Terms & Conditions

1. Definitions

In these Terms and Conditions, the following words carry the meanings set out below:

• "Agreement" means these Terms and Conditions together with any engagement letter, proposal, or written confirmation between the parties.
• "Client" or "You" means any individual, firm, or organisation that commissions services from Mythara Advisory or uses this website.
• "Content" means all written materials, notes, reference cards, workshop outputs, and other documents produced in the course of an engagement.
• "Services" means the consultancy services offered by Mythara Advisory, including Positioning Practice, Workshop Review, and A Single Sketch, as described on this website.
• "We", "Us", or "Our" refers to Mythara Advisory, a business consultancy operating from Suite 22-08, Menara Ansar, Jalan Trus, 80000 Johor Bahru, Johor, Malaysia.
• "Website" means the website operated by Mythara Advisory at mytharaad.biz.

2. Acceptance of Terms

By commissioning services from Mythara Advisory, submitting an enquiry through this website, or continuing to use this website, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.

You must be at least 18 years of age and have the legal capacity to enter into a binding agreement. If you are acting on behalf of an organisation, you confirm that you have authority to bind that organisation.

These terms apply in addition to any written engagement letter or proposal. In the event of a conflict, the engagement letter shall take precedence.

3. Service Description

Mythara Advisory provides positioning and communications consultancy to professional services firms. Our current service offerings are:

Services are provided to clients based in Malaysia and, at our discretion, to clients engaged remotely from other jurisdictions. We reserve the right to decline any engagement without obligation to provide a reason.

Service scope, timelines, and deliverables will be confirmed in writing prior to commencement of any engagement.

4. User Responsibilities

To make the most of any engagement, and to allow us to do our work with care, you agree to:

• Provide accurate and complete information about your firm when requested.
• Make key personnel available for scheduled sessions within agreed timelines.
• Respond to correspondence and review materials within a reasonable period.
• Use any content or materials produced by Mythara Advisory only for the purposes for which they were prepared.
• Refrain from submitting this website to harmful, unlawful, or deceptive use.
• Not reproduce, distribute, or publish materials produced under an engagement without prior written consent.

Delays caused by a client's failure to provide timely input may affect delivery timelines. We will communicate any such delays in writing.

5. Intellectual Property

All content on this website — including text, design, structure, and presentation — is the property of Mythara Advisory and is protected under applicable intellectual property law. You may not reproduce, distribute, or adapt any part of this website without prior written consent.

Materials produced during an engagement — positioning notes, reference cards, style notes, and written drafts — are delivered to the client for internal use within their firm. You are granted a limited, non-exclusive licence to use these materials within your organisation.

Underlying methodologies, approaches, and frameworks developed by Mythara Advisory remain our intellectual property. We retain the right to apply similar thinking in other engagements, provided that no client-specific confidential information is disclosed.

6. Payment Terms

Fees are quoted in Malaysian Ringgit (RM) and are inclusive of all applicable taxes unless otherwise stated. Payment terms will be set out in the engagement letter. Our standard arrangement is:

• A deposit of 50% of the agreed fee is payable upon acceptance of the engagement letter.
• The remaining balance is payable upon delivery of the final deliverable.
• Payment is accepted by bank transfer to the details provided in the engagement letter.

Late payments may result in the suspension of work. We will give reasonable notice before any work is paused.

Refunds are considered on a case-by-case basis. Where an engagement is cancelled by the client after work has commenced, the deposit may be retained to cover time already spent. We will discuss any such situation with care.

7. Delivery & Scope

The scope of each engagement is agreed in writing prior to commencement. Any material changes to scope requested by the client may require revision of the timeline or fee.

We will endeavour to deliver all work within the timelines set out in the engagement letter. Delays arising from circumstances outside our control — including delays in client response — will be communicated promptly.

Sessions are conducted by appointment during standard working hours: Monday to Friday, 9:00am to 6:00pm. We observe Malaysian public holidays and will notify clients of any scheduled closures.

8. Confidentiality

We treat all information shared with us during an engagement as confidential. We will not disclose client information to third parties except where required by law or with your written consent.

We ask that clients treat information about our methods, approaches, and internal materials with similar discretion.

Confidentiality obligations do not apply to information that is, or becomes, publicly known through no fault of either party.

9. Disclaimers

Our services are provided in good faith based on the information made available to us. The written materials we produce represent considered professional opinion and are not a substitute for legal, financial, or regulatory advice.

We do not represent or warrant that any particular commercial outcome will follow from the work we produce. Positioning is a considered, long-term practice; results depend on many factors beyond the scope of any single engagement.

The information on this website is offered as general guidance only and does not constitute a binding commitment. Service details, fees, and availability are subject to change.

10. Limitation of Liability

To the fullest extent permitted by Malaysian law, Mythara Advisory's total liability arising from or connected with an engagement shall not exceed the fees paid by the client for that specific engagement.

We shall not be liable for indirect, consequential, or incidental losses arising from the use of materials produced, however caused.

Nothing in these terms limits liability for death or personal injury caused by negligence, or for fraudulent misrepresentation.

11. Indemnification

You agree to indemnify and hold harmless Mythara Advisory, its advisors, and associates from any claims, losses, or expenses — including reasonable legal costs — arising from your use of our website or services in breach of these terms, or from any inaccurate information you have provided during an engagement.

12. Termination

Either party may withdraw from an engagement by giving written notice. The circumstances and consequences of early withdrawal will be addressed in the engagement letter.

We reserve the right to decline to continue an engagement where a client's conduct makes it impractical or where the relationship of trust necessary for this kind of work has broken down.

Provisions relating to confidentiality, intellectual property, payment, and liability survive the termination of any engagement.

13. Dispute Resolution

These Terms and Conditions are governed by the laws of Malaysia. Any dispute arising from or connected with these terms shall be subject to the exclusive jurisdiction of the courts of Malaysia.

Before initiating any formal proceedings, both parties agree to attempt in good faith to resolve any dispute through direct discussion. Either party may request a meeting or written exchange to work through a concern.

If direct resolution is not possible within 30 days of notice, either party may pursue mediation under the Kuala Lumpur Regional Centre for Arbitration (KLRCA) rules, or such other process as the parties may agree in writing.

14. General Provisions

• Entire Agreement: These terms, together with any engagement letter, constitute the entire agreement between the parties and supersede all prior discussions.
• Severability: If any provision of these terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force.
• Waiver: Our failure to exercise any right under these terms does not constitute a waiver of that right.
• Assignment: You may not assign your rights or obligations under these terms without our prior written consent. We may assign our obligations with reasonable notice.
• Notices: Notices should be sent by email to [email protected] or to the address below.

15. Changes to These Terms

We may update these terms from time to time. The date at the top of this page reflects when the terms were last revised. Continued use of this website or engagement of our services following an update constitutes acceptance of the revised terms.

We encourage you to review these terms periodically. Material changes will be noted on this page.

16. Contact

For questions about these terms, please write to us.