Terms & Conditions

1. Definitions

In these Terms and Conditions, the following definitions apply:

"Agreement" refers to these Terms and Conditions together with any engagement letter, proposal, or statement of work entered into between Summit Partners and the Client.

"Client" or "you" refers to the individual or organization engaging Summit Partners for consulting services or using our website.

"Services" refers to the business consulting services provided by Summit Partners, including but not limited to exit strategy development, innovation pipeline assessment, and executive coaching.

"Summit Partners", "we", "our", or "us" refers to Summit Partners, a business consulting firm registered and operating in Malaysia.

"Website" refers to our website located at summitpens.pro and any associated subdomains.

2. Acceptance of Terms

By accessing our website or engaging our services, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions. If you are entering into this Agreement on behalf of an organization, you represent that you have the authority to bind that organization to these terms.

You must be at least 18 years of age and have the legal capacity to enter into binding agreements to use our services. We reserve the right to refuse service to anyone at our discretion.

If you do not agree to these Terms and Conditions, please do not use our website or engage our services.

3. Description of Services

Summit Partners provides business consulting services to organizations in Malaysia and the broader region. Our services include exit strategy development, providing confidential advisory for business owners considering ownership transition; innovation pipeline assessment, evaluating organizational approaches to developing and advancing new ideas; and executive coaching engagement, offering individual coaching support for senior leaders.

The specific scope, deliverables, timeline, and fees for each engagement will be detailed in a separate engagement letter or proposal, which forms part of this Agreement.

We reserve the right to modify, suspend, or discontinue any aspect of our services at any time, with reasonable notice to affected clients.

4. Client Responsibilities

To enable us to provide effective consulting services, you agree to provide accurate, complete, and timely information relevant to the engagement; make personnel and resources reasonably available as needed; communicate promptly regarding questions, concerns, or changes in circumstances; maintain confidentiality of proprietary methodologies and materials we share with you; and pay fees in accordance with the agreed payment terms.

You acknowledge that the quality and timeliness of our deliverables may depend on your cooperation and the information you provide.

5. Fees and Payment

Fees for our services are specified in the applicable engagement letter or proposal. Unless otherwise agreed, fees are quoted in Malaysian Ringgit (RM) and are exclusive of applicable taxes.

Payment terms vary by service type. Project-based engagements typically require a portion of the fee upon commencement, with the balance due upon completion or at agreed milestones. Monthly engagements such as executive coaching are billed at the beginning of each month.

Invoices are due within 14 days of issue unless otherwise specified. Late payments may incur interest at the rate of 1.5% per month on outstanding balances.

We reserve the right to suspend services if payment is not received within 30 days of the due date.

6. Intellectual Property

All methodologies, frameworks, templates, tools, and other materials developed by Summit Partners prior to or independent of client engagements remain our exclusive intellectual property. We grant you a limited, non-exclusive, non-transferable license to use such materials solely for your internal business purposes in connection with the specific engagement.

Deliverables created specifically for you during an engagement become your property upon full payment, though we retain the right to use general knowledge, skills, and experience gained during the engagement.

You may not reproduce, distribute, modify, or create derivative works from our proprietary materials without our written consent.

7. Confidentiality

We understand the sensitive nature of business consulting engagements and are committed to maintaining strict confidentiality. We will not disclose your confidential information to third parties except as required by law, with your consent, or to our employees and contractors who need to know the information to provide services to you and who are bound by confidentiality obligations.

Confidential information does not include information that is publicly available, was known to us prior to disclosure, is independently developed by us, or is disclosed to us by a third party without breach of any confidentiality obligation.

Our confidentiality obligations survive the termination of any engagement and continue for a period of five years thereafter.

8. Disclaimers

Our consulting services are advisory in nature. We provide recommendations and guidance based on our professional expertise and the information available to us. However, final decisions and their implementation remain your responsibility.

We do not provide legal, accounting, tax, or financial advice. For matters requiring such expertise, we recommend you consult appropriately qualified professionals.

While we strive to provide high-quality services, we cannot predict future market conditions, regulatory changes, or other external factors that may affect your business outcomes. Our services are provided "as is" without warranties of any kind, express or implied, regarding the accuracy, completeness, or suitability of our recommendations for any particular purpose.

Past performance or success with other clients does not indicate future results for your organization.

9. Limitation of Liability

To the maximum extent permitted by Malaysian law, Summit Partners' total liability for any claims arising out of or related to our services or this Agreement shall not exceed the fees paid by you for the specific engagement giving rise to the claim.

In no event shall we be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, revenue, business opportunities, or goodwill, regardless of whether such damages were foreseeable or whether we were advised of the possibility of such damages.

These limitations apply regardless of the theory of liability, whether based on contract, tort, negligence, strict liability, or otherwise.

10. Indemnification

You agree to indemnify, defend, and hold harmless Summit Partners and its directors, officers, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or in connection with your breach of this Agreement, your misuse of our services or deliverables, or any third-party claims related to actions you take based on our recommendations.

11. Termination

Either party may terminate an engagement by providing written notice as specified in the applicable engagement letter or, if not specified, with 30 days' written notice.

We may terminate immediately if you fail to pay fees when due, breach any material term of this Agreement, or become insolvent or file for bankruptcy.

Upon termination, you shall pay all fees for services rendered through the termination date. Sections relating to intellectual property, confidentiality, disclaimers, limitation of liability, indemnification, and governing law shall survive termination.

12. Dispute Resolution

This Agreement shall be governed by and construed in accordance with the laws of Malaysia, without regard to its conflict of laws principles.

In the event of any dispute arising out of or in connection with this Agreement, the parties shall first attempt to resolve the dispute through good faith negotiation. If the dispute cannot be resolved through negotiation within 30 days, either party may refer the matter to mediation in Kuala Lumpur.

If mediation is unsuccessful, the dispute shall be submitted to the exclusive jurisdiction of the courts of Malaysia.

13. General Provisions

Entire Agreement: This Agreement, together with any applicable engagement letter or proposal, constitutes the entire agreement between the parties and supersedes all prior discussions, negotiations, and agreements.

Severability: If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

Waiver: No failure or delay by either party in exercising any right under this Agreement shall operate as a waiver of that right.

Assignment: You may not assign or transfer your rights or obligations under this Agreement without our prior written consent.

Notices: Notices under this Agreement shall be in writing and delivered to the addresses specified in the engagement letter or to such other address as either party may designate.

14. Changes to These Terms

We may modify these Terms and Conditions from time to time. We will post the revised terms on our website with an updated effective date. Changes will not apply retroactively to existing engagements. Your continued use of our services after changes take effect constitutes acceptance of the modified terms.