Terms & Conditions

1. Definitions

Throughout these terms, the following words carry the meanings set out below:

• "Agreement" means these Terms & Conditions together with any written service proposal or engagement letter.
• "Client" / "You" means any individual or business that engages Gemilang for services or uses this website.
• "Gemilang" / "We" / "Us" means Gemilang, registered in Terengganu, Malaysia, with its principal place of business at No. 9, Jalan Sultan Ismail, 20200 Kuala Terengganu.
• "Services" means the AI integration consulting services described on this website and in any agreed proposal.
• "Website" means the website operated by Gemilang at {{DOMAIN}}.
• "Content" means all text, images, materials, and information published on the Website.
• "Deliverables" means any written summaries, reference notes, or configuration outputs produced specifically for the Client as part of the Services.

2. Acceptance of Terms

By using this Website or engaging Gemilang for Services, you confirm that:

• You are at least 18 years old and have the legal capacity to enter into this Agreement.
• Where you act on behalf of a business, you have authority to bind that business to these terms.
• You have read and understood these terms and accept them in full.

If you do not accept any part of these terms, please do not use the Website or engage our Services.

3. Service Description

Gemilang offers three consulting services for small businesses in Malaysia:

• Starting Point Review (RM 670): A one-off assessment of current workflows with a written summary of options suited to the business. No further obligation arises from this service.
• Workflow Integration Support (RM 1,340): A one-off hands-on engagement over approximately one month to set up a chosen tool with the client's team.
• Comprehensive Support Journey (RM 2,280/month): An ongoing monthly advisory arrangement. The scope is agreed in writing and may be paused or scaled back at any time by the Client with 14 days' written notice.

The specific scope of each engagement is confirmed in a written proposal. Services are delivered primarily to businesses located in Malaysia. We may, at our discretion, work with clients elsewhere on a case-by-case basis.

4. Client Responsibilities

To allow the Services to proceed smoothly, the Client agrees to:

• Provide accurate information about their business, workflows, and staff when reasonably requested.
• Make relevant staff available for agreed sessions in a timely manner.
• Notify Gemilang promptly if circumstances change in a way that affects the engagement.
• Use all Deliverables and recommendations for lawful business purposes only.
• Not share Deliverables or proprietary materials produced for them with third parties without written consent.
• Settle invoices by the due date stated on each invoice.

The Client is solely responsible for decisions made on the basis of our recommendations. Gemilang provides guidance and information; final operational decisions rest with the Client.

5. Payment Terms

• Currency: All fees are quoted and invoiced in Malaysian Ringgit (RM).
• One-off services: A 50% deposit is due upon confirmation of engagement. The remaining balance is due within 14 days of completion.
• Monthly services: Invoices are issued at the start of each calendar month and are due within 14 days of issue.
• Late payment: We reserve the right to pause delivery of ongoing services if an invoice remains unpaid after its due date, without prejudice to other remedies.
• Cancellation of one-off services: The deposit is non-refundable once preparatory work has begun. If Gemilang is unable to proceed, a full refund will be issued.
• Cancellation of monthly services: Either party may terminate the monthly arrangement with 14 days' written notice. Fees for work completed up to the cancellation date remain payable.

6. Intellectual Property

All content on this Website — including text, graphics, and the Gemilang name — is owned by or licensed to Gemilang. You may not copy, reproduce, or redistribute any Website content without our written permission.

Deliverables produced specifically for a Client (such as written summaries and reference notes) are licensed to that Client for their internal business use. Gemilang retains ownership of its underlying methodologies, frameworks, and general-purpose materials.

The Client retains full ownership of all business data, workflows, and information they share with Gemilang. We use this information solely to deliver the agreed Services.

7. Confidentiality

Both parties agree to hold in confidence all non-public information shared during the engagement. Gemilang will not disclose client business information to third parties except:

• With the Client's written consent.
• Where required by Malaysian law or a competent authority.
• To service providers bound by equivalent confidentiality obligations where necessary for delivery.

This obligation survives the end of the engagement for a period of three years.

8. Disclaimers

• Our Services are provided on a best-efforts basis. We make no warranty that any particular outcome will follow from their use.
• The Website and its content are provided "as is". We do not warrant that the Website will be error-free or continuously available.
• Recommendations made by Gemilang reflect our professional judgement at the time and based on the information available. They do not constitute legal, financial, or regulatory advice.
• The performance of third-party tools we suggest is subject to those tools' own terms and is outside our control.

9. Limitation of Liability

To the fullest extent permitted by Malaysian law:

• Gemilang's total liability for any claim arising from the Services or these terms is limited to the total fees paid by the Client for the specific engagement giving rise to the claim.
• Gemilang is not liable for indirect, consequential, or incidental loss including loss of revenue, loss of data, or loss of business opportunity.
• Nothing in these terms limits liability for death or personal injury caused by negligence, or for fraud.
• Neither party is liable for delays or failures caused by circumstances outside their reasonable control (force majeure).

10. Termination

Either party may end an ongoing engagement by giving 14 days' written notice. Gemilang may terminate with immediate effect if:

• The Client fails to settle an invoice within 30 days of the due date.
• The Client acts in a way that is unlawful or that places Gemilang or its staff at risk.

Upon termination, fees for work completed up to the termination date remain payable. Confidentiality and intellectual property provisions survive termination.

11. Dispute Resolution

These terms are governed by the laws of Malaysia. In the event of a dispute, the parties agree to first attempt resolution through direct discussion. If a resolution is not reached within 30 days, the matter may be referred to mediation through the Malaysian Mediation Centre before either party commences formal proceedings.

If court proceedings are necessary, they shall be brought in the courts of Malaysia, and both parties submit to their jurisdiction.

12. General Provisions

• Entire agreement: These terms and any written proposal form the entire agreement between the parties and supersede prior discussions on the same subject.
• Severability: If any provision is found unenforceable, the remaining provisions continue in full effect.
• Waiver: Failure to enforce any provision does not constitute a waiver of it.
• Assignment: The Client may not assign rights under these terms without our prior written consent. Gemilang may assign its rights to a successor business.
• Notices: Formal notices should be sent by email to legal@{{DOMAIN}} or by post to the address below. Notices sent by email are deemed received on the next business day.

13. Changes to These Terms

We may update these terms from time to time. Any material changes will be noted at the top of this page with a revised date. For active ongoing engagements, we will notify clients of material changes by email. Continued use of the Website or Services after the effective date of any change constitutes acceptance of the updated terms.