Terms & Conditions

By using this website or by engaging Cindermark for any service, you confirm that you have read, understood and agree to be bound by these Terms and Conditions.

If you are acting on behalf of an organisation, you represent that you have the authority to bind that organisation to this Agreement. Where that authority does not exist, this Agreement may not be enforceable against the organisation.

You must be at least 18 years of age and have the legal capacity to enter into a binding agreement under Malaysian law. We do not knowingly accept engagements from individuals who lack contractual capacity.

Continued use of the website or commencement of a service engagement constitutes ongoing acceptance of these Terms. If you do not agree with any part of these Terms, please discontinue use of the website and contact us before proceeding with any engagement.

Cindermark provides business advisory and operational consulting services focused on project management office design, readiness and ongoing support. Our services are described in general terms on this website; specific scope, timelines and outputs are confirmed in writing at the start of each engagement.

We operate primarily within Malaysia and serve clients from Kuala Lumpur and surrounding regions, though remote engagements may be arranged at our discretion.

Service availability is subject to practitioner capacity. We reserve the right to decline any engagement where a conflict of interest exists or where we reasonably consider the engagement unsuitable.

Descriptions on this website are for informational purposes. The actual scope of each engagement is defined by the relevant engagement letter or proposal, which will take precedence over general website content where differences arise.

The quality and relevance of our work depends on the cooperation and participation of your team. Clients are expected to:

• Provide accurate and relevant information about your organisation's current project practices and internal processes when requested.
• Make appropriate team members available for scheduled sessions, workshops or review calls within agreed timeframes.
• Review and provide timely feedback on draft deliverables so that the engagement can progress without unnecessary delay.
• Use this website and its content only for lawful purposes and not to transmit any material that is unlawful, misleading or harmful.
• Not attempt to interfere with the operation of the website, including through automated scraping, distributed denial of service or any comparable means.
• Not misrepresent your identity or organisational affiliation when making an enquiry or entering into an engagement.

Delays or reduced quality arising from the Client's failure to fulfil these responsibilities do not constitute a breach on Cindermark's part, and timelines may be adjusted accordingly.

All content on this website — including text, structure, design elements, methodologies described and materials produced during engagements — is the intellectual property of Cindermark unless expressly stated otherwise.

Upon full payment of the agreed fee, the Client receives a non-exclusive, non-transferable licence to use the Deliverables produced during the engagement for their internal business purposes. This licence does not extend to resale, redistribution, sublicensing or use in a competing advisory practice.

Cindermark retains ownership of all underlying frameworks, methodologies, tools and templates used in producing Deliverables. We may continue to use general knowledge, methodologies and experience gained through any engagement, provided we do not disclose Client-specific confidential information.

You may not reproduce, modify or distribute any part of this website's content without our prior written consent.

All fees are quoted and payable in Malaysian Ringgit (MYR). Pricing shown on the website is indicative; confirmed fees will be stated in the engagement letter.

Payment schedules will be agreed upon at the start of each engagement. Standard arrangements typically involve an initial deposit prior to commencement and one or more subsequent payments tied to milestones or completion.

Invoices are due within fourteen (14) calendar days of issuance unless otherwise agreed in writing. Late payments may result in suspension of ongoing work at our discretion until the outstanding balance is settled.

We accept payment by bank transfer to the account details provided in the invoice. Any bank charges or fees incurred in the transfer are the Client's responsibility.

Refund requests will be considered on a case-by-case basis. Where work has already commenced, fees for completed portions of the engagement are generally non-refundable. We will discuss any concerns openly and aim to reach a fair resolution.

Each service engagement begins upon written confirmation from both parties and receipt of any agreed deposit. The scope, timeline and key deliverables for each engagement are defined in a separate engagement letter.

Changes to the agreed scope must be requested in writing. Where changes materially affect the time or resources required, we may propose a revised fee or timeline before proceeding.

If an engagement is paused at the Client's request for more than four consecutive weeks, we reserve the right to treat the engagement as concluded and to invoice for work completed to date.

Cindermark will assign a suitable practitioner to each engagement. In the event that the assigned practitioner is unavailable due to illness or other unforeseen circumstances, we will make reasonable efforts to arrange appropriate cover or adjust the timeline.

Our services constitute business advisory and operational consulting. They do not constitute legal, financial, accounting or regulatory advice. Clients requiring such advice should engage appropriately qualified professionals.

While we bring care and experience to each engagement, we do not represent or warrant that any particular outcome will be achieved. Project office effectiveness depends on many factors within the Client's organisation that are outside our control.

Website content is provided for general informational purposes and may not reflect the most current developments in project management practice. It should not be relied upon as the sole basis for business decisions.

