Terms & Conditions

1.Definitions

For the purposes of this Agreement, the following terms carry the meanings assigned to them below:

"We," "Us," "Our," or "Setia Advisory"

Refers to Setia Advisory, operating from 23, Jalan Bukit Bintang, 55100 Kuala Lumpur, Wilayah Persekutuan, Malaysia.

"You," "Client," or "User"

Refers to any individual, company, or organisation that accesses our website or enters into a service arrangement with Setia Advisory.

"Services"

Refers to the consulting and advisory engagements offered by Setia Advisory, including but not limited to the Strategic Direction Review, Quarterly Advisory Companion, and Operational Diagnostic Brief.

"Agreement"

Refers to these Terms & Conditions together with any engagement letter or service proposal signed by both parties.

"Deliverable"

Refers to any written report, brief, summary, or other document produced by Setia Advisory in the course of a service engagement.

"Website"

Refers to the website operated by Setia Advisory at setiaadvnk.site and its associated pages.

2.Acceptance of Terms

By accessing this website, submitting an enquiry, or entering into a service engagement with Setia Advisory, you confirm that:

• You are at least 18 years of age or the minimum legal age in your jurisdiction, whichever is greater;
• You have the legal capacity and authority to enter into binding agreements;
• You have read and understood these terms in their entirety; and
• Where you act on behalf of a company or organisation, you represent that you are duly authorised to bind that entity.

If you do not agree to these terms, please do not use our website or engage our services.

3.Service Description

Setia Advisory provides independent business consulting services to Malaysian small and mid-sized enterprises. Our current service offerings are as follows:

Service availability is subject to our current capacity. We principally serve clients operating within Malaysia; engagements with clients located outside Malaysia may be accommodated at our discretion.

4.Client Responsibilities

For any engagement to proceed effectively, clients are expected to:

• Provide accurate, complete, and current information about their business, operations, and circumstances;
• Respond to information requests from Setia Advisory within reasonable timeframes agreed at the outset;
• Ensure that the individuals participating in sessions have the authority to discuss matters openly;
• Notify us promptly if circumstances material to the engagement change; and
• Use deliverables only for the purposes agreed and not for any unlawful purpose.

The following activities are not permitted in connection with our website or services:

• Misrepresenting your identity, authority, or organisational affiliation;
• Reproducing or distributing our deliverables to third parties without prior written consent;
• Using our website in a manner that interferes with its normal operation; or
• Attempting to obtain advice for purposes that circumvent legal obligations or harm third parties.

5.Intellectual Property

All website content — including text, layout, graphics, and the methodology underlying our service frameworks — remains the intellectual property of Setia Advisory unless expressly agreed otherwise in writing.

Deliverables produced during a service engagement are provided to the client under a limited, non-transferable licence for internal use within the client's organisation. This licence does not extend to:

• Reproduction for commercial distribution;
• Publication in whole or in substantial part without attribution; or
• Transfer or sub-licensing to any third party.

Clients retain ownership of all information and data they provide to us in the course of an engagement. Setia Advisory does not claim any proprietary interest in client-provided materials.

6.Payment Terms

All fees are quoted and invoiced in Malaysian Ringgit (MYR). Payment terms are as follows:

• A deposit of fifty percent (50%) of the agreed fee is due upon confirmation of an engagement;
• The remaining balance is due upon completion of the final deliverable or at the close of the engagement period;
• Quarterly Advisory Companion fees are due at the commencement of each quarter;
• Payment may be made by bank transfer or such other methods as agreed in writing.

Should a client withdraw from an engagement after work has commenced, the deposit is non-refundable. Where Setia Advisory is unable to complete an engagement due to circumstances within our control, a pro-rated refund will be considered at our discretion.

All fees are subject to applicable Malaysian taxes where required by law.

7.Service-Specific Terms

Each engagement is governed by a written proposal or engagement letter that specifies its scope, timeline, deliverables, and fee. In the event of any inconsistency between that document and these Terms & Conditions, the engagement letter shall take precedence.

Scope changes requested after an engagement has commenced will be assessed and, if agreed, documented by way of a written addendum before additional work proceeds.

