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Legal Document

Terms & Conditions

These terms govern the relationship between Gemilang and clients who engage our business consulting services. Please read them carefully before proceeding with any engagement.

Effective Date: 5 May 2026 Last Updated: 1 June 2026

Section 1

Definitions

In these Terms and Conditions, the following words carry the meanings set out below unless the context requires otherwise.

"Agreement"
The engagement letter, proposal, or written confirmation between Gemilang and a Client, read together with these Terms and Conditions.
"We / Us / Our / Gemilang"
Gemilang, a business consulting practice operating from No. 18, Jalan Wong Ah Fook, 80000 Johor Bahru, Johor, Malaysia.
"Client / You / Your"
Any individual or business entity that engages Gemilang for consulting services, whether through the website, email, telephone, or in person.
"Services"
The business consulting engagements offered by Gemilang, including Numbers in Plain View, Margin & Method Review, and Quarterly Stewardship, as described in our service proposals.
"Content"
Reports, written summaries, recommendations, analysis documents, and any other materials produced by Gemilang as part of the Services.
"Engagement Period"
The duration of a consulting arrangement as specified in the relevant service proposal or agreement.

Section 2

Acceptance of Terms

By engaging Gemilang's services — whether through submitting an enquiry form, signing an engagement letter, making a payment, or commencing work — you confirm that you have read, understood, and agreed to these Terms and Conditions.

  • You must be at least 18 years of age and have the legal capacity to enter a binding agreement.
  • If you are entering this agreement on behalf of a business, you represent 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.

Section 3

Service Description

Gemilang provides business consulting services focused on financial clarity, operational review, and ongoing advisory support for small businesses operating primarily in Malaysia.

Our current service offerings include:

Numbers in Plain View

A single-engagement financial records review delivered in plain language, including one working session and a written summary of two to three recommended steps.

Margin & Method Review

A five-week engagement covering margin and cost structure analysis, two working sessions, written recommendations, and a follow-up discussion.

Quarterly Stewardship

A six-month advisory arrangement including quarterly deep reviews, monthly catch-up conversations, and responsive support between scheduled sessions.

Services are delivered primarily in Johor Bahru and surrounding areas, with remote engagements available by arrangement. Gemilang reserves the right to modify service offerings with reasonable notice to affected clients.

Section 4

Your Responsibilities

The quality and usefulness of our work depends significantly on the information and cooperation you provide. As a client, you agree to:

  • Provide accurate, complete, and timely information relevant to the engagement.
  • Make yourself or designated representatives available for scheduled sessions.
  • Notify Gemilang promptly of any material changes to your business circumstances during the engagement period.
  • Use content and recommendations provided by Gemilang only for the purposes intended in the engagement.
  • Refrain from using our materials to misrepresent your business to third parties.

Gemilang shall not be held responsible for outcomes arising from inaccurate or incomplete information provided by the Client.

Section 5

Intellectual Property

All methodologies, frameworks, templates, and working processes used by Gemilang remain the intellectual property of Gemilang, regardless of whether they were developed before or during a client engagement.

Reports and written deliverables produced specifically for a client engagement are provided under a limited, non-exclusive licence for that client's internal business use only. You may not:

  • Reproduce, distribute, or publish Gemilang's work product for commercial purposes without written permission.
  • Remove or alter any attribution, authorship, or proprietary notices from documents we provide.
  • Share or sub-licence our work product to competitors or third parties without prior agreement.

Data and records you share with Gemilang remain your property at all times. We will not use your business data for any purpose beyond the agreed engagement.

Section 6

Payment Terms

All fees are stated in Malaysian Ringgit (RM) and are inclusive of applicable taxes unless otherwise specified in your engagement proposal.

Numbers in Plain View — RM 710

Full payment is due prior to commencement of the engagement. Work will not begin until payment is received.

Margin & Method Review — RM 2,050

A deposit of 50% is due upon agreement; the balance is due upon delivery of the written recommendations.

Quarterly Stewardship — RM 3,300

Billed in two equal instalments: 50% at commencement and 50% at the start of the fourth month of the arrangement.

  • Payment is accepted by bank transfer. Details will be provided in your invoice.
  • Invoices are due within 7 working days of issue unless otherwise stated.
  • Late payments may result in suspension of ongoing services until the outstanding amount is settled.

Cancellation and Refunds

For single-session engagements cancelled more than 48 hours before the scheduled session, a full refund applies. Cancellations within 48 hours will incur a 50% cancellation fee. For multi-session or ongoing arrangements, fees for sessions already completed are non-refundable. Gemilang will consider exceptional circumstances on a case-by-case basis.

