Legal
Terms & Conditions
Last updated: 8 May 2025 · Effective: 8 May 2025
These Terms and Conditions govern your use of the Kenanga website at kenangamy.cyou and the consulting services we provide. By using our website or engaging our services, you agree to these terms. Please read them carefully.
If you have questions about these terms, contact us at [email protected].
1. Definitions
- "Kenanga" / "we" / "us" / "our" — refers to the business Kenanga, registered in Ipoh, Perak, Malaysia.
- "Client" / "you" / "your" — refers to any individual or business entity that engages our services or uses our website.
- "Services" — refers to the consulting engagements we offer: Bench Review, Process Refit, and Workshop Partnership.
- "Engagement" — a specific consulting arrangement entered into between Kenanga and a Client under an agreed scope and fee.
- "Website" — the site accessible at kenangamy.cyou and all associated pages.
- "Agreement" — these Terms and Conditions together with any engagement letter or scope document agreed between the parties.
2. Acceptance of Terms
By accessing our website or engaging our consulting services, you confirm that:
- You are at least 18 years of age or are acting with the authority of a business entity.
- You have the legal capacity to enter into a binding agreement.
- You accept these Terms and Conditions in full.
If you do not agree with any part of these terms, you should not use our website or engage our services.
3. Description of Services
Kenanga provides business consulting services to small business owners, primarily in Malaysia. Our three current engagement formats are:
- Bench Review (RM 720) — a single engagement including one working session, a written review, and a follow-up call.
- Process Refit (RM 1,950) — a five-week engagement including a process review, two working sessions, written recommendations, and a follow-up call.
- Workshop Partnership (RM 3,380) — a six-month advisory relationship including monthly sessions, quarterly reviews, and responsive support between sessions.
Services are delivered primarily in person in Ipoh, Perak, or remotely where agreed in writing. The scope of each engagement is as described above unless otherwise agreed in a written engagement letter signed by both parties.
4. Client Responsibilities
To allow us to provide services effectively, you agree to:
- Provide accurate and complete information about your business when requested.
- Make yourself (or a suitable representative) available for scheduled sessions at agreed times.
- Inform us promptly if circumstances change that may affect the engagement.
- Not use our advice for unlawful purposes or in ways that could cause harm to others.
- Treat our team with professional respect during all interactions.
We reserve the right to pause or terminate an engagement if the above responsibilities are not met, subject to providing reasonable notice.
5. Intellectual Property
All written materials, frameworks, methodologies, and website content produced by Kenanga remain our intellectual property unless otherwise agreed in writing. Written outputs produced specifically for your engagement (such as your Bench Review document or Process Refit recommendations) are provided for your use within your business.
You may not reproduce, distribute, or commercially use our materials without our prior written consent. Our website content may not be copied or republished without permission.
Any business information you share with us during an engagement remains your property. We do not claim any rights over it.
6. Payment Terms
All fees are quoted in Malaysian Ringgit (RM) and are inclusive of applicable taxes unless stated otherwise. Payment is due as follows:
- Bench Review: Full payment (RM 720) is due prior to the working session.
- Process Refit: A deposit of 50% (RM 975) is due on engagement confirmation; the remaining 50% is due on delivery of written recommendations.
- Workshop Partnership: A deposit of RM 1,000 is due on engagement confirmation; the remaining RM 2,380 is payable in two equal instalments at the start of month two and month four.
Payment methods accepted: bank transfer to the account details provided on your invoice. Receipts are provided for all payments.
Cancellation and refunds: If you cancel a Bench Review with less than 48 hours' notice, the session fee is forfeited. For Process Refit and Workshop Partnership engagements, deposits are non-refundable if cancellation occurs after work has commenced. We will consider refund requests for other circumstances on a case-by-case basis.
7. Engagement-Specific Terms
Scope changes: If during an engagement you request work that falls outside the agreed scope, we will discuss this with you before proceeding. Any agreed change in scope will be documented in writing and may affect the engagement fee.
Rescheduling: Sessions may be rescheduled with a minimum of 24 hours' notice. We will make reasonable efforts to accommodate rescheduling requests. Repeated short-notice cancellations (three or more in a single engagement) may affect our ability to continue the engagement.
Written outputs: Delivery timelines for written outputs are as described in our service descriptions and are estimates. We will inform you if a delay is likely.
Confidentiality: We treat all business information shared with us as confidential. We do not discuss your business situation with other clients or third parties without your consent, except as required by law.
8. Disclaimers
Kenanga provides advisory services based on the information available to us and our professional judgement. We do not warrant specific business outcomes as a result of our advice.
Our recommendations are based on information you provide us. The accuracy and completeness of that information is your responsibility. We cannot be held liable for advice given on the basis of inaccurate or incomplete information.
Our services do not constitute legal, financial, tax, or accounting advice. For matters requiring those specialisms, we recommend you consult the relevant licensed professionals.
Our website is provided "as is". We do not warrant that it will be uninterrupted, error-free, or free from harmful elements.
9. Limitation of Liability
To the fullest extent permitted by Malaysian law, Kenanga's total liability to you arising from or in connection with an engagement shall not exceed the total fees paid by you for that engagement.
We shall not be liable for any indirect, consequential, or special loss, including loss of profit, loss of business, or loss of opportunity, even if we were advised of the possibility of such loss.
Nothing in these terms limits our liability for fraud, death, or personal injury caused by our negligence, or any other liability that cannot be excluded by law.
10. Indemnification
You agree to indemnify and hold Kenanga, its advisors, and its representatives harmless from any claims, losses, or damages arising from your breach of these terms, your use of our website, or your misrepresentation of information provided to us during an engagement.
11. Termination
Either party may terminate an engagement by providing written notice. Notice periods and the treatment of fees upon termination are as follows:
- For the Bench Review: termination prior to the session results in a full refund; termination after the session forfeits the session fee.
- For the Process Refit: the deposit is non-refundable after work commences; fees paid for completed work are not refundable.
- For the Workshop Partnership: one calendar month's written notice is required. Fees paid for completed months are not refundable.
We reserve the right to terminate an engagement immediately in cases of serious misconduct or material breach of these terms, with written notice provided.
12. Governing Law and Dispute Resolution
These Terms and Conditions are governed by the laws of Malaysia. Any dispute arising out of or in connection with these terms or our services shall be subject to the exclusive jurisdiction of the courts of Malaysia.
Before commencing formal proceedings, we encourage parties to attempt to resolve disputes informally. If you have a complaint, contact us at [email protected] and we will work to address your concern within 14 business days.
13. General Provisions
- Entire agreement: These terms, together with any written engagement letter, constitute the entire agreement between the parties for the services described.
- Severability: If any provision of these terms is found to be unenforceable, the remaining provisions continue in full effect.
- No waiver: Our failure to enforce any provision does not constitute a waiver of our right to enforce it in the future.
- Assignment: You may not assign your rights or obligations under these terms without our written consent. We may assign our rights in the course of a business transfer.
14. Changes to These Terms
We may update these terms from time to time. The updated date at the top of this page reflects the most recent revision. For existing clients, material changes will be communicated directly. Continued use of our website or services after a change constitutes acceptance of the updated terms.
15. Contact
- Email: [email protected]
- Address: Kenanga, No. 14, Jalan Sultan Idris Shah, 30000 Ipoh, Perak, Malaysia
- Phone: +60 5-241 8736