information belonging to the other. Each party agrees to:

• Maintain the confidentiality of information disclosed by the other party
• Use such information only for the purposes of the engagement
• Not disclose such information to third parties without prior written consent, except as required by Malaysian law

This confidentiality obligation survives the termination of any engagement for a period of three years.

7. Intellectual Property

All intellectual property on this website, including text, design, graphics, and branding, is owned by or licensed to Bijak Counsel. You may not reproduce or use any part of it without our prior written consent.

Deliverables produced specifically for a client as part of a consulting engagement become the property of the client upon full payment of fees. Any underlying methodologies, frameworks, tools, or templates used in the production of deliverables remain the intellectual property of Bijak Counsel.

8. Limitation of Liability

To the fullest extent permitted by Malaysian law, Bijak Counsel's liability arising out of or in connection with any engagement or use of this website shall be limited to the fees paid by the client for the relevant engagement.

We shall not be liable for any indirect, consequential, special, or punitive losses or damages, including loss of profits, revenue, data, or business opportunity, whether arising in contract, tort, or otherwise.

Nothing in these terms limits our liability for death or personal injury caused by our negligence, or for fraud or fraudulent misrepresentation.

9. Termination of Engagement

Either party may terminate an engagement by giving 14 days' written notice. In the event of termination:

• The client shall pay for work completed and expenses reasonably incurred up to the termination date
• Bijak Counsel shall deliver any completed deliverables to the client at the time of termination
• Neither party shall be liable to the other for any losses arising solely from the exercise of this termination right

We reserve the right to terminate an engagement immediately if the client materially breaches these terms and fails to remedy the breach within 7 days of written notice.

10. Dispute Resolution

In the event of a dispute arising out of or in connection with these terms or any engagement, the parties agree to first seek resolution through good-faith discussion and negotiation.

If a dispute cannot be resolved through negotiation within 30 days, either party may refer the matter to mediation administered by the Asian International Arbitration Centre (AIAC) in Kuala Lumpur before commencing legal proceedings.

These terms and any dispute arising from them shall be governed by and construed in accordance with the laws of Malaysia. The parties submit to the exclusive jurisdiction of the courts of Malaysia.

11. General Provisions

Entire agreement. These terms, together with any engagement letter, constitute the entire agreement between the parties with respect to the subject matter and supersede all prior representations and agreements.

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

Waiver. Our failure to enforce any provision of these terms shall not constitute a waiver of our right to enforce it subsequently.

Force majeure. Neither party shall be in breach of these terms for any delay or failure to perform obligations resulting from events beyond its reasonable control.

12. Contact

For questions regarding these Terms and Conditions, please contact us at:

Bijak Counsel
52 Jalan SS 15/4, Subang Jaya, 47500 Selangor, Malaysia
Email: [email protected]
Telephone: +60 3-5621 8374