Terms & Conditions

1. Definitions

"Services" refers to the business consulting services provided by Tessera Fold, including but not limited to Organizational Structure Review, Stakeholder Engagement Strategy, and Growth Readiness Assessment.

"Client" or "You" refers to the organization or individual engaging Tessera Fold for consulting services.

"We", "Us", or "Our" refers to Tessera Fold.

"Agreement" refers to the formal engagement letter or contract executed between Tessera Fold and the Client, which incorporates these Terms and Conditions by reference.

2. Acceptance of Terms

By engaging our services or using our website, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions. If you do not agree to these terms, you should not use our services or website.

You represent that you have the authority to enter into this agreement on behalf of your organization if you are acting in a representative capacity.

3. Services Description

Tessera Fold provides business consulting services focused on organizational structure, stakeholder engagement, and growth readiness. The specific scope, deliverables, timeline, and fees for each engagement are defined in a separate engagement letter or proposal.

Our services are advisory in nature. We provide recommendations based on analysis and professional judgment, but implementation decisions and outcomes remain the responsibility of the Client.

4. Engagement Process

4.1 Scope Confirmation

Each engagement begins with an initial consultation to understand your needs and determine whether our services are appropriate. If both parties agree to proceed, we will provide a written proposal outlining scope, deliverables, timeline, and fees.

4.2 Client Responsibilities

You agree to provide timely access to personnel, documentation, and information reasonably necessary for us to perform the services. Delays in providing requested information may affect project timelines.

You are responsible for the accuracy and completeness of information provided to us. We will rely on this information in good faith when developing our recommendations.

5. Fees and Payment

5.1 Fee Structure

Our fees are specified in the engagement letter for each project. Unless otherwise stated, fees are fixed for the agreed scope of work. Any changes to scope that affect fees will be discussed and agreed upon in writing before proceeding.

5.2 Payment Terms

Payment terms are specified in each engagement letter. Typically, we require a deposit upon engagement commencement, with the balance due upon delivery of final deliverables. All fees are stated in Malaysian Ringgit (RM) unless otherwise specified.

Invoices not paid within 30 days of issue may be subject to late payment charges at the rate of 1.5% per month on the outstanding balance.

5.3 Expenses

Unless otherwise stated, our fees include normal business expenses. Significant travel or other expenses will be discussed and approved before being incurred.

6. Intellectual Property

6.1 Deliverables

Upon full payment, you receive a non-exclusive, non-transferable license to use the deliverables we provide for your internal business purposes. You may not distribute, sell, or sublicense these materials to third parties.

6.2 Our Methodologies

Our proprietary methodologies, frameworks, tools, and processes remain our intellectual property. The license granted to you does not include rights to these underlying methodologies.

6.3 Client Information

You retain all rights to your organizational information, data, and materials. By providing this information to us, you grant us a limited license to use it for the purposes of performing the services.

7. Confidentiality

We maintain strict confidentiality regarding all client information. We will not disclose client data, engagement details, or recommendations to third parties without your explicit consent, except as required by law or professional regulations.

This confidentiality obligation continues indefinitely after the engagement concludes.

You agree to maintain confidentiality regarding our methodologies, tools, and any proprietary information we share during the engagement.

8. Warranties and Disclaimers

8.1 Our Commitment

We will perform services with reasonable care and skill consistent with professional consulting standards. Our recommendations are based on information available at the time of the engagement and our professional judgment.

8.2 No Guarantees

We do not guarantee specific results or outcomes. Business consulting involves analysis of complex situations where outcomes depend on factors beyond our control, including implementation decisions, market conditions, and organizational circumstances.

Our services are provided "as is" without warranties of any kind, express or implied, except as specifically stated in the engagement letter.

9. Limitation of Liability

Our total liability arising from or related to any engagement, whether in contract, tort, or otherwise, shall not exceed the total fees paid by you for that specific engagement.

We shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, loss of business opportunity, or loss of data.

These limitations apply to the fullest extent permitted by Malaysian law.

10. Indemnification

You agree to indemnify and hold harmless Tessera Fold, its consultants, and affiliates from any claims, damages, or expenses arising from your use of our services or deliverables, except to the extent caused by our negligence or willful misconduct.

11. Termination

11.1 Termination by Either Party

Either party may terminate an engagement with 14 days written notice. Upon termination, you will pay for all work completed up to the termination date, calculated on a pro-rata basis if applicable.

11.2 Effect of Termination

Upon termination, we will provide you with work-in-progress and preliminary findings, though these may be incomplete. Confidentiality obligations survive termination.

12. Dispute Resolution

12.1 Governing Law

These Terms and Conditions are governed by the laws of Malaysia. Any disputes shall be subject to the exclusive jurisdiction of the courts of Malaysia.

12.2 Informal Resolution

Before initiating formal proceedings, parties agree to attempt to resolve disputes through good faith negotiations. If a dispute cannot be resolved within 30 days of notification, either party may pursue formal remedies.

13. General Provisions

13.1 Entire Agreement

These Terms and Conditions, together with the engagement letter, constitute the entire agreement between the parties regarding the services, superseding any prior understandings or agreements.

13.2 Severability

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

13.3 Waiver

Our failure to enforce any provision shall not constitute a waiver of that provision or our right to enforce it in the future.

13.4 Assignment

You may not assign your rights or obligations under this agreement without our prior written consent. We may assign our rights to a successor entity in the event of a merger or sale of business.

14. Changes to Terms

We may update these Terms and Conditions from time to time. Changes become effective upon posting to our website. Continued use of our services after changes are posted constitutes acceptance of the modified terms.

For active engagements, changes will not affect the terms agreed upon in the engagement letter unless both parties agree to modifications in writing.

15. Contact Information

For questions about these Terms and Conditions, please contact:

Tessera Fold

Email: [email protected]

Address: 7 Jalan Sultan Ismail, 50250 Kuala Lumpur, Malaysia

Phone: +60 3-2148 5972