These Terms and Conditions ("Terms") govern the relationship between Mutiara Axis ("we", "us", "our") and clients and website users ("you", "client") in relation to our business consulting services and website. By engaging our services or using our website, you agree to these Terms. If you do not agree, please do not proceed with an engagement or continued use of our website.
These Terms should be read alongside our Privacy Policy and Cookie Policy.
1. About Mutiara Axis
Mutiara Axis is a business consulting firm located at Lot 3-12, Oceanus Waterfront Mall, Jalan Tun Fuad Stephens, 88000 Kota Kinabalu, Sabah, Malaysia. We provide advisory services in pricing strategy, brand positioning, and international trade. Our services are designed for business clients โ we do not provide services to individuals for personal, domestic, or household purposes.
2. Scope of Services
We offer three primary service engagements:
- Pricing Strategy Review โ a two-week engagement involving margin analysis, competitor pricing benchmarks, customer willingness-to-pay research, and a pricing review report
- Brand Positioning Advisory โ a four-week engagement covering audience perception research, competitive positioning mapping, messaging framework development, and related deliverables
- International Trade Advisory โ a six-week engagement covering export readiness, trade compliance, tariff and duty analysis, logistics evaluation, and documentation support
The specific scope, deliverables, timeline, and fee for each engagement are confirmed in writing before work commences. Any work outside the agreed scope requires a separate written agreement.
3. Engagement Process
3.1 Initiation
An engagement begins when both parties have agreed in writing (including email) to the scope, deliverables, timeline, and fee. No binding engagement exists until such written confirmation is exchanged.
3.2 Client Responsibilities
To enable us to deliver the agreed services, you agree to:
- Provide accurate, complete, and timely information requested by our consultants
- Make available appropriate personnel for interviews, discussions, or review sessions as agreed
- Notify us promptly of any material changes to your business context that may affect the engagement
- Review and respond to draft deliverables within agreed timelines
Where delays in delivery of our services result from your failure to provide required information or access on time, we are not responsible for the impact on the engagement timeline.
3.3 Amendments to Scope
Any requests to materially expand the scope of an engagement will be discussed and, if agreed, documented in a written amendment that may include an adjustment to the fee and timeline.
4. Fees and Payment
4.1 Fixed Project Fees
Our services are priced at fixed project fees: RM 540 (Pricing Strategy Review), RM 1,850 (Brand Positioning Advisory), and RM 3,300 (International Trade Advisory). All fees are quoted and payable in Malaysian Ringgit (RM).
4.2 Payment Schedule
Unless otherwise agreed in writing, payment is structured as follows:
- 50% of the project fee is due upon confirmation of the engagement, prior to commencement of work
- The remaining 50% is due upon delivery of the final report or principal deliverable
4.3 Payment Method
Payment is accepted via bank transfer to the account details provided in our invoice. Invoices are issued in accordance with the payment milestones above. Payment is due within 14 days of invoice date unless otherwise agreed.
4.4 Late Payment
We reserve the right to pause work on an engagement where an overdue payment has not been received within 7 days of the due date, and to charge reasonable interest on overdue amounts in accordance with applicable Malaysian law.
5. Intellectual Property
5.1 Ownership of Deliverables
Upon receipt of full payment, we assign to you the right to use the deliverables produced under your engagement for your own internal business purposes. This does not include the right to resell, republish, or sub-license the deliverables to third parties without our prior written consent.
5.2 Our Background IP
Any methodologies, frameworks, templates, or analytical tools that we bring to an engagement remain our property. We grant you a non-exclusive licence to use these as embedded in the deliverables, but not independently.
5.3 Anonymised Learning
We may draw on learnings and patterns derived from our work with clients in developing our methodologies, provided that no confidential or identifying information about any client is disclosed.
6. Confidentiality
We treat all business information, data, and materials provided by you as confidential. We will not disclose your confidential information to third parties except:
- Where you have given explicit consent
- Where required by law or a regulatory authority
- To professional advisors bound by their own obligations of confidentiality
We ask that you similarly treat as confidential any information about our methodologies, pricing, or processes that is not publicly available.
7. Limitation of Liability
Our consulting services provide analysis, recommendations, and advisory support. We do not make or imply any assurance about the commercial outcomes that may result from acting on our recommendations. Business outcomes depend on many factors outside our control.
To the extent permitted by applicable Malaysian law, our total aggregate liability to you in connection with any engagement shall not exceed the total fee paid by you for that engagement. We shall not be liable for indirect, incidental, or consequential losses, including lost profits, lost revenue, or reputational harm, whether or not we were advised of the possibility of such losses.
Nothing in these Terms excludes or limits liability that cannot be excluded under Malaysian law, including liability for fraud or for death or personal injury caused by negligence.
8. Termination
8.1 Termination by Client
You may terminate an engagement by providing written notice. If you terminate after commencement of work but before delivery of the final deliverable, you remain liable for fees proportionate to the work completed at the time of termination. The initial 50% payment is non-refundable once work has commenced.
8.2 Termination by Mutiara Axis
We may terminate an engagement by written notice if you fail to provide necessary information or access despite reasonable requests, fail to make payment as agreed, or act in a manner that makes continuing the engagement unreasonable. In such cases, fees for work completed remain payable.
9. Website Use
Our website is provided for informational purposes. While we take care to ensure the accuracy of the information published, we do not warrant that it is complete, current, or free from error. The content on our website does not constitute professional advice and should not be relied upon as such.
You may not use our website in any manner that is unlawful, harmful, or that interferes with its proper functioning. Unauthorised reproduction of website content is not permitted.
10. Governing Law and Disputes
These Terms are governed by the laws of Malaysia. Any dispute arising from or relating to these Terms or our services shall first be referred to good-faith discussion between the parties. If a resolution is not reached within 30 days, the dispute may be referred to the courts of Malaysia, and you consent to the non-exclusive jurisdiction of the Malaysian courts.
11. Amendments to These Terms
We may update these Terms from time to time. Changes take effect from the date the updated Terms are published on our website. Your continued use of our website or engagement of our services after such update constitutes acceptance of the revised Terms.
12. Contact
For questions regarding these Terms, please contact us at:
Mutiara Axis
Lot 3-12, Oceanus Waterfront Mall, Jalan Tun Fuad Stephens, 88000 Kota Kinabalu, Sabah, Malaysia
Phone: +60 88-4527 1863
Email: [email protected]