Terms & Conditions

1. Definitions

In these Terms and Conditions:

• "Brackish & Co" or "we" refers to Brackish & Co, a consulting practice registered in Malaysia, with its principal place of business at Jalan Hang Lekiu 9, 50100 Kuala Lumpur.
• "Client" or "you" refers to the individual or organisation that engages Brackish & Co for consulting services.
• "Engagement" refers to any consulting project described in a written agreement between Brackish & Co and the Client.
• "Deliverable" refers to any document, framework, or summary produced by Brackish & Co in the course of an Engagement.
• "Agreement" refers to these Terms together with any written engagement letter or scope document signed by both parties.

2. Acceptance of Terms

By engaging Brackish & Co through our website, by email, or by signing an engagement letter, you confirm that you have read, understood, and agree to be bound by these Terms.

You confirm that you are at least 18 years of age and have the legal capacity to enter into a binding agreement, either on your own behalf or on behalf of the organisation you represent.

If you are entering this Agreement on behalf of an organisation, you represent that you are authorised to bind that organisation to these Terms.

3. Services

Brackish & Co provides business advisory and operational consulting services, including but not limited to: Operational Diagnostic assessments, Editorial Strategy for Internal Publications, and Quarterly Retrospective Facilitation.

Services are delivered primarily in Malaysia. Remote engagements for clients outside Malaysia may be agreed on a case-by-case basis.

Service availability is subject to the consultant's schedule. Enquiries do not constitute a reservation of availability.

4. Engagement Terms

Scope and agreement

Each Engagement begins with a written agreement defining scope, deliverables, timeline, and fee. Work does not commence until both parties have confirmed the agreement in writing.

Scope changes

Any change to the agreed scope must be requested in writing and agreed by both parties before the change is implemented. Changes that materially extend the work may require adjustment to the fee.

Timelines

Delivery dates are agreed in the engagement letter. If a delay arises from the Client's side — for example, in scheduling interviews or providing materials — the delivery date will be adjusted accordingly and both parties will confirm the revised date in writing.

5. Payment

All fees are quoted and invoiced in Malaysian Ringgit (RM). Published service fees are: Operational Diagnostic — RM 2,000; Editorial Strategy — RM 1,250; Retrospective Facilitation — RM 440.

Payment is structured as 50% upon commencement and 50% upon delivery of the final Deliverable, unless otherwise agreed in the engagement letter.

Payment is accepted by bank transfer to the account details provided in each invoice. Payment is due within 14 days of the invoice date.

Fees are non-refundable once an Engagement has commenced, except where Brackish & Co is unable to deliver the agreed Deliverable due to circumstances on our side.

6. Client Responsibilities

You agree to provide accurate and complete information relevant to the Engagement, to make agreed participants available for interviews or sessions at the times arranged, and to review and respond to drafts within the timelines agreed.

You agree not to use Deliverables in ways that misrepresent the findings or that attribute to Brackish & Co conclusions not contained in the Deliverable.

7. Intellectual Property

Upon receipt of full payment, Brackish & Co assigns to the Client the right to use the Deliverable for the Client's internal purposes. This does not include the right to reproduce or redistribute the Deliverable as a commercial product, or to represent Brackish & Co's methodology as the Client's own.

Brackish & Co retains the right to reference the fact of an engagement (without disclosing confidential content) as part of our general description of the practice's work.

8. Confidentiality

Brackish & Co treats all engagement content as confidential. We will not disclose interview content, internal documents, or the content of Deliverables to any party outside the Engagement without the Client's written permission.

The Client agrees to treat any methodological frameworks shared by Brackish & Co during the Engagement as confidential and not to share them with third parties without our written consent.

9. Disclaimers

Services and Deliverables are provided in good faith based on information available at the time of the Engagement. Brackish & Co does not warrant that implementing the observations or frameworks in a Deliverable will produce any particular outcome.

Nothing in our Deliverables constitutes legal, financial, medical, or regulatory advice. Clients should seek qualified professional advice for matters falling within those domains.

10. Limitation of Liability

To the fullest extent permitted by Malaysian law, Brackish & Co's total liability to the Client in connection with any Engagement shall not exceed the total fees paid for that Engagement.

We are not liable for indirect, consequential, or incidental losses arising from the use of Deliverables or from any failure to deliver arising from circumstances beyond our reasonable control (including illness, force majeure, or Client-side delays).

11. Indemnification

The Client agrees to indemnify Brackish & Co against any claims, losses, or costs arising from the Client's use of Deliverables in a manner that is inconsistent with these Terms, or from the Client's provision of inaccurate or misleading information during an Engagement.

12. Termination

Either party may terminate an Engagement by written notice if the other party materially breaches the Agreement and fails to remedy the breach within 14 days of receiving written notice of it.

In the event of termination by the Client before delivery, fees paid are non-refundable. In the event of termination by Brackish & Co due to our inability to deliver, fees for the undelivered portion will be refunded.

13. Dispute Resolution

These Terms are governed by the laws of Malaysia. The parties agree to first attempt to resolve any dispute through good-faith negotiation. If negotiation does not resolve the dispute within 30 days, either party may refer the matter to the courts of Malaysia, with Kuala Lumpur as the agreed jurisdiction.

14. General Provisions

• Entire agreement: These Terms and the engagement letter constitute the entire agreement between the parties for each Engagement.
• Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions continue in full force.
• Waiver: Failure to enforce any provision does not constitute a waiver of the right to enforce it in future.
• Assignment: The Client may not assign its rights under these Terms without written consent from Brackish & Co.
• Notices: Notices under these Terms should be sent in writing by email to the addresses confirmed in the engagement letter.

15. Changes to These Terms

We may update these Terms from time to time. Updated Terms will be posted on this page with a revised effective date. Engagements already in progress at the time of any update are governed by the Terms in effect when the engagement letter was agreed.

16. Contact

Brackish & Co, Jalan Hang Lekiu 9, 50100 Kuala Lumpur, Malaysia.

Legal enquiries: [email protected]