Terms & Conditions

1. Definitions

In these Terms and Conditions, the following terms bear the meanings assigned to them below:

"Agreement"

means these Terms and Conditions together with any engagement letter or retainer agreement entered into between Bersatu Partners and the Client.

"Bersatu Partners" / "We" / "Us" / "Our"

refers to Bersatu Partners, a legal advisory practice registered and operating in Malaysia with principal offices at 9-2, Persiaran Barat, 46050 Petaling Jaya, Selangor.

"Client" / "You" / "Your"

means any individual, company, partnership, trust, or other legal entity that engages or corresponds with Bersatu Partners through this website or any other means.

"Content"

means all text, documents, analysis, memoranda, draft agreements, advice, and other materials produced by Bersatu Partners in the course of an engagement.

"Engagement"

means a formal advisory mandate accepted by Bersatu Partners and confirmed by an executed engagement letter.

"Services"

means the M&A advisory, transaction documentation, and related professional services described on this website and in the applicable engagement letter.

"Website"

means the website accessible at bersatup.sbs and all associated pages and subdomains.

2. Acceptance of Terms

By accessing the Website or submitting an inquiry, you confirm that:

• You are at least 18 years of age and have legal capacity to enter into binding agreements;
• Where you act on behalf of a corporation or other entity, you have authority to bind that entity;
• You have read, understood, and agreed to be bound by these Terms and Conditions; and
• You have read and accepted our Privacy Policy, accessible at privacy-policy.html.

If you do not agree to these terms, you should not proceed to use the Website or engage our services.

3. Service Description

Bersatu Partners provides transaction advisory services to participants in Malaysian and regional mergers and acquisitions, including:

• Sell-Side Advisory — for owner-operators and family shareholders disposing of Malaysian businesses, whether in whole or in part;
• Buy-Side Advisory — for strategic and financial buyers acquiring Malaysian or regional targets; and
• Joint Ventures & Minority Arrangements — for parties entering joint ventures, minority investment arrangements, and bespoke shareholder agreements.

The scope of any specific engagement is set out in the applicable engagement letter. Website content describes our practice in general terms and does not constitute advice or an offer of services in any particular transaction.

Service availability is subject to conflict checks, capacity, and regulatory considerations. Bersatu Partners reserves the right to decline any engagement at its discretion.

4. Engagement & Retainer

A formal advisory relationship with Bersatu Partners is established only upon execution of a written engagement letter. Prior to execution of an engagement letter:

• No solicitor-client or advisory relationship is formed through website contact forms, email correspondence, or preliminary discussions;
• Any indicative fee information provided is illustrative only and subject to change upon review of the specific transaction;
• Bersatu Partners bears no obligation to accept an instruction or proceed with any transaction.

The engagement letter will set out the specific scope of work, fee structure, billing milestones, and any special conditions applicable to the mandate. In the event of a conflict between these Terms and the engagement letter, the terms of the engagement letter prevail.

5. Client Responsibilities

In the course of an engagement, the Client agrees to:

• Provide accurate, complete, and timely information and documentation as requested by Bersatu Partners;
• Promptly inform Bersatu Partners of any material changes in circumstances, information, or instructions that may affect the engagement;
• Not conceal, misrepresent, or withhold any information that is material to the transaction or the advice sought;
• Make decisions in a timely manner and give instructions within reasonable timeframes agreed between the parties;
• Not use the Website or any communication channel in a manner that is misleading, unlawful, or contrary to the interests of any counterparty in a regulated sense.

Bersatu Partners' ability to advise effectively is dependent on the quality and completeness of information provided. We accept no responsibility for consequences arising from inaccurate or incomplete information supplied by the Client.

6. Intellectual Property

All content on the Website — including text, design, layout, and structural elements — is the intellectual property of Bersatu Partners and is protected under Malaysian copyright law and applicable international conventions.

Work product, draft documents, memoranda, and written advice produced during an engagement remain the intellectual property of Bersatu Partners until fees are paid in full, at which point a limited, non-exclusive, non-transferable licence is granted to the Client for use in the specific transaction for which the advice was provided.

The Client may not reproduce, publish, circulate, or use engagement deliverables for any purpose beyond the specific transaction without prior written consent. Proprietary templates, precedent documents, and methodologies remain exclusively the property of Bersatu Partners at all times.

7. Fees & Payment

Indicative fee ranges published on the Website are stated in Malaysian Ringgit (RM) and are subject to upward or downward revision based on transaction complexity, scope, and the specific instructions received.

Fee arrangements confirmed in the engagement letter may include:

• Retainer fees — payable at the outset of the engagement to reserve capacity and initiate work;
• Milestone fees — payable upon completion of defined transaction stages (e.g., execution of heads of terms, signing, completion);
• Time-based fees — for matters where scope is difficult to define in advance, billed at agreed hourly rates.

Invoices are payable within 14 days of issuance unless otherwise agreed in writing. Bersatu Partners reserves the right to suspend work if invoices remain outstanding beyond 30 days without explanation or payment arrangement.

All fees are exclusive of applicable taxes including SST where applicable. Disbursements and third-party expenses incurred in connection with an engagement will be charged at cost with prior notification where reasonably practicable.

8. Confidentiality

Bersatu Partners treats all information provided in connection with an engagement as confidential and will not disclose such information to any third party without the Client's prior written consent, except:

• Where disclosure is required by law, court order, or regulatory authority;
• Where disclosure is made to professional advisers bound by equivalent duties of confidentiality;
• Where the information is, or becomes, publicly available through no fault of Bersatu Partners.

The confidentiality obligation survives the termination of any engagement for a period of five years. Where a formal non-disclosure agreement is preferred by the Client, one can be arranged prior to substantive discussions.

9. Disclaimers

The Website and its contents are provided for general informational purposes only. Nothing on the Website constitutes legal, financial, tax, or regulatory advice in relation to any specific transaction or situation.

Bersatu Partners makes no representation that:

• The Website will be uninterrupted, error-free, or free from viruses or other harmful components;
• Any transaction will be completed at any particular valuation, on any particular terms, or within any particular timeframe;
• Advisory services will produce any specific financial or commercial outcome for the Client.

Transaction advisory work involves inherent uncertainty. Past engagements are not indicative of the outcome of future transactions. Clients are encouraged to take independent financial, tax, and valuation advice in parallel with our legal and documentation work.

10. Limitation of Liability

To the fullest extent permitted by Malaysian law, Bersatu Partners' aggregate liability to the Client in connection with any engagement shall not exceed the total fees paid by the Client to Bersatu Partners in respect of that specific engagement.

Bersatu Partners shall not be liable for:

• Indirect, consequential, special, or punitive losses, including lost profits or loss of business opportunity;
• Loss or damage arising from the Client's reliance on Website content without entering into a formal engagement;
• Events outside Bersatu Partners' reasonable control, including changes in law, regulatory decisions, or counterparty conduct;
• Loss arising from information provided to us that was incomplete, inaccurate, or misleading.

Nothing in these terms limits liability for fraud, wilful misconduct, or any liability that cannot be excluded under Malaysian law.

11. Termination

Either party may terminate an engagement by giving written notice in accordance with the engagement letter. Specific notice periods and termination conditions are set out in the applicable engagement letter.

Bersatu Partners reserves the right to terminate an engagement with immediate effect if:

• The Client fails to pay fees when due and does not remedy the default within 14 days of notice;
• Continued representation would require us to act in a manner contrary to applicable professional standards or legal obligations;
• The Client provides materially misleading information that affects the nature of the engagement.

Upon termination, the Client remains liable for fees in respect of work completed to the date of termination, as well as any disbursements incurred. Work product prepared to that date shall remain subject to the intellectual property terms above until fees are settled.

12. Dispute Resolution

These Terms and Conditions are governed by the laws of Malaysia. The parties agree to submit to the exclusive jurisdiction of the courts of Malaysia in respect of any dispute arising out of or in connection with these terms or any engagement.

Prior to commencing formal proceedings, the parties agree to engage in good faith discussions for a period of not less than 30 days to attempt to resolve any dispute informally. Senior representatives of both parties should participate in such discussions.

Where parties wish to explore mediation as an alternative to litigation, reference may be made to the Asian International Arbitration Centre (AIAC) mediation rules or such other mediation body as the parties may agree in writing.

13. General Provisions

Entire Agreement

These Terms and Conditions, together with any executed engagement letter, constitute the entire agreement between the parties in relation to the subject matter hereof and supersede all prior representations, discussions, and agreements.

Severability

If any provision of these Terms is found to be invalid or unenforceable, that provision shall be modified to the minimum extent necessary to make it enforceable. The remaining provisions shall continue in full force and effect.

Waiver

No failure or delay by Bersatu Partners in exercising any right under these Terms shall constitute a waiver of that right. A waiver must be in writing and signed by an authorised representative to be effective.

Assignment

The Client may not assign its rights or obligations under any engagement without the prior written consent of Bersatu Partners. Bersatu Partners may engage subcontractors or co-advisers in appropriate circumstances, subject to equivalent confidentiality obligations.

Notices

Notices under these Terms shall be given in writing by email to the address designated in the engagement letter, or by post to the registered address of the relevant party. Email notices are effective upon acknowledgement of receipt.

14. Changes to Terms

Bersatu Partners reserves the right to amend these Terms and Conditions from time to time. Material changes will be communicated by updating the "Last Updated" date at the top of this page.

Your continued use of the Website following the posting of revised Terms constitutes acceptance of those revisions. If you do not agree to the revised Terms, please discontinue use of the Website. Changes to Terms do not affect engagements already in progress under an executed engagement letter, unless both parties agree to the variation in writing.

15. Contact

For questions about these Terms and Conditions, or to raise a concern relating to our services, please contact us: