LEGAL — TERMS & CONDITIONS
Terms & Conditions
Last updated: 25 April 2025 · Effective date: 25 April 2025 · Anjung Konsult Sdn Bhd
1. Definitions
In these Terms and Conditions, the following terms have the meanings set out below:
- "Agreement" means these Terms and Conditions together with any scope document agreed between the parties for a specific consulting engagement.
- "Client" or "you" means the individual or organisation that accesses this website or engages Anjung Konsult's services.
- "Anjung Konsult", "we", "us" or "our" means Anjung Konsult Sdn Bhd, a company registered in Malaysia and located at 7 Jalan Bayan Lepas Utama, Bayan Lepas Industrial Park, 11900 Bayan Lepas, Pulau Pinang.
- "Services" means the consulting engagements offered by Anjung Konsult, including but not limited to Operations Diagnostic, Contract Manufacturing Strategy Review, and Industrial Operating Model Redesign.
- "Deliverables" means written documents, reports, frameworks or other outputs produced in the course of a consulting engagement.
- "Scope Document" means the written document agreed between Anjung Konsult and the Client setting out the terms of a specific consulting engagement.
2. Acceptance of Terms
By accessing this website or submitting an enquiry through our contact form, you confirm that you are at least 18 years of age and have the legal capacity to enter into a binding agreement. Use of this website constitutes acceptance of these Terms and Conditions.
For consulting engagements, a binding agreement is formed when both parties have signed the Scope Document for that engagement. These Terms and Conditions are incorporated into and form part of that agreement.
3. Service Description
Anjung Konsult provides business consulting services to manufacturing and industrial firms, primarily in Malaysia. Our services include structured consulting engagements delivered in written form, as described on our website and in individual Scope Documents.
Services are available to businesses operating in Malaysia. Engagements outside Malaysia may be considered on a case-by-case basis and will be subject to separate commercial terms.
We reserve the right to decline any engagement request at our discretion, including where we assess that our services are unlikely to be of material value to the prospective client.
4. User Responsibilities
When using our website or engaging our services, you agree to:
- Provide accurate and complete information when completing our contact form or communicating with us
- Not use the website for any unlawful purpose or in any way that could damage, disable or impair the website
- Not attempt to gain unauthorised access to any part of the website or its underlying systems
- Not transmit any material that is harmful, defamatory, fraudulent or otherwise objectionable
In the course of a consulting engagement, you agree to provide reasonable access to personnel, facilities and documentation as agreed in the Scope Document, and to deal with us honestly and in good faith throughout.
5. Intellectual Property
All content on this website — including text, layout, design and visual elements — is the intellectual property of Anjung Konsult and is protected under Malaysian copyright law. You may not reproduce, distribute or republish any content from this website without our prior written consent.
Deliverables from consulting engagements
Unless otherwise agreed in a Scope Document, Deliverables produced in the course of a consulting engagement are owned by Anjung Konsult until the engagement fee has been paid in full, at which point ownership transfers to the Client. The Client may use Deliverables internally for their own business purposes. Deliverables may not be shared publicly or with third parties without our written consent.
Anjung Konsult retains the right to use methodologies, frameworks and general knowledge developed in the course of engagements for future work, provided that no confidential client-specific information is disclosed.
6. Payment Terms
All fees are stated in Malaysian Ringgit (RM) and are set out in the Scope Document for each engagement. Fees are fixed and do not increase if an engagement takes longer than expected, unless the scope is formally amended with the Client's agreement.
Payment terms will be agreed in the Scope Document. We accept payment by bank transfer. We do not accept payment by cash. A deposit may be required before work commences, as specified in the Scope Document.
Where an engagement is terminated before completion, fees will be payable for work completed to date on a pro-rata basis calculated against the fixed engagement fee, unless otherwise agreed in writing.
7. Consulting Engagement Terms
Each consulting engagement is governed by these Terms and Conditions and by the specific Scope Document agreed for that engagement. In the event of conflict between these Terms and a Scope Document, the Scope Document prevails.
- Scope: The scope of each engagement is defined in writing and agreed before work begins. Changes to scope require written agreement from both parties.
- Timeline: Engagement timelines are estimates. We will make reasonable efforts to deliver within the timeframes set out in the Scope Document.
- Confidentiality: Each Scope Document includes a confidentiality provision. We treat all client information shared during an engagement as confidential.
- Access: The Client is responsible for providing access to personnel, data and facilities as agreed. Delays caused by the Client's failure to provide agreed access may affect delivery timelines.
8. Disclaimers
Our consulting services are advisory in nature. We provide analysis and options based on information available during the engagement. We do not make decisions on behalf of clients, and outcomes following an engagement are the responsibility of the client's own management.
This website and its content are provided on an "as is" basis. We make no representations as to the accuracy or completeness of website content. We are not responsible for any loss arising from reliance on website content without engaging our consulting services.
Nothing in our Deliverables constitutes legal, financial, accounting or regulatory advice. Clients should seek appropriate professional advice before acting on the contents of any Deliverable.
9. Limitation of Liability
To the fullest extent permitted by Malaysian law, Anjung Konsult's total liability to a Client for any claims arising out of or in connection with a consulting engagement shall not exceed the total fees paid by the Client for that engagement.
We are not liable for any indirect, consequential, special or incidental losses, including loss of profit, loss of business or loss of data, whether or not we were aware of the possibility of such loss.
Nothing in these Terms limits liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any other liability that cannot be excluded by law.
Force majeure
We are not liable for any delay or failure to perform our obligations where such delay or failure results from circumstances beyond our reasonable control, including natural disasters, government actions, pandemic or epidemic, or failure of third-party infrastructure.
10. Indemnification
You agree to indemnify and hold Anjung Konsult harmless from any claims, losses, liabilities, damages or expenses (including reasonable legal fees) arising out of your misuse of this website, your breach of these Terms, or any inaccurate or misleading information you provide to us in the course of an engagement.
11. Termination
Either party may terminate a consulting engagement by giving written notice to the other party. Notice periods and the treatment of fees on termination will be as specified in the Scope Document.
We reserve the right to terminate an engagement with immediate effect if the Client acts in breach of these Terms or the Scope Document, or if the Client's conduct makes continued engagement unreasonable.
On termination, each party will return or securely destroy the other party's confidential information, and the Client will pay fees for work completed to the date of termination. Sections relating to intellectual property, confidentiality, disclaimers, limitation of liability and dispute resolution survive termination.
12. Dispute Resolution
These Terms and any consulting engagement governed by them are subject to the laws of Malaysia. Any dispute shall be subject to the exclusive jurisdiction of the courts of Malaysia.
Before initiating formal legal proceedings, both parties agree to attempt to resolve any dispute informally by notifying the other party in writing of the nature of the dispute and engaging in good-faith discussions for a period of at least 30 days. This does not prevent either party from seeking urgent injunctive relief where appropriate.
13. General Provisions
- Entire agreement: These Terms, together with any Scope Document, constitute the entire agreement between the parties and supersede all prior communications or representations.
- Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions continue in full force.
- Waiver: Failure by either party to enforce any provision of these Terms does not constitute a waiver of the right to enforce that provision in the future.
- Assignment: You may not assign your rights or obligations under these Terms without our prior written consent.
- Notices: Formal notices under these Terms should be sent in writing to the addresses set out in the relevant Scope Document.
14. Changes to These Terms
We may update these Terms from time to time. The current version will always be available on this page, with the "Last updated" date shown at the top. Continued use of our website after changes are posted constitutes acceptance of the updated Terms. Changes do not affect engagements already in progress under a signed Scope Document.
15. Contact
For questions relating to these Terms and Conditions, please contact us:
Anjung Konsult Sdn Bhd
7 Jalan Bayan Lepas Utama, Bayan Lepas Industrial Park, 11900 Bayan Lepas, Pulau Pinang, Malaysia
Email: [email protected]
Phone: +60 4-9163 7428