Definitions
For the purposes of these Terms and Conditions, the following definitions apply:
- "Agreement" means these Terms and Conditions together with any engagement letter, proposal, or written scope of work entered into between the parties.
- "We", "Us", "Our", "Havenmark AI" means Havenmark AI Sdn. Bhd., a company incorporated in Malaysia (registered in Kuala Lumpur), with its principal place of business at Level 24, Naza Tower, Platinum Park, 10 Persiaran KLCC, 50088 Kuala Lumpur.
- "You", "Client", "User" means any individual, organisation, or corporate entity that engages with our services, accesses our website, or enters into an arrangement with us.
- "Services" means the advisory, consultation, and programme services provided by Havenmark AI as described in Section 3 of these Terms.
- "Deliverables" means any written papers, reports, assessments, or materials produced and provided to the Client as part of a service engagement.
- "Confidential Information" means any non-public, proprietary, or sensitive information disclosed by either party in connection with an engagement.
- "Website" means the website operated at havenmar and any associated pages.
Acceptance of Terms
By submitting an enquiry, accepting a proposal, or commencing an engagement with Havenmark AI, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.
If you are entering into this Agreement on behalf of an organisation, you represent that you have the authority to bind that organisation to these Terms. If you do not have such authority, you should not proceed.
Engagement with our services is available to individuals and organisations of legal capacity. Where services are engaged for professional or commercial purposes, the engaging party confirms it has the requisite authority and capacity to do so.
We reserve the right to decline any enquiry or engagement at our discretion, without obligation to provide reasons.
Service Description
Havenmark AI provides independent advisory services in the field of artificial intelligence to Malaysian organisations. Our current service offerings comprise:
SVC-001
Conversational Interface Consultation
A structured consultation examining the suitability of a conversational interface for a stated workflow, culminating in a written advisory paper. Fee: MYR 3,500.
SVC-002
Forecasting Model Advisory
An advisory review of an existing or proposed forecasting approach, including a written assessment of its alignment with decision-making requirements. Fee: MYR 4,100.
SVC-003
AI Literacy Programme for Senior Teams
A private four-session programme designed for senior teams, delivered over six weeks. Materials are prepared specifically for each organisation. Fee: MYR 4,800.
Services are delivered primarily in Malaysia and in the English language unless otherwise agreed in writing. We do not operate a continuous online platform and services are provided on an engagement-by-engagement basis.
User Responsibilities
In engaging our services, you agree to:
- Provide accurate, complete, and current information relevant to the scope of the engagement.
- Make available the relevant personnel, data, and context necessary for the advisory work to proceed effectively.
- Review and respond to materials and communications in a timely manner as agreed in the engagement scope.
- Use deliverables only for the purposes for which they were prepared, and within the scope of the engagement.
- Respect the confidential nature of working methods, templates, and internal processes of Havenmark AI.
- Comply with all applicable laws and regulations in your use of our services and any materials derived from them.
You agree not to:
- Reproduce, distribute, or commercialise deliverables without prior written consent.
- Misrepresent the nature or provenance of any advice or written materials produced during an engagement.
- Use any materials in a manner that could mislead third parties or cause reputational harm to Havenmark AI.
Intellectual Property
All intellectual property rights in the methodologies, frameworks, templates, and working practices used by Havenmark AI remain the exclusive property of Havenmark AI Sdn. Bhd., regardless of whether they are disclosed or used in the course of an engagement.
Upon receipt of full payment, the Client is granted a non-exclusive, non-transferable licence to use the specific deliverables produced for their engagement for internal business purposes. This licence does not extend to the underlying methods or frameworks.
The Client retains ownership of all data, documents, and information provided to Havenmark AI for the purposes of an engagement. Such materials will not be reused in other client engagements.
Any feedback, suggestions, or observations provided by the Client in relation to our services may be considered by Havenmark AI without obligation or compensation.
Payment Terms
All fees are quoted and payable in Malaysian Ringgit (MYR) unless otherwise agreed in writing. Published fees reflect standard engagements; bespoke scopes may be priced separately.
Payment arrangements, including schedule and method, will be specified in the engagement letter accompanying each service. As a general approach, a deposit of 50% of the agreed fee is typically required before work commences, with the balance due upon delivery of the final written paper or programme completion.
Invoices are payable within fourteen (14) days of issue. Late payment may result in the suspension of work until the outstanding balance is settled.
Where an engagement is terminated by the Client after work has commenced, fees will be payable for the proportion of work completed at the point of termination, as reasonably assessed by Havenmark AI.
We do not currently offer instalment arrangements or deferred payment unless expressly agreed in writing for a specific engagement.
Service-Specific Terms
The following terms apply to our three service lines in addition to the general terms above:
Consultation Services (SVC-001, SVC-002)
- The scope of each consultation will be agreed in writing prior to commencement. Any request to extend the scope after work has begun may require a revised fee.
- Deliverables take the form of written advisory papers. These represent the considered view of the advisor based on the information provided; they do not constitute legal, financial, or regulatory advice.
