Legal
Terms & Conditions
Last updated: 28 April 2025 · Effective: 28 April 2025
1. Definitions
In these Terms and Conditions, the following terms have the meanings set out below:
- "Agreement" — these Terms and Conditions, together with any engagement letter or scope document agreed between us and a Client.
- "Client" or "Principal" — the individual or organisation that has engaged Teratai Konsult under a written engagement letter.
- "Services" — the advisory services provided by Teratai Konsult as described in the relevant engagement letter.
- "We", "Us", "Our Firm" — Teratai Konsult, with its principal office at Suite 8.02, Wisma Saujana, 2 Lorong Dungun Kiri, Damansara Heights, 50490 Kuala Lumpur, Malaysia.
- "Website" — the website operated by Teratai Konsult at terataika.site.
- "Deliverable" — any written document prepared by us in the course of providing the Services.
2. Acceptance of Terms
By using our Website or submitting an enquiry, you agree to be bound by these Terms and Conditions. If you do not agree with any part of these terms, please do not use our Website or submit an enquiry.
Our Services are intended for senior business executives and are directed at persons aged 18 and over with the legal capacity to enter into binding agreements. By engaging our Services, you represent that you meet these requirements.
A formal engagement commences only upon the execution of a written engagement letter between Teratai Konsult and the Client. These Terms and Conditions govern the use of our Website and any pre-engagement communications; the engagement letter governs the conduct of the Services themselves.
3. Our Services
Teratai Konsult provides senior business advisory services to chief executives, managing directors and board chairs of established Malaysian firms. Our three principal service offerings — Senior Strategic Reading, Board Composition and Succession Advisory, and Group-Level Senior Advisory Retainer — are described in detail on our Solutions page.
All Services are delivered within Malaysia. We do not operate as a licensed legal, accounting, financial advisory or investment advisory firm. Nothing in our Deliverables constitutes legal advice, financial advice, or a recommendation to take or refrain from taking any specific course of action.
4. Website Use and User Responsibilities
You may use our Website for the purpose of learning about our Services and submitting enquiries. You agree not to use the Website for any unlawful purpose, to transmit harmful or fraudulent content, to attempt to gain unauthorised access to any part of our systems, or to use automated means to collect information from the Website without our written consent.
When submitting an enquiry, you agree to provide accurate and complete information. You are responsible for maintaining the confidentiality of any access credentials you may hold in connection with our services.
5. Intellectual Property
All content on this Website — including text, layout and design — is owned by or licensed to Teratai Konsult and is protected by applicable intellectual property laws. You may not reproduce, distribute, or create derivative works from Website content without our prior written consent.
Deliverables prepared in the course of an engagement are provided for the exclusive use of the named Client principal. They may not be shared with third parties, published or reproduced without our written agreement. The underlying analytical approaches and frameworks used in preparing Deliverables remain the intellectual property of Teratai Konsult.
6. Fees and Payment
All fees are stated in Malaysian Ringgit (RM) and are as set out in the engagement letter. Fees are invoiced at the commencement of each engagement period and are due within 14 days of the invoice date, unless otherwise agreed in writing.
Payment may be made by electronic bank transfer to the account details provided on each invoice. We do not accept cash payments.
We do not offer refunds once an engagement has commenced, except where we have materially failed to deliver the Services as described in the engagement letter. In such circumstances, any refund will be calculated on a pro-rata basis and will require written agreement between both parties.
7. Engagement-Specific Terms
Each advisory engagement is governed by a written scope document agreed before work begins. The scope sets out the specific Services to be delivered, the timeline, the fee and the confidentiality terms applicable to that engagement.
Changes to the agreed scope require written agreement from both parties. We will not expand the scope of an engagement at our own initiative; any proposed change will be presented to the Client for agreement before additional work is undertaken.
For retainer arrangements, the retainer is renewed by mutual written agreement. Either party may choose not to renew at the end of the 12-month period without obligation.
8. Disclaimers
Our advisory Services are provided on the basis of our professional judgement and the information available to us at the time of the engagement. We do not warrant that our Deliverables will lead to any particular outcome, or that the views expressed in them will prove to be correct with the passage of time.
Our Website is provided on an "as available" basis. We do not warrant that the Website will be uninterrupted or error-free, and we accept no liability for any loss arising from an inability to access the Website.
9. Limitation of Liability
To the maximum extent permitted by Malaysian law, our total liability to any Client in connection with a specific engagement shall not exceed the fee paid for that engagement. We shall not be liable for any indirect, consequential, or special losses, including loss of profit or business opportunity, whether or not we were advised of the possibility of such losses.
Nothing in these terms limits our liability for fraud, wilful misconduct, or any matter that cannot be excluded by law.
We are not liable for any failure to perform our obligations caused by circumstances beyond our reasonable control, including but not limited to natural disasters, public health emergencies, or failures of third-party infrastructure.
10. Indemnification
You agree to indemnify and hold harmless Teratai Konsult and its principals against any claims, losses, costs or expenses (including reasonable legal fees) arising from your breach of these Terms and Conditions or your misuse of our Website or Services.
11. Termination
Either party may terminate an engagement by giving 14 days' written notice to the other. On termination, fees are payable for work completed up to the date of termination; no further fees are payable for work not yet commenced. All confidentiality obligations survive termination.
We reserve the right to terminate an engagement immediately if the Client acts in a manner that, in our reasonable judgement, makes continuation of the professional relationship inappropriate.
12. Dispute Resolution and Governing Law
These Terms and Conditions are governed by and construed in accordance with the laws of Malaysia. Any dispute arising in connection with these terms or our Services shall first be referred to good-faith negotiation between the parties. If the dispute is not resolved within 30 days of written notice, either party may refer it to the courts of Malaysia.
The parties submit to the exclusive jurisdiction of the courts of Malaysia in relation to any dispute arising under these terms.
13. General Provisions
Entire agreement. These Terms and Conditions, together with any applicable engagement letter, constitute the entire agreement between the parties with respect to the subject matter hereof and supersede all prior discussions and agreements.
Severability. If any provision of these terms is found to be unenforceable, the remaining provisions shall continue in full force.
Waiver. A failure to exercise any right under these terms does not constitute a waiver of that right.
Assignment. We may not assign our obligations under an engagement letter without the Client's written consent. Clients may not assign their rights under an engagement letter without our consent.
Notices. Notices should be sent by email to [email protected] or to our registered office address.
14. Changes to These Terms
We may update these Terms and Conditions from time to time. When we do, we will revise the "Last updated" date at the top of this page. Continued use of our Website following an update constitutes your acceptance of the revised terms. For existing engagements, any material changes to terms will be notified in writing and will not apply without the Client's agreement.
15. Contact
For legal enquiries relating to these Terms and Conditions, please write to:
Teratai Konsult
Suite 8.02, Wisma Saujana, 2 Lorong Dungun Kiri
Damansara Heights, 50490 Kuala Lumpur, Malaysia
[email protected]