Terms & Conditions

1. Definitions

In these Terms, the following words have the meanings given:

• "We", "us", "our" — Brackish, a business advisory practice registered and operating in Malaysia, with offices at Level 17, Menara Dion, Jalan Sultan Ismail, 50250 Kuala Lumpur.
• "You", "your" — any individual or organisation using this website or engaging our services.
• "Services" — the business continuity planning advisory services described on this website, including the Continuity Snapshot, Continuity Planning Advisory, and Continuity Practice Programme.
• "Engagement" — a contracted advisory engagement between Brackish and a client organisation.
• "Content" — all text, documents, templates, playbooks, and other materials produced or provided by us in connection with an engagement or made available on this website.
• "Agreement" — these Terms together with any engagement letter or statement of work agreed between the parties.

2. Acceptance of Terms

By using this website or enquiring about our services, you confirm that you have read and accept these Terms. If you are acting on behalf of an organisation, you confirm that you have authority to bind that organisation to these Terms.

Our Services are intended for organisations and their authorised representatives. You must be at least 18 years old and have the legal capacity to enter into a binding agreement to use our Services.

3. Service Description

Brackish provides business continuity planning advisory services to organisations in Malaysia. Our three service offerings — Continuity Snapshot, Continuity Planning Advisory, and Continuity Practice Programme — are advisory in nature. They are designed to help organisations understand their continuity position, build practical planning documentation, and develop sustainable review habits.

Our advisory work is educational and process-based. It does not constitute legal, financial, regulatory, or technical advice, and should not be treated as a substitute for specialist professional advice where such advice is required.

4. Engagements

Each advisory engagement is defined by a separate engagement letter or statement of work agreed before work begins. That document sets out the specific scope, session schedule, deliverables, fees, and any other terms applicable to that engagement.

Where these Terms conflict with a signed engagement letter, the engagement letter takes precedence for matters specific to that engagement.

5. User Responsibilities

When using this website or engaging our services, you agree to:

• Provide accurate and complete information when contacting us or entering an engagement
• Use this website and any materials provided only for lawful purposes
• Not reproduce, distribute, or commercially exploit our website content or engagement deliverables without our written consent
• Not use our website in any way that disrupts its operation or imposes an unreasonable load on our infrastructure
• Keep any login credentials or shared documents we provide secure and confidential

6. Intellectual Property

All content on this website — including text, design, and templates — is owned by or licensed to Brackish. You may view and print content for personal or internal reference purposes only.

Deliverables produced during an advisory engagement (such as continuity plans, playbooks, and summaries) are provided for your organisation's own operational use. We retain the underlying methodologies, frameworks, and templates used to produce those deliverables.

You may not republish, resell, or present our deliverables as your own work or as the work of another adviser.

7. Fees and Payment

Service fees are stated in Malaysian Ringgit (RM) as published on this website or as agreed in an engagement letter. All fees are exclusive of applicable taxes unless stated otherwise.

Payment terms are set out in the relevant engagement letter. Where no separate terms are agreed, fees are due within 14 days of invoice.

Where an engagement is cancelled by the client after work has commenced, fees may be payable for work completed to the date of cancellation. Specific cancellation terms are set out in individual engagement letters.

8. No Warranties

We provide our Services with reasonable care and skill. However, we do not represent or warrant that:

• The advisory process will identify every continuity risk facing your organisation
• Plans or documentation produced will perform as intended in every scenario
• This website will be uninterrupted, error-free, or free of harmful components
• Information on this website is complete, current, or accurate at all times

Nothing in these Terms excludes or limits liability that cannot be excluded by Malaysian law, including liability for death or personal injury caused by negligence.

9. Limitation of Liability

To the extent permitted by Malaysian law, our total liability to you in connection with any engagement shall not exceed the fees paid by you for that engagement in the three months preceding the relevant claim.

We are not liable for indirect, consequential, or incidental loss, including loss of profit, loss of business, or business interruption, arising from use of our Services or website, even if we have been advised of the possibility of such loss.

10. Confidentiality

Both parties agree to keep confidential any non-public information disclosed during an engagement and to use it only for the purposes of that engagement. This obligation continues for three years after the engagement concludes.

Confidentiality does not apply to information that is publicly available, already known to the receiving party, or required to be disclosed by law.

11. Indemnification

You agree to indemnify and hold Brackish harmless from any claims, losses, or costs (including legal fees) arising from your misuse of our website, your breach of these Terms, or any inaccurate or misleading information you provide to us.

12. Termination

Either party may terminate an engagement in accordance with the terms of the relevant engagement letter. We may suspend or terminate access to our website or services immediately if we reasonably believe you are in material breach of these Terms.

Provisions concerning intellectual property, confidentiality, limitation of liability, and governing law survive termination.

13. Dispute Resolution

We prefer to resolve disagreements informally. If you have a concern, contact us at legal@{{DOMAIN}} and we will work to address it within 14 days.

If informal resolution is not possible, disputes arising from these Terms or any engagement shall be subject to the exclusive jurisdiction of the courts of Malaysia, and these Terms shall be governed by Malaysian law.

14. General

• Entire agreement: These Terms, together with any signed engagement letter, form the entire agreement between the parties on the relevant subject matter.
• Severability: If any provision is found to be unenforceable, the remaining provisions continue in full force.
• Waiver: Failure to enforce any provision does not constitute a waiver of that provision.
• Assignment: You may not assign your rights or obligations under these Terms without our prior written consent.
• Notices: Formal notices under these Terms should be sent to the addresses or email addresses listed in the relevant engagement letter or at the base of this page.

15. Changes to These Terms

We may update these Terms from time to time. The date at the top of this page reflects the most recent revision. For active engagements, any material changes that affect the engagement will be communicated directly to the relevant client. Continued use of the website after a revision constitutes acceptance of the updated Terms.

16. Contact

For legal enquiries or questions about these Terms:

• Email: legal@{{DOMAIN}}
• Post: Brackish, Level 17, Menara Dion, Jalan Sultan Ismail, 50250 Kuala Lumpur, Malaysia
• Phone: +60 3-2031 8654