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Legal · Engagement Terms

Terms & Conditions

Last Updated: 28 March 2025  ·  Effective Date: 28 March 2025

These Terms and Conditions govern your access to and use of the sumerisxxad website at sumerisxxad.pro, as well as the engagement of services provided by sumerisxxad ("we," "us," "our"), a commercial litigation practice registered with the Malaysian Bar, with offices at Suite 22-1, Wisma UOA II, Jalan Pinang, 50450 Kuala Lumpur.

By using this website or submitting an enquiry, you confirm that you have read, understood, and agree to be bound by these terms. If you do not agree, please do not use this website or submit an enquiry.

These terms are governed by the laws of Malaysia. Any dispute arising from them is subject to the jurisdiction of the courts of Malaysia, with Kuala Lumpur as the preferred seat.

Clause 1

Definitions

In these Terms and Conditions, the following terms carry the meanings set out below:

"Agreement"

These Terms and Conditions, together with any engagement letter or written scope of work issued by sumerisxxad.

"Engagement"

A confirmed professional services arrangement between sumerisxxad and a Client, formed when both parties have agreed in writing to the scope and terms of a matter.

"Client"

Any individual or corporate entity that has formed an Engagement with sumerisxxad.

"Services"

The legal and advisory services described on this website and in any engagement letter, including pre-litigation assessment, court litigation, and portfolio dispute management.

"Website"

The website operated by sumerisxxad at sumerisxxad.pro and all pages within it.

"User"

Any person accessing or browsing the Website, whether or not they submit an enquiry.

Clause 2

Acceptance of Terms

Use of this Website or submission of an enquiry form constitutes acceptance of these Terms. You confirm that you are at least 18 years of age and, where acting on behalf of a company or other entity, that you have authority to bind that entity to these Terms.

The formation of an Engagement requires a separate written agreement between sumerisxxad and the Client. Submission of an enquiry does not constitute a retainer, create a solicitor-client relationship, or oblige sumerisxxad to accept the matter.

Clause 3

Service Description

sumerisxxad offers three service engagements, each described in detail on this Website and summarised below:

Pre-Litigation Assessment and Strategy Engagement

A written advisory on the merits and options available in a potential or notified dispute, together with a letter of demand or response where appropriate. Fee from RM 720.

High Court and Sessions Court Litigation Engagement

Conduct of a matter from pleadings through trial in the Malaysian superior courts or sessions court, with regular written updates throughout. Fee from RM 1,600.

Comprehensive Dispute Portfolio and Recovery Programme

Portfolio-level management of multiple disputes, with quarterly written reporting and coordinated recovery strategy. Fee from RM 2,250.

Services are available to businesses and individuals in Malaysia. We reserve the right to decline any engagement without providing reasons.

Clause 4

User Responsibilities

When using this Website or engaging our Services, you agree to:

  • Provide accurate, complete, and current information in any enquiry or engagement instruction.
  • Inform us promptly of any change in your circumstances, instructions, or any material fact relevant to your matter.
  • Not use this Website for any unlawful purpose, including attempting to gain unauthorised access to any part of it.
  • Not reproduce, distribute, or commercially exploit any content from this Website without our written consent.
  • Cooperate with our professional obligations, including providing documents and instructions within agreed timeframes.

Clause 5

Intellectual Property

All content on this Website — including text, structure, design, and presentation — is the property of sumerisxxad or used with permission. No part of this Website may be reproduced or adapted for commercial use without our prior written consent.

Documents, letters, and advice produced by sumerisxxad in the course of an Engagement remain the intellectual property of sumerisxxad until all fees in respect of that Engagement have been settled in full. Upon settlement, the work product is delivered to the Client for the purposes of that matter.

You may print or save pages from this Website for your own personal reference. Use beyond this requires written consent.

Clause 6

Fees and Payment

Fees for each engagement are set out in the relevant engagement letter. The indicative fees displayed on this Website represent a starting point; the precise fee for any matter will be confirmed in writing before work commences.

  • All fees are stated in Malaysian Ringgit (MYR) and are exclusive of any applicable taxes unless stated otherwise.
  • Invoices are payable within 14 days of issue unless an alternative arrangement is confirmed in writing.
  • Disbursements (filing fees, process server charges, and similar) are billed separately at cost.
  • We do not offer refunds for work already performed. Where an engagement is terminated before completion, fees are payable for work done to the date of termination.

