Terms & Conditions

1. About These Terms

These terms apply to all advisory services provided by Nomera ("Nomera", "we", "us", "our") to clients ("you", "your") who engage us for employment law advisory work in Malaysia. By proceeding with an engagement, you agree to these terms alongside the engagement letter that governs the specific scope and fees for your matter.

In the event of a conflict between these general terms and the engagement letter, the engagement letter prevails for that specific matter. If you have questions about any provision, please contact us before the engagement commences.

2. Services Provided

Nomera provides employment law advisory services, including workplace policy and employment contract review, disciplinary and termination advisory, and the industrial relations and compliance programme described on our website. Services are described in full in the engagement letter issued at the start of each matter.

Nomera is an advisory practice. The information and documents we provide constitute advisory notes and do not constitute legal advice from a legal practitioner within the meaning of the Legal Profession Act 1976. Where a matter requires the involvement of a practising advocate and solicitor, we will advise you accordingly.

3. Engagement Letter and Scope

Each engagement is governed by a written engagement letter which sets out the scope of work, the applicable fee, the expected timeline, and any specific terms that apply to that matter. Work will only commence once the engagement letter has been agreed.

Any work that falls outside the scope set out in the engagement letter will be discussed with you before it is undertaken. Additional work will be charged at the rates or fees agreed in writing before the work proceeds. We will not undertake out-of-scope work without prior written agreement.

4. Fees and Payment

Fees for each engagement are set out in the engagement letter. Fees are stated in Malaysian Ringgit (RM) and are inclusive of the scope described. Unless otherwise stated, fees are exclusive of any taxes or duties that may apply.

Invoices are payable within 14 days of issue unless a different payment schedule is agreed in writing. For the industrial relations and compliance programme, monthly fees are payable in advance at the start of each calendar month.

Where an invoice remains unpaid beyond the agreed payment period, we reserve the right to suspend work on the engagement until the outstanding amount is settled. We may also charge interest on overdue amounts at a rate of 1% per month from the due date.

5. Your Obligations

To enable us to deliver the engagement effectively, you agree to:

• Provide accurate and complete information and documents relevant to the matter
• Notify us promptly of any material changes in circumstances that affect the engagement
• Respond to reasonable requests for information or documents within the timelines we agree
• Not use the advisory notes or documents we prepare for any purpose other than the matter they were prepared for, without our written consent
• Comply with applicable Malaysian law in connection with any employment matter in which we are advising

We are not responsible for any adverse outcome arising from inaccurate, incomplete, or withheld information that would have been material to our advisory had it been disclosed.

6. Confidentiality

We treat all information received in the course of an engagement as confidential. We will not disclose your information to third parties without your consent, except where required by law, by court order, or by a regulatory authority with jurisdiction.

This obligation of confidentiality does not apply to information that is or becomes publicly available through no act or omission on our part, or to information we are legally required to disclose.

7. Intellectual Property

All written advisory notes, document drafts, templates, and other materials we prepare in the course of an engagement remain the intellectual property of Nomera until the relevant invoice has been paid in full. Upon payment, you receive a non-exclusive licence to use those materials for the purpose for which they were prepared.

You may not reproduce, distribute, or adapt our materials for use in a different matter or by a third party without our written consent.

8. Limitation of Liability

Our liability to you in connection with any engagement is limited to the fees paid by you for that specific engagement. We are not liable for any indirect, consequential, or special loss arising from our advisory, including any outcome before the Industrial Relations Department, the Industrial Court, or any other forum.

Nothing in these terms limits our liability for fraud, gross negligence, or for any matter where limitation of liability is not permitted by applicable law.

9. Termination of Engagement

Either party may terminate an engagement by giving seven days' written notice. You remain liable for fees in respect of work completed up to the date of termination. For the compliance programme, the monthly retainer is payable in full for the month in which notice is given.

We reserve the right to terminate an engagement with immediate effect if you fail to provide information that we have requested and that is necessary for the work, if you instruct us to act in a manner that would be unlawful, or if an invoice remains unpaid for more than 30 days beyond the due date.

10. No Guarantee of Outcome

We provide considered advisory based on the facts and documents presented to us and our understanding of current Malaysian employment law. We do not represent or warrant that any particular outcome will be achieved. Employment disputes and proceedings involve factors outside our control, and the result of any conciliation, negotiation, or hearing may differ from what our advisory suggested was likely.

11. Governing Law and Jurisdiction

These terms and any engagement governed by them are subject to Malaysian law. Any dispute arising from or in connection with an engagement will be submitted to the jurisdiction of the courts of Malaysia, with the courts of Kuala Lumpur having non-exclusive jurisdiction.

12. Changes to These Terms

We may update these terms from time to time. The version in force at the date your engagement letter is issued governs that engagement. Updates will be reflected by the "Last updated" date at the top of this page.

13. Contact

Nomera, 8-3, Plaza Damas, Jalan Sri Hartamas 1, Sri Hartamas, 50480 Kuala Lumpur.

Phone: +60 3-6273 8194

Email: [email protected]