Terms & Conditions

1. Definitions

Throughout these Terms and Conditions, the following terms carry the meanings set out below:

• "Agreement" — these Terms and Conditions, together with any applicable project proposal or statement of work
• "We", "Us", "Our" — Fikir Systems, a consulting entity registered in Malaysia
• "Client", "You", "Your" — the individual or organisation entering into a service engagement with Fikir Systems
• "Services" — AI integration consulting, advisory, and implementation services as described in Section 3
• "Deliverables" — any outputs, documents, models, reports, or materials produced specifically for the Client under a project engagement
• "Confidential Information" — any non-public business, technical, or operational information shared between the parties
• "Working Days" — Monday to Friday, excluding Malaysian public holidays

2. Acceptance of Terms

By submitting an enquiry, signing a proposal, or engaging our services in any form, you confirm that:

• You are at least 18 years of age
• You have the authority to enter into a binding agreement on behalf of your organisation, where applicable
• You have read, understood, and accept these Terms and Conditions

If you disagree with any part of these terms, we encourage you to contact us at [email protected] before proceeding.

3. Service Description

Fikir Systems provides the following AI integration consulting services to businesses operating in Malaysia and the broader Southeast Asian region:

• AI for Revenue Forecasting — development of AI-driven forecasting models, data integration, and scenario planning tools for finance and sales teams (from RM 940)
• AI-Assisted Learning Path Design — consulting for L&D teams covering skill gap analysis, adaptive content sequencing, and platform selection (from RM 2,380)
• Intelligent Ticketing System Implementation — deployment and integration of AI-enhanced ticketing for IT, customer support, and facilities management (from RM 3,820)

The precise scope of services for each engagement is defined in a written proposal or statement of work agreed by both parties prior to commencement.

4. Engagement and Scope

4.1 Project Initiation

Each engagement begins with a signed proposal or written confirmation of scope by the Client. Work will not commence until this confirmation is received and any required deposit is paid.

4.2 Scope Changes

If the Client requests changes to the agreed scope during an engagement, we will assess the impact on timeline and fees and provide a written change request for approval before proceeding. Out-of-scope work carried out without written approval may be invoiced at our standard daily rate.

4.3 Client Cooperation

Successful delivery of our services depends on timely access to relevant data, systems, and stakeholders from the Client side. Delays caused by insufficient cooperation may affect project timelines and are not the responsibility of Fikir Systems.

4.4 Geographic Scope

Our services are primarily delivered to organisations based in Malaysia. Remote delivery is available. Engagements requiring on-site presence outside the Klang Valley may involve additional travel expenses, which will be agreed in advance.

5. Client Responsibilities

Clients engaging our services agree to:

• Provide accurate and complete information required for the engagement
• Ensure that any data shared with us has been collected lawfully and that we are authorised to process it
• Not use our deliverables for purposes that are unlawful, deceptive, or harmful to others
• Designate a named point of contact with authority to make decisions regarding the project
• Provide feedback within agreed timeframes to avoid delays
• Not attempt to reverse-engineer or replicate our proprietary methodologies beyond the scope of the engagement

6. Fees and Payment

6.1 Pricing

Fees are stated in Malaysian Ringgit (RM) and are outlined in the project proposal. Prices shown on our website are indicative starting points; final fees are agreed in writing before work begins.

6.2 Payment Structure

Standard payment terms are as follows unless otherwise agreed in writing:

• A deposit of 50% is due upon signing of the project proposal
• The remaining balance is invoiced upon project completion or at milestones specified in the proposal

6.3 Payment Methods

We accept payment by bank transfer to our designated account. Payment details are provided on each invoice. Payments in currencies other than RM may be subject to conversion at the prevailing rate.

6.4 Late Payment

Invoices are due within 14 working days of issue. We reserve the right to pause active work on an engagement where an invoice remains unpaid beyond this period, with reasonable notice to the Client.

6.5 Taxes

All fees are subject to applicable Malaysian taxes, including Service Tax where applicable. Tax will be indicated separately on invoices.

6.6 Refunds

Deposits are non-refundable once work has commenced. If a project is terminated by either party before completion, the Client is responsible for fees proportional to work completed. We will act reasonably in assessing this where the exact amount is disputed.

7. Intellectual Property

7.1 Client Deliverables

Upon full payment, the Client receives a non-exclusive, perpetual licence to use the specific deliverables produced for their engagement — such as forecasting models, learning path frameworks, or ticketing configurations — for their internal business purposes.