- The Client is responsible for validating any technical or commercial conclusions against their own circumstances before acting upon them.
- Where a consultation requires remote sessions, the Client is responsible for providing a stable connection and appropriate access.
AI Literacy Programme (SVC-003)
- The programme is prepared privately for each client organisation and is not reproduced for other clients.
- A minimum group size of three participants is required for the programme to proceed as scheduled.
- Session rescheduling may be requested with a minimum of five working days' notice. Requests made with less notice may not be accommodated.
- Programme materials are provided for use by the enrolled participants only and may not be shared, copied, or distributed externally.
Disclaimers
Our services are provided on the basis of careful professional judgement applied to the information made available during the engagement. We do not warrant any particular outcome, commercial result, or business improvement arising from our advisory work.
Advice and deliverables reflect the state of knowledge and available information at the time of the engagement. The field of artificial intelligence changes over time; we do not undertake to update prior deliverables unless separately agreed.
Our services do not constitute legal, financial, tax, regulatory, or medical advice. Where such specialist advice is required, the Client should engage qualified professionals in the relevant field.
The Website and any materials on it are provided for information only, without warranty of any kind, express or implied.
Limitation of Liability
To the extent permitted by Malaysian law, the total liability of Havenmark AI to any Client in connection with an engagement — whether in contract, tort, or otherwise — shall not exceed the total fees paid by that Client for the specific engagement giving rise to the claim.
Havenmark AI shall not be liable for any indirect, consequential, incidental, or special loss, including loss of profits, loss of data, or loss of business opportunity, even if we were advised of the possibility of such loss.
Nothing in these Terms limits liability for fraud, wilful misconduct, or any matter that cannot be limited under Malaysian law, including the Consumer Protection Act 1999 where applicable.
We are not liable for delays or failures in performance resulting from circumstances outside our reasonable control.
Indemnification
You agree to indemnify and hold harmless Havenmark AI Sdn. Bhd., its directors, advisors, and associates from any claims, losses, or expenses (including reasonable legal costs) arising from:
- Your use of our services in a manner inconsistent with these Terms;
- Your provision of inaccurate or misleading information during an engagement;
- Your use of deliverables beyond the scope of the licence granted; or
- Any breach by you of applicable law or third-party rights.
Termination
Either party may terminate an engagement by providing written notice, subject to the payment terms described in Section 6 for work already performed.
Havenmark AI may suspend or terminate an engagement with immediate effect if:
- The Client fails to make a payment when due and does not remedy this within seven days of notice;
- The Client provides materially false or misleading information; or
- Continuing the engagement would, in our reasonable judgement, be contrary to applicable law or professional standards.
Upon termination, provisions that by their nature should survive — including those relating to intellectual property, limitation of liability, indemnification, and dispute resolution — shall continue to apply.
Dispute Resolution
These Terms are governed by and construed in accordance with the laws of Malaysia. Any dispute arising from or in connection with these Terms or a service engagement shall be subject to the exclusive jurisdiction of the courts of Malaysia.
Before initiating formal proceedings, the parties agree to attempt to resolve any dispute through good-faith discussion. Either party may initiate this process by providing written notice of the dispute to the other, describing the matter in reasonable detail. The parties shall meet (in person or by remote means) within fourteen days of such notice to seek resolution.
If the dispute cannot be resolved through direct discussion, the parties may, by mutual agreement, refer the matter to mediation through the Asian International Arbitration Centre (AIAC) or another agreed body before resorting to litigation.
General Provisions
Entire Agreement. These Terms, together with any written engagement letter or proposal, constitute the entire agreement between the parties concerning the subject matter hereof and supersede all prior discussions, representations, and understandings.
Severability. If any provision of these Terms is found to be invalid, unlawful, or unenforceable, that provision shall be severed and the remaining provisions shall continue in full force.
Waiver. No failure or delay in exercising any right under these Terms constitutes a waiver of that right. A waiver of any breach does not constitute a waiver of any subsequent breach.
Assignment. You may not assign any rights or obligations under these Terms without our prior written consent. We may assign our obligations with reasonable notice to the Client.
Notices. Formal notices under these Terms should be in writing and sent to the addresses specified in the engagement letter, or by email to legal@havenmar for matters directed to Havenmark AI.
Changes to These Terms
We may update these Terms from time to time to reflect changes in our services, applicable law, or operational practice. When we do, we will revise the "Last Updated" date at the head of this document.
For ongoing engagements, material changes will be communicated by email at least fourteen days before they take effect. For new enquiries, the Terms in force at the time of engagement will apply.
Continued use of our services after a revision becomes effective constitutes your acceptance of the updated Terms. If you do not agree with a revision, you should communicate this to us in writing before the effective date.
Contact Information
For questions or correspondence concerning these Terms and Conditions, please contact us:
Havenmark AI Sdn. Bhd.
Level 24, Naza Tower, Platinum Park, 10 Persiaran KLCC, 50088 Kuala Lumpur