Setia Advisory reserves the right to decline or discontinue an engagement if the information provided by the client is found to be materially incomplete or inaccurate, without prejudice to fees already earned.

8.Confidentiality

Setia Advisory treats all information shared by clients in the course of an engagement as confidential. We will not disclose client information to third parties except:

• Where the client has provided explicit written consent;
• Where disclosure is required by Malaysian law, regulation, or court order; or
• Where the information is already in the public domain through no act of Setia Advisory.

Clients are similarly expected to treat information regarding Setia Advisory's methods, pricing, and internal practices as confidential. This obligation survives the conclusion of any engagement.

9.Disclaimers

Setia Advisory's advice is offered in good faith on the basis of the information available to us at the time of engagement. We do not warrant that our advice will produce any particular commercial outcome, and we make no representation that findings from one engagement are applicable to circumstances beyond the scope agreed.

Our services do not constitute legal, financial, tax, or regulatory advice. Where matters require specialist professional guidance, we will say so plainly and recommend that clients engage appropriately qualified advisers.

This website is provided on an "as is" basis. Whilst we endeavour to keep its content accurate and current, we make no warranty as to its completeness at any given time.

10.Limitation of Liability

To the extent permitted by Malaysian law, Setia Advisory's aggregate liability to a client in connection with any engagement shall not exceed the total fees paid by that client in the six months preceding the event giving rise to the claim.

We are not liable for any indirect, consequential, or special loss, including but not limited to loss of revenue, loss of profit, loss of anticipated savings, or loss of business opportunity, whether or not such losses were foreseeable or we had been advised of their possibility.

Neither party shall be held responsible for failure to perform obligations resulting from causes beyond their reasonable control, including acts of God, governmental action, industrial disputes, or disruption to communication infrastructure.

11.Indemnification

You agree to indemnify and hold Setia Advisory, its principals, and associates harmless from and against any claims, liabilities, costs, and expenses (including reasonable legal fees) arising from your breach of this Agreement, your misuse of our deliverables, or any misrepresentation made by you in the course of an engagement.

12.Termination

Either party may terminate an engagement with fourteen (14) days' written notice. In such circumstances:

• Fees for work completed to the date of termination remain payable;
• Deliverables prepared in full will be provided to the client upon receipt of payment; and
• Partially completed deliverables may be provided at our discretion.

Setia Advisory may terminate an engagement immediately and without notice if a client has provided materially false information, has acted in bad faith, or has requested that we conduct work inconsistent with our professional standards. Sections 5, 8, 9, 10, and 11 survive termination.

13.Dispute Resolution

This Agreement is governed by the laws of Malaysia. Any dispute arising under it shall first be referred to direct negotiation between the parties. Should negotiation fail to produce a resolution within thirty (30) days, the parties agree to attempt mediation through the Malaysian Mediation Centre before pursuing any other remedy.

The courts of Malaysia shall have exclusive jurisdiction over any matter that cannot be resolved through mediation. Nothing in this clause restricts either party from seeking urgent injunctive relief from a court of competent jurisdiction.

14.General Provisions

These Terms & Conditions, together with any applicable engagement letter, constitute the entire agreement between the parties in respect of the matters covered herein and supersede any prior understanding.

If any provision of this Agreement is found to be unenforceable, that provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall continue in full force.

No waiver of any right or obligation under this Agreement shall be effective unless made in writing. A single or partial exercise of any right does not preclude further exercise of that right.

Setia Advisory may not assign its obligations under this Agreement without the client's written consent. Clients may not assign their rights under this Agreement to any third party.

15.Changes to Terms

Setia Advisory reserves the right to revise these Terms & Conditions from time to time. When we do so, we will update the "Last Updated" date at the top of this page. We will also, where practical, inform clients with whom we have active engagements of any material changes.

Your continued use of our website or services following any revision constitutes acceptance of the updated terms. If you do not accept a revision, you should discontinue use of our services and notify us in writing.

16.Contact Information

For questions or concerns regarding these terms, please contact us by any of the following means: