Terms & Conditions
Effective Date: 15 January 2025
Last Updated: 15 January 2025
1. Definitions
In these Terms and Conditions, the following definitions apply:
"Agreement" refers to these Terms and Conditions together with any engagement letter or service proposal accepted by the Client.
"Catalyst Group", "we", "our", "us" refers to Catalyst Group, a business consulting firm registered in Malaysia with offices at 33 Jalan Tunku Abdul Rahman, 93100 Kuching, Sarawak.
"Client", "you", "your" refers to the individual, company, or organisation engaging our Services.
"Services" refers to the consulting services provided by Catalyst Group as described in our service offerings or engagement letters.
"Content" refers to all materials, documents, reports, analyses, and other deliverables provided as part of our Services.
2. Acceptance of Terms
By accessing our website, submitting enquiries, 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 a company or other legal entity, you represent that you have the authority to bind such entity to these Terms. If you do not have such authority or do not agree with these Terms, you must not use our website or engage our Services.
You must be at least eighteen years of age and have the legal capacity to enter into contracts under Malaysian law to engage our Services.
3. Description of Services
Catalyst Group provides business consulting services to Malaysian enterprises, including but not limited to:
3.1 Strategic Partnership Facilitation
Support for businesses seeking to establish partnerships, joint ventures, or alliance arrangements, including partner identification, compatibility assessment, negotiation preparation, and relationship structuring guidance.
3.2 Customer Experience Mapping
Systematic examination of customer interactions across touchpoints, including customer interviews, journey documentation, experience blueprint creation, and enhancement recommendations.
3.3 Monthly Strategy Sessions
Regular scheduled consultations providing ongoing strategic thinking support, including preparation, meeting facilitation, and follow-up documentation.
The specific scope, deliverables, timeline, and fees for each engagement are detailed in individual service proposals or engagement letters, which form part of the Agreement between Catalyst Group and the Client.
4. Client Responsibilities
To enable effective delivery of our Services, the Client agrees to:
Provide accurate and complete information necessary for the performance of Services.
Make available appropriate personnel and resources as reasonably required.
Respond to requests for information, approvals, or decisions in a timely manner.
Maintain confidentiality of any proprietary methodologies or tools shared during the engagement.
Notify us promptly of any changes that may affect the scope or delivery of Services.
5. Fees and Payment
5.1 Fee Structure
Fees for our Services are quoted in Malaysian Ringgit (RM) and are specified in the relevant service proposal or engagement letter. Current standard fees for our primary services are: Strategic Partnership Facilitation (RM 7,800), Customer Experience Mapping (RM 4,200), and Monthly Strategy Sessions (RM 2,400 per month).
5.2 Payment Terms
Unless otherwise specified in the engagement letter, payment terms are as follows: for project-based services, payments are typically structured in phases aligned with deliverable milestones. For monthly services, payment is due at the beginning of each month. Invoices are payable within fourteen days of the invoice date.
5.3 Payment Methods
We accept payment by bank transfer to our designated Malaysian bank account and major credit cards. Payment details are provided on invoices.
5.4 Late Payment
Overdue amounts may incur interest at the rate of one and a half percent per month from the due date until payment is received. We reserve the right to suspend Services until outstanding payments are resolved.
5.5 Taxes
All fees are exclusive of applicable taxes. Service tax and any other taxes required by Malaysian law will be added to invoices where applicable.
6. Intellectual Property
6.1 Catalyst Group's Intellectual Property
All methodologies, frameworks, tools, templates, and other intellectual property developed by Catalyst Group remain our exclusive property. Clients receive a limited, non-exclusive, non-transferable licence to use deliverables for their internal business purposes only.
6.2 Client Materials
The Client retains ownership of all materials, data, and information provided to us for the purpose of performing Services. The Client grants us a limited licence to use such materials solely for the purpose of delivering Services.
6.3 Restrictions
Clients may not reproduce, distribute, modify, or create derivative works from our proprietary materials without prior written consent. Deliverables may not be shared with third parties without our approval.
7. Confidentiality
Both parties agree to maintain the confidentiality of proprietary and sensitive information shared during the engagement. Confidential information includes, but is not limited to, business strategies, financial data, customer information, technical data, and any information marked as confidential.
Confidentiality obligations do not apply to information that is publicly available through no fault of the receiving party, was known to the receiving party prior to disclosure, is independently developed without use of confidential information, or is required to be disclosed by law or regulatory authority.
Confidentiality obligations survive the termination of the engagement for a period of three years.
8. Disclaimers
8.1 Advisory Nature of Services
Our Services are advisory in nature. We provide analysis, recommendations, and frameworks to support your decision-making, but ultimate business decisions and their implementation remain the Client's responsibility.
8.2 No Professional Advice
Our Services do not constitute legal, financial, tax, or accounting advice. Clients should consult qualified professionals for specific legal, financial, or regulatory matters.
8.3 No Outcome Assurances
While we apply professional skill and care in delivering our Services, we cannot and do not provide assurances regarding specific business outcomes. Results depend on numerous factors beyond our control, including market conditions, implementation quality, and business circumstances.
9. Limitation of Liability
To the maximum extent permitted by Malaysian law:
Our total liability for any claims arising from or related to our Services shall not exceed the fees paid by the Client for the specific engagement giving rise to the claim.
We shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, revenue, data, or business opportunities, even if advised of the possibility of such damages.
These limitations do not apply to liability arising from gross negligence, wilful misconduct, or fraud.
10. Indemnification
The Client agrees to indemnify and hold harmless Catalyst Group, its directors, employees, and agents from any claims, damages, losses, or expenses (including reasonable legal fees) arising from the Client's breach of these Terms, misuse of deliverables, or violation of any third-party rights.
11. Termination
11.1 Termination by Either Party
Either party may terminate an engagement by providing written notice as specified in the relevant engagement letter, typically thirty days for ongoing services.
11.2 Termination for Cause
Either party may terminate immediately if the other party materially breaches these Terms and fails to remedy such breach within fourteen days of written notice.
11.3 Effect of Termination
Upon termination, the Client shall pay for all Services rendered up to the termination date. Provisions regarding confidentiality, intellectual property, limitation of liability, and indemnification survive termination.
12. Force Majeure
Neither party shall be liable for delays or failures in performance resulting from circumstances beyond reasonable control, including natural disasters, acts of government, pandemic, civil unrest, or other force majeure events. The affected party shall notify the other promptly and make reasonable efforts to mitigate the impact.
13. Governing Law and Dispute Resolution
These Terms and any disputes arising hereunder shall be governed by and construed in accordance with the laws of Malaysia.
The parties agree to first attempt to resolve any dispute through good faith negotiation. If negotiation is unsuccessful within thirty days, either party may pursue formal dispute resolution.
Any legal proceedings shall be conducted in the courts of Sarawak, Malaysia, and both parties consent to the exclusive jurisdiction of such courts.
14. General Provisions
14.1 Entire Agreement
These Terms, together with any engagement letters or service proposals, constitute the entire agreement between the parties and supersede all prior discussions, representations, and agreements.
14.2 Severability
If any provision of these Terms is found to be unenforceable, the remaining provisions shall continue in full force and effect.
14.3 Waiver
Failure to enforce any provision of these Terms shall not constitute a waiver of such provision or the right to enforce it subsequently.
14.4 Assignment
The Client may not assign or transfer any rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations to an affiliate or successor entity.
14.5 Notices
All notices under these Terms shall be in writing and delivered to the addresses specified in the engagement letter or to [email protected] for Catalyst Group.
15. Changes to Terms
We reserve the right to modify these Terms at any time. Changes will be effective upon posting to our website. Continued use of our website or Services after changes constitutes acceptance of the modified Terms. Material changes affecting existing engagements will be communicated directly to affected Clients.
16. Contact Information
For questions about these Terms and Conditions, please contact us:
Legal Enquiries
Catalyst Group
33 Jalan Tunku Abdul Rahman
93100 Kuching, Sarawak, Malaysia
Email: [email protected]
Phone: +60 82-4157 2836