Terms & Conditions
These terms govern your use of the Bumi Advisors website and the consulting services we provide. Please read them carefully before engaging our services or making continued use of this site.
These Terms and Conditions ("Terms") constitute a legally binding agreement between you and Bumi Advisors ("we," "us," "our"). By using our website or engaging our consulting services, you indicate that you have read, understood, and agreed to be bound by these Terms. If you do not agree, please refrain from using this website or engaging our services.
1. Acceptance of Terms
Access to and use of the Bumi Advisors website at bumiisaaas.biz (the "Website") is subject to your compliance with these Terms. These Terms apply to all visitors, enquirers, and clients. By continuing to browse the Website or by submitting an enquiry or signing an engagement letter, you are confirming your acceptance of these Terms.
We reserve the right to modify these Terms at any time. Updated Terms will be posted on this page with a revised effective date. Continued use of the Website or our services following any changes constitutes acceptance of the revised Terms.
2. Our Services
Bumi Advisors provides business consulting and advisory services to Malaysian companies and, where applicable, to regional clients. The services described on this Website are offered as general information only and do not constitute a binding offer. The scope, deliverables, timelines, and fees for any engagement are specified in a separate written engagement letter or agreement entered into between Bumi Advisors and the client.
We reserve the right to decline to provide services to any prospective client at our reasonable discretion, including where we determine that a conflict of interest exists or where the nature of the work falls outside our area of competence.
Nothing on this Website constitutes financial, legal, tax, or investment advice. Content is provided for general information purposes only. You should seek independent professional advice before making significant business decisions.
3. Client Engagements
A consulting engagement with Bumi Advisors commences upon both parties signing an engagement letter. The engagement letter will specify:
- The scope and objectives of the engagement.
- The deliverables and timeline.
- The professional fees and payment schedule.
- Any specific terms that supplement or modify these general Terms.
In the event of any conflict between the engagement letter and these Terms, the engagement letter shall take precedence in respect of the matters it addresses.
Our advisory services represent our professional opinion based on the information provided by the client and our analysis. Outcomes are dependent on many factors, including the client's own implementation efforts, market conditions, and third-party actions that are outside our control. We do not warrant any particular business result from our services.
4. Fees and Payment
Professional fees are set out in the relevant engagement letter. Unless otherwise agreed in writing:
- Invoices are payable within fourteen (14) days of the invoice date.
- A deposit of fifty percent (50%) of the total engagement fee is payable upon signing the engagement letter before work commences.
- All fees are quoted in Malaysian Ringgit (MYR) and are subject to any applicable goods and services tax or other statutory levies.
- Late payment may result in a charge of one percent (1%) per month on the outstanding balance, calculated from the due date until the date of payment.
- Out-of-pocket expenses reasonably incurred in the performance of services (such as travel and accommodation for off-site work) are chargeable to the client at cost, subject to prior agreement.
5. Cancellation and Termination
Either party may terminate an engagement by giving written notice as specified in the engagement letter. In the absence of a specific provision, a minimum notice period of fourteen (14) days applies.
In the event of termination by the client:
- Work completed and expenses incurred to the termination date are payable in full.
- Where a fixed-fee engagement is partially complete, fees will be apportioned based on the proportion of work demonstrably completed at the termination date.
- Any deposit paid is non-refundable unless the termination is due to a material breach by Bumi Advisors.
We reserve the right to suspend or terminate an engagement if the client fails to provide reasonably required information, fails to make timely payment, or engages in conduct that we reasonably consider harmful to the engagement or to our professional integrity.
6. Intellectual Property
All content on the Bumi Advisors Website, including text, graphics, logos, images, and the overall design, is the property of Bumi Advisors or its content licensors and is protected by applicable Malaysian and international copyright law. You may not reproduce, distribute, or create derivative works from any part of this Website without our prior written consent.
In respect of consulting engagements:
- Deliverables produced specifically for a client pursuant to an engagement letter become the property of the client upon receipt of full payment for the relevant phase of work.
