Terms & Conditions

1. Definitions

• "We / Us / Our / Cempaka" — Cempaka, a business consulting practice based at Lebuh Pantai 27, 10300 George Town, Penang, Malaysia.
• "You / Client" — the individual or organisation accessing this website or engaging our services.
• "Service" — any consulting engagement we provide, including the Small Business Health Check, Steady Expansion Advisory, and Enterprise Structure Consulting.
• "Agreement" — the service agreement formed when both parties confirm the scope, fee, and commencement of an engagement.
• "Deliverables" — written outputs produced during an engagement, such as overviews, direction papers, and process maps.
• "Confidential Information" — all business, financial, and operational information shared by either party during an engagement.

2. Acceptance of Terms

By using this website or engaging our services, you confirm that:

• You are at least 18 years of age.
• You have the legal capacity to enter into a binding agreement.
• If acting on behalf of a company or organisation, you have authority to bind that entity.
• You have read and understood these terms.

3. Service Description

Cempaka provides structured business advisory services to small and advancing enterprises. Our three services — the Small Business Health Check, Steady Expansion Advisory, and Enterprise Structure Consulting — are described in detail on our Solutions page. Services are available to clients in Malaysia. Remote engagements may be available to clients outside Malaysia on a case-by-case basis.

The scope, deliverables, timeline, and fee for each engagement are confirmed in writing before work commences. Work does not begin until both parties have confirmed scope and payment arrangements.

4. Client Responsibilities

• Provide accurate and complete information relevant to the engagement.
• Make yourself or appropriate representatives available for sessions as scheduled.
• Respond to requests for information or clarification within a reasonable time.
• Use deliverables only for your own internal business purposes.
• Not misrepresent or distort the content of any deliverable in communications with third parties.
• Not use our website for any unlawful purpose or in a way that infringes the rights of others.

5. Intellectual Property

All content on this website — including text, layout, and visual design — is the property of Cempaka. You may not reproduce, distribute, or adapt this content without prior written consent.

Deliverables produced during an engagement are provided to the client for their own use. Cempaka retains the right to use anonymised and aggregated insights from engagements to improve our methodology, provided no client-identifiable information is included.

6. Payment Terms

• Fees are quoted in Malaysian Ringgit (RM) and are fixed per service as published on our Solutions page.
• Payment is due prior to commencement of the engagement unless otherwise agreed in writing.
• Accepted payment methods will be confirmed at the time of engagement confirmation.
• Cancellations: If a client cancels an engagement before the first session, a full refund will be issued. Cancellations after the first session has taken place are not eligible for a refund of the full fee; however, any remaining sessions not yet conducted may be credited toward a future engagement at our discretion.
• Scope extensions, if agreed by both parties, will be charged at a rate agreed in writing before additional work begins.

7. Confidentiality

Both parties agree to treat Confidential Information with discretion. Cempaka will not disclose client business details to third parties except where required by law or necessary to deliver the agreed service (e.g. cloud infrastructure providers under confidentiality obligations).

This obligation of confidentiality continues for three years after the close of the engagement.

8. Disclaimers

Cempaka provides advisory services based on information available at the time of engagement. Our deliverables represent observations, options, and considerations — they are not binding recommendations and should not be treated as legal, financial, or regulatory advice.

We make no representations regarding the outcomes that may follow from acting on the content of any deliverable. Business decisions remain the responsibility of the client.

9. Limitation of Liability

To the extent permitted by Malaysian law, Cempaka's total liability to a client in respect of any engagement shall not exceed the fee paid for that engagement.

We are not liable for indirect, consequential, or incidental losses arising from the use of our services or website, including loss of profit, loss of business, or decisions made based on advisory deliverables.

10. Indemnification

You agree to indemnify Cempaka against any claims, losses, or expenses arising from your misuse of our services or website, your breach of these terms, or any inaccurate information you have provided during an engagement.

11. Termination

Either party may terminate an engagement by giving written notice. If Cempaka terminates due to circumstances outside our control or for operational reasons, we will refund the portion of the fee relating to work not yet completed.

Clauses relating to confidentiality, intellectual property, limitation of liability, and dispute resolution survive termination of these terms or any engagement.

12. Dispute Resolution

These terms are governed by the laws of Malaysia. In the event of a dispute, the parties agree to attempt resolution through direct discussion in the first instance. If the matter cannot be resolved informally within 30 days, either party may refer it to mediation under the Asian International Arbitration Centre (AIAC) rules, with proceedings held in Penang.

The courts of Malaysia shall have jurisdiction over any dispute not resolved through mediation.

13. General Provisions

• Entire agreement: These terms, together with any written service agreement, constitute the entire agreement between the parties.
• Severability: If any provision is found to be unenforceable, the remaining provisions continue in full effect.
• Waiver: Failure to enforce any provision does not constitute a waiver of the right to enforce it in future.
• Assignment: You may not assign your rights under these terms without our prior written consent.
• Notices: Formal notices under these terms should be sent by email to [email protected] or by post to our registered address.

14. Changes to These Terms

We may update these terms from time to time. The date at the top of this page reflects the most recent revision. Material changes will be noted on the website. Continued use of our services or website after changes are posted constitutes acceptance of the revised terms.

15. Contact

• Company: Cempaka
• Address: Lebuh Pantai 27, 10300 George Town, Penang, Malaysia
• Email: [email protected]
• Phone: +60 4-263 9071