Legal Document
Terms & Conditions
These terms describe the agreement between you and Embun when you use our website or engage our consulting services. We have written them clearly so that both parties understand what is expected.
Definitions
The following terms have specific meanings throughout this agreement:
- "Agreement" means these Terms & Conditions, together with any engagement letter or service proposal accepted by you.
- "We", "Us", "Our", "Embun" refers to Embun Business Consulting, operating at Unit 12, Jalan SS2/24, 47300 Petaling Jaya, Selangor, Malaysia.
- "You", "Client", "User" refers to any individual or business entity that accesses our website or engages our services.
- "Services" refers to the consulting engagements offered by Embun, including Field Observation, Pattern Review, and Notebook Partnership.
- "Website" refers to the Embun website and all its pages and content.
- "Content" refers to all written materials, field notes, reports, summaries, and observations produced in the course of service delivery.
- "Session" refers to a scheduled meeting, visit, or consultation between Embun and the Client.
Acceptance of Terms
By using our website, submitting an enquiry, or engaging our services, you indicate that you have read and understood these terms and agree to be bound by them.
To engage our services, you must be at least 18 years of age and have the legal capacity to enter into a binding agreement under Malaysian law. If you are acting on behalf of a business entity, you confirm that you have the authority to bind that entity.
If you do not agree with any part of these terms, please do not proceed with an engagement or continue using our website.
Service Description
Embun provides business consulting services to small and medium businesses in Malaysia. Our work centres on careful observation, honest documentation, and considered suggestions. We do not offer financial advice, legal advice, or medical advice.
Our current service offerings are:
- Field Observation (RM 700) — A single engagement involving an observation session, written field notes, and a set of gentle suggestions.
- Pattern Review (RM 1,650) — A four-week engagement involving two sessions, ongoing notes, and a written summary of observed patterns.
- Notebook Partnership (RM 3,300) — A six-month advisory relationship involving monthly sessions, quarterly reviews, and ongoing support.
We reserve the right to adjust, discontinue, or modify services with reasonable notice. Availability is subject to our current capacity and scheduling.
Client Responsibilities
For our work to be of genuine value, we ask that you:
- Provide accurate and complete information about your business when requested.
- Make yourself or the relevant members of your team available for scheduled sessions at the agreed time.
- Inform us promptly if your circumstances change in a way that may affect the engagement.
- Use our advice and observations as one input among several, and apply your own judgment before making decisions.
- Treat our staff with courtesy and respect throughout the engagement.
You agree not to use our website or services for any unlawful purpose, and not to attempt to reverse-engineer, reproduce, or commercially distribute any content produced by Embun without prior written consent.
Intellectual Property
All website content — including text, design, methodology descriptions, and visual elements — remains the intellectual property of Embun and is protected under Malaysian copyright law.
Written deliverables produced for you during an engagement (such as field notes, pattern summaries, and observation reports) are licensed to you for your personal business use. You may not resell, republish, or distribute these materials commercially without our written consent.
You retain ownership of any business information, documents, or data you share with us. We will handle such information carefully and in accordance with our Privacy Policy.
Payment Terms
All fees are quoted in Malaysian Ringgit (RM) and are inclusive of applicable taxes unless stated otherwise.
- Field Observation: Full payment is due prior to the observation session.
- Pattern Review: A 50% deposit is due upon agreement. The remaining balance is due upon delivery of the written summary.
- Notebook Partnership: Payment arrangements are confirmed in the engagement letter. Typically, payment is made quarterly in advance.
Accepted payment methods will be confirmed at the time of engagement. If payment is not received by the agreed date, we reserve the right to pause or suspend the engagement until the balance is settled.
Cancellations and Refunds: If you need to cancel a scheduled session, please give us at least 48 hours' notice so we can reschedule without charge. Cancellations with less than 24 hours' notice may forfeit that session's fee. Refunds for multi-week or multi-month engagements will be considered on a case-by-case basis proportionate to work completed.