Fee arrangements, billing cycles, and any alternative structures are matters to be agreed in the engagement letter.

Clause 7

Engagement-Specific Terms

The following terms apply specifically to service engagements:

  • Scope: each engagement is scoped in the engagement letter. Work outside that scope requires a written variation agreed by both parties.
  • Instructions: we act on the instructions of the Client or their authorised representative. Where instructions are ambiguous, we will seek clarification before proceeding.
  • Settlement: we will present settlement opportunities to the Client as they arise. The decision whether to settle rests with the Client at all times.
  • File access: upon request, Clients are entitled to receive copies of their file documents. Originals remain with sumerisxxad until the matter is closed and all fees are settled.
  • Timelines: we will provide our assessment of likely timelines, but cannot be held responsible for delays arising from court listing, third-party conduct, or circumstances outside our control.

Clause 8

Confidentiality

We maintain the confidentiality of all information received from Clients in the course of an Engagement as part of our professional obligations under the Legal Profession Act 1976 and Bar Council rules. This obligation continues after the conclusion of any engagement.

Where disclosure is required by law, court order, or regulatory requirement, we will notify the Client where we are permitted to do so before complying.

Clause 9

Disclaimers

The content of this Website is provided for general information only and does not constitute legal advice. No solicitor-client relationship is formed by your use of this Website.

Whilst we take care to keep the information on this Website accurate and current, we do not represent that it reflects the current state of Malaysian law in all respects. Legal and procedural rules change, and specific advice should always be sought for a specific matter.

Past outcomes on matters we have handled are not a reliable indicator of future results. The outcome of any litigation depends on many factors beyond any one party's control.

Clause 10

Limitation of Liability

To the extent permitted by Malaysian law, our total liability to you arising from these Terms or any Engagement shall not exceed the total fees paid by you in respect of the specific matter giving rise to the claim.

We do not accept liability for indirect, consequential, or special loss, including loss of revenue, anticipated savings, or business opportunity, whether arising from breach of contract, negligence, or otherwise.

Nothing in these Terms limits liability for fraud, wilful misconduct, or any liability that cannot be excluded under Malaysian law.

Clause 11

Termination

Either party may terminate an Engagement by giving written notice to the other. Where notice is given mid-matter, sumerisxxad will take reasonable steps to minimise prejudice to the Client's position and will provide a final invoice for work completed to the date of termination.

sumerisxxad may withdraw from an engagement without notice where required by professional rules, including where a conflict of interest arises, where the Client provides instructions that would require us to act improperly, or where fees remain unpaid after reasonable notice.

Clauses relating to confidentiality, intellectual property, fees for work completed, limitation of liability, and dispute resolution survive termination.

Clause 12

Dispute Resolution

These Terms and any Engagement are governed by the laws of Malaysia. Any dispute arising from them is subject to the exclusive jurisdiction of the courts of Malaysia, with Kuala Lumpur as the preferred seat.

Before commencing proceedings, both parties agree to attempt to resolve any dispute through written correspondence and, if necessary, a meeting of the principals. This process should be given a reasonable period, not less than 21 days, before formal steps are taken.

Complaints about our services may also be referred to the Bar Council of Malaysia under its applicable complaints procedures.

Clause 13

General Provisions

  • Entire Agreement: these Terms, together with any engagement letter, constitute the entire agreement between the parties and supersede all prior discussions or representations on the same subject.
  • Severability: if any provision is found to be unenforceable, the remaining provisions continue in full force.
  • Waiver: failure to enforce any provision does not constitute a waiver of the right to enforce it in the future.
  • Assignment: Clients may not assign their rights or obligations under an Engagement without our written consent. We may assign or delegate obligations to another member of the Malaysian Bar where appropriate, after notifying the Client.
  • Notices: formal notices between the parties shall be in writing, delivered by email or post to the addresses confirmed at engagement. Email notices are effective upon receipt of a read receipt or reply.

Clause 14

Changes to These Terms

We may update these Terms from time to time. The current version will always appear at this address on our website. For active Engagements, any material change to the terms of that Engagement will be communicated in writing and will require your agreement before taking effect.

Continued use of this Website after an update to these Terms constitutes acceptance of the revised Terms.