Legal
Terms and Conditions
The terms that govern use of the Kemuncak Advisory website and the delivery of our advisory services to clients.
Last revised: 1 January 2025 · Kemuncak Advisory, Kuala Lumpur
Please read these terms carefully before using the Kemuncak Advisory website or engaging our advisory services. By using the website or confirming an engagement, you agree to be bound by these terms.
These terms should be read alongside our Privacy Policy and Cookie Policy, which form part of the overall arrangement between us.
About Us
Kemuncak Advisory is a technology vendor selection consultancy operating in Malaysia. Our principal place of business is Plaza Mont Kiara, 2 Jalan Kiara, 50480 Kuala Lumpur. References in these terms to "we", "our", or "the practice" refer to Kemuncak Advisory.
These terms govern both (a) your use of our website at kemuncak-advisory.info and (b) the provision of advisory services to clients who have formally engaged the practice.
Use of This Website
You may use this website for lawful purposes and in a manner consistent with its intended use as a source of information about our practice. You agree not to:
- —Transmit any content that is unlawful, defamatory, or otherwise objectionable.
- —Attempt to gain unauthorised access to any part of the website or its underlying systems.
- —Use automated tools to scrape, index, or otherwise extract content from the website without our written consent.
- —Misrepresent your identity or affiliation when submitting an enquiry.
We reserve the right to restrict or terminate access for any user who breaches these terms.
Advisory Services
Engagement of Services
Our advisory services are delivered under a written engagement letter or scope of work agreed between Kemuncak Advisory and the client. The specific deliverables, timeline, fees, and working arrangement are set out in that document, which takes precedence over these general terms where there is any conflict.
Services Offered
Our current service offerings comprise the Vendor Brief Conversation (RM 870), the Shortlist and Evaluation Advisory (RM 2,820), and the Contract Negotiation Workshop (RM 1,290). Fees are stated exclusive of any applicable taxes and are subject to change for new engagements.
Independence
Kemuncak Advisory maintains strict independence from technology vendors. We do not accept fees, referral payments, hospitality, or any other consideration from vendors assessed during a client engagement. Our recommendations reflect our professional judgement and the interests of the client.
Nature of Advice
Our advice constitutes professional opinion informed by analysis and experience. It does not constitute legal advice, financial advice, or any form of regulated advisory service. Clients retain responsibility for their own procurement decisions and for seeking specialist legal or financial counsel where appropriate.
Fees and Payment
Fees for each engagement are confirmed in the engagement letter. Unless otherwise agreed, our standard payment terms are as follows:
- —A deposit of fifty percent is due upon confirmation of the engagement.
- —The balance is due within fourteen days of the delivery of the final written deliverable.
- —Invoices are issued in Malaysian Ringgit. Payment is accepted by bank transfer to our designated account.
Where a client requests significant scope changes after the engagement has commenced, we reserve the right to discuss a revised fee arrangement before proceeding with the additional work.
Confidentiality
We treat all information shared by clients as confidential and will not disclose it to third parties except where required by law or where the client has given explicit consent.
Clients are expected to treat the deliverables we produce, our methodologies, and the contents of our working sessions as confidential to their organisation. Deliverables may be shared internally within the client organisation and with advisers operating under equivalent confidentiality obligations.
Where a more detailed confidentiality arrangement is required, this may be addressed in the engagement letter or a separate non-disclosure agreement.
Intellectual Property
The content of this website, including text, design, and structure, belongs to Kemuncak Advisory and may not be reproduced without our written consent.
Written deliverables produced under a client engagement — including vendor briefs, evaluation reports, and negotiation handbooks — are the property of the client upon receipt of full payment. We retain the right to use anonymised and aggregated insights from our engagements to improve our methodology and advisory practice.
Our methodologies, frameworks, and working templates remain our intellectual property at all times.
Cancellation and Termination
Either party may terminate an engagement by written notice. In the event of termination:
- —Fees for work completed and expenses reasonably incurred up to the date of termination remain payable by the client.
- —The deposit is non-refundable where termination is initiated by the client after the engagement has commenced.
- —Where termination is initiated by us due to the client's material breach, the full engagement fee remains payable.
Any partial deliverables produced up to the point of termination will be provided to the client upon settlement of outstanding fees.
Limitation of Liability
Our liability arising out of or in connection with an engagement, whether in contract, tort, or otherwise, is limited to the fees paid by the client for the specific engagement in which the liability arises.
We are not liable for indirect or consequential losses, including loss of profit, loss of contract, or procurement outcomes that do not meet the client's expectations, where such outcomes result from the client's own decisions or from circumstances outside our reasonable control.
Nothing in these terms limits our liability for fraud, wilful misconduct, or any matter that cannot lawfully be limited.
Website Availability
We aim to keep our website available but do not warrant uninterrupted or error-free access. We may update, modify, or take down any part of the website without prior notice. The information on the website is provided for general purposes and does not constitute advice.
Governing Law
These terms and any engagement between us are governed by the laws of Malaysia. Any dispute arising under or in connection with these terms shall be subject to the exclusive jurisdiction of the courts of Malaysia.
Where a dispute arises, both parties agree to attempt to resolve it through good-faith discussion before commencing formal proceedings.
Changes to These Terms
We may update these terms from time to time. The revised date at the top of this page will reflect any material changes. Engagements confirmed before an update remain subject to the terms in effect at the time of confirmation.
Questions about these terms
We are happy to clarify
If any part of these terms requires clarification, or if you wish to discuss the arrangements for a specific engagement, please reach us directly.