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Terms & Conditions

Last updated: 14 April 2025  ยท  Effective: 14 April 2025

These Terms and Conditions ("Terms") govern your use of the Quillfern website and any advisory services you engage us for. By accessing this site or entering into a service engagement, you agree to these Terms in full. If you do not agree, please do not use the site or our services. These Terms are governed by the laws of Malaysia.

๐ŸŒฟ 1. Definitions

Throughout these Terms, the following words carry the meanings set out below:

  • "Agreement" โ€” these Terms together with any engagement letter or service proposal
  • "We / Us / Our" โ€” Quillfern, the business providing workplace culture advisory services
  • "You / Client" โ€” any person or organisation accessing this site or engaging our services
  • "Services" โ€” the advisory engagements described on our website and in service proposals
  • "Deliverables" โ€” written notes, workshop outputs, or other documents produced during an engagement
  • "Content" โ€” all text, materials, and resources published on this website

๐ŸŒฟ 2. Acceptance of Terms

By using this website or engaging our services, you confirm that:

  • You are at least 18 years of age
  • You have the legal capacity to enter into a binding agreement
  • If acting on behalf of an organisation, you are authorised to bind that organisation
  • You have read and understood these Terms

๐ŸŒฟ 3. Services

Quillfern provides workplace culture advisory services to Malaysian organisations. Our current service offerings are described on our website and in individual engagement proposals. We reserve the right to modify or discontinue any offering with reasonable notice.

Services are available to clients based in Malaysia. For international enquiries, please contact us to discuss feasibility and applicable terms.

๐ŸŒฟ 4. Your Responsibilities

When using our website or engaging our services, you agree to:

  • Provide accurate and complete information in all communications
  • Cooperate in good faith with agreed engagement activities
  • Ensure that staff participating in conversations or workshops have been appropriately briefed
  • Use deliverables only for the internal purposes agreed at engagement
  • Not reproduce, distribute, or commercialise our materials without written consent

Prohibited activities

  • Using our website or services for any unlawful purpose
  • Attempting to gain unauthorised access to our systems
  • Misrepresenting your identity or organisational affiliation
  • Interfering with the proper functioning of the website

๐ŸŒฟ 5. Intellectual Property

All website content โ€” including text, design, structure, and methodology descriptions โ€” is owned by or licensed to Quillfern and is protected under applicable Malaysian intellectual property law.

Deliverables produced during an engagement are provided to you under a limited, non-exclusive, non-transferable licence for your organisation's internal use only.

Our broader methodologies, frameworks, and working processes remain the intellectual property of Quillfern and are not transferred as part of any engagement.

๐ŸŒฟ 6. Payment Terms

All fees are quoted and payable in Malaysian Ringgit (RM) unless otherwise stated in the engagement proposal.

  • Invoices are issued on the schedule set out in the engagement letter
  • Payment is due within 14 calendar days of invoice date
  • Accepted methods include bank transfer and other arrangements agreed in writing
  • Late payments may be subject to a reasonable late fee as outlined in the proposal

Cancellation and refunds

If you need to reschedule or cancel an engagement, please notify us at least 10 business days in advance. Cancellations with shorter notice may result in a partial fee being retained to cover preparatory work already completed. Each case is assessed fairly on its merits.

๐ŸŒฟ 7. Service-Specific Terms

Culture Observation Note for SMEs

Observation notes are descriptive documents reflecting themes observed during staff conversations. They do not constitute employee-relations advice, HR reporting, or investigative findings. Ground rules for staff conversations are agreed in writing before the engagement begins.

Team Rituals Design Workshop

Workshop outcomes represent facilitated organisational design education. Specific results will vary between teams. The written rituals reference is a working document, not a binding policy instrument.

Workplace Culture Stewardship Retainer

The nine-month retainer covers general operational culture, written rituals, and meeting design. It does not extend to individual employee-relations cases, performance management, or any matter requiring licensed HR, legal, or psychological intervention.

๐ŸŒฟ 8. Disclaimers

Our website content and advisory outputs are provided for general informational and organisational design purposes. They do not constitute legal, HR, psychological, medical, or financial advice.

Workplace culture is complex and context-dependent. While we bring considerable care and experience to every engagement, we cannot promise specific outcomes or changes in team behaviour as a result of our work.

The website is provided on an "as available" basis. We do not warrant that it will be error-free or uninterrupted at all times.

๐ŸŒฟ 9. Limitation of Liability

To the extent permitted by Malaysian law, Quillfern's total liability arising out of any engagement shall not exceed the fees paid for the specific engagement giving rise to the claim.

We are not liable for:

  • Indirect, consequential, or incidental losses
  • Loss of revenue, profits, or business opportunity
  • Decisions made by your organisation based on our deliverables
  • Events outside our reasonable control (force majeure)

Nothing in these Terms limits liability for fraud, wilful misconduct, or other matters that cannot be excluded by law.

๐ŸŒฟ 10. Termination

Either party may terminate an ongoing engagement by providing written notice of at least 30 days, unless the engagement letter specifies a different period. In the event of a material breach by either party that is not remedied within 14 days of written notice, the non-breaching party may terminate immediately.

On termination, you remain obligated to pay for work completed up to the termination date. Confidentiality obligations survive termination indefinitely.

๐ŸŒฟ 11. Dispute Resolution

These Terms are governed by and construed in accordance with the laws of Malaysia. Any dispute arising from these Terms or an engagement shall first be addressed through good-faith discussion between the parties. If not resolved within 30 days, the parties may seek mediation through the Malaysian Mediation Centre before proceeding to formal proceedings.

The courts of Malaysia shall have exclusive jurisdiction over any matter that cannot be resolved through mediation.

๐ŸŒฟ 12. General Provisions

  • Entire agreement โ€” these Terms, together with the engagement letter, constitute the whole agreement between the parties
  • Severability โ€” if any provision is found unenforceable, the remaining provisions continue in full effect
  • No waiver โ€” failure to enforce any provision does not constitute a waiver of future enforcement
  • Assignment โ€” you may not assign your rights under an engagement without our prior written consent
  • Confidentiality โ€” both parties agree to treat engagement materials and discussions as confidential

๐ŸŒฟ 13. Changes to Terms

We may update these Terms from time to time. The updated version will be published on this page with a revised effective date. Changes apply to new engagements and, where required by law, to existing engagements with reasonable notice. Continued use of our services after changes are posted constitutes your acceptance of the revised Terms.