Terms & Conditions

1. Definitions

• "Agreement" means these Terms and Conditions together with any engagement scope letter or service agreement issued by Nimbex.
• "Service" means the AI strategy advisory services offered by Nimbex, including the Strategy Discovery Workshop, Use-Case Prioritisation Sprint, and Roadmap Advisory Engagement.
• "User" or "Client" means any individual or organisation using our website or engaging our services.
• "We / Us / Our" refers to Nimbex Sdn Bhd, a company registered in Malaysia.
• "Deliverables" means the written outputs produced under a service engagement, including opportunity maps, shortlists, rationale documents, and roadmap documents.
• "Website" means the site operated by Nimbex at nimbexe.com.

2. Acceptance of Terms

By accessing our website or commissioning a service, you confirm that you are at least 18 years of age, have the legal capacity to enter into this Agreement, and are acting on behalf of yourself or an organisation you are authorised to represent.

For service engagements, the Agreement is formed when Nimbex issues a written scope letter and the Client provides written confirmation of acceptance.

3. Service Description

Nimbex provides AI strategy advisory services to organisations in Malaysia. Our services are advisory in nature. We do not build, implement, or operate AI systems. Services are available to organisations based in Malaysia and to international organisations operating in or planning activities for the Malaysian market.

Specific service descriptions, scope, deliverables, timelines, and pricing are set out in individual scope letters issued at the start of each engagement.

4. User Responsibilities

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

• Provide accurate and complete information when requested
• Treat our team with respect during all interactions
• Not use our website or services for any unlawful purpose
• Not attempt to gain unauthorised access to any part of our systems
• Not reproduce, distribute, or commercially exploit Deliverables without our written consent

5. Intellectual Property

All content on this website, including text, design, and graphics, is owned by or licensed to Nimbex and protected under Malaysian intellectual property law.

Deliverables produced under a service engagement are licensed to the Client for their own internal use upon full payment. This is a limited, non-exclusive, non-transferable licence. Clients may not resell, publish, or use Deliverables to offer competing advisory services without our prior written consent.

Nimbex retains all underlying methodologies, frameworks, and tools used in producing Deliverables.

6. Payment Terms

All service fees are denominated in Malaysian Ringgit (RM) and are set out in individual scope letters. Payment terms are as follows:

• Workshop and Sprint services: full payment due within 7 days of invoice, prior to service commencement
• Roadmap Advisory Engagement: 50% on commencement, 50% on delivery of the final roadmap document
• Accepted payment methods: bank transfer to Nimbex Sdn Bhd account (details provided on invoice)
• Late payment: invoices unpaid after 14 days may attract a late fee of 1.5% per month

All prices are exclusive of any applicable taxes. Clients are responsible for any applicable withholding tax or SST where required by Malaysian law.

Cancellation: If a Client cancels a confirmed engagement with less than 5 business days' notice, Nimbex reserves the right to retain any deposit paid. Cancellations with more than 5 business days' notice will receive a full refund of any advance payment.

7. Service Delivery Terms

• Services are delivered in accordance with the scope letter agreed at the start of the engagement
• Nimbex will make reasonable efforts to deliver within the timelines stated, subject to Client cooperation and availability
• Changes to scope requested by the Client after commencement will be assessed and may require a revised scope letter and additional fee
• Sessions may be delivered in person (Kuala Lumpur) or remotely via video call, as agreed
• Revision support included in the Roadmap Advisory Engagement covers one round of revisions to the final roadmap document

8. Confidentiality

Nimbex treats all Client information shared during an engagement as confidential. We will not share Client-specific information with any third party without written consent, except where required by law.

Clients are asked to treat Nimbex's methodologies and unpublished materials as confidential and not to disclose them to third parties without our consent.

9. Disclaimers

Our services are advisory in nature. Nimbex provides information, analysis, and structured facilitation to support your organisation's decision-making. We do not make decisions on behalf of Clients, and we do not represent that following our advice will produce any specific outcome.

Our website is provided "as is" and we make no representations about the accuracy or completeness of its content. We are not liable for any decisions made in reliance on information contained on this website alone.

10. Limitation of Liability

To the extent permitted by Malaysian law, Nimbex's total liability to any Client for any claim arising out of or in connection with a service engagement shall not exceed the total fees paid by the Client for that engagement.

Nimbex is not liable for indirect, consequential, or special damages, including loss of profit or business opportunity, arising from use of our website or services.

This limitation does not apply to liability arising from fraud, gross negligence, or wilful misconduct.

11. Indemnification

You agree to indemnify and hold harmless Nimbex, its directors, and team members from any claims, losses, or damages arising from your breach of this Agreement, your misuse of our Deliverables, or any third-party claims resulting from your use of our services.

12. Termination

Either party may terminate an engagement by giving written notice if the other party materially breaches this Agreement and fails to remedy the breach within 14 days of receiving notice.

On termination, any outstanding fees for work completed to date become immediately payable. Sections on Intellectual Property, Confidentiality, Limitation of Liability, and Dispute Resolution survive termination.

13. Dispute Resolution

This Agreement is governed by the laws of Malaysia. Any dispute arising from this Agreement shall first be addressed through good faith discussion between the parties. If the dispute is not resolved within 30 days, either party may refer it to mediation through the Malaysian Mediation Centre before commencing legal proceedings.

The parties submit to the exclusive jurisdiction of the courts of Malaysia for any dispute that cannot be resolved through mediation.

14. General Provisions

• Entire Agreement: This Agreement constitutes the entire understanding between the parties regarding its subject matter and supersedes prior discussions or agreements.
• Severability: If any provision is found unenforceable, the remaining provisions continue in full force.
• Waiver: Failure to enforce any provision does not constitute a waiver of that provision.
• Assignment: Clients may not assign their rights under this Agreement without our prior written consent.
• Notices: Formal notices should be sent in writing to the addresses set out in this Agreement or a scope letter.

15. Changes to These Terms

We may update these Terms and Conditions from time to time. The "Last Updated" date at the top of this page will be revised accordingly. Continued use of our website after any changes constitutes acceptance. For active service engagements, the terms in the scope letter in force at commencement continue to apply unless both parties agree to revised terms in writing.

16. Contact

For questions about these Terms and Conditions:

• Email: [email protected]
• Post: Nimbex Sdn Bhd, Suite 9-2, Wisma Mont Kiara, 1 Jalan Kiara, 50480 Kuala Lumpur, Malaysia
• Phone: +60 3-6201 5874