Terms & Conditions

1. Definitions

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

• "Company", "we", "us", "our" refers to Cahaya Strategi, a consulting firm registered in Malaysia and based at 7 Persiaran Gurney, 10250 George Town, Penang.
• "Client", "you", "your" refers to any individual or organisation that uses our website or engages our services.
• "Service" refers to any consulting engagement offered by Cahaya Strategi, including Diagnostic Business Review, Brand Positioning Strategy, and Corporate Governance Framework.
• "Agreement" refers to the engagement letter or written agreement signed between the Company and the Client for a specific Service.
• "Website" refers to the Cahaya Strategi website at https://cahaya-strategi.live.
• "Deliverable" refers to any report, document, presentation, or other output produced by the Company as part of a Service.

2. Acceptance of Terms

By using our 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 are authorised to bind that entity to these Terms; and
• You have read, understood, and agree to be bound by these Terms & Conditions.

3. Description of Services

Cahaya Strategi provides professional business consulting services to owner-managed and growing enterprises in Malaysia. Our current service offerings are:

• Diagnostic Business Review — a structured evaluation of core business functions over approximately three weeks.
• Brand Positioning Strategy — a research and workshop-based engagement to define or refine market positioning over approximately five weeks.
• Corporate Governance Framework — an engagement to design governance structures and policies, delivered over approximately six weeks.

The specific scope, timeline, deliverables, and fee for each engagement are detailed in the Agreement signed between the Company and the Client. These Terms & Conditions apply alongside any such Agreement.

4. Engagement and Payment Terms

4.1 Engagement commencement

An engagement begins on the date specified in the signed Agreement, subject to receipt of any agreed deposit or upfront payment.

4.2 Fees

Fees are as stated in the Agreement and are denominated in Malaysian Ringgit (MYR). The Company reserves the right to adjust published fees for new engagements with reasonable notice.

4.3 Payment

Payment terms are specified in the Agreement. Invoices are payable within 14 days of the invoice date unless otherwise agreed. Late payments may attract interest at 1.5% per month on the outstanding balance.

4.4 Expenses

Reasonable out-of-pocket expenses incurred in delivering the Service (such as travel outside Penang, if required) will be agreed in advance and invoiced separately at cost.

5. Cancellation and Refunds

If a Client wishes to cancel or suspend an engagement:

• Cancellation more than 7 business days before commencement: any deposit paid will be refunded in full.
• Cancellation within 7 business days of commencement: the deposit is non-refundable, but no further fees are due unless work has commenced.
• Cancellation after work has commenced: fees will be charged on a pro-rata basis for work completed to the date of cancellation.

Refunds, where applicable, will be processed within 14 business days of written confirmation of cancellation.

6. Client Responsibilities

To enable the Company to deliver the Services effectively, the Client agrees to:

• Provide timely access to relevant documents, data, and personnel as reasonably requested;
• Ensure that all information provided to the Company is accurate and complete;
• Nominate a primary point of contact within their organisation;
• Attend scheduled review sessions and provide feedback within agreed timeframes; and
• Not engage the Company's named consultants directly for individual services outside the Agreement during and for 12 months following the engagement.

7. Intellectual Property

7.1 Company IP

All methodologies, frameworks, templates, and proprietary tools used by Cahaya Strategi remain the intellectual property of the Company. Use of such materials outside the scope of the Client's engagement is not permitted without prior written consent.

7.2 Deliverables

Upon full payment of all fees due, the Client is granted a non-exclusive, non-transferable licence to use Deliverables within their own business operations. Deliverables may not be resold, sublicensed, or distributed externally without the Company's written consent.

7.3 Client materials

The Client retains all rights to documents, data, and materials provided to the Company. The Company will not use Client materials for any purpose other than delivering the agreed Service.

8. Confidentiality

Both parties agree to treat as confidential all non-public information received from the other in connection with any engagement. Neither party will disclose confidential information to third parties without the other's prior written consent, except where required by law. This obligation survives the termination of any engagement.

9. Disclaimers

The Services and Website are provided on an "as is" basis. While Cahaya Strategi takes care to provide accurate, considered, and well-reasoned recommendations, the Company:

• Does not warrant that Deliverables will achieve specific financial or business outcomes;
• Does not provide legal, tax, or financial advice and recommends that Clients seek appropriate professional advice on such matters;
• Is not responsible for decisions made by the Client on the basis of Deliverables or recommendations.

10. Limitation of Liability

To the maximum extent permitted by applicable law, the Company's total liability to the Client arising from any engagement or use of the Website shall not exceed the total fees paid by the Client for the relevant engagement during the 12 months preceding the claim.

The Company is not liable for any indirect, consequential, incidental, or special losses including lost revenue, lost profits, or loss of business opportunity, even if the possibility of such losses was foreseeable.

11. Indemnification

The Client agrees to indemnify and hold Cahaya Strategi, its directors, and consultants harmless from any claims, losses, or expenses (including reasonable legal fees) arising from: (a) the Client's use of Deliverables in a manner inconsistent with these Terms; (b) inaccurate or incomplete information provided by the Client; or (c) the Client's violation of any applicable law.

12. Termination

Either party may terminate an engagement by written notice if the other party materially breaches the Agreement and fails to remedy that breach within 14 days of written notice. Upon termination, the Client will pay for all work completed to the date of termination. Confidentiality obligations survive termination.

13. Governing Law and Dispute Resolution

These Terms & Conditions are governed by and construed in accordance with the laws of Malaysia. In the event of a dispute, both parties agree to first attempt to resolve the matter informally through good-faith negotiations. If the dispute is not resolved within 30 days, it may be submitted to mediation or arbitration under Malaysian law before resorting to litigation. The courts of Malaysia shall have exclusive jurisdiction over disputes that proceed to formal legal proceedings.

14. General Provisions

• Entire agreement: These Terms, together with any signed Agreement, constitute the entire understanding between the parties and supersede all prior discussions or representations.
• Severability: If any provision is found invalid or unenforceable, the remaining provisions continue in full force.
• Waiver: Failure to enforce any provision does not constitute a waiver of the right to do so in the future.
• Assignment: The Client may not assign its rights under any Agreement without the Company's prior written consent.
• Notices: Notices under these Terms should be sent to [email protected] or to the address above.

15. Changes to These Terms

We may update these Terms & Conditions from time to time. Changes will be posted on this page with an updated effective date. For active engagements, changes to Terms will not apply retroactively without Client consent. Continued use of our Website following an update constitutes acceptance of the revised Terms.

16. Contact

For questions regarding these Terms & Conditions:

Legal Enquiries
Cahaya Strategi
7 Persiaran Gurney, 10250 George Town, Penang, Malaysia
Email: [email protected]