Terms & Conditions

1. Definitions

Throughout this document, the following terms carry specific meanings:

"fermatat," "we," "us," "our" refers to fermatat Legal Services, operating from 47 Persiaran Stonor, 50450 Kuala Lumpur, Malaysia.

"Client," "you," "your" refers to the individual or organisation engaging our services or using our website.

"Services" refers to the legal advisory and consultation services offered by fermatat, including immigration and work permit advisory, intellectual property registration, and regulatory compliance consultation.

"Website" refers to the web pages accessible at https://fermatat.club.

"Agreement" refers to these Terms and Conditions together with any engagement letter or service proposal issued by fermatat.

2. Acceptance of Terms

By accessing our website, submitting an enquiry form, or engaging our services, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions. If you do not agree with any part of these terms, we ask that you refrain from using our website or services.

You confirm that you are at least 18 years of age and possess the legal capacity to enter into binding agreements under Malaysian law. If you are engaging our services on behalf of a business entity, you warrant that you have the authority to bind that entity to this Agreement.

3. Description of Services

fermatat provides professional legal advisory services in the following areas:

Immigration and Work Permit Advisory: Guidance on Employment Pass, Dependent Pass, Professional Visit Pass, and MM2H applications under the Immigration Act 1959/63, including documentation preparation and liaison with the Immigration Department of Malaysia.

Intellectual Property Registration: Trademark registration under the Trademarks Act 2019, patent filing, industrial design registration, and copyright advisory through the Intellectual Property Corporation of Malaysia (MyIPO).

Regulatory Compliance Consultation: Compliance audits, gap analysis, and advisory services relating to Bank Negara Malaysia, MCMC, MDEC, and MIDA regulatory frameworks.

Our services are available to individuals and businesses operating within or seeking to operate within Malaysia. Specific service availability may vary depending on the nature and complexity of each matter.

4. Engagement and Client Responsibilities

A formal client-advisor relationship commences only when both parties sign an engagement letter or service agreement, and any applicable initial fees have been received. Preliminary enquiries or discussions do not create an advisory relationship.

As a client, you agree to:

Provide Accurate Information: Supply all documents, facts, and information relevant to your matter in a timely and truthful manner. Inaccurate or incomplete information may affect the quality and outcome of our advisory work.

Cooperate with Reasonable Requests: Respond to our queries and provide additional documentation when requested, within reasonable timeframes.

Comply with Applicable Laws: Ensure that your own activities and the objectives of any engagement remain lawful under Malaysian and applicable international legislation.

Honour Payment Obligations: Settle all invoices within the agreed payment terms as outlined in your engagement letter.

5. Acceptable Use of Website

When using our website, you agree not to:

Attempt to gain unauthorised access to any part of the website, its servers, or connected systems. Transmit any material that is defamatory, threatening, obscene, or otherwise objectionable. Use automated tools to scrape, copy, or harvest content from the website without prior written permission. Impersonate any person or entity, or misrepresent your affiliation with any organisation. Interfere with or disrupt the operation of the website or the servers hosting it.

We reserve the right to restrict access to our website if we reasonably believe these conditions have been breached.

6. Intellectual Property

All content on this website — including text, graphics, logos, icons, layout, and design — is the property of fermatat or its content providers and is protected under Malaysian intellectual property laws and applicable international treaties.

You are granted a limited, non-transferable right to access and view the content on this website for personal, non-commercial purposes. You may not reproduce, distribute, modify, create derivative works from, or publicly display any content from this website without our prior written consent.

Our name, logo, and service marks are proprietary to fermatat. Nothing on this website should be interpreted as granting any licence or right to use any mark displayed on the site.

7. Fees and Payment

Fees for our services are outlined during the engagement process and confirmed in writing through an engagement letter or service proposal. The following general terms apply:

Currency: All fees are quoted in Malaysian Ringgit (RM) unless otherwise stated.

Payment Methods: We accept payment by bank transfer, online transfer, and such other methods as communicated during engagement.

Payment Schedule: Payment terms are specified in each engagement letter. Where an upfront deposit is required, work will commence upon receipt of that deposit.

Late Payment: Invoices not settled within the agreed period may incur reasonable administrative charges. We may also pause ongoing work until outstanding payments are received.

Refund Policy: Fees paid for completed work or work already in progress are generally non-refundable. If an engagement is terminated before completion, fees will be calculated on a pro-rata basis for work performed up to the date of termination. Any remaining balance will be returned to you within 30 business days.

8. Service-Specific Terms

Immigration Advisory: Processing times for immigration applications are determined by the Immigration Department of Malaysia and fall outside our control. While we prepare and submit applications with care, we cannot guarantee any particular outcome or timeline. Government fees, levies, and third-party charges are the responsibility of the client and are separate from our advisory fees.