- Bumi Advisors retains ownership of all pre-existing methodologies, frameworks, tools, templates, and know-how that were developed independently of the engagement, even where these are incorporated into client deliverables. We grant the client a non-exclusive licence to use such components for the purposes for which the deliverables were prepared.
- We may reference engagements in general terms for the purpose of describing our experience, subject to our confidentiality obligations.
7. Confidentiality
We treat information shared with us in connection with an engagement with the care and discretion it deserves. Bumi Advisors will not disclose confidential client information to third parties without the client's consent, except where required by law, by an order of a competent court, or as necessary to perform the services (for example, to a specialist sub-contractor retained with the client's knowledge).
Similarly, clients are expected to treat as confidential any proprietary methods, tools, or approaches shared by Bumi Advisors during an engagement, and not to use or disclose such materials for purposes beyond the scope of the engagement.
Confidentiality obligations survive the termination of an engagement for a period of three (3) years, unless otherwise agreed in writing.
8. Website Use
You agree to use this Website only for lawful purposes and in a manner that does not infringe the rights of others or restrict the use and enjoyment of the Website by any third party. You must not:
- Attempt to gain unauthorised access to any part of the Website or any connected system.
- Transmit any material that is unlawful, harmful, threatening, defamatory, or otherwise objectionable.
- Use automated tools to scrape, crawl, or harvest content from this Website without our prior written consent.
- Introduce malicious code, viruses, or any other harmful material to the Website.
We reserve the right to restrict access to the Website at any time and for any reason, including for technical maintenance or to address security concerns.
9. Limitation of Liability
To the fullest extent permitted by applicable Malaysian law:
- We do not warrant that the Website will be available at all times, free of errors, or that defects will be corrected.
- Information on the Website is provided in good faith for general information purposes and does not constitute professional advice.
- Our aggregate liability to any client in connection with a consulting engagement shall not exceed the total fees paid by that client in respect of the specific engagement giving rise to the claim.
- We shall not be liable for any indirect, consequential, or special loss, including loss of profit, loss of business opportunity, or loss of data, even if we have been advised of the possibility of such loss.
Nothing in these Terms limits our liability for fraud, wilful misconduct, or death or personal injury caused by our negligence.
10. Indemnity
You agree to indemnify and hold harmless Bumi Advisors, its directors, employees, and agents from and against any claims, liabilities, costs, and expenses (including reasonable legal fees) arising from your breach of these Terms, your use of the Website in an unauthorised or unlawful manner, or your infringement of any third-party rights.
11. Governing Law and Dispute Resolution
These Terms and any engagement between Bumi Advisors and a client are governed by and shall be construed in accordance with the laws of Malaysia.
Any dispute arising out of or in connection with these Terms or a consulting engagement shall first be subject to good faith negotiation between the parties. If the dispute cannot be resolved through negotiation within thirty (30) days of one party notifying the other in writing, either party may refer the dispute to mediation under the Asian International Arbitration Centre (AIAC) Mediation Rules.
If mediation does not resolve the dispute, the parties submit to the non-exclusive jurisdiction of the courts of Malaysia, with the courts of Sabah having primary jurisdiction for disputes arising from engagements conducted from our Kota Kinabalu office.
12. General Provisions
Entire agreement: These Terms, together with any applicable engagement letter, constitute the entire agreement between you and Bumi Advisors in respect of their subject matter, and supersede all prior representations and understandings.
Severability: If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.
Waiver: Our failure to enforce any provision of these Terms at any time does not constitute a waiver of that provision or of our right to enforce it in the future.
Force majeure: We shall not be liable for any delay or failure to perform obligations arising from circumstances beyond our reasonable control, including natural disasters, acts of government, or widespread disruption to essential services.
Relationship of parties: Nothing in these Terms creates a partnership, joint venture, employment, or agency relationship between you and Bumi Advisors.
13. Contact
If you have any questions about these Terms or wish to discuss a specific provision, please contact us:
Bumi Advisors
Email: [email protected]
Telephone: +60 88-247 6138
Address: 5 Jalan Gaya, 88000 Kota Kinabalu, Sabah, Malaysia