Terms & Conditions

The following terms carry specific meanings throughout this Agreement:

• "Agreement" refers to these Terms & Conditions, together with any engagement letter or service proposal signed between the parties.
• "Service" refers to the professional consulting engagements offered by Akar Counsel, including Family Business Counsel, Corporate Governance Review, and Generational Transition Advisory.
• "We", "Us", "Our" refers to Akar Counsel, having its principal place of business at 8-12 Wisma Genting, Jalan Sultan Ismail, 50250 Kuala Lumpur, Malaysia.
• "User", "Client", "You" refers to any individual or organization that accesses this website or engages Akar Counsel's services.
• "Content" refers to all materials, reports, frameworks, and documentation produced during an engagement, as well as all text, graphics, and information published on this website.
• "Engagement" refers to a specific consulting project entered into under a signed proposal or letter of engagement.

By accessing this website or engaging our services, you confirm that you have read, understood, and agreed to be bound by these Terms & Conditions in their entirety.

You represent that you are at least 18 years of age and possess the legal capacity to enter into a binding agreement under Malaysian law. If you are accessing this website or engaging our services on behalf of an organization, you warrant that you have the authority to bind that organization to this Agreement.

Continued use of this website following any published amendments to these terms constitutes your acceptance of those changes.

Akar Counsel provides professional advisory and consulting services to Malaysian family businesses, established companies, and organizations navigating governance and generational transition challenges. Our services are described in detail on our Solutions page and in individual engagement proposals.

Our three principal service areas are:

• Family Business Counsel — advisory for governance, succession, and intergenerational continuity matters
• Corporate Governance Review — consulting on board practices, governance arrangements, and oversight structures
• Generational Transition Advisory — structured support for leadership transitions across generations

Services are primarily delivered to clients located in Malaysia. Engagements with clients outside Malaysia may be arranged at our discretion and may be subject to additional terms.

We reserve the right to decline, modify, or discontinue any service offering at any time, and will communicate any material changes to existing clients in writing.

You agree to use this website and our services in a manner consistent with applicable Malaysian law and the spirit of professional engagement. Specifically, you agree to:

• Provide accurate, complete, and current information when making enquiries or entering an engagement
• Cooperate in good faith throughout any consulting engagement, including timely responses to requests for information
• Treat our team members with courtesy and professionalism
• Refrain from using any content or materials from this website for commercial purposes without our written consent
• Refrain from attempting to interfere with or compromise the integrity or security of this website
• Not misrepresent your identity, authority, or relationship with any organization

We reserve the right to decline or terminate an engagement if a client's conduct is found to be materially inconsistent with these responsibilities.

All content on this website — including text, design, graphics, icons, and structural elements — is the intellectual property of Akar Counsel and is protected under Malaysian intellectual property law.

We grant you a limited, non-exclusive, non-transferable licence to access and view this website for your personal or organizational information purposes only. This licence does not extend to reproduction, distribution, public display, or commercial use of any materials without our prior written consent.

Deliverables produced during a consulting engagement are governed by the terms of the relevant engagement letter. Unless otherwise agreed in writing, Akar Counsel retains ownership of all methodologies, frameworks, and background intellectual property used in delivering the services. Client-specific deliverables will be made available to the client for their internal use upon settlement of all outstanding fees.

All fees for our services are denominated in Malaysian Ringgit (MYR) unless otherwise agreed in writing. Fee schedules and payment milestones for each engagement are set out in the engagement letter provided to the client.

Standard payment terms are as follows:

• An initial retainer is typically required to commence an engagement, the amount and proportion of which will be stated in the engagement letter
• Subsequent payments follow a schedule tied to engagement milestones or calendar periods as agreed
• All invoices are payable within 14 days of the invoice date unless alternative terms are agreed in writing
• Late payments may attract interest at a rate consistent with Malaysian commercial practice

Our standard service fees are MYR 3,490 for Family Business Counsel, MYR 2,840 for Corporate Governance Review, and MYR 540 for Generational Transition Advisory. These prices are subject to change and specific engagements may vary.

We do not offer refunds for work already commenced. Where an engagement is discontinued at the client's request, fees for work completed to that point remain payable.

Each consulting engagement is governed primarily by the signed engagement letter or proposal, which takes precedence over these general terms where there is any inconsistency. These general terms apply to all matters not specifically addressed in the engagement letter.

Engagement scope, deliverables, and timelines are as described in the engagement letter. Requests to alter the scope of work during an engagement will be discussed in good faith; material changes may require a revised engagement letter and adjusted fees.

