These Terms and Conditions ("Terms") apply to all visitors to the Halcyon Strategy website and to all clients who engage Halcyon Strategy Sdn. Bhd. for professional advisory services. Please read them carefully. If you have any questions, we welcome your enquiry before proceeding.
Section 1
Definitions
In these Terms, the following definitions apply:
- "Company," "we," "us," or "our" refers to Halcyon Strategy Sdn. Bhd., a company incorporated in Malaysia with its principal place of business at Level 8, Menara Shell, Jalan Tun Sambanthan, 50470 Kuala Lumpur.
- "Client" or "you" refers to any individual or organization that engages our services or accesses our website.
- "Services" refers to the professional advisory engagements offered by the Company, including Leadership Advisory, Organizational Design Review, and Practice Area Advisory Papers.
- "Engagement Letter" refers to the written agreement issued by the Company confirming the scope, fees, and terms of a specific service engagement.
- "Website" refers to all pages and content accessible under the domain halcyonsad and its subdomains.
- "Deliverables" refers to any written output, analysis, paper, briefing, or report produced by the Company in the course of an engagement.
Section 2
Acceptance of Terms
By accessing the Website or engaging the Company's Services, you confirm that you have read, understood, and agree to be bound by these Terms. If you are accessing the Website or engaging Services on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.
These Terms may be updated from time to time. The version published on the Website at the time of your engagement or visit will apply. We will endeavour to notify clients of material changes where practicable.
Where an Engagement Letter exists, the terms of that letter will take precedence over these general Terms in the event of any conflict relating to the specific engagement.
Section 3
Website Use
The Website is provided for informational purposes. Content published on the Website reflects general information about the Company and its services and does not constitute professional advice. Visitors should not act on any information on this Website without first obtaining specific advice appropriate to their circumstances.
You agree to use the Website only for lawful purposes. You must not use the Website in a manner that disrupts its operation, attempts to gain unauthorized access, or transmits harmful or unlawful content.
The Company makes reasonable efforts to ensure the accuracy of information on the Website but does not warrant that content is error-free, complete, or current. We may modify or remove content at any time without notice.
The Website may contain links to third-party websites. These links are provided for convenience only. The Company does not endorse, control, or accept responsibility for the content of third-party websites.
Section 4
Professional Services
All Services are subject to the execution of an Engagement Letter setting out the specific scope, deliverables, timeline, and fees. No engagement commences until an Engagement Letter has been signed by both parties.
The Company provides advisory services based on the information made available by the Client. The quality and accuracy of our advice depends on the completeness and accuracy of information provided. The Company is not responsible for outcomes arising from incomplete or inaccurate information supplied by the Client.
Advisory services represent considered professional opinion and analysis. They do not constitute legal, financial, regulatory, or investment advice. Clients are encouraged to seek specialist professional advice where matters of law, finance, or regulation are material to their decisions.
The Company reserves the right to decline any engagement at its discretion, including where there is a conflict of interest, where the engagement falls outside the Company's areas of practice, or where the Company reasonably determines that it cannot provide services of adequate quality in the circumstances.
Timelines specified in Engagement Letters are indicative. The Company will use reasonable endeavours to meet agreed timelines but is not liable for delays caused by factors outside its reasonable control, including delayed provision of information or materials by the Client.
Section 5
Fees and Payment
Fees are as specified in the Engagement Letter or, for standard services, as published on the Website at the time of engagement. All fees are stated in Malaysian Ringgit (RM) and are exclusive of applicable taxes including Sales and Service Tax (SST) unless otherwise stated.
Unless otherwise agreed in writing, a deposit of fifty percent (50%) of the total engagement fee is payable upon signing the Engagement Letter. The balance is payable upon delivery of the final Deliverable or at intervals as specified in the Engagement Letter.
Invoices are payable within fourteen (14) calendar days of the invoice date. Overdue amounts may attract interest at a rate of one percent (1%) per month from the due date until the date of full payment.
Where an engagement is cancelled by the Client after commencement, fees for work completed to the date of cancellation are payable in full. The deposit is non-refundable unless the Company is unable to commence the engagement within a reasonable period of the agreed start date.
Where an engagement is cancelled by the Company other than for cause, fees paid in advance will be returned on a pro-rata basis for work not yet commenced.
The Company may revise its fee schedule from time to time. Any revision will not affect fees agreed in an existing Engagement Letter.
Section 6
Confidentiality
The Company treats all client information as confidential. Information shared in the course of an engagement will not be disclosed to third parties without the Client's prior written consent, except where disclosure is required by law, regulation, or a court order of competent jurisdiction.
Confidentiality obligations survive the completion or termination of an engagement and continue for a period of five (5) years thereafter, unless a different period is specified in the Engagement Letter.
Where the Company engages external specialists or subcontractors in connection with an engagement, those parties will be subject to equivalent confidentiality obligations.
The Client agrees to treat as confidential all methodologies, frameworks, and internal processes of the Company disclosed during an engagement. This does not extend to information that is, or becomes, publicly available through no breach of this obligation.
The Company may reference the nature of an engagement (without identifying the Client or disclosing confidential information) for the purpose of describing its experience and capabilities, unless the Client requests otherwise in writing.
Section 7
Intellectual Property
All intellectual property in Deliverables produced specifically for a Client engagement will transfer to the Client upon receipt of full payment for that engagement, unless otherwise agreed in the Engagement Letter.
The Company retains ownership of all methodologies, frameworks, templates, tools, and background intellectual property developed prior to or independently of any client engagement. The Client receives a non-exclusive licence to use these elements as embedded in the Deliverables.
All content on the Website, including text, design elements, and imagery, is the property of the Company or its licensors. You may not reproduce, distribute, or adapt Website content without the prior written consent of the Company.
Where Deliverables incorporate third-party materials, the Company will make reasonable efforts to identify any licensing restrictions that apply to the Client's intended use of those materials.
Section 8
Limitation of Liability
The Company's total liability to the Client arising from any engagement, whether in contract, tort, or otherwise, is limited to the total fees paid by the Client for the specific engagement giving rise to the claim.
The Company shall not be liable for any indirect, consequential, special, or incidental loss, including but not limited to loss of revenue, loss of profit, loss of business opportunity, or reputational damage, arising from reliance on the Company's advice or Deliverables.
Nothing in these Terms excludes or limits liability for death or personal injury caused by negligence, fraud, or any other liability that cannot be lawfully excluded under Malaysian law.
The Client acknowledges that advisory services involve professional judgment and that outcomes cannot be assured. The Company's liability does not extend to matters within the discretion of the Client, including decisions made in reliance on but not strictly in accordance with the Company's advice.
Section 9
Disclaimers
The Website and its content are provided on an "as available" basis. The Company makes no warranties, express or implied, regarding the completeness, accuracy, or fitness for purpose of any information published on the Website.
Advisory services are provided on a reasonable endeavours basis. The Company does not warrant specific outcomes, business results, or organizational improvements as a consequence of any engagement.
Information on the Website regarding fees, service descriptions, and advisory approaches is subject to change and should be confirmed directly with the Company before commencing any engagement.
Section 10
Termination
Either party may terminate an engagement by giving written notice to the other party. Termination does not affect any rights or obligations that have accrued prior to the date of termination.
The Company may terminate an engagement immediately on written notice if the Client fails to make payment when due, provides materially false or misleading information, or acts in a manner that makes continuation of the engagement impracticable or contrary to professional standards.
Upon termination, the Client is obligated to pay all fees for work completed up to the date of termination. Deliverables completed and paid for will be provided to the Client. Work in progress at the date of termination will be shared at the Company's discretion.
Section 11
Data Protection
The Company processes personal data in accordance with Malaysia's Personal Data Protection Act 2010 (PDPA) and its Privacy Policy, which is available on the Website. By engaging the Company's services or submitting an enquiry, you consent to the processing of your personal data as described in that policy.
Personal data provided in the course of an engagement is processed for the purpose of delivering the agreed services, communicating with the Client, and fulfilling legal obligations. The Company does not sell or rent personal data to third parties.
For enquiries regarding personal data, including requests for access, correction, or erasure, please contact privacy@halcyonsad.
Section 12
Governing Law and Dispute Resolution
These Terms and any engagement between the Company and the Client are governed by and construed in accordance with the laws of Malaysia.
In the event of a dispute, the parties agree to first attempt to resolve the matter through good faith discussion. Either party may request a meeting for this purpose, which should take place within fourteen (14) days of a written request.
If a dispute cannot be resolved through negotiation within thirty (30) days of the initial written notice of the dispute, either party may refer the matter to the Asian International Arbitration Centre (AIAC) in Kuala Lumpur for resolution by arbitration under the AIAC Arbitration Rules then in force. The arbitration will be conducted in English and the seat of arbitration will be Kuala Lumpur.
Nothing in this section prevents either party from seeking urgent injunctive or interim relief from a court of competent jurisdiction.
Section 13
Contact and Questions
If you have questions about these Terms or wish to discuss their application to your circumstances, please reach out to us. We are happy to clarify any aspect before you proceed.
Halcyon Strategy Sdn. Bhd.
Level 8, Menara Shell, Jalan Tun Sambanthan, 50470 Kuala Lumpur
Telephone: +60 3 2276 9481
Email: legal@halcyonsad