Terms & Conditions

1. Definitions

In these Terms & Conditions, the following terms have the meanings set out below:

• "Agreement" means these Terms & Conditions together with any Engagement Letter.
• "Engagement" means a consulting arrangement confirmed between the firm and a Client, as described in an Engagement Letter.
• "Engagement Letter" means the written letter exchanged between the firm and a Client confirming the scope, fee, and terms of a specific Engagement.
• "Client" or "You" means any individual or entity that engages the firm's services or uses this website.
• "We", "Us", "Our", "the firm" means Khunacad, Suite 9-3, Menara See Hoy Chan, Jalan Raja Chulan, 50200 Kuala Lumpur, Malaysia.
• "Website" means the website operated by the firm at the domain associated with this page.

2. Acceptance of Terms

By using our Website or submitting an enquiry, you confirm that you have read, understood, and agree to be bound by these Terms & Conditions. If you do not agree, you should not use this Website or engage our services.

These Terms apply to all visitors to the Website. For Clients entering into an Engagement, the relevant Engagement Letter supplements these Terms. In the event of conflict between these Terms and an Engagement Letter, the Engagement Letter prevails.

Our services are available to persons aged 18 and above. By submitting an enquiry, you confirm you are at least 18 years of age and have the legal capacity to enter into a binding agreement.

3. Service Description

The firm provides written consulting engagements for senior leaders, owners, and stewards of enterprises. The three current engagement forms are described on the firm's Solutions page and in individual Engagement Letters:

• Marginal Reading — a three-week written reading engagement
• Year of Notes — a twelve-month retained correspondence arrangement
• Stewardship Engagement — an extended, open-ended stewardship correspondence

The firm reserves the right to decline any enquiry or engagement at its sole discretion. Services are available primarily to clients based in Malaysia, though clients in other jurisdictions may be accepted.

4. User Responsibilities

When using this Website or corresponding with the firm, you agree to:

• Provide accurate and complete information in all enquiries and correspondence
• Not use the Website or your correspondence with the firm for any unlawful purpose
• Not submit materials that infringe the intellectual property rights of any third party
• Not attempt to gain unauthorised access to any part of the Website or the firm's systems
• Not use the Website in a manner that could damage, disable, or impair its performance

5. Intellectual Property

All content on this Website — including text, design, layout, and organisation — is the intellectual property of Khunacad and is protected under Malaysian copyright law and applicable international conventions.

You may view, print, and download content from the Website for your personal, non-commercial use only. You may not reproduce, redistribute, republish, or create derivative works from Website content without our prior written consent.

Client materials

Materials submitted by a Client to the firm remain the Client's intellectual property. The firm's written annotations and correspondence are the firm's intellectual property but are provided to the Client for their personal use in connection with the Engagement. Neither party may reproduce or publish the other's materials without consent.

6. Payment Terms

Engagement fees are stated in Malaysian Ringgit (RM) in the Engagement Letter. Current fees are:

• Marginal Reading: RM 920
• Year of Notes: RM 2,540
• Stewardship Engagement: RM 4,260

Unless otherwise agreed in the Engagement Letter, fees are payable in full at the commencement of the Engagement. Payment must be received before the firm begins the work. Fees are not subject to variation during the Engagement period.

Refund policy

Where an Engagement has not yet commenced, fees paid will be refunded in full upon written notice of cancellation. Where an Engagement has commenced, fees paid for work completed are non-refundable. Fees for the uncompleted portion of the Engagement will be refunded on a pro-rata basis, calculated by reference to the agreed Engagement scope as described in the Engagement Letter.

7. Engagement-Specific Terms

Scope and changes

The scope of each Engagement is set out in the Engagement Letter. Changes to scope require written agreement from both parties. The firm may decline a requested scope change if it falls outside the form of the Engagement agreed.

Confidentiality

Both parties agree to maintain the confidentiality of all materials, correspondence, and information exchanged during an Engagement. Neither party will disclose the existence, content, or details of the Engagement to third parties without the other party's written consent, except as required by law.

Response times

The firm commits to responding to correspondence within two working days during office hours (Monday to Friday, 9:00 am to 5:30 pm Kuala Lumpur time). This commitment applies during any active Engagement. The firm will notify the Client in advance of any period of extended unavailability.

8. Disclaimers

The firm's services involve careful reading, written observation, and correspondence. They do not constitute legal advice, financial advice, medical advice, or any other form of regulated professional advice. Clients should consult appropriately qualified professionals for regulated advice.

The firm does not represent that its services will produce any specific outcome. The value of the engagement depends substantially on the quality and candour of the materials the Client submits and the use the Client makes of the firm's observations.

The Website and its content are provided on an "as is" basis. We make no warranties as to the accuracy, completeness, or fitness for purpose of Website content.

9. Limitation of Liability

To the fullest extent permitted by Malaysian law, the firm's total liability to any Client arising from or in connection with an Engagement shall not exceed the fees paid by that Client for the relevant Engagement.

The firm shall not be liable for any indirect, consequential, or economic loss, loss of profits, loss of business, or any other special or indirect damages arising from the use of our services or Website, even if advised of the possibility of such damages.

Force majeure

Neither party shall be liable for delay or failure to perform obligations due to circumstances beyond their reasonable control, including acts of God, government actions, or communications failures. The affected party shall notify the other promptly and resume performance as soon as practicable.

10. Indemnification

You agree to indemnify and hold harmless Khunacad, its partners, and associates from and against any claims, losses, damages, costs, and expenses (including legal fees) arising from: (a) your use of the Website in violation of these Terms; (b) materials you submit to the firm that infringe a third party's intellectual property rights; or (c) your breach of any applicable law.

11. Termination

Either party may terminate an Engagement by giving written notice to the other party. Upon termination:

• Fees for work completed prior to termination are payable and non-refundable
• Fees for the uncompleted portion are refundable on a pro-rata basis as described in Section 6
• The confidentiality obligations in Section 7 survive termination indefinitely
• The firm will return or destroy the Client's submitted materials upon request

The firm may terminate an Engagement immediately and without refund if the Client materially breaches these Terms or the Engagement Letter.

12. Dispute Resolution

Informal resolution

In the event of any dispute arising from or in connection with these Terms or an Engagement, the parties agree to first attempt to resolve the matter through good-faith discussion. Either party may initiate this process by written notice to the other. The parties will engage in discussions for a period of 30 days before pursuing other remedies.

Governing law and jurisdiction

These Terms and any Engagement are governed by the laws of Malaysia. Any dispute that cannot be resolved informally shall be subject to the exclusive jurisdiction of the courts of Kuala Lumpur, Malaysia.

13. General Provisions

• Entire agreement: These Terms, together with any applicable Engagement Letter, constitute the entire agreement between the parties and supersede all prior representations or arrangements.
• Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions remain in full force.
• Waiver: Failure to enforce any provision of these Terms does not constitute a waiver of the right to enforce it in the future.
• Assignment: You may not assign your rights or obligations under these Terms without the firm's prior written consent. The firm may assign its obligations to a successor entity.
• Notices: Notices under these Terms shall be in writing and delivered by email or post to the addresses provided in the Engagement Letter or on this page.

14. Changes to These Terms

We may update these Terms from time to time. Changes will be indicated by the revised "Last Updated" date at the top of this page. For active Engagements, any material change to these Terms will be communicated to the Client by written notice at least 30 days before taking effect. Continued use of the Website after changes take effect constitutes acceptance of the revised Terms.

15. Contact

For any legal enquiries related to these Terms: