Terms & Conditions

1. Parties and Agreement

These Terms & Conditions ("Terms") govern the relationship between Duskberry ("we", "us", "our") and any individual or organisation ("Client", "you") that engages our consulting services or uses this website. By engaging our services or accessing this website, you acknowledge that you have read and understood these Terms.

Our registered business address is 15 Jalan Telawi 3, Bangsar, 59100 Kuala Lumpur, Malaysia.

2. Scope of Services

We provide professional consulting services in the areas of risk assessment, compliance review, and business continuity planning. The specific deliverables, timeline, and fees for any engagement are set out in a written Statement of Work ("SOW") or service proposal agreed between both parties prior to commencement.

Services will be delivered in accordance with the agreed SOW. Any material changes to scope, timeline, or deliverables must be agreed in writing by both parties.

3. Fees and Payment

• Fees are stated in Malaysian Ringgit (RM) and are exclusive of any applicable taxes unless otherwise stated in the SOW.
• A deposit of 50% of the total engagement fee is due upon signing of the SOW. The remaining balance is due upon delivery of final deliverables.
• Invoices are payable within 14 calendar days of the invoice date.
• Late payments may incur interest at 1.5% per month on the outstanding amount.
• We reserve the right to pause work on engagements where payment is materially overdue and we have provided written notice.

4. Client Responsibilities

The quality and accuracy of our work depends in part on the information, access, and cooperation we receive from you. You agree to:

• Provide accurate and complete information relevant to the engagement in a timely manner
• Designate a point of contact who has authority to make decisions during the engagement
• Provide reasonable access to relevant personnel, documentation, and systems as needed
• Review and respond to drafts or queries within agreed timeframes

Delays caused by late provision of required information or access may affect agreed timelines and are not attributable to us.

5. Intellectual Property

Upon receipt of full payment for an engagement, ownership of the final deliverables prepared specifically for your organisation transfers to you. You may use these deliverables for your internal business purposes.

We retain ownership of all methodologies, frameworks, templates, and general knowledge developed or refined during our work. Nothing in these Terms limits our ability to use such general knowledge in future engagements.

You grant us a limited licence to use your name and a brief description of the engagement type (not confidential details) for our own portfolio and business development purposes, unless you request otherwise in writing.

6. Confidentiality

Both parties agree to treat as confidential any non-public information received from the other party in connection with the engagement. Confidential information shall not be disclosed to third parties without prior written consent, except:

• Where required by applicable law or a regulatory authority
• Where the information was already in the public domain through no breach of this agreement
• To professional advisers bound by equivalent confidentiality obligations

This obligation survives the termination of any engagement for a period of three years.

7. Limitation of Liability

Our services involve professional judgement applied to information you provide. While we exercise reasonable care and skill, the outputs of our engagements are recommendations and analyses — not guarantees of any particular outcome.

To the fullest extent permitted by Malaysian law:

• Our total liability to you in connection with any engagement shall not exceed the total fees paid for that specific engagement
• We are not liable for indirect, consequential, or speculative losses
• We are not liable for losses arising from your use or implementation of our recommendations in ways not contemplated by the agreed deliverables

8. Termination

Either party may terminate an engagement by giving 14 days written notice. In the event of termination:

• You will be invoiced for work completed up to the termination date on a pro-rata basis
• Any deposit paid is non-refundable if work has commenced, except where we are in material breach
• All deliverables completed and paid for remain yours; work in progress at termination will be provided in its current state

We may terminate immediately if you are in material breach of these Terms and have not remedied the breach within 7 days of written notice.

9. Website Use

This website is provided for informational purposes. You may use it for lawful purposes consistent with these Terms. You agree not to:

• Use the website in any way that could damage, disable, or impair its operation
• Attempt to gain unauthorised access to any system or data connected to the website
• Use the website to transmit unsolicited communications or harmful content

We reserve the right to update or withdraw website content at any time without notice. Links to third-party websites are provided for convenience; we do not endorse their content.

10. Governing Law

These Terms are governed by and construed in accordance with the laws of Malaysia. Any disputes arising from these Terms or an engagement shall be subject to the exclusive jurisdiction of the courts of Malaysia.

Where possible, we prefer to resolve disputes informally. If you have a concern, please contact us at legal@duskberryd before initiating formal proceedings.

11. Changes to These Terms

We may update these Terms periodically. The current version will always be available on this page with a revised "Last Updated" date. Your continued use of the website or engagement of services after such changes constitutes your acceptance of the updated Terms.

12. Contact

For questions about these Terms: