Terms & Conditions

SECTION 01

1. Definitions

Throughout this document, the following terms carry specific meanings:

• "Agreement" — refers to these Terms and Conditions together with any engagement letter or service proposal issued by the Firm.
• "Client" / "User" / "You" — any individual, company, or organisation that engages Nilam Partners for services or accesses this website.
• "Firm" / "We" / "Us" — Nilam Partners, registered in Malaysia, with principal offices at Suite 9-3, Wisma UOA Damansara II, No. 6 Changkat Semantan, 50490 Kuala Lumpur.
• "Services" — intellectual property advisory and legal services offered by the Firm, including trademark search and registration, patent drafting and prosecution, and IP portfolio strategy and enforcement.
• "Content" — all information, documents, analysis, and materials produced or shared in the course of service delivery.
• "MyIPO" — the Intellectual Property Corporation of Malaysia, the relevant statutory authority.

SECTION 02

2. Acceptance of Terms

By submitting an enquiry, signing an engagement letter, or making payment for any service, you confirm that you have read and accepted these Terms and Conditions in full.

• You must be at least 18 years of age, or a duly authorised representative of a legal entity, to engage the Firm's services.
• You confirm that you have the legal capacity to enter into a binding agreement under Malaysian law.
• Corporate clients warrant that the representative acting on their behalf has appropriate authority to bind the organisation.

SECTION 03

3. Service Description

Nilam Partners offers specialist intellectual property services within Malaysia and in support of international filings, including:

• Trademark Search & Registration — availability searches, Nice Classification analysis, MyIPO filing, and prosecution through registration.
• Patent Drafting & Prosecution — prior art research, claims drafting, technical illustration, prosecution before MyIPO, and PCT coordination for international coverage.
• IP Portfolio Strategy & Enforcement — portfolio audits, licensing agreements, IP valuation, enforcement coordination, and trade secret policy frameworks.

Service scope, timeline, and deliverables are confirmed in a written engagement letter or service proposal. Geographic limitations may apply to certain jurisdictions — the Firm will advise accordingly during the engagement scoping process.

SECTION 04

4. Client Engagement

A formal engagement begins when:

• A signed engagement letter or service proposal has been received by the Firm; and
• Any required upfront payment or retainer has been received in cleared funds.

Prior to formal engagement, enquiries and consultations do not create a client-firm relationship or impose any obligations on either party. The Firm reserves the right to decline any engagement at its discretion, including where conflicts of interest are identified.

SECTION 05

5. User Responsibilities

Clients are expected to:

• Provide accurate, complete, and current information necessary for service delivery.
• Respond promptly to requests for additional information, documents, or approvals, as delays may affect application timelines.
• Notify the Firm immediately of any changes in ownership, business name, or relevant circumstances affecting the IP assets under management.
• Use any information or materials provided by the Firm solely for lawful purposes and in connection with the agreed engagement.
• Refrain from misrepresenting their identity, authority, or the nature of the intellectual property in question.
• Keep any access credentials to shared portals or document repositories confidential.

The Firm's ability to deliver services is directly dependent on timely and accurate cooperation from the client. The Firm accepts no responsibility for adverse outcomes arising from incomplete or inaccurate information provided by the client.

SECTION 06

6. Intellectual Property Rights

All methodologies, precedents, templates, internal tools, and know-how developed or used by the Firm remain the exclusive property of Nilam Partners. Materials produced specifically for a client engagement — such as drafted claims, search reports, or strategy documents — are provided for the client's use in connection with that engagement.

• Clients may not reproduce, distribute, or commercially exploit Firm-produced materials beyond the scope of the engagement without prior written consent.
• The Firm's brand, trade name, logo, and website content are protected under applicable Malaysian and international IP law.
• Any inventions, marks, or creative works disclosed by clients remain the property of the respective clients. The Firm does not claim any rights over client IP assets.

SECTION 07

7. Payment Terms

Fees are denominated in Malaysian Ringgit (MYR) and are as quoted in the applicable service proposal. Published service fees are indicative and may be adjusted based on complexity, volume, or jurisdictional requirements.

• Payment is due as specified in the engagement letter — typically 50% upfront with the balance on completion, unless otherwise agreed in writing.
• Government filing fees, official disbursements, and third-party costs are charged in addition to professional fees and will be itemised separately.
• Invoices are payable within 14 days of issuance unless otherwise stated.
• The Firm reserves the right to suspend work on any matter where outstanding invoices remain unpaid beyond the due date.

