Terms & Conditions
Last updated: 1 May 2025
These terms govern the relationship between Embergrove and clients who engage our advisory services, and the use of our website at embergrove.cyou. By submitting an enquiry or entering into an engagement with us, you accept these terms. Please read them before proceeding.
1. About Embergrove
Embergrove provides export readiness and international trade advisory services to businesses based in Malaysia. We are an advisory consulting firm. We do not provide legal, customs brokerage, financial, or regulated professional services. Where an engagement involves matters that require licensed practitioners — including trade law, customs compliance, tax, or trade finance — we identify this clearly and assist clients in finding suitably qualified specialists. We do not act as those specialists ourselves.
2. Scope of services
The scope, deliverables, price and timeline of each engagement are agreed in writing before work begins. Our current service offerings are described on our website. Unless stated otherwise in a written engagement agreement:
- Services cover market understanding, partner readiness assessment and operational planning
- Services do not include customs documentation, legal filings, financial structuring or regulatory submissions
- Deliverables are advisory documents intended to inform your decisions; they do not constitute legal or financial advice
- Engagement scope is limited to what is described in the written brief; additional scope requires a separate agreement
3. Engagement and payment
An engagement begins when both parties have confirmed the scope in writing and the agreed fee arrangement is in place. Payment terms are set out in the engagement letter. Our standard terms are:
- Fixed-scope engagements (Export Readiness Review and Market Entry & Operations Plan): invoiced in advance or in two stages as agreed
- Retainer engagements (Trade Advisory Retainer): invoiced monthly at the start of each period
- Invoices are due within 14 days of issue unless otherwise agreed
We reserve the right to pause work where an invoice remains unpaid beyond its due date.
4. Confidentiality
We treat client information as confidential. Information you share with us in the course of an engagement is used only for the purposes of that engagement. We do not share client information with third parties except where necessary to carry out the engagement (with your knowledge), where required by law, or where you have given explicit consent.
We ask that clients treat our deliverables — reports, plans, working notes — as confidential and not share them with competing firms or publish them without our agreement.
5. Intellectual property
Deliverables produced under an engagement — readiness summaries, market notes, entry plans and similar documents — become the property of the client on full payment of the applicable fee. Methodologies, frameworks and background materials developed by Embergrove prior to or independently of an engagement remain our property.
6. Limitation of liability
Our services are advisory in nature. We provide considered analysis and planning support based on the information available to us. We do not warrant that following our advice will produce any particular commercial outcome. Markets, regulations and commercial conditions change, and our analysis reflects circumstances at the time of the engagement.
To the extent permitted by Malaysian law, our aggregate liability to a client in connection with any engagement is limited to the total fees paid for that engagement. We are not liable for indirect, consequential or speculative losses.
Nothing in these terms limits liability for fraud or for death or personal injury caused by our negligence.
7. Website use
The content on our website is provided for general information about our services. It does not constitute advisory opinion on any specific situation. We make reasonable efforts to keep content current but do not warrant that it is complete or free of error.
You may not use our website for any unlawful purpose or in a way that disrupts its operation.
8. Termination
Either party may terminate an engagement by giving written notice. If a client terminates a fixed-scope engagement before completion, fees for work completed to the date of notice are payable. If Embergrove terminates an engagement, fees for uncompleted work are not charged, and we will provide any work completed to that point.
For retainer engagements, either party may give 30 days' written notice to end the arrangement.
9. Governing law
These terms are governed by the laws of Malaysia. Any dispute arising from these terms or from an engagement will be subject to the jurisdiction of the courts of Malaysia.
10. Changes to these terms
We may update these terms from time to time. Changes will be posted on this page with an updated date. Engagements in progress at the time of a change continue under the terms in effect at the start of that engagement.
11. Contact
Questions about these terms should be directed to:
Embergrove
Suite 18-1, Menara Northam, Jalan Sultan Ahmad Shah, 10050 George Town, Penang
Email: [email protected]
Phone: +60 16-704 3258