Terms of Service
Elevatte Advisory Services Sdn Bhd
These Terms of Service (“Terms”) govern your access to and use of the services provided by Elevatte Advisory Services Sdn Bhd (“Elevatte”, “we”, “our”, “us”). By engaging our services or using our website, you agree to be bound by these Terms.
Where you have entered into a signed engagement letter, proposal or agreement with us, those documents shall prevail in the event of any inconsistency.
Scope of Services
All services are provided strictly in accordance with a signed engagement letter, proposal or written confirmation, which will define the scope of services, deliverables, timelines, assumptions and fees. Verbal discussions do not form part of the contractual scope unless confirmed in writing.
Deliverables
You may rely only on final deliverables issued by us. Drafts, working papers and preliminary materials are provided for discussion purposes only.
Our deliverables may not be shared with or relied upon by any third party without our prior written consent, except where disclosure is required by law.
Fees, Billing and Payment
Fees are determined based on the scope, complexity, duration and urgency of the services and will be set out in the engagement letter or proposal. Out-of-pocket expenses incurred in connection with the services may be billed at cost, supported by appropriate documentation.
We reserve the right to suspend services and charge interest on overdue invoices at eight percent (8%) per annum where payment remains outstanding.
Client Responsibilities
You will be requested to provide accurate, complete and timely information and documentation. We rely on information provided by you and do not independently verify it unless expressly agreed. We are not responsible for errors arising from incomplete, inaccurate or misleading information supplied by you.
Confidentiality
Both parties agree to keep confidential all non-public information disclosed in connection with the services. We may disclose confidential information to our employees, subcontractors, advisers, insurers or professional consultants on a need-to-know basis, subject to confidentiality obligations.
Disclosure may also occur where required by law or regulation. Separate confidentiality or non-disclosure agreements may apply where executed.
Intellectual Property
Limitation of Liability
Our total aggregate liability arising out of or in connection with the services is limited to the total fees paid or payable under the relevant engagement.
We shall not be liable for any indirect, incidental, special or consequential losses, including loss of profit, business opportunity or data. You agree not to bring any claim personally against our directors, employees, subcontractors or agents.
Termination
Either party may terminate the engagement in accordance with the terms set out in the engagement letter. Upon termination, all fees for work performed and costs committed up to the termination date shall remain payable.
Governing Law and Dispute Resolution
These Terms are governed by the laws of Malaysia. Any dispute shall first be resolved through good faith discussions. If unresolved within thirty (30) days, the matter may be referred to mediation in Kuala Lumpur before litigation. The courts of Malaysia shall have exclusive jurisdiction.
Amendments
We may update these Terms of Service from time to time. Updated versions will be posted on our website and will take effect upon posting.