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Terms & Conditions

Saksama Legal  ·  Effective Date: 7 April 2025  ·  Last Updated: 29 April 2025

These terms apply to all persons who access this website or engage the firm's services.

1. Definitions

In these Terms and Conditions, the following terms have the meanings given below:

2. Acceptance of Terms

By accessing this Website or by engaging the Firm to perform legal services, you confirm that you have read, understood, and agree to be bound by these Terms and Conditions. If you do not agree to these terms, please refrain from using this Website or engaging the Firm's services.

Persons engaging the Firm's services must be of legal age (18 years or older) and possess the legal capacity to enter into binding agreements under Malaysian law. Where a Client is a company or other incorporated body, the individual making instructions warrants that they are duly authorised to bind that entity.

3. Nature of Services

Saksama Legal is a legal practice operating in Kuching, Sarawak and providing services in connection with Malaysian law. The Firm's primary areas of practice are conveyancing and property transactions, will drafting and probate matters, and preliminary legal consultations. The Firm does not practise in all areas of law; where a matter falls outside the Firm's practice areas, the Firm will advise the Client accordingly.

All legal services are subject to a written engagement letter confirming the scope, fee arrangement, and other relevant terms. The Website does not constitute legal advice; no solicitor-client relationship arises from browsing the Website alone.

The Firm's services are principally directed at matters governed by the laws of Malaysia. Where a matter has cross-border dimensions, the Firm will advise on the extent to which it can assist.

4. Engagement and Instructions

An Engagement commences when the Firm and the Client have agreed the scope of work in writing and, where applicable, the Client has provided any required payment on account or identification documents. The Firm reserves the right to decline to accept instructions at its professional discretion.

The Client is required to provide instructions and information promptly and accurately. Delays attributable to the Client's failure to provide instructions or documentation may affect the progression of the matter and may give rise to additional costs.

The Firm operates in compliance with the Legal Profession Act 1976 (Sabah and Sarawak) and the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001 (AMLATFPUAA). The Firm is required by law to verify the identity of clients and, where applicable, to conduct customer due diligence before accepting instructions.

5. User Responsibilities

In using this Website and in dealings with the Firm, you agree to:

The Firm may discontinue access to the Website or terminate an engagement where a user or client is found to have breached these responsibilities.

6. Intellectual Property

All content on this Website, including text, layout, typographic design, and identifying materials, is the property of Saksama Legal or its licensors and is protected under Malaysian and international intellectual property law. Nothing on this Website transfers any intellectual property rights to the user.

Users are granted a limited, non-exclusive, non-transferable licence to access and read the Website for personal information purposes only. Reproduction, distribution, or commercial use of Website content without the Firm's express written consent is not permitted.

Advice, opinion letters, draft documents, and other written work product prepared by the Firm in the course of an Engagement are delivered to the Client for the purposes of that Engagement only. The Firm retains copyright in all work product; further use or redistribution requires the Firm's prior consent.

7. Fees and Payment

The Firm's fees are quoted in Malaysian Ringgit (MYR). Standard indicative fees for the Firm's principal services are as follows:

Fees are confirmed in the Engagement letter prior to the commencement of work. Disbursements (including stamp duty, court filing fees, land registry charges, and other statutory payments) are charged separately and are not included in quoted professional fees unless expressly stated.

Payment terms are as set out in the Engagement letter. The Firm may require a payment on account before commencing work. Unpaid fees may, after notice, be the subject of enforcement proceedings.

8. Confidentiality

The Firm maintains strict professional duties of confidentiality in relation to client information, consistent with the obligations imposed by the Bar Council Malaysia and the relevant professional conduct rules. Client information will not be disclosed to third parties except where required by law, compelled by a court order, or where disclosure is necessary for the proper conduct of the Engagement with the Client's knowledge.

Communications transmitted by email are not fully secure. Where confidential information is to be exchanged, the Firm may suggest more secure methods of transmission.

9. Disclaimers

The content on this Website is provided for general information purposes only. It does not constitute legal advice and should not be relied upon as such. Legal outcomes depend on the facts and circumstances of each matter; information on this Website does not substitute for advice sought in the context of a specific engagement.

The Firm takes reasonable care to keep Website content accurate and current, but makes no representations as to its completeness or currency. The law changes; readers should verify the applicable law at the time of their enquiry.

Links to third-party websites are provided for convenience only. The Firm does not endorse or accept responsibility for the content of linked sites.

10. Limitation of Liability

The Firm's liability to a Client arising out of an Engagement is limited to the amount of professional fees paid by that Client in respect of the specific matter giving rise to the claim, save where liability cannot lawfully be excluded or limited (for example, in cases of fraud or personal injury caused by negligence).

The Firm shall not be liable for indirect, consequential, or economic losses arising from reliance on Website content or from delays or errors outside the Firm's reasonable control. The Firm maintains professional indemnity insurance as required under Malaysian professional conduct rules.

Nothing in these Terms excludes or limits liability that cannot be excluded by applicable Malaysian law.

11. Indemnification

The Client agrees to indemnify and hold harmless the Firm and its practitioners from any claims, losses, costs, or liability (including reasonable legal costs) arising from the Client's provision of inaccurate or misleading information, the Client's breach of these Terms, or the Client's misuse of advice or work product outside the scope for which it was provided.

12. Termination of Engagement

Either party may terminate an Engagement by written notice. The Firm may terminate an engagement where continuing to act would put the Firm in breach of its professional obligations, where the Client fails to provide instructions or payment as agreed, or where the Firm loses confidence in the accuracy of information provided by the Client.

On termination, the Client's file will be held in accordance with the Firm's retention policy and released in accordance with the applicable professional rules. Fees are payable for work performed up to the date of termination. Terms relating to confidentiality, intellectual property, and dispute resolution survive the termination of an Engagement.

13. Dispute Resolution

These Terms and Conditions and any Engagement are governed by the laws of Malaysia. The parties agree that any dispute arising in connection with these Terms or an Engagement will first be subject to good-faith discussions between the parties with a view to resolution without recourse to formal proceedings.

Where informal resolution is not achieved within thirty days of a written notice of dispute, either party may refer the matter to the courts of Malaysia. The parties submit to the non-exclusive jurisdiction of the courts of Malaysia, and specifically to the courts at Kuching, Sarawak, as a venue of first instance.

Clients who have a complaint about the Firm's conduct may also refer the matter to the Advocates Association of Sarawak or the relevant professional regulatory body.

14. General Provisions

Entire Agreement: These Terms, read together with any Engagement letter, constitute the entire agreement between the Firm and the Client with respect to the subject matter and supersede all prior representations or agreements, whether written or oral.

Severability: If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions continue in full force and effect.

Waiver: The Firm's failure to enforce any provision of these Terms on a given occasion does not constitute a waiver of that provision on any subsequent occasion.

Assignment: The Client may not assign or transfer rights or obligations under an Engagement without the Firm's prior written consent. The Firm may assign obligations to another qualified practitioner within the Firm where appropriate.

Notices: Formal notices under these Terms may be delivered by email to the address on record or by post to 14, Jalan Padungan, 93100 Kuching, Sarawak. Notices are effective upon confirmed receipt.

15. Changes to These Terms

The Firm may update these Terms from time to time to reflect changes in law or professional practice. The revised Terms will be published on this Website with an updated effective date. Engagements commenced prior to a revision are governed by the Terms in force at the time the Engagement letter was issued, unless the parties agree otherwise.

Continued use of the Website after revised Terms are published constitutes acceptance of the revised Terms in relation to Website use.

16. Contact

Queries regarding these Terms should be directed to:

Saksama Legal
14, Jalan Padungan, 93100 Kuching, Sarawak, Malaysia
Email: [email protected]
Tel: +60 82-426 7193