LEGAL DOCUMENT
Terms & Conditions
Last Updated: 7 April 2025 | Effective Date: 7 April 2025
These Terms and Conditions govern the use of this website and the engagement of services provided by Amanah Law, a legal practice with principal offices at 62, Lebuh Pantai, 10300 George Town, Penang, Malaysia. By using this website or engaging our services, you agree to be bound by these terms. Please read them carefully before proceeding.
Queries regarding these terms should be directed to [email protected].
1. Definitions
In these Terms and Conditions, the following expressions have the meanings set out below unless the context requires otherwise:
- Agreement means these Terms and Conditions together with any engagement letter, scope confirmation, or service order entered into between us and the Client.
- Amanah Law, we, us, our refers to the legal practice known as Amanah Law, operating from 62, Lebuh Pantai, 10300 George Town, Penang, Malaysia.
- Client, you, your refers to any individual, company, or other legal entity that uses this website or engages our services.
- Deliverable means any document, mark-up, playbook, note, or other written output produced by us in the course of an engagement.
- Engagement means a specific instruction accepted by us and confirmed in writing by scope letter or similar document.
- Fee means the amount payable by the Client for a particular service as confirmed in the scope letter or stated on this website.
- Services means the contract drafting, review, negotiation support, and framework development services described on this website.
- Website means this website at https://amanahla.sbs and all pages within it.
2. Acceptance of Terms
By accessing this website or submitting an enquiry or instruction to us, you confirm that you have read, understood, and agree to be bound by these Terms and Conditions as they stand at the time of your use.
If you are entering into these terms on behalf of a company or other legal entity, you represent that you have authority to bind that entity. If you do not have such authority, you must not proceed.
You must be at least 18 years of age and have legal capacity to enter into binding agreements under Malaysian law. We do not knowingly provide services to persons under 18.
3. Description of Services
Amanah Law offers three principal services for commercial clients in Malaysia:
- Contract Drafting (Single Instrument) — preparation of a single commercial agreement from instructions, including one round of revision and a negotiation note.
- Contract Review & Negotiation Support — written review of a counterparty draft with mark-up and issues classification, and support through the negotiation exchange.
- Framework Agreement & Playbook Development — a structured engagement to produce a framework agreement, associated schedules, and a negotiation playbook with internal team training.
Services are available to clients based in Malaysia and to international clients whose agreements are governed by or have a connection to Malaysian law. We reserve the right to decline any instruction at our absolute discretion without providing a reason.
Nothing on this website constitutes legal advice. Information published here is general in nature and is provided for orientation only. A solicitor-client relationship is established only upon our written acceptance of an engagement.
4. Engagement and Scope
An engagement commences when we issue a written scope confirmation setting out the service to be provided, the deliverables, the fee, and the estimated timeline. No work begins before the scope is confirmed and accepted by the Client.
The scope confirmation defines the limits of each engagement. Work outside that scope is not included and will be subject to a separate or amended agreement.
We will carry out the engagement with reasonable skill and care appropriate to a Malaysian legal practice experienced in commercial contract work. We do not warrant that any particular commercial outcome will result from our engagement.
We are entitled to rely on instructions and information provided by the Client without independent verification. If instructions are incomplete or inaccurate, we accept no responsibility for any resulting deficiency in the deliverables.
5. Fees and Payment
Fees are set out on this website and confirmed in the scope letter for each engagement. All amounts are stated in Malaysian Ringgit (RM) and are inclusive of any applicable taxes unless expressly stated otherwise.
Unless the scope letter states a different arrangement, the following payment terms apply:
- Fifty percent (50%) of the fee is payable upon acceptance of the scope confirmation.
- The remaining fifty percent (50%) is payable upon delivery of the principal deliverable.
- Payment is due within fourteen (14) days of the relevant invoice.
Payment may be made by bank transfer to the account details provided on the invoice. We do not accept cash payments for professional services.
If a Client requests work that falls outside the agreed scope, we will confirm any additional fee in writing before proceeding. Additional fees are payable in full within fourteen (14) days of the relevant invoice.
Late payments accrue interest at the rate of eight percent (8%) per annum calculated on a daily basis from the date the payment falls due until actual payment, without prejudice to any other remedy available to us.
6. Client Obligations
The Client agrees to:
- provide accurate, complete, and timely instructions and background information necessary for us to carry out the engagement;
- respond to requests for clarification or approval within a reasonable period, and in any case within the timeline set out in the scope confirmation;
- use any deliverable only for the purpose for which it was prepared and within the scope of the engagement;
- not represent to any third party that they have our approval of any action, position, or document beyond what is expressly set out in a deliverable;
- maintain the confidentiality of any advice or information provided to them in the course of the engagement; and
- promptly notify us of any change in circumstances that is material to the engagement.
Delay or failure by the Client in performing these obligations may result in delay to the delivery of services, variation to the agreed timeline, or additional fees. We are not liable for any loss arising from such delay where it is attributable to the Client.
7. Intellectual Property
All content on this website — including text, structure, design, and written materials — is owned by or licensed to Amanah Law. You may not reproduce, redistribute, or adapt any part of this website without our prior written consent.
Upon full payment of the agreed fee, ownership of the final deliverable produced for a Client engagement vests in the Client. We retain a right to retain a copy of the deliverable in our records and to use anonymised or generalised knowledge gained from the engagement in subsequent work, subject to our confidentiality obligations.
Intermediate drafts, working notes, negotiation notes, and annotated mark-ups remain our property unless expressly transferred by the scope confirmation or a separate written agreement. The Client receives a licence to use these materials for the purpose of the relevant engagement.
We retain copyright in all general methodologies, frameworks, templates, and clause libraries used or developed by us. Delivery of a bespoke instrument to the Client does not transfer any rights in underlying templates or precedents.
8. Confidentiality
We treat all Client information as confidential. We will not disclose instructions, documents, or engagement details to any third party except in the following circumstances:
- where the Client has consented in writing to disclosure;
- where disclosure is required by Malaysian law, court order, or a regulatory body with authority over our practice;
- where disclosure is necessary for the purpose of completing the engagement (for example, to a specialist reviewer retained with the Client's knowledge); or
- where the information is already in the public domain through no action of ours.
Our confidentiality obligation survives termination of any engagement indefinitely. We do not use client information for any purpose beyond the relevant engagement without the Client's prior written consent.
The Client agrees to maintain the confidentiality of advice and analysis we provide and not to disclose it to third parties in a way that would misrepresent our position or the nature of our engagement.
9. Disclaimers
The information on this website is provided for general orientation only. It does not constitute legal advice and should not be relied upon as such. No solicitor-client relationship is created by your use of this website or by an initial enquiry.
Legal rules, regulations, and judicial interpretations change over time. While we take care to keep website content reasonably current, we do not warrant that information on this website is accurate, complete, or up to date at the time of your reading.
Services are provided on the basis that legal outcomes are uncertain. We do not warrant or represent that any particular result will be achieved by the Client as a consequence of our services. Commercial agreements may be contested, declined by counterparties, or found unenforceable by a court for reasons outside our control.
This website may contain links to third-party websites. We are not responsible for the content or privacy practices of those sites and the inclusion of a link does not imply any endorsement or association.
10. Limitation of Liability
To the fullest extent permitted by Malaysian law, our total liability to any Client in connection with any engagement — whether in contract, tort, or otherwise — is limited to the total fee paid by that Client for the specific engagement giving rise to the claim.
We are not liable in any circumstances for:
- loss of profit, revenue, business, or anticipated savings;
- loss of data or interruption to business operations;
- indirect, consequential, or special damages of any kind; or
- any loss or damage arising from the Client's use of a deliverable beyond the scope and purpose for which it was prepared.
Nothing in these terms limits or excludes liability for fraud, for death or personal injury caused by negligence, or for any matter that cannot be excluded by Malaysian law.
11. Termination
Either party may terminate an engagement by written notice to the other. Termination by the Client does not affect any obligation to pay fees for work completed to the date of termination. We will provide a closing statement within fourteen (14) days of termination showing any balance due or refundable.
We may terminate an engagement immediately and without notice if the Client:
- fails to pay any fee by the due date and does not remedy the failure within seven (7) days of written notice;
- provides materially false or misleading information in connection with the engagement;
- instructs us to act in a manner that we reasonably consider to be unlawful or in breach of professional obligations; or
- acts in a manner that makes continuation of the engagement impracticable.
Upon termination, each party will promptly return or destroy the other's confidential information, save to the extent we are required to retain records under applicable law or professional rules. Our confidentiality obligations continue after termination.
12. Dispute Resolution
In the event of a dispute arising from or in connection with these terms or any engagement, the parties agree to the following resolution process:
- Negotiation: Either party may give written notice of a dispute. The parties will attempt to resolve the matter through good-faith discussion within twenty-one (21) days of the notice.
- Mediation: If the dispute is not resolved through negotiation, either party may refer it to mediation under the Mediation Act 2012 (Malaysia). The mediator will be agreed upon by both parties or, failing agreement, appointed by the Malaysian Mediation Centre.
- Litigation: If the dispute remains unresolved after mediation, either party may commence proceedings in the courts of Malaysia. Both parties submit to the exclusive jurisdiction of the courts of Malaya.
These terms are governed by and construed in accordance with the laws of Malaysia. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
13. General Provisions
Entire Agreement. These terms, together with any applicable scope confirmation, constitute the entire agreement between the parties with respect to the subject matter and supersede all prior negotiations, representations, and agreements.
Severability. If any provision of these terms is found to be invalid or unenforceable, that provision will be modified to the minimum extent necessary to make it valid and enforceable. The remaining provisions will continue in full force.
Waiver. A failure or delay by either party in exercising any right or remedy does not constitute a waiver of that right or remedy. A waiver of any breach does not constitute a waiver of any subsequent breach.
Assignment. The Client may not assign any rights or obligations under these terms without our prior written consent. We may assign our rights and obligations with written notice to the Client, provided that such assignment does not prejudice the Client's position.
Force Majeure. Neither party is in breach of these terms if performance is prevented or delayed by circumstances beyond that party's reasonable control, including natural disasters, governmental action, civil unrest, or pandemic. The affected party must give prompt written notice and use reasonable efforts to mitigate the effect of the event.
Third Party Rights. These terms do not create rights in favour of any person who is not a party to them. The Contracts (Rights of Third Parties) Act does not apply.
14. Changes to These Terms
We may update these Terms and Conditions from time to time. Where we do, the revised version will be posted on this website with an updated effective date. For engagements already underway, the terms in force at the date of the scope confirmation will continue to apply for the duration of that engagement unless the Client agrees in writing to the amended terms.
Continued use of this website after the effective date of any change constitutes acceptance of the updated terms.
15. Contact Information
Questions regarding these Terms and Conditions should be directed to:
AMANAH LAW
62, Lebuh Pantai, 10300 George Town, Penang, Malaysia
Telephone: +60 4-227 8493
Email: [email protected]