Legal
Terms & Conditions
Last Updated: 8 May 2025 ยท Effective Date: 8 May 2025
1. Definitions
- "Teratai", "we", "us", "our" โ Teratai, a consulting firm registered in Malaysia and operating from Unit 9, Jalan PJU 7/3, Mutiara Damansara, 47810 Petaling Jaya, Selangor.
- "Client", "you", "your" โ any individual or business entity that engages our services or uses our website.
- "Engagement" โ a consulting service purchased from us, including First Draft, Considered Revision, and Editor in Residence.
- "Deliverable" โ any written document, plan, review, or advisory output produced by us in the course of an engagement.
- "Agreement" โ these Terms & Conditions, together with any engagement letter or invoice accepted by you.
- "Website" โ our website accessible at terataimy.biz.
2. Acceptance of Terms
By using our website, submitting a contact form, or entering into an engagement with us, you confirm that you have read, understood, and agree to be bound by these Terms & Conditions. If you do not agree, you should not use our website or 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 represent that you are authorised to bind that entity to these terms.
3. Service Description
Teratai provides business consulting services for small business owners. Our current engagement types are:
- First Draft โ a single engagement producing a written draft business plan (RM 690)
- Considered Revision โ a five-week engagement reviewing and improving an existing plan (RM 2,100)
- Editor in Residence โ a six-month ongoing advisory relationship (RM 3,320)
Services are available to clients based in Malaysia. We may, at our discretion, accept clients based outside Malaysia on a case-by-case basis. Services are delivered in English.
4. User Responsibilities
As a client or website user, you agree to:
- Provide accurate and complete information when submitting enquiries or during engagements
- Engage in good faith and participate meaningfully in sessions scheduled as part of your engagement
- Not use our website or services for any unlawful purpose or in any manner that could damage, disable, or impair our operations
- Not attempt to copy, reproduce, or distribute deliverables produced for other clients
- Keep any confidential information shared by Teratai during an engagement private and not disclose it to third parties
5. Intellectual Property
All content on our website, including text, design, structure, and methodology, is the intellectual property of Teratai and is protected under applicable Malaysian law.
Written deliverables produced for you during an engagement are yours to use for the purposes for which they were created. You may not resell, distribute, or represent them as your own advisory output to third parties.
Our general consulting methodology, frameworks, and approaches remain the property of Teratai, regardless of what is produced in the course of an engagement.
6. Payment Terms
All fees are quoted and charged in Malaysian Ringgit (RM). Payment is required in full before an engagement commences, unless otherwise agreed in writing.
Accepted payment methods include bank transfer and other methods agreed at the time of engagement. An invoice will be issued upon confirmation of your engagement.
6.1 Refund Policy
If you cancel an engagement before it commences, a full refund will be issued. Once an engagement has commenced (i.e., the first session has taken place or a deliverable has been initiated), refunds are not available for the portion of work already completed. In exceptional circumstances, we will consider partial refunds at our discretion.
7. Engagement-Specific Terms
7.1 Scheduling
Session scheduling is agreed mutually. If you need to reschedule a session, please provide at least 48 hours' notice. Sessions missed without notice may be forfeited at our discretion.
7.2 Confidentiality
We treat all client information as confidential and do not disclose it to third parties without your consent. For Editor in Residence engagements, a mutual confidentiality agreement is available on request.
7.3 Scope changes
The scope of each engagement is defined at the outset. Requests to materially expand the scope during an engagement will be discussed and, if agreed, may be subject to additional fees.
7.4 Correspondence (Editor in Residence)
Written correspondence access provided under Editor in Residence engagements is intended for business advisory matters related to the engagement. Response times are within two business days during standard office hours.
8. Disclaimers
Our services consist of advisory and consulting support. We do not provide legal, financial, accounting, or tax advice. You should consult appropriate licensed professionals for advice in those areas.
We do not warrant that any particular business outcome will result from our engagements. Our role is to help you think clearly and plan carefully โ the results of your business depend on your own decisions and actions.
Our website and services are provided "as is". We make no representations about the completeness or accuracy of information on our website.
9. Limitation of Liability
To the fullest extent permitted by Malaysian law, Teratai's total liability to you for any claim arising from our services shall not exceed the amount paid by you for the specific engagement giving rise to the claim.
We are not liable for any indirect, incidental, special, or consequential losses, including loss of profit, revenue, or business opportunity, even if we have been advised of the possibility of such losses.
We are not liable for events outside our reasonable control, including natural disasters, power failures, telecommunications outages, or other force majeure events.
10. Indemnification
You agree to indemnify and hold harmless Teratai, its advisors, and staff from any claims, losses, damages, or expenses (including reasonable legal fees) arising from your use of our services, your breach of these Terms, or your violation of any applicable law or third-party right.
11. Termination
Either party may terminate an engagement by providing written notice. If termination is initiated by us without cause, a pro-rata refund for uncompleted work will be issued. If termination is initiated by you, the refund policy in Section 6.1 applies.
We may terminate or suspend access to our website immediately if we believe you are in breach of these Terms. Sections 5, 8, 9, 10, and 12 survive termination.
12. Dispute Resolution
These Terms are governed by the laws of Malaysia. In the event of a dispute, the parties agree to first attempt to resolve the matter informally by written communication. If unresolved within 30 days, the dispute shall be referred to mediation under the rules of the Asian International Arbitration Centre (AIAC) before any court proceedings are commenced.
The courts of Malaysia shall have exclusive jurisdiction over any dispute that cannot be resolved through mediation.
13. General Provisions
- Entire agreement: These Terms, together with any engagement letter, constitute the entire agreement between you and Teratai regarding our services.
- Severability: If any provision is found to be unenforceable, the remaining provisions continue in full force.
- Waiver: Our failure to enforce any provision does not constitute a waiver of that right.
- Assignment: You may not assign your rights or obligations under these Terms without our prior written consent.
- Notices: Formal notices should be sent by email to [email protected].
14. Changes to These Terms
We may update these Terms from time to time. Changes will be posted on this page with an updated "Last Updated" date. For active clients, we will notify you of material changes by email. Continued use of our services after any changes constitutes acceptance.
15. Contact
For legal enquiries or questions about these Terms, please contact:
Teratai
Unit 9, Jalan PJU 7/3, Mutiara Damansara, 47810 Petaling Jaya, Selangor, Malaysia
Email: [email protected]
Phone: +60 3-7984 5120