Section 7

Engagement Terms

Each consulting engagement is governed by the scope described in the relevant service proposal. The following conditions apply to all engagements:

  • Sessions will be held at a mutually agreed time and location, or by video call where appropriate.
  • Changes to the agreed scope require written approval from both parties and may affect fees and timelines.
  • Deliverables will be issued within the timeframes stated in the engagement proposal.
  • Gemilang may reschedule a session with at least 24 hours' notice; we will work with you to find a suitable alternative time.

Section 8

Confidentiality

Gemilang treats all client information with professional discretion. We will not disclose details of your business affairs, financial position, or engagement to third parties, except:

  • Where required by applicable Malaysian law, regulation, or lawful order of a court or authority.
  • With your prior written consent.
  • To professional advisers of Gemilang who are themselves bound by confidentiality obligations.

This confidentiality obligation survives the conclusion of the engagement for a period of three years.

Section 9

Disclaimers

Gemilang provides business consulting and advisory services. Our work is based on information available at the time of the engagement and is designed to support your decision-making, not to replace it.

No Accounting or Legal Advice: Our services do not constitute formal accounting, legal, tax, or financial advice under Malaysian professional standards. Clients are encouraged to consult registered professionals for matters that require such expertise.

No Assurance of Specific Outcomes: Business results depend on many factors outside Gemilang's control. We do not make representations about specific financial outcomes, growth figures, or business performance that may or may not result from following our recommendations.

As-Is Basis: Our services are provided on the basis of information you supply. We accept no liability for outcomes arising from information that was inaccurate, incomplete, or withheld.

Section 10

Limitation of Liability

To the fullest extent permitted under Malaysian law, Gemilang's total liability arising from or in connection with any engagement shall not exceed the total fees paid by the Client for that specific engagement.

Gemilang shall not be liable for:

  • Indirect, consequential, or incidental losses arising from the use of our services.
  • Loss of revenue, profit, or business opportunity not directly attributable to a breach of this agreement.
  • Delays or failures resulting from circumstances beyond our reasonable control, including natural events, utility failures, or government actions.

Nothing in these terms limits liability for death or personal injury caused by negligence, or for fraud or fraudulent misrepresentation.

Section 11

Indemnification

You agree to indemnify and hold Gemilang, its principals, and associates harmless from any claims, losses, damages, or costs (including reasonable legal fees) arising from:

  • Your breach of these Terms and Conditions.
  • Inaccurate or misleading information you provided during the engagement.
  • Your misuse of reports, recommendations, or materials produced by Gemilang.

Section 12

Termination

Either party may terminate an ongoing engagement by providing 14 days' written notice. For single-session engagements, the cancellation terms in Section 6 apply.

Gemilang may terminate an engagement immediately and without refund in the event of:

  • Persistent non-payment of fees beyond agreed terms.
  • Discovery that materially false information was provided to Gemilang.
  • Conduct by the Client that is abusive, threatening, or contrary to professional norms.

Upon termination, each party's obligations regarding confidentiality and intellectual property shall survive.

Section 13

Dispute Resolution

These Terms and Conditions are governed by the laws of Malaysia. Any dispute arising out of or in connection with an engagement shall be subject to the exclusive jurisdiction of the courts of Johor Bahru, Malaysia.

Before commencing formal proceedings, both parties agree to attempt to resolve any dispute informally:

  1. 01 The aggrieved party notifies the other in writing, clearly describing the dispute and the outcome sought.
  2. 02 Both parties will meet or speak (in person or by video call) within 14 days to discuss a resolution in good faith.
  3. 03 If no resolution is reached within 30 days of the initial notice, either party may pursue formal legal remedies or refer the matter to mediation under the Malaysian Mediation Act 2012.

Consumer rights under the Malaysian Consumer Protection Act 1999 are unaffected by these terms.

Section 14

General Provisions

Entire Agreement

These Terms and Conditions, together with the relevant engagement proposal or letter, constitute the entire agreement between Gemilang and the Client and supersede any prior discussions or representations.

Severability

If any provision of these terms is found to be unenforceable by a court, the remaining provisions shall continue in full force and effect.

Waiver

A failure by Gemilang to enforce any right under these terms shall not constitute a waiver of that right for future occasions.

Assignment

You may not assign or transfer your rights or obligations under this agreement without Gemilang's prior written consent. Gemilang may assign its rights in the event of a business restructure or succession.

Notices

Notices under this agreement may be sent by email to the addresses provided during the engagement. Email notices are deemed received on the next working day after sending.

Section 15

Changes to These Terms

Gemilang may update these Terms and Conditions from time to time. When we do, the revised version will be published on our website with an updated "Last Updated" date.

For existing clients engaged under an active agreement, material changes will be communicated by email at least 14 days before they take effect. Continued engagement with Gemilang after changes become effective constitutes acceptance of the updated terms.

We encourage you to review these terms periodically. If you have questions about any change, please contact us before the effective date.