We make reasonable efforts to keep the website operational and content accurate, but we cannot warrant that the website will be uninterrupted, error-free or free of any harmful components.

To the fullest extent permitted under Malaysian law, Cindermark's aggregate liability to any Client arising from or in connection with an engagement shall not exceed the total fees paid by that Client for the specific engagement from which the claim arises.

We shall not be liable for any indirect, consequential, special or incidental losses, including loss of profit, loss of data, loss of contracts or business interruption, even if we have been advised of the possibility of such losses.

Nothing in these Terms limits liability for death or personal injury caused by negligence, or for fraud or fraudulent misrepresentation, or for any other liability that cannot be excluded under Malaysian law.

Force majeure: we shall not be in breach of our obligations where performance is prevented or delayed by circumstances beyond our reasonable control, including acts of government, natural events, utility failures or widespread technology disruptions. We will notify you promptly of any such circumstances and resume performance as soon as reasonably practicable.

You agree to indemnify and hold harmless Cindermark, its practitioners and associates from any claims, losses, liabilities, damages, costs or expenses (including reasonable legal costs) arising from:

• Your breach of any provision of these Terms;
• Your use of Deliverables in a manner that exceeds the licence granted herein;
• Any inaccurate or misleading information you provided to us during an engagement;
• Any third-party claim arising from your organisation's implementation of recommendations, where such implementation deviated materially from the guidance provided.

Both parties acknowledge that in the course of an engagement, each may receive Confidential Information belonging to the other. Both parties agree to hold such information in confidence and not to disclose it to third parties without the other party's prior written consent, except where required by law or a competent authority.

This obligation does not apply to information that is already publicly available at the time of disclosure, that was already in the receiving party's possession prior to disclosure, or that is independently developed without reference to the Confidential Information.

The confidentiality obligations in this section survive the termination of any engagement or these Terms for a period of three (3) years.

Either party may terminate an engagement by providing written notice. The applicable notice period will be stated in the engagement letter; in the absence of such a term, fourteen (14) calendar days' notice is standard.

Upon termination, the Client remains liable for fees corresponding to work completed up to the termination date. We will provide a final invoice reflecting work completed and, where appropriate, any Deliverables produced to that point.

We may terminate an engagement immediately and without notice where the Client has materially breached these Terms and, where the breach is capable of remedy, has failed to remedy it within seven (7) days of written notice.

Provisions relating to intellectual property, confidentiality, payment obligations for completed work, limitation of liability and dispute resolution survive the termination of any engagement.

These Terms are governed by and construed in accordance with the laws of Malaysia. Any dispute, claim or difference arising out of or in connection with these Terms or any engagement shall be subject to the exclusive jurisdiction of the courts of Malaysia.

Before initiating any formal proceedings, the parties agree to attempt to resolve any dispute through good-faith direct discussion. Either party may initiate this process by sending a written notice describing the nature of the dispute and the outcome sought.

If the dispute is not resolved within thirty (30) calendar days of such notice (or a longer period agreed in writing), either party may refer the matter to mediation through the Malaysian Mediation Centre (MMC) or another mutually agreed mediation body, before resorting to litigation.

Nothing in this section prevents either party from seeking urgent injunctive or other equitable relief from a court of competent jurisdiction where necessary to protect its interests.

Entire Agreement. These Terms, together with any engagement letter, constitute the entire agreement between the parties with respect to the subject matter and supersede all prior discussions, representations or agreements.

Severability. If any provision of these Terms is found to be unenforceable or invalid under applicable law, that provision shall be modified to the minimum extent necessary to make it enforceable, or severed if modification is not possible. The remaining provisions remain in full force.

Waiver. No failure or delay by either party in exercising any right under these Terms shall constitute a waiver of that right. A waiver must be made in writing to be effective.

Assignment. You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign our rights to a successor entity in connection with a restructuring or change of ownership, subject to maintaining our obligations to you.

Notices. Formal notices under these Terms should be sent in writing to the address or email listed in Section 16. Notices sent by email are effective upon receipt of a delivery confirmation or within two business days of sending if no bounce is received.

Relationship. Nothing in these Terms creates a partnership, joint venture, employment or agency relationship between the parties. Cindermark is an independent contractor.

We may update these Terms from time to time to reflect changes in our services, legal requirements or operational practices. When changes are made, we will update the "Last Updated" date at the top of this page.

We encourage you to review this page periodically. Continued use of the website or engagement of our services after changes are posted constitutes acceptance of the updated Terms.

For active engagements at the time of an update, the version of these Terms in effect when the engagement letter was signed will continue to govern that engagement unless both parties agree in writing to adopt the updated version.