Refund Policy: Professional fees paid for work already commenced are generally non-refundable. Where an engagement is cancelled before work commences, the Firm will consider refund requests on a case-by-case basis, deducting any costs already incurred. Official fees paid to MyIPO or other registries are subject to those bodies' own refund policies.

SECTION 08

8. Confidentiality

The Firm treats all client information as confidential. Information shared in connection with an engagement will not be disclosed to third parties without the client's consent, except as required by law, regulatory obligation, or with the involvement of third-party service providers acting under appropriate confidentiality obligations.

Clients are similarly expected to treat the Firm's proprietary methodologies and internal communications with appropriate discretion. Obligations of confidentiality survive the termination of any engagement.

SECTION 09

9. Disclaimers

Services are provided on the basis of information available at the time of engagement and the professional judgment of the Firm's practitioners.

• The Firm does not warrant that trademark applications will proceed to registration, or that patent claims will be accepted without amendment — these outcomes are subject to examination by MyIPO and applicable law.
• Legal information shared during the engagement reflects the position of Malaysian IP law at the time it is given. Clients should not rely on such information without seeking updated advice if circumstances change.
• This website is provided for informational purposes and does not constitute legal advice. No practitioner-client relationship arises from browsing or reading content on this site alone.

SECTION 10

10. Limitation of Liability

To the fullest extent permitted by Malaysian law:

• The Firm's aggregate liability for any claim arising from a specific engagement shall not exceed the total professional fees paid by the client for that engagement.
• The Firm is not liable for indirect, consequential, or incidental losses, including loss of business opportunity, loss of profit, or reputational harm.
• The Firm is not liable for delays or failures arising from force majeure events, MyIPO system outages, regulatory changes, or circumstances beyond reasonable control.
• Liability is further limited where losses arise from inaccurate or incomplete information provided by the client.

SECTION 11

11. Indemnification

You agree to indemnify, defend, and hold harmless Nilam Partners and its practitioners from any claims, damages, costs, or liabilities (including reasonable legal fees) arising from: (a) your breach of these Terms; (b) your misuse of our services; (c) any third-party claims relating to intellectual property rights you have engaged us to protect, where the Firm acted in good faith on information you provided; or (d) your violation of any applicable law.

SECTION 12

12. Termination

Either party may terminate an engagement by providing written notice. On termination:

• Fees for work completed up to the date of termination remain payable.
• The Firm will provide the client with a summary of the status of any pending matters and the documents held on file.
• The Firm reserves the right to terminate an engagement immediately in the event of: non-payment, a conflict of interest emerging, a client's failure to cooperate, or a client's request to act contrary to professional or legal obligations.

Sections covering confidentiality, limitation of liability, indemnification, and dispute resolution survive the termination of any engagement.

SECTION 13

13. Dispute Resolution

These Terms and all engagements with the Firm are governed by the laws of Malaysia. Any dispute arising from or in connection with an engagement shall be subject to the exclusive jurisdiction of the courts of Malaysia, with Kuala Lumpur as the seat.

Before commencing formal proceedings, the parties agree to attempt resolution through good-faith negotiation for a period of at least 30 days. Where negotiation is unsuccessful, mediation through the Malaysian Mediation Centre (MMC) may be considered as an alternative to litigation, unless either party determines that urgent relief is required from a court.

SECTION 14

14. General Provisions

• Entire Agreement: These Terms, together with the relevant engagement letter or service proposal, constitute the entire agreement between the parties on the subject matter.
• Severability: If any provision is found to be unenforceable, the remaining provisions continue in full force.
• Waiver: A failure by the Firm to enforce any provision does not constitute a waiver of that provision or any future breach.
• Assignment: Clients may not assign their rights or obligations under an engagement without prior written consent. The Firm may engage qualified associates or sub-agents in the conduct of services.
• Notices: Formal notices should be sent in writing to the Firm's registered address or to [email protected].

SECTION 15

15. Changes to Terms

The Firm may update these Terms from time to time to reflect changes in law, practice, or services. Updated versions will be published on this page with a revised effective date. For engagements already underway, existing terms will apply unless the client accepts the revised terms in writing. Continued use of the Firm's website or services after the effective date of an update constitutes acceptance of the revised Terms.

SECTION 16

16. Contact Information

For questions about these Terms, or to exercise any rights described herein, please contact us: