Terms & Conditions

1. Definitions

In these Terms and Conditions, the following words have the meanings given:

• "Merbau", "we", "us", "our" — the consulting practice operating from No. 4, Jalan Laksamana, 75000 Melaka, Malaysia.
• "Client", "you", "your" — the individual or business owner who engages or enquires about our services.
• "Services" — the business consulting engagements offered by Merbau, including Horizon Check, Three-Year Review, and Horizon Partnership.
• "Engagement" — a confirmed booking for one of our service packages.
• "Agreement" — the contract formed between Merbau and the Client upon confirmation of an Engagement, incorporating these Terms and Conditions.
• "Content" — any materials, documents, written reports, notes, or other deliverables produced by Merbau in the course of the Services.
• "Website" — the Merbau website and any pages connected to it.

2. Acceptance of Terms

By submitting an enquiry, confirming an engagement, or making a payment, you agree to these Terms and Conditions in full. If you are engaging on behalf of a business, you represent that you have authority to bind that business to this Agreement.

Our Services are intended for business owners and individuals aged 18 years or older who have the legal capacity to enter into a binding agreement under Malaysian law.

Use of the Website does not itself constitute an agreement for services; an Agreement is formed only upon written confirmation of an Engagement and receipt of payment where applicable.

3. Service Description

Merbau offers advisory and consulting services for small business owners in Malaysia, with a focus on longer-term business direction and decision-making. Our current service packages are:

• Horizon Check (RM 710) — A single-session engagement including a working session, a written reflection, and a short list of longer-view priorities.
• Three-Year Review (RM 1,950) — A five-week engagement including two planning sessions, a written outlook, simple milestones, and a follow-up conversation.
• Horizon Partnership (RM 3,400) — A six-month advisory relationship including monthly sessions, quarterly reviews, and ongoing support.

Services are delivered primarily in person at our Melaka premises or via video call, as agreed with each Client. Merbau reserves the right to adjust service delivery methods where reasonable, with notice.

4. Engagement & Scope of Services

Each Engagement covers the sessions and deliverables described in the service package chosen. Any additional work, sessions, or deliverables requested beyond the scope of the package will be discussed and, if agreed, charged separately.

Merbau will make reasonable efforts to meet agreed timelines. Where delays arise due to circumstances outside our control, we will communicate promptly and work with you to find a suitable arrangement.

The Client is responsible for attending scheduled sessions, providing relevant business information in a timely manner, and actively participating in the process. The quality of outcomes is supported by the Client's own engagement and honesty.

5. Client Responsibilities

By engaging our Services, you agree to:

• Provide accurate and truthful information about your business, finances, and circumstances to the extent relevant to the service.
• Attend or reschedule sessions with reasonable notice (at least 48 hours where possible).
• Use any written deliverables or recommendations for lawful business purposes only.
• Not share, reproduce, or distribute Merbau's written materials or methodologies without prior written consent.
• Treat all communications with Merbau with professional courtesy and respect.
• Not use the Website or Services for any unlawful purpose or in any manner that could cause harm to Merbau or third parties.

Merbau may decline to continue an Engagement where a Client's conduct is unreasonable, misleading, or harmful. Any fees paid for completed sessions or deliverables will not be refunded in such circumstances.

6. Intellectual Property

All intellectual property in the Website, including text, design, structure, and methodology, is owned by or licensed to Merbau. Nothing on this Website grants any right to use our intellectual property without written permission.

Written deliverables produced specifically for a Client (such as written reflections, outlooks, or priority lists) are provided for that Client's personal business use only. Merbau retains the intellectual property in the underlying frameworks, approaches, and methodologies used to produce them.

You may not reproduce, distribute, or commercially exploit any Content produced by Merbau without our prior written consent.

7. Payment Terms

All prices are quoted in Malaysian Ringgit (RM) and are inclusive of applicable taxes where stated. Payment terms for each package will be confirmed at the time of booking.

• Horizon Check (RM 710) — Full payment required to confirm the session.
• Three-Year Review (RM 1,950) — A deposit of 50% is due to confirm the engagement; the balance is due before the second planning session.
• Horizon Partnership (RM 3,400) — Payment schedule to be agreed at the start of the engagement; typically 50% upfront and the remainder at the three-month point.

Accepted payment methods include bank transfer and other methods confirmed at the time of booking. Merbau will provide a written confirmation upon receipt of payment.

Cancellations and Refunds: Cancellations made more than 5 business days before a scheduled session will receive a full refund of amounts paid for that session. Cancellations within 5 business days may be subject to a partial charge to cover preparation work already completed. Completed sessions and delivered written materials are non-refundable. Where Merbau is unable to proceed with an Engagement, we will refund any fees paid for work not yet completed.

8. Confidentiality

Merbau treats all information shared by Clients in the course of an Engagement as confidential. We will not disclose your business details, personal circumstances, or the content of sessions to third parties without your consent, except where required by law.

We ask Clients to treat information about Merbau's working methods and materials with similar discretion. This mutual understanding supports a productive working relationship.

9. Disclaimers

Merbau provides advisory and consulting services based on the information shared by the Client and on our professional judgement. We do not guarantee specific business outcomes, financial results, or the success of any direction or decision taken following our engagement.

Our Services are not a substitute for professional legal, financial, accounting, or regulatory advice. Where such advice is relevant to your situation, we encourage you to seek it from appropriately qualified professionals.

The Website and its content are provided in good faith and for general information purposes. While we take care to keep information accurate, we make no representation as to its completeness or suitability for any particular purpose.

10. Limitation of Liability

To the fullest extent permitted by Malaysian law, Merbau's total liability to a Client in connection with any Engagement is limited to the fees paid for that Engagement.

Merbau will not be liable for indirect, consequential, or special losses arising from the use of our Services, the Website, or reliance on any advice or information provided, including but not limited to loss of profits, loss of business opportunity, or business interruption.

Nothing in these terms limits liability for death or personal injury caused by negligence, fraud, or any other liability that cannot be excluded under Malaysian law.

11. Indemnification

You agree to indemnify and hold harmless Merbau, its consultants, and associates from any claims, losses, damages, or expenses (including reasonable legal costs) arising from your breach of these Terms, your misuse of our Services or Website, or any misrepresentation made by you in the course of an Engagement.

12. Termination

Either party may terminate an ongoing Engagement by giving written notice. For multi-session packages, the following applies on termination:

• Sessions and deliverables already completed will be charged at their proportional value.
• Remaining prepaid amounts for work not yet begun will be refunded within 14 business days.

Merbau may terminate an Engagement immediately, without refund for completed work, if a Client acts in bad faith, provides materially false information, or engages in conduct that makes continuation unreasonable.

Sections 6, 8, 9, 10, 11, and 13 of these Terms survive termination of any Engagement.

13. Dispute Resolution

These Terms and Conditions are governed by the laws of Malaysia. Any dispute arising from or in connection with these Terms or our Services shall first be approached through good-faith discussion between the parties.

If a dispute cannot be resolved informally within 30 days of written notice, either party may refer the matter to mediation before pursuing formal legal proceedings. Mediation may be facilitated through the Malaysian Mediation Centre or another mutually agreed body.

Where mediation does not resolve the matter, disputes shall be subject to the exclusive jurisdiction of the courts of Malaysia.

14. General Provisions

• Entire Agreement. These Terms, together with any written confirmation of an Engagement, constitute the entire agreement between Merbau and the Client regarding the Services, and supersede any prior discussions or representations.
• Severability. If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.
• Waiver. A failure by Merbau to enforce any provision of these Terms does not constitute a waiver of the right to enforce it at a later time.
• Assignment. You may not assign your rights or obligations under these Terms without our prior written consent. Merbau may transfer its rights where a business is restructured or sold, provided the quality of service to existing Clients is not materially affected.
• Notices. Notices under these Terms should be sent in writing to [email protected] or to our registered address at No. 4, Jalan Laksamana, 75000 Melaka, Malaysia.

15. Changes to These Terms

We may update these Terms from time to time to reflect changes in our services, legal requirements, or operational practice. The updated version will be published on this page with a revised "Last Updated" date.

For ongoing Engagements, material changes will be communicated directly. Continued participation in the Engagement following notice of changes will be taken as acceptance of the revised Terms.

16. Contact Information

If you have questions about these Terms or wish to raise a concern, please reach out: