Legal
Terms & Conditions
Last Updated: 5 May 2025
Effective Date: 5 May 2025
1. Definitions
- "Mentari", "we", "us", "our" — Mentari Business Advisory, registered in Penang, Malaysia.
- "Service" — the business advisory services offered by Mentari, including the First Stall Review, Market Day Advisory, and Whole Market Programme.
- "Client", "you", "your" — any individual or business entity that engages Mentari for advisory services or uses our website.
- "Agreement" — these Terms & Conditions, together with any service confirmation or engagement letter.
- "Website" — the Mentari website at mentarid.biz.
2. Acceptance of Terms
By engaging Mentari's services or using our website, you confirm that you have read, understood, and agree to be bound by these Terms & Conditions. If you are engaging on behalf of a business entity, you confirm you have the authority to bind that entity to this Agreement.
Our services are intended for individuals aged 18 or over. We do not knowingly engage with minors.
3. Service Description
Mentari provides business advisory services to small business owners primarily in Penang and across Malaysia. Services are delivered in person at our George Town office, at client premises, or via video call.
The scope and deliverables of each engagement are described in the service descriptions on our website and confirmed in writing prior to commencement. Mentari reserves the right to decline an engagement at its discretion before any sessions have taken place.
4. Client Responsibilities
- Provide accurate and complete information relevant to the advisory engagement
- Attend scheduled sessions at the agreed time, or provide reasonable advance notice of cancellation (minimum 24 hours)
- Treat all Mentari team members with courtesy and respect
- Not misrepresent the purpose of the engagement or use the service for purposes other than those agreed
- Keep engagement materials and written summaries for your own personal or business use only — not for redistribution or resale
5. Intellectual Property
All written summaries, plans, and materials produced by Mentari during an engagement are provided for the client's own use. Mentari retains the intellectual property rights in the methodologies, frameworks, and general approaches used in delivering the service.
Clients may not reproduce, distribute, or commercially exploit materials produced by Mentari without prior written consent.
6. Payment Terms
All fees are quoted and payable in Malaysian Ringgit (MYR). Payment is due prior to the commencement of each service engagement unless otherwise agreed in writing.
Accepted payment methods include bank transfer and other methods confirmed at time of booking. Receipts will be provided upon request.
For the Whole Market Programme, fees are invoiced monthly. If a monthly payment is not received within 7 working days of the invoice date, Mentari reserves the right to pause scheduled sessions until the account is settled.
Refunds: The First Stall Review and Market Day Advisory fees are non-refundable once a session has taken place. If Mentari cancels a session, a full or proportional refund will be offered or the session will be rescheduled at no cost. For the Whole Market Programme, the current month's fee is not refundable; no fee is due for subsequent months after written notice of cessation has been received.
7. Advisory Services — Specific Terms
- First Stall Review: A single session service. Scope is limited to observations and suggestions arising from that session. No ongoing obligation is created on either side.
- Market Day Advisory: Two working sessions and one follow-up call. Both sessions must be completed within 60 days of the first session unless an extension is agreed in writing.
- Whole Market Programme: A rolling monthly engagement. Either party may terminate with 30 days' written notice. Mentari will provide sessions as agreed each month; missed months due to the client's unavailability do not carry forward.
8. Confidentiality
Mentari treats all client information shared in advisory sessions as strictly confidential. We will not disclose client-specific information to third parties without your consent, except where required by law.
Clients agree to treat the content of advisory sessions as confidential to their own business and not to disclose Mentari's proprietary methods or written materials to third parties without consent.
9. Disclaimers
Advisory services are provided in good faith based on information available at the time of each session. Mentari does not guarantee specific business outcomes, financial results, or the success of any action taken by the client based on advisory suggestions.
Our services constitute general business advisory and do not constitute legal, accounting, tax, or regulated financial advice. Clients are encouraged to seek qualified professional advice in those areas where required.
10. Limitation of Liability
To the fullest extent permitted by Malaysian law, Mentari's liability in connection with any service engagement shall not exceed the total fees paid by the client for that specific engagement.
Mentari shall not be liable for indirect, consequential, or special damages arising from the use of or reliance on our advisory services, including but not limited to loss of revenue, loss of profit, or damage to reputation.
11. Indemnification
You agree to indemnify and hold harmless Mentari and its team members from any claims, damages, or expenses (including legal costs) arising from your breach of these Terms, your misuse of our services, or any actions you take based on advisory suggestions without appropriate professional verification where warranted.
12. Termination
Either party may terminate an ongoing engagement by providing written notice. For fixed-price engagements, termination before completion does not entitle the client to a refund of fees already paid, unless Mentari is in material breach of this Agreement.
Sections covering confidentiality, intellectual property, limitation of liability, and dispute resolution survive termination.
13. Dispute Resolution
These Terms are governed by the laws of Malaysia. Any disputes shall be subject to the exclusive jurisdiction of the courts of Penang, Malaysia.
Before initiating any formal proceedings, the parties agree to attempt to resolve any dispute informally by written notice to the other party, allowing 14 days for a response. If resolution is not achieved, mediation through an agreed Malaysian mediation body may be pursued before litigation.
14. General Provisions
- Entire Agreement: These Terms, together with any written engagement confirmation, constitute the entire agreement between the parties.
- Severability: If any provision is found to be unenforceable, the remaining provisions continue in full effect.
- Waiver: Failure to enforce any provision does not constitute a waiver of future enforcement rights.
- Assignment: You may not assign your rights under this Agreement without Mentari's written consent.
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 date. Continued use of our services after such updates constitutes acceptance of the revised Terms.
16. Contact
Mentari Business Advisory
No. 15, Lebuh Pantai, 10300 George Town, Pulau Pinang, Malaysia
Email: [email protected]
Phone: +60 4 261 8053