7.2 Fikir Systems IP

Our methodologies, templates, processes, tools, and pre-existing intellectual property remain the sole property of Fikir Systems. The licence granted above does not extend to these underlying assets.

7.3 Client Data

Any data provided by the Client remains the property of the Client. We process Client data solely for the purposes of the engagement and do not claim any rights over it.

7.4 Portfolio Use

We may reference an engagement in general terms (e.g., industry, service type, outcomes) for portfolio or marketing purposes, without disclosing the Client's identity, unless the Client has provided written permission for named attribution.

8. Confidentiality

Both parties agree to treat as confidential any non-public information received in the course of the engagement. This includes business data, technical specifications, pricing, strategy, and personnel information.

Confidentiality obligations do not apply to information that:

• Is or becomes publicly available through no breach of this Agreement
• Was already known to the receiving party before disclosure
• Is required to be disclosed by law or regulatory authority

Confidentiality obligations survive the termination of the engagement for a period of three (3) years.

9. Disclaimers

• Our services are provided on an "as is" and "as available" basis. We do not commit to specific commercial outcomes.
• AI models and recommendations produced during engagements are tools to support decision-making — they do not replace the professional judgement of the Client's leadership and advisors.
• We do not provide legal, financial, or regulatory compliance advice. Clients should seek appropriate professional guidance for such matters.
• While we apply reasonable care and skill, we cannot warrant that all deliverables will be free from errors or that they will meet every requirement not stated in the agreed scope.

10. Limitation of Liability

To the fullest extent permitted by Malaysian law:

• Our total liability under any engagement is limited to the fees paid by the Client for the specific project giving rise to the claim
• We are not liable for indirect, consequential, incidental, or special damages, including loss of profits, revenue, data, or business opportunity
• We are not liable for outcomes resulting from decisions made by the Client based on our deliverables, beyond the reasonable application of care and skill in producing those deliverables
• Nothing in these terms excludes liability for fraud, gross negligence, or wilful misconduct

11. Indemnification

The Client agrees to indemnify and hold harmless Fikir Systems, its team members, and contractors from any claims, damages, or costs (including reasonable legal fees) arising from:

• The Client's misuse of deliverables
• The Client's failure to obtain proper rights over data provided to us
• Any unlawful or negligent act or omission by the Client in connection with the engagement

12. Termination

12.1 By Either Party

Either party may terminate an engagement by providing 14 days' written notice. Upon termination, the Client is responsible for fees corresponding to work completed up to that date.

12.2 Immediate Termination

Fikir Systems may terminate an engagement immediately, without notice, if the Client:

• Fails to pay a due invoice after a reasonable grace period
• Acts in a manner that is abusive, unlawful, or endangers our team
• Breaches a material term of this Agreement and fails to remedy the breach within 7 days of written notice

12.3 Effect of Termination

Upon termination, we will deliver any work completed to date in a usable format. Clauses relating to IP, confidentiality, liability, and payment survive termination.

13. Dispute Resolution

13.1 Governing Law

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

13.2 Informal Resolution

We prefer to resolve concerns through direct conversation. If a dispute arises, both parties agree to first seek resolution through good-faith discussions for a period of 20 working days before initiating formal proceedings.

13.3 Mediation

If informal resolution fails, either party may refer the matter to mediation administered by the Asian International Arbitration Centre (AIAC) before pursuing litigation.

14. General Provisions

• Entire Agreement: These Terms, together with any project proposal, constitute the entire agreement between the parties and supersede prior discussions or representations.
• Severability: If any provision is found unenforceable, the remaining provisions continue in full effect.
• Waiver: Failure to enforce any provision does not constitute a waiver of the right to enforce it in the future.
• Assignment: The Client may not assign their rights or obligations without our written consent. We may engage contractors in delivering services, subject to confidentiality obligations.
• Force Majeure: Neither party is liable for delays caused by circumstances beyond their reasonable control, including natural disasters, civil unrest, or government restrictions.
• Language: These Terms are written in English. In the event of any discrepancy with a translation, the English version prevails.

15. Changes to These Terms

We may update these Terms and Conditions from time to time to reflect changes in our practices or legal obligations. Updated terms take effect from the date posted on our website. We will notify active clients of material changes by email. Continued engagement with our services after such notification constitutes acceptance of the revised terms.

16. Contact

For legal enquiries, contract questions, or concerns relating to these Terms, please contact us:

• Fikir Systems
• 82 Jalan P. Ramlee, 50250 Kuala Lumpur, Malaysia
• [email protected]
• +60 3-8624 1597