Service-Specific Terms
The scope of each engagement is defined in the service description and, for longer engagements, confirmed in writing before work begins. Any requests for work outside the agreed scope will be discussed openly and may be subject to a separate fee.
Session scheduling: Sessions are scheduled at mutually convenient times. We will make reasonable efforts to accommodate your availability. Missed sessions that are not rescheduled in advance may be forfeited depending on the terms of your engagement.
Deliverables: Written field notes, summaries, and reports will be delivered in digital format within a reasonable period following the relevant session or engagement milestone. We aim to deliver within 5 working days of each milestone unless otherwise agreed.
Confidentiality: We treat all information shared during engagements as confidential. We will not share your business details with third parties without your consent, except as required by law.
Disclaimers
Our services are provided in good faith based on careful observation and considered judgment. However, we cannot and do not warrant any specific business outcome as a result of our observations or suggestions.
Our advice is general in nature and is offered as one perspective to assist your thinking. It does not substitute for legal, financial, accounting, or tax advice from a licensed professional. We encourage you to seek appropriate professional counsel for decisions in those areas.
The information on our website is provided for general awareness and is subject to change without notice. We make reasonable efforts to keep content accurate, but we cannot warrant its completeness at any given time.
Limitation of Liability
To the extent permitted under Malaysian law, Embun's total liability for any claim arising from an engagement shall not exceed the total fees paid by you for that specific engagement.
We shall not be liable for indirect, consequential, or incidental losses — including loss of profit, business interruption, or loss of business opportunity — arising from reliance on our advice or observations.
Nothing in these terms limits our liability for death, personal injury, or fraud caused by negligence, nor any other liability that cannot be excluded under applicable Malaysian law.
Indemnification
You agree to indemnify and hold Embun, its staff, and associates harmless from any claims, losses, or expenses — including reasonable legal costs — arising from your breach of this Agreement or your misuse of information or advice provided during an engagement.
Termination
Either party may end an ongoing engagement by providing written notice. For monthly or longer engagements, 14 days' notice is generally expected, unless otherwise agreed.
We reserve the right to discontinue an engagement if a client's conduct is abusive, if payment obligations are not met, or if circumstances arise that make the engagement untenable.
Upon termination, any fees owed for work completed to that point remain due. Deliverables for completed work will be provided. Obligations of confidentiality, intellectual property, and liability limitation survive termination.
Dispute Resolution
These Terms are governed by the laws of Malaysia. Any dispute arising from this Agreement is subject to the jurisdiction of the courts of Malaysia.
We would prefer to resolve any concern informally first. If you have a complaint or dispute, please contact us at [email protected] so we can attempt to resolve it through discussion.
If informal resolution is not achievable, parties may refer the matter to mediation through an appropriate Malaysian body before pursuing formal legal proceedings. This is not a mandatory requirement but is encouraged in the spirit of practical resolution.
General Provisions
- Entire Agreement: This Agreement, together with any engagement letter, constitutes the complete agreement between the parties on its subject matter.
- Severability: If any provision is found unenforceable, the remaining provisions continue in full effect.
- Waiver: Failure to enforce any provision on one occasion does not waive the right to enforce it in future.
- Assignment: You may not assign your rights under this Agreement without our written consent. We may assign our obligations with reasonable notice.
- Notices: Communications regarding this Agreement should be sent to [email protected].
Changes to Terms
We may update these Terms from time to time. When we do, the revised version will be published on this page with an updated effective date. For clients in active multi-month engagements, we will notify you by email of any material changes.
Continued use of our website or services after a change has been posted constitutes acceptance of the revised terms.
Contact Information
For questions about these Terms & Conditions, please reach out to us:
Legal Enquiries
[email protected]Phone
+60 3-7726 4081Address
Unit 12, Jalan SS2/24, 47300 Petaling Jaya, Selangor, Malaysia