Legal
Terms & Conditions
Last Updated: 5 May 2025 | Effective Date: 5 May 2025
Please read these Terms and Conditions carefully before using the website at caltropa.sbs or engaging Caltrop Advisory for any consulting service. By accessing this site or entering into a service agreement with us, you accept the terms set out below.
1. Definitions
The following terms carry the meanings given to them throughout this document:
- "Agreement" means these Terms and Conditions together with any written service proposal or engagement letter agreed between the parties.
- "Service" means any consulting, advisory, or facilitation engagement delivered by Caltrop Advisory, including the Operations Diagnostic Sprint, Quarterly Operating Review Companion, and Documentation and Playbook Foundations.
- "Client" or "You" means the individual or legal entity that accesses this website or engages Caltrop Advisory under a service agreement.
- "We", "Us", "Our" refers to Caltrop Advisory, operating from Suite 12-03, Menara Hap Seng, 1 Jalan P. Ramlee, 50250 Kuala Lumpur, Malaysia.
- "Content" means all text, documents, reports, playbooks, templates, and other materials produced or shared in connection with a Service.
- "Website" means the site accessible at caltropa.sbs.
2. Acceptance of Terms
By using this Website or engaging our Services, you confirm that:
- You are at least 18 years of age.
- You have the legal capacity and authority to enter into a binding agreement, whether on your own behalf or on behalf of the organisation you represent.
- You have read, understood, and agree to be bound by these Terms and Conditions.
If you are entering into this Agreement on behalf of a company or other legal entity, you represent that you have the authority to bind that entity. If you do not have such authority, or do not agree to these terms, please do not use this Website or engage our Services.
3. Service Description
Caltrop Advisory provides operational consulting and business advisory services to small and mid-sized businesses operating primarily in Malaysia. Our engagements are structured around process review, documentation, and operating conversation facilitation. We do not provide legal advice, financial-advisory services, regulated medical services, or any other service that requires a specific professional licence.
Services are delivered in English. While our principal office is in Kuala Lumpur, some engagements may be conducted remotely. Availability is subject to scheduling capacity and geographic suitability, which we discuss with prospective clients before any engagement begins.
4. User Responsibilities
When using this Website or engaging our Services, you agree to:
- Provide accurate and complete information when submitting enquiries or entering into engagement.
- Use the Website and any deliverables only for lawful purposes and in a manner consistent with these Terms.
- Refrain from reproducing, distributing, or publicly sharing deliverables produced under an engagement without our prior written consent, except for internal operational use within your own organisation.
- Not attempt to access any part of our systems or infrastructure beyond normal Website use.
- Not submit content through this Website that is defamatory, misleading, or otherwise harmful.
5. Intellectual Property
All original materials produced by Caltrop Advisory — including methodologies, frameworks, report templates, and written deliverables — remain the intellectual property of Caltrop Advisory unless otherwise agreed in writing.
Upon full payment of agreed fees, you are granted a non-exclusive, non-transferable licence to use deliverables produced specifically for your organisation for your own internal operational purposes. This licence does not permit you to resell, sublicence, or publicly publish such materials without written agreement.
Content on this Website — including copy, design, and structure — may not be reproduced or adapted without our prior written permission.
6. Payment Terms
All fees are quoted and invoiced in Malaysian Ringgit (RM). The pricing for our current service offerings is as follows:
- Operations Diagnostic Sprint: RM 2,890 per engagement
- Quarterly Operating Review Companion: RM 1,650 per quarter
- Documentation and Playbook Foundations: RM 580 per agreed scope
Payment terms are set out in each engagement proposal or invoice. Standard terms require payment within 14 days of invoice date unless otherwise agreed. We accept payment by bank transfer to our designated account.
If an engagement is cancelled by the Client after work has begun, fees for completed work up to the date of cancellation remain payable. Deposits, where collected, are non-refundable once the engagement has commenced. We will discuss any fee adjustments arising from scope changes in writing before proceeding.
7. Service-Specific Terms
Operations Diagnostic Sprint: The engagement includes stakeholder interviews with up to ten individuals, process observation, written report, and one half-day debrief workshop. Scope is fixed as described; additional requests outside this scope will be quoted separately.
Quarterly Operating Review Companion: This is a subscription-style engagement billed per quarter. Either party may discontinue the arrangement at the end of any quarter with written notice. The two consulting hours per month are available for brief questions and document review and do not carry over if unused in a given month.
Documentation and Playbook Foundations: Scope is agreed in writing before the engagement begins and covers a defined number of playbooks. A short internal training session is included. Changes to the agreed scope after commencement may affect the timeline and fee, which will be discussed with you before proceeding.
8. Disclaimers
Our Services are provided on the basis of general operational consulting and process advisory. We do not provide legal, financial, medical, or other regulated professional advice. Any information we share during an engagement is intended to support your own decision-making process and should not be treated as a substitute for specialist professional guidance where that is appropriate.
We make no representation that the outcomes of any engagement will meet any particular commercial target or business result. The usefulness of our work depends on the quality of information and access provided by the Client.
This Website is provided for informational purposes. While we take reasonable care to keep content accurate, we make no representation that all information is current or complete at any given time.
9. Limitation of Liability
To the extent permitted by Malaysian law, Caltrop Advisory's total liability to you in connection with any Service or use of this Website — whether in contract, tort, or otherwise — shall not exceed the total fees paid by you for the specific engagement giving rise to the claim.
We shall not be liable for any indirect, consequential, incidental, or special loss, including loss of business opportunity, loss of revenue, or reputational harm, arising from or connected with the delivery of our Services or the use of this Website, even if we have been advised of the possibility of such loss.
Nothing in these Terms limits liability for fraud, wilful misconduct, or death or personal injury caused by our negligence.
10. Indemnification
You agree to indemnify and hold Caltrop Advisory, its principals, and any associated persons harmless from any claims, losses, or expenses — including reasonable legal costs — arising from your use of this Website in breach of these Terms, or from any misrepresentation made by you in connection with an engagement.
11. Confidentiality
Both parties agree to treat as confidential any non-public business information disclosed in the course of an engagement. We will not disclose information about your organisation's operations, finances, or personnel to third parties without your consent, except as required by law or with your written approval.
This obligation survives termination of the engagement for a period of two years unless otherwise agreed in writing.
12. Termination
Either party may end an engagement by giving written notice if the other party materially breaches these Terms and fails to remedy the breach within 14 days of receiving written notice of it.
We reserve the right to cease providing Services if invoices remain unpaid beyond 30 days of the due date, or if the working relationship becomes untenable through conduct that makes continued collaboration impractical.
Upon termination, you remain obliged to pay for all work completed up to the termination date. Provisions relating to intellectual property, confidentiality, limitation of liability, and dispute resolution survive the end of any engagement.
13. Dispute Resolution
These Terms are governed by and construed in accordance with the laws of Malaysia. Any dispute arising from or related to these Terms or any engagement shall first be referred to informal resolution between the parties, who agree to act in good faith to reach a reasonable outcome within 30 days of written notice of the dispute.
If informal resolution does not produce agreement, either party may refer the matter to mediation under the rules of the Malaysian Mediation Centre before initiating formal proceedings. Legal proceedings, where necessary, shall be brought in the courts of Malaysia.
14. General Provisions
Entire Agreement: These Terms, together with any written engagement proposal, constitute the full agreement between the parties regarding the subject matter and supersede prior discussions or representations.
Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions continue in full force.
Waiver: Our failure to enforce any provision at any time does not constitute a waiver of our right to enforce it in the future.
Assignment: You may not assign your rights or obligations under these Terms without our written consent. We may engage sub-contractors to assist with delivery, while remaining responsible for the overall quality of work.
Notices: Formal notices under these Terms should be sent in writing to the address or email listed in Section 16.
15. Changes to Terms
We may update these Terms from time to time to reflect changes in our Services or applicable law. When we do, we will update the "Last Updated" date at the top of this page. Continued use of this Website or ongoing engagement with our Services after any update constitutes acceptance of the revised Terms.
Where a change is material, we will take reasonable steps to notify active clients directly.
16. Contact Information
For questions or correspondence relating to these Terms, please contact us:
- Email: [email protected]
- Phone: +60 3-2847 9163
- Address: Caltrop Advisory, Suite 12-03, Menara Hap Seng, 1 Jalan P. Ramlee, 50250 Kuala Lumpur, Malaysia