IP Registration: The outcome of trademark, patent, or design applications is determined by MyIPO. Our role is to prepare and file applications to the highest standard and manage correspondence with the registrar. Registration is subject to the assessment criteria of the relevant legislation. Third-party filing fees and government charges are billed separately.

Regulatory Compliance: Our compliance advisory is based on our professional understanding of current regulatory requirements. Regulations may change, and our advice reflects the regulatory landscape at the time of delivery. Ongoing retainer arrangements include updates as regulations evolve, subject to the scope agreed in your engagement letter.

9. Confidentiality

We treat all information shared with us during the course of an engagement as confidential. We will not disclose your information to third parties without your consent, except where disclosure is required by Malaysian law, a court order, or a regulatory body with jurisdiction over our practice.

This obligation of confidentiality survives the termination of the engagement and continues indefinitely.

10. Disclaimers

The information provided on this website is intended for general informational purposes and does not constitute legal advice. The content should not be relied upon as a substitute for professional advice tailored to your specific circumstances.

While we make every effort to keep the website content accurate and current, we do not warrant that the information is complete, up-to-date, or free from errors. The website is provided on an "as is" and "as available" basis.

We do not warrant specific outcomes for any legal matter. The outcome of legal proceedings, government applications, and regulatory processes depends on many factors beyond our control, including the decisions of government bodies and third parties.

11. Limitation of Liability

To the fullest extent permitted by Malaysian law, fermatat's liability to you in connection with our services or your use of this website shall not exceed the total fees paid by you for the specific engagement giving rise to the claim.

We shall not be liable for any indirect, incidental, consequential, or special damages, including loss of profits, data, business opportunity, or goodwill, arising from or in connection with our services or this website.

Nothing in these terms excludes or limits liability that cannot be excluded under applicable Malaysian law, including liability for fraud or wilful misconduct.

12. Indemnification

You agree to indemnify and hold harmless fermatat, its partners, employees, and agents from any claims, losses, damages, liabilities, and expenses (including legal fees) arising from your breach of these Terms and Conditions, your misuse of our website, or any inaccurate or misleading information you provide during an engagement.

13. Termination

Either party may terminate an engagement by providing written notice to the other party. Where you terminate an engagement, fees for work completed up to the date of termination remain payable.

We reserve the right to terminate or suspend an engagement if: you fail to meet your payment obligations after reasonable notice; you provide materially false or misleading information; continued engagement would place us in conflict with our professional or ethical obligations; or you request that we act in a manner contrary to law.

Upon termination, we will return any original documents provided by you and provide a summary of the work completed. Sections of these terms relating to confidentiality, intellectual property, limitation of liability, indemnification, and governing law will survive termination.

14. Force Majeure

fermatat shall not be held liable for any delay or failure in performing our obligations where such delay or failure results from circumstances beyond our reasonable control. This includes, but is not limited to, natural disasters, pandemics, government actions, changes in law or regulation, strikes, civil unrest, or disruptions to electronic communications infrastructure.

15. Dispute Resolution

Governing Law: These Terms and Conditions are governed by and construed in accordance with the laws of Malaysia.

Informal Resolution: In the event of any dispute arising from these terms or our services, both parties agree to first attempt resolution through good-faith discussion. Either party may initiate this by sending a written notice describing the nature of the dispute to the other party.

Mediation: If informal resolution is not achieved within thirty (30) days, either party may refer the dispute to mediation conducted in Kuala Lumpur under the rules of the Asian International Arbitration Centre (AIAC).

Jurisdiction: Should mediation not resolve the matter, the courts of Malaysia shall have jurisdiction to hear and determine the dispute.

16. General Provisions

Entire Agreement: These Terms and Conditions, together with any engagement letter, form the complete agreement between you and fermatat regarding the subject matter herein and supersede any prior discussions or agreements.

Severability: If any provision of these terms is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

Waiver: A failure by fermatat to exercise or enforce any right under these terms does not constitute a waiver of that right.

Assignment: You may not assign or transfer your rights or obligations under these terms without our prior written consent. fermatat may assign its rights and obligations where reasonably necessary for business continuity.

Notices: Any notices under these terms should be sent in writing by email to [email protected] or by post to our registered address.

17. Changes to These Terms

We may revise these Terms and Conditions from time to time to reflect changes in our services, legal requirements, or business practices. The revised terms will be posted on this page with an updated "Last Updated" date. Your continued use of our website or services after changes are published constitutes acceptance of the revised terms.

For material changes that significantly affect your rights or obligations, we will make reasonable efforts to notify you in advance through the contact details you have provided.

18. Contact Information

fermatat Legal Services

Address: 47 Persiaran Stonor, 50450 Kuala Lumpur, Malaysia

Email: [email protected]

Phone: +60 3-2171 4938

If you have any questions about these Terms and Conditions, please do not hesitate to reach out to us using the contact details above.