We will make reasonable efforts to adhere to agreed timelines. However, delays arising from factors outside our control, or from the client's unavailability or delayed provision of information, do not constitute a breach of our obligations.

Where a client requires an engagement to be placed on hold, we will accommodate this where reasonably practicable. Extended suspensions of more than 30 days may require a fresh commencement process.

Akar Counsel treats all client information with discretion and takes confidentiality seriously, particularly in family business and governance engagements where sensitive organizational and personal matters are often involved.

We will not disclose client-specific information to third parties without the client's consent, except where disclosure is required by law, regulatory authority, or court order.

Confidentiality obligations in specific engagements are set out more fully in the engagement letter, which may include a mutual confidentiality arrangement.

This website and its contents are provided for general information purposes only. While we endeavor to keep information accurate and current, we make no representations or warranties of any kind regarding the completeness, accuracy, or suitability of the content for any particular purpose.

Our consulting services are advisory in nature. Recommendations we provide reflect our professional judgment based on information available at the time of the engagement. Clients retain responsibility for decisions made on the basis of our advice, and outcomes will depend on factors beyond our control including organizational dynamics, market conditions, and regulatory changes.

Nothing on this website or in our engagement deliverables constitutes legal, financial, or tax advice. Clients requiring advice in those specific disciplines are encouraged to engage appropriately qualified professionals.

To the extent permitted by Malaysian law, Akar Counsel's aggregate liability to any client in connection with any engagement shall not exceed the total fees paid by that client for the relevant engagement.

We shall not be liable for indirect, incidental, special, or consequential losses, including loss of profit, business opportunity, or goodwill, even if we had been advised of the possibility of such losses.

We shall not be liable for delays or failures in performance arising from circumstances beyond our reasonable control, including but not limited to natural events, regulatory changes, industrial action, or disruptions to communications infrastructure.

You agree to indemnify and hold harmless Akar Counsel, its principals, and associates from and against any claims, liabilities, losses, damages, costs, or expenses (including reasonable legal fees) arising from:

• Your breach of any provision of this Agreement
• Your violation of any applicable law or regulation
• Information you provide to us that is inaccurate, incomplete, or misleading
• Your use of our deliverables in a manner inconsistent with the scope agreed in the engagement letter

Either party may terminate a consulting engagement by providing written notice to the other. The required notice period and any financial implications of termination will be stated in the engagement letter.

We reserve the right to suspend or terminate an engagement immediately if a client's conduct is found to be in material breach of these terms or the engagement letter, or if a client engages in conduct that we reasonably consider harmful to our principals, associates, or reputation.

Upon termination, obligations that by their nature should survive — including payment obligations for work performed, confidentiality, intellectual property, and limitation of liability — will continue to apply.

This Agreement is governed by and construed in accordance with the laws of Malaysia. Any disputes arising from or in connection with this Agreement shall be subject to the exclusive jurisdiction of the courts of Malaysia.

Before initiating any formal proceedings, both parties agree to attempt to resolve any dispute through good faith discussions. Either party may initiate this process by providing written notice of the dispute to the other, following which both parties will engage in genuine discussions for a period of no less than 30 days.

Where informal resolution is not achieved, parties may agree to refer the matter to mediation before the Malaysian Mediation Centre or a mutually agreed mediator. The costs of mediation shall be shared equally unless otherwise agreed.

Nothing in this section prevents either party from seeking urgent injunctive or other equitable relief from a court of competent jurisdiction where circumstances warrant.

Entire Agreement. These Terms & Conditions, together with any signed engagement letter, constitute the entire agreement between the parties with respect to the subject matter and supersede all prior discussions, representations, or understandings.

Severability. If any provision of this Agreement is found to be invalid or unenforceable under applicable law, that provision will be modified to the minimum extent necessary to make it enforceable, or removed if modification is not possible, without affecting the remaining provisions.

Waiver. Our failure to enforce any provision of this Agreement on any occasion shall not constitute a waiver of our right to enforce that provision on any subsequent occasion.

Assignment. You may not assign your rights or obligations under this Agreement without our prior written consent. We may assign our obligations to a successor entity in connection with a restructuring or transfer of our practice.

Notices. Formal notices under this Agreement should be directed to us in writing at the address or email address provided in Section 16.

We may update these Terms & Conditions from time to time to reflect changes in our services, legal obligations, or operational practices. Material changes will be published on this page with a revised effective date.

We encourage clients and website visitors to review these terms periodically. Your continued use of this website or engagement of our services following the publication of changes constitutes your acceptance of the updated terms.

Where changes are material and affect an ongoing engagement, we will provide written notice to the relevant client directly.