Terms & Conditions
Last updated: 18 March 2025 | Bijaksana Partners Sdn Bhd
These terms govern your use of our website and the basis on which we provide legal services. We have written them plainly so they are straightforward to read. If you are considering engaging us for corporate legal work, the sections on engagement terms, fees, and client obligations are particularly relevant.
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1. Definitions
In these Terms and Conditions, the following expressions have the meanings given:
2. Scope of Application
These Terms apply to:
- All use of this Website, whether for information only or in connection with an enquiry;
- All Services provided by the Firm, supplemented and where relevant superseded by the terms of an applicable Engagement Letter.
Where there is a conflict between these Terms and a signed Engagement Letter, the Engagement Letter shall prevail to the extent of the conflict.
3. Website Use
You may use this Website for lawful purposes and in a manner consistent with these Terms. You agree not to:
- Use the Website in any way that is unlawful, fraudulent, or harmful;
- Attempt to gain unauthorised access to any part of the Website or its underlying systems;
- Transmit unsolicited commercial communications or automated queries;
- Copy, reproduce, or republish material from this Website without the Firm's prior written consent.
The Firm reserves the right to restrict or suspend access to the Website without notice.
4. No Lawyer–Client Relationship
Important notice regarding the status of information on this Website.
The content published on this Website is for general information only. It does not constitute legal advice, and reading or relying on it does not create a lawyer–client relationship between you and the Firm.
A lawyer–client relationship arises only when the Firm has confirmed its agreement to act for you in writing through a signed Engagement Letter, and any required due diligence and conflict checks have been completed satisfactorily.
If you have a specific legal matter, we encourage you to contact us directly so that we can understand your situation and advise you properly.
5. Engagement Terms
The terms on which the Firm accepts and carries out legal engagements are as follows:
5.1 Commencement
An engagement commences when the Client and the Firm have both signed an Engagement Letter and the Firm has confirmed it has completed satisfactory client due diligence. Work will not begin before this point.
5.2 Scope
The Engagement Letter sets out the scope of work. Any material addition to or change in scope will be agreed in writing before additional work is undertaken. The Firm does not accept responsibility for matters falling outside the agreed scope.
5.3 Personnel
The Firm will assign qualified personnel to each matter. The Firm reserves the right to change the personnel working on a matter, provided continuity of quality is maintained and the Client is informed of any significant changes.
5.4 Timelines
The Firm will provide estimated timelines where possible. Timelines for regulatory filings are subject to the processing times of SSM, Bank Negara, and other bodies and are not within the Firm's control. The Firm will communicate delays promptly.
5.5 Reliance on Instructions
The Firm's advice is based on facts and documents provided by the Client. The accuracy and completeness of information provided by the Client is the Client's responsibility. The Firm will not be liable for advice given in reliance on incorrect or incomplete information.
6. Fees & Payment
6.1 Fee Basis
Fees for each engagement are set out in the applicable Engagement Letter. Published prices on this Website represent the starting fee for the described scope and are inclusive of the Firm's professional time. Disbursements (SSM filing fees, government fees, stamp duty, and similar third-party costs) are charged separately at cost unless otherwise stated.
6.2 Invoicing
Invoices are issued in Malaysian Ringgit (RM). The Firm typically issues invoices at the commencement of an engagement and upon completion, or as milestones are met, as set out in the Engagement Letter. Payment is due within 14 days of the invoice date unless otherwise agreed.
6.3 Late Payment
Where an invoice remains unpaid after the due date, the Firm reserves the right to suspend work on the matter until the account is brought current. The Firm may also apply interest on overdue amounts at a rate of 1.5% per month or the maximum rate permitted by law, whichever is lower.
6.4 Taxes
All fees are subject to applicable Malaysian taxes (including Service Tax where applicable) at the prevailing rate. Tax amounts will be shown separately on invoices where required by law.
6.5 Fee Changes
If the scope of work changes materially from that agreed at the outset, the Firm will notify the Client and agree a revised fee before continuing. The Firm will not apply additional charges without advance written notice.
7. Client Obligations
To enable the Firm to provide its services effectively, the Client agrees to:
- Provide accurate, complete, and timely information and documentation as requested;
- Inform the Firm promptly of any changes in circumstances that may affect the engagement;
- Make payments in accordance with agreed terms;
- Respond to queries within reasonable timeframes to avoid delays in regulatory filings;
- Not instruct the Firm to do anything that would be unlawful or contrary to applicable professional obligations;
- Maintain the confidentiality of advice received where requested by the Firm.
8. Intellectual Property
All content on this Website — including text, structure, design, and written materials — is the intellectual property of Bijaksana Partners unless otherwise stated. You may not copy, reproduce, republish, or distribute any part of this Website without prior written consent.
Work product produced by the Firm for a Client under an engagement — including drafted agreements, constitutions, resolutions, and written advice — is provided for the Client's use in the context of that engagement. The Firm retains underlying intellectual property in its standard templates, methodologies, and precedents unless otherwise agreed in writing.
9. Limitation of Liability
This section limits the Firm's liability in certain circumstances. Please read it carefully.
9.1 General Limitation
The Firm's total aggregate liability to a Client in connection with any engagement — whether arising in contract, tort, or otherwise — shall not exceed the total fees paid by the Client to the Firm under that engagement, unless a higher limit is expressly agreed in the Engagement Letter.
9.2 Exclusions
The Firm shall not be liable for: loss of profit, loss of revenue, loss of business opportunity, or any indirect or consequential loss, even if the Firm was aware of the possibility of such loss. These exclusions apply to the maximum extent permitted by Malaysian law.
9.3 Website Information
The Firm makes reasonable efforts to keep Website content accurate and current, but provides no warranty as to completeness, accuracy, or fitness for any purpose. The Firm accepts no liability for decisions made in reliance on Website content alone.
9.4 Third Parties
The Firm is not responsible for the acts, omissions, or advice of third-party professionals (accountants, tax advisers, company secretaries) to whom a matter is referred or who work alongside the Firm, unless those professionals are expressly engaged as subcontractors under a written agreement with the Firm.
9.5 Regulatory Decisions
The Firm cannot accept liability for decisions made by SSM, Bank Negara, the Inland Revenue Board, or any other regulatory authority, or for delays attributable to those bodies, even where the Firm has submitted materials on the Client's behalf.
10. Confidentiality
The Firm treats all client information as confidential. We will not disclose information about your matter to any third party without your consent, except:
- Where required by law, court order, or professional regulatory obligation;
- Where disclosure is necessary to provide the agreed Services, including to co-advisers authorised by you;
- Where the information is already publicly available through no breach by the Firm;
- Where required by our obligations under AMLA 2001 (see Section 11).
Confidentiality obligations survive termination of the engagement and continue indefinitely, subject to applicable legal obligations.
11. Anti-Money Laundering Obligations
Ref: Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001 (AMLA 2001)
As a legal practice in Malaysia, Bijaksana Partners is subject to obligations under AMLA 2001 and related subsidiary legislation. These include client due diligence, beneficial ownership verification, and the reporting of suspicious transactions where legally required.
Before commencing an engagement, we are required to:
- Verify the identity of clients and, where applicable, their beneficial owners;
- Obtain information about the nature and purpose of the engagement;
- Conduct ongoing monitoring of the client relationship where required.
We are unable to commence work until these checks are complete. In circumstances where we are required by law to file a report or take other action, we may be legally prohibited from informing the Client. This obligation takes precedence over our duty of confidentiality in those limited circumstances.
12. Third-Party Links
This Website may contain links to external websites, including SSM, Bank Negara, and other official bodies. These links are provided for convenience only. The Firm does not endorse and has no control over the content of third-party websites. Visiting a linked website is at your own discretion and subject to that website's own terms.
13. Termination
13.1 By the Client
A Client may end an engagement by written notice to the Firm at any time. Fees for work completed up to the date of termination, and any disbursements incurred, are payable in full. Where the Firm has already filed documents on your behalf with a regulatory authority, those filings cannot be recalled.
13.2 By the Firm
The Firm may cease acting for a Client with reasonable written notice in circumstances including: material breach of these Terms or the Engagement Letter; failure to pay fees; provision of misleading information; instructions that would require the Firm to act unlawfully or in breach of professional obligations; or breakdown of the working relationship. The Firm will take reasonable steps to minimise prejudice to the Client in such circumstances.
13.3 File Retention
On conclusion or termination of an engagement, the Firm will retain the matter file for 7 years in accordance with professional requirements, after which it may be destroyed without further notice.
14. Governing Law & Dispute Resolution
These Terms, any Engagement Letter, and any dispute arising in connection with the Firm's services are governed by the laws of Malaysia.
In the event of any dispute, the parties agree to seek resolution through good-faith discussion in the first instance. Where a matter cannot be resolved informally, disputes shall be referred to the courts of Malaysia, which shall have exclusive jurisdiction.
Clients also have the right to raise concerns with the Bar Council Malaysia's complaints mechanism under the Legal Profession Act 1976.
15. Amendments
The Firm may update these Terms from time to time to reflect changes in practice, applicable law, or regulatory requirements. Updated Terms will be published on this page with a revised date. Continued use of this Website or continued engagement with the Firm following an update constitutes acceptance of the amended Terms. Where changes materially affect an ongoing engagement, the Firm will notify the Client directly.
16. Contact
If you have questions about these Terms or wish to raise a concern, please contact us:
Suite 8-12, Wisma Tropicana
88 Jalan PJU 7/3, 47810 Petaling Jaya
Selangor, Malaysia