Terms & Conditions

1. Definitions

In these Terms and Conditions, the following words carry the meanings set out below unless the context requires otherwise:

• "Agreement" means these Terms and Conditions together with any engagement letter or service proposal signed between you and Nusa Minda.
• "Nusa Minda" / "we" / "us" / "our" refers to Nusa Minda, a business consulting practice operating from 11 Jalan Tun Razak, 50400 Kuala Lumpur, Malaysia.
• "Client" / "you" / "your" refers to the individual or organisation that engages our services or uses this website.
• "Services" refers to the consulting tracks and advisory services described on our website and in any engagement letter.
• "Website" refers to the website operated by Nusa Minda at nusa-minda.info.
• "Deliverables" refers to written reports, action plans, frameworks, templates, and other outputs specified in an engagement letter.
• "Confidential Information" means any non-public information shared by either party in the course of an engagement.

2. Acceptance of Terms

By using this website or engaging our services, you confirm that:

• You are at least 18 years of age, or are authorised to act on behalf of a business entity;
• You have the authority to enter into this Agreement on your own behalf or on behalf of the organisation you represent;
• You have read, understood, and agree to be bound by these Terms.

If you do not agree to these Terms, please do not use this website or engage our services.

3. Service Description

Nusa Minda provides structured business consulting services to small and medium enterprises in Malaysia. Our current consulting tracks are:

• Business Health Check — a 2 to 3 week assessment of business performance across financial, team, customer, and market dimensions;
• Talent Strategy Advisory — a 6-week workforce engagement covering skills gaps, retention frameworks, and strategic hiring guidance;
• Sustainability Integration Programme — a 4-month advisory embedding sustainability practices into operations, aligned with Bursa Malaysia and GRI reporting standards.

Services are available to businesses operating in Malaysia. Geographic availability outside Malaysia is at our discretion. Service scope, timeline, and fees for each engagement are confirmed in a written engagement letter prior to commencement.

4. User Obligations

4.1 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 their use of the website. Prohibited activities include:

• Attempting to gain unauthorised access to any part of the website or its underlying systems;
• Transmitting harmful, offensive, or fraudulent content through any website form or communication;
• Using automated tools to scrape, copy, or extract data from the website without our written permission;
• Impersonating any person or organisation in communications with us.

4.2 Engagement Cooperation

During a consulting engagement, you agree to:

• Provide accurate and complete information reasonably required for us to deliver the services;
• Make appropriate personnel available for interviews, workshops, and review sessions as agreed;
• Respond to requests for feedback or clarification within reasonable timeframes;
• Not knowingly provide information that is misleading, legally privileged, or that you are not authorised to share.

Delays or limitations caused by your failure to cooperate as described above may affect the timeline or scope of deliverables. We will communicate any such impact in writing promptly.

5. Intellectual Property

5.1 Our Materials

All content on this website — including text, graphics, frameworks, methodologies, and brand elements — is the property of Nusa Minda or its licensors and is protected by applicable Malaysian intellectual property law. You may not reproduce, distribute, or create derivative works from any website content without our prior written consent.

5.2 Engagement Deliverables

Deliverables produced under a consulting engagement are provided to you under a non-exclusive licence for your internal business use. Ownership of the underlying frameworks and methodologies used to produce deliverables remains with Nusa Minda. You may not resell, sub-license, or publish deliverables as your own work without our written agreement.

5.3 Client Materials

You retain ownership of all data, documents, and materials you provide to us. You grant us a limited licence to use that material solely for the purpose of delivering the agreed services.

6. Payment Terms

Fees for consulting services are stated in Malaysian Ringgit (RM) and are confirmed in the engagement letter. Unless otherwise agreed in writing:

• A deposit of 50% of the total fee is due before work commences;
• The remaining balance is due within 14 days of delivery of the final deliverable;
• Payment is accepted by bank transfer to the account details provided in the engagement letter;
• Invoices not settled by the due date may attract a late payment charge of 1.5% per month on the outstanding amount.

