Terms & Conditions

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 proposal accepted by the Client.
• "Service" — the advisory services provided by Harapan Consult as described in an engagement letter or proposal.
• "Client" or "User" — the person or entity who engages Harapan Consult for Services, or who accesses this website.
• "We" / "Us" / "Our" — Harapan Consult, with registered address at 12-A, Jalan Dato Abdullah Tahir, 80300 Johor Bahru, Johor, Malaysia.
• "Website" — the website at the domain associated with Harapan Consult.

2. Acceptance of Terms

By accessing our website or engaging our Services, you agree to be bound by these Terms and Conditions. If you do not agree, please do not use our website or engage our Services. You confirm that you are at least 18 years of age and have the legal capacity to enter into this Agreement.

3. Service Description

Harapan Consult provides professional advisory services to family-owned businesses in Malaysia, including:

• Family Business Governance Structure advisory
• Succession Planning Advisory
• Family Business Strategic Advisory (ongoing retainer)

The specific scope, deliverables, timeline, and fees for any engagement are set out in a written engagement letter or proposal, which forms part of this Agreement when accepted by the Client.

4. Engagement and Commencement

An advisory engagement commences upon the Client's written acceptance of our engagement letter or proposal and payment of any required deposit. We reserve the right to decline any engagement at our discretion.

5. Client Responsibilities

To enable us to deliver our Services effectively, the Client agrees to:

• Provide accurate and complete information and documentation as reasonably requested
• Make relevant family members and stakeholders available for consultations as agreed
• Respond to communications and review drafts within agreed timeframes
• Notify us promptly of any material changes in circumstances that may affect the engagement

6. Fees and Payment

Fees are as set out in the engagement letter or proposal and are payable in Malaysian Ringgit (RM). Payment terms are as specified in the engagement letter. We reserve the right to suspend Services if invoices remain unpaid beyond agreed payment terms.

For ongoing retainer arrangements, fees are payable monthly in advance unless otherwise agreed. Either party may terminate an ongoing arrangement with 30 days' written notice.

7. Intellectual Property

All methodologies, frameworks, templates, and background materials used or developed by Harapan Consult remain our intellectual property. Upon full payment of fees, the Client is granted a non-exclusive, non-transferable licence to use the specific deliverables produced for their engagement for the purposes of their own family business. The Client may not reproduce, distribute, or commercialise these deliverables without our prior written consent.

8. Confidentiality

We maintain strict confidentiality in relation to all information disclosed to us by Clients. We will not disclose Client information to third parties except where required by law or with the Client's explicit consent. This obligation of confidentiality continues after the conclusion of any engagement.

Clients agree to maintain confidentiality in relation to our proprietary methods and any non-public information provided to them in the course of an engagement.

9. Professional Advisory Nature of Services

Our Services constitute professional advisory support. We do not provide legal, tax, accounting, or financial planning services, and nothing we provide should be construed as such. Clients should seek appropriate professional advice in those areas when required.

Advisory outputs are based on information provided by the Client and represent our professional judgement at the time of delivery. We do not make representations about specific business outcomes resulting from implementation of our recommendations.

10. Limitation of Liability

To the fullest extent permitted by Malaysian law, our liability to any Client in connection with an engagement is limited to the fees paid for that engagement. We are not liable for indirect, consequential, or special damages of any kind.

Nothing in these Terms limits our liability for fraud, wilful misconduct, or gross negligence.

11. Indemnification

The Client agrees to indemnify Harapan Consult against any claims, losses, or damages arising from inaccurate or incomplete information provided by the Client, or from the Client's misuse of advisory deliverables.

12. Termination

Either party may terminate a fixed-scope engagement by written notice if the other party commits a material breach and fails to remedy it within 14 days of written notice. Ongoing retainer arrangements may be terminated by either party with 30 days' written notice. Upon termination, fees for work completed to the date of termination are payable.

13. Dispute Resolution

In the event of any dispute arising from these Terms or an engagement, the parties agree to first attempt to resolve the matter through good-faith discussion. If not resolved within 30 days, the matter shall be referred to mediation before any legal proceedings are commenced.

These Terms are governed by the laws of Malaysia. The courts of Johor Bahru, Malaysia shall have exclusive jurisdiction over any legal proceedings.

14. General Provisions

• Entire Agreement: These Terms, together with the applicable engagement letter, constitute the entire agreement between the parties.
• Severability: If any provision is found unenforceable, the remaining provisions continue in full force.
• Waiver: Failure to enforce any right does not constitute a waiver of that right.
• Notices: Formal notices shall be in writing and delivered by email to the addresses specified in the engagement letter.

15. Changes to These Terms

We may update these Terms from time to time. The updated date at the top of this page reflects the most recent revision. Continued use of our website or Services following any update constitutes acceptance of the revised Terms.

16. Contact

For questions regarding these Terms:

• Email: [email protected]
• Address: 12-A, Jalan Dato Abdullah Tahir, 80300 Johor Bahru, Johor, Malaysia
• Phone: +60 7 3829 5164