Terms & Conditions

1. Definitions

In these Terms and Conditions, the following terms have the meanings set out below:

2. Acceptance of Terms

By accessing or using our website, submitting an enquiry, or entering into any service agreement with us, you confirm that you have read, understood, and agree to be bound by these Terms and Conditions.

If you are acting on behalf of an organisation, you represent and warrant that you have the authority to bind that organisation to these terms. If you do not agree to these terms, please refrain from using our website or engaging our services.

3. Use of Website

The content on this website is provided for general informational purposes only. Nothing on this website constitutes professional, financial, legal, or advisory advice. You should seek appropriate professional counsel before making decisions based on anything presented here.

You agree to use the website lawfully and only for its intended purpose. You must not:

• Attempt to gain unauthorised access to any system or network associated with the website
• Introduce malware, viruses, or other harmful code
• Copy, reproduce, or redistribute the website's content without our prior written consent
• Use the website in any manner that could damage our reputation or interfere with other users' enjoyment of the site

We reserve the right to restrict access to the website at any time, without notice, at our sole discretion.

4. Advisory Services

The specific scope, deliverables, timeline, and terms of each advisory engagement are set out in the relevant Engagement Letter. These Terms and Conditions apply alongside — and are incorporated into — any such Engagement Letter. In the event of a conflict, the Engagement Letter shall take precedence for the subject matter of that specific engagement.

Our advisory services are professional services and not a guarantee of any particular business outcome. We apply our knowledge, experience, and care to each engagement, but the application of any recommendations and the outcomes resulting therefrom remain the responsibility of the Client.

We reserve the right to decline any engagement at our discretion, including where a conflict of interest is identified or where the scope falls outside our areas of competence.

5. Fees & Payment

Fees for our services are stated in Malaysian Ringgit (RM) and are set out in each Engagement Letter. Prices displayed on the website are indicative and subject to confirmation at the time of engagement.

Unless otherwise agreed in writing, the following payment terms apply:

All fees are subject to applicable Malaysian taxes, including Service Tax where applicable, unless otherwise stated.

6. Intellectual Property

All content on the Nilam Consult website — including text, graphics, layout, branding, and design — is owned by or licensed to Nilam Consult and is protected under Malaysian and international intellectual property law.

With respect to deliverables produced under a service engagement, ownership is determined as follows:

Client-specific materials: Reports, roadmaps, and documents prepared exclusively for the Client and incorporating the Client's proprietary data will be transferred to the Client upon receipt of full payment.

Methodologies and frameworks: Any proprietary methodologies, templates, frameworks, or processes developed or used by Nilam Consult in delivering services remain the intellectual property of Nilam Consult, unless otherwise agreed in writing.

The Client grants Nilam Consult a limited licence to use the Client's materials and data to the extent necessary to provide the agreed services.

7. Confidentiality

Both parties acknowledge that in the course of an engagement, confidential information belonging to the other may be disclosed. Each party agrees to:

• Keep such information strictly confidential and not disclose it to any third party without prior written consent
• Use confidential information only for the purposes of the engagement
• Limit access to confidential information to those who have a legitimate need to know

Confidentiality obligations do not apply to information that is publicly available, independently developed, or required to be disclosed by law or court order. These obligations survive the termination of any engagement.

8. Limitation of Liability

To the fullest extent permitted under Malaysian law, Nilam Consult's total liability to any Client or third party in connection with any engagement or use of this website shall not exceed the total fees paid by the Client under the relevant Engagement Letter during the 12 months preceding the event giving rise to the claim.

We shall not be liable for any indirect, consequential, incidental, or special loss or damage, including loss of profits, revenue, anticipated savings, business opportunity, or goodwill, even where we have been advised of the possibility of such loss.

Nothing in these Terms and Conditions shall limit liability for fraud, gross negligence, or any liability that cannot lawfully be excluded under Malaysian law.

9. Termination

Either party may terminate a service engagement by providing 14 days' written notice to the other party, unless the Engagement Letter specifies a different notice period.

Upon early termination by the Client, fees shall be payable for all work completed up to the date of termination, calculated on a pro-rata basis against the total engagement fee. The deposit is non-refundable except where termination arises from our material breach of the Engagement Letter.

We reserve the right to terminate an engagement immediately without notice in the event of non-payment, material breach of these terms, or conduct that creates an untenable working relationship.

10. Disputes

We hope that any disagreement can be resolved through direct conversation. If you have a concern, please contact us at [email protected] and we will make a genuine effort to address it promptly and fairly.

Where a dispute cannot be resolved informally, the parties agree to refer the matter first to mediation under the rules of the Malaysian Mediation Centre before commencing any legal proceedings.

11. Governing Law

These Terms and Conditions are governed by and construed in accordance with the laws of Malaysia. Any disputes not resolved through mediation shall be subject to the exclusive jurisdiction of the courts of Penang, Malaysia.

12. Amendments

We may update these Terms and Conditions at any time. The current version will always be published on this page with an updated "Last updated" date. Changes take effect from the date of publication.

Your continued use of the website or services after changes are posted constitutes your acceptance of the revised terms. If you do not agree with any amendments, you are encouraged to contact us to discuss your concerns.

13. Contact

For any questions about these Terms and Conditions, please reach us at: