Terms & Conditions

By submitting an enquiry, signing an engagement letter, or proceeding with the Firm's services, the Client acknowledges acceptance of these Terms & Conditions in their entirety.

The Client must be at least 18 years of age and possess the legal capacity to enter into binding agreements under Malaysian law. Where a Client engages on behalf of a company or organisation, the individual doing so warrants that they hold appropriate authorisation to bind that entity.

If you do not agree with any part of these terms, we respectfully ask that you refrain from engaging our services and contact us to discuss your concerns before proceeding.

All engagements commence upon the Client's written acceptance of an engagement letter or service order, together with payment of any applicable deposit or fee as specified therein.

The Firm requires a briefing session prior to commencement of drafting or audit services. The Client is expected to provide accurate and complete information during this briefing. The Firm's work product is based entirely on information furnished by the Client and is not a substitute for independent due diligence.

Timelines stated in service descriptions are estimates based on standard scope and prompt Client cooperation. Delays caused by late provision of instructions, materials, or approvals from the Client may extend delivery timelines proportionally.

Revisions included in a service are limited to the number specified in the service description. Additional revision rounds, if required, may be subject to supplemental fees as agreed in writing.

All draft agreements, reports, templates, and written materials produced by the Firm remain the intellectual property of Amanah Counsel until full payment for the relevant engagement has been received.

Upon receipt of full payment, the Firm grants the Client a non-transferable, non-sublicensable licence to use the finalised work product for the specific commercial purpose for which it was drafted. The Client may not resell, republish, or redistribute the work product as a standalone document or legal template.

Methodologies, precedents, and internal frameworks used by the Firm in producing the work product remain the exclusive property of Amanah Counsel and are not transferred to the Client.

The Client retains ownership of all source documents, instructions, and background materials furnished to the Firm for the purpose of the engagement.

All fees are denominated in Malaysian Ringgit (RM) and are inclusive of applicable taxes unless otherwise stated. Current service fees are:

For fixed-fee services, full payment or a deposit as specified in the engagement letter is due prior to commencement. For retainer arrangements, the monthly fee is payable in advance on the first working day of each calendar month.

Accepted payment methods include bank transfer to the Firm's designated account, as detailed in the engagement letter or invoice. Receipts are issued within two working days of cleared payment.

Refund policy: Due to the nature of professional advisory services, fees paid for work already commenced are not refundable. Where an engagement is cancelled by the Client before commencement, any deposit paid may be refunded at the Firm's discretion, less any administrative costs incurred. The Firm will communicate its position in writing within five working days of receiving a cancellation notice.

Invoices not settled within fourteen days of issuance may attract an administrative charge of 1.5% per month on the outstanding balance.

The Firm treats all Client information and engagement materials as strictly confidential. Information shared during the course of an engagement will not be disclosed to third parties without the Client's prior written consent, except where disclosure is required by law, a court order, or applicable regulatory authority.

The Client similarly agrees to treat any proprietary methodologies, templates, or internal materials shared by the Firm as confidential and not to disclose these to competitors or other parties without written consent.

Confidentiality obligations under this section survive the termination of the engagement for a period of three years.

Nothing in this section limits the Firm's right to refer to the engagement in general terms (without identifying the Client) for the purpose of professional development or quality assurance reviews.

Services are provided on the basis of information furnished by the Client and the state of Malaysian law at the time of the engagement. The Firm does not warrant that contract language will remain effective or enforceable in the event of future legislative changes unless specifically retained to advise on such changes.

Legal outcomes in commercial matters depend on multiple factors beyond the scope of any single contract, including counterparty conduct, judicial interpretation, and commercial circumstances. The Firm makes no representation regarding specific business or legal outcomes arising from its work product.

Website content, general articles, and any information published on the Firm's digital channels are provided for informational purposes only and do not constitute legal advice. Clients should not act on such content without first consulting the Firm directly regarding their specific circumstances.

The Firm does not provide advice on tax implications, regulatory licensing, or foreign law matters unless expressly agreed in an engagement letter.

To the fullest extent permitted by Malaysian law, the Firm's aggregate liability to the Client arising out of or in connection with any engagement shall not exceed the total fees paid by the Client for the specific engagement to which the claim relates.

The Firm shall not be liable for any indirect, consequential, incidental, or special loss or damage, including loss of business, loss of revenue, or loss of opportunity, even if the Firm has been advised of the possibility of such losses.

The Firm shall not be liable for any loss arising from the Client's failure to provide accurate or complete instructions, or from the Client's decision to proceed contrary to the Firm's written advice.

Nothing in this clause limits liability for fraud, gross negligence, or any liability that cannot lawfully be excluded under Malaysian law.

Either party may terminate an engagement by providing written notice. For fixed-scope engagements, termination notice should be provided at least five working days before the expected delivery date. For retainer arrangements, notice of termination should be provided at least thirty calendar days before the next billing period.

The Firm reserves the right to suspend or terminate an engagement with immediate effect where the Client has breached these terms, provided false information, or placed the Firm in a position that would compromise its professional obligations.

Upon termination, the Client is responsible for fees corresponding to work completed up to the date of termination. The Firm will issue a final account within ten working days of the termination date.

Clauses relating to confidentiality, intellectual property, payment, and limitation of liability survive termination of any engagement.

These Terms & Conditions are governed by and construed in accordance with the laws of Malaysia.

Where a dispute arises in connection with an engagement, both parties agree to first attempt resolution through direct written communication. If the matter is not resolved within fifteen working days of written notice of dispute, the parties may explore mediation through the Malaysian Mediation Centre before commencing formal proceedings.

If resolution through mediation is unsuccessful or not mutually agreed, disputes shall be subject to the exclusive jurisdiction of the courts of Malaysia, with the High Court of Malaya as the court of first instance for disputes exceeding the applicable Magistrates' Court jurisdiction.

The Client may also refer complaints regarding professional conduct to the Bar Council Malaysia if the Client believes a regulatory matter warrants formal review.

Entire Agreement: These Terms & Conditions, together with any engagement letter issued by the Firm, constitute the entire agreement between the parties in relation to the relevant engagement and supersede all prior discussions, representations, or understandings.

Severability: If any provision of these Terms & Conditions is found to be invalid, unlawful, or unenforceable, that provision shall be severed and the remaining terms shall continue in full force and effect.

Waiver: A failure by either party to exercise or enforce any right under these terms does not constitute a waiver of that right and shall not affect the party's ability to exercise or enforce that right in the future.

Assignment: The Client may not assign or transfer any rights or obligations under an engagement without the Firm's prior written consent. The Firm may engage qualified associates or subcontractors to assist with an engagement, subject to the same confidentiality obligations.

Force Majeure: Neither party shall be liable for delays caused by events beyond their reasonable control, including but not limited to natural disasters, government directives, or infrastructure failures, provided prompt written notice is given.

The Firm may update these Terms & Conditions from time to time to reflect changes in its services, applicable law, or professional standards. Material changes will be communicated to active Clients via email at least fourteen calendar days before taking effect.

The updated terms will be published on the Firm's website with a revised effective date. Continued use of our services following the effective date of any update constitutes acceptance of the revised terms.

Clients who do not wish to accept revised terms are welcome to contact us to discuss their engagement before the changes take effect.