Refunds

The deposit is non-refundable once work has commenced. If we are unable to proceed through circumstances on our side, the deposit will be returned in full. If you wish to cancel an engagement after commencement, fees corresponding to work completed up to the point of cancellation remain payable.

7. Confidentiality

Both parties agree to keep Confidential Information disclosed during the engagement strictly confidential and not to disclose it to any third party without the other party's prior written consent, except where disclosure is required by law or by a regulatory authority.

This obligation of confidentiality survives the completion or termination of the engagement for a period of three years. It does not apply to information that was already publicly available through no fault of the receiving party, or that was independently developed without reference to the disclosed information.

8. Disclaimers

Our consulting services are provided in good faith based on the information made available to us and our professional judgement at the time of the engagement. However:

• We do not warrant that recommendations will produce any specific business outcome;
• We are not a licensed financial, legal, or medical advisory firm. Our services do not constitute financial advice, legal counsel, or regulatory compliance certification;
• Outcomes depend significantly on how recommendations are implemented by your organisation;
• The website is provided "as is" and we do not warrant that it will be error-free, uninterrupted, or free from viruses at all times.

9. Limitation of Liability

To the fullest extent permitted by Malaysian law, Nusa Minda's total liability to you in connection with any consulting engagement — whether in contract, tort, or otherwise — shall not exceed the total fees paid by you for the relevant engagement.

We shall not be liable for any indirect, consequential, special, or incidental losses, including loss of profits, loss of business, loss of data, or damage to reputation, even if we have been advised of the possibility of such losses.

Nothing in these Terms excludes or limits our liability for fraud, death, or personal injury caused by our negligence, to the extent such exclusions are not permitted under Malaysian law.

10. Indemnification

You agree to indemnify, defend, and hold harmless Nusa Minda and its consultants from any claims, losses, damages, costs, and expenses — including reasonable legal fees — arising from your breach of these Terms, your misuse of our website, or any false or misleading information you provide to us in the course of an engagement.

11. Termination

By the Client

You may terminate a consulting engagement by giving us 14 days written notice. Fees for work completed up to the effective termination date remain payable. The deposit is non-refundable once work has commenced.

By Nusa Minda

We may suspend or terminate an engagement if you breach a material term of this Agreement and fail to remedy that breach within 10 business days of written notice. We may also terminate if continuation becomes impractical due to circumstances beyond our reasonable control.

Effect of Termination

On termination, we will deliver any work completed up to the termination date. Provisions relating to confidentiality, intellectual property, payment of outstanding fees, and limitation of liability survive termination.

12. Dispute Resolution

Governing Law

These Terms are governed by and construed in accordance with the laws of Malaysia.

Informal Resolution

If a dispute arises, we ask that you contact us at [email protected] in the first instance. We will make reasonable efforts to resolve disputes through good-faith discussion within 21 days of receiving written notice of a dispute.

Jurisdiction

If informal resolution fails, both parties submit to the non-exclusive jurisdiction of the courts of Malaysia, with Kuala Lumpur courts having primary jurisdiction.

13. General Provisions

• Entire Agreement: These Terms, together with any signed engagement letter, constitute the entire agreement between us regarding the subject matter and supersede all prior discussions or arrangements.
• Severability: If any provision of these Terms is found invalid or unenforceable, the remaining provisions continue in full force.
• Waiver: Failure by either party to enforce any provision does not constitute a waiver of the right to enforce it later.
• Assignment: You may not assign your rights or obligations under this Agreement without our written consent. We may assign our obligations to a successor business entity on notice to you.
• Notices: Formal notices should be sent by email to [email protected] or by post to our registered address.

14. Changes to Terms

We may update these Terms from time to time. When we do, we will update the "Last Updated" date above. For material changes affecting ongoing engagements, we will provide at least 14 days notice by email where we have a current address on record. Continued use of this website or our services after the effective date of any change constitutes acceptance of the revised Terms.

15. Contact

For any queries about